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25.05.05 IGA Engineering Contracts OLA #: 331003240 Routing #: 24-HA3-XC-00263-M0001 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: SHO 006A-074 (26059) SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 24-HA3-XC-00263-M0001 Local Agency TOWN OF AVON Original Agreement Routing Number 24-HA3-XC-00263 Agreement Maximum Amount $700,000.00 Agreement Performance Beginning Date February 12, 2024 Initial Agreement expiration date November 20, 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: 6F968CAD-4F59-435A-B0EC-17E527FF379C Mayor Tamra Underwood 5/5/2025 5/5/2025 5/5/2025 OLA #: 331003240 Routing #: 24-HA3-XC-00263-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 The original Agreement provided funds to construct RRFBs along Avon Road in the Town of Avon. This Amendment expands the scope of work and increases the maximum amount of funding available for this Agreement. 5)MODIFICATIONS A. This Amendment increases the maximum amount of this agreement from $390,000.00 by $310,000.00 to $700,000.00. B. Exhibit A is replaced by Exhibit A-1. All references to Exhibit A will refer to Exhibit A-1 C. Exhibit C is replaced by Exhibit C-1. All references to Exhibit C will refer to Exhibit C-1. 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: 6F968CAD-4F59-435A-B0EC-17E527FF379C Exhibit A-1 - Page 1 of 2 EXHIBIT A-1 SCOPE OF WORK Name of Project: Avon I-70 & US 6 Crosswalk Improvements Project Number: SHO 006A-074 SubAccount #: 26059 High levels of pedestrian, bicycle, and vehicular (including trucks) traffic along the Avon Road corridor leads to many conflicts between vehicles and non-motorized traffic at crossing locations. Many traveling along Avon Road are tourists unfamiliar with the area and/or in some cases are unfamiliar with the rules of the road at roundabouts. The existing pedestrian crossing configuration along Avon Road use either pavement markings or contrasting pavement color, have enhanced signage, and in some cases include Rectangular Rapid Flashing Beacons (RRFBs). At locations without RRFBs, the Town has installed fluorescent flags that can be carried by pedestrians to raise awareness of their presence in the crosswalk. RRFBs currently exist on the north leg of the Beaver Creek Blvd and Benchmark Ln Roundabouts, and at Hurd Ln/Riverfront Ln. To further enhance safety, the following additional RRFBs are proposed: 1) I-70 WB On-Ramp: located at a crossing of a wide-radius, channelized right turn movement with limited sight distance (state highway location). 2) I-70 WB Off-Ramp: located at a multi-lane crossing on the East leg of the roundabout (state highway location). 3) I-70 EB On-Ramp: located at a crossing of a wide-radius, channelized right turn movement with limited sight distance (state highway location). 4) I-70 EB Off-Ramp: Located at the west crossing of the EB off-ramp, a high vehicle and pedestrian volume location (state highway location). 5) Beaver Creek Blvd: Located on the south crossing of Avon Rd, a high vehicle volume location. 6) Benchmark Rd: Located at the south crossing of Avon Rd, a high vehicle volume location. 7) Hurd Ln: Located at the south crossing of Avon Rd, a high vehicle and pedestrian volume location. 8) US Hwy 6: Located at the west crossing of US Hwy 6, a high vehicle and pedestrian volume location (state highway location). 9) US Hwy 6: Located at the east crossing of US Hwy 6, a high vehicle and pedestrian volume location (state highway location). Docusign Envelope ID: 6F968CAD-4F59-435A-B0EC-17E527FF379C Exhibit A-1 - Page 2 of 2 Curb ramps at all RRFB locations that don’t meet current standards will be upgraded with this project. 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-1 constructed under this Agreement at its own cost and expense during its useful life. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: 6F968CAD-4F59-435A-B0EC-17E527FF379C Federal $ State $ LA Work (1 SA) Exhibit C-1 - Page 1 of 3 EXHIBIT C-1 - FUNDING PROVISIONS Town of Avon SHO 006A-074 (26059) A. Cost of Work Estimate The Local Agency has estimated the total cost of the Work to be $700,000.00, which is to be funded as follows: 1. FUNDING a. Federal Funds (90% of HSIP Award) $418,500.00 b. Federal Funds (100% of ADA Award) $235,000.00 c. State Funds (4.8% of HSIP Award) $22,500.00 d. Local Agency Funds (5.2% of HSIP Award) $24,000.00 ____________________________________________________________________________________ TOTAL FUNDS ALL SOURCES $700,000.00 ______________________________________________________________________ 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 $653,500.00 b. State Funds Budgeted $22,500.00 c. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 ______________________________________________________________________ TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 96.6% $676,000.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 3.4% $24,000.00 TOTAL PROJECT ESTIMATED FUNDING 100.00% $700,000.00 ______________________________________________________________________ 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount (Federal, State + Local Agency funds) $700,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 ______________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $700,000.00 ______________________________________________________________________ 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: 6F968CAD-4F59-435A-B0EC-17E527FF379C Exhibit C-1 - Page 2 of 3 ______________________________________________________________________ Design 3020 WBS Element 26059.10.30 Performance Period Start*/End Date $0.00 TBD-TBD Const. 3301 WBS Element 26059.20.10 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 & State funds for this Work is 96.6% federal & State funds to 3.4% Local Agency funds, and this ratio applies only to the $700,000.00 that is eligible for federal & State funding. All other costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $700,000.00, and additional federal & 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 $700,000.00, then the amounts of Local Agency and federal & 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 $676,000.00. For CDOT accounting purposes, the federal funds of $653,500.00, State funds of $22,500.00 and the Local Agency funds of $24,000.00 will be encumbered, for a total encumbrance of $700,000.00. The total budget of this project is $700,000.00, 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 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: 6F968CAD-4F59-435A-B0EC-17E527FF379C 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: 6F968CAD-4F59-435A-B0EC-17E527FF379C