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PO#:461001190 <br /> Routing#: 19-HA4-ZG-00058 <br /> The Contractor shall not perform Work that creates a financial obligation for the State exceeding the amount of the <br /> Encumbrance Amount. During a current fiscal year, if Contractor anticipates exceeding the Encumbrance Amount <br /> that was contained in the Payment Schedule or Payment Schedule Update that was approved on or before April 1, <br /> Contractor shall notify the Resident Engineer in writing and comply with CDOT Special Provision 108.04. <br /> Section 6. Payment and Performance Bond <br /> This Contract shall not take effect or be in force until the Contractor shall have furnished and delivered to the State a <br /> Payment and Performance Bond, attached hereto as Exhibits B and C, acceptable to the State, in a penal sum equal <br /> to the nearest integral $100.00 in excess of the Project Commitment Amount duly executed by a corporate surety, <br /> qualified and licensed to do business in Colorado and maintaining a general agent therein. The Project Commitment <br /> Amount is the total bid per"Schedule" hereto attached plus the estimated amount of force account items designated <br /> for bonding in the Project Special Provisions. <br /> Section 7. Legal Authority <br /> The Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions <br /> required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its <br /> undersigned signatory to execute this Contract and to bind the Contractor to its terms. The person(s) executing this <br /> Contract on behalf of the Contractor warrant(s)that such person(s)have full authorization to execute this Contract. <br /> Section 8. Incorporated Terms and Conditions <br /> The Contractor understands and agrees that the Contractor's Proposal,the Plans,the Standard Specifications for Road <br /> and Bridge Construction,and any Special Provisions for this Project, all being applicable to the project are each and <br /> all incorporated into and made a part of the terms and conditions of this Contract. These documents are on file in the <br /> office of the Department of Transportation at Denver, Colorado, together with such alterations and modifications as <br /> may be made in accordance with the provisions of said Plans and Specifications. The Contractor further agrees to <br /> adhere to the Federal Requirements in Exhibit D attached hereto. <br /> Section 9. Records <br /> A. MAINTENANCE. The Contractor(and any subcontractor)shall maintain a complete file of all books,records, <br /> accounts,and other written or computerized materials which pertain to the accounting and performance of work, <br /> the delivery of services,and the compliance with applicable requirements under this Contract,and shall maintain <br /> such records for a period of three(3)years after the date of termination of the Contract,or for such further period <br /> as may be necessary to resolve any matters which may be pending. <br /> B. ACCESS. The Contractor (and any subcontractor) shall permit the State, the FHWA, and their designated <br /> representatives,during normal business hours,to access all books,records,accounts,and other relevant material <br /> concerning the work performed or services provided under this Contract for the purpose of investigation,audit, <br /> and copying to ascertain compliance with, or to detect violation of, any applicable Federal and/or State law or <br /> regulation or with the terms of the Contract, or to evaluate performance under the Contract. All records or <br /> information obtained in this manner shall be used only for the purpose described herein, except as otherwise <br /> authorized by law. <br /> C. SUBCONTRACTS. For the benefit of the State, the Contractor shall include the language of this section in all <br /> Subcontracts,in order to require the subcontractor(s)to comply with the record maintenance and access conditions <br /> described above. <br /> Section 10. Remedies,Termination Provisions,Insurance <br /> The Standard Specifications,which are incorporated herein by reference,contain provisions for remedies,termination <br /> and insurance. The Contractor agrees to comply with such provisions. <br /> Section 11. Funding <br /> The parties expressly recognize and agree that this Contract is subject to and contingent upon the continuing <br /> availability of federal and state funds for the purposes hereof. In the event that the Department does not receive such <br /> funds or any part thereof,the Department may immediately terminate this Contract without liability,including liability <br /> Document Builder Generated Page 3 of 33 <br /> Rev. 12/09/2016 <br />