HomeMy WebLinkAboutC19-045 Colorado Department of Transportation - NOT FULLY EXECUTEDPO #: 331001590 Routing #: 15-HA3-XC-00085 Additional PO Reference: 331001153 STATE OF COLORADO AMENDMENT Amendment #: 2 Project #: NHPP 0702-344 (19944) SIGNATURE AND COVER PAGE State Agency Amendment Routing Number Department of Transportation 15 -I -A3 -XC -00085 Local Agency Original Agreement Routing Number Eagle County Government 15 HA3 00085 Agreement Maximum Amount $7,656,704.00 Agreement Performance Beginning Date Signature The later of the effective date or March 02, 2017 By: (Print Name and Title) By: (Print Name and Title) Initial Agreement expiration date Date: Upon Final Acceptance THE PARTIES HERETO HAVE EXECUTED THIS AMENDNIIENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO John W. Hickenlooper, Governor Department of Transportation Michael P. Lewis, Executive Director Joshua Laipply, P.E., Chief Engineer Date: LOCAL AGENCY LOCAL AGENCY Eagle County Government (2" Signature if Necessary) Signature Signature By: (Print Name and Title) By: (Print Name and Title) Date: ; /S- /I-] Date: In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State By: Document Builder Generated Rev. 12/09 2016 controller or an autnonzea tielega STATE CONTROLLER Robert Jaros, CPA, MBA, JD Department of Transportation Effective Date: C 19-045 Page 1 of 3 PO #:331001590 Routing #: 15-HA3-XC-00085 Additional PO 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 Local Agency and the State. 2) TERMINOLOGY Except as specifically modified by this Amendment, all terns 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 the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment B. Amendment Tenn 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 and construct the 1-70G Edwards Interchange Upgrade Phase 2 in Eagle County, Colorado. 5) MODIFICATIONS The Parties desire to: i. Increase Local Agency Funds of $925,000.00 by $6,731,704.00 to a new Local Agency Funds of $7,656,704.00; ii. Exhibit A (Scope of Work) shall be replaced Exhibit A-1 which is attached hereto; iii. 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. The Local Agency has estimated the total cost of the Work to be $7,656,704.00 which is to be funded as follows: a. Local Agency Funds $7,656,704.00 Total Funds: $7,656,704.00 C. The maximum amount payable by the Local Agency under this contract shall be $7,656,704.00, 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 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 Document Builder Generated Page 2 of 3 Rev. 12/09/2016 PO #: 331001590 Routing #: 15-HA3-XC-00085 Additional PO Reference: 331001153 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 Rev. 12/09/2016 Page 3 of 3 0 Exhibit A-1 Scope of Work NHPP 0702-344 I -70G Edwards Interchange Upgrade Phase 2 Subaccount 19944 Interstate 70 (I-70) serves as the primary transportation corridor through Eagle County and much of Colorado. US Highway 6 (US 6) near Edwards, CO is a major collector that runs parallel to I- 70 from Dotsero to Dowd Canyon. The I -70G Edwards Spur road located at the Edwards Interchange along I-70 is approximately 0.6 miles long and runs north and south connecting I-70 to US 6 in the unincorporated town of Edwards, CO. With this Intergovernmental Agreement (IGA), it is agreed that the Colorado Department of Transportation will manage the Design, ROW, Utilities and Construction of the I -70G Edwards Interchange Upgrade Phase 2 project. Phase 2 of the project will include improvements for the southern half of the Edwards Spur Road (070G) starting north of the roadway bridge over the UPRR (where Phase 1 stopped) and ending with the connection to US 6 to the south, a distance of approximately 0.4 miles. The project is anticipated to include road and bridge widening, intersection improvements and pedestrian mobility improvements. Exhibit A-1