C153770 Contract - Laserfiche WebLink

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1. Construction Fund Program Procedures. The foliowing items are procedures the BoRROwER shall follow during the construction phase of the PROJECT rehabiiitation. a. The BORROWER Sh811 employ a professional engineer, registered in the State of Coiorado, hereinafter referred to as the CoNSU�TaNT, to prepare plans and specifications for the PRO�ECT. b. The agreement between the BORROwER and the CoNSULTaNT and the plans and specifications must be submitted to the CWCB staff for verification of compliance with the tertns of this contract prior to bid opening. Any modifications to the plans and specifications must be approved in writing by the CWCB staff. c. For plans and specifications for all jurisdictional dams and reservoirs, as defined by § 37-87-105 C.R.S. (1990), the BoRROwER shall provide a letter of approvai from the State Engineer's Office prior to construction. d. CWCB staff must be present at bid opening and must approve the award of the construction contract. e. The BoRROwER shall contract for the construction of the work with responsible and capable firms, hereinafter referced to as CoNSTRUCriort FiRMS, which CoNSrRUCTioN FiRMS shall be selected by the BORROwER and found acceptable by the CWCB staff before work under this contract begins. f. The BoRROweR must provide a copy of the executed construction contract documents consisting of the advertisement for bid, contractor's proposai, construction contract, bid bond, performance bond, payment bond, notice of award, nofice to proceed, sample change order, and sample field order. After the CWCB staff verifies that these documents comply with the terms of this contract, the BoRROWER may issue the notice to proCeed to the CoNSTRUCTION FIRMS. g. The BoRROwER shall conduct a pre-construction conference at which time the CWCB staff shall have the opportunity to review and approve the construction schedule. h. If the CWCB staff determines that the PRO�ECr requires a resident inspector during construction, the BoRROwER shali employ an inspector who has been approved by the CWCB staff. i. The BoRROwER shail construct the PROJECT in accordance with the approved plans and specifications. j. Upon completion of the PRO�ECT construction, the BoRROwER shali provide as-built drawings of the PRO�ECT to the CWCB staff, and, if required by § 37-87-105, C.R.S. (1990) th@ BORROWER shall provide the same drawings to the State Engineer's Office for approval and filing. k. Upon compietion of the PRO�ecT construction, the BoRROwert shall arrange a final inspection for the CWCB Staff, CONSTRUCTION FIRM, and the CONSULTANT. 2. Time For PRO�ecr Completion. The BoRROweR recognizes that time is of the essence in the performance of aIl of its obligations under this contract. Therefore, the BoRROwER shall commence with construction in order to complete the PRO�ECT no later than three (3) years, from the date of this contract. The time for completion of the PRO�EC'r.may be extended subject to the approval of the STArE. The BoRROwER must provide, in writing, documented justification for any request for extension sixty (60) days prior to the end of the period for completion. 3. IndemnifiCation By The CONSTRUCTION FIRM. The BORROWER Shall �BqUi�e all CONSTRUCTION FIRMS and their subcontractors to indemnify the Sra'rE and the BoRROwER against aii liability and loss, and against all claims and actions based upon or arising out of damage or injury, including death, to persons or property, caused by any acts or omissions of those parties or sustained in connection with the performance of any contract related to the PRO�ECT or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation, and the defense of any such claims or Summit Reservoir & Irrigatio� Company Page 2 of 11 Loan Contract