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<br /> <br />. <br /> <br />Edward J. Krisor, Jr., Esq. <br />Page 2 <br /> <br />specialized field of engineering. <br /> <br />Paragraph No.4: CWCB can not find the III B.S. referred to. <br />CWCB wants to see construction scheduling plans and status <br />reports if that is what this paragraph seeks to accomplish. <br /> <br />Paragraph No.5: CWCB has a major problem with this price. <br />First, they think it is at least 50% too high and, secondly, they <br />want it fixed. Clauses that deal with partial payments and pay- <br />ments of retention should conform to S 24-91-101-110, C.R.S. <br />(1979) . <br /> <br />Paragraph No.7: Change 3 years to 6 years. <br /> <br />Paragraph No.8: Conform this to S 24-91-103, C.R.S. (1979). <br /> <br />Paragraph No. 10: In the text of paragraph 10 insert the word <br />"future" before the word "obligation." I am not sure what para- <br />graph 10(a) attempts to do. The reference to paragraph 4 is con:" <br />fusing since paragraph 4 is unclear. Paragraph 10(b) should be <br />modified to state: <br /> <br />upon failure of the Contractor to perform <br />material terms and conditions of this con- <br />tract in a timely and satisfactory manner. <br />Nothing in this section requires the State <br />to utilize the withholding provisions of <br />paragraph 9 above, if in the sole discre- <br />tion of the State, termination is called <br />for. Paragraph 9 and this portion of para- <br />graph 10 shall be considered as alternative <br />remedies and use of one to the exclusion of <br />the other shall not act as a waiver or <br />estoppel which would prevent the State from <br />exercising the other option at some subse- <br />quent time. <br /> <br />Paragraph 10(c): Should be modified to explicitly state that <br />termination should not affect any express or implied warranties <br />given on the work performed to date nor should it affect the duty <br />of care owed by the Contractor for the work performed. In addi- <br />tion, termination would not extinguish the provisions of <br />paragraph's 11, 12, and 16 nor any other covenants in the agree- <br />ment that are not related to performing future services or being <br />paid for services. <br /> <br />Paragraph No. 11: Add to the end of the last sentence: ", or <br />the same term upon subsequent breach." <br />