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up to $200,000 from � CWCB Construction Fund to the C �RACTOR t0 share in the costs of consulting with the technical advisory committee, retaining one or more consuitants to conduct a feasibility investigation for the SruoY, and preparing a repo�t summarizing the investigation. S.B. 99- 173, Section 10 provides that the funds appropriated therein shail remain available for the designated purposes untii completion of the PRO�ECT. I. The CorvTRACTOR shall direct the performance of the Sru�Y with advice from the STaTE and from the Advisory Committee. J. The CONTR.4CTOR shall enter into a contract with a consultant, hereinafter referred to as the CONSULTANT, selected by the CONTRACTOR. K. The CorvTRACTOR and the STATE have approved a scope of work for the STU�Y tasks, including data collection and anafyses and preparation of task memoranda and the STU�Y report, all in accordance with the Scope of Services attached hereto as Exhibit A and incorporated herein. NOW THEREFORE, in consideration of the mutual and dependent covenants contained herein, the parties agree as foliows: 1. Study performance. The CONTRACTOR shail require the CONSULTANT to perform the 5�'UOY tasks in accordance with the attached Scope of Services. 2. Time of performance. The CorvTRacTOR recognizes that time is of the essence in the performance of its obligations under this contract and shall require the CONSULTANT to complete the STUDY within two (2) years from the date of this contract. The time for completion of theSTUDY may be extended subject to the approval of the STATE. The CONTRACTOR must provide in writing, documented justification for any request for extensibn sixty (60) days prior to the end of the period for completion. Within thirty (30) days following receipt of the CotvT�,CTOR's request, the State will provide to the CotvTRACTOR a letter of approval or denial of the request for extension of time for completion. 3. Disbursement Of Funds The STATE shall disburse funds to the CONTRACTOR to pay for the costs associated with preparing the STU�Y up to a maximum amount of $200,000 in the following manner. a. Statement Of Costs. During the preparation of the STUDY the CONTRACTOR shall prepare statements of the costs of the STUOY and shall forward such statements to the STaTE. Each statement shall indicate the tasks that have been performed and the percentage completion of each task by task number as specified in Appendix A. b. Payment Of Statements. Upon receipt and approval by the STATE of each such statement of costs, the STATE will, within 30 days from the approval of such statement, pay to the CoNTRACTOR the amount of the statement or such po�tion thereof as has been approved by the STATE. 4. Provision to STATE of Study results. The CONTRACTOR shall provide the STATE with full access to STUOY development, data, drafts and conclusions and with copies of the interim and final STU�Y reports. If necessary, the CoNTFtacTOR shall obtain copies of such STUOY materials from the CONSULTANT on behalf of the STATE. 5. Termination of contract for cause. If, through any cause the CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this contract Of If th2 CONTRACTOR V101at@S any of the covenants, agreements, or stipulations of this contract, the STATE shall thereupon have the right to terminate this contract for cause by giving written notice to theCoNTRa,CTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, the CONTRACTOR shall provide the STATE with copies of all finished STUDY development, data, drafts and conclusions prepared by the CoNTRACTOR or bY th@ CONSUI.TANT pursuant to this contract and/or to any contracts between the CorvT�qcTOR and the Cotvsu�TatvT Page 2 of 6