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Home My WebLink AboutC17-115 Colorado Department of TransportationOLA #: 331001590 Routing #: 15-HA3-XC-00085 Additional OLA Reference: 331001153 STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: NHPP 0702-344 (19944) SIGNATURE AND COVER PAGE State Agency Amendment Routing Number Department of Transportation 15-HA3-XC-00085 Contractor Original Agreement Routing Number EAGLE COUNTY GOVERNMENT 331001153 Agreement Maximum Agreement Performance Beginning Date Amount $925,000.00 The later of the effective date or March 02, 2017 Initial Agreement expiration date Upon Final Acceptence 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 CONTRACTOR EAGLE COUNTY GOVERNMENT '- I By: Ji yan, Chairmap!Fagle County Board of Commissioners Date: Document Builder Generated Rev. 12 09 2016 C17-115 his or her si STATE OF COLORADO John W. Hickenlooper, Governor epartment of Transportation Sh len P Bhatt, Executive rector Joshua Laippl "e, Chief n nee Date: 4i1141 ?. 7 Page 1 of 3 OLA #: 331001590 Routing #: 15-HA3-XC-00085 Additional OLA Reference: 331001153 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 Contractor 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 Contractor for any Work performed or expense incurred under this Amendment either before or after of 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 Parties entered into an agreement to design the I -70G Edwards Interchange Upgrade Phase 2, including design of the improvements for the southern half of the Edwards spur road, in Eagle County, Colorado. 5) MODIFICATIONS The Parties desire to: i. Increase Local Agency Funds of $500,000.00 by $425,000.00 to a new Local Agency Funds of $925,000.00 ii. Section 4 Project Funding Provisions shall be replaced with the following: Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the Work and is prepared to provide their portion of the funding for the Work, as evidenced by an appropriate commitment letter 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 commitment letter is attached hereto and incorporated herein as Exhibit B. B. The Local Agency has estimated the total cost of the Work to be $925,000.00 which is to be funded as follows: a. Local Agency Funds $925,000.00 Total Funds: $925,000.00 C. The maximum amount payable by the Local Agency under this contract shall be $925,000.00, 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. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from local sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. 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 Document Builder Generated Page 2 of 3 Rev. 12/09/2016 OLA #: 331001590 Routing #: 15-HA3-XC-00085 Additional OLA Reference: 331001153 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 Document Builder Generated Page 3 of 3 Rev. 12 09 2016 Exhibit e OFFICE OF THE s JILL RYAN BOARD OF COMMISSIONERS ' KATHY CHANDLER -HENRY 970-328-8605 JEANNE MCQUEENEY FAX: 970-328-8629 Email:eagleadmin@eaglecounty.us www.eaglecounty.us ad EAGLE COUNTY January 10, 2017 David Eller, Director Transportation Region 3 Colorado Department of Transportation 222 South Sixth Street, #317 Grand Junction, CO 81501-2769 Re: Edwards Interchange Upgrade Phase II project Dear Director Eller: Eagle County and the Edwards Metro District are ready to contribute an additional $425,000 to complete the design of the Edwards Interchange Upgrade Phase II project totaling $925,000 in local contribution. The I-70 Edwards Interchange Upgrade Phase II project continues to be a top priority for our community and will improve a critical choke point at US6 and 1-70 Edward Spur Road. Thank you for your continued commitment and support in addressing the transportation needs of Eagle County residents. We very much look forward to working with you and the CDOT team in completing this vital project. Please do not hesitate to contact us or our County Engineer, Eva Wilson, at 970-328- 3560, if we can provide any additional information or assistance. Sincerely, Eagle County Board of Commissioners Jill H. Ryan Chair Kathy Chandler -Henry Commissioner cc: Michael Vanderhoof, CDOT R3 Mark Rogers, CDOT R3 Karen Berdoulay, CDOT Eagle County Resident Engineer 'Y" Jeanne McQueeney Commissioner Eagle County Building, 500 Broadway, P.O. Box 850. Eagle, Colorado 81631-0850