ALP 19

Permanent Operating Facility (ARRA Project No. 3.000)
Animas -La Plata Project — Colorado and New Mexico
Contract No. R10AV40R04
Addendum to Tribal contracting agreements to transfer funds pursuant to the
American Recovery and Reinvestment Act of 2009
The American Recovery and Reinvestment Act of 2009 (ARRA), P.L. 111 -5, requires the
Secretary to identify all projects to be conducted under the authority of Public Law 93-
638 and other relevant Tribal contracting authorities. Pursuant to Section 1610(b) of
ARRA, in each funding agreement that transfers ARRA funds to Tribes pursuant to self -
determination contracting authorities, the Secretary "shall incorporate provisions to
ensure that the agreement conforms with the provisions of this Act regarding the timing
for use of funds and transparency, oversight, reporting, and accountability, including
review by the Inspectors General, the Accountability and Transparency Board, and
Government Accountability Office, consistent with the objectives of this Act."
Pursuant to this Addendum, and in accordance with ARRA and the schedule and
conditions of this contract, including any associated documents, the Awarding Agency
will provide ARRA fiords to Recipient for the purpose of :
Design and construct a high performance and sustainable4 building to incorporate an
office to support five (5) employees, a conference room large enough to facilitate
community meetings of up to twenty -five (25) people, and a shop and storage facility of
approximately 3,500 square feet, of the approximate 6,000 square foot facility in
Durango, Colorado for the, Animas -La Plata Project, as follows:
The correlating fixed price and delivery schedule are as follow:
a. Commence design teaming arrangement in January 2010; design substantially
complete by — Estimated Design cost is $
b. Commence construction activities in 2010; complete project
construction by 2011— Estimated Construction cost is $
C. Commence cleaning, testing and commissioning in 2011; complete by
July 31, 2011— Estimated Testing and Commissioning cost is $
The Specifications, Performance and Line Item Schedules are attached hereto.
Notwithstanding anything in the Tribe's other agreements with the Awarding Agency,
including any Contract/Compact and Annual Funding Agreement/Funding Agreement,
the following terms and conditions shall apply to the use of any ARRA funds. By signing
this Addendum, both parties agree:
1. Definitions.
A. "Recipient," "Contractor," or "Tribe" means the Navajo Engineering and
Construction Authority, a federally - recognized Indian Tribe or Tribal
Organization, as defined at 25 U.S.C. 450b.
ARRA Tribal Contract Addendum
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