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PO #: 471001006
<br />Routing #: 17-HA4-ZH-00077
<br />D. The Local Agency shall perform all maintenance services for the term of this agreement. The Local Agency's
<br />performance of such services shall comply with the same standards that are currently used by the State for the
<br />State's performance of such services, for similar type highways with similar use, in that year, as determined by
<br />the State. The State's Regional Transportation Director, or his representative, shall determine the then current
<br />applicable maintenance standards for the maintenance services. Any standards/directions provided by the State's
<br />representative to the Local Agency concerning the maintenance services shall be in writing. The Local Agency
<br />shall contact the State Region office and obtain those standards before the Local Agency performs such
<br />services.
<br />E. Performance Measures shall be accounted for within the duration of this contract. Performance Measures will
<br />be associated with signal/electrical maintenance, pavement marking maintenance and sign maintenance.
<br />Performance Measures shall be addressed once a year for all years of this Contract. Contractor shall develop
<br />an inspection schedule that insures all items listed in Exhibit A are inspected yearly. The inspection schedule
<br />shall be approved by CDOT project manager prior to initiating inspections. The Contractor shall submit
<br />performance documentation to CDOT Project manager no later than the April 10th of each calendar year
<br />covered by this Contract. Performance records shall be kept by the Contractor for the term of one year and a
<br />copy sent to the CDOT Project Manager listed in this Contract.
<br />Section 6. Record Keeping
<br />The Local Agency shall maintain a complete file of all records, documents, communications, and other written
<br />materials that pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a
<br />period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later,
<br />or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency
<br />shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and
<br />employees of the State and FHWA to inspect the project and to inspect, review and audit the project records.
<br />Section 7. Termination Provisions
<br />This contract may be terminated as follows:
<br />A. This Contract shall be terminated by either party, but only at the end of the State fiscal year (June 30), and only
<br />upon written notice thereof sent by registered, prepaid mail and received by the non -terminating party, not later
<br />than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the
<br />Local Agency only for that portion of the highway Maintenance Services actually and satisfactorily performed
<br />up to the effective date of that termination, and the Local Agency shall be responsible to provide such services
<br />up to that date, and the parties shall have no other obligations or liabilities resulting from that termination.
<br />Notwithstanding subparagraph A above, this contract may also be terminated as follows:
<br />B. Termination for Convenience. The State may terminate this contract at any time the State determines that the
<br />purposes of the distribution of moneys under the contract would no longer be served by completion of the
<br />project. The State shall effect such termination by giving written notice of termination to the Local Agency and
<br />specifying the effective date thereof, at least twenty (20) days before the effective date of such termination.
<br />C. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper
<br />manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants,
<br />agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for
<br />cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days
<br />opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of
<br />termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs
<br />and reports or other material prepared by the Local Agency under this contract shall, at the option of the State,
<br />become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any
<br />services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments
<br />advanced under the provisions of this contract.
<br />Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
<br />sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
<br />payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
<br />damages due to the State from the Local Agency is determined.
<br />If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
<br />Local Agency's action/inaction was excusable, such termination shall be treated as a termination for
<br />convenience, and the rights and obligations of the parties shall be the same as if the contract had been
<br />terminated for convenience, as described herein.
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<br />Rev. 3/31/2016
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