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<br />. <br /> <br />. <br /> <br />ContracJ Rout;ng No. OJ pOl} OOb.lS <br /> <br />Agency J.D. Number: PDA <br /> <br />STATE OF COLORADO <br />CONSULTANT AGREEMENT <br /> <br />PROJECT NUMBER: <br /> <br />TillS AGREEMENT made this ~y of ~n the year 2002 by and between the State of <br />Colorado, acting by and through the Department of Natural Resources (Colorado Water Conservation <br />Board), hereinafter referred to as the Principal Representative, and Leonard Rice Engineers. Inc., hereinafter <br />referred to as the Consultant or Contractor. <br />WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made <br />available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number <br />424, Organization PDA, Appropriation SPS, Program WTC, Contract Encumbrance NumberCiS31f~d <br />WHEREAS, required approval, clearance and coordination has been accomplished from and with <br />appropriate agencies; and <br />WHEREAS, the Principal Representative intends to develop the SPDSS Phase I and 2 Consumptive Use <br />and Water Budget Component: hereinafter called the Project; and <br />WHEREAS, the Consultant was selected and determined to be the most qualified, and fees negotiated in <br />accordance with the provisions ofC.R.S. 024-30-1401 et seq; and <br />WHEREAS, the Principal Representative and the Consultant agree that additional work activities and <br />funding may be required to perform subsequent development phases ofSPDSS. These additional work <br />activities may be authorized by an amendment to this contract if mutually agreed upon in writing by the <br />Consultant and Principal Representative; and <br /> <br />NOW THEREFORE, it is hereby agreed that <br /> <br />ARTICLE 1. SCOPE OF WORK <br /> <br />The Consultant, in consideration of State's promises hereinafter made, promises to perform and accomplish <br />all the work and services proposed for this evaluation (Tasks 1-5. Task 19.52-55, Task 58-62. Tasks <br />72,73.76 & Tasks 81-83), and in accordance with the terms and conditions set forth in the scope of work <br />description and proposal dated September 16, 2002, which documents are attached hereto and made a part <br />hereof by reference as Exhibit "A". Consultant shall undertake and perform the necessary work and <br />services as is customarily done in the professional practice of architecturelengineering/consulting in <br />engineering/consulting in the community for undertakings of similar character, scope and magnitude. <br /> <br />ARTICLE 2, COMPENSATION <br /> <br />In consideration for the performance of the said work and services, Principal Representative agrees to pay to <br />Consultant fees and charges not to exceed eight hundred fifty five thousand dollars ($855,000) as set forth <br />in the compensation for this evaluation (Tasks 1-5. Task 19.52-55, Task 58-62, Tasks 72,73.76 & Tasks 81- <br />83), dated September 16,2002, which documents are attached hereto and made a part hereof by reference as <br />Exhibit "D". <br />The Consultant agrees this is a time and materials contract with a maximum compensation (ceiling). The <br />Consultant will provide monthly invoice statements to the Principal Representative that itemizes hourly <br />charges by person and other direct costs. After review and acceptance of the charges and costs therein, the <br />State shall pay the Consultant 90% of the amount of the invoice within 45 days of receipt of said invoice. <br /> <br />SPDSS Consumptive Use and Water Budget Component <br /> <br />3 <br />