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HomeMy WebLinkAboutC19-365 Birch Ecology FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND BIRCH ECOLOGY, LLC THIS FIRST AMENDMENT (“First Amendment”) is effective as of _______________, by and between Birch Ecology, LLC a Colorado limited liability company (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 7th day of June, 2019 for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed $6,174; and WHEREAS, County and Consultant desire by this First Amendment to expand the scope of Services and compensation as set forth in the Original Agreement. 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 Services as described in Exhibit 1 and Exhibit 1A which are attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 and Exhibit 1A shall not exceed $6294 or a total maximum compensation under the Original Agreement and this First Amendment of $12,468. 3. 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. 4. 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. 5. 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. DocuSign Envelope ID: 2EC60451-7C3E-4F38-A10A-5340AB7CF307 10/28/2019 2 Eagle County Am Scope and Comp Final 5/14 EAGLE COUNTY, COLORADO By and through its County Manager By: ____________________________________ Jeff Shroll, County Manager CONSULTANT: Birch Ecology, LLC By: _____________________________________ Print Name: Heather Houston Title: President DocuSign Envelope ID: 2EC60451-7C3E-4F38-A10A-5340AB7CF307 BIRCH ECOLOGY CONSULTING GROUP · P.O. BOX 170 · 429 MAIN ST. · LYONS, CO 80540 · 720-350-2530 · WWW.BIRCHECOLOGY.COM SCOPE OF WORK BRUSH CREEK VALLEY RANCH OPEN SPACE TRAILHEAD CONNECTION WETLAND DELINEATION Task 1. Wetland Delineation We will delineate the wetlands and waters of the U.S along the ± 1,065 ft-long Trailhead Segment and in the location of a potential bridge crossing at Trail Gulch, as identified in Birch Ecology’s 2019 Botanical Survey Report for Brush Creek Valley Ranch Open Space. Wetlands will be delineated in accordance with the U.S. Army Corps of Engineers Wetland Delineation Manual (1987) and the Regional Supplement for the Western Mountains, Valleys and Coast (2010). Specifically, we will flag the wetland boundary with numbered pin flags based on the vegetation, soil and hydrology criteria of the Manual. We will prepare a generalized map for you indicating the numbering scheme and locations of the wetland flagging. It is our understanding that Eagle County’s surveyor will shoot in the flag locations. After the survey is complete, the surveyor should provide the data to us in AutoCAD format. We will use the survey data to prepare a Wetland Map. The Wetland Map can be used for project planning to design the trails and bridge crossings. To limit costs to the County, we will not prepare a formal wetland delineation report at this stage. Once you are ready to apply for a wetland permit, we can provide an additional scope and budget to prepare a Wetland Permit Application which would include the Wetland Delineation Report. The Corps prefers to process these as a combined report and it is more cost effective to combine these documents. However please note that the permit application should be submitted within a year or so of when the field work was completed so the data are still relevant. If there would be a gap, we can provide a scope to prepare a stand-alone Wetland Delineation Report so the map would be “official” and could be used for permitting during the next 5 years. The attached Table 1 provides a cost estimate to complete the wetland delineation field work and prepare a wetland map. These services would be provided on a time and materials basis. DocuSign Envelope ID: 2EC60451-7C3E-4F38-A10A-5340AB7CF307 BIRCH ECOLOGY CONSULTING GROUP · P.O. BOX 170 · 429 MAIN ST. · LYONS, CO 80540 · 720-350-2530 · WWW.BIRCHECOLOGY.COM COST ESTIMATE TABLE 1 Cost Estimate Trailhead Connection and Trail Gulch Stream Crossing Task 1. Wetland Delineation Field Work and Map Professional Time Hours/Rates Total Senior Plant Ecologist 12 hrs @ $ 130 $ 1,560 H. Houston Soil Scientist 12 hrs @ $ 125 $ 1,500 D. Buscher Plant Ecologist 12 hrs @ $ 80 $ 960 K. Schroder Total Time $ 4,020 Expenses Auto Mileage 300 miles @ $0.58 $ 174 Copies/Color Prints/Plotting $ 25 Field Supplies $ 50 Total Expenses $ 249 Total Task 1 $ 4,269 DocuSign Envelope ID: 2EC60451-7C3E-4F38-A10A-5340AB7CF307 BIRCH ECOLOGY CONSULTING GROUP · P.O. BOX 170 · 429 MAIN ST. · LYONS, CO 80540 · 720-350-2530 · WWW.BIRCHECOLOGY.COM SCOPE OF WORK BRUSH CREEK VALLEY RANCH AND OPEN SPACE ROAD GULCH CONNECTION TRAIL Task 1. Botanical Survey Report Amendment We will incorporate the segment of the Road Gulch Connection Trail that crosses BLM lands into Birch Ecology’s Botanical Survey Report for BLM Lands abutting the Brush Creek Valley Ranch and Open Space. This area was surveyed in June 2018 during our work for the Town of Eagle and the Hardscrabble Trails Coalition. We did locate a few Harrington penstemon plants nearby, but not in the immediate vicinity of the proposed trail. We will update our maps and report to include this additional trail segment so that it can be included in the BLM’s required environmental analysis for proposed trails, along with the areas we surveyed in 2019. DocuSign Envelope ID: 2EC60451-7C3E-4F38-A10A-5340AB7CF307 BIRCH ECOLOGY CONSULTING GROUP · P.O. BOX 170 · 429 MAIN ST. · LYONS, CO 80540 · 720-350-2530 · WWW.BIRCHECOLOGY.COM COST ESTIMATE TABLE 1 Cost Estimate Road Gulch Connection Trail Task 1. Botanical Survey Report Amendment Professional Time Hours/Rates Total Senior Plant Ecologist 8 hrs @ $ 130 $ 1,040 H. Houston Plant Ecologist 12 hrs @ $ 80 $ 960 K. Schroder Total Time $ 2,000 Expenses Copies/Color Prints/Plotting $ 25 Total Expenses $ 25 Total Task 1 $ 2,025 DocuSign Envelope ID: 2EC60451-7C3E-4F38-A10A-5340AB7CF307