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PROJ00233
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PROJ00233
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Last modified
11/19/2009 11:43:12 AM
Creation date
10/5/2006 11:44:53 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C153528
Contractor Name
Ute Mountain Ute Tribe
Water District
0
County
Montezuma
Bill Number
XB 99-999
Loan Projects - Doc Type
Contract Documents
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<br />NOPB <br />Towaoe <br /> <br />APPENDIX A <br />AMENDMENT #2 <br /> <br />- - - - -~ <br />DEI TMENT ROUTING NUMBER <br />90-'>'..:/5' <br />$130.000 <br />.A/cz. 9 tL <;-':2.// <br /> <br />PROJECT AGREEMENT <br /> <br />THIS AGREEMENT made this 2~"..6Iay of ~~ ' <br />199~. by and between the STATE OF COLORADO (0 the use and <br />benefit of the DEPARTMENT OF NATURAL RESOURCES and the COLORADO <br />WATER CONSERVATION BOARD, 1313 Sherman Street, Denver. Colorado <br />80203 (hereinafter called Owner), and the UTE MOUNTAIN UTE <br />TRIBE (the TRIBE) acting by and through the WEEMINUCHE <br />CONSTRUCTION AUTHORITY for the use and benefit of the TRIBE, <br />P.O. Box AA, Towaoc, Colorado 81334 (hereinafter called <br />CONTRACTOR) . <br /> <br />WHEREAS. authority exists in the Law and Funds have been <br />budgeted. appropriated and otherwise made available and a <br />sufficient unencumbered balance thereof remains available for <br />payment in Fund Number 4008, G/L Account Number 5322X, <br />Contract Encumbrance Number C153528, ABL Account No. 13220 <br />Org. Unit 77-77-777: and <br /> <br />WHEREAS, required approval, clearance and coordination has <br />been accomplished from and with appropriate agencies: and <br /> <br />WHEREAS, the Owner and the Contractor entered in a contract <br />dated September 19. 1988, contract encumbrance number C-153528 <br />(hereinafter the "Original Contract"); and <br /> <br />WHEREAS. the Original Contract was amended by a contract <br />entered into on May 23. 1989, Contract Encumbrance Number <br />C-153528 (the "Amendment III Contract"), between the Owner and <br />the Contractor; and <br /> <br />WHEREAS, contract documents provided that "Contractor will <br />be provided the final alignment by December 31, 1988": and <br /> <br />WHEREAS, construction of the Towaoc Pipeline Project <br />("Project") will take longer than was originally anticipated <br />due to numerous alignment changes required by individual <br />property owners as a condition of granting the necessary <br />easements for said construction: and <br /> <br />.. <br /> <br />WHEREAS. it was not possible to provide the final alignment <br />by December 31. 1988, due to delays in negotiations for said <br />easements: and <br /> <br />WHEREAS!. "all required alignment changes for the Project <br />have been recorded on the final construction drawings: and <br /> <br />WHEREAS, Section 1 of Chapter 230, Session Laws of <br />Colorado, 1986, provides that: "The Colorado water <br />conservation board may make loans. grants. or loans and grants <br />for the construction of each project specified in subsection <br />(1) of this section [includes the Towaoc Pipeline at an Owner <br />cost of $6.000,0001 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 '(1) of this section plus <br />or minus such amounts. if any, as may be justified by reason of <br />ordinary fluctuations in construction costs as indicated by the <br />engineering 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 />APPENDIX A <br /> <br />2051E* <br /> <br />Page ~ of ~ pages <br />
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