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For", 6-AC-02A D RTMENT OR AG R 34-04-00 CONTRACT ~?.,.IJ!JN~ tUMBER \S <;;;;>.1:_<< $119,500 CONTRACT THIS CONTRACT. made this 1st day of September 1982. by and between the State of Colorado for the use and benefit of the Department of '1 Natural Resources (rnlnrano Wat.p.r Conse~tion Board), hereinafter referred to as the State. and '2 the Kern Reservoir and Ditch Company, POBox 700, Windsor. Colorado 80550, hereinafter referred to as the contracto,. . WHEREAS, au.thority exists in the ~w ds have been budgeted. appropriated and otherwise made available and a suflic,ent unencumber'l reof re a ai bl for ayment in Fund Number 4008, G/L Account Number 534 3~ Cont cumbr -:. . and ABL Account Number 1343 , 0 - - , WHEREAS, required approval. ~n.ce rdination has been accomplished from and with appropriate agencies; and \\ ~ WHEREAS, pursuant to the provisions of 37-60-119, Colorado Revised Statutes 1973, as amended, the State is authorized to construct certain water projects for the benefit of the people of the State: and WHEREAS, the Contractor is a reservoir and ditch company in the State of Colorado and wishes to repair and improve its existing structures, hereinafter called the project, for the company shareholders in Weld County, Colorado, at an estimated cost of Two Hundred Forty Thousand Dollars ($240,000): and WHEREAS, a feasibility investigation of said project was conducted and it was found that such a project is economically feasible: and WHEREAS, the State has agreed to construct said project and to sell the same to the Contractor upon mutually agreeable terms and conditions, subject to the availability of funding for that purpose: and WHEREAS, pursuant to Senate Bill No. 439, Fifty-Third General Assembly of the State of Colorado, duly enacted into law, the Colorado Water Conservation Board has been authorized to expend a sum not to exceed One Hundred Twenty-Three Thousand Dollars ($123,000) for construction o~t roject: NOW THEREFORE, in considerat~ mU~l and depe~dent covenants herein contain,..." ~s"\'i.gr~ by the part~es hereto as follows: . .' .~.:~ y A, The Contractor agrees that ~~l~ 1, Employ an engineering fi~~to prepare project plans and specifications for the proposed project. Both the engineering firm and the project plans and specifications shall be approved by the State, 2, Subcontract the construction of said project to a responsible and capable firm, said project to be completed within t\"i.'O (2) years of the date of this contract in accordance with the project plans and specifications and any necessary modification thereof approved by the S,t~te, The State must approve, in writing, all subcontracts before they become effective. The above-mentidned time may be extended by the State if such time is insufficient because of acts of God or other acts or circumstances beyond the control of the Contractor. 395-5J-01-COlO 103 kern Page I of ~ pages .(Sce ins.rUClions on rqYc,$C Qr last pa8c.)