PROJ00336

• Contract/PO #: C153510
• 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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NOPB
Towaoe

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UEPARTMl:Nr OR AGJ:NCV ,"'IU.'>tBE/l:
-~ 34-04-00

ADDENDUM
AMENDMENT #4

2238

$ 42,700

LAND ACQUISITION
CONTRACT

250,000 Total Encumbrance

THIS CONTRACT. mad. ,his If A day of r&/'/~ 19' fa. by and b"w..n Ih.
f. ~ f'l Natural Resources
State of Colorl'do for the U!ie and henefit 0 IMe ~par(menl 0
(Colorado Water Conservatlon Board),
d '2 Morrison-Knudsen Engineers, Inc.,
hereinafter rt'ferred to 3!O the Slale. an . CA 94105 -
180 Howard St., San FranC1SCO, 1
hereinllher referred to as the con(raclor IContI'actor.

WHEREAS. authorily exislS in the law and Funds have been budgered. appropriated and otherwise made
available a"d a suffrcienl unencumbered b<tl:mcC' thereof remllins 3".ailable for pay men I in Fund Number 3.Q.O..R...-.
G/L Account Number 5322X, Conlracl Encumbr.ancC' N.um~rL~/f~'>lo: and
ABL Account No. 13222, Org. Un~t 77-77-777,
WHEREAS. r~~uircd arpruval. dearllnce llnd coordination has been accomplished rrom and with approptiafe
.agencies: liInd
WHEREAS, the State and the Contractor entered into a
contract dated April 25. 1988. Contract Encumbrance Number
C-153510 (hereinafter referred to as the "Original Contractl');
and

WHEREAS. the State and the Contractor entered into a
contract amendment dated January 6. 1989 (hereinafter referred
to as the "Amended Contract tn 11); and

WHEREAS. the State and the Contractor entered into a
contract amendment dated May 9. 1989 (hereinafter referred to
as the llAmended Contract *211); and.

WHEREAS, the State and the the Contractor entered into a
contract amendment dated December 29. 1989 (hereinafter
referred to as the Amended Contract #3); and

WHEREAS, Section 1 of Chapter 230. Session Laws of
Colorado, 1986. provides that: "The Colorado water
conservation board may make loans, grants. or loans and grants
for the construction of each project specified in subsection
(1) Of this section [includes the Towaoc Pipeline at an Owner
cost of Six Million Dollars ($6.000.000)) from such moneys as
are or may hereafter become available to the Colorado water
conservation board construction fund. such loans. grants, or
loans and grants to be in the amounts listed in subsection (1)
of this section plus or minus such amounts. if any, as may be
justified by reason of ordinary fluctuations in construction
costs as indicated by the engineering cost indices applicable
to the types of construction involved for such projects or as
may be justified by reason of changes made in the plans for a
project if those changes are requited by final engineering
drawings and specifications or by federal or state
requirementslI; and

WHEREAS. it is a State requirement that upon completion of
the Towaoc pipeline project, all right. title and interest in
and to the pipeline shall be conveyed by the State to the Ute
Mountain Ute Tribe; and

WHEREAS. the above requirement caused several of the land'
owners to become more wary in the right-of-way negotiations
which caused a delay in the final negotiations; and

WHEREAS, in addition to the above. during the right-of-way
acquisition. process several changes in alignment were required
by the owners Which delayed the agreement on consideration for
these parcels. and

WHEREAS, it now appears that the cost of eac~of these land
acquisitions has been negotiated., but the long ti e frame to
accomplish this has increased the Contractor1s co ts on this
contract for engineering and attorney's fees; and

395-5)()1-1014

Pa5!e I o(2-pages
ADDENDUM

3269E*