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<br />January 1. 1988. as required by paragraph 2. of the First <br />Amendment. and agreed to extend the time within which the <br />Contractor could provide the final report; and <br /> <br />WHEREAS. the State and the Contractor failed to properly <br />implement this verbal agreement to extend the time by written <br />amendment prior to the January 1. 1988. date. and as a result <br />the Contractor is in breach of the First Amendment: and <br /> <br />WHEREAS. additional work needs to be done by the Consultant <br />to achieve the desired evaluations and analyses and the <br />development of alternatives made necessary by the reviews and <br />public meetings. These new alternatives will be the main part <br />of the proposed feasibility report. Additional compensation <br />over and above that required in the Original Contract and the <br />First Amendment will be paid for this additional work. The <br />additional compensation is estimated to be Seventy-One Thousand <br />Dollars ($71.000); and <br /> <br />WHEREAS. additional time will be needed by the Consultant <br />to complete the additional work and to submit a final report; <br />and <br /> <br />WHEREAS. on January 28. 1988. the State acted by approving <br />a ColoradO Water Conservation Board staff recommendation to <br />authorize a contract amendment providing for an extension of <br />time to perform additional work: and <br /> <br />WHEREAS. the State and the Contractor desire to agree on <br />the additional work to be done and additional payment <br />therefore. and on the additional time needed to perform the <br />work. <br /> <br />NOW. THEREFORE. it is hereby agreed that: <br /> <br />1. This Second Amendment is a supplemental to the Original <br />Contract (Attachment A to Appendix A) and the First Amendment <br />(Appendix A). which are hereby attached and by this reference <br />incorporated and made a part hereof; and all the terms. <br />conditions. and provisions thereof shall remain in effect. <br />unless specifically modified herein, and are to apply to this <br />contract amendment as though they were expressly rewritten. <br />incorporated. and included hereino <br /> <br />2. The date of January 1. 1988, in paragraph 2. of the <br />First Amendment shall be deleted and a new date of December 31. <br />1989. shall be inserted as the amended date for the submission <br />of the fifteen (15) copies of the final report. <br /> <br />3. The language in paragraph 3. of the Original Contract <br />and in paragraph 3. of the First Amendment shall be deleted and <br />the following language shall be inserted: <br /> <br />3. As compensation for the services of the Contractor. <br />the State agrees to pay the Contractor for the basic <br />services set forth in Exhibit A of the Original <br />Contract and Appendix B of this Second Amendment. which <br />is hereby attached and incorporated herein. the <br />lump-sum fee of One Hundred Forty-Three Thousand <br />Dollars ($143.000) for both Phase 1 and Phase 2 of the <br />study. This One Hundred Forty-Three Thousand Dollars <br />($143.000) is the maximum amount to be paid by the <br />State under this contract without benefit of a written <br />supplemental agreement. <br /> <br />B. The State shall make prompt monthly payments in <br />response to the Contractor's monthly statements. <br />upon approval of the statements by the State. <br />However. ten percent (10\) of the monthly <br /> <br />Page ~ of i pages <br />