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21.11.02 IGA Option 1 Letter - PO_ 400001584 - OLA_ 33100261 $147,120 PO # / OLA #: 400001584 / 331002617 Routing #: 22-HA3-XC-00223-ZM0001 Document Builder Generated Rev. 12/09/2016 Page 1 of 1 IGA OPTION LETTER Date State Fiscal Year Option Letter No. 11/02/2021 2022 1 Project Code Original Contract # 22-HA3-XC-00223 C M058-003 (24776) Vendor Name: TOWN OF AVON SUBJECT Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s). REQUIRED PROVISIONS In accordance with the terms of the original Agreement 22-HA3-XC-00223 between the State of Colorado, Department of Transportation and TOWN OF AVON, the State hereby exercises the option to add a phase that will include Design and to encumber funds for the phase based on changes in funding availability and authorization. The total encumbrance is now increased by $147,120.00. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. The total encumbrance as a result of this option and all previous options and/or amendments is now $147,120.00, as referenced in Exhibit C-1. The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: $2,500,000.00 as referenced in Exhibit C-1. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS State of Colorado: Jared S. Polis, Governor _____________________________________________ Date: __________________ By: Stephen Harelson, P.E., Chief Engineer For: Shoshana M. Lew, Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. State Controller Robert Jaros, CPA, MBA, JD By: __________________________________ Date: _________________________________ DocuSign Envelope ID: 65BEB86E-9205-4D12-8921-C951E83A24A3 11/4/2021 11/5/2021 Exhibit C-1 - Page 1 of 1 EXHIBIT C-1 – FUNDING PROVISIONS C M058-003 (24776) A. Cost of Work Estimate The Local Agency has estimated the total cost of the Work to be $2,500,000.00 which is to be funded as follows: 1. BUDGETED FUNDS a. State Funds (80.00% of Costs) $2,000,000.00 b. Local Agency Matching Funds (20.00% of Costs) $500,000.00 TOTAL BUDGETED FUNDS $2,500,000.00 2. ESTIMATED PAYMENT TO LOCAL AGENCY a. State Funds Budgeted $2,000,000.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $2,000,000.00 3. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount (Only CDOT Funds are encumbered) $2,000,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $2,000,000.00 Note: Only $147,120.00 in Design funds are currently available. Additional funds will become available after execution of an Option letter (Exhibit D) or formal Amendment. WBS Element 24776.10.30 Performance Period Start*/End Date N/A / N/A Design 3020 $147,120.00 WBS Element 24776.20.10 Performance Period Start*/End Date N/A / N/A Const. 3301 $0.00 *The Local Agency should not begin work until both of the following are in place: 1) The execution of the document encumbering funds for the respective phase; and 2) Local Agency receipt of the official Notice to Proceed. Any work performed before these two (2) milestones are achieved will not be reimbursable. B. Matching Funds The matching ratio for this Work is 80.00% State funds to 20.00% Local Agency funds, it being understood that such ratios applies only to the $2,500,000.00 that is eligible for State funding, it being further understood that all non-covered costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $2,500,000.00, and additional State funds are made available for the Work, the Local Agency shall pay 20.00% of all such costs eligible for State funding and 100% of all non-covered costs; if additional State funds are not made available, the Local Agency shall pay all such excess costs. If the total cost of performance of the Work is less than $2,500,000.00, then the amounts of Local Agency and State funds will be decreased in accordance with the funding ratio described herein. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $2,000,000.00 (for CDOT accounting purposes, the State Funds of $2,000,000.00 will be encumbered, but the Local Agency matching funds of $500,000.00 will NOT be encumbered), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. The total budget of this project is $2,500,000.00. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency’s awarded contract is less than the budgeted total of the federal participating funds and the local agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 6 of this contract. DocuSign Envelope ID: 65BEB86E-9205-4D12-8921-C951E83A24A3