2020-05-21_PERMIT FILE - M2020024

• Permit No: M2020024
• IBM Index Class Name: PERMIT FILE
• Doc Date: 5/21/2020
• Doc Name: Completeness Response
• From: Greg Lewicki and Associates
• To: DRMS
• Email Name: SJM
• Media Type: D
• Archive: No

DocuSign Envelope ID:091B214E-43C3-46BE-858E-7D244AE75A25
PO#:461001440
Routing#:20-HA5-ZG-03104
5. STATEMENT OF WORK
Contractor shall complete the work as described in this contract in accordance with the provisions of the project
plans and specifications,and CDOT's Standard Specifications.
6. PAYMENTS TO CONTRACTOR
A. Maximum Amount
Payments to Contractor are limited to the unpaid,obligated balance of the encumbered Contract Funds.The
State shall not pay Contractor any amount under this Contract that exceeds the Contract Maximum that is
shown on the Signature and Cover Page for this Contract.
B. Payment Procedures
The State shall pay Contractor in the amounts and in accordance with the requirements of the Standard
Specifications and the Supplemental Specifications,for the completed Work at the unit prices set forth in the
Contractor's Proposal attached as Exhibit A,and such further amounts as may be required for extra Services
or Materials provided according to the provisions and subject to the conditions set forth in the Standard and
Supplemental Specifications.
The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year.
Payment to Contractor beyond the current State Fiscal Year is contingent on the appropriation and continuing
availability of Contract Funds in any subsequent year(as provided in the Colorado Special Provisions). If
federal funds or funds from any other non-State funds constitute all or some of the Contract Funds,the State's
obligation to pay Contractor shall be contingent upon such non-State funding continuing to be made available
for payment. Payments to be made pursuant to this Contract shall be made only from Contract Funds, and
the State's liability for such payments shall be limited to the amount remaining of such Contract Funds. If
State,federal or other funds are not appropriated,or otherwise become unavailable to fund this Contract,the
State may,upon written notice,terminate this Contract,in whole or in part,without incurring further liability.
The State shall,however,remain obligated to pay for Services and Materials that are delivered and accepted
prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this
Contract were terminated in the public interest as described in the Standard Specification 108.11.
C. incremental Encumbrance
This is an Incremental Encumbrance project, as authorized by CRS §24-91-103.6 (7)(a). Pursuant to
subsection (2)of CRS §24-91-103.6, not all of the funds needed to pay for the performance of the entire
project authorized by this Contract will be encumbered, in advance,when the Contract is executed.
i. Prior to execution of this Contract, Contractor shall provide to State an Initial Payment Schedule
(the Payment Schedule) specifying funding of the Contract and timing of payments by State to
Contractor. The Payment Schedule shall be submitted in the format provided by the State and comply
with CDOT Special Provisions 108.04 and 109.06. The Payment Schedule shall be signed by a
representative of the Contractor listed on Exhibit H, who is authorized to contractually bind the
Contractor and shall constitute a firm offer to provide the Work under the Contract pursuant to the
Payment Schedule. The Initial Payment Schedule is attached as Exhibit F.
ii. Pursuant to the Payment Schedule, CDOT shall encumber the amount shown on the Signature Cover
Page of this Contract for the current fiscal year (the Encumbrance Amount), which is the maximum
amount of CDOT's financial obligation under this Contract as of the Effective Date of this Contract.The
Encumbrance Amount and the resulting maximum amount of CDOT's financial obligation under this
Contract may be modified by submission of a Payment Schedule update by the Contractor and
acceptance by Option Letter(see Exhibit G)by the State,as described in§6.C.iii. Proposed Payment
Schedule update approved by the State and incorporated into the Contract constitute the State's
acceptance of the Payment Schedule for the current fiscal year.Contractor's compensation beyond the
State's current fiscal year is contingent upon the continuing availability of State appropriations as
provided in the Colorado Special Provisions.If federal funds are used to fund this Contract,in whole or
in part,the State's performance hereunder is contingent upon the continuing availability of such funds.
If State or federal funds are not appropriated,or otherwise become unavailable to fund this Contract,the
State may terminate this Contract immediately,in whole or in part,without further liability in accordance
with the provisions hereof.
iii. Annually,Contractor shall submit Payment Schedule updates by April 1.CDOT may unilaterally modify
the Encumbrance Amount for future fiscal years using an Option Letter form substantially equivalent
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