HomeMy WebLinkAboutC09-031 CO State ParksAgency or Department Name
DNR-State Parks
Department or Agency
Number
PJA
Contract Routing Number
CONTRACT AMENDMENT #1
THIS AMENDMENT, made this3 day of rt~f'~A~ 2009 , by and between the State of Colorado for the use and benefit of the
Department of Natural Resources, Division of Parks and Outdoor Recreation, 1313 Sherman Street Room 618, Denver, CO 80203,
hereinafter referred to as the State, and Eagle County Board of County Commissioners, P.O. Box 850, Eagle, CO 81631, hereinafter
referred to as the contractor,
FACTUAL RECITALS
Authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered
balance thereof remains available for payment; and
Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and
The parties entered into a contract dated April 18, 2006, for the construction of a trail bridge as part of the Avon to Down Junction
Phase II project. The purpose for this amendment is described below.
The reason for this amendment is to extend the original Contract to December 31, 2009 and for the relocation of the project.
This amendment amends the original planned location in Eagle Vail to a location on the east end of the original project site, towards
Minturn in an area called "Dowd Junction". The original project will still be constructed but on a timeline dictated by an adjacent
development plan. The relocation of the funds will be used to build in the same area of the regional system, one mile away. The intent
of the project is to remove pedestrians and bicyclists from the shoulder of Highway 24, allow safer access to the back road into
Minturn, and provide access to the Eagle River for boating and fishing.
NOW THEREFORE, it is hereby agreed that
1. Consideration for this amendment to the original contract, (Contract Routing Number), 06-157, (Contract Encumbrance Number,
C170044, dated April 18. 2006 consists of the payments which shall be made pursuant to this amendment and the promises and
agreements herein set forth.
2. It is expressly agreed by the parties that this amendment is supplemental to the original Contract Routing Number 06-157 dated
Aril 18, 2006 referred to as the "original contract," which is, by this reference, incorporated, and made a part 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.
3. It is agreed the original contract is and shall be modified, altered, and changed in the following respects only:
a. Extend the expiration date in Section 2 of the contract to December 31, 2009.
b. Relocate the project to the nearby project to extend the Eagle Valley Regional Trail System.
4. The effective date of this amendment is , 20 , or upon approval of the State Controller, whichever is later.
5. 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 original contract, the provisions of this amendment shall in all respects
supersede, govern, and control. The "Special Provisions" shall always be controlling over other provisions in the contract or
amendments. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal
interest of State employees are presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT
UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE.
Page 1 of 2 pages
-.
Grant Routing Number
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is
relying on their representations to that effect.
GRANTEE STATE OF COLORADO
Eagl County hoard f County Commissioners Bill Ritter, Jr. GOVERNOR
By: ~ --~ Name of Agency or IHE
Title: Name & Title of Head of Agency or IHE
ignatu
* S By: Name & Title of Person Signing for Agency or IHE
g
Date: ~'~ ~~ 1 Date:
2nd Grantee Signature if Needed LEGAL REVIEW
By: Name of Authorized Individual John W. Suthers, Attorney General
Title: Official Title of Authorized Individual
By:
Signature -Assistant Attorney General
* Signature
Date:
Date:
ALL GRANTS REQUIRE APPROVAL by the STATE CONTROLLER
CRS ยง24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State
Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State
of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
Bv:
Name of Agency or IHE Delegate-Please delete if grant will be routed to OSC for approval
Date:
Page 2 of 2 pages
