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4. The total cost of services to be rendered for the <br />Contractor by the Consultant is One Hundred Thirty -Seven <br />Thousand One Hundred Twenty Dollars ($137,120) and the <br />Contractor shall pay the sum of Sixty -Eight Thousand Five <br />Hundred Sixty Dollars ($68,560) as agreed to by letter dated <br />June 17, 1986, which is hereby attached and made a part of this <br />contract as Exhibit B; and in no event shall this payment be <br />the liability of the State of Colorado. <br />5. In consideration of the State assuming a portion of the <br />cost of the preparation of the said project feasibility report, <br />the Contractor shall pay to the State the sum of Eighty -Eight <br />Thousand Seven Hundred Eighty -Five Dollars and Twenty Cents <br />($88,785.20) provided that construction of the subject water <br />project is initiated within ten (10) years of the date of this <br />contract. The Contractor shall fulfill this obligation <br />irrespective of how or by whom orb o what specifications or <br />plans the subject project is fis€arid, id, or constructed for <br />so long as construction of th'' ct nitiated within the <br />specified time..,`; -'r a t <br />6. In the event the Col; "ictp t make payment pursuant <br />to the terms of paragraph 5 arbov; =hen the said sum of <br />Eighty -Eight Thousand Seven Hun e-!/Eighty-Five Dollars and <br />Twenty Cents ($88,785.20) sh 1 "'-4e payable in ten (10) equal <br />yearly installments of Eighty�,Thbusand Eight Hundred <br />Seventy -Eight Dollars and Fifty -Two Cents ($8,878.52) <br />each, the first installment to be due and payable upon the <br />January 1st next succeeding the initiation of construction on <br />the said water project. Subsequent payments shall be due and <br />payable on January lst of each year thereafter. <br />7. This contract is personal in nature and assignment of <br />performance by the Contractor to another is prohibited unless <br />prior approval in writing is granted by the State. <br />8. The Contractor is an independent contractor and as such <br />is not entitled to any benefits of the State personnel system. <br />9. The original contract price stated in paragraph 4. and <br />any additions thereto shall be adjusted to exclude any <br />sinificant sums by which the State determines the contract <br />g <br />price increased due to inaccurate, incomplete, or noncurrent <br />wage rates and other factual unit costs. All such contract <br />adjustments shall be made within one (1) year following the end <br />of the contract. <br />10. The Contractor warrants that he has not employed or <br />retained any company or person, other than a bona fide employee <br />working solely for him, to solicit or secure this contract and <br />that he has not paid or agreed to pay any person, company, <br />corporation, individual, or firm, other than a bona fide <br />employee working solely for him, any fee, commission, <br />percentage, gift, or other consideration contingent upon or <br />resulting from the award or the making of this contract. <br />11. All notices, correspondence, or other documents <br />required by this contract shall be delivered or mailed to the <br />following addresses: <br />a. For the State <br />b. For the Contractor <br />Mr. J. William McDonald, Mr. Mark H. Rybus <br />Director Director of Water and Sewer <br />Colorado Water Conservation Board City of Greeley <br />721 State Centennial Building 919 7th Street <br />1313 Sherman Street Greeley, CO 80631 <br />Denver, CO 80203 Attn: Eric Wilkinson <br />Attn: Nick Ioannides <br />Page 2 of 4 Pages <br />