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<br />'v <br /> <br />. <br /> <br />. <br />Contract Routing No.: _03 PDA 00068_ <br />STATE OF COLORADO <br /> <br />CONSULTANT AGREEMENT <br /> <br />Agency I.D. Number: PDA <br /> <br />PROJECT NUMBER: <br /> <br />TillS AGREEMENT made this 26 day of February, in the year 2003 by and between the State of <br />Colorado, acting by and through the Department of Natural Resources (Colorado Water Conservation <br />Board) 1313 Shennan St #721 Denver Co 80203, hereinafter referred to as the Principal Representative, and <br />the Farnsworth Group, Inc. 2696 Colorado Blvd.. Suite 250, Denver CO 80222, hereinafter referred to as the <br />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 />100, Organization PDA, Appropriation SEV, Program WTRC, GBL 3S03; and Contract Encumbrance # <br />C153975. <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 South Platte Diversion Structure Inventory <br />Project: hereinafter called the Project; and <br />WHEREAS, the Consultant was selected and detennined to be the most qualified, and fees negotiated in <br />accordance with the provisions ofC.R.S. 24-30-1401 et seq; 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), and in accordance with the terms and <br />conditions set forth in the scope of work description and proposal dated December 16. 2002, which <br />documents are attached hereto and made a part hereof by reference as Exhibit "A". Consultant shall <br />undertake and perform the necessary work and services as is customarily done in the professional practice of <br />architecture/engineering/consulting in engineering/consulting in the community for undertakings of similar <br />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 Fifty Thousand Dollars ($50,000) as set forth in the <br />compensation for this evaluation (Tasks 1- 6), dated December 16. 2002, which documents are attached <br />hereto and made a part hereofby reference as 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 />Ten (10) percent of each invoiced arnount will be retained by the Principal Representative and provided to <br />the Consultant within thirty (30) days of the completion of the Contract. Contract completion includes <br />delivery of the work products specified in Exhibit" A" and acceptance of those products by the Principal <br />Representative. <br />The costs presented in Exbibit "D" by Task and subtask were developed for compensation and project <br />management purposes. If documented in the Consultant's monthly invoice, the Consultant without Principal <br />Representative approval may reassign subtask costs within a Task. Tasks costs may be reassigned to another <br />Task if mutually agreed to in writing between the Principal Representative and Consultant. <br /> <br />Lower South Platte Diversion Structure Inventory Project <br /> <br />3 <br />