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WHEREAS, the parties desire to amend the Contract to allow for the installation and operation <br /> of Fleetzoom . <br /> NOW, THEREFORE, in consideration of these premises, and other good and valuable <br /> consideration, the receipt and sufficiency of which are hereby acknowledged, the parties <br /> hereto, intending to be legally bound, covenant and agree to amend the Contract as follows : <br /> 1 . The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the <br /> following: <br /> RAIN FLAP REMOVAL PROJECT, The Contractor shall undertake and complete the Rain <br /> Flap Removal project at the landfill which is the removal of a temporary liner feature <br /> originally installed within Segment 3 Cell 1 to minimize the generation of leachate from <br /> rain water. The Contractor is authorized to use the services of American Environmental <br /> Group, Ltd . (AEG ) as a subcontractor on the project based on being the most cost <br /> effective and qualified vendor to perform the work. The Contractor will coordinate the <br /> project with the project engineer, Geosyntec, regarding their Construction Quality <br /> Assurance ( CQA) monitoring services for this project . <br /> Rain Flap Removal Prosect : <br /> 1 . Mobilization/Demobilization <br /> 2 . Liquid Dewatering/Pumping ( if needed ) <br /> 3 . Rain Flap Removal <br /> 4 . Materials <br /> FLEETZOOM . The Contractor shall install Fleetzoom at the Landfill, and shall be <br /> responsible for all subsequent operation, maintenance, repair or replacement of <br /> Fleetzoom during the term of the Contract. All costs related to the installation, <br /> operation and maintenance of Fleetzoom shall be borne by the Contractor. The <br /> Contractor further agrees to indemnify the District for any damage to the GCCS that is <br /> caused directly or indirectly by Fleetzoom during the term of the Contract. The <br /> Contractor may, at any time during the term of the Contract and at its sole discretion, <br /> remove or uninstall Fleetzoom, and may choose to replace it with a different monitoring <br /> system . Upon the expiration or termination of the Contract, the Contractor shall, at its <br /> sole discretion, (a ) uninstall and remove Fleetzoom or ( b ) sell Fleetzoom to the District <br /> (or if the District has contracted with a third party to maintain and operate the landfill <br /> GCCS, sell Fleetzoom to such third parry) at a mutually-agreed upon price. Upon the <br /> happening of either of the contingencies listed above, the Contractor' s responsibilities <br /> ( including but not limited to its responsibility to indemnify the District) related to <br /> Fleetzoom shall terminate, and in the case of subsection ( b), the District or the third <br /> party, as the case may be, shall assume all costs and responsibilities for the operation <br /> and maintenance, repair or replacement of Fleetzoom . Contractor shall not be <br />