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<br />F"rm 11-,\('.02,\ <br /> <br />/"0-)) un <br />UEPA .'NT { R AGENCY NUMBER <br />-04-00 <br /> <br /> <br />$1,132,250 <br /> <br />CONTRACT <br /> <br />TBIS CONTRACT, m:ldc this 1st day of December 1982, by lmd between the <br />State of Colorado for the use and benefit of the Department of'1 Natural Resources <br />(Colorado Water Conservation Board). <br />hereinafter rt"fcrred to as the State, and"2 the Town of Wellinqton. <br />P. O. Box 127. Wellinoton. Colorado 80549. <br />hcreinafler referred to as the contractor, <br /> <br />WHEREAS, authurity exists in the law and Funds have been budgeted, appropriated and otherwise made <br />ayailable and a sufficient unencumbered balance thereof remains a~le for 9~yment in Fund Number 4008 <br />G/l Account Number.5..l.5A.X.., Contract Encumbrance Number .~~::? ~nd <br />ABL Account Number 13540, Org. Unit 77-77-777, <br />WHEREAS, n"tluired approval, clearance and courdination has been accomplished from and with appropriate <br />agcncie~; :lI1d <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 Town in the State of Colorado <br />and wishes to improve its present water supply system, <br />hereinafter called the project, for the citizens of the Town of <br />Wellington in Larimer County, Colorado, at an estimated cost of <br />Two Million Two Hundred Eighty Thousand Dollars ($2,280,000); <br />and <br /> <br />WHEREAS, a feasibility investigation of said project was <br />conducted and it was fou"d 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 Million One Hundred Forty <br />Thousand Dollars ($1,140,000) 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 specif ications 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 />3. Require all Subcontractors to indemnify the State and <br />the Contractor against all liability and loss, and against all <br />claims and actions based upon or arising out of damage or <br />inj ury, including death, to persons or property caused by or <br />395.53.01.C010 <br /> <br />Page I of -1- pages <br />*(Scc instmctionson reve's~oflasl page.) <br /> <br />102 <br />t/w <br />