C-153757 PIF

• Contract/PO #: C-153757
• Contractor Name: Decker Lateral Company, The
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

BORROWER any unused funds contained in the CD ACCOUNT.
C. The STATE and the BORROWER mutually agree as follows:
1. Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is
hereby designated as the agent of the STATE for the purpose of this contract.
2. Contract Is Not Assignable. This contract is not assignable by the BORROWER except with
the prior written approval of the STATE.
3. Contract Relationship. The parties to this contract intend that the relationship between
them contemplated by this contract is that of lender-borrower, not employer-employee. No
agent, employee, or servant of the BORROWER shall be, or shall be deemed to be, an
employee, agent, or servant of the STATE. The BORROWER shall be solely and entirely
responsible for its acts and the acts of its agents, employees, servants, engineering firms,
construction firms, and subcontractors during the performance of this contract.
4. Complete Integration Of All Understandings. This agreement is intended as the complete
integration of all understandings between the parties. No prior or contemporaneous addition,
deletion, or other amendment hereto shall have any force or effect whatsoever unless
embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unless embodied in a written contract
executed and approved pursuant to STATE fiscal rules, with the exception of the Revision
Letter as described in the Changes Provision of this contract.
5. In Event Of A Conflict. In the event of conflict between the terms of this contract and
conditions as set forth in any of the aupendices, the provisions of this contract shall control.
6. Eligible Expenses. PROJECT costs bI`:r+ E.Pfor ntjthe STATE shall be limited to the
cost of:
a. Preparing final designs and specifications for the PROJECT.
b. Preparing bid and construction contract documents.
c. Preparing environmental assessment or environmental impact statements, and otherwise
complying with the Federal National Environmental Policy Act.
d. Complying with all federal, state, and local regulatory requirements, including the
obtaining of all required permits.
e. Fish and wildlife mitigation measures required by federal, state, or local laws and
regulations.
f. Actual construction as called for in the design documents and in change orders approved
by the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM.
g. Engineering services for construction management, including design and construction
management for STATE-approved change orders.
h. Legal services for reviewing engineering services contracts, reviewing this contract,
reviewing construction contract documents, and for complying with all federal, state, and
The Decker Lateral Company Page 9 of 14 Loan Contract