25.05.18 IGA Engineering Contracts OLA #: 331002617
Routing #: 22-HA3-XC-00223-M0003
Additional PO Reference: 400001584
Document Builder Generated
Rev. 12/09/2016
Page 1 of 2
STATE OF COLORADO AMENDMENT
Amendment #: 2 Project #: C M058-003 (24776)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
22-HA3-XC-00223-M0003
Local Agency
TOWN OF AVON
Original Agreement Routing Number
22-HA3-XC-00223
Agreement Maximum Amount
$5,200,000.00 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
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: 164A9ACD-73AD-4E58-80B6-BAEB222F22EB
5/14/2025
Mayor
Tamra Underwood
5/14/2025
5/17/2025
OLA #: 331002617
Routing #: 22-HA3-XC-00223-M0003
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. The Parties now wish to
increase the total budgeted funds for this Agreement.
5) MODIFICATIONS
A. This Amendment increases the maximum amount of the Agreement from $3,500,000.00 by
$1,700,000.00 to $5,200,000.00.
B. A new Exhibit C-6 is made part of the original Agreement and replaces Exhibit 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: 164A9ACD-73AD-4E58-80B6-BAEB222F22EB
State $ LA Work ROW
Exhibit C-6 - Page 1 of 2
EXHIBIT C-6 - FUNDING PROVISIONS
Town of Avon C M058-003 (24776)
A. Cost of Work Estimate
The Town of Avon has estimated the total cost of the Work to be $5,200,000.00, which
is to be funded as follows:
1. FUNDING
a. State Funds
(80% of RMS) $2,000,000.00
b. Local Agency Funds
(20% of RMS) $500,000.00
c. State Funds
(50% of MMO1) $1,000,000.00
(50% of MMO1 Award is $1,000,000.00 of RMS award)
e. State Funds
(50% of MMO2) $1,600,000.00
f. Local Agency Funds
(50% of MMO2 Award is $1,500,000.00 of RMS award
plus additional Local Agency funds of $100,000.00.)
$100,000.00
______________________________________________________________________
TOTAL BUDGETED FUNDS $5,200,000.00
______________________________________________________________________
2. ESTIMATED PAYMENT TO LOCAL AGENCY
a. State Funds Budgeted $4,600,000.00
______________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 88.5% $4,600,000.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 11.5% $ 600,000.00
TOTAL PROJECT ESTIMATED FUNDING 100.00% $5,200,000.00
______________________________________________________________________
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount
(Only State funds are encumbered) $4,600,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
______________________________________________________________________
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $4,600,000.00
______________________________________________________________________
Note: $639,143.00 are currently available. Additional funds will become available after
execution of an Option letter (Exhibit D) or formal Amendment.
______________________________________________________________________
Design 3020
WBS Element 24776.10.30 Performance Period Start*/End Date $639,143.00
N/A
Const. 3301
WBS Element 24776.20.10 Performance Period Start*/End Date $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 Ratio
The funding ratio for the State funds for this Work is 88.5% State funds to 11.5% Local
Agency funds, and this ratio applies only to the $5,200,000.00 that is eligible for State
funds. All other costs are borne by the Local Agency at 100%. If the total cost of
Docusign Envelope ID: 164A9ACD-73AD-4E58-80B6-BAEB222F22EB
Exhibit C-6 - Page 2 of 2
performance of the Work exceeds $5,200,000.00. If 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 $5,200,000.00, then the amounts of Local Agency
and State funds will be decreased in accordance with the funding ratio described herein.
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
$4,600,000.00. For CDOT accounting purposes, the State funds of $4,600,000.00 will
be encumbered, but the Local Agency funds of $600,000.00 will NOT be encumbered.
The total budget of this project is $5,200,000.00, 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 any cost is subject to revisions agreed to by the
parties prior to bid and award. This applies to the entire scope of Work.
Docusign Envelope ID: 164A9ACD-73AD-4E58-80B6-BAEB222F22EB