PROJC01294

• Contract/PO #: C153793
• Contractor Name: Buffalo Mutual Irrigation Company
• Contract Type: Loan
• Water District: 67
• County: Prowers
• Bill Number: SB 97-008
• Loan Projects - Doc Type: Contract Documents

AGENCY NAME: Water Conservation Board
AGENCY NUMBER: PDA

ROUTING NUMBER: 99 PDA 000 S 1.---

CON T RAe TAM END MEN T No.2

THIS AMENDMENT, made this urn day of May 1999, by and
between the State of Colorado for the use and benefit of the Department of Natural
Resources, Colorado Water Conservation Board (CWCB), hereinafter referred to as the
STATE, and The Buffalo Mutual Irrigation Company, a Colorado nonprofit corporation, P.O.
Box 187, Holly, CO 81047, hereinafter referred to as the CONTRACTOR.

FACTUAL RECITALS

A. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise
made available and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 424, Appropriation Code L97, Contract Encumbrance Number
C153793;and

B. Required approval, clearance, and coordination has been accomplished from and with
appropriate agenCies; and

C. The STATE and the CONTRACTOR entered into a contract dated October 23, 1997,
Contract Encumbrance Number C153793, which contract was amended on June 11,
1998, both of which hereinafter are referred to as the ORIGINAL CONTRACT, as amended,
and are incorporated herein by reference, wherein the STATE agreed to loan money in
the total amount of $382,250 to finance the costs of a feasibility study on the
replacement of the CONTRACTOR'S diversion dam and headgate (said replacement
hereinafter referred to as the "PROJECT") and to finance the costs of the PROJECT, and
the CONTRACTOR agreed to repay the loan in accordance with the terms of the ORIGINAL
CONTRACT, as amended; and

D. During demolition of the existing diversion structure and site preparation for the new
structure's foundation, the CONTRACTOR discovered that it would be cost-prohibitive to
remove the existing structure due to its size and depth, and, consequently, the
CONTRACTOR must relocate the new structure 20 feet downstream of its original design
location. Because the relocation has resulted in additional engineering re-design costs,
additional time-delay costs, increased construction material quantities and costs, and
additional construction inspection costs, the CONTRACTOR requested an additional
$71,000 in loan funds to finance the increased costs.

E. 1997 Colo. Sess. Laws, Ch. 168, Section 1 (2) provides that the CWCB may increase
authorized loan amounts "as may be justified by reason of changes in the plans for a
project due to differing or unforeseen site conditions. . . or changes in material quantities
beyond contract limits." The CWCB staff has reviewed the CONTRACTOR'S request and
has concluded that the increased costs are due to differing and unforeseen site
conditions that have resulted in changes in material quantities beyond contract limits.

F. At its March 29-30,1999 meeting, the CWCB approved increasing this loan by $71,000.

Buffalo Mutual Irrigation Company

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Amendment No.2