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, . . CONTRACTOR: LA PLATA WATER CONSERVANCY DISTRICT Contract No. C150094 Contract Amount $445,000 Agency Name: Water Conservation Board ~~~~~~ ~~~~~r PD~ PDA tYJf)! / CONTRACT , THIS CONTRACT, made this July 1 , 2002, by and between the State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board, hereinafter referred to as the CWCB and/or STATE, and La Plata Water Conservancy District, 841 East 2nd Avenue, Durango, Colorado 81301 hereinafter referred to as the CONTRACTOR. FACTUAL RECITALS 1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment as follows: Fund Number 424, Organization YYYY, Appropriation Code LHR, GBL L094, Program WTRC, Object Code 5120, Contract Encumbrance No. C150094 2. Required approval, clearance, and coordination have been accomplished from and with appropriate agencies. 3. CWCB's authority for making this nonreimbursable expenditure: Section 37-60- 121 (1)(b)(IV), C.R.S., authorizes the CWCS to make nonreimbursable expenditures from the CWCB Construction Fund with specific authorization from the General Assembly. 4. The Project Summary, attached as Appendix 1 and incorporated herein, contains Contractor Information (Section 1) and Project Description (Section 2). 5. Board approval and legislative approval, if required a. At its November 2001 meeting, the CWCB approved an amount up to $445,000 to conduct a feasibility study to evaluate construction of the Long Hollow Reservoir, enlargement of the Red Mesa Ward Reservoir, and any associated design work (PROJECT). b. Pursuant to Bill HB02-1152, Section 10, the Colorado General Assembly authorized CWCB to allocate to the CONTRACTOR an amount up to $445,000 for the PROJECT or so much thereof as may be necessary to refinance the PROJECT wholly or partially completed. NOW THEREFORE, in consideration of the mutual and dependent covenants contained herein, the parties agree as follows: A. Performance of PROJECT. The CONTRACTOR shall perform the PROJECT in accordance with the Scope of Services attached as Appendix 2 and incorporated herein B. Time of performance. The CONTRACTOR recognizes that time is of the essence in the performance of its obligations under this contract. Therefore, the CONTRACTOR shall be responsible for the completion of the tasks listed in the PROJECT Scope of Services within the time specified in Section 3 (Time of Performance) of the Project Summary. C. Disbursement of funds. The CWCB shall disburse funds in accordance with Page 1 of 4