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Fnrm 6.AC.02A $ 985,000 CONTRACT THIS CONTRACT, made this----...!..2..tl.:Lday of_f?~..Etember State of Colorado for tbe use and benefit of the Department of "1 N:'lrnr:'ll 19 J3..Q by and between the RI">~nllY'{,l">q (('nlnY'Ailn ~""or f'nnQArUAt-inn ROArill hereinafter referred to as the State, and "2; HI-I"> Wi'ltl">r rnnl":pn1Anr:y nil'ltrir.t- P 0 Rnx ann r....::""A lnn.....t-inn ('nl.....r;::onn s:ll t:lOl hereinafter referred to as the 'contractor, WHEREAS, authority exi~ in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencum'~red balance thereof remains available for &ayment in Fund Number AnnA G/L Account Number~l117 ,Conhact Encumbrance NumberC./<.ot)"":g:3.;lr and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate il!:\cncil's; lll1d WHEREAS. "3 pursuant to the prov~s~ons of 37-60-119, Colorado Revised Stat- utes 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 Water Conservancy District in the state of Colo- rado and wishes to undertake construction of a water tank and main pipeline here- inafter called the project for the members of the Ute Water Conservancy District in Mesa County, Colorado, at an estimated cost of about Thirteen Million Dollars ($13,000,000); 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 part of said project and to sell the same to the Contractor upon mutually agreeable terms and conditions, subject to the approval of appropriations for that purpose by the Colorado General Assembly and the Governor of the State of Colorado; and WHEREAS, pursuant to Senate Bill No. 67, Fifty-Second General Assembly of the State of Colorado, duly enacted by the Colorado General Assembly and approved by the Governor of the State of COlorado, there was appropriated to the State the sum of One Million Dollars ($1,000,000) for construction of part of the Project; and WHEREAS, the Contractor has available from its own sources and from other sources sufficient funds to construct the remainder of the project; NOW THEREFORE, in consideration of the mutual and dependent covenants herein contained, it is agreed by the parties as follows: A" The Contractor agrees that it will: 1. Cause the construction of said proje~t to be completed within two (2) years of the date of this contract in accordance with the project plans and specifications and any necessary modification thereof approved by the state. No payment will be made under this contract until the project plans and specifi- cations are approved by the State. The" above mentioned 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. 2. Conveyor cause title to be conveyed by deed or other proper conveyance to the State, the following portions of the proposed project fac:i.litie5: (a) A five million gallon water tank with all appurtenances to be located within 4.839 acres of land, as described in Appendix A. (b) 4.839 acres of land as described in Appendix A. 3. Permit periodic inspection of construction by the authorized representa- tives of the State during construction and permit the State to review and approve or disapprove any contracts for the construction of the project or the performance of work pursuant to such contracts or subcontracts. 4. system without expense to the State, manage, operate, and maintain the project continously in an efficient and econ~mical manner, and assume all legal .(See instructions on reverse of last page.) Page -1- of ~ pages !