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<br />a. ~1e Contractor shall be compensated pursuant to this <br />paragraph 4 only to the extent that the Contractor and its <br />consultants and subcontractors maintain reasonable written <br />records which provide evidence of the services actually <br />performed and expenses actually incurred. <br /> <br />5. It is understood and agreed that this contract is personal <br />in nature and may not be sold, assigned, or otherwise transferred <br />to any other person or entity without the express written <br />approval of the State. <br /> <br />6. It is understood and agreed that the Contractor is an <br />independent consultant, not an employee, agent or representative <br />of the State. As such, neither the Contractor nor any of its <br />employees, nor any consultant retained by the Contractor, shall <br />receive any of the benefits of the State personnel system nor <br />have any claim therefor whatsoever. <br /> <br />7. The Contractor represents that the services to be <br />furnished under this contract will be in accordance with <br />generally accepted prOfessional practices. Any estimates of cost <br />of equipment, construction, ownership or operation furnished by <br />the Contractor shall be the Contractor's opinion based upon its <br />professional judgment and experience. <br /> <br />8. J. William McDonald, Director, Colorado Water Conservation <br />Board, Department of Natural Resources, shall be the State's <br />project manager for this contract. <br /> <br />A. As such, he or his designee shall have the authority on <br />behalf of the State to act in matters concerning this <br />contract and to issue, in writing, directives to the <br />Contractor with regard to such matters as are specified to <br />be at, or are left at, the State's disc~etion pursuant to <br />the terms of this contract. . <br /> <br />B. He or his designee shall also have the authority to act <br />for the State in making changes to Exhibit a, Scope of <br />Services, pursuant to the procedure for making such changes <br />which is set forth in paragraph 9 below. <br /> <br />9. It is hereby agreed by.the State and the Contractor that <br />changes to Exhibit a, Scope of Services, may be made at any time <br />during the duration of this contract without processing an <br />executed amendment to this contract provided that such changes <br />are made in writing, do not. affect the compensation due to the <br />Contractor, and are agreed to in writing by both parties. Such <br />agreed-upon changes shall have the full force and effect of, and <br />be subject to the provisions of, this contract as if the same had <br />been fully set forth in the body of this contract at the time of <br />its execution. <br /> <br />10. Alan F. Huggins, an employee of the Contractor who is <br />presently.officed in Denver, COlorado, shall be the Contractor's <br />principal in charge for this contract. william A. Price and <br />William A. Moler, employees of the the Contractor who are <br />presently officed in Denver, Colorado, shall be the Contractor's <br />project managers of this contact. The Contractor may not assign <br />a different principal in charge or a different project manager <br />for this contract, nor change the office location of this <br />person, unless approved in writing in advance by the State, which <br />approval may not be unreasonably withheld by the State. <br /> <br />11. It is understood and agreed that the Contractor may <br />obtain the services of such subcontractors and consultants as the <br />Contractor deems necessary and appropriate in the performance of <br />this contract, except that the Contractor will use those <br />.consultants and subcontractors set forth in paragraph 12 below. <br /> <br />Page 3 of 8 Pages <br />