C150028 Memorandum of Understanding

• Contract/PO #: C150028
• Contractor Name: Department of Wildlife
• Contract Type: MOU
• Loan Projects - Doc Type: Contract Documents

WHEREAS,the CDOW is developing a comprehensive description of the process through which declining
species will be identified and priorities for habitat improvement and Facility plans will be developed ("the
Comprehensive Plan");and
WHEREAS, the CDOW and the CWCB staffs have compiled a detailed feasibility study on the Facility
("Feasibility Study"), and, based on this information, the CWCB staff has evaluated the technical and
economic feasibility of the proposed development and operation of the Facility in conformance with the
Guidelines for Financial Assistance through the Colorado Water Conservation Board Construction Fund.
WHEREAS, on September 29, 1997, CDOW entered into an option contract with Chiles Farms ("the
Option Contract") for the purchase and sale of certain land and water rights located in the San Luis Valley
of Colorado ("Chiles property"), and on June 20, 1998, CDOW closed on the purchase of the Chiles
property; and
WHEREAS,the CWCB staff has considered the Chiles Property and concurs with CDOW that it is suitable
for purposes of constructing and operating the Facility.
NOW,THEREFORE,the CWCB and the CDOW hereby agree that:
1. Time of Performance. This MOU shall become effective upon signature by the parties and
the Colorado Division of Natural Resources Controller,and shall remain effective until three(3)years from
advertisement by CDOW of the notice of final settlement of construction claims required pursuant to § 38-
26-107, C.R.S. The CDOW recognizes that time is of the essence in the performance of its obligations
under this MOU,and therefore shall complete design and construction of the facility as soon as possible. If
for any reason the Facility is not completed by December 31, 2001, the CWCB shall not be obligated to
fund work performed on the Facility after that date.
2. Design and Construction of Facility. The design and construction of the Facility shall be
accomplished in accordance with applicable State procurement requirements and procedures. To the extent
compatible with those requirements and procedures, the CWCB staff shall participate in the design and
construction of the Facility as follows:
a) The CDOW shall consult with the CWCB staff regarding the selection of an
engineer, who shall be registered in the State of Colorado, hereinafter referred to as the
Consultant, to prepare plans and specifications for the Facility. The CDOW shall also consult
with the CWCB staff regarding the Facility plans and specifications prior to construction bid
opening.
b) The CDOW shall conduct the construction bid opening and award the
• construction contract in consultation with the CWCB staff.
c) The CDOW shall provide the CWCB staff with copies of the Invitation to Bids,
Contractor's Proposal, Division of Wildlife General Requirements and Covenants for Capital
Construction, Final Plans, Construction Contract Documents, Construction Project Special
Provisions,and all change orders.
d) The CDOW and CWCB staffs shall conduct a pre-construction conference,to be
scheduled and conducted by CDOW,at which time they will review the construction schedule.
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