2018-04-26_PERMIT FILE - M2018020

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PO# 461001084 Routing# 18-HA4-ZG-00105 6. This Contract proper 7. The Contractor's Proposal, Exhibit A 8. The Contract Exhibits and Attachments in descending order Section 3. Performance Period n The Contract shaJpe effective u n approval by the State Controller, or designee, or on �,--L /( whichever is later ("Effective Date"). The Contract s all terminate upon the date of final payment for the work or final audit of the work, whichever is pertinent to this Contract, unless earlier terminated by the State. The Contractor understands and agrees that any contract work performed or costs incurred prior to the Effective Date shall not be compensated under the terms of this Contract. The parties agree that"time is of the essence" and that work shall begin under this Contract and that all work must be completed as set forth in the project special provisions. Section 4. Price—Payment Terms The State shall pay the Contractor, according to the requirements of the specifications and subject to the following paragraph, the amounts required for the completed work at the unit prices set forth in the Contractor's Proposal, and such further amounts as may be required for extra work or materials,all according to the provisions and subject to the conditions as set forth in the specifications above referred to. Payment pursuant to this Contract will be made, as described in the specifications, from available funds that are currently encumbered for this Contract in a maximum amount not to exceed$5,663,132.48. The liability of the State for payment shall be limited to such funds. Section 5. Payment and Performance Bond 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. Section 6. Legal Authority The Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and to bind the Contractor to its terms. The person(s)executing this Contract on behalf of the Contractor warrant(s)that such person(s)have full authorization to execute this Contract. Section 7. Incorporated Terms and Conditions The Contractor understands and agrees that the Contractor's Proposal,the Plans,the Standard Specifications for Road and Bridge Construction, and any Special Provisions for this Project, all being applicable to the project are each and all incorporated into and made a part of the terms and conditions of this Contract. These documents are on file in the office of the Department of Transportation at Denver, Colorado, together with such alterations and modifications as may be made in accordance with the provisions of said Plans and Specifications. The Contractor further agrees to adhere to the Federal Requirements in Exhibit D attached hereto. Section 8. Records A. MAINTENANCE. The Contractor (and any subcontractor) shall maintain a complete file of all books, records, accounts, and other written or computerized materials which pertain to the accounting and performance of work, the delivery of services, and the compliance with applicable requirements under this Contract,and shall maintain such records for a period of three(3)years after the date of termination of the Contract,or for such further period as may be necessary to resolve any matters which may be pending. Document Builder Generated Page 2 of 30 Rev 12/09/2016