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• <br /> STATE OF COLORADO <br /> OFFICE OF THE STATE ARCHITECT <br /> STATE BUILDINGS PROGRAMS <br /> CONSULTANT AGREEMENT <br /> (STATE FORM SC-5.3) <br /> Agency I.D. Number: PDA Contract ID No.: C154199 Project No. CMS# <br /> 1. PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, <br /> acting by and through the Colorado Department of Natural Resources Colorado Water <br /> Conservation Board, hereinafter referred to as the Principal Representative, and Aquacraft Inc. <br /> having its offices at 2709 Pine St., Boulder CO, 80302, hereinafter referred to as the Consultant. <br /> 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or <br /> enforceable until it is approved and signed by the State Controller or its designee (hereinafter <br /> called the "Effective Date"), but shall be effective and enforceable thereafter in accordance with its <br /> provisions. The State shall not be liable to pay or reimburse Consultant for any performance <br /> hereunder or be bound by any provision hereof prior to the Effective Date. <br /> WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and <br /> otherwise made available, and a sufficient unencumbered balance thereof remains available for <br /> payment in Fund Number 424, Account Number SEV, Agreement Encumbrance Number <br /> C154199; and <br /> WHEREAS, required approval, clearance and coordination has been accomplished from and with <br /> appropriate agencies; and <br /> WHEREAS, the Principal Representative intends to develop a sample municipal water•efficiencv <br /> plan for the CWCB. <br /> hereinafter called the Project; and <br /> WHEREAS, the Consultant was selected and determined to be the most qualified, and fees <br /> negotiated in accordance with the provisions of Section 24-30-1401, C.R.S.as amended. <br /> WHEREAS, this is a phase one waived contract, waiver number 174 Consultant Agreement for <br /> Capital Construction Form (SC-5.3). <br /> NOW THEREFORE, it is hereby agreed that <br /> ARTICLE 1. SCOPE OF WORK <br /> The Consultant, in consideration of State's promises hereinafter made, promises to perform and <br /> accomplish a ll the work and services proposed, and in accordance with the terms and conditions <br /> set forth in the scope of work description and proposal dated 2/23/12, which documents are <br /> attached hereto and made a part hereof by reference as Exhibit A, (including the Consultant's <br /> Services Schedule). Consultant shall undertake and perform the necessary work and services <br /> (as detailed in the Consultant's Services Schedule outlining the required time to perform such <br /> work and services and including Principal Representative review times) as is customarily done in <br /> the professional practice of Consulting in the community for undertakings of similar character, <br /> scope and magnitude. <br /> Rev.5/2011 Page 1 of 10 <br /> SC-5.3 <br />