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<br />, <br />, <br /> <br />" <br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: ~ <br /> <br />Contract Amendment No.1 <br /> <br />This Amendment, made this 1m day of J"ANUAR'I 2cm, by and <br />between the State of Colorado for the use and benefit af the Department of Natural <br />Resources, Colorado Water Conservation Board, hereinafter referred to as the CWCB or <br />STATE, and Leroux Creek Water Users' Association, 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 <br />otherwise made available and a sufficient unencumbered balance thereof remains <br />available for payment in Fund Number 424, Appropriation Code L99, Contract <br />Encumbrance Number C15000S.... . <br /> <br />B. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br /> <br />C. The STATE and the CONTRACTOR entered into a contract July 14, 1999, Contract <br />Encumbrance Number C15000S, hereinafter referred to as ORIGINAL CONTRACT, <br />incorporated herein by reference, wherein the STATE agreed to loan money in the total <br />amount of $1,250,000, and the CONTRACTOR agreed to repay the loan in accordance <br />with the terms of the ORIGINAL CONTRACT. <br /> <br />D. The STATE has reviewed the situation and is satisfied that due to unforeseen <br />construction site conditions that resulted in increased construction costs, the Project <br />cost estimate has increased from $1 ,3S9,000 to $1,60S,925. To meet the increased <br />costs, the Contractor requested an additional $200,000, for a total loan amount of <br />. $1,450,000, which may be used to finance up to 90% of the total PROJECT cost. <br /> <br />E. SB99-173 SECTION 1 (2) provides that the CWCB may increase authorized loan <br />amounts "as may be justified by reason of ordinary fluctuations in construction costs <br />as indicated by engineering cost indices applicable to the types of construction <br />required for each project or as may be justified by reasons of changes in the plans for <br />a project due to differing or unforeseen site conditions. . . or changes instituted by <br />regulatory agencies or changes in material quantities beyond contract limits." The <br />CWCB staff reviewed the CONTRACTOR'S request and concluded that the increased <br />costs are due to differing and unforeseen site conditions and changes instituted by the <br />.3late Enginf:fc; At its November 22-23, 1999 meeting, tr':;; ONCB approveG <br />increasing this loan by $200,000, for a total loan arr.oc;nt of $1,450,000, which may <br />be used to finance up to 90% of the total PROJECT cost. <br /> <br />Leroux Creek Water Users' Association <br /> <br />Page 1 of 3 <br /> <br />Contract Amendment No.1 <br />