Arkansas - Round Mountain Water System Improvement Project_Contract Amend #1

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CONTRACT AMENDMENT Amendment #1 to Original Contract CLIN # Amendment CLIN # 09PDA00130 Contract C150403 07PDA0900106 1) PARTtES This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is entered into by and between Round Mountain Water & Sanitation District (hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the "State") acting by and through the Department of Natural Resources, Colorado Water Conservation Board, {hereinafter called the "DNR/CWCB"). 2) EFFfCTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"), but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be liable to pay or reimburse Contractor for any perFormance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Contract for/ the Water System Improvements Project. 4) CONSIDERATION Consideration for this Amendment consists of the payments to be made hereunder and the obligations, promises, and agreements herein set forth. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6} MODIFICATIONS. The Contract and all prior amendments thereto, if any, are modified as follows: a. Indemnification The following indemnification section is added to the contract as section ## 36: Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. b. Special Provisions The Special Provisions in the original contract are replaced by the Special Provisions in section 9, below. c. Paragraph 4.1 is amended to read as follows: "This contract shall be effective upon approval by the Colorado State Controller, or designee, (the "Effective Date") and extend through September 2, 2009. Performance of this contract shall commence as soon as practicable after the Effective Date and shall be undertaken and performed in the sequence and manner set forth in Exhibit A, "Scope of Work." 7) EFFECTIVE DATE OF AMENDMENT The effective date hereof is upon approval of the State Controller or their delegate. Page 1 of 4 Effective Date: 1/6/09