C150049 Contract

• Contract/PO #: C150049
• Contractor Name: People's Ditch Company
• Contract Type: Loan
• County: Logan
• Loan Projects - Doc Type: Contract Documents

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a. The BORROWER shall employ an engineer, registered in the State of Colorado, hereinafter
referred to as the CONSULTANT, to prepare plans and specifications for the PROJECT.
b. The agreement between the BORROWER and the CONSULTANT and the plans and
specifications must be submitted to the CWCB staff for verification of compliance with the
terms of this contract prior to bid opening. Any modifications to the plans and specifications
must be approved in writing by the CWCB staff.
c. For plans and specifications for all jurisdictional dams and reservoirs, as defined by § 37-87-
105 C.R.S. (1999), the BORROWER shall provide a letter of approval from the State Engineer's
Office prior to construction.
d. CWCB staff must be present at bid opening and must approve the award of the construction
contract.
e. The BORROWER shall contract for the construction of the work with responsible and capable
firms, hereinafter referred to as CONSTRUCTION FIRMS, which CONSTRUCTION FIRMS shall be
selected by the BORROWER and found acceptable by the CWCB staff before work under this
contract begins.
f. The BORROWER must provide a copy of the executed construction contract documents
consisting of the contractor's proposal, construction contract, performance bond, payment
bond, notice of award, notice to proceed, sample change order, and sample field order. After
the CWCB staff verifies that these documents comply with the terms of this contract, the
BORROWER may issue the notice to proceed to the CONSTRUCTION FIRMS.
g. The BORROWER shall conduct a pre-construction conference at which time the CWCB staff
shall have the opportunity to review and approve the construction schedule.
h. If the CWCB staff determines that the PROJECT requires a resident inspector during
construction, the BORROWER shall employ an inspector who has been approved by the CWCB
staff.
i. The BORROWER shall construct the PROJECT in accordance with the approved plans and
specifications.
j. Upon completion of the PROJECT construction, the BORROWER shall provide as-built drawings
of the PROJECT to the CWCB staff, and, if required by ---37-87-105, C.R.S. (1999), the
BORROWER shall provide the same drawings to the State Engineer's Office for approval and
filing.
k. Upon completion of the PROJECT construction, the BORROWER shall arrange a final inspection
for the CWCB staff, CONSTRUCTION FIRM, and the CONSULTANT.
2. Time For PROJECT Completion. The BORROWER recognizes that time is of the essence in the
performance of all of its obligations under this contract. Therefore, the BORROWER shall complete
the PROJECT within two (2) years from the effective date of this contract. The time for completion
g. ens subject to the approval BORROWER the PROJECT m � h v{ n�extended ��h` of the STATE. y
of ���� may i�i� v e�lulu Juu'�ev� to the aYppl V Val l77 ll IC J I A 1 C. The BVRRO�V CR mllJl
provide, in writing, documented justification for any request for extension sixty (60) days prior to
the end of the period for completion. The State will provide to the Borrower within thirty (30) days
following receipt of the Borrower's request, a letter of approval or denial of the request for
extension of time for completion.
3. indemnification By The CONSTRUCTION FIRM. The BORROWER shall require all CONSTRUCTION
FIRMS and their subcontractors to indemnify the STATE and the BORROWER against all liability and
loss, and against all claims and actions based upon or arising out of damage or injury, including
death, to persons or property, caused by any acts or omissions of those parties or sustained in
connection with the performance of any contract related to the PROJECT or by conditions created
thereby, or based upon any violation of any statute, ordinance, or regulation, and the defense of
any such claims or actions.