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<br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br /> <br />ROUTING NUMBER: 97 PDA t:' / [.!'iC: <br /> <br />CONTRACT AMENDMENT #1 <br /> <br />THIS AMENDMENT, made this J?J!!2 day of April 1997, by and between the State of Colorado <br />for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board <br />(CWCB), hereinafter referred to as the STATE, and Beaver Park Water, Inc., hereinafter referred to as the <br />CONTRACTOR. <br /> <br />FACTUAL. RECITALS <br /> <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise made available <br />and a sufficient unencumbered balance thereof remains available for payment in Fund Number 424, <br />Appropriation Code 500, Contract Encumbrance Number C153742A; and <br /> <br />S, Required approval, clearance, and coordination has been accomplished from and with appropriate <br />agencies; and <br /> <br />C. The STATE and the CONTRACTOR entered into a contract dated November 12, 1996, Contract <br />Encumbrance Number C153742, hereinafter referred to as ORIGINAL CONTRACT, incorporated herein by <br />reference, wherein the STATE agreed to loan T110ney in the total amount of $750,000 to finance the <br />costs of rehabilitation of the Brush Hollow Dam ("PROJECT"), and the CONTRACTOR agreed to repay the <br />loan in accordance with the terms of the ORIGINAL CONTRACT; and <br /> <br />D. In the process of cleaning sediment from the Dam's outlet pipe, the CONTRACTOR discovered that <br />portions of the Pipe were corroded and buckled, reducing the capacity of the pipe, The CONTRACTOR'S <br />engineer has revised the PROJECT design plan!! to include removing the buckled pipe and installing a <br />new pipe liner that will provide the capacity needed for safe operation of the reservoir. The <br />CONTRACTOR has requested an additional $225,000 in loan funds to finance the costs of the change in <br />design plans. <br /> <br />E. 1994 Colo. Sess. Laws, Ch. 265, Section 1 (2) provides that the CWCS may increase authorized loan <br />amounts "as may be justified by reason of changes in the plan for a project if those changes are <br />required by final engineering drawings and specifications",," The CWeB has reviewed the <br />CONTRACTOR'S request and is satisfied that the condition of the outlet pipe COnstitutes an unforeseen <br />change in field conditions necessitating revisions to the engineering drawings, At its January 29-30, <br />1997 meeting, the CWCB approved increasing this loan by $225,000. <br /> <br />., <br />., <br />,. <br /> <br />F. The STATE and the CONTRACTOR have agreed to amend this contract to increase the amount of the <br />loan by $225,000 to a total of $975,000. <br /> <br />tl <br /> <br />NOW THEREFORE, the parties hereby agree that <br /> <br />" <br />, <br />!;! <br /> <br />1, Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments which sf'Jal! be <br />made pursuant to this Amendment and ORIGINAL CONTRACT and the promises and agreements herein <br /> <br />;t' <br />~: <br /> <br />^___..l.................t #-1 <br />