2019-03-29_PERMIT FILE - M2019015

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PO#:461001235 Routing#:19-HA2-ZG-00098 concerning the work performed or services provided under this Contract for the purpose of investigation, audit, and copying to ascertain compliance with, or to detect violation of, any applicable Federal and/or State law or regulation or with the terms of the Contract, or to evaluate performance under the Contract. All records or information obtained in this manner shall be used only for the purpose described herein, except as otherwise authorized by law. C. SUBCONTRACTS. For the benefit of the State, the Contractor shall include the language of this paragraph in all Subcontracts, in order to require the subcontractor(s) to comply with the record maintenance and access conditions described above. Section 9. Remedies,Termination Provisions,Insurance The Standard Specifications,which are incorporated herein by reference,contain provisions for remedies,termination and insurance. The Contractor agrees to comply with such provisions. Section 10. Funding The parties expressly recognize and agree that this Contract is subject to and contingent upon the continuing availability of federal and state funds for the purposes hereof. In the event that the Department does not receive such funds or any part thereof,the Department may immediately terminate this Contract without liability,including liability 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 11. 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: Brian Long Greg Nejezchleb CDOT Region: 2 CASTLE ROCK CONST CO OF COLO LLC 2402 South Main St 6374 SOUTH RACINE CIRCLE Lamar,CO 81052 CENTENNIAL,CO 80111 719-336-3228 303-688-6611 briand.long@state.co.us Section 12. 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 13. 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. Document Builder Generated Page 3 of 28 Rev. 12/09/2016