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C150041 PIF
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C150041 PIF
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Last modified
7/31/2018 1:03:28 PM
Creation date
7/31/2018 1:03:11 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C150041
Contractor Name
Woodchuck Ditch Comapny
Contract Type
Loan
Loan Projects - Doc Type
Repayment Information
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a. Preparing final designs and specifications for the PROJECT. <br /> b. Preparing bid and construction contract documents. <br /> c. Preparing environmental assessment or environmental impact statements, and otherwise <br /> complying with the Federal National Environmental Policy Act. <br /> d. Complying with all federal, state, and local regulatory requirements, including the obtaining of <br /> all required permits. <br /> e. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations. <br /> f. Actual construction as called for in the design documents and in change orders approved by <br /> the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM. <br /> g. Engineering services for construction management, including' design and construction <br /> management for STATE-approved change orders. <br /> h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing <br /> construction contract documents, and for complying with all federal, state, and local regulatory <br /> requirements. <br /> 7. STATE May Release Contract. In its sole discretion, the STATE may at any time give any consent, <br /> deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S <br /> obligations under this contract, with valuable consideration, upon such terms and conditions as <br /> the STATE may determine to be advisable to further the purposes of this contract or to protect the <br /> STATE'S financial interest therein, and consistent with both the statutory purposes of this contract <br /> and the limitations of the statutory authority under which it is made. <br /> 8. Casualty And Eminent Domain. If, at any time, during the term of this contract, (a) the <br /> BORROWER'S PROJECT facilities including buildings or any portion. thereof, are damaged or <br /> destroyed, in whole or in part, by fire or other casualty, or (b) o to or use of the PROJECT <br /> facilities or any part thereof shall be taken under the exercise oft .+w , of ' -nt domain, the <br /> BORROWER shall cause the-net proceeds of any insurance clam ` •rlco ;ti. award to be <br /> applied to the prompt replacement, repair and restoratiorf : e PROJECT •• L'' -• •r any portion <br /> thereof, or to repayment of this loan. Any net procee V nine er such work has been <br /> completed shall be retained by the BORROWER. If the net ns anc. ripe s , e •• fficient to <br /> 40. <br /> pay the full cost of the replacement, repair and restoration, the -R E all .ymplete the <br /> work and pay any cost in excess of the net proceeds. In the event Borrow " •+ - •., -pay the <br /> loan, Borrower shall remain responsible for the full loan amount outstanding regardless of the <br /> amount of such insurance proceeds or condemnation award. <br /> 9. Captions. The captions and headings contained in this contract are for convenience and <br /> reference only and shall not be construed so as to define or limit the terms or provisions <br /> contracted herein. <br /> 10. STATE'S Approval. This contract requires review and approval of plans, specifications, and <br /> various other technical and legal documents. The STATE'S review of these documents is only for <br /> the purpose of verifying BORROWER'S compliance with this contract and shall not be construed or <br /> interpreted as a technical review or approval of the actual design or construction of the PROJECT <br /> rehabilitation. Notwithstanding any consents or approvals given to the BORROWER by the STATE <br /> on any such documents, BORROWER and its CONSULTANT, by preparing any such documents, <br /> shall be solely responsible for the accuracy and completeness of any of said documents. <br /> Woodchuck Ditch Company Page 9 of 13 Loan Contract <br />
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