PROJ00440

• Contract/PO #: C153572
• Contractor Name: North Poudre Irrigation Company
• Contract Type: Loan
• Water District: 3
• County: Larimer
• Bill Number: HB 85-1042
• Loan Projects - Doc Type: Contract Documents

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$22,550.90 Additional

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lV'1ENDr.1ENT III
PROJECT
CONTRACT
and Promissor' Note
THIS CONTRACT. made this 1/ /4 day of
Slale of Colorado for the UM' and benefil uf toe IJepartme I of '1
(Colorado Water Conservation iloard),
hereinafter referred to as the Slate. and '2 -1:he North poudre Irriqation
P. O. J30x 100. Wellinqton. CO 80549,
hereinafter rderred to 3S the contractor /Contractor or Borrower.

195' L . by and between the
Natural Re!>QUrCe5

CO!npany,

WUEREAS. authority ('xists in the Law and Funds have been budgeted. appropriated and otherwise made
available and a sufficienl unencumbered balance thereof remains available for payment in Fund I\umber 4003 .
G/L Account Number 5416X. Contract Encumbrance Numbe~1535 7 2 : and
ARL Account No. ~~16~, Orq. enit ?7-77-~72,
WHEREAS. required appruv:d. dear:lIlce and coordination has been 3ccomplished from and with appropriate
agencies: nnd

WHEREAS, pursuant to the provisions of 37-60-119 and 37-60-
120, Colorado Revised statutes, the state is authorized to loan
money for the construction of water projects for the benefit of the
people of the state provided that the Contractor assures repayment
of that money; and

WHEREAS, the Contractor is a mutual ditch company in the state
of Colorado; and

WHEREAS, the parties entered into a project contract dated
February 27, 1990, Contract Encumbrance Number C-153572, Routing
Number 90349, hereinafter the 1I0riginal Contract"; and

WHEREAS, the Original Contract authorized the state to loan
Three Hundred Twenty Thousand Dollars ($320,000) to the Contractor
for the rehabilitation of the North Poudre Dam No.2, hereinafter
called the "project," which was fifty percent (50%) of the
estimated cost for the project; and

WHEREAS, unforeseen items of work were required during the
construction of the project; and

WHEREAS, this unforeseen work caused the cost of the project
to increase by Forty-One Thousand One Hundred One Dollars and
Eighty Cents ($41,101.80) over the estimated project budget; and

WHEREAS, the state may increase the Original Contract amount
by fifty percent (50%) of the unforeseen cost overrun of Twenty
Thousand Five Hundred Fifty Dollars and Ninety Cents ($20,550.90)
during construction of the project.

NOW THEREFORE, it is agreed that:

1. consideration for this amendment to the Original
contract consists of the payments which shall be made pursuant
to this amendment and the promises and agreements herein set
forth. This consideration shall constitute all final payments
due to t~e Contractor for the construction of the project.

2. This contract amendment is a supplement to the Original
Contract, attached hereto as Appendix A, which is by reference
incorporated herein and made a part hereof. All terms,
conditions and provisions of the Original contract, unless
specifically modified herein, shall apply to this contract
amendment as though they were expressly rewritten, incorporated,
and included herein.

3. The only modifications, alterations, or changes in the
Original contract shall be that Exhibit C shall be revised as
shown on Appendix B. and paragraphs B.13., 0.1., and J. shall be
revised to read as follows.

395-:5){)1-1m4

PagE'l o{L pa~es