25.04.09 IGA Engineering Contracts OLA #: 331003224
Routing #: 24-HA3-XC-00247-M0001
Document Builder Generated
Rev. 12/09/2016
Page 1 of 2
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: BRO M058-005 (25978)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
24-HA3-XC-00247-M0001
Local Agency
TOWN OF AVON
Original Agreement Routing Number
24-HA3-XC-00247
Agreement Maximum Amount $1,119,128.00 Agreement Performance Beginning Date
March 26, 2024
Initial Agreement expiration date
October 23, 2033
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
By:________________________________________________
*Signature
Name:______________________________________________
(Print Name)
Title:_______________________________________________
(Print Title)
Date:_______________________________________________
SECOND LOCAL AGENCY SIGNATURE,
IF NEEDED
TOWN OF AVON
By:________________________________________________
*Signature
Name:______________________________________________
(Print Name)
Title:_______________________________________________
(Print 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
Amendment Effective Date:_____________________
Docusign Envelope ID: 3ADBF3B3-D1CA-49C5-AA32-C82E6EA67DAD
4/9/2025
Mayor
Tamra Nottingham Underwood
4/9/2025
4/9/2025
OLA #: 331003224
Routing #: 24-HA3-XC-00247-M0001
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 was created to provide funds for West Beaver Creek Blvd. Bridge rehabilitation. The Parties
now wish to increase the maximum amount available for this project.
5) MODIFICATIONS
This Amendment increases the maximum amount of this project from $435,496.00 by $683,632.00 to
$1,119,128.00.
A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C.
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: 3ADBF3B3-D1CA-49C5-AA32-C82E6EA67DAD
Fed $ LA Work
Exhibit C-1 - Page 1 of 3
EXHIBIT C-1 - FUNDING PROVISIONS
Town of Avon BRO M058-005 (25978)
A. Cost of Work Estimate
The Town of Avon has estimated the total cost of the Work to be $1,119,128.00, which
is to be funded as follows:
1. FUNDING
a. Federal Funds
(80% BRO Award) $895,302.00
b. Local Agency Funds
(20% BRO Award) $223,826.00
______________________________________________________________________
TOTAL FUNDS ALL SOURCES $1,119,128.00
______________________________________________________________________
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA
c. Local Agency Unique Entity Identifier R9Q7L4C1QKK5
d. Assistance Listing #
Highway Planning and Construction ALN 20.205
e. Is the Award for R&D? No
f. Indirect Cost Rate (if applicable) N/A
g. Amount of Federal Funds Obligated by this Action: $0.00
h. Amount of Federal Funds Obligated to Date (including this Action): $0.00
______________________________________________________________________
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $895,302.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
______________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 80% $895,302.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 20% $223,826.00
TOTAL PROJECT ESTIMATED FUNDING 100.00% $1,119,128.00
______________________________________________________________________
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount
(Federal funds + Local Agency funds) $1,119,128.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
______________________________________________________________________
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $1,119,128.00
______________________________________________________________________
Note: No funds are currently available. Additional funds will become available after
execution of an Option letter (Exhibit B) or formal Amendment.
______________________________________________________________________
Docusign Envelope ID: 3ADBF3B3-D1CA-49C5-AA32-C82E6EA67DAD
Exhibit C-1 - Page 2 of 3
Design 3020
WBS Element 25978.10.30 Performance Period Start*/End Date $0.00
TBD-TBD
Const. 3301
WBS Element 25978.20.10 Performance Period Start*/End Date $0.00
TBD-TBD
______________________________________________________________________
* The Local Agency should not begin work until all three (3) of the following are in place:
1) Phase Performance Period Start Date; 2) the execution of the document encumbering
funds for the respective phase; and 3) Local Agency receipt of the official Notice to
Proceed. Any work performed before these three (3) milestones are achieved will not be
reimbursable.
B. Funding Ratios
The funding ratio for the federal funds for this Work is 80% federal funds to 20% Local
Agency funds, and this ratio applies only to the $1,119,128.00 that is eligible for federal
funding. All other costs are borne by the Local Agency at 100%. If the total cost of
performance of the Work exceeds $1,119,128.00, and additional federal 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 $1,119,128.00, then the amounts of Local Agency
and federal 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
$895,302.00. For CDOT accounting purposes, the federal funds of $895,302.00 and the
Local Agency funds of $223,826.00 will be encumbered for a total encumbrance of
$1,119,128.00, unless this amount is increased by an executed amendment before any
increased cost is incurred. The total budget of this funding source is $1,119,128.00,
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 execution of this Agreement, and that any cost is subject
to revisions agreed to by the parties prior to bid and award. This applies to the entire
scope of Work.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more
from all funding sources defined as federal financial assistance for Single Audit Act
Amendment purposes shall comply with the audit requirements of 2 CFR part 200,
subpart F (Audit Requirements) see also, 49 CFR 18.20 through 18.26. The Single Audit
Act Amendment requirements applicable to the Local Agency receiving federal funds
are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal
sources, not just Highway funds) in its fiscal year then this requirement does
not apply.
ii. Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only
received federal Highway funds (Catalog of Federal Domestic Assistance,
CFDA 20.205) then a program specific audit shall be performed. This audit will
Docusign Envelope ID: 3ADBF3B3-D1CA-49C5-AA32-C82E6EA67DAD
Exhibit C-1 - Page 3 of 3
examine the “financial” procedures and processes for this program area.
iii. Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the
Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single
Audit Act applies, which is an audit on the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor
on staff. An audit is an allowable direct or indirect cost.
Docusign Envelope ID: 3ADBF3B3-D1CA-49C5-AA32-C82E6EA67DAD