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HomeMy WebLinkAboutC08-218SECOND AMENDMENT TO THE CONSULTING AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND SHAPINS ASSOCIATES, INC. d/b/a SHAPINS BELT COLLINS THI5 Second Amendment to the Consulting Agreement between County of Eagle, State of Colorado and Shapins Associates, Inc. d/b/a Shapins Belt Collins is made and entered into this ~~ day of July, 2008 between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "County") and Shapins Belt Collins (hereinafter referred to as "Consultant"). WHEREAS, County and Consultant entered into an Agreement dated April, 18 2006 ("Original Agreement") for the provision of on-call land use planning consulting services; and WHEREAS, County and Consultant are desirous of extending the consulting services for another year under the same terms and conditions of the Original Agreement. In consideration of the terms and conditions of the Original Agreement and the amendments herein, the sufficiency of which is hereby acknowledged, County and Consultant agree that this Second Amendment shall replace and supersede the sections of the Original Agreement as stated hereunder. "1. Services Provided: 1.1 The Consultant will provide the consulting services as more particularly set forth in the attached letter "RE: Update of Agreement for consultation services for Eagle County, Colorado" marked as Exhibit "A," (hereinafter called "Consulting Services"). The Consulting Services are generally described as providing on-call land use planning services. To the extent the terms and conditions of this agreement may conflict with Exhibit "A", the terms and conditions of this agreement shall control." " 2. Term of Agreement: 2.1 This Agreement shall commence on July _, 2008 and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect for a period of 1 year, commencing with the effective date of this Agreement. This Agreement may be extended beyond the time referred to in this Section 2.1 on terms and conditions as may be mutually agreed between the parties hereto." "4. Remuneration: 4.1 For the Consulting Services provided hereunder, County shall pay the Consultant for planning and design services at a rate of $100.00 per hour and shall pay the Consultant for graphic layout services at a rate of $80.00 per hour. Fees will be paid within thirty (30) days of receipt of proper and accurate invoice from Consultant respecting Consulting Services. The invoice shall include a description of services performed. Upon request, Consultant shall provide County with such other supporting information as County may request. 4.2 Travel expenses are to be billed at the approved federal rate per mile that is currently at fifty cents ($.50) a mile. Should the federal approved rate for gas reimbursement change, Consultant will charge the County at the latest approved federal rate. Travel expenses are to be included in, and are subject to the terms of, the invoice described in ¶4.1 of this agreement. 4.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31, 2008 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)." "ll. Miscellaneous: 11.4 PROVISION MANDATED BY HOUSE BILL 1343: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. The Consultant shall confirm or attempt to confirm through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Consultant does not employ any illegal aliens. If the Consultant is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Consultant shall apply to participate in the Program every three months until the Consultant is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https:%'%'LV~vw.vis-dhs.com\cmploycrrcgisti°ation 2 C. The Consultant shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If the Consultant obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: Notify the Subcontractor and the County within three days that the Consultant has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and ii. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. The Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. F. If a Consultant violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Consultant shall be liable for actual and consequential damages to the County." The rest of this page has been left intentionally blank IN WITNESS WHEREOF, COUNT nd CONSULTANT have executed this Agreement this ~~day of , 2008. ATTEST: By: p~,~ * ~ j Clerk to the Board f County "~oaA'~° Commissioners STATE OF ~ olo ~r a d o ~ SS. COUNTY OF 3 p'~^-~~'~ ) COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS B~~ Peter F. Runyon, Chai n Shapins Associates, Inc. d/b/a/ Shapins Belt Collins By: U-~ 2~'~~V Title: The foregoing instrument was acknowledged before me by ~~ ~~,~ ~ M~e~r , this -'1~ day of J.~\ti , 2008. My commission expires: (~ p ~ ~ l ~ , ~a ~t - - M - KNAPP Notary Public hlofOry PubtiC =fvt~ of Co;orado 4 QwGcTime'"' and a TIFF (LZVJ) decompressor are needed to see ~h~s picWre PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE Mr. Keith Montag, Director of Community Development Eagle County Government P.O. Box 179 500 Broadway Eagle, CO 81631 June 19, 2008 181816th STREET BOULDER, COLORADO 80302 303.442.4588 FAX 303.786.8026 RE: Update of Agreement for consultation services for Eagle County, Colorado Dear Keith, We have enjoyed the experience of working with you and the other professionals in Eagle County over the last two years and look forward to another year assisting you on an as-needed basis. Shapins Belt Collins proposes the following items be included in the contract: I . Scope of Services Shapins Belt Collins shall perform professional services as outlined in their Statement of Qualifications dated June 19, 2008 and incorporated by reference in its entirety as fully set forth herein. 2. Term of Agreement (Period of Service) This agreement is an extension of the agreement completed April 18, 2006 between Shapins Associates, Inc. (now Shapins Belt Collins) and Eagle County for on-call services. Shapins Belt Collins shall proceed with the services called for by the Request for and Statement of Qualifications upon receiving written agreement from the County's representative. Services will be provided for a period of one year from the date of final agreement. An annual performance and rate review shall be scheduled between the County and Shapins Belt Collins. Although this is intended as a formal review between client and consultant, ongoing performance review and discussion is also expected. Either party may request to renew this agreement at the time of review with rate and contract period discussions. 3. Compensation Shapins Belt Collins shall perform all consultation services at one of two hourly rates, based upon the type of work being performed. The planning and design services will be billed at $100.00 an hour and the graphic layout services will be billed at $80.00 an hour. Travel expenses for travel between Boulder, CO and the Eagle County office and related areas will be billed at the approved federal rate per mile that is currently at $.50 a mile. Should the federal approved rate for gas reimbursement change Shapins Belt Collins will charge the County at the latest approved rate. In addition, reimbursable expenses will be billed at the following rates: Office Printing: BW copies - .25/page Color copies - .50/page BW plots - 1.50/ SF Color plots - 3.75/SF QwdTime'^' and a TIFF (LZW) decompmssor are needetl b see Uns picture Any need for bulk printing will be estimated on a case by case basis. Eagle County will be given the option of printing bulk materials for cost effectiveness. Shapins Belt Collins, Inc. shall review final proof sets of all printed materials for quality control purposes. 4. Sub-consultants Shapins Belt Collins has the following firms for on-call services to Eagle County. • Sullivan Green Seavy (Barbara Green) - LegaUCode Review - 303-355-4405 • Fox Higgins Transportation (Bill Fox) -Transportation Planning/Analysis - 303-652-3571 • National Research Center (Tom Miller) -Survey/Data Gathering/Policy Review - 303-444-7863, ext. 106 • RRC Associates (Nolan Rosall) -Surveys/Data Gathering - 303-449-6558 • EPS/Economic Planning Systems Qosh Birks) -Economic Analysis/Review - 303-623-3557 When a project requires the expertise of one of the sub-consultants listed above an hourly rate and scope of work will be agreed upon between the sub-consultant and Eagle County. All scopes of work agreed upon by the County and the sub-contractor will be held by Shapins Belt Collins and all bills will be sent to Eagle County by Shapins Belt Collins. All payments related to work under this contract will be made to Shapins Belt Collins. Due to the diversity of potential services as outlined in the RFQ, Shapins Belt Collins retains the right to request additional sub-consultant services, if the need arises. All new sub consultants will be approved by Eagle County staff prior to commencing work and no work by asub-consultant will be done without an agreed upon scope between the County and the sub-contractor. 5. Information/Data Gathering Eagle County shall provide Shapins Belt Collins with all available County data preferably in digital GIS or AutoCAD format at the commencement of work. Data includes, but is not limited to, topography, roads, hydrology, soils, zoning, ownership boundaries, vegetation, aerial photography, demographics, etc. In addition, Eagle County shall provide Shapins Belt Collins with current available topographic survey information for all specific site work that is requested. b. Travel Shapins Belt Collins understands the potential cost to Eagle County in travel time and expenses. All efforts shall be made to minimize travel and utilize digital communication and teleconferencing. We look forward to starting work with Eagle County. If these proposed terms are acceptable to you, please return a copy of this letter attached to Eagle County's standard Consultant Contract. Please do not hesitate to call if you have questions. S~c~i•ely, / i r , Ann Moss, Principal Lt.--- ~~~'~ - -_- ~ S Ivwo~otiJ c~~- 0 3 08 Ac to I Coun Date rrYr;•r{ {~U°atii 't'S ,t<<~,>e'r 1'.'~!'Ywr'£~a •l'. <<i*' ~a tz. ,';)'%.'+