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FLOOD01493
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Last modified
11/23/2009 10:40:12 AM
Creation date
10/4/2006 10:04:05 PM
Metadata
Fields
Template:
Floodplain Documents
County
Statewide
Community
State of Colorado
Title
Floodplain Management and Administration Section for Statewide Drainage and Floodplain Management Criteria Manual - Contract Number POPDA01000000003
Date
5/29/2001
Prepared For
CWCB
Prepared By
WRC Engineering, Inc.
Floodplain - Doc Type
Contract
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<br />. <br /> <br />. <br /> <br />ARTICLE 4. <br /> <br />CONTRACT EXPIRATION <br /> <br />Unless sooner terminated, this Contract shall remain in effect until the work and services are completed and <br />accepted by the Principal Representative, <br /> <br />ARTICLE 5. <br /> <br />CONTINGENT FEE PROHIBITION <br /> <br />In accordance with Title ~24-30-1404 (4), C,R.S., the Consultant warrants that he has not employed or <br />retained any company or person other than a bona fide employee working solely for him, to solicit or secure <br />this Contract, and that he has not paid or agreed to pay any person, company, corporation, individual or firm, <br />other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other <br />consideration contingent upon, or resulting from the award or the making of this Contract. For breach or <br />violation of this warranty, the State shall have the right to terminate this Contract without liability and, at its <br />discretion, to deduct from the contract price, or otherwise recover the fuli amount of such fee, commission, <br />percentage, or consideration, <br /> <br />ARTICLE 6. <br /> <br />TERMINATION OF AGREEMENT <br /> <br />Any breach of the terms and conditions of the contract by Consultant shall, unless waived by the Principal <br />Representative In writing, constitute a default by the Consultant hereunder and the Principal Representative <br />shall thereafter have no obligation to the Consultant, and may select any of the remedies available to the <br />Principal Representative under law, In the event of default by the Consultant, the contract may be terminated <br />upon seven (7) days written notice to the Consultant by the Principal Representative with copies filed with the <br />State Controller. <br /> <br />ARTICLE 7, <br /> <br />CONSULTANT'S ACCOUNTING RECORDS <br /> <br />Records of the Consultant's Direct Personnel, Consultant, and Reimbursable Expense pertaining to this <br />Contract and records of accounts between the Principai Representative and Consultant shall be kept on a <br />generally recognized accounting basis and shall be available to the Principal Representative at mutually <br />convenient times and extending to three (3) years after final payment under this Contract. <br /> <br />ARTICLE 8. <br /> <br />ASSIGNMENT OF AGREEMENT NOT PERMITTED <br /> <br />The Consultant may not assign its performance of this Contract or any part thereof without the prior written <br />consent of the Principal Representative, but the contract shall be binding upon and inure to the benefit of the <br />successors and assigns of the contract. <br /> <br />ARTICLE 9. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />The parties of this Contract intend that the relationship between them contemplated by this Contract is that of <br />employer-independent contractor, No agent, employee, or servant of Consultant shall be or shall be deemed <br />to be an employee, agent, or servant of the State, Consultant shall be solely and entirely responsible for its <br />acts and the acts of its agents, employees, servants, and subconsultants durin9 the performance of this <br />Contract. <br /> <br />ARTICLE 10. INTEGRATION OF UNDERSTANDING <br /> <br />This Contract is intended 'as the complete integration of all understandings between the parties. No period or <br />contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, <br />
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