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HomeMy WebLinkAboutC09-425 CDOT Eagle County Airport Interchange Project Contract Amend #2(Local $ CDOTWI) PROJECT IM 0702 -229 (13230) 09 HA3 00081 REGION 3 (DAW) ID 331000135 CONTRACT AMENDMENT #2 THIS AMENDMENT, is made this ( 30' day ofA ¢ ( )� /�� , 2009, b and between the State fate 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 1. 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 and subsequently executed Amendment #1, Routing Number 09 HA3 00050 dated April 27, 2009, collectively 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 $350,000.00 of Local Contribution Funding, in ROW Acquisition by replacing for a new encumbrance amount of $575,000.00, and, to amend 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), and, replacing Section 5. A, Project Payment Provisions (page 3 of 11); and, The Right of Way Acquisition shall be performed by CDOT per Section 7 of the Basic Contract, via the Fair Market Value process (FMV) as outlined in the CDOT Local Agency Manual; and, 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. Pagel of 3 ��Z4 /- �� NOW THEREFORE, it is hereby agreed that: Consideration f r this Amendment consists of the payments that shall be made pursuant to this Amendment and the promises and alTeements herein set forth. 1. This Air endment is supplemental to the Basic Contract, which is, by this reference, incorporated herein and made a r art 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 1 (Page 1 of 11 of the Basic Contract) shall be amended to read as follows: Recital 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400; Functions 3020, 3111; "S Elements 13230.10.30, 13230.10.10; Org # R3120 -010; Program 2000; GL Acct: 4231200011 Contract Encumbrance Amount: $0.00 b. ftecital 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$575,000.00 in funding for I he `Work". c. $ection 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 entirety, 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 rep esentatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and tc expend its funds for the project. A copy of this ordinance or resolution is attached hereto and incorporated h rein as Exhibit B -2. B. CDOT has estimated the total cost of the work to be $575,000.00 which is to be funded as follows: a. Local Agency Funds $575.000.00 Total Funds: $575.000.00 C. The maxiriium amount payable by the Local Agency under this contract shall be $575,000.00, 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. d. Section 5. Project Payment Provisions A. The Local Agency shall contribute a lump sum amount and shall not exceed the amount of $575,000.00. The Amendment 2 amount of $350,000.00 shall be due within 60 days of execution of this agreement. Page 2 of 3 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT LOCAL AGENCY: Eagle County Legal Name of Contracting Entity 20000124 CDOT Vendor Code -1A - Signature of Aut orized Officer DATE: / - - -3� - LOCAL AGENCY: STATE OF COLORADO: BILL RITTER, JR., GOVERNOR By: For the Executive Director Colorado Department of Transportation (A Local Agency Attestation is required.)ac: Attest (Seal) By: 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. By: Date: STATE CONTROLLER: DAVID J. MC DERMOTT, CPA Page 3 of 3 OFFICE OF THE BOARD OF COMMISSIONERS (970) 328 -8605 FAX: (970) 328 -8629 Email: eagleadmin @eaglecounty.us www.eaglecounty.us OGLE COUNTY June 1, 2009 Weldon Allen, Director Transportation Region 3 Colorado Department of Transportation 222 South Sixth Street, #317 Grand Junction, CO 81501 -2769 Subject: Eagle County Airport Interchange ROW acquisition shortfall Dear Director Allen: SARA J. FISHER PETER F RUNYON JON STAVNEY We thank you and your staff for your commitment to and support for the Eagle County Airport Interchange Project. We're also committed to this project and stand ready to add local funding of up to $350,000 in support the ROW acquisition shortfall. If you have any questions, please feel free to contact us or our County Engineer, Eva Wilson, at 920 - 328 -3560. Sincerely, Eagle County Board of Commissioners W1.0-Q- . K, Sara J. Fisher Peter F. Runyo Chairman Commissioner cc: Tammie Smith, CDOT R3 Mark Rogers, CDOT R3 Joe Eisen CDOT R3 Martha Miller, CDOT Eagle County Resident Engineer Peter Kozinski, CDOT R3 Brian Killian, CDOT R3 Local Agency Coordinator Jeff Schroll, Town of Gypsum Manager J- --- Jop Stavney mmissioner Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8 163 1-0850