THIS MREDEN NO. 1995 CONTRACT AGREEMENT, made and executed in three original counterparts this day of January, 1995, between UTAH GOUSTY, hereinafter called Local Agency" first party, and L CONSTRUCTION CO., Spanish Fork, hereinafter called "Contractar second party. WITNESSETH, that for and in consideration of payments. hereinafter mentioned to be tada by the local agency, Contractor agrees to furnish all labor and equipmant, to furnie and deliver all materials, not specifically mentioned as being furnished by the Local Agency, and to do and perform all work the Benjamin Slough Charmel Dredging Operations: DREDGING OPERATIONS for the sum of TWENTY SEVEN THOUSAND FIVE HUNDRED and 10/100 DOLLARS ($27,500.00). The Contractor further covenants and agrees that all work and labor shall be done and performed in the best workmanlike manner and in strict conformity with specifications. The said Specifications, Notice to Contracto Instructions to Bidders, General Requirements, Scope of the and Bid Proposal, collectively referred to herein as the "C Documents," are hereby made a part of this Agreement as fully the same had been set forth at length herein. In consideration of the foregoing premises, the Local agrees to pay to the Contractor in the manner and in the provided in the said Specifications and Proposal. Notwithstanding anything contained in the Contract Do to the contrary, the following tarus shall control: if 1. The obtaining by Utah County of an extension of Alter Natural Stream Humber Parmit No. 93-53-01 SA shall be an absolute condition precedent to any obligation or liability of Utah comacy, under this Contract and shall be an absolute condition precedent this Contract becoming effective. 2. The Contract performance by the Contractor mist while frozen ground conditions exist at the location project. 3. Contractor herewith agrees to indemnify and County, its officers, agents, officials and employees, action, causes of action, claims for relief, demands, agus, expenses, costs, fees, attornay's fees, or compensation, whether or not said actions, causes of action, claims for relief, demands, damages, costs, fees, expenses and/or compensations are known or unknown, are in law or equity, and without: limitation, all claims of relief which can be set forth through a complaint or otherwise, that may arise out of this Contract or Contractor's performance of this Contract. IN WITNESS WHEREOF, the parties herewich have subscribed their names through their proper officers thereunto duly authorized as of the day and year first above written. State of Utah DEPARTMENT OF NATURAL RESOURCES 1635 Wear North Tazpia, Sulle 220 Salt Lake Chy, UT 84116-$156 801-635-7240 801-516-7667 (Fax) January 11, 1995 Clyde Naylor, P.E. Utah County 2855 South State Street Provo, UT 84606 Re: Stream Channel Alteration Permit Number 93-53-01SA to enlarge and dredge the Benjamin Slough Channel. EXPIRATION DATE: March 1, 1995 Gentlemen: Permit to Alter a Natural Stream Channal Number $3-53-01SA is hereby extended from January 7, 1995, to March 1, 1995, pursuar.t to the requirements of Section 73-3-29 of the Utah Code Annotated, 1953. This extension also constitutes compliance with Section 404 (e) of the Clean Water Act (33 USC 1344) pursuant to General Permit 040 issued to the State of Utah by the U.S. Army Corps of Engineers on October 15, 1987. Work performed under this permit is subject to the conditions of the original permit. Within 30 days after the completion of this project, the State Engineer's office must be contacted for a compliance inspection. Failure to provide such notification would invalidate U.S. Army Corps of Engineer's General Permit 040, thereby placing the applicant in violation of Section 404 of the Clean Water Act. Arrangements for this inspection may be made through Greg Mladenka of this office. This Decision is subject to the provisions of Rule R655-6 of the Division of Water Rights and to Sections 63-466-13 and 73-3-14 of the Utah Code Annotated, 1953 as amended, which provide for filing either a Request for Reconsideration with the State Engineer, or an appeal with the appropriate District Court. A Request for Reconsideration is not a prerequisite for a court appeal. A court appeal must be filed within 30 days after the date of this Decision, or if a Request for Reconsideration has been filled, within 30 days after the date the Request for Reconsideration is denied. A Request for Reconsideration is considered denied when no action is taken 20 days after the Request is filed. |