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<br /> <br />Duane Woodard <br />Attorney General <br />Charles B. Howe <br />Chief Deputy Attorney General <br />Richard H. Forman <br />Solicitor General <br /> <br /> <br />-5~ <br />~ <br /> <br />. <br /> <br />DEPARTMENT OF LAW <br /> <br />CWCS <br /> <br />JAN 7 1991 <br />STATE SERVICES BUILDING <br />1525 Sherman Street <br />Denver, Colorado 80203 <br />Phone 866-3611 & 866-3621 <br />FAX (3031866,5001 <br /> <br />Ull11' @ltntr of C!lolornllo <br /> <br />OFFICE OF THE ATTORNEY GENERAL <br /> <br />January 2, 1991 <br /> <br />Edward J. Krisor, Jr., Esq. <br />Shoemaker, Wham and Krisor <br />1666 South University Boulevard <br />Denver, CO 80210 <br /> <br />RE: Union Avenue Dam Modification Contract <br /> <br />Dear Ed: <br /> <br />Shortly after the last CWCB Board meetingr David Walker <br />instructed me to contract you and spell out the Board's problems' <br />with your clients proposed contract on this project. Due to the <br />press of business I was delayed in responding to you until now. <br /> <br />I will refer to the last draft your client sent to Frank Akers of <br />the CWCB staff. I realize most of that contract was based upon a <br />prior CWCB draft. Unfortunately no one from the AG's Office <br />reviewed that draft and it has numerous legal problems. <br /> <br />At the outset, ewCB would prefer not to be called the "owner" of <br />the Dam and dam modification. <br /> <br />5th through 9th WHEREAS: Totally omit these from the contract. <br /> <br />lOth WHEREAS: CWCB would like this paragraph changed to state <br />that "the State wants to fund the design and construction of <br />modifications to Unit No. 1 of the Union Avenue Dam Project, in <br />order to implement the recommendations of the USBR study referred <br />to above and attached as Exhibit 1 to this Contract." <br /> <br />Paragraph No.2: Replace the words "A boating chute" with <br />"modifications." <br /> <br />Paragraph No.3: Should be replaced with the following para- <br />graph. <br /> <br />In drafting the design subject of this contract, the con- <br />tractor shall use all calculations, data and information <br />used, assumed or predicted by the USBR hydraulic model <br />test. The contractor may, if necessary, modify any of the <br />calculations, data and information used by the USBR hydrau- <br />lic model test. Any such modification shall reflect the <br />experience the contractor's engineers have in this highly <br />