C150227 contract docs

• Contract/PO #: C150227
• Contractor Name: South Platte Ditch Company
• Contract Type: Grant
• Loan Projects - Doc Type: Contract Documents

CONTRACT AMENDMENT
Amendment #1 Ori inal Contract #C150227 Amendment CMS# 1�-1371
1) PARTIES
This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is
entered into by and between South Platte Ditch Co, 13244 County Road 6, Merino, CO 80741
(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,
1313 Sherman ST #721, Denver, CO 80203, (hereinafter called the "CWCB").
2) EFFECTIVE 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 to conduct a demonstration project to evaluate the effectiveness
of electronic radio technology flow measurement and ditch operation control equipment. Due to the
difficulty of working with this new technology, Contractor incurred unforeseen delays in implementing
the project and requests an extension of the time for performance.
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 16:
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. Time for Performance of the Contract is extended to June 30, 2012.
d. The Scope of Work, attached to the Original Contract as Appendix B, is supplemented with the
Revised Project Schedule, attached hereto as Exhibit 1 and incorporated herein.
7) EFFECTIVE DATE OF AMENDMENT
The effective date hereof is upon approval of the State Controller or their delegate, or April 1, 2010,
whichever is later.
Page 1 of 4
Effective Date: 1/6/09