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<br />Form 6-AC-02A <br /> <br />lc <br />[j RTMENT OR AG CY NUM R <br />34-04-00 <br />CONTRACT R<!JJTING NUMBER <br /><630 <br />$119,500 <br /> <br />CONTRACT <br /> <br />THIS CONTRACT, made this 1st day of September 1982, by and between the <br />State of Colorado for the use and benefit oftne Department of '1 Natural Resources <br />~r~lnr~n~ W~rpr Conserygtion Board) . <br />hereinafter referred to as the State, and '2 the Kern Reservoir and Ditch Company I <br />POBox 7nn Windsor, Colorado 80550. <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 />",Babl, and a suffici,nt un,ncumb,red balance thereof remains t('r~ fo, ~aym'nt in Fund Numb" 400 B <br />G/L Account Number 534 3X, Contract Encumbrance Numbe ~~ and <br />ABL Account Number 13430, Org. Unit 77- - ~ <br />WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate <br />agencies; :md <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 reservoir and ditch company <br />in the State of Colorado and wishes to repair and improve its <br />existing structures, hereinafter called the project, for the <br />company shareholders in Weld County, Colorado, at an estimated <br />cost of Two Hundred Forty Thousand Dollars ($240,000); 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 mutually agreeable <br />terms and conditions, subject to the availability of funding <br />for that purpose; and <br /> <br />WHEREAS, pursuant to Senate Bill No. 439, Fifty-Third <br />General Assembly of the State of Colorado, duly enacted into <br />law, the Colorado Water Conservation Board has been authorized <br />to expend a sum not to exceed One Hundred Twenty-Three Thousand <br />Dollars ($123,000) 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 approv~ by the S.tate. The State must <br />approve, in writing, all subcontracts be1fore they become <br />effective. The above-mentiq~ed 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 />103 <br />kern <br /> <br />395-53.o1-COlO <br /> <br />Page I of-l pages <br />-(See inslruclions on rcve'~ of l;asl page.) <br />