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DocuSign Envelope ID:3ABDCDAE-4B84-4B22-A37C-A4D48BC759BA
<br /> PO#:461001885
<br /> Routing#:22-HA4-ZG-00115
<br /> A. "Breach of Contract"means the failure of a Party to perform any of its obligations in accordance with this
<br /> Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any
<br /> bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a
<br /> receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within
<br /> 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or
<br /> suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or
<br /> suspension shall constitute a breach. See also Contract Section 12,"Default".
<br /> B. "Chief Procurement Officer"means the individual to whom the Chief Engineer has delegated his or her
<br /> authority pursuant to §43-1-110, C.R.S. to procure or supervise the procurement of all contracts for the
<br /> construction or maintenance of federal or state highways and mass transportation projects needed by the state.
<br /> C. "Contract"means this agreement between the State of Colorado through the Department of Transportation
<br /> and the Contractor setting forth the obligations of the Parties for the performance of the work and the basis
<br /> of payment. The Contract includes the invitation for bids,proposal,contract bonds, standard specifications,
<br /> special provisions,general and detailed plans,notice to proceed,contract modification orders,and authorized
<br /> extensions of time,all of which constitute one instrument.
<br /> D. "Contract Funds"means the funds that have been appropriated,designated,encumbered,or otherwise made
<br /> available for payment by the State under this Contract.
<br /> E. "CORA"means the Colorado Open Records Act, §§24-72-200.1 et. seq.,C.R.S.
<br /> F. "Effective Date" means the date on which this Contract is approved and signed by the Colorado State
<br /> Controller or designee, as shown on the Signature and Cover Page for this Contract. If this Contract is for a
<br /> Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S.,then the Effective Date of
<br /> this Contract shall be the later of the date on which this Contract is approved and signed by the State's Chief
<br /> Information Officer or authorized delegate or the date on which this Contract is approved and signed by the
<br /> State Controller or authorized delegate,as shown on the Signature Page for this Contract.
<br /> G. "Exhibits" means the following exhibits attached to this Contract as shown on the Cover Page for this
<br /> Contract.
<br /> H. "Extension Term"means the time period defined in§2.E.
<br /> I. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the
<br /> unauthorized access loss, disclosure, modification, disruption, or destruction of any communications or
<br /> information resources of the State, which are included as part of the Work, as described in §§24-37.5-401,
<br /> et. seq., C.R.S. Incidents include,without limitation,(i)successful attempts to gain unauthorized access to a
<br /> State system or State Information regardless of where such information is located; (ii)unwanted disruption
<br /> or denial of service;(iii)the unauthorized use of a State system for the processing or storage of data;or(iv)
<br /> changes to State system hardware, firmware, or software characteristics without the State's knowledge,
<br /> instruction,or consent.
<br /> J. "Initial Term"means the time period defined in§2.C.
<br /> K. "Materials"means all components required for use in the construction of the project.
<br /> L. "Party"means the State or Contractor,and"Parties"means both the State and Contractor.
<br /> M. "PII" means personally identifiable information including, without limitation, any information maintained
<br /> by the State about an individual that can be used to distinguish or trace an individuals identity,such as name,
<br /> social security number, date and place of birth,mother's maiden name,or biometric records; and any other
<br /> information that is linked or linkable to an individual, such as medical, educational, financial, and
<br /> employment information.PII includes,but is not limited to,all information defined as personally identifiable
<br /> information in§24-72-501 C.R.S.
<br /> N. "PHI"means any protected health information, including,without limitation any information whether oral
<br /> or recorded in any form or medium: (i)that relates to the past,present or future physical or mental condition
<br /> of an individual;the provision of health care to an individual; or the past,present or future payment for the
<br /> provision of health care to an individual;and(ii)that identifies the individual or with respect to which there
<br /> is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is
<br /> not limited to,any information defined as Individually Identifiable Health Information by the federal Health
<br /> Insurance Portability and Accountability Act.
<br /> O. "Plans" means the plans adopted for this project, including the "Detailed Plans" that are found at
<br /> https://cdot.dbesystem.com/.
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