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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 subje.c.t.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 or to what specifications or <br />plans the subject project is financed, paid, or constructed for <br />so long as construction of the project is initiated within the <br />specified time. <br />6. In the event the Contractor must make payment pursuant <br />to the terms of paragraph 5 above, then the said sum of <br />Eighty -Eight Thousand Seven Hundred Eighty -Five Dollars and <br />Twenty Cents ($88,785.20) shall be payable in ten (10) equal <br />yearly installments of Eight Thousand 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 1st of each year thereafter. <br />7. This contract is personal in natmfT.kand assignment of <br />performance by the Contractor to another, ` ro bited unless <br />, <br />prior approval in writing is grante, S" y 4 <br />8. The Contractor is an indepeh#ent lk or and as such <br />Is not entitled to any benefits of the ,:personnel system. <br />9. The original contract pric6,.v aed in paragraph 4. and <br />any additions thereto shall be adjuste°d to exclude any <br />significant sums by which the State Aetermines the contract <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 />Mr. J. William McDonald, <br />Director <br />Colorado Water Conservation Board <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Attn: Nick Ioannides <br />b. For the Contractor <br />Mr. Mark H. Rybus <br />Director of Water and Sewer <br />City of Greeley <br />919 7th Street <br />Greeley, CO 80631 <br />Attn: Eric Wilkinson <br />Page 2 of 4 Pages <br />