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<br />002042 <br /> <br />Date: February 12,2003 <br /> <br />Resolution Number: 2003-20 <br /> <br />RESOLUTION OF THE UTE MOUNTAIN UTE TRIBAL COUNCIL <br />REFERENCE: AUTHORIZATION FOR THE ANIMAS - LA PLATA COMMITTEE <br />AND THE VICE CHAIRMAN TO NEGOTIATE, FINALIZE, AND SIGN THE P.L. 93- <br />638 DURANGO PUMPING PLANT STAGE 1 CONSTRUCTION CONTRACT WITH <br />THE BUREAU OF RECLAMATION <br /> <br />WHEREAS, the Constitution and Bylaws of the Ute Mountain Ute Tribe, approved June 6, 1940 <br />and subsequently amended, provides in Article ill that the governing body of the Ute Mountain <br />Ute Tribe (''Tribe'') is the Ute Mountain Ute Tribal Council ("Tribal Council") and sets forth in <br />Article IV the powers of the Tribal Council exercised in this Resolution; <br /> <br />WHEREAS, the Tribal Council, in coordination with the Southern Ute Indian Tribe, is <br />implementing a large variety of tasks under Public Law 93-638 ("638 tasks") relating to the <br />design and construction of the ALP Project; <br /> <br />WHEREAS, the Tribe will be entering into several separate construction contracts, the first of <br />which was to build the Inlet Conduit Sleeve; the second to perform the Outlet Works Excavation; <br /> <br />( <br /> <br />WHEREAS, the other construction contracts to be approved by the Tribe are for the foundation <br />and excavation of the pumping plant, the construction ofthe pumping plant, the construction of <br />the conduit, the construction of the dam, the construction of the outlet works and tunnel, and the <br />borrow area processing; <br /> <br />WHEREAS, the Tribe, under P.L. 93,638, is at the same time implementing a variety of non- <br />construction tasks including but not limited to cultural resources, various environmental and <br />regulatory activities, design and construction management consulting, project lands management, <br />and a variety of other tasks; <br /> <br />WHEREAS, P.L 93-638 policies and law are to increase the Tribe's economic sufficiency and <br />the Tribe is in the process of securing reimbursement of its initial planning requirements, its <br />mobilization costs with respect to cultural resources matters, its mobilization and pre-award costs <br />associated with developing a variety of construction contracts, its cost to expand its in,house <br />budgeting and management skills, and, separate from implementing these P.L. 93,638 <br />reimbursement policies the Tribe, acting through its construction entity - Weeminuche <br />Construction Authority - will secure a construction profit commensurate with Project tasks and <br />risks under P.L. 93-638 guidelines; <br /> <br />WHEREAS, the Construction Contract for the Durango Pumping Plant Stage I is not yet <br />completed but, in order for the Animas - La Plata Project to stay on schedule, must be completed <br />and signed on or about February 26,2003; <br /> <br />Page 1 0[2 <br />Resolution Number 2002-20 <br />