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DocuSign Envelope ID: 06471351-D215-49B2-BB65-13D66546F2E3 <br />OLA #: 331002108 <br />Routing #: 20-HA4-XC-03036 <br />End Date, as shown in Exhibit C. <br />B. Initial Term <br />The Parties' respective performances under this Agreement shall commence on the Agreement Effective <br />Date shown on the Signature and Cover Page for this Agreement and shall terminate on the date of notice <br />of CDOT final acceptance ("Agreement Expiration Date") shown on the Signature and Cover Page for <br />this Agreement, unless sooner terminated or further extended in accordance with the terms of this <br />Agreement. <br />C. Early Termination in the Public Interest <br />The State is entering into this Agreement to serve the public interest of the State of Colorado as <br />determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public <br />interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. This <br />subsection shall not apply to a termination of this Agreement by the State for breach by Local Agency, <br />which shall be governed by §14.A.i. <br />i. Method and Content <br />The State shall notify Local Agency of such termination in accordance with §16. The notice shall <br />specify the effective date of the termination and whether it affects all or a portion of this Agreement. <br />ii. Obligations and Rights <br />Upon receipt of a termination notice for termination in the public interest, Local Agency shall be <br />subject to §14.A.i.a <br />iii. Payments <br />If the State terminates this Agreement in the public interest, the State shall pay Local Agency an <br />amount equal to the percentage of the total reimbursement payable under this Agreement that <br />corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the <br />State, less payments previously made. Additionally, if this Agreement is less than 60% completed, <br />as determined by the State, the State may reimburse Local Agency for a portion of actual out-of- <br />pocket expenses, not otherwise reimbursed under this Agreement, incurred by Local Agency which <br />are directly attributable to the uncompleted portion of Local Agency's obligations, provided that the <br />sum of any and all reimbursement shall not exceed the maximum amount payable to Local Agency <br />hereunder. <br />3. AUTHORITY <br />Authority to enter into this Agreement exists in the law as follows: <br />A. Federal Authority <br />Pursuant to Title I, Subtitle A, of the "Fixing America's Surface Transportation Act" (FAST Act) of <br />2015, and to applicable provisions of Title 23 of the United States Code and implementing regulations <br />at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter <br />as the "Federal Provisions"), certain federal funds have been and are expected to continue to be allocated <br />for transportation projects requested by Local Agency and eligible under the Surface Transportation <br />Improvement Program that has been proposed by the State and approved by the Federal Highway <br />Administration ("FHWA"). <br />B. State Authority <br />Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible <br />for the general administration and supervision of performance of projects in the Program, including the <br />administration of federal funds for a Program project performed by a Local Agency under a contract <br />with the State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, <br />43-2-101(4)(c) and 43-2-104.5. <br />4. PURPOSE <br />The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT's <br />Stewardship Agreement with the FHWA. <br />Document Builder Generated Page 3 of 25 <br />Rev. 12/09/2016 <br />