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

"

~~

v--
,

"

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

WHEREAS. it now appears that the cost of each of these land
acquisitions has been negotiated. but the long time frame to'
accomplish this has increased the Contractor's costs on this
contract for engineering and attorney's fees; and

)

WHEREAS. the payment of these ~dditional sums will eause
the total cost of the project to exceed the Six-Million-Dollar
($6.000.000) original authorization on this project: and

WHEREAS. it is therefore necessary for a final increase in
the amount of money made available for the completion of this
aspect of the project. '

Now Therefore. it is hereby agreed as follows:

1. Consideration fOr this amendment to the Original
contract. Contract Encumbrance Number C-l~3510. Contract
Routing Number 88412. dated April 25. 1988. consists ot the
promises and agreements:herein set forth.

2. This contract amendment is a supplement to the Original
contract. to the Amended Contract *1. to the Amended Contract
*2. to the Amended Contract *3. to the Amended Contract *4. and
to the Amended Contract *5. all shown as Article A. which is by
this reference incorporated and made a patt hereof; and all the
terms. conditions. and provisions thereof. unless'specifieally
modified herein are to apply to this contract amendment as
though they were expressly rewritten. incorporated. and
included herein.

3. The only modifications. alterations. or changes in the
Original Contract shall,be as follows:

a. Paragraph 9 of the Original Contract. as amended by
Paragraph 2 of the Amended Contraet *2 (Contract
Encumbrance Number C-1535l0. Routing Number '89(95). and
as furtller amended by Paragraphs 3a and 3b of the
Amended Contract *4 (Contract Encumbrance Numbet
C-1535l0. Routing Number 912(7) shall be further
amended as follows:

9. The total fees and costs payable by the State to the
Contractor for performance of this contract. inClUding work
subcontracted for. shall not exceed TwO Hundred Sixty-Five
Thousand Dollars ($265,000). not more than One Hundred
Forty-Five Thousand ,Dollars ($145.000) of which sha11 be
for subcontractors. ' The parties to this contract
understand that such total amount of Two Hundred Sixty-Five
Thousand Dollars ($265.000) is the full and final amount to
be appropriated and:paid under this contract. These
amounts 'are based upon coats of services estimated to be
necessary for the acquisition of certain rights-of-way
across 26 parcels of private land and along 18 miles of
public road as set forth in Column B ot Article B. which is
attached hereto and by the reference made a part hereof.
inClUding the contraotor'S prOfessional services ~~quired
to accomplish the project using those oertain '
rights-of-way. The ,parties contemplate that when this
entire amount has been charged. even if this occurs before
March 31, 1991. the State may take over oompletion of the
unfinished rights-of-way acquisition and no more money will
be appropriated under this contract. In anticipation of
this happening. the Contractor shall make every effort to
facilitate an expeditious and efficient transition SO that
the State may complete the rights-of-waY acquisition in a

Page ~ of ~ pages