South Platte - FarnersRes&IrrCo_Amend 1 C150428

• Basin Roundtable: South Platte
• Applicant: Farmers Reservoir & Irrigation Company
• Description: FRICO System
• Board Meeting Date: 7/22/2008
• Contract/PO #: C150428
• Alt Ag Water - Doc Type: Contract Documents

{
CONTRACT AMENDMENT
Amendment#1 to Original Contract CLIN # Amendment CMS #
C150428 09PDA00113 {
1) PARTIES
This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is
entered into by and between Farmers Reservoir& Irrigation Company (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"). i.
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
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enforceable thereafter in accordance with its provisions. The State shall not be liable to pay or
H 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/to the Development of Practical Alternative Agricultural
tWater Transfers Measures for Preservation of Colorado Irrigated Agriculture.
to 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##:
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.
j
b. Special Provisions
The Special Provisions in the original contract are replaced by the Special Provisions in section
9, below.
1.1
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 March 31,
2011. 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."
d. The schedule for the Scope of Work attached to the Original Contract as Exhibit A, is replaced
with the revised 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.
Page 1 of 4
Effective Date:1/6/09