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<br />Form 6-AC-02A <br /> <br />DEPP <br /> <br /> <br />CONTRACT ROUTING NUMBER <br />?T 0 <br /> <br />$325,000 <br /> <br />CONTRACT <br /> <br />THIS CONTRACT, made this 1st day of July 1983. by'and bet~een the <br />State of Colorado for the use and benefit of the Department of " Natural Resources <br />(Colorado Water Conservation Board), <br /> <br />hereinaft(>r referred to as the State. and '2 the Handy Ditch Company, <br />Box 460, Berthoud, Colorado 80513, <br /> <br />hereinafter referred to as the contractor, <br /> <br />WHEREAS. authority exists in the Law and Funds have been budgeted, appropriated and otherwise made <br />available and a sufficient unencumbered balance thereof remain~ilable fo~ayment in Fund Number 4008 <br />G/L Account NUl11bero404 Y, Contract Encumbrance Number '5'3,t/o ; and ' <br />/4040 <br />WHEREAS. required approval. clearance and coordination has been accomplished from and with appropriate <br />a~e ncies: tlJ1d <br /> <br />WHEREAS, pursuant to the provisions of 37-60-119, Colorado <br />Revised Statutes 1973, as amended, the State is authorized to <br />construct certain water projects for the benefit of the people <br />of the State; and <br /> <br />WHEREAS, the Contractor is a duly constituted ditch <br />company in the State of Colorado and wishes to enlarge and <br />improve the Hertha Reservoir, hereinafter called the project, <br />for the ditch company members in Larimer County, Colorado, at <br />an estimated cost of Six Hundred and Fifty Thousand Dollars <br />($650,000); and <br /> <br />WHEREAS, a feasibility investigation of said project was <br />conducted and it was found that such a project is economically <br />feasible; and <br /> <br />WHEREAS, the State has agreed to construct said project and <br />to sell the same to the Contractor upon mutuM' a eeable <br />terms and conditions, subject to the availabi':" 'Fgrding <br />for that purpose: and ]'-;, <br /> <br />WHEREAS, pursuant to House Bill No. [~T, ~~Y~Four~h <br />General Assembly of the State of Colorado, Jd&iy.tl!JnW5i?_.;~o ' <br />law, the Colorado Water Conservation Board has, been author1zed <br />to expend a sum not to exceed Three Hundred and Twenty-Five <br />Thousand Dollars ($325,000) for construction of the project; <br /> <br />NOW THEREFORE, in consideration of the mutual and <br />dependent covenants herein contained, it is agreed by the <br />parties hereto as follows: <br /> <br />A. The Contractor agrees that it shall: <br /> <br />1. Employ an engineering firm to prepare project plans <br />and specifications for the proposed project. Both the <br />engineering firm and the project plans and specifications shall <br />be approved by the State. <br /> <br />2. Subcontract the construction of said project to a <br />responsible and capable firm, said project to .be completed <br />within two (2) years of the date of this contract in accordance <br />with the project plans and specifications and any necessary <br />modification thereof approved by the State. The State must <br />approve, in writing, all subcontracts before they become <br />effective. The above-mentioned time may be extended by the <br />State if such time is insufficient because of acts of God or <br />other acts or circumstances beyond the control of the <br />Contractor. <br /> <br />395,53,01,COI0 <br /> <br />Page I of...1- pages <br />*(Sce instructions on re\'crsc of last page.) <br /> <br />102 <br />handy /d <br />