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Section S. Payment and Performance Bond <br />This Contract shall not take effect or be in force until the Contractor shall have furnished <br />and delivered to the State a Payment and Performance Bond, attached hereto as Exhibits B <br />and C, acceptable to the State, in a penal sum equal to the nearest integral $100.00 in <br />excess of the Project Commitment Amount duly executed by a corporate surety, qualified <br />and licensed to do business in Colorado and maintaining a general agent therein. The <br />Project Commitment Amount is the total bid per "Schedule" hereto attached plus the <br />estimated amount of force account items designated for bonding in the Project Special <br />Provisions. <br />Section 6. Legal Authority <br />The Contractor warrants that it possesses the legal authority to enter into this Contract and <br />that it has taken all actions required by its procedures, by -laws, and/or applicable law to <br />exercise that authority, and to lawfully authorize its undersigned signatory to execute this <br />Contract and to bind the Contractor to its terms. The person(s) executing this Contract on <br />behalf of the Contractor warrant(s) that such person(s) have full authorization to execute <br />this Contract. <br />A. <br />B. <br />Section 7. Incorporated Terms and Conditions <br />The Contractor understands and agrees that the Contractor's Proposal, the Plans, the <br />Standard Specifications for Road and Bridge Construction, and any Special Provisions for <br />this Project, all being applicable to the project are each and all incorporated into and made <br />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 <br />alterations and modifications as may be made in accordance with the provisions of said <br />Plans and Specifications. The Contractor further agrees to adhere to the Federal <br />Requirements in Exhibit D attached hereto. <br />Section S. Records <br />MAINTENANCE. The Contractor (and any subcontractor) shall maintain a complete <br />file of all books, records, accounts, and other written or computerized materials which <br />pertain to the accounting and performance of work, the delivery of services, and the <br />compliance with applicable requirements under this Contract, and shall maintain such <br />records for a period of three (3) years after the date of termination of the Contract, or <br />for such further period as may be necessary to resolve any matters which may be <br />pending. <br />ACCESS. The Contractor (and any subcontractor) shall permit the State, the FHWA, <br />and their designated representatives, during normal business hours, to access all books, <br />records, accounts, and other relevant material concerning the work performed or <br />services provided under this Contract for the purpose of investigation, audit, and <br />copying to ascertain compliance with, or to detect violation of any applicable Federal <br />3 <br />63 <br />