Colorado Water Resources & Power Development Authority Jan 2003

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2.2 Amended Compensation. Under the provisions of the October 1, 2001 Memorandum of Understanding, total compensation was not to exceed $375,000. Total compensation to the Former Contractor under_ the provisions of the October 1, 2001 Memorandum of Understanding, prior to the Assignment, was $55,046. With this Second Amendment to the Memorandum of Understanding, the Contractor shall be compensated for its services and project - related expenses hereunder in an amount not to exceed $177,183, of which $687 will be for unpaid accrued retainage carried forward from the Pre - Assignment phase of the project, $119,336 will be for work (less unpaid retainage to Analytic Solutions.com) completed in the Assignment -PDR phase of the project, $35,077 will be for the remaining agreed upon project work, as set forth in the amended Budget attached hereto as Exhibit B, and $22,083 will be held in contingency to be used at the sole discretion of the WQCD. The WQCD agrees to assume all obligations for payment to the former subcontractor, Analytic Solutions, of unpaid accrued retainage under the SWAP set -aside that is due to Analytic Solutions for work completed by Analytic Solutions while under subcontract to Hydrosphere Resource Consultants, Inc. ($1,936) and EnecoTech Inc. ($4,858) during previous phases of the project. Billing and payment shall be accomplished per the provisions of the October. 1, 2001 Memorandum of Understanding, with the exception of the provisions for payment of accrued retsina ,e (Section 2.2.4 of the October 1, 2001 Memorandum of Understanding), which will be amended as follows. 2.2.4 The Contractor will be allowed to submit a request for release of all project - related accrued retainage under the SWAP set -aside either at the completion of the second milestone under Work Package V (Complete and Distribute Assessment Reports for Surface Water Systems) or upon reaching " August 17, 2003, whichever event occurs first. Completion of all surface water related work (marked by the second milestone under Work Package B') and release of accrued retainage under the SWAP set -aside must occur prior to the statutory deadline (August 17, 2003) for expending these set -aside funds. Once either the second milestone under Work Package `B' has been completed and delivered, per the anticipated deliverable date as noted in the Schedule of Activities and Timeline for Completion in Exhibit C and acceptance of the deliverable has been received from the WQCD, or the August 17, 2003 deadline has been reached, the Contractor will be allowed to submit a request to the WQCD for release of all project - related • accrued retainage under the SWAP set -aside stemming from that milestone work - product. At the time that the request is made, the WQCD will approve payment to the Contractor of accrued retainage associated with the completed deliverables and work products, contingent upon their acceptance by the WQCD. Upon receipt of this request, the WQCD shall provide a written statement to the Authority within ten (10) business days of receipt of Contractor's request that (1) sets forth the retained sum due to the Contractor and (2) certifies (a) that the sum due is- correct, (b) that the sum to be paid is proper compensation for eligible activities under the SWAP Work Plan and (c) that the total funds expended do not exceed the Budget. Within twenty (20) days of receipt of the foregoing documents, the Authority shall remit the retainage due to the Contractor. 2.3 Amended Time of Performance. The Contractor's services hereunder shall commence as soon as possible or as allowed by the amended Scope of Work attached hereto as Exhibit A after the effective date of this amended MOU, which shall be the date upon which all parties have executed this document. All services related to surface water based public water systems and public water systems using ground water under the influence of surface water shall be completed by August 17, 2003. 2.4 MOU Change Order Process The WQCD may increase or decrease the amount payable under this MOU through the issuance of a "MOU Change Order Letter." Any increase or decrease in the agreed to scope of work that could result in a corresponding increase or decrease in the amount payable under this MOU will be mutually negotiated between the WQCD and the Contractor and documented in the letter. To be effective, the MOU Change Order Letter must be: approved and signed by the WQCD and the Contractor prior to the Contractor implementing the modified scope of work. The Contractor will not be compensated for any "out -of- scope" work without prior approval from the WQCD. Upon proper execution and approval, the MOU Change Order Letter shall become an amendment to this • MOU. It is expressly understood and agreed to by the Parties that the MOU change order letter process may be used only for changes to the scope of work, budget and schedule as allowed by the existing project contingency funds and Second Amendment SA SWAP MOU -final 01/16/03 Page 2 of 13