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C153564 PIF contract
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C153564 PIF contract
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Last modified
12/23/2010 12:57:56 PM
Creation date
12/23/2010 12:50:18 PM
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Loan Projects
Contract/PO #
C153564
Contractor Name
Bauer Lakes Water Company
Contract Type
Loan
Water District
34
County
Montezuma
Bill Number
HB 85-1042
Loan Projects - Doc Type
Contract Documents
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WHEREAS, pursuant to House Bill 1042, Fifty-Fifth General <br />Assembly, the State has been authorized to loan Fifty Thousand <br />Dollars ($50,000) for construction of the project, inclndinq <br />the cost of the feasibility report; and <br />WHEREAS, the amount of Fifty Thousand Dollars ($50,000) may <br />be increased by reason of changes made in the plans for the <br />project; and <br />WHEREAS, such changes are required by final engineering <br />drawinqs and specifications; and <br />WHEREAS, the amount of Fifty Thousand Dollars (�50,000) was <br />increased to One Hundred Thousand Dollars ($100,000) including <br />the cost of the feasibility report. <br />NOW THEREFORE, in consideration of the mutual and <br />dependent covenants herein contained, it is aqreed by the <br />parties hereto as follows: <br />A. The State and the Contractor have previously entered into a <br />termination contract, attached hereto as Exhibit A, and a <br />feasibility report contract, attached hereto as Exhibit B. <br />Exhibits A and B are incorporated by reference herein. The <br />Contractor�s Articles of incorporation and Corporate By-Laws <br />are also incorporated by refer e <br />B. The Contractor agrees that�t����� <br />1. Employ an enqineeri��r��e��[�r referred to as <br />the Consultant) to prepare c p�t� � specificetions for <br />the project. Both the Consultant and the project plans and <br />specifications must be approved in writing by the State before <br />construction on the project can commence. For purposes of this <br />paraqraph, °construction" includes any real estate and water <br />riqhts acquisitions. <br />2. Contract for the constrnction of said project to a <br />responsible and capable firm or firms (hereinafter referred to <br />as Construction Firm or Firms), which Construction Firms shail <br />be seleated by the Contractor through competitive public <br />bidding. The State must approve in writing all contracts <br />before they can become effective. <br />3. Cause construction of the project to be completed <br />within three (3) years of the date of this contract, in <br />accordance with the project plans•and specifications and any <br />necessary modification(s) thereof approved by the State. This <br />time may be extended by the State in writinq if such time is <br />insufficient because of acts of God or other acts or <br />circvmstances beyond the control of the Contractor. The <br />Contractor raust produce documented justification of any such <br />acts or circumstances. <br />4. Require all Construction Firms and their subcontractors <br />to indemnify the State and the Contractor aqainst all liability <br />and loss, and against all claims and actions based upon or <br />arising out of damaqe or injury, includinq death, to persons or <br />property, cavsed by any acts or omissions of those parties or <br />svstained in connection with the performance of any contract <br />related to the project or by conditions created thereby, or <br />based upon arp violation of any statute, ordinance, or <br />regulation, and the defense of any such claims or actions. <br />5. Reqvire all Construction Firms and their subcontrac- <br />tors to maintain durinq the term of their contracts for project <br />construction the following: <br />a. Workmen�s compensation and employers' liability <br />insurance in the required statutory amounts. <br />Page 2 of 11 Pages <br />
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