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<br />.' <br /> <br />. -,-' <br /> <br />, / <br /> <br />.- <br /> <br />( <br /> <br />February 4. 1987. which is hereby attached and made a part of <br />this contract as Exhibit B; and in no event shall this payment <br />be the liability of the State of Colorado. <br /> <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 Five Hundred Eighty-One Dollars and Twenty-Four Cents <br />($88.581.24) provided that construction of the sUbject'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 /> <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 Five Hundred Eighty-one Dollars and <br />Twenty-Four Cents ($88.581.24) shall be payable in ten (10) <br />equal yearly installments of Eight Thousand Eight Hundred <br />Fifty-Eight Dollars and Twelve Cents ($8.858.12) each. the <br />first installment to be due and payable upon the January 1st <br />next succeeding the in~tiation of construction on the said <br />water project. Subsequent payments shall be due and payable on <br />January 1st of each year thereafter. <br /> <br />7. This contract is personal in nature and assignment of <br />performance by the Contractor to another is prohibited unless <br />prior approval in writing is granted by the State. <br /> <br />8. The Contractor is an independent contractor and as such <br />is not entitled to any benefits of the State personnel system. <br /> <br />9. The original contract price stated in paragraph 4. and <br />any additions thereto shall be adjusted to exclude any <br />significant sums by which the State determines 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 /> <br />10. The Contractor warrants that he has not employed or <br />retained ~ny 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 /> <br />11. All notices. correspondence. or other documents <br />required by this contract shall be delivered or mailed to the <br />following addresses: <br /> <br />a. For the State <br /> <br />b. For the Contractor <br /> <br />Mr. J. William McDonald. Director <br />Colorado Water Conservation Board <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver. CO 80203 <br />Attn: Nick Ioannides <br /> <br />City of Loveland. <br />446 North Garfield <br />Loveland. CO 80537 <br />Attn: Ralph MUllinix <br />Director <br />Water/Wastewater Department <br /> <br />Page 1 of 4 Pages <br />