2023-08-18_GENERAL DOCUMENTS - M1977377

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satisfaction of the State and its Project Manager in strict accordance with the provisions of the Contract Documents. b. The Contractor shall furnish all the work,labor and materials and perform all the work required for the complete and prompt execution of everything described or shown in,or reasonably implied from the Contract Documents above described project. c. The Contractor shall complete the entire project within the Performance Time as shown in the Project Summary Table. The Contractor shall begin work within ten days from the Notice to Proceed and to prosecute the work with due diligence to completion. The Contractor agrees that the completion of the project within the Performance Time is an essential feature of this Contract and agrees to proceed with due diligence,taking all precautions and making all necessary arrangements to ensure the completion of the work within the prescribed time. d. The Contractor agrees that failure to complete the work within the time allowed shall be considered as a breach of the Contract and entitle the State of Colorado to collect liquidated damages for delay in completion,in accordance with the bid documents. 6. PAYMENT The State shall pay the Contractor an amount not to exceed the Contract Maximum Amount specified in the Project Summary Table for performance of this Contract,subject to any additions or deductions as provided in the Contract Documents. Payments under this Contract are subject to the terms and conditions outlined in the GCs. Commented[4]:For Design/Build contracts(or those that include a Professional Services component)use the following paragraph here(choose one of the two highlighted sentences 7. GENERAL PROVISIONS and update the exhibit reference as necessary): a. Binding Effect "The State shall pay the Contractor an amount not to exceed Except as otherwise provided in the GCs,all provisions of this Contract,including the benefits and the Contract Maximum Amount specified in the Project burdens,shall extend to and be binding upon the Parties'respective successors and assigns. Summary Table for performance of this Contract,subject to b. Captions and References any additions or deductions as provided in the Contract Documents. For design services,payment shall be made The captions and headings in this Contract are for convenience of reference only,and shall not be based upon the rates specified in Exhibit A,Wage Rates, used to interpret,define,or limit its provisions.All references in this Contract to sections(whether which is attached hereto and made a part hereof by reference in accordance with the Contract requirements within the not- spelled out or using the§symbol),subsections,exhibits or other attachments,are references to to-exceed subtotal for design services in the Bid Schedule sections,subsections,exhibits or other attachments contained herein or incorporated as a part herein OR the lump sum fee for tasks and specific deliverables as outlined in the Bid Schedule. Payments hereof,unless otherwise noted. under this Contract for construction activities are subject to the c. Counterparts terms and conditions outlined in the GCs." This Contract may be executed in multiple,identical,original counterparts,each of which shall be deemed to be an original,but all of which,taken together,shall constitute one and the same agreement. d. Entire Understanding This Contract represents the complete integration of all understandings between the Parties related to the project,and all prior representations and understandings related to the project,oral or written,are merged into this Contract.Prior or contemporaneous additions,deletions,or other changes to this Contract shall not have any force or effect whatsoever,unless embodied herein. e. Jurisdiction and Venue All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. f. Modification Except as otherwise provided in this Contract,any modification to this Contract shall only be effective if agreed to in a formal amendment to this Contract,properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. g. Statutes,Regulations,Fiscal Rules,and Other Authority Page 3 of 12 Rev.March 2023