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DocuSign Envelope ID: 091 B214E-43C3-46BE-858E-7D244AE75A25 <br /> PO#:461001440 <br /> Routing#:20-RA5-ZG-03104 <br /> 1. PARTIES <br /> This Contract is entered into by and between Contractor named on the Signature and Cover Page for this Contract <br /> (the "Contractor"), and the STATE OF COLORADO acting by and through the State agency named on the <br /> Signature and Cover Page for this Contract(the"State"or"Department"). Contractor and the State agree to the <br /> terms and conditions in this Contract. <br /> 2. TERM AND EFFECTIVE DATE <br /> A. Effective Date <br /> This Contract shall not be valid or enforceable until the Effective Date.The State shall not be bound by any <br /> provision of this Contract before the Effective Date and shall have no obligation to pay Contractor for any <br /> Work performed or expense incurred before the Effective Date or after the expiration or sooner termination <br /> of this Contract. <br /> B. Notice to Proceed <br /> The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The "Notice to <br /> Proceed"will stipulate the date on which contract time commences.When the Contractor proceeds with work <br /> prior to that date, contract time will commence on the date work actually begins. The Contractor shall <br /> commence work under the Contract on or prior to the 15th day following Contract execution or the 30th day <br /> following the date of award,whichever comes later,or in accordance with the selected start date allowed in <br /> the project special provisions. <br /> C. Initial Term <br /> The Parties' respective performances under this Contract shall commence and terminate pursuant to the <br /> Project Special Provisions and the Department's Standard Specifications for Road and Bridge Construction <br /> ("Standard Specifications"),Section 108.08(the"Initial Term")unless sooner terminated or further extended <br /> in accordance with the terms of this Contract. The Parties agree that"time is of the essence" and that the <br /> Work shall begin under this Contract and must be completed as set forth in the Project Special Provisions <br /> incorporated by reference. <br /> D. Completion Date <br /> When the Contract specifies a completion date,all work under the Contract shall be completed on or before <br /> that date.No extension of the completion date will be allowed for inclement weather,foreseeable causes,or <br /> conditions under the control of the Contractor.If all work under the Contract is not completed on or before <br /> the specified completion date,contract time will be assessed for each additional calendar day in accordance <br /> with the Standard Specifications Subsection 108.08(a). <br /> E. Extension of Contract Time <br /> For time extension requests,the Contractor shall provide a two-part submittal in accordance with the Standard <br /> Specifications Section 108.08 (d);part one shall consist of a written notice of the delay and part two shall <br /> consist of the Contractor's delay documentation and supporting analysis. <br /> F. Early Termination in the Public Interest <br /> The State is entering into this Contract to serve the public interest of the State of Colorado as determined by <br /> its Governor,General Assembly,or Courts.If this Contract ceases to further the public interest of the State, <br /> the State, in its discretion,may terminate this Contract in whole or in part in accordance with the Standard <br /> Specifications Section 108.11.This subsection shall not apply to a termination of this Contract by the State <br /> for breach by Contractor,which shall be governed by Standard Specifications Sections 108.10 and 108.11. <br /> 3. AUTHORITY <br /> Authority to enter into this Contract exists in 24-92-103, C.R.S.,based on the State's issued Invitation for Bids <br /> for a transportation construction Project 20626,NHPP 0171-105.The Contractor's bid was selected in accordance <br /> with Federal and State law as a result of the project advertisement. <br /> Document Builder Generated Page 3 of 53 Version 0819 <br />