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DocuSign Envelope ID: 06471351-D215-49B2-BB65-13D66546F2E3 <br />OLA #: 331002108 <br />Routing #: 20-HA4-XC-03036 <br />5. DEFINITIONS <br />The following terms shall be construed and interpreted as follows: <br />A. "Agreement" means this agreement, including all attached Exhibits, all documents incorporated by <br />reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. <br />B. "Agreement Funds" means the funds that have been appropriated, designated, encumbered, or <br />otherwise made available for payment by the State under this Agreement. <br />C. "Award" means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal <br />Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and <br />conditions of the Federal Award specifically indicate otherwise. <br />D. "Budget" means the budget for the Work described in Exhibit C. <br />E. "Business Day" means any day in which the State is open and conducting business, but shall not include <br />Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) <br />C.R.S. <br />F. "Consultant" means a professional engineer or designer hired by Local Agency to design the Work <br />Product. <br />G. "Contractor" means the general construction contractor hired by Local Agency to construct the Work. <br />H. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. <br />"Effective Date" means the date on which this Agreement is approved and signed by the Colorado State <br />Controller or designee, as shown on the Signature and Cover Page for this Agreement. <br />J. "Evaluation" means the process of examining Local Agency's Work and rating it based on criteria <br />established in §6, Exhibit A and Exhibit E. <br />K. "Exhibits" means the following exhibits attached to this Agreement: <br />i. Exhibit A, Statement of Work. <br />ii. Exhibit B, Sample Option Letter. <br />iii. Exhibit C, Funding Provisions <br />iv. Exhibit D, Local Agency Resolution <br />v. Exhibit E, Local Agency Contract Administration Checklist <br />vi. Exhibit F, Certification for Federal -Aid Contracts <br />vii. Exhibit G, Disadvantaged Business Enterprise <br />viii. Exhibit H, Local Agency Procedures for Consultant Services <br />ix. Exhibit I, Federal -Aid Contract Provisions for Construction Contracts <br />x. Exhibit J, Additional Federal Requirements <br />xi. Exhibit K, The Federal Funding Accountability and Transparency Act of 2006 (FFATA) <br />Supplemental Federal Provisions <br />xii. Exhibit L, Sample Sub -Recipient Monitoring and Risk Assessment Form <br />xiii. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and <br />Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal <br />Awards (the "Uniform Guidance") <br />L. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement contract <br />under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. "Federal <br />Award" also means an agreement setting forth the terms and conditions of the Federal Award. The term <br />does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal <br />program. <br />Document Builder Generated Page 4 of 25 <br />Rev. 12/09/2016 <br />