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IJULUOI9II CI IVCIUyC IU JI Of LrOM-OLr J-+Do I-/1DOJ-4 I IYOJDODC4U <br /> PO#:461002243 <br /> Routing#:24-HA4-ZG-00107 <br /> 5. STATEMENT OF WORK AND INCORPORATED DOCUMENTS <br /> A. Scope of Work <br /> Contractor shall complete the Work as described in this Contract in accordance with the <br /> provisions of the Project Plans and Specifications, and CDOT's Standard Specifications. <br /> B. Incorporated Documents <br /> Contractor understands and agrees that the Contractor's Proposal, the Plans, the Standard <br /> Specifications for Road and Bridge Construction, and any Special Provisions for the <br /> Project, all being applicable to the Project are each and all incorporated into and made a <br /> part of the terms and conditions of this Contract. These documents are on file in the <br /> Department together with such alterations and modifications as may be made in accordance <br /> with the provisions of said Plans and Specifications. Contractor further agrees to adhere to <br /> the Federal Requirements in Exhibits D, H and I of the Contract. <br /> 6. PAYMENTS TO CONTRACTOR <br /> A. Maximum Amount <br /> Payments to Contractor are limited to the unpaid, obligated balance of the encumbered <br /> Contract Funds. The State shall not pay Contractor any amount under this Contract that <br /> exceeds the Contract Maximum that is shown on the Cover Page for this Contract. <br /> B. Payment Procedures <br /> The State shall pay Contractor in the amounts and in accordance with the requirements of the <br /> Standard Specifications and the Supplemental Specifications, for the completed Work at the <br /> unit prices set forth in the Contractor's Proposal attached as Exhibit A, and such further <br /> amounts as may be required for extra Services or Materials provided according to the <br /> provisions and subject to the conditions set forth in the Standard and Supplemental <br /> Specifications. <br /> The State is prohibited by law from making commitments beyond the term of the current <br /> State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year is contingent <br /> on the appropriation and continuing availability of Contract Funds in any subsequent year(as <br /> provided in the Colorado Special Provisions). If federal funds or funds from any other non- <br /> State funds constitute all or some of the Contract Funds the State's obligation to pay <br /> Contractor shall be contingent upon such non-State funding continuing to be made available <br /> for payment.Payments to be made pursuant to this Contract shall be made only from Contract <br /> Funds, and the State's liability for such payments shall be limited to the amount remaining <br /> of such Contract Funds. If State, federal or other funds are not appropriated, or otherwise <br /> become unavailable to fund this Contract, the State may, upon written notice, terminate this <br /> Contract, in whole or in part, without incurring further liability. The State shall, however, <br /> remain obligated to pay for Services and Materials that are delivered and accepted prior to <br /> the effective date of notice of termination, and this termination shall otherwise be treated as <br /> if this Contract were terminated in the public interest as described in the Standard <br /> Specification 108.11. <br /> C. Incremental Encumbrance <br /> This is an Incremental Encumbrance Project, as authorized by CRS §24-91-103.6 <br /> (7)(a). Pursuant to subsection (2) of CRS §24-91-103.6, not all of the funds needed to pay <br /> Page 7 of 63 <br />