2015-03-26_PERMIT FILE - M2015008 (11)

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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: If to the Contractor: Grant Anderson Bill Kelton CDOT Region: 3 Kirkland Construction, L.L.L.P. Eisenhower Tunnel, West Portal, P.O. Box 2236 PO Box 580 Frisco, CO 80443 Rye, CO 81069 303 -512 -5601 (719) 634 -8168 grant.anderson @state.co. us Section 13. Assignment and Successors The Contractor agrees not to assign rights or delegate duties under this Contract [or 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. Changes - Indefinite Quantity Contract - Funding Letter This is an indefinite quantity contract for the services specified herein. The number of units required to complete the work services may vary. The parties have estimated the quantity and cost of such services, but such estimates are estimates only. A. Funds are available and encumbered in the amount of the estimate. The Contractor shall not perform Work that creates a financial obligation of the State exceeding the amount of available funds specified herein. The Contractor shall notify the representative in writing, using a form substantially equivalent to the sample Notification of Commitments Within 10% of Original Project Amount attached as Exhibit E, when State commitments, paid and unpaid, are within 10% of the amount of funds available. The State is not liable beyond the amount of funds specified as available in this paragraph. B. The state may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit F and bearing the approval of the State Controller or his designee. The Funding Letter shall not be deemed valid until the State Controller or his designee shall have approved it. Section 15. 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