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<br />d <br /> <br />Form 6.I\C..o2A I R 5/851 <br />'W/FRPB <br />Clark Lake Dam <br /> <br />CONTRALI ROllTlNl; NtlMBfR <br />QL1/C <br />Reduce Encumbrance <br />From: <br />To: <br /> <br />$ ,720.UO/ <br />416,221.99 <br />404,501.99 <br /> <br />UH',\ \:'NfOK A~fNCY .....V,\IBI:R <br />, 34-04-00' <br /> <br />AHENDMENT # 2 <br />PROJECT <br />CONTRACT <br /> <br />THIS CONTRACT. made' this /7 fA. day of {?.//..Ph7~_ 19-,7'.2.. bv and between the <br />Slate of Colorado for the use and bC'nefil of the Department of'l Natural Resources <br />(Colorado Water Conservation Boarrt), <br />hereinaher R'ft'rred to as the Slale. .md '2 The North poudre Irriqation Company, <br />P.O. Box 100, Wellington, CO 80549, <br />htordnafter rderred 10 as the conlractor /Contractor. <br /> <br />WHEREAS. authority exists in the- Law and Funds have be-en budgeted. appropriated and olhl."rwise m3de <br />8Yl1il..b1C' and a sufficient unencumbered balance there-of remains available for paymenl in Fund i"lumha 4 0 0 8 <br />Gll Aceounl Number 5417 X , (mUral'l Encumbrance Number 153496 : and <br />ABL Account No. !i!IQ, Org. Unit 11~11=117, <br />WHEREAS. re4uired appwv:oal. c1earanl,:e and conrdinalion ha~ been accomplished from and wuh :Jl'l'ropriale <br />agC'ncies: and <br /> <br />WHEREAS. a contract was entered into on July 31. 1987. <br />Contract Encumbrance Number C-153496 (The Original Contract), <br />between the State and the Contractor; and <br /> <br />WHEREAS. construction of the project WdS completed at a <br />cost less than the amount ellcumbered by the Original Contract; <br />and <br /> <br />WHEREAS, a contract amendment was entered i.nto on November <br />27, 1989, Contract Encumbrance Number C-153496 (hereinafter <br />refecred to as the Amendment #1 Contract). between the State <br />and the Contractor which reduced the Origillal Contract <br />J encumbrance by Seventy-Two Thousand Fifty-Eight Dollars and One <br />Cent ($72.058.01) to a final encumbrance amount of Four HUlldred <br />Sixteen 'fhousand Two Hundred Twenty-One Dollars and Ninety-Nine <br />Cents ($416.221.99); and <br /> <br />WHEREAS. in May. 1990. the Contractor made the first <br />payment in accordance with the Repayment Schedule shown on <br />Attachment B to the Amendment #1 Contract. which was computed <br />on an initial principal amount of Four Hundred Si.xteen Thousand <br />Two Hundred Twenty-One Dollars and Ninety-Nine Cents <br />($416.221.99); and <br /> <br />WHEREAS, a subsequent audit of the Contractor's records <br />raised the question of whether the initial principal amount of <br />Four Hundred Sixteen Thousand Two Hundred Twenty-One Dollars <br />and Ninety-Nine Cents ($416.221.99) was correct; and <br /> <br />WHEREAS. further examination of the State's records shows <br />that due to a mathematical error in the amount of Eleven <br />Thousand Seven Hundred Twenty Dollars ($11.720) on the State's <br />part the principal amount in the Amendm~nt #1 Contract should <br />have been Four Hundred Four Thousand Five Hundred One Dollars <br />and Ninety-Nine Cents <$404.501.99). <br /> <br />NOW THEREFORE, it is hereby agreed that: <br /> <br />1. Consideration for this amendment to the Origl11al <br />Contract. Contract Encumbrance Number C-lS3496. Contract <br />Routing Number 88005. dated July 31. 1987, arld to the <br />Amendment #l Contract, Contract ~ncumbrance Number C-lS3496. <br />Corltract Routing Number 90242, dated November 27. 1989, <br />consists of the payments which shall be made pursuant to ttlis <br />amendment and the promises and agreements herein set forth. <br /> <br />2. This contract amendment is a supplemeIlt to the Original <br />Contract and to the Amendment #1 Contract, COllectively <br />attached hereto as Appendix A. which is by this reference <br />incorporated alld made a part hereof; and all tile terms, <br />conditions. and provisions ttlereof. unless specifically <br />modified herein. are to apply to this contract amendment as <br />though they were expressly rewritten. incorporated, and <br />included herein. <br /> <br />:J9H:J01-1014 <br /> <br />Page I of 2- pages <br /> <br />3521E"" <br />