23.12.23 IGA Engineering Contracts OLA #: 331002617
Routing #: 22-HA3-XC-00223-M0002
Additional PO Reference: 400001584
Document Builder Generated
Rev. 12/09/2016
Page 1 of 2
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: C M058-003 (24776)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
22-HA3-XC-00223-M0002
Local Agency
TOWN OF AVON
Original Agreement Routing Number
22-HA3-XC-00223
Agreement Maximum Amount
$3,500,000.00 Agreement Performance Beginning Date
October 27, 2021
Initial Agreement expiration date
October 04, 2031
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
LOCAL AGENCY
TOWN OF AVON
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
LOCAL AGENCY
(2nd Signature if Necessary)
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Effective Date:_____________________
DocuSign Envelope ID: 90DCCFE9-4D79-47DB-A749-E799CF26E345
Town Manager
Eric Heil
12/29/2023
12/29/2023
12/29/2023
OLA #: 331002617
Routing #: 22-HA3-XC-00223-M0002
Additional PO Reference: 400001584
Document Builder Generated
Rev. 12/09/2016
Page 2 of 2
1) PARTIES
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
This Agreement provides funds for sidewalk improvements, pedestrian crossings, and traffic calming
infrastructure for the Town of Avon through the US 6 Mobility Improvement Project. This Amendment
increases the total budgeted funds for this Agreement by $1,000,000.00.
5) MODIFICATIONS
This Amendment increases the maximum amount of the Agreement from $2,500,000.00 by $1,000,000.00
to $3,500,000.00.
Exhibit A is replaced with Exhibit A-1. All references to Exhibit A now refer to A-1.
Exhibit C-4 is replaced with Exhibit C-5. All references to Exhibit C-4 now refer to C-5.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: 90DCCFE9-4D79-47DB-A749-E799CF26E345
Exhibit A-1 - Page 1 of 1
EXHIBIT A-1
SCOPE OF WORK
Name of Project: Avon-US6 Mobility Improvement Project
Project Number: C M058-003
SubAccount #: 24776
The US 6 Mobility Improvement Project constructs sidewalk improvements, pedestrian crossings,
and traffic calming infrastructure. The project also provides safety improvements at the
intersection of US 6 and Stone Bridge Road.
By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and accepts
the continuing responsibility for the safety of the traveling public after initial acceptance of the
project. Local Agency is responsible for maintaining and operating the scope of work
described in this Exhibit A constructed under this Agreement at its own cost and expense
during its useful life.
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State $ LA Work
Exhibit C-5 Page 1 of 2
EXHIBIT C-5 FUNDING PROVISIONS
Town of Avon C M058-003 (24776)
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $3,500,000.00 which is to be funded as
follows:
1. FUNDING
a. State Funds
(80% of RMS Award) $2,000,000.00
b. Local Agency Funds
(20% of RMS Award) $ 500,000.00
c. State Funds
(100% MMO Award) $1,000,000.00
____________________________________________________________________________________
TOTAL FUNDS ALL SOURCES $3,500,000.00
____________________________________________________________________________________
2. ESTIMATED PAYMENT TO LOCAL AGENCY
a. State Funds Budgeted $2,000,000.00
b. Less Estimated State Share of CDOT-Incurred Costs $0.00
____________________________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 85.71% $3,000,000.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 14.29% $ 500,000.00
TOTAL PROJECT ESTIMATED FUNDING 100.00% $3,500,000.00
____________________________________________________________________________________
3. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount (Only State funds are encumbered) $3,000,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $ 0.00
____________________________________________________________________________________
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $3,000,000.00
____________________________________________________________________________________
Note: $639,143.00 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 Design 3020 $ 639,143.00
N/A
WBS Element 24776.20.10 Performance Period Start*/End Date Const. 3301 $ 0.00
N/A
____________________________________________________________________________________
*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. Funding Ratios
The funding ratio for the State funds for this Work is 85.71% State funds to 14.29% Local Agency funds,
and this ratio applies only to the $3,500,000.00 that is eligible for State funding. All other costs are borne
by the Local Agency at 100%. If the total cost of performance of the Work exceeds $3,500,000.00, and
additional State funds are not available, the Local Agency shall pay all such excess costs. If the total cost
of performance of the Work is less than $3,500,000.00, then the amounts of Local Agency and State funds
will be decreased in accordance with the funding ratio described in A1. This applies to the entire scope
of Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $3,000,000.00. For
CDOT accounting purposes, the State funds of $3,000,000.00 will be encumbered, but the Local Agency
funds of $500,000.00 will NOT be encumbered. The total budget of this funding source is $3,500,000.00,
unless this amount is increased by an executed amendment before any increased cost is incurred. The
total cost of the Work is the best estimate available, based on the design data as approved at the time of
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Exhibit C-5 Page 2 of 2
execution of this Agreement, and any cost is subject to revisions agreed to by the parties prior to bid and
award. The maximum amount payable will be reduced without amendment when the actual amount of the
Local Agency’s awarded Agreement is less than the budgeted total of the State funds and the Local Agency
funds. The maximum amount payable will be reduced through the execution of an Option Letter as
described in Section 6 of this contract. This applies to the entire scope of Work.
DocuSign Envelope ID: 90DCCFE9-4D79-47DB-A749-E799CF26E345