PROJC00452

• Contract/PO #: C153603
• Contractor Name: Erie, Town of
• Contract Type: Loan
• Water District: 6
• County: Weld
• Bill Number: SB 90-41
• Loan Projects - Doc Type: Contract Documents

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have caused the beginning of the project to be delayed as
described in a letter dated February 24, 1994 included as
Attachment B which is incorporated herein; and

WHEREAS, the State agrees with the justification for this
delay as stated in a letter dated March 4, 1994 included as
Attachment H which is incorporated herein; and

WHEREAS, the original project contract needs to be amended
and this amendment reflects increases in the engineering costs
for the project and said additional engineering costs have
increased the project costs by One Hundred Eighty-Four Thousand
Nine Hundred Eight-Two Dollars ($184,982); and

WHEREAS, paragraph l(b) of Chapter 426, Session Laws of
Colorado 19B1 authorized the Colorado Water Conservation Board to
fund the Erie Flood Control Project and to increase the initial
appropriation for this project "plus or minus such amounts, if
any, as may be justified by reason of ordinary fluctuations in
construction costs as indicated by the engineering cost indices
applicable to the types of construction involved for such
projects or as may be justified by reason of changes made in the
plans for a project if those changes are required by final
engineering drawings and specifications or by Federal or State
requirements"; and

WHEREAS, the construction cost indices have increased by
fifty-nine percent ( 59 %) since this project was authorized
under Chapter 426 of the Session Laws of Colorado 1981; and

WHEREAS, the total amount loaned by the State with said
increase in the cost indices represents forty-four percent (44%)
of the total cost of the project; and

WHEREAS, on January 20, 1994, the Colorado Water
Conservation Board approved an increase of $184,982 to be funded
from the CWCB Construction Fund; and

WHEREAS; pursuant to the authority in the Town's "Water
Enterprise Fund" the Borrower is authorized to contract for the
additional funds by a resolution duly adopted by its Town Board
of Trustees authorizing repayment of the loan to the State
according to the terms of this Contract; and

WHEREAS, the Town of Erie passed a resolution dated January
6, 1994, which adopts Ordinance 445 included as Attachment D
which is incorporated herein and sets forth the mechanism by
which repayment to the Colorado Water Conservation Board will be
made through the Town of Erie's "Public Works Fund"; and

NOW THEREFORE, it is hereby agreed as follows:

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