HomeMy WebLinkAboutC09-113 CDOT Eagle County Airport Interchange Project Contract Amend #1(Local$CDOTWK) PROJECT IM 0702-229 (13230)
REGION 3 (DAW)
09 HA3 00050
ID 331000135
CONTRACT AMENDMENT #1
THIS AMENDMENT, is made this day of , 2009, by and between the State of Colorado
for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as
"the State", and EAGLE COUNTY 500 Broadway Box 850 Eagle, Colorado, 81631,
CDOT Vendor #: 2000124, hereinafter referred to as the "Contractor" or the "Local Agency."
FACTUAL RECITALS
Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for this Project as set forth below; and,
2. Required approval, clearance, and coordination has been accomplished from and with appropriate agencies;
and,
3. The Parties entered into the original contract dated July 7 2008, Contract Routing Number
08 HA3 00073 known hereafter as "the Basic Contract"; and,
4. The Basic Contract is an Intergovernmental Agreement between the State and the Local Agency
Project # IM 0702-229 (13230) which shall consist of a contribution toward the cost of design for the I-70
Eagle County Airport Interchange project, referred to as the "Project" or the "Work." Such Work will be
performed on I-70 MP 141 - MP 144, in Eagle County, Colorado; and,
5. The Basic Contract is still in effect and provides for changes to its terms and conditions by written
supplement or contract amendment; and,
6. The Parties also now desire to amend the Basic Contract to add $25,000.00 of Local Contribution Funding,
by replacing Recital 6, replacing Section 4. "Project Funding Provisions" Sub-Sections A, B & C
(pages 2 of 11 and 3 of 11 of the Basic Contract), for a new encumbrance amount of $225,000.00, and to
replace Section 24. Funding Letters, with the new Section 24.Option Letters, and to replace the Exhibit C
Funding Letters with the Exhibit C-1 Option Letter attached hereto; and,
7. The Parties enter into this Amendment pursuant to the provisions of Colorado Revised Statutes,
,Sections 24-30-1401 et seq., Section 43-1-106, and Section 43-1-110, as amended.
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NOW THEREFORE, it is hereby agreed that:
Consideration for this Amendment consists of the payments that shall be made pursuant to this Amendment and the
promises and agreements herein set forth.
This Amendment is supplemental to the Basic Contract, which is, by this reference, incorporated herein and
made a part hereof, and all terms, conditions, and provisions thereof, unless specifically modified herein, are
to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein.
2. The Basic Contract is and shall be modified, altered, and changed in the following respects only:
a. Recital Number 6 (Page 1 of 11 of the Basic Contract) shall be amended to read as follows:
Recital 6. The Local Agency has funds available and desires to provide up to$225,000.00 in funding
for the `Work".
b. Section 4. Project Funding Provisions (Page 2 of 11 and 3 of 11 of the Basic Contract);
Sub-Sections A B and C shall be replaced in their entirity, and hereby amended to
read as follows:
Section 4. Project Funding Provisions
A. CDOT has estimated the total cost of the work and the Local Agency is prepared to provide a portion of the
funding for the work, as evidenced by an appropriate .ordinance or resolution duly passed and adopted by the
authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this
contract and to expend its funds for the project. A copy of this ordinance or resolution is attached hereto and
incorporated herein as Exhibit B-1.
B. The Local Agency has estimated the total cost of the work to be $225,000.00 which is to be funded as follows:
a. Local Agency Funds $225,000.00
Total Funds: $225,000.00
C. The maximum amount payable by the Local Agency under this contract shall be $225,000.00, unless such
amount is increased by an appropriate written modification to this contract executed before any increased cost is
incurred. 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 contract, 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.
c. Section 24.Option Letters is hereby added to the Basic Contract and incorporated herein by
this Amendment. (Replaces the Section 24. Funding Letters on page 10 of 11 iri the Basic Contract)
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Section 24. Option Letters
Option Letters may be used to extend Agreement term, change the level of service within the current term due to
unexpected overmatch, add a phase without increasing contract dollars, or increase or decrease the amount of
funding. These options are limited to the specific scenarios listed below. The Option Letter shall not be deemed
valid until signed by the State Controller or an authorized delegate.
Following are the applications for the individual options under the Option Letter form:
Option 1 -Option to extend or renew (this option applies to Highway and Signal maintenance contracts only).
In the event the State desires to continue the Services and a replacement contract has not been fully approved by
the termination date of this contract, the State, upon written notice to Contractor, may unilaterally extend this
contract for a period of up to one (1) year. The contract shall be extended under the same terms and conditions
as the original contract, including, but not limited to prices, rates and service delivery requirements. This
extension shall terminate at the end of the one (1) year period or when the replacement contract is signed by the
Colorado State Controller or an authorized delegate.
The State may exercise this option by providing a fully executed option to the contractor, within thirty (30) days
prior to the end of the current contract term, revising the Section 4. Project Funding Provisions. If the State
exercises this option, the extended contract will be considered to include this option provision. The total duration of
this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
Option 2 -Level of service chance within current term due to unexpected overmatch in an overbid situation
only. In the event the State has contracted all project funding and the Local Agency's construction bid is higher
than expected, this option allows for additional Local Overmatch dollars to be provided by the Local Agency to
be added to the contract. This option is only applicable for Local Overmatch on an overbid situation and shall
not be intended for any other Local Overmatch funding.
The State may unilaterally increase the total dollars of this contract as stipulated by the executed Option Letter
(Exhibit C), which will bring the maximum. amount payable under this contract to the amount indicated in
Section 4. Project Funding Provisions attached to the executed Option Letter (future changes to Exhibit C
shall reference additional changes to Section 4).
Performance of the services shall continue under the same terms as established in the contract. The State will
use the Financial Statement submitted by the Local Agency for "Concurrence to Advertise" as evidence of the
Local AQency's intent to award and it will also provide the additional amoacnt reAUired to exercise this o tp ion
If the State exercises this option, the contract will be considered to include this option provision.
Option 3 -Option to add overlappi_ng~phase without increasing contract dollars. The State may require the
contractor to begin a phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or
Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same
terms and conditions stated in the original contract with the contract dollars remaining the same. The State may
exercise this option by providing a fully executed option to the contractor within thirty (30) days before the initial
targeted start date of the phase, in a form substantially equivalent to ExhibitC. If the State exercises this option, the
contract will be considered to include this option provision.
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Option 4 - To update funding (increases and/or decreases) with a new Section 4 Project Funding Provision.
This option can be used to increase and/or decrease the overall contract dollars (state, federal, local match,
local agency overmatch) to date, by replacing the original funding provisions.
The State may have a need to update changes to state, federal, local match and local agency overmatch funds, which
will be attached to the option form. The State may exercise this option by providing a fully executed option to the
contractor within thirty (30) days after the State has received notice of funding changes, in a form substantially
equivalent to Exhibit C. If the State exercises this option, the contract will be considered to include this option
provision.
d. EXHIBIT C-1 OPTION LETTER attached hereto.
Exhibit C-1 is hereby added to the Basic Contract and incorporated herein by this Amendment.
(Replaces EXHIBIT C of the Basic Contract)
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
LOCAL AGENCY:
STATE OF COLORADO:
BILL RITTER, JR., GOVERNOR
Eagle County
Legal Name of Contracting Entity
20000124
CDOT Vendor Code
Signature of A thorized Officer
LOCAL AGENCY:
(A Local Agency Attestation is required.)
By:
For the Executive Director
Colorado Department of Transportation
Attest (Seal) By: ~--~y'u'~ ~~ ,t
Town /City /County Clerk (Place Local Agency Seal here, if available.)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the
State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin
performance until the contract is signed and dated below. If performance begins prior to the date below, the
State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
DAVID J. MC DERMOTT, CPA
By
Page 5 of 5
Date:
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SAMPLE IGA OPTION LETTER
EXHIBIT C-1
NOTE: This option is limited to the specific contract scenarios listed below AND cannot be used in place of exercising a formal amendment.
Date: State Fiscal Year: Option LetterNo. CLIN Routin #
Contractor /Local Agency
A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest)
1. Option to renew (for an additional term) applies to Highway and Signal maintenance contracts ONLY;
this renewal
cannot be used to make any change to the original scope of work;
2. Level of service change within current term due to an unexpected Local overmatch on an overbid situation ONLY;
3. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous
ONLY (does not apply to Acquisition/Relocation or Railroads);
4. Option to update funding (a new Section 4. Project Funding Provisions must be refernced with the option letter and shall be
labeled Revision 1 to Section 4. Project Funding Provisions (future changes for this option shall be labeled as follows:
Revison 2, etc.)
B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
(Insert the following lanquage for use with Options #1 ):
In accordance with Paragraph(s) of contract routing number (insert FY, Agencvcode. & CL/Nroutinp#), between
the State of Colorado, Department of Transportation, and (insert contractor's name) the state hereby exercises the option for an
additional term of (insert performance aeriodhere) at a cost/price specified in Paragraph/Section/Provision
of the original contract, AND/OR an increase in the amount of goods/services at the same rate(s) as specified in Paragraph
of the original contract.
(Insert the following lanquage for use with Option #2):
In accordance with the terms of the original contract (insert FY. Apency code & CL/N rou#inp #) between the State of Colorado,
Department of Transportation and (insert contractor's name here), the State hereby exercises the option to record a level of
service change due to unexpected overmatch dollars due to an overbid situation. The contract is now increased by (indicate
additional dollars here) specified in Paragraph/Section/Provision of the original contract.
(Insert the following lanquage for use with Option #3):
In accordance with the terms of the original contract (insert FY. Agencvcode &CLIN routing #) between the State of Colorado,
Department of Transportation and (insert contractor's name here), the State hereby exercises the option to add an overlapping
phase in (indicate Fiscal Year here) that will include (describe which ,chase will be added and include all that apply -Design,
Construction Environmental Utilities ROW incidentals or Miscellaneous). Total funds for this contract remain the same
(indicate total dollars here) as referenced in Paragraph/Section/Provision/Exhibit of the original contract.
(Insert the following lanquage for use with Option #4):
In accordance with the terms of the original contract (insert FY. Agencvcode &CLIN routing #) between the State of Colorado,
Department of Transportation and (insert contractor's name here), the State hereby exercises the option to update funding based
on changes from state, federal, local match and/or local agency overmatch funds. The contract is now (select one: increased
and/or decreased) by (insert dollars here) specified in Paragraph/-Section/-Provision/Exhibit of the original
contract.. Anew Section 4. Project Funding Provisions is made part of the original contract and replaces the original Section 4.
Project Funding Provisions.
Page 1 of 2
~~,., ~ ~~
EXHIBIT C-1
LThe following language must be included on all options):
The amount of the current Fiscal Year contract value is (increased/decreased] by ($_amount of change) to a new contract value
of ($ ) to satisfy services/goods ordered under the contract for the current fiscal year (indicate Fiscal Year). The
first sentence in Paragraph/Section/Provision is hereby modified accordingly.
The total contract value to include all previous amendments, option letters, etc. is ($ ).
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later.
APPROVALS:
For the Contractor /Local Agency
Legal Name of Contractor / Local Agency
ey:
Print Name of Authorized Individual
Signature:
Date:
Title: Official Title of Authorized Individual
State of Colorado:
Bill. Ritter, Jr., Governor
By:
Executive Director, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS ยง24-30-202 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
David J. McDermott, CPA
By:
Date:
Issuance date: July 1, 2008
Page 2 of 2
TERM SHEET
~~
Title: Contract amendment to the Agreement between Eagle County and the
Colorado Department of Transportation for Funding of Design Services Related to
the Eagle County Airport Interchange Project
,.
Responsible Department: Engineering ,~ ~ ~'
~/ _
1) Purpose: This amendment to existing agreement with Colorado Department
of Transportation will provide design funds in support of the Eagle County
Airport Interchange Project to expedite design complete date from 1 July
2009 to 1 June 2009
2) Methodology: N/A
3) Schedule: N/A
Requested agen ate: April 7, 2009
4) Financial Considerations: $25,000.00
5) Other: This financial support is a joint venture with the Town of Gypsum
providing $12,500.00 to Eagle County
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