2015-03-18_PERMIT FILE - M2015010

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for termination costs. In the event of termination, the Contractor is entitled to payment, in accordance with this Contract, for work completed on the project as of the date of termination. Section 12. Representatives and Notice The State will provide liaison with the Contractor through the State's Resident Engineer for this project. Said Resident Engineer will also be responsible for coordinating the State's activities under this Contract. All communication, notices and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to the State: Travis Miller CDOT Region: 4 401 A Avenue, #366 Limon, CO 80828 719 - 775 -8014 travis.miller @state.co.ns Section 13. Assignment and Successors If to the Contractor: Greg Nejezchleb Castle Rock Construction Company of Colorado, LLC 6374 South Racine Circle Centennial, CO 80111 303 -947 -2602 The Contractor agrees not to assign rights or delegate duties under this Contract for subcontract any part of the performance required under the Contract] without the express, written consent of the State [which shall not be unreasonably withheld]. Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 14. Contract Modification Bilateral changes within the general scope of the contract that do not alter the Project Commitment Amount or the fiscal year encumbrance, may be executed using the contract modification order process described in this paragraph and in the Standard Specifications using a form substantially equivalent to the sample contract modification order attached as Exhibit E for any of the reasons listed in the Standard Specifications. Bilateral changes to the general scope that do alter the Project Commitment Amount or the fiscal year encumbrance must follow a Contract Modification Order process ( "CMO process "), using Exhibit E, and must also follow Option Letter process outlined in Section 5. A change to the funding encumbrance that does not change scope must follow the Option letter process outlined in Section 5. Section 16. Governmental Immunity Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et.seq., CRS, as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24 -10 -101, et. seq., CRS, as now or hereafter amended and the risk management statutes, Section 24 -30 -1501, et. seq., CRS, as now or hereafter amended. Section 17. Severability To the extent that this Contract may be executed and performance of the obligations of the parties inay be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 18. Waiver The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deenned as waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or requirement. Section 19. Entire Understanding