Laserfiche WebLink
UUI.UJIyl I CI IVCIUpe IU...11 ID rom-o ru-YOO I-/1OOJ-•1 I I 4OJOOOC4U <br /> PO#:461002243 <br /> Routing#:24-HA4-ZG-00107 <br /> the public interest of the State, the State, in its discretion, may terminate this Contract in <br /> whole or in part in accordance with the Standard Specifications Section 108.11. This <br /> subsection shall not apply to a termination of this Contract by the State for breach by <br /> Contractor, which shall be governed by Standard Specifications Sections 108.10 and 108.11. <br /> 3. AUTHORITY <br /> Authority to enter into this Contract exists in §24-92-103, C.R.S., based on the State's issued <br /> Invitation for Bids for a transportation construction Project identified on the Cover Page of this <br /> Contract. The Contractor's bid was selected in accordance with Federal and State law as a result <br /> of the Project advertisement. <br /> 4. DEFINITIONS <br /> The following terms shall be construed and interpreted as follows: <br /> A. "Breach of Contract" means the failure of a Party to perform any of its obligations in <br /> accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The <br /> institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, <br /> by or against Contractor, or the appointment of a receiver or similar officer for Contractor or <br /> any of its property,which is not vacated or fully stayed within 30 days after the institution of <br /> such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under <br /> §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 13, "Default of Contract". <br /> B. "Business Day" means any day in which the State is open and conducting business, but shall <br /> not include Saturday, Sunday, or any day on which the State observes one of the holidays <br /> listed in §24-11-101(1), C.R.S. <br /> C. "Chief Procurement Officer" means the individual to whom the Chief Engineer has <br /> delegated his or her authority pursuant to §43-1-110, C.R.S. to procure or supervise the <br /> procurement of all contracts for the construction or maintenance of federal or state highways <br /> and mass transportation projects needed by the State. <br /> D. "Contract"means this agreement between the State of Colorado through the Department of <br /> Transportation and the Contractor setting forth the obligations of the Parties for the <br /> performance of the Work and the basis of payment. The Contract includes the invitation for <br /> bids, proposal, contract bonds, standard specifications, special provisions, general and <br /> detailed plans, notice to proceed, contract modification orders, and authorized extensions of <br /> time, all of which constitute one instrument. <br /> E. "Contract Funds" means the funds that have been appropriated, designated, encumbered, <br /> or otherwise made available for payment by the State under this Contract. <br /> F. "Contract Maximum Amount" means the total not to exceed amount of the Contract <br /> identified by the State for completing the Project that includes the Contractor's bid proposal <br /> and required force account amounts identified in the Project special provisions. <br /> G. "CORA"means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. <br /> H. "Effective Date" means the date on which this Contract is approved and signed by the <br /> Colorado State Controller or designee, as shown on the Signature Page for this Contract. If <br /> this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), <br /> C.R.S., then the Effective Date of this Contract shall be the later of the date on which this <br /> Contract is approved and signed by the State's Chief Information Officer or authorized <br /> Page 4 of 63 <br />