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<br />WHRHEAS. Section 1 of Chapter 230, Session Laws of <br />Colorado. 1986, provides that: liThe Colorado water <br />conservation board may make loans. grants. or loans and graIlts <br />for the construction of each project specified in subsection <br />(1) of this section [i.ncludes the Towaoc Pipeli.ne at an Owner <br />cost of $6,OOO.000J from such moneys as are or may hereafter <br />become available to the Colorado water conservation board <br />construction fund. such loans. grants. or loans and grants to <br />be in the amounts listed in subsection (I) of this section plus <br />or minus such amoun"ts. if any. as may be justified by reason of <br />ordinary fluctuations in construction costs as indicated by the <br />engincAr'ing cost indices applicable to the types of <br />construction involved for such projects or as may be justified <br />by reason of changes made in the plans for a project if those <br />changes are required by final engineering drawings and <br />specifications or by federal or state requirements"; and <br /> <br />WHERRAS. it is ther~f.ore necessary to increase the money <br />made available tor construction of the project and to increase <br />the time for completion of the project. <br /> <br />NOW THEREFORE. it is agreed that: <br /> <br />1. Consideration for this amendment to the Original Contract <br />and to the Amendment #2 Contract consists of the payments Which <br />shall be made pursuant to this ~mendment and the promises and <br />agreements herein set forth. This consideration shall <br />constitute all rinal paymeIlts due to the Contractor for the <br />construction of the project. The Ute Mountain Ute Tribe hereby <br />agrees that the project has been completed to its satisfaction <br />and in compliance with the project plans and specifications. <br /> <br />2. Ttlls contract amendment is a supplement to the Original <br />Contract. the Amendment II Contract. and the Amendment 12 <br />Contract. collectively attached hereto as Appendix A. all of <br />which is by this reference incorporated herein and made a part <br />hereof. All terms. conditions. and provi.sions of the Or.iginal <br />Contract, the Amendment #1 Contract. and the Amendment #2 <br />Contract. unless specifically modified herein, shall apply to <br />this contract amendment as though they were expressly <br />rewritten. incorporated, and included herein. <br /> <br />3. The only modifications. alterations, or changes in the <br />Original Contract as ~mended by the Amendment #1 and #2 <br />Contracts shall be that paragraphs 3. 4. and 5 of Article 3.1 <br />and all of Artlclp. 4.1 shall be revised to read as follows: <br /> <br />Article 3. CONTRACT TtME <br /> <br />3.1. <br /> <br />Division II Work consists of construction of the main <br />pipeline water line from the City of Cortez water treatment <br />plant to the point of entering the State Highway 666 south <br />of Cortez. Division II WORK will be initiated upon the <br />re~Hipt of an Interim Notice to Proceed. Division II WORK <br />shall substantially be complel:8d within 500 days from <br />completion of Division I work and upon receipt of the <br />Interim Notice to Proceed. <br /> <br />Division III work corlsists of the municipal improvements <br />within the Town of Towoac and in the Mancos Creek ~r.ea. <br />Division III work shall be substantially completed within <br />400 days trom the date ot receipt ot the tnterim Notice to <br />Pro{:eed. <br /> <br />The entire Project will be completed and ready for final <br />paym~rJt. i.n accordance with paragraph 14.13. of the General <br />Conditions, within 680 days from the date when the Contract <br /> <br />Page 2 of 5 pages <br />