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HomeMy WebLinkAboutC14-375 Edwards Community Authority First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE EDWARDS COMMUNITY AUTHORITY T IS_F WT AMENDMENT ("First Amendment") is effective as of the 0 day of 1? 2014, by and between The Edwards Community Authority,political subdivision of the State of Colorado and authority formed by its member entities (Arrowhead, Cordillera, Edwards, Lake Creek and the Berry Creek Metropolitan District), acting by and through its Board of Directors (hereinafter"ECA") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS, County and ECA entered into an agreement dated the 13th day of August, 2013, to share the cost of certain services provided by a professional land planning consultant (the "Consultant"), hired to assist in the update of the Edwards Area Community Master Plan (the "Original Agreement"); and WHEREAS,the Original Agreement contemplated that the Consultant would perform certain land planning services with compensation in an amount not to exceed $40,000; and WHEREAS, the County and ECA desire to have Consultant perform additional land planning services for additional compensation as set forth below and as set forth on Exhibit A, attached hereto and incorporated herein; and WHEREAS, the term of the Original Agreement expires on the 13th day of August, 2014, and the parties desire to extend the term through December 31, 2014. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to include additional land planning services to be performed by the Consultant relative to the update of the Edwards Area Community Master Plan, as set forth on Exhibit A. The Original Agreement shall be further amended to include in those planning topics analyzed by the County, the ECA and the Consultant under the Original Agreement, the concepts of Economic Development and Design Guidelines as they might apply to and/or benefit the Edwards Area. 2. The compensation for the additional Services set forth in Exhibit A shall not exceed $15,000. The County agrees to reimburse the ECA,pursuant to the terms of the Original Agreement, for 50% of the compensation paid to the Consultant under this First Amendment, in an amount not to exceed $7,500. e,14, .22,f4 3. The term of the Original Agreement is hereby extended to the 31St day of December, 2014. The term of this First Agreement does not reflect the anticipated completion date for the Edwards Area Community Plan. At present, and with the understanding that the parties will continue to work together to provide adequate resources to support the master planning effort, a preliminary draft of the Plan should be available for public review on or about June 30, 2015. 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. BOARD OF ' 4 TY CO • ISSION' 'S OF,EAGL F T ',j G i! ' __P. i B illian H. Ryan, Chairman ATTE Ail. ow►9° Teak imonton EDWARDS j MMUNITY1AUTHORITY B //////41/1-is Its: ATT f 2 Eagle County Amend Term Scope Comp Final 5/14 RA UN Assoc IA T CS, INC. LAND PLANNING&COMMUNITY DEVELOPMENT July 19, 2014 Mr. Ken Marchetti Robertson&Marchetti, P.C. 28 2nd Street Edwards, Colorado 81632 RE: 2014 Edwards Area Community Plan Dear Ken: I want to thank you for the opportunity to have assisted the Edwards Community Authority (ECA) and Eagle County this past year with updating the Edwards Area Community Plan. The purpose of this letter is to extend our agreement for services. As with our original agreement I have structured this letter as a service agreement between Braun Associates, Inc. and the ECA and have included Nancy Alexander as signatory for ECA. Understanding of the Project This past year Braun Associates, Inc. was retained by ECA and Eagle County to assist county staff with updating the Edwards Area Community Plan. A significant amount of progress has been made in working with the TAC to scope/define issues,the gathering of data and development of base maps, and the input from two community meetings and an extensive community survey. The foundation has been laid for subsequent stages of this planning process which will include working with a Community Advisory Committee(CAC), drafting the plan, a third community meeting and presentation of the plan to the Eagle County Planning Commission. As with the initial phase of work, Braun Associates, Inc. will provide support services to county staff. Scope of Services Specific services to be provided by Braun Associates, Inc. will be determined by the county staff during the course of the project. Services to be provided are expected to include the following: July—December, 2014 1. Overall project planning, general strategies and approaches to project,defining direction of plan and planning process,project scheduling, etc. 2. Pre-planning,preparation for and participation in approximately four(4) CAC meetings (and other meetings as necessary) over next six months. Edwards Area Community Plan Extension of Service Agreement ' ' EXHIBIT I1p1 3. Provide editing/feedback on drafts of plan to be prepared by county staff. 4. Provide graphic support,research, etc. as necessary to support staff's development of draft plan. It is anticipated that at the end of 2014 the draft plan will be approximately 50%complete. January—September,2015 In order to complete the plan, it is anticipated that the following services will be provided in 2015, subject to budget approvals by ECA and Eagle County. 1. Support county staff with ongoing meetings with CAC. 2. Assist with production of final draft plan(anticipated to be completed in June, 2015). 3. Assist county staff with planning,preparing for and presenting the draft plan at the third community open house. 4. Support the county staff with the Eagle County Planning Commission's review of plan. Fee Proposal In accordance with the IGA,Eagle County and the ECA are both contributing $7,500 to fund consulting services for the balance of 2014,providing a total project budget of$15,000 for the balance of 2014. Braun Associates, Inc. will bill ECA on a monthly basis for services provided (as outlined above)in accordance with the attached 2014/2015 Rate and Expense Schedule. As with the initial phase of work, ECA will administer this budget,process invoices and Eagle County will reimburse ECA over the course of the project. It is anticipated that an additional $15,000 will be requested of ECA and Eagle County for 2015 in order to complete the project and that during 2015 Braun Associates, Inc. will provide the services as generally outlined above. This final/2015 phase of work is subject to approval by both ECA and Eagle County. Approval of this service agreement only authorizes funding for services to be provided in 2014. 4110rIPBelp M. , Assoc I Al U �_ LAND PLANNING S COMMUNITY DEVELOPMENT Proposal Acceptance If this proposal meets with your approval,please sign below and return one copy for our files. Accept ed by: exii// 2 r Y J Nanc Al ander President Edwards Community Authority Date: 87g/1 Braun Associates, Inc. "------‘7C-k-Atvv'•"-o'j3.-- . Thomas A. Braun,President Braun Associates,Inc. Date: 8\t> ti Edwards Area Community Plan Extension of Service Agreement Page 3 RA.0 r SSL)C I,A 1 I;S, INC. LAND PLANNING&COMMUNITY DEVELOPMENT BRAUN ASSOCIATES,INC. 2014/2015 RATE AND EXPENSE SCHEDULE RATES: Standard Rates Reduced Rates for EACP Principal $ 155.00/Hour $140.00/Hour Planner/Senior Associate $ 125.00/Hour $110.00/Hour Administrative/Clerical $ 75.00/Hour $75.00/Hour Sub-Consultants Passed through at Sub-Consultants rate REIMBURSABLE EXPENSES: Actual expenditures made by the employees of Braun Associates, Inc. for the Project are billed in addition to professional service fees. Examples of reimbursable expenses include,but are not limited to transportation and living expenses while traveling(outside of Eagle County) in connection with the Project, long distance telephone calls and fax transmissions,photocopies, reproduction and printing costs, supplies,postage and photography. Travel time to and from the project site is billed at one-half the standard hourly rate METHOD OF PAYMENT: Professional services and reimbursable expenses are billed monthly at the above scheduled rates for hours of work performed on the Project. Payment is due 15 days following receipt of invoice. Invoices unpaid after 30 days are subject to a service charge of 1 1/2 percent per month, and all costs of collection including reasonable attorney's fees. Braun Associates, Inc. reserves the right to suspend work on the Project if payment is not received within 30 days from invoice date. Edwards Area Community Plan Extension of Service Agreement Page 4