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<br />Form 6.AC.02A
<br />
<br />iJ~j /02-0
<br />DEPA ENT OR GENCY NUMBER
<br />3,-04-00
<br />CONTRACT ROUTING NUMBER
<br />1.<;:--', ,
<br />$100,000 Additional
<br />CONTRACT AMENDMENT ,"> :G-</t:.f:h.< tl-.l.Q, ~
<br />
<br />THIS CONTRACT, made this 1st day of March 1985 'by and belween the
<br />Stale of Colorado for lhe use and benefit of lne Department of '1 Natural Resources
<br />(Colorado Water Conservation Board),
<br />hereinafter referred to as the State, and '2 the City of Manl tou Spr lngs ,
<br />606 Manitou Avenue, Manitou Spr~ngs, CO 80~29,
<br />herdn3frer referred to as the corllractor.
<br />
<br />WHEREAS. authority exists in the law and Fuods have been budgeted, appropriated and otherwise made
<br />available and a sufficient uneocXmhered balance lhereof remains 3vailable for payment in Fund Number 4008 ,
<br />G/l Account Number 5310 . Contract Encumbrance N4mber 5153397~.;md
<br />ABL Account Number 13100, Org. Vnlt I -II-III,
<br />.WHEREAS. r;;'4uired appr~val. clearance and coordi~ation has been accomplished from and with appropriate
<br />agencies; and
<br />
<br />WHEREAS, the State and the Contractor did on October 1,
<br />1982, enter into a contract for State participation in the
<br />improvement of the water supply system of the Contractor for
<br />the benefit of its citizens; and
<br />
<br />WHEREAS, the Contractor had to pay for its share
<br />Eighty-Nine Thousand Five Hundred Eighty-Eighty Dollars
<br />($89,588) in addition to the originally estimated amount of One
<br />Million Dollars ($1,000,000) cost-share, because the
<br />construction bid received was above the engineers' estimate;
<br />and
<br />
<br />WHEREAS, Senate Bill 67 (1980 Session), which authorized
<br />the project, also provided that the authorized amount of One
<br />Million Dollars ($1,000,000) could be increased or decreased by
<br />II... such amounts, if any, as may be justified by reason of
<br />ordinary fluctuations in construction costs as indicated by
<br />engineering cost indices applicable to the types of
<br />cOJjstruction involved for such projects .... II; and
<br />
<br />i/aEREAS, the Board staff has verified that the cost
<br />indices for this project have increased from the time that the
<br />project was authorized to the time the project was bid by at
<br />least ten percent (10~) of the total project cost; and
<br />
<br />WHEREAS, the Contractor had made its first payment to the
<br />Board oefore the project was completed and extra revenues could
<br />not be collected from its citizens; and
<br />
<br />WHEREAS, the Contractor has cash-flow problems and may be
<br />unable to meet its financial obligations and make its second
<br />payment of Fifty Thousand Five Hundred Twenty Dollars ($50,520)
<br />on October 1, 1985, as required by that certain contract of
<br />October 1, 1982, signed by the State and the Contractor and
<br />attached hereto as Exhibit A.
<br />
<br />NOW THeREFORE, in consideration of the mutual and
<br />dependent covenants herein contained, it is agreed by the
<br />parties hereto as follows:
<br />
<br />1. The terms and provisions of paragraph A12, C1 and I of
<br />that certain contract dated October 1, 1982, attached hereto as
<br />Exhibit A and incorporated herein by reference, shall no longer
<br />be effective. All other terms and provisions of that certain
<br />contract dated October 1, 1982, shall remain in full force and
<br />effect.
<br />
<br />2. The State agrees to amend paragraphs A12, Cl and I to
<br />read as follows:
<br />
<br />A.12. Purchase from the State all of the State's
<br />right, title, and interest in said project
<br />
<br />395-5~1014
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