PROJ00110

• Contract/PO #: C153491
• Contractor Name: Upper Yampa Water Conservancy District
• Contract Type: Loan
• Water District: 0
• County: Routt
• Bill Number: HB 83-1102
• Loan Projects - Doc Type: Contract Documents

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Contractor a apecial written notice of the necessary repairs. Within 60 days of
receip[ of such notice, the Contractor shall either make the repaira or submit a
plan acceptable to the Contracting Officer for accomplishing said repaira. If
the Contractor fails to do either within 60 days of receipt of said notice, the
Contracting Officer may cauae the repairs to be made and the cost thereof shall
be paid by the Contractor as directed by the Contracting Officer.
(c) The Contractor shall make no substantial changes in the Project
Works without first obtaining written consent of the Contracting Officer.
(d) The Contractor agrees to indemnify the United States for, and to
hold the United States and all of its representatives harmless from, all damages
resulting from suits, actions, or claims of any character brought on account of
any injury to any person or property arlsing out of any act, omission, neglect,
or misconduct in the manner or method of performing any construction, care,
operation, maintenance, supervision, examination, inspection, or other duties of
the Contractor or the United States required under this contract, regardless of
who performs those duties.
(e) The Contractor, as owner and operator of the dam and reservoir
being constructed, modified, or rehabilitated with loan funds being provided by
the United States under provisions of this contract, accepts all responsibility
for the structural integrity and safety of the dam and related facilities being
constructed, modified, or rehabilitated. The Contractor hereby releases the
United States and its officers and employees from any liability whatsoever
resulting from or concerned with the design, construction, operation, and
maintenance of the dam and related facilities.
(1) The Contractor shall implement an effective safety of dams
program acceptable to the State of Colotado in which the facilities are located
and consistent with the safety of dams tomponent of the approved loan program
providing the basis for this contract. If, for any reason, the State declines
to review the Contractor's safety of dams program, the Contractor shall implement
an effective program acceptable to the Contracting Officer. The Contractor
agrees to provide the appropriate agency of the State with design data, designa,
and an operating plan for the dam and related facilities consistent with the
current memorandum of understanding between the United States and the State of
Colorado relating to coordination of storage dam plan
maintain process.
(2) The Contractor agrees to request the State to examine and
evaluate the dam and related facilities at least once every 3 years for
atructural integrity and safety. If, for any reason, the State declines to
inspect the facilities at 3-year intervals, the Contractor shall, as a minimum,
cause safety examinations and evaluations to be performed at 3-year intervals,
at its own expense, by a qualified and impartial third party acceptable to the
State of Colorado and the Contracting Officer. The Contracting Officer shall be
afforded an opportunity to observe the safety of dam examinations and shall be
provided copies of reports and recommendations relating to the safety
examinations.
(f) In the event the Contractor is found to be operating the Project
Works or any part thereof in violation of this contract, then, upon the election
of the Contracting Officer, the United Sta[es may take over from [he Contractor
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