Colorado Water Resources & Power Development Authority Jan 2003

• Year: 2003
• Title: Board of Directors Meeting
• Author: Colorado Water Resoures & Power Development Authority
• Description: Board of Director Meeting Jan 24, 2003
• Publications - Doc Type: Other

/ C�
SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING
• SOURCE WATER ASSESSMENT AND PROTECTION PROGRAM SET -ASIDE
RFP No. SWP -SA -001
This Second Amendment to the Memorandum of Understanding ( "MOU ") is entered into as of January 24, 2003
by and among EnecoTech Inc. (the "Contractor ") and the Colorado Water Resources and Development Power
Authority (the "Authority ") and the Colorado Department of Public Health and Environment, Water Quality
Control Division (the "WQCD ") (each a "Party" and collectively the "Parties ") to set forth their agreement
concerning the Contractor's provision of services in connection with the Colorado Source Water Assessment and
Protection ( "SWAP ") Program.
1. RECITALS
1.1 A Memorandum of Understanding ( "MOU"), dated as of October 1, 2001, was entered by
Hydrosphere Resource Consultants (the "Former Contractor "), the Authority and the WQCD for the provision of
certain services by the Former Contractor in connection with (1) developing a Data Analysis Toolset to aid the
susceptibility analysis, (2) conducting susceptibility analyses and (3) generating source water assessment reports for
surface water -based public water systems, and ground water systems under the influence of surface water, as set
forth in the approved revised SWAP Work Plan utilizing SWAP set -aside funds.
1.2 An Assignment of MOU Rights and Termination of Subcontract ( "Assignment ") agreement, dated
June 14, 2002, was entered by the Former Contractor, the Contractor, the Authority and the WQCD allowing the
Former Contractor to assign, transfer and set over its future rights, title, obligations, and interest in and to the
• Memorandum of Understanding to the Contractor for the continued provision of certain services by the Contractor
in connection with (1) developing a Data Analysis Toolset to aid the susceptibility an (2) conducting
susceptibility analyses and (3) generating source water assessment reports for surface water -based public water
systems, and ground water systems under the influence of surface water.
1.3 As a result of the Assignment, the Parties determined that modifications to the original scope of
work and schedule were needed (First Amendment to.the Memorandum of Understanding) to enable the completion
of a quality Data Analysis Toolset, and quality susceptibility analyses and source water assessment reports for
surface water -based public water systems and ground water systems under the influence of surface water.
1.4 The amended scope of work detailed the preliminary design of the Toolset through the Preliminary
Design Review (PDR) task and also allowed for future work on the project to be re- scoped at the end of the PDR
task to the budget available to address the WQCD's highest priorities.
1.5 Accordingly, with the completion of the PDR task as determined by the WQCD, the Parties have
decided to enter into this Second Amendment to the Memorandum of Understanding to reflect the revised scope of
work and schedule.
1.6 The Contractor and WQCD have complied with any additional procurement requirements
necessitated by the revisions to the Memorandum of Understanding and scope of work.
2. AGREEMENT
2.1 Amended Scope of Work. The scope of work attached to the August 23, 2002 First Amendment
to the Memorandum of Understanding shall be and hereby is replaced by the Amended Scope of Work attached
. hereto as Exhibit A.
Second Amendment SA SWAP MOU -final 01/16/03 Page 1 of 13