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<br />.,J .'~' .~.1'-L-'I..J' <br /> <br />NJPB <br />TcMaoc <br /> <br />DE:P _. OR AGENCr NUMBER <br />34-04-00 <br />DEPI'. RCXJTING NUMBER ^ \\ GtJ <br />11 I'ilL9++,'50 9Ji.1..Io . .tp (~I>> f> - <br />$169,591.S0 Additional <br />Total Encumbrance~lIP~- fil' <br />$4,929,529,501)'V' <br />.4,0,1.,619,'50 <br /> <br />THIS AGRREMENT made this ~ day of ~..ct~ <br />199-h' by and between the STATE OF COI,ORADO for the use and <br />beneei t of the DEPARTMf:NT OF' NATURAL RESOUHCES and the COLORADO <br />WA'I'F.R CONSk:HVATION BOA-RD. 1313 Sherman Str.eet. Denver. Colorado <br />80203 (hereinafter called Owner), and the UTE MOUNTAIN UTE <br />TRIBE (the TRIBf;) acting by and through the WRr;MINUCHE <br />CONSTIWC1'l0N AUTHORITY for the use and benefit of the TRIBE, <br />P.O. Box AA. Towaoc. Colorado 81334 (hereinafter called <br />CONTRACTOR) , <br /> <br />AMENDMENT #3 <br />PRO,!EC1' AGRERMENT <br /> <br />- <br /> <br />WHEREAS. authority exists in the T..aw and Funds have been <br />budgeted. appropriated and otherwise made available anrl a <br />sufficient unencumbered balance thereof remains available for <br />payment in Fund Number 4008. G/L Account Number ....li.l32X . <br />Contract Encumbrance Number C153528, ABL Account No. 13220 <br />Or.g. Unit 77-77-777; and <br /> <br />WHRRRAS. r.equtred approval. clearance. anrl coordi.nation has <br />been accompli~hed from and with appropriate agencies; and <br /> <br />WHERP.:AS. the Towaoc Pipeline Project has been cer.t1.fied by <br />Morrison-Knudsen Engineers. Inc.. as having been completed in <br />compliance with the project plans and specifications all to the <br />satisfaction of the Ute Mountain Ute Tribe: and <br /> <br />WHEREAS. the Owner and the Contractor entered into a <br />contract dated September 19. 1988. Contract Brlcumbrance Number <br />C-l53528. routing Humber 89150 (hp.reinafter. the "Original <br />Contract"); and <br /> <br />WHBREAS, the Original Contract was amended by a contract <br />entered into on May 23. 1989. Contract Rncumbrance Number <br />C-153528 (the "Amendment #1 Contractll). routing number 89531, <br />between the Owner and the Contractor: and <br /> <br />WHEREAS. the Original Contract was further amended by a <br />contract entered into on May ~3. 1990. Contract Rncumbrance <br />Number C-153528 (the "Amendment tt2 ContractU), routi.ng number <br />90525. between the Owner and the Contractor; and <br /> <br />WHEREAS. paragraph 4.1 of the Amendment #2 Contract <br />pr.ovides that the cost of this pr.oject ~hall not exceerl Thr.ee <br />Mill ion F.ight Hundred Fifty Thousand Nine Hundred Thirty-Five <br />Dollars ($3,850,93S) without benefit of change or.ders or a <br />supplemental contract; and <br /> <br />WHEREAS. several change or.ders inVOlving additional monies <br />and time were r.equired during the construction of this project <br />to correct unforeseen problems. to determine final quantities <br />of materials, to accommodate the Ute Mountain Ute Tr.ibels <br />request to replace the existing water distribution system in <br />the Mancos Creek area near Colorado State Highway 666 in lieu <br />of the one-million-gallon storage tank that was to have been <br />constructed in Towaoc. and to fulfill the Statels Obligation to <br />construct a domestic water distribution system; and <br /> <br />WHP.H~AS. the above construction changes have been recorded <br />on the final construction drawings for the Project; and <br /> <br />WHRRRAS. payment of these change orders has driven the cost <br />of the project further over the Six-Million-Dollar ($6,000,000) <br />authorized expenditure; and <br /> <br />3522B* <br /> <br />Page 1 of 5 pages <br />