2023-04-05_PERMIT FILE - M2022051 (3)

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DocuSign Envelope ID-07C464C4-FDB6-434A-A01B-558064E4E858 PO#:461001815 Routing#:22-14A3-ZG-00070 not been corrected within ten days of receipt of the notice, CDOT will find the Contractor in default. The Department may send a written notice of intent under this part(a)if the Contractor: (1) Fails to begin the Contract work within the time specified to begin work,or (2) Fails to perform the Contract work with sufficient resources to assure its timely completion,or (3) Discontinues the Contract work,or (4) Fails to resume discontinued Contract work,or (5) Becomes insolvent, is declared bankrupt,commits an act of bankruptcy or insolvency, allows a final judgment to remain unsatisfied for a period of ten calendar days,makes an assignment for the benefit of creditors,or (6) Fails to comply with the Contract regarding minimum wage payments, DBE requirements, or EEO requirements,or (7) Is a party to fraud.If the Contractor fails to correct the conditions identified in the notice of intent to find the Contractor in default within ten calendar days of receipt, the Department may serve the Contractor with an immediate notice of default and take prosecution of the work from the Contractor. Copies of the default notice will also be sent,by certified mail,to the Contractor and the Surety. Notwithstanding any provision of this Contract or the Standard Specifications to the contrary,the State, in its discretion,need not provide notice or a cure period and may immediately terminate this Contract in whole or in part or institute any other remedy in this Contract in order to protect the public interest of the State;or if Contractor is debarred or suspended by the federal government or the State under§24-109-105,C.R.S.,the State,in its discretion,need not provide notice or cure period and may terminate this Contract in whole or in part or institute any other remedy in this Contract as of the date that the debarment or suspension takes effect. B. The Department may send a written notice of intent to find the Contractor in default to the Contractor and the Surety by certified mail for the reason listed below.The notice will include a stop work order which will require the Contractor to cease work on the Contract Items that are unacceptable. The notice will describe the conditions causing the impending default, advise the Contractor of the actions required for remedy and state that if the conditions have not been corrected within ten days of receipt of the notice, CDOT will find the Contractor in default.The Department may send a written notice of intent under this subsection B if the Contractor fails to perform the work to Contract requirements or neglects or refuses to correct or remove and replace rejected materials or unacceptable work.The Contractor shall not resume work on the unacceptable Contract Items until the following conditions have been met: (1) The Contractor shall submit a written proposal to the Engineer outlining the procedures which will be followed by the Contractor to correct the unacceptable conditions,and; (2) The Engineer and the Contractor shall meet to discuss the written proposal,and; (3) The Engineer will issue written permission for the Contractor to commence work. If the Contractor fails to meet these three conditions within ten calendar days of receipt of the notice of intent to find the Contractor in default,or if at any time after the Contractor resumes work,the work does not meet Contract requirements or the Contractor again neglects or refuses to correct or remove and replace rejected materials or unacceptable work,the Department may serve the Contractor with an immediate notice of default and take prosecution of the work from the Contractor. Copies of the default notice will also be sent,by certified mail,to the Contractor and the Surety. C. In the case of default under either Standard Specifications subsection 108.10(a)or 108.10(b): (1) The Department will revoke the Contractor's Prequalification.If the Department chooses to rebid the remaining Contract work on this project,the Contractor will not be allowed to submit a bid for this work. (2) The Department may appropriate or use materials at the project site and contract with others to complete the remaining Contract work. (3) The Department will determine the methods used for completion of the Contract. (4) Resulting costs and charges incurred by the Department will be deducted from payments owed the Contractor. If such costs exceed the payment owed the Contractor, the Contractor and Surety shall reimburse the Department for these costs.These costs and charges may include but are not limited to: cost of Contract completion, including designing, advertising, bidding and awarding the remaining work and liquidated damages or disincentives. Document Builder Generated Page 11 of 59 Version 0819