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<br />~ <br /> <br />WHEREAS. tUe payment of these additional sums will cause <br />the total cost of the project to exceed the Six-Million-Dollar <br />($6.000.000) o~iginal authorization on this project: and <br /> <br />WHEREAS. it is therefore necessary to increase the money <br />made available for the completion of this aspect of the project. <br /> <br />NOW THEREFORE. it is hereby agreed as follows: <br /> <br />1. Consideration for this amendment to the Original <br />Contract. Contract Encumbrance Number C-153510, Contract <br />Routing Number 88412. dated April 25. 1988. consists of the <br />promises and agreements herein set forth. <br /> <br />2. This contract amendment is a supplement to the Original <br />Contract. to the Amended Contract #1. to the Amended Contract <br />~2. and to the Amended Contract ~3. all shown as Supplement A. <br />which is by this reference incorporated and made a part hereof; <br />and all the terms. conditions. and provisions thereof. unless <br />specifically modified herein are to apply to this contract <br />amendment as though they were expressly rewritten. incorporated. <br />and ineluded herein. <br /> <br />3. The onlY modifications. alterations. or changes in the <br />Original Contract shall be as follows: <br /> <br />a. Paragraph 9 of the Original Contract. as amended by <br />Paragraph 2 of the Amended Contract ~2 (Contract <br />Encumbrance Number C-153510. Routing Number 89495) <br />shall be further amended as follows: <br /> <br />9. The total fees and costs payable by the State to the <br />Contractor tor performance of this contract. including work <br />subcontracted for. shall not exceed Two Hundred Fifty <br />Thousand Dollars ($250.000). not more than one Hundred <br />Thirty-Five Thousand Dollars ($135.000) of which shall be <br />for subcontractors. These estimates are based upon the <br />best judgment of the State and the Contractor for the <br />State's budgeting purposes and shall not be exceeded except <br />by supplemental agreement as provided in paragraph 10. It <br />is anticipated that these amounts will be sufficient to pay <br />for all necessary project work. These amounts are based <br />upon costs of services estimated to be necessary for the <br />acquisition of certain rights-of-way across 26 parcels of <br />private land and along 18 miles of pUblic road as set forth <br />in Column B of Supplement B. which is attached hereto and <br />by the reference made a part hereof. including the <br />contractor IS professional services required to accomplish <br />the project using those certain rights-ot-way. However. it <br />may be necessary to acquire different rights-of-way and/or <br />to increase the extent of contractor preliminary <br />engineering required to perform the project. In the event <br />of such changes. it is recognized that the amount of <br />contractor compensation and the total contract price may <br />need to be increased by written supplement as provide in <br />paragraph 10. If the Contractor reasonably estimates and <br />substantiates to the satisfaction of the State that such <br />changes are necessary, and that the feeS and costs required <br />for the acquisition of rights-of-way. including <br />professional services to accomplish the project. will <br />exceed the total contract amount above. then the Contractor <br />shall promptlY advise the State of these changes in <br />writing. The State. in its sole discretion and after <br />consultation with the Contractor. may then either <br />supplement tnis contract as provided in paragraph 10. to <br />increase the total contract amount to complete the project <br />or may autho!ize the Contractor in writing to reduce the <br />scope of services so as not to exceed the stated contract <br />amount. Subject to the terms of this contract. the <br />Contractor will be compensated at the rates set forth in <br /> <br />Page ~ of i pages <br />