C150094 Contract

• Contract/PO #: C150094
• Contractor Name: La Plata Water Conservancy District
• Contract Type: Grant
• Water District: 0
• County: La Plata
• Bill Number: HB02-1152
• Loan Projects - Doc Type: Contract Documents

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year. OWNER and the ENGINEER will negotiate to determine any increases to the
Remuneration Section, but not more than once per year.

The OWNER shall pay the ENGINEER for the ENGINEER'S direct expenses, but no more than
the maximum set forth in Exhibit "A", defined as the costs incurred directly for the PROJECT,
other than the hourly personnel costs in the Remuneration Section (Schedule "B") of Exhibit "A".
Such direct expenses shall be the actual purchase price, for items obtained from commercial
sources on the basis of usual commercial charges and, where the amount is over $10,000,
bids. Such charges will be itemized on invoices to the OWNER. Direct expenses shall include,
but are not limited to, necessary transportation costs, including mileage at the Federal rate,
when the ENGINEER's own automobiles are used; and meals and lodging, when an
ENGINEER's staff member is away from that individual's home office for work on the Project;
laboratory tests, CAD and GIS computer services and analyses, long-distance telephone calls;
and printing charges by a party other than the ENGINEER. Technical and professional services
may be furnished through subcontractors, only as contracts or subcontracts for such services
are approved by the OWNER. Whenever possible. subcontractors will bill charges directly to
the OWNER.

ARTICLE 3

Payment to the ENGINEER, as prescribed in ARTiCLE 2 is to be made as follows:

For services herein described. the OWNER shall remit to the ENGINEER payment within thirty
(30) days after the date of the ENGINEER'S monthly billing. Billings shall itemize all work by
billing category or individual and all direct expenses. In the event any billing by the ENGINEER
remains unpaid for a period of forty-five (45) days after the date of billing, interest on the unpaid
balance thereof will accrue at the rate of twelve percent (12%) per annum and the ENGINEER
may, in its discretion, cease all work under this Agreement until all payments to the ENGINEER
are current.

if the OWNER objects to all or any portion of an invoice, the OWNER shall so notify the
ENGINEER within fourteen (14) calendar days of receipt of tne invoice. identify the cause of
disagreement, and pay when due that portion of the invoice, if any. not in dispute. The parties
shall, in good faith, attempt to reach a resolution of the OWNER's Objections within ten (10)
business days of their receipt. If the same are not resolved within those ten (10) days, either
party may terminate this Agreement immediately thereafter and the OWNER shall immediately
pay the ENGINEER all invoices or portions thereof that have not been Objected to by the
OWNER.

ARTICLE 4

The parties hereto further mutually agree that:

The ENGINEER shall be responsible, to the level of competency required of practicing
professional engineers performing the same type of work in Colorado, for the profeSSional and
technical soundness and accuracy of all designs. drawings, specifications, and other work and
materials furnished under this Agreement.

G:\DocumentsIWwe WeiI20021991-0771Contract\Contract02 - WIVE LPWCD revision 5-&-02.doc

Agreement Between Owner and Engineer

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