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<br />WHEREAS. the TRIBE has entered into a contract with the <br />CWCB by which the TRIBE agrees to assign to the CWCB. in the <br />event the approved settlement is not consummated for any <br />reason. one-half (1/2) but not to exceed Six Million Dollars <br />($6.000.000). of any damages which the TRIBE may obtain in <br />litigation against the United States; and <br /> <br />WHEREAS. the definitions of terms used in this Contract are <br />contained in the General Conditions portion of the Contract <br />Documents. as provided in article 8 hereof; and <br /> <br />WHEREAS, the entire Agreement between OWner and Contractor <br />is comprised of "Contract Docurnents.~ as defined in article B <br />hereof. part of which is .this Contract. <br /> <br />NOW THEREFORE. OWNER AND CONTRACTOR. in consideration of <br />the mutual covenants hereinafter set forth. agree as follows: <br /> <br />Article 1. WORK <br /> <br />CONTRACTOR shall complete all WORK as specified or <br />indicated in the Contract Documents ("tbe WORK"). The WORK <br />under the Contract Documents may be the whole or only a part of <br />"the PROJECT." In addition to work necessary to complete the <br />Project, the WORK as specified or indicated in the Contract <br />Documents also includes but is not necessarily limited to the <br />furniShing by CONTRACTOR of all permanent equipment and <br />materials to accomplish. the project. except. as otherwise .,-. <br />specified herein. <br /> <br />The Project will involve the construction of a water- supply <br />pipeline of approximately 23 miles__in~ length. to serve the Town <br />of Towaoc (TOWAOC) on the Ute Mountain Ute Reservation in <br />southwestern Colorado. In addition. improvements are to be <br />made to the water distribution system within the Town of <br />Towaoc. The Project is located entirely in Montezuma County. <br />Colorado. The general location of the Project is shown on <br />DraWing No. l. <br /> <br />,The pipeline will convey ~ter by gravity from the city of <br />Cortez water treatment plan, located about four miles northeast <br />of Cortez. to the Town of Towaoe which is approximately 16 <br />miles southwest of Cortez. Included in the municipal <br />improvements will be the construction of a new 500.000 gallon <br />capacity storage tank. plUS ancillary appurtenances necessary <br />~for the overall operation of the Town of Towaoc's municipal <br />distribution system. - <br /> <br />Article 2. ENGINEER <br /> <br />The Project has been designed by MORRISON-KNUDSEN <br />ENGINEERS. INC.. 1120 Lincoln Street. Suite 1200. Denver. <br />Colorado 80203. who is hereinafter called ENGINEER and who will <br />act as OWNER's representative. ENGINEER will assume all duties <br />and responsibilities and have the rights and authority assigned <br />to ENGINEER in the Contract Documents. and in connection with <br />completion of the WORK in accordance with the Contract <br />Documents. <br /> <br />Article 3, CONTRACT TIME <br /> <br />3.1. The WORK will be considered divided-into three <br />principal divisions for purposes of establishing time periOds <br />as more specifically described in "SUMMARY OF WORKII. Each <br />division of the WORK will be initiated by the CONTRACTOR upon <br />receipt of the Notice to Proceed from the OWNER. <br /> <br />Division r Work consists of the construction of the main <br />water line pipeline .from the point of entering 'the State <br />Highway 6~6 right-of-way south of Cortez.to the existing Towaoc <br /> <br />Page ~ of ~ Pages <br />