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. Edward J. Krisor, Jr., Esq. Page 3 Paragraph No. 13: Replace this paragraph with the following: The Contractor shall perform its duties hereunder as an independ- ent contractor and not as an employee. Neither the contractor nor any agent, employee, subcontractor or consultant hired or retained by the Contractor shall be or shall be deemed to be an agent or employee of the State. The Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force workers compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law. In addition, the Contractor shall be solely responsible for the acts of the contractor, its employees and agents. Paragraph No. 15: The last sentence in the second unnumbered paragraph should be changed to read as follows: "In addition, the Corps has a regulatory responsibility for channel improve- ments and dredge and fill activities in the waters of the United States, and it must issue a permit for this work or acknowledge that this project is exempt from permitting." Paragraph No. 16: In the second to last line omit the word "other" and put a period after "assignees." omit everything after the word "assignees." Paragraph No. 17: omit in its entirety. Additional Terms: I have enclosed a two page addendum to be added to all State Agency Contracts entitled "Special Provi- sions." This is the updated version which must be added unchanged in its entirety to be approved by the Controller. On page 2 of this Addendum is a signature line for Attorney General approval. Just because you and I agree on the terms of this Agreement does not mean that the section of this office charged with the duty of final contract review will approve it. First Assistant Attorney General David Kaye is the contract review attorney that must approve this contract. David will review it after all other parties have signed off. The following comments are addressed to the document referred to as Exhibit B Union Avenue Unit No. 1 Final Design Dam Modifi- cations Work Plan. SCOPE OF WORK: The last sentence of the third unnumbered para- graph should be omitted. The fourth unnumbered paragraph should be modified to reflect the fact that some advice from Englewood and BOR is contemplated and incorporation of these changes shall not be the basis for extra charges over and above the contract price.