2024-01-29_HYDROLOGY - M2001107 - Laserfiche WebLink

Home Browse Search

shall be determined in accordance with the unit price in Paragraph I herein, for Useable Active Storage Capacity of each Cell, based on an appropriate detailed survey of the final water Storage capacity of each Cell ("Final Survey"). For purposes of this Construction Agreement, Useable Active Storage Capacity shall be defined as that volume of water below the Normal Maximum Water Surface being two feet below the lowest point of the crest of the reservoir or spillway; less any Dead Storage, being any volume of water that will not gravity drain to the reservoir's pump inlet with an invert at the elevation of the Reservoir bottom; less any Passive Storage being any water absorbed into the walls or bottom of the Reservoir; and, less any additional reduction in storage capacity as required by the State Engineer's Office. Within ninety (90) days of Contractor's notification of the completion of mining, the Owner at its sole cost will have the Final Survey performed by a registered professional engineer who will certify the exact quantity of Useable Active Storage Capacity available in each Cell delivered and said volume will be used for calculation of the Contract Amount of each Cell. The capacity for the purposes of calculating the Contract Amount will be based upon the Useable Active Storage Capacity. Owner will provide Contractor at the Delivery of each Cell with a copy of the Final Survey and the corresponding calculation of the Useable Active Storage Capacity and an area-capacity chart. Contractor and Owner shall agree on a Delivery Date pursuant to paragraph 16 of this Construction Agreement. On the Delivery Date Owner shall pay Contractor the Contract Amount calculated for the Cell and Contractor shall relinquish control of the Cell to Owner, notwithstanding contractual obligations beyond delivery set forth herein. The Contractor shall deliver the smaller cell first. If the larger cell is completed prior to the smaller cell, the Contractor will not be paid for the larger cell until such time that the smaller cell is delivered, unless the smaller cell cannot be delivered due to circumstances totally beyond the control of the Contractor. 12. Contractor Representations and Warranties-: Contractor represents and warrants as follows: a. Encumbrances. Contractor agrees that it will not encumber the Property in any way including, but not limited to mechanics liens, nor grant any property or contract right relating to the Property or other interests without the prior written consent of Owner. Contractor further agrees that if any encumbrances are created by actions of Contractor, Contractor will cause any and all such encumbrances to be removed, released, and cleared prior to the Delivery Date of the Reservoir or any Cell. b. Compliance with Government Regulations. Contractor warrants that there are no orders or directives of any city, county, state, federal or other governmental authority for repairs, maintenance work, or improvements to be performed on the Property. To the best of Contractors current, actual knowledge, Contractor has received no written notice from any municipal, state, Construction Agreement—Zadel(v.4-24-08) 17