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<br />6. It Is under.stood and agreed that the Contractor 1s an
<br />independent consultant, not dn employ~e, agent or representat lve
<br />of the State. As such, neither the Contractor nor dny of Us
<br />employees, nor dny consultant or subcontractor retained by the
<br />Contractor, shall receive any of the benefits of the State
<br />personnel system nor have dny claim therefor whatsoever.
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<br />7. The Contractor represents that the services to be
<br />furnished under this contract will be in accordance with
<br />generally accepted prof~ssiondl practices. Any estimates of cost
<br />of equ~pment, construction, ownership or operation furnished by
<br />the Contractor sh~ll be the Contractor's opinion based upon Its
<br />professional judgment and experience. The Contractor makes no
<br />other representatton or warrdnty, express(ld or I.mpllcd.
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<br />8. J. Wllliam McDonald, Director, Colorado Water Conservat1on
<br />Board, Department of Natural Resources, shall be the State's
<br />project manager for this contract.
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<br />A. As such, he or hIs desIgnee shall have the authorlty, on
<br />behalf of the State, to act In matters concerning this
<br />contract and to issue, in writing, dIrectives to the
<br />Contractor w1th regard to such matters as are specif1ed to
<br />be at, or are teft at, the State's d iseret Ion pursuant to
<br />the terms of this contrdct.
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<br />B. He or h1s des1gnee shalt also have the authority to act
<br />for the State 1n making changes to Exhibit B, Scope of
<br />Services, pursuant to the procedure for makf.ng such changes
<br />which is set forth in paragraph 9 below.
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<br />9. It Is hereby agreed by the State and the Contractor that
<br />changes to Exh Ib t t B, Scope of Serv tees, may be made at any t I.me
<br />during the duration of this contrdct without processtng an
<br />executed amendment to this contract, provided that such changes
<br />are made 1n writing, do not affect the compensation due to the
<br />Contractor or the time required for completion, and are agreed to
<br />in writing by both parties. Such agreed upon changes shall have
<br />the full force and effect of, and be subject to the provis1ons
<br />of, th1s contract as if the same had been fully set forth in the
<br />body of th1s contract at the time of its execution.
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<br />10. James V. Wlilidmson, a partner of the Contractor who is
<br />presently officed in Seattle, Washtngton, shall bl~ the
<br />Contractor's principal in charge for this contract. James E.
<br />Alverson, an empl.oyee of the Contractor who is pr~scntly off iced
<br />In Seattle, Washington, shalt be the Contractor's project manager
<br />for this contract. The Contractor may not assign a different
<br />principal 1n charge or a different project manager for this
<br />contract, nor change the office location of either person,
<br />unless approved in writ ing in advance by the Stat,e, whIch
<br />approval may not be unreasonably wIthheld by the State.
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<br />11. It ts under,stood and agreed that. the Cont ractor may
<br />obtain the services of such subcontrdctors and consultants as the
<br />Contractor deems necessary and approprl.ate in the performdnce of
<br />this contract, except that the Contractor wIll USI' those
<br />consult3nts and subcontractors set forth I.n pdrdgraph 12 bel.ow.
<br />All payments due such subcontractors and consulta~ts shall be the
<br />sole responsibil1ty'of the Contractor. Such subcontractors and
<br />consultants shall have no claim, Llen, or cause of 'action
<br />whatsoever against the State because of the Contr,~ctor's failure
<br />to make payments to any such subcontractor or consultants for the
<br />serv lces rendered, or expenses incurred, by them.
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<br />12. It is understood and agreed that the fott1lwing services
<br />wIll be obtalned by the Contrdctor from the lIsted
<br />subcontractors and consultants, to wit:
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<br />Page 4 of 9 Pdges f
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