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<br />WH~REAS. the Owner agreed to a schedule requiring the <br />necessary rights-of-way to be available to the contractor by a <br />date certain under the assumption that condemnation authority <br />waS available to the Tribe; and ~~ ~ ' <br /> <br />WHEREAS. the Tribe Was '_~. 1111 ~t_~l unable to acquire tne <br />project rights-of-way and the Owner had requested and recei~ed <br />condemnation authority from the General Assembly; however, <br />postponements of real property acquisition in the interim, when <br />the question of who would acquire the riqhts-of-way was in <br />dispute, resulted in unavoidable delays in the original <br />constrQction schedule; and <br /> <br />'WHeREAS. these time delays and alignment changes did cause <br />the Contractor to file a claim for additional compensation for <br />the construction Uf the Project; and <br /> <br />WHeREAS. the Owner and the Contractor did negotiate a <br />settlement of the Contractor's claim for an amount of One <br />Hundred Thirty Thousand Dollars ($130.000); and <br /> <br />WHeREAS. the payment of CQntractor's delay claim will drive <br />the COSt of the project over the $6.000.000 authorized <br />expenditure; and <br /> <br />WHEREAS. it is therefore necessary to increase the money <br />made available for 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 />consists of the payments which shall be made pursuant to this <br />amendment and the promises and agreements herein set forth. <br />The Contractor hereby agrees to execute the release agreement <br />attached hereto as Attachment B. which is by this reference <br />incorporated herein and made a part hereof. contemporaneously <br />with the execution of this Amendment #2. <br /> <br />2. This contract amendment is a supplement to the Original <br />Contract (Exhibit A) and the Amendment #1 Contract (Attachment <br />A). both of which are by this reference incorporated herein and <br />made a part hereof. All terms. conditions, and provisions Of <br />the Original Contract an~ of the Amendment #1 Contract. unless <br />specifically modified hetein. shall apply to this contract <br />amendment as though they were expressly rewritten. <br />incorpOrated. and includ~d herein. <br /> <br />3. The only modificatiohs. alterations. Ot changes in the <br />Original Contract documents shall be tnat paragraph 1.3 of <br />Section 01012. Contractotls Construction Schedule, and <br />paragraphs 3 and 5 of Article 3.1. and all of Article 4.1. ot <br />the Original Contract shall be revised to tead as follows: <br /> <br />SEC~ION 01012. CONTRACTOR'S CONSTRUCTION SCHEDULE <br /> <br />1.3 Owner recognizee that for Division II Work the <br />alignment between where the pipeline first enters <br />ColoradO State Highway 666 and it. beginning at the <br />Cortez water treatment plant nas not been definitely <br />established. and this could result in design change. <br />which justify changes in Contract Time. Therefore. in <br />order to establish a basis for Contractor to submit a <br />progress schedule. Contractor shall not schedule Work <br />on this part of the Project prior to December 31, <br />1988. If the final alignment is different from the <br />proposed alignment and results in construction <br />conditions which increase work time. as determined by <br />the Engineer. COntract time will be adjusted based Upon <br />similar duration requirements as shown by Contractor's <br />originally accepted Construction Progress Schedule. <br /> <br />Page ~ of ~ pages <br /> <br />~t <br />'~~ <br />~ <br /> <br />I~ <br />