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<br />4. The total cost of'services to be rendered by t~e
<br />Contractor is Ninety-Five Thousand Dollars ($95,000) and the
<br />Grand Mesa Water Conservancy District and the Colorado River
<br />Water Conservation District shall pay'the sum of Twenty-One
<br />Thousand Dollars ($21,000) as agreed, to by letters received
<br />August 22 and August 6, 1985, respectively, which are hereby
<br />attached and made a part of this contract as Exhibits D'and E;
<br />and in no event shall this payment be the liabil'ity of the State
<br />of Colorado. .
<br />
<br />5. This cpntract is per~onal in nature and assignment of
<br />performance by the Contractor to another is prohibited unless
<br />prior approval in writing is granted, by the State.
<br />
<br />6. The Contractor' is an independent contractor and as such
<br />'is not entitled to any benefits of the State p~rsonnel system.
<br />
<br />7. The original contract price stated in paragraph 4. and
<br />any additions thereto shall be adjusted to exclude any
<br />significant Sums by which the State determines the contract price
<br />increased due to inaccurate, incomplete, or noncurrent wage rates
<br />and other factual unit costs. All such contract adjustments
<br />shall be made within one (1) year following the end of the
<br />contract.
<br />
<br />8. The. Contractor warrants that he has not employed or
<br />retained any company or person, other than ',.a bona fide employee
<br />working solely for him, to solicit or secure this contract and
<br />that he has not paid or agreed to pay any person, company,.
<br />corporation, individual, or firm, other than a bona fide employee
<br />working solely for him, any fee, commission, percentage, gift, or
<br />other consideration contingent upon or' resulting from the award
<br />or 'the making of this contract.
<br />
<br />9. The Contractor, in consideration for the State's
<br />promises herein set forth, promises to .indemnify, save and hold
<br />harmless and defend the State, and all of its employees and
<br />agents, acting officially or otherwise, from any and all
<br />liability, claims, demands, actions, debts, and attorney fees
<br />arising out of, claimed on account of, or in any manner
<br />predicated upon loss or damage to the property of and injuries
<br />to, or death of all persons whatsoever, which may occur, or is
<br />sustaihed in connection with the performance of this contract, or
<br />by conditions created thereby, or based upon any violation of
<br />any statute, ordinance, or regulation, and the defense of any
<br />such claims or actions.
<br />
<br />10. A~1 notices, correspondence, or other documents required
<br />by this contract shall be delivered or mailed to the following
<br />addresses:
<br />
<br />a. For the State
<br />
<br />b. For the Contractor
<br />
<br />Mr. J. William, McDonald, Director
<br />Colorado Water Conservation Board
<br />721 State Centennial Building
<br />'1313 Sherman Street'
<br />Denver,. CO 80203
<br />Attn: Nick Ioannides
<br />
<br />PRC Engineering
<br />Denver Technological Center
<br />Bldg. 40 West
<br />7935 E. Prentice Avenue
<br />Englewood, co 80111
<br />Attn: Andrew Tczap
<br />
<br />Page 2 o~ 4 Pag~s
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