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HomeMy WebLinkAboutC17-230 Colorado Department of Transportation El Jebel RoundaboutPO #: -47!001075 Routing #- l3'HA3'1tt- Additional PO Reference- 271001735, 471000175 Oo►Hq - Moo2 STATE OF COLORADO AMENDMENT Amendment #: 2 Project #: 19212 SIGNATURE AND COVER PAGE State Agency Amendment Routing Number Department of Transportation 2 Contractor Original Agreement Routing Number Eagle County 13HI9 3'4'1953 Agreement Maximum oshua , thieft4tined Date:. 7/ZD � Agreement Performance Beginning Date Amount 2 The later of the effective date or November 28, Total for all state fiscal years $1,360,000.00 2012 Total Encumbrance to date $1,360,000.00 Robert Jaros, CPA, MBA, JD By: -- Department of T L s nation Effective Date: tJ q 1 1 Initial Agreement expiration date November 27, 2017 11 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute thtti Amendment and to bind the Part • authorizing his or her signature. CONTRACTO STATE OF COLORADO Eagle ou y John W. Hickenlooper, Governor partment of Transportation X)/Z I ''I ''I (S7hen P. lihatt, Executive ector AAl Sign re oshua , thieft4tined Date:. 7/ZD � IL,L1 / / , ,� Print Name and Title 2 Date: In accordance with §24-30-202 C.P 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 T L s nation Effective Date: tJ q 1 1 Document Builder Generated Rev. 12A)I C 17-230 J Page I of 4 PO #. 471001075 Routing #: 17-HA3-ZH-00149-M0002 Additional PO Reference: 271001735, 471000175 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 the Agreement to disburse Federal funds to the Local Agency pursuant to CDOT's Stewardship Agreement with the FHWA. CDOT will reimburse Eagle County for a hazard elimination project in accordance with the HES (Hazard Elimination Safety) Program. The project encompasses approximately 300-600 LF of El Jebel Road located directly north of the SH 82/El Jebel Road intersection to the Shadowrock Drive/El Jebel Road intersection, where the county is scoping a turnaround or roundabout to provide the necessary movements for the access restrictions. The Parties now agree to increase the total cost of Work by $400,000.00, bringing the total budgeted funds to $1,360,000.00. This additional $400,000.00 will be encumbered for the Construction phase. The Parties also agree to transfer Design phase funds in the amount of $8,980.49 to the Construction phase. 5) MODIFICATIONS Exhibit C-2 to the original Agreement shall be removed and replaced in its entirety with Exhibit C-3 attached hereto and incorporated herein by this reference. All references in the original Agreement to Exhibit C-2 shall be replaced with Exhibit C-3. 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 Document Builder Generated Page 2 of 4 Rev. 12 09/2016 PO #:471001075 Routing #: 17-HA3-ZH-00149-M0002 Additional PO Reference. 271001735, 471000175 EXHIBIT C-3 — FUNDING PROVISIONS A. Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $1,360,00.00 which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds $1,360,000.00 (100% of Participating Costs) TOTAL BUDGETED FUNDS $1,360,000.00 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share $0.00 of Participating Costs) b. Local Agency Local Agency Share of Participating Costs $0.00 Non -Participating Costs (Including Non -Participating Indirects) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (la) $1,360,000.00 b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,360,000.00 4 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount $1,360,000.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be Encumbered $1,360,000.00 WBS Element 19212.10.30 Design F020 $135,012.00 WBS Element 19212.10.10 ROW 3114 $16,105.00 WBS Element 19212.20.10 Const 3301$1,208,883.00 B. Matching Funds The matching ratio for the federal participating funds for this Work is 100 % federal -aid funds (CFDA #20.205) to 0% Local Agency funds, it being understood that such ratio applies only to the $1,360,000.00 that is eligible for federal participation, it being further understood that all non -participating costs are Exhibit C-3 Page 1 of 2 PO #:471001075 Routing #: 17-HA3-ZH-00149-M0002 Additional PO Reference: 271001735, 471000175 bome by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $1,360,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 0% of all such costs eligible for federal participation and 100% of all non -participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $1,360,000.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $1,360,000.00 (For CDOT accounting purposes, the federal funds of $959,901.00 will be encumbered for a total encumbrance of $1,360,000.00) unless such amount is increased by an appropriate written modification to this Agreement 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 Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to$1,360,000.0 bid and award. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than $750,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements 2 CFR part 200, subpart F (Audit Requirements) see also 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $750,000 The Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure of $750,000 or more - Highway Funds Only The Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial' procedures and processes for this program area. iii. Expenditure of $750,000 or more - Multiple Funding Sources The Local Agency expends more than $750,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C-3 - Page 2 of 2