Pueblo Mental Health Irrigation Project Agreement

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-- ",... \. . NOW THEREFORE it is hereby agreed that: I. Scope of Work. The Colorado Mental Health Institute at Pueblo shall through its Senior Professional Engineer, Bill W. Tyner, perform and accomplish in a satisfactory and proper manner all the necessary work and services described above; 2. Statement of Consideration. The Colorado Mental Health Institute at Pueblo shall bill the Client for the above described pilot program demonstrating the benefits of water efficiency pursuant to the following project funding schedule: Initial payment of thirty-five thousand ($35,000) dollars and one interim payment of nine thousand eight hundred and eighty-eight ($9,888) dollars with 10% of total amount withheld until final report completion; with the total amount not to exceed forty-nine thousand eight hundred and seventy-five ($49,875) dollars. The Contractor shall bill only for material needed to actively deliver the services described. 3 . Payment and Contractor termination Other Performance. Payment may at reasonable intervals and date of December 1, 1994. be made upon billing by the at the expected contract 4. Definition of Breach and Remedies. If through any cause the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate 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 the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the Client, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract, and the Client may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the State from the Contractor is determined. STATE OF COLORADO ROY ROMER, GOVERNOR BY Y.o4v IJ. ~ DATE Executive Director, Chief Executive Officer or Authorized Designee DEPARTMENT OF NATURAL RESOURCES (COLO. WATER CONSERVATION BOARD DARIES C. LILE, P.E., DIRECTOR) It;~;:Jy ~ Division of Menta Health