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AQ;$� _ C <br />Form 6- AC -02A IAT' "'i'MENT OR AGI {NCY N(1MIt1,a? <br />• rt, <br />34 -04 -00 <br />CON "I'iiACT ROUTING NUMBER <br />a <br />$ 985,000 <br />CONTRACT <br />THIS CONTRACT, made this -_th day of September 19 SQ by and between the <br />State of Colorado for the use and benefit of the Department of '� Natural R _co s' (rolorado <br />WAtar rnnePryatinn Anard) <br />hereinafter referred to as the State, and *2 _ UP Wa t one van _y n ' c r ; _ , P-0- Box 460, <br />Grand .Time -tinny Colorado RI S01 <br />hereinafter referred to as the contra. ctor, <br />WHEREAS, authority exists, in the Law and Funds have been budgeted, appropriated and otherwise made <br />available and a sufficient unencumbered balance thereof remains available fo�r,Rayment in Fund Number 4002 , <br />G/L Account Number 53117 ? ` <br />, Contract Encumbrance Numberl,'ls.z 9 -J-17 and <br />WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate <br />agencies, and <br />WHEREAS, '3 pursuant to the provisions of 37 -60 -119, Colorado Revised Stat- <br />utes 1973, as amended, the State is authorized to construct certain water projects <br />for the benefit of the people of the State; and <br />WHEREAS, the Contractor is a Water Conservancy District in the State of Colo- <br />rado and wishes to undertake construction of a water tank and main pipeline here- <br />inafter called the project for the members of the Ute Water Conservancy District <br />in Mesa County, Colorado, at an estimated cost of about Thirteen Million Dollars <br />($13,000,000); and <br />WHEREAS, a feasibility investigation of said project was conducted and it was <br />found that such a project is economically feasible; and <br />WHEREAS, the State has agreed to construct part of said project and to sell <br />the same to the Contractor upon mutually agreeable terms and conditions, subject <br />to the approval of appropriations for purpose by the Colorado General Assembly <br />and the governor of the State of Col a and <br />WHEREAS, pursuant to Senate 6 , i - Second General Assembly of the <br />State of Colorado, duly enacted V e General Assembly and approved by <br />the Governor of the State of Colo ado was appropriated to the State the <br />sum of One Million Dollars ($1,000, 0) r construction of part of the Project; <br />and <br />WHEREAS, the Contractor has a ailable from its own sources and from other <br />sources sufficient funds to construct the remainder of the project; <br />NOW THEREFORE, in consideration of the mutual and dependent covenants herein <br />contained, it is agreed by the parties as follows: <br />A. The Contractor agrees that it will: <br />1. Cause the construction of said project to be completed within two (2) <br />years of the date of this contract in accordance with the project plans and <br />specifications and any necessary modification thereof approved by the State. <br />No payment will be made under this contract until the project plans and specifi- <br />cations are approved by the State. The above mentioned time may be extended <br />by the State if such time is insufficient.because of acts of God or other acts <br />or circumstances beyond the control of the Contractor. <br />2. Convey or cause title to be conveyed by deed or other proper conveyance <br />to the State, the following portions of the proposed project fanilitia-- <br />(a) A five million gallon water tank with all appurtenances to be located <br />within 4.839 acres of land, as described in Appendix A. <br />(b) 4.839 acres of land as described in Appendix A. <br />3. Permit periodic inspection of construction by the authorized representa- <br />tives of the State during construction and permit the State to review and approve <br />or disapprove any contracts for the construction of the project or the performance <br />of work pursuant to such contracts or subcontracts. <br />4. Without expense to the State, manage, operate, and maintain the project <br />system continously in an efficient and economical manner, and assume all legal <br />'(See instructions on reverse of last page.) <br />Page 1 of 5 pages <br />