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<br />ARTICLE 3. CONSULTANT CERTIFICATION
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<br />In accordance with Title 24-30-1404 (1), C,R.S., the Consultant has executed a certificate, which is attached
<br />hereto and made a part hereof by reference as Exhibit "C", stating that wage rates (Exhibit "B") and other
<br />factual unit costs supporting the compensation paid by the State for these professional services are accurate,
<br />complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any
<br />significant sums, by which the State determines the contract price has been increased due to inaccurate,
<br />incomplete, or non-current wage rates and other factual unit costs, All such contract adjustments shall be
<br />made within one year following the end of this contract.
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<br />ARTICLE 4, CONTRACT EXPIRATION
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<br />Unless sooner terminated, this Contract shall remain in effect until the work and services are completed and
<br />accepted by the Principal Representative. The Consultant agrees to perform the work for the evaluation,
<br />described by Task in Exhibit "A" within the schedule dated December 16. 2002, which documents are
<br />attached hereto and made a part hereof by reference as Exhibit "E".
<br />The Consultant shall not be responsible for delays which are due to causes beyond the Consultant's
<br />re<lsonable control. The Consultant shall notify the Principal Representative, in writing, of any delays due to
<br />causes beyond the Consultant'S reasonable control. The Consultant shall attempt to resolve the adverse
<br />effects of any such delays through discussions with the Principal Representative. In the case of any such
<br />delay, the schedule set out in Exhibit "E" shall be revised if mutually agreed to in writing by the Principal
<br />Representative and Consultant.
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<br />ARTICLE 5, CONTINGENT FEE PROHIBITION
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<br />In accordance with Title 24-30-1404 (4), C.RB., the Consultant warrants that he has not employed or
<br />retained any company or person other than a bona fide employee working solely for him, to solicit or secure
<br />this Contract, and that he has not paid or agreed to pay any person, company, corporation, individual or
<br />firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or
<br />other consideration contingent upon, or resulting from the award or the making of this Contract. For breach
<br />or violation of this warranty, the State shall have the right to terminate this Contract without liability and, at
<br />its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee,
<br />commission, percentage, or consideration.
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<br />ARTICLE 6. TERMINATION OF AGREEMENT
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<br />Any breach ofthe terms and conditions of the contract by Consultant shall, unless waived by the Principal
<br />Representative in writing, constitute a default by the Consultant hereunder and the Principal Representative
<br />shall thereafter have no obligation to the Consultant, and may select any of the remedies available to the
<br />Principal Representative under law, In the event of default by the Consultant, the contract may be
<br />terminated upon seven (7) days written notice to the Consultant by the Principal Representative with copies
<br />filed with the State Controller.
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<br />ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS
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<br />Records of the Consultant's Direct Personnel, Consultant, and Reimbursable Expense pertaining to this
<br />Contract and records of accounts between the Principal Representative and Consultant shall be kept on a
<br />generally recognized accounting basis and shall be available to the Principal Representative at mutually
<br />convenient times and extending to three (3) years after final payment under this Contract.
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<br />Lower South Platte Diversion Structure Inventory Project
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