2023-04-05_PERMIT FILE - M2023010

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DocuSign Envelope ID:3ABDCDAE-4B84-4B22-A37C-A4D48BC759BA PO#:461001885 Routing#:22-HA4-ZG-00115 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. Indefinite Quantity Contract,Funding Letter This Contract is an indefinite quantity contract for the Services and Materials specified herein. The number of units of each required to complete the Work may change.The parties have estimated the quantity and cost of such Services and Materials,but such estimates may vary from actual required quantities and costs. i. Contract 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 Contract Funds specified herein. The Contractor shall notify the State Representative in writing, using a form substantially equivalent to the sample Notification of Commitments Within 10% of Original Bid, attached as Exhibit E, when State commitments, paid and unpaid, are within 10% of the amount of available Contract Funds. The State is not liable beyond the amount of Contract Funds specified as available on the Signature and Cover Page for this Contract. ii. The State may increase or decrease Contract Funds available on this Contract by issuing 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 unless and until the State Controller or his designee has approved. 7. PAYMENT AND PERFORMANCE BONDS This contract shall not take effect or be in force until the contractor shall have furnished and delivered to the state a payment and performance bond, attached hereto as Exhibits B and C, acceptable to the state, in a penal sum equal to the nearest integral $100.00 in excess of the project commitment amount duly executed by a corporate surety, qualified and licensed to do business in Colorado and maintaining a general agent therein. The project commitment amount is the total bid per "schedule" hereto attached plus the estimated amount of force account items designated for bonding in the project special provisions. 8. REPORTING-NOTIFICATION A. Litigation Reporting If Contractor is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Contract or may affect Contractor's ability to perform its obligations under this Contract,Contractor shall,within 10 days after being served,notify the State of such action and deliver copies of such pleading or document to the State's Principal Representative identified on the Cover Page of this Contract. 9. CONTRACTOR RECORDS A. Maintenance Contractor shall maintain a file of all documents,records,communications,notes and other materials relating to the Work (the "Contractor Records"). Contractor Records shall include all documents, records, communications,notes and other materials maintained by Contractor that relate to any Work performed by Subcontractors, and Contractor shall maintain all records related to the Work performed by Subcontractors required to ensure proper performance of that Work. Contractor shall maintain Contractor Records until the last to occur of: (i)the date 3 years after the date this Contract expires or is terminated, (ii) final payment under this Contract is made,(iii)the resolution of any pending Contract matters,(iv)if an audit is occurring, or Contractor has received notice that an audit is pending, the date such audit is completed and its findings have been resolved(the"Record Retention Period")or the period for which is identified for record retention in the Standard Specifications. Document Builder Generated Page 6 of 51 Version 0419