C150102 Contract

• Contract/PO #: C150102
• Contractor Name: Monument, Town of
• Contract Type: Grant
• Water District: 10
• County: El Paso
• Loan Projects - Doc Type: Contract Documents

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S. The Contractor and the CWCS agree that this Mitigation Contract is made pursuant to
~ 37-60-122.2, CRS, and that under no circumstances shall the total amount of the
grant exceed 5% of the construction costs of the Project as defined in ~ 37-60-
122(2)(d), CRS, or be disbursed in installments that exceed 70% of the amount of the
grant during any fiscal year. In accordance with Appendix 2, the Contractor agrees to
bear the costs of implementing the Official State Position to the extent those costs
equal 5% of the construction costs of the Project and exceed 10% of the construction
costs of the Project.

C. The Contractor will comply with the Official State Position for fish and wildlife mitigation
for the Project and will utilize the grant monies that it receives pursuant to this contract
only for payment of the cost of implementing the requirements of the Official State
Position.

D. The CWCS shall have the right to review the Contractor's records and inspect the
mitigation measures, lands, and activities to determine the status of the Contractor's
compliance with the Official State Position.

E. The Contractor agrees to fully comply with the Official State Position and to use said
grant money for the sole purpose of paying for the mitigation measures identified in the
Official State Position for Fish and Wildlife Mitigation measures for this Project. Failure
to comply with the Official State Position or use of the funds for any other use shall be
a material breach of this mitigation contract and the CWCS may file suit for specific
performance, return of monies, or any other remedy available to it under this contract in
a court of competent jurisdiction.

F. Performance of PROJECT. The CONTRACTOR shall perform the PROJECT in accordance
with the Department of the Army Permit No. 2000 00482-1 attached as Appendix 3 and
incorporated herein

G. Time of performance. The CONTRACTOR recognizes that time is of the essence in the
performance of its obligations under this contract. Therefore, the CONTRACTOR shall be
responsible for the completion of the tasks listed in the PROJECT Scope of Services
within the time specified in Section 3 (Time of Performance) of the Project Summary.

H. Disbursement of funds. The Contractor shall provide to the CWCS a periodic
progress report prior to each disbursement that states the percentage of Project
tasks completed and the costs incurred for that period. The CWCS shall disburse
funds in accordance with Section 4 (Disbursement Schedule) of the Project
Summary.

I. Return of Unused Funds. Any funds disbursed but not expended for the Project in
accordance with the terms of this Contract shall be remitted to the CWCS within 30
days of either (1) completion of the Project, or (2) upon termination of the Project by
the CWCS in accordance with Paragraph J herein.

J. Termination of contract for cause. If, through any cause, the CONTRACTOR fails to fulfill
in a timely and proper manner its obligations under this contract, or if the CONTRACTOR
violates any of the provisions of this contract, the CWCS, shall thereupon have the
right to terminate this contract for cause by giving written notice to the CONTRACTOR of
such termination and specifying the effective date thereof, at least five (5) days before
the effective date of such termination. Upon submittal to the CWCS of a statement of
PROJECT costs for the period preceding the effective date of the termination of this

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