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PON 4610009?" <br />Routing # l , -HA2-ZG-00098 <br />concerning the work performed or services provided under this Contract for the purpose of investigation, audit, <br />and copying to ascertain compliance with, or to detect violation of, any applicable Federal and/or State law or <br />regulation or with the terms of the Contract, or to evaluate performance under the Contract. All records or <br />information obtained in this manner shall be used only for the purpose described herein, except as otherwise <br />authorized by law. <br />C. S CTS. For the benefit of the State, the Contractor shall include the language to this paragraph in <br />all Subcontracts, in order to require the subcontractor(s) to comply with the record maintenance and access <br />conditions described above. <br />Section 9. Remedies, Termination Provisions, Insurance <br />The Standard Specifications, which are incorporated herein by reference, contain provisions for remedies, termination <br />and insurance. The Contractor agrees to comply with such provisions. <br />Section 10. Funding <br />The parties expressly recognize and agree that this Contract is subject to and contingent upon the continuing <br />availability of federal and state funds for the purposes hereof. In the event that the Department does not receive such <br />funds or any part thereof, the Department may immediately terminate this Contract without liability, including liability <br />for termination costs. In the event of termination, the Contractor is entitled to payment, in accordance with this <br />Contract, for work completed on the project as of the date of termination. <br />Section 11. Representatives and Notice <br />The State will provide liaison with the Contractor through the State's Resident Engineer for this project. Said Resident <br />Engineer will also be responsible for coordinating the State's activities under this Contract. All communication, <br />notices and correspondence shall be addressed to the individuals identified below. Either parry may from time to time <br />designate in writing new or substitute representatives. <br />Section 12. Representatives and Notice <br />The State will provide liaison with the Contractor through the State's Resident Engineer for this project. Said Resident <br />Engineer will also be responsible for coordinating the State's activities under this Contract. All communication, <br />notices and correspondence shall be addressed to the individuals identified below_ Either parry may from time to time <br />designate in writing new or substitute representatives. <br />If to the State: <br />1f to the Contractor: <br />Joe DeHean <br />Cheyenne Ueland <br />CDOT Region: 2 <br />TRICON 2, LLC <br />902 Erie Avenue <br />PO Box 1330 <br />Castle Rock, CO 80130 <br />Pueblo, CO 81001 <br />719-546-5439 <br />303-688-9568 <br />joe.deheart@state.co. us <br />tricon2llc@a yaboo.com <br />Section 13. Changes - Indefinite Quantity Contract - Funding Letter <br />This is an indefinite quantity contract for the services specified herein. The number of units required to complete the <br />work services may vary. The parties have estimated the quantity and cost of such services, but such estimates are <br />estimates only. <br />A. Funds are available and encumbered in the amount of the estimate. The Contractor shall not perform Work that <br />creates a financial obligation of the State exceeding the amount of available funds specified herein. The <br />Contractor shalt notify the representative in writing, using a form substantially equivalent to the sample <br />Notification of Commitme is Within 10% of Orimnal Project A 01111t attached as Exhibit E, when State <br />commitments, paid and unpaid, are within 10% of the amount of fonds available. The State is not liable beyond <br />the amount of funds specified as availab! a in this paragraph. <br />Page 3 of 31 <br />Doc"ont Builds Genemied <br />RcV 12MP016 34 <br />