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<br />/ <br /> <br />---- <br /> <br />------- <br /> <br />WHEREAS. the Tribe could void the Agreement. by the terms <br />thereof. if the State failed to construct the Project by <br />Dece~ber. 1988: and <br /> <br />WHEREAS. voiding of the Agreement WOQld be highly <br />detrimental to the welfare of the State and its citizens; and <br /> <br />WHEREAS. the Contractor has previously been retained by ,the <br />State in accordance with the provisjons Of section 24-30-1401. <br />~ ~.. CRS. to provide professional engineering services for <br />the study. design, and supervision of construction of the <br />Project; and <br /> <br />WHEREAS. the Contractor is therefore well acquainted with <br />and knowledgeable about the Project and the requirements for <br />project lands; and <br /> <br />WHEREAS. it is highly desirable. bec.use of the need to be <br />sensitive to the special status of the T~ibe in law and <br />tradition. to utilize local subcontr,acto.ts for some o"f the <br />services to be performed; and <br /> <br />WHEREAS. the Contractor will be required to procure certain <br />subcontractors with such competition as is practicable; and <br /> <br />WHEREAS. time is of the essence in O~taining the needed <br />services so that the Project can be completed on time; and <br /> <br />WHEREAS. the director of the CWCB ha~ determined. based <br />upon the above cited circumstances. that there exists a threat <br />to pUblic health. welfare. or safety und~r "emergency conditions <br />and there 'exists special circumstances wl1ich justify entering <br />into this contract pursuant to section 2~-103-206. CRS. and the <br />associated regulations without" the solicitation of competitive <br />sealed bids or competitive sealed propos4ls; and <br /> <br />WHEREAS. the only way at this time in which the State can <br />meet its Obligations under the Agreement is by utilizing the <br />authority of section 23-103-206. CRS. anq associated <br />regulations in order to award this contrqct; and <br /> <br />WHEREAS. the State desires to have the Contractor identify. <br />appraise. negotiate for. and acquire. an~ perform any other <br />tasKS necessary to" obtain. the project 14nds: and <br /> <br />WHEREAS. the Contractor has previousiy been selected to <br />perform professional services in accorda~ce with the provisions <br />of section 24-30-1401. II gg,.. CRS.' and has executed the <br />certificate attached hereto as Exhibit A. the provisions of <br />which are incorporated herein by referen~e. pursuant to the <br />reguirements of section 24-30-1401. et ~.. CRS. <br /> <br />NOW ,THEREFORE. IT IS AGREED THAT: <br /> <br />1. The Contractor. acting both as a consultant providing <br />professional services and as the State's special agent <br />with the limited authority provi~ed herein. shall <br />perform or cause to be "performed the work described in <br />the IIScope of Services II (EXhibit B). which is by this <br />reference incorporated and made il "part hereof. The <br />'Contractor shall work under the Qirection of. and <br />subject to the approval of. _the State. The Contractor <br />shall be responsible for the satiSfactory completion of <br />all work described in Exhibit B. <br /> <br />2. In performing the worK for which Exhibit B calls. it is <br />unders'tood and agreed that the Contractor shall <br />subcontract with: <br /> <br />Page ~ of 10 Pages <br />