2021-03-18_PERMIT FILE - M2021014 (3)

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VUI:U0IIYI1 CI I VCIUpC I V. Liz I�U IF I U,31 I uzou PO:461001608 Routing#:21-HA4-ZG-00096 Agency or Department Name: Department of Transportation Department or Agency Number:HA4 Contract Routing Number: 2 1-HA4-ZG-00096 CM/GC CONSTRUCTION PROJECT CONTRACT THIS CONTRACT, made this day of day of 3/8/2021 , by and between the State of Colorado for the use and benefit of the Department of Transportation, hereinafter referred to as "the State" or "the Department"and Castle Rock Construction Company of Colorado,LLC,hereinafter referred to as"the Contractor". RECITALS 1. Authority exists in the Law and Funds have been budgeted,appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Number461001608inFund Number 400, Funds Center R4290-010, Functional Area 3300, GL Account 4231100011. 2. Required approval,clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to section 24-93-106,CRS,the State issued a Request for Proposals for a public project and the Contractor and the State have negotiated the terms for construction costs in accordance with State law for Project Number NHPP R400- 370(22975). THE PARTIES THEREFORE AGREE AS FOLLOWS: Section 1.Scope of Work The Contractor shall, in a good and workmanlike manner at his own cost and expense, and strictly in accordance with this Contract, furnish all materials and do all work not herein specifically excepted, necessary or incidental to the complete construction of Colorado Project No. NHPP R400-370 (22975) consisting of highway construction of US 287 & SH 40 Passing Lanes—Construction Package 1 in Cheyenne and Lincoln Counties in the State of Colorado as described in the plans and specifications for the project. Section 2.Construction Agreed Price The parties executed a CM/GC Services Contract between the State and the Contractor dated December 7,2020,CMS#2 1- HA4-ZF-00005("CM/GC Services Contract").For all capitalized terms used herein without a specified definition,they shall have the meaning given in the CM/GC Services Contract. For this Contract, the Construction Agreed Price("CAP") is the maximum amount for which work in any Construction Phase shall be accomplished by Contractor. The CAP is the sum of the total direct cost of construction(as determined pursuant to Section 9.5 of the CM/GC Services Contract)("Total Direct Cost of Construction") and the applied CM/GC Management Fee Percentage to execute the work pursuant to the Plans, Specifications,and Estimates provided by CDOT for each Bid Package.Payment for the work by Contractor for the specified Construction Phase Bid Package will be paid as defined in Section 6 of this Contract. Except for contract changes approved by the State in accordance with Section 16 of this Contract, the CAP will not be increased. The Contractor assumes all risk for performance of the work for the specified Construction Phase Bid Package, including management of its subcontractors,suppliers,and any associated cost impacts over and above the CAP. Page 1 of 8