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DocuSign Envelope ID: 02CA927F-178D-4C50-A5D8-D8ED34B85215
<br />OLA #: 331002887
<br />Routing #: 23-HA4-XC-00156
<br />MM. "State Records" means any and all State data, information, and records, regardless of physical form,
<br />including, but not limited to, information subject to disclosure under CORA.
<br />NN. "Sub -Award" means this Award by the State to Local Agency funded in whole or in part by a Federal
<br />Award. The terms and conditions of the Federal Award flow down to this Sub -Award unless the terms and
<br />conditions of the Federal Award specifically indicate otherwise.
<br />00. "Subcontractor" means third parties, if any, engaged by Local Agency to aid in performance of the Work.
<br />PP. "Subrecipient" means a non -Federal entity that receives a sub -award from a Recipient to carry out part of
<br />a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient
<br />may also be a recipient of other Federal Awards directly from a Federal Awarding Agency.
<br />QQ. "Tax Information" means Federal and State of Colorado tax information including, without limitation,
<br />Federal and State tax returns, return information, and such other tax -related information as may be protected
<br />by Federal and State law and regulation. Tax Information includes but is not limited to all information
<br />defined as Federal tax Information in Internal Revenue Service Publication 1075.
<br />RR. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements,
<br />Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB
<br />Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single
<br />Audit Act follow-up.
<br />SS. "USDT" The United States Department of the Treasury (USDT) is the national treasury and finance
<br />department of the federal government of the United States where it serves as an executive department. The
<br />USDT funds ARPA.
<br />TT. "Work" means the delivery of the Goods and performance of the Services in compliance with CDOT's
<br />Local Agency Manual described in this Agreement.
<br />UU. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished,
<br />including drafts. Work Product includes, but is not limited to, documents, text, software (including source
<br />code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs,
<br />negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
<br />any other results of the Work. "Work Product" does not include any material that was developed prior to
<br />the Effective Date that is used, without modification, in the performance of the Work.
<br />Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined
<br />in that Exhibit.
<br />6. SCOPE OF WORK
<br />Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of
<br />Exhibit A, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the
<br />delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement.
<br />Work may be divided into multiple phases that have separate periods of performance. The State may not
<br />compensate for Work that Local Agency performs outside of its designated phase performance period. The
<br />performance period of phases, including, but not limited to Design, Construction, Right of Way, Utilities, or
<br />Environment phases, are identified in Exhibit C. The State may unilaterally modify Exhibit C from time to time,
<br />at its sole discretion, to extend the Agreement Expiration Date and/or to extend the period of performance for a
<br />phase of Work authorized under this Agreement. To exercise these options to extend the Agreement Expiration
<br />Date and/or to update the phase performance period extension option, the State will provide written notice to
<br />Local Agency in a form substantially equivalent to Exhibit B. The State's unilateral extension of the Agreement
<br />Expiration Date and/or the phase performance periods will not amend or alter in any way the funding provisions
<br />or any other terms specified in this Agreement, notwithstanding the options listed under §7.E
<br />A. Local Agency Commitments
<br />i. Design
<br />If the Work includes preliminary design, final design, design work sheets, or special provisions and
<br />estimates (collectively referred to as the "Plans"), Local Agency shall ensure that it and its Contractors
<br />comply with and are responsible for satisfying the following requirements:
<br />Document Builder Generated Page 7 of 29
<br />Rev. 05/24/2022
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