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HomeMy WebLinkAboutC15-200 CDOT Second AmendmentV Amendment No.: Original Agreement Routing No.: Amendment Routing No.: 02 10 HA3 02516 10- HA3 -XC- 00055 -0005 Project No.: CDOT No.: Project Name: Replacement of Burns Bridge, Colo River 17445 331000280 Rd CR 301 Mile Marker 23.5 CONTRACT AMENDMENT 1. PARTIES This Amendment to the above - referenced Original Contract (hereinafter called the Contract) is entered into by and between EAGLE COUNTY GOVERNMENT (hereinafter called "Contractor "), and the STATE OF COLORADO (hereinafter called the "State ") acting by and through the Department of Transportation, (hereinafter called "CDOT "). 2. EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date "). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. FACTUAL RECITALS The Parties entered the Contract to design and construct a bridge located on Colorado River Road (301), mile marker 23.5. The existing bridge is going to be removed and replaced with a new two -lane structure. The Parties now agree to extend the term of the Agreement. 4. CONSIDERATION - COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective) as part consideration for this Amendment. If applicable, such Special Provisions are attached hereto and incorporated by reference herein as Section SECTION 5. 5. LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6. MODIFICATIONS. The Amendment and all prior amendments thereto, if any, are modified as follows: • Section 5, Term and Early Termination is hereby removed and replaced in its entirety by the following: 5. TERM and EARLY TERMINATION The Parties' respective performances under this Agreement shall commence on the Effective Date. This Agreement shall extend for seven (7) years from the Effective Date unless sooner terminated or further extended as specified elsewhere herein. 7. START DATE This Amendment shall take effect upon the date of the State Controller's Signature. Document Builder Generated Page 1 of 3 8. ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9. AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Document Builder Generated Page 2 of 3 10. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and /or services provided hereunder. By: STATE CONTROLLER Robert Jaros, CPA, MBA, JD Colorado Debartmefit of Date: s I �� Document Builder Generated Page 3 of 3 THE LOCAL AGENCY STATE OF COLORADO EAGLE COUNTY GOVERNMENT John W. Hickenlooper, GOVERNOR Colorado Department of Transportation By:— Shailen Bhatt, Executive Director Title: ' 1 * Signature By: Joshua y, P.E. C OT hief Engineer Date: f Date: 2C5 2nd The Local Agency Signature if Needed LEGAL REVIEW Cynthia Coffman, Attorney General By: By: )(11 / At Signature - AssistAnt Attorney General Title: Date: *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and /or services provided hereunder. By: STATE CONTROLLER Robert Jaros, CPA, MBA, JD Colorado Debartmefit of Date: s I �� Document Builder Generated Page 3 of 3