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- l' . . 51 ), dated September 9, 2002, which documents are attached hereto and made a part hereof by reference as Exhibit "D". The Consultant agrees this is a time and materials contract with a maximum compensation (ceiling). The Consultant will provide monthly invoice statements to the Principal Representative that itemizes hourly charges by person and other direct costs. After review and acceptance of the charges and costs therein, the State shall pay the Consultant 90% of the amount of the invoice within 45 days of receipt of said invoice. Ten (10) percent of each invoiced amount will be retained by the Principal Representative and provided to the Consultant within thirty (30) days of the completion of the Contract. Contract completion includes delivery of the work products specified in Exhibit" A" and acceptance ofthose products by the Principal Representative. The costs presented in Exhibit "D" by Task and subtask were developed for compensation and project management purposes. If documented in the Consultant's monthly invoice, sub task costs may be reassigned within a Task by the Consultant without Principal Representative approval. Tasks costs may be reassigned to another Task if mutually agreed to in writing between the Principal Representative and Consultant. ARTICLE 3. CONSULTANT CERTIFICATION In accordance with Title 024-30-1404 (I), C.R.S., the Consultant has executed a certificate, which is attached hereto and made a part hereof by reference as Exhibit "C", stating that wage rates (Exhibit "B") and other factual unit costs supporting the compensation paid by the State for these professional services are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the State determines the contract price has been increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of this contract. ARTICLE 4. CONTRACT EXPIRATION Unless sooner terminated, this Contract shall remain in effect until the work and services are completed and accepted by the Principal Representative. The Consultant agrees to perform the work for the evaluation (Tasks 31-33. Tasks 35.36.38.42-44 & Task 51), described by Task in Exhibit "A" within the schedule dated SeDtember 9. 2002, which documents are attached hereto and made a part hereof by reference as Exhibit "E". The Consultant shall not be responsible for delays which are due to causes beyond the Consultant's reasonable control. The Consultant shall notify the Principal Representative, in writing, of any delays due to causes beyond the Consultant's reasonable control. The Consultant shall attempt to resolve the adverse effects of any such delays through discussions with the Principal Representative. In the case of any such delay, the schedule set out in Exhibit "E" shall be revised if mutually agreed to in writing by the Principal Representative and Consultant. ARTICLE 5. CONTINGENT FEE PROHIBITION In accordance with Title 024-30-1404 (4), eR.S., the Consultant warrants that he has not employcd or retained any company or person other than a bona fide employee working solely for him, to solicit or secure this Contract, and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from the award or the making of this Contract. For breach or violation of this warranty, the State shall have the right to terminate this Contract without liability and, at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, or consideration. SPDSS Groundwater SOW, Phase 1 Page 4