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<br /> DEPARTMENT OR AGENCY NAME
<br /> Water Conservation Board
<br /> 103113.111‘
<br /> DEPARTMENT OR AGENCY NUMBER
<br /> PDA
<br /> ROUTING NUMBER q504/,5
<br /> CONTRACT AMENDMENT #1
<br /> THIS AMENDMENT, made this 1 3 day of i DOM l 1995, by and between the State of Colorado
<br /> for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board (CWCB),
<br /> hereinafter referred to as the STATE, and LOLOFF LATERAL DITCH COMPANY, 24205 WCR 57, Kersey, Colorado
<br /> -- 80644, hereinafter referred to as the CONTRACTOR.
<br /> RECITALS
<br /> 1. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise made available and
<br /> a sufficient unencumbered balance thereof remains available for payment in Fund Number 424, Appropriation Code
<br /> 438, Contract Encumbrance Number C153656; and
<br /> 2. Required approval, clearance, and coordination has been accomplished from and with appropriate agencies;
<br /> and
<br /> 3. The STATE and the CONTRACTOR entered into a contract dated November 23, 1993, Contract Routing Number
<br /> 940287, Contract Encumbrance Number C153656, hereinafter referred to as ORIGINAL CONTRACT, wherein the STATE
<br /> agreed to loan money in the total amount of $71,500 to the CONTRACTOR to be used for replacing a water delivery
<br /> pipeline, and the CONTRACTOR agreed to repay the loan in accordance with the terms of the ORIGINAL CONTRACT; and
<br /> 4. As a result of an increase of $24,076 in the price of the pipe since the original engineer's estimate two years
<br /> ago, the CONTRACTOR has requested an increase in the loan amount to cover a portion of that increased cost. The
<br /> CONTRACTOR'S request is attached hereto as Appendix A; and
<br /> 5. The STATE has reviewed the CONTRACTOR'S request, has received confirmation of the price increase from the
<br /> Soil Conservation Service (attached hereto as Appendix 8), and has determined that the CONTRACTOR'S request meets
<br /> the statutory requirements for increases in contract loan amounts. Therefore the STATE agrees that the contract loan
<br /> amount should be increased by $12,000 from $71,500 to $83,500 in accordance with Chapter 254, 1993 Colorado
<br /> Session Laws, Section 1, Paragraph 2, which states that the loan amount may be adjusted "plus or minus such
<br /> amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by the
<br /> engineering cost indices applicable to the types of construction involved for such projects..."
<br /> NOW THEREFORE, it is hereby agreed that
<br /> 1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments which shall be made
<br /> pursuant to this Amendment and ORIGINAL CONTRACT, and the promises and agreements herein set forth.
<br /> 2. It is expressly agreed by the parties that this Amendment is supplemental to the ORIGINAL CONTRACT which
<br /> is by this reference, incorporated and made a part hereof, and identified as Appendix C, and all terms, conditions, and
<br /> provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly
<br /> rewritten, incorporated, and included herein.
<br /> 3. It is agreed by the parties the ORIGINAL CONTRACT is and shall be modified, altered, and changed in the
<br /> following respects only:
<br /> LOLOFF LATERAL DITCH COMPANY Page 1 of 3 CONTRACT AMENDMENT #1
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