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HomeMy WebLinkAboutC20-147 VeraCitySECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VERACITY, LLC THIS SECOND AMENDMENT (“Second Amendment”) is effective as of the 1st day of March 2020 by and between VeraCity, 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 27th day of March, 2019, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $30,000; and WHEREAS, the term of the Original Agreement was to expire on the 31st day of December, 2019; and WHEREAS, the parties entered into a First Amendment on the 10th day of December, 2019, to extend the term of the Original Agreement to the 30th day of May, 2020 and to revise the scope of work to include completion of the Mid-Valley Trails Master Plan; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation as set forth below and to extend the term of the Original Agreement to the 31st day of July, 2020; and SECOND 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, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $7,480.00 or a total maximum compensation under the Original Agreement and the First and Second Amendment of $37,480.00. 3.The term of the Original Agreement is hereby extended to the 31st day of July, 2020. 4.Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement and First Amendment. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement and First Amendment, the terms and provisions contained in DocuSign Envelope ID: A99CF332-F2BD-481A-B650-5E19DA7C7C18 C20-147 2 Eagle County Amend Term Scope Comp Final 5/14 this Second Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement and First Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: _____________________________ Jeff Shroll, County Manager CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: A99CF332-F2BD-481A-B650-5E19DA7C7C18 Ellie Caryl Partner 1 EXHIBIT 1 AMENDED SCOPE OF SERVICES, SCHEDULE, FEES OVERVIEW OF FEES AND PROPOSED AMENDMENT: Original Contract Fee, Total: $8,925.00 (as part of the original $30,000) Fee Amendments: Expanded and Added Services for Task #1 contribution, no charge Expanded and Added Services for Task #2 $2,805.00 Expanded and Added Services for Task #3 $4,675.00. Total Additional Fees $7,480.00 New Total Fee, MVTP: $16,405.00 Amends total Veracity contract, all work, to $37,480.00 GENERAL PROJECT OVERVIEW: In October, 2019, Eagle County amended an existing services Agreement with VeraCity, LLC (VeraCity) to provide assistance to the Community Development Department, due to current limited workload capacity in the department, with the revision of the “Mid-Valley Trails Plan” (Plan). The Plan is intended as a reference guide and planning document for the improvement or expansion of trail systems in the Roaring Fork and Frying Pan river valleys of Eagle County that serve bicyclists, pedestrians and equestrians. The Plan will address both multi-use paved trail systems and soft-surface dirt or gravel trail systems in this area, as well as linkage to existing or proposed trails in adjacent Pitkin and Garfield counties. The plan is also intended to serve as a resource for evaluating land use development proposals and related trail connectivity. Work has been completed on the Plan process and revisions as described in the initial Scope of Work of October, 2019 and the Plan is currently in the Referral Review process phase. However, it is evident that to satisfactorily complete the project and be responsive to constituent and Roaring Fork Valley Regional Planning Commission interests, the project requires an expanded scope of tasks, a commensurate fee increase and a recommended term extension of two weeks. Total VeraCity contract with Eagle County will be amended from $30,000.00 to $37,480.00, for all previous services described in the Original Agreement, subsequently described in the First DocuSign Envelope ID: A99CF332-F2BD-481A-B650-5E19DA7C7C18 2 Amended Scope of Work to commence the Plan project, and including this Second Amended Scope of Work. EXTEND CONTRACT The Term of the original Agreement between VeraCity and Eagle County shall be extended through this amendment from December 31, 2019 to July 31, 2020 to accommodate the work described in this Amendment and be responsive to available Planning Commission hearing dates. REVISED SCOPE OF WORK AND COSTS FOR CURRENT AND REMAINING TASKS: TASK 2: Stakeholder and Referral Process Task 2 Work includes the following components: Original Scope: 1. Jan. 2020 meeting with MVTS/MVT (1 @ 3 hrs.) 2. Revise draft per MVTS, MVTC, CD, Eagle County Legal and Engineering initial review 3. comments (8 hrs.) 4. Map review/edits with GIS (2 hrs.) 5. Coordinate release (through CDD) of draft plan to partner/stakeholder agencies and 6. public for 30-day review (4 hrs.) 7. Work session with RFVRPC, includes preparation with MVTS and CDD (3 hrs.) 8. Revise and prepare Final Plan for adoption per agency, RFVRPC and public comments (15 hrs.) 9. Project management and general communications with CDD as weekly updates (2 hrs.) Additional Scope – total 33 hours of services: 1. Expanded mapping coordination, review, phone meetings, data gathering, map editing. 2. Reduction in planned data gathering, writing/editing assistance by MVTC and MVTC staff. 3. Expanded text preparation, data gathering, formatting. 4. Added task of request, acquisition and administration of photos from multiple internal and outside sources including local agencies, interest groups, photo field trip, phone meetings with a contract photographer. 5. Expanded staff meetings. 6. Expanded role for February 6 RFVRPC meeting, including slides, advertisement, press release, follow up with interested constituents. 7. Expanded attendance at RVVRPC to include open house format. 8. Added attendance at MVTC January meeting. Task 2 Fees: Original task hours: 37 hours @ $85.00 per hour = $3,145.00 DocuSign Envelope ID: A99CF332-F2BD-481A-B650-5E19DA7C7C18 3 Amended task hours, total: 70 hours @ $85.00 per hour = $5,950.00 Additional budget required: 33 hours @ $85.00 per hour = $2,805.00 TASK 3: Final Plan Adoption Task 3 Work includes the following components: Original Task 3 scope identified possible tasks that VeraCity might assist with, upon final direction from staff and “as the remaining budget allows.” $1,700 was identified as the available budget for Task 3. The following defines the final and necessary subtasks required from VeraCity to assist staff in the final draft and adoption phase, and expanded from what was originally planned for the project in order to be responsive to the public, agencies and Planning Commission input and process. 1. Assist with preparation of RFVRPC March 19 meeting packet – memo, spreadsheet, initial comment review, planning and review team meetings. 10 hrs. 2. Assist with preparation of RFVRPC second worksession (rescheduled from March 19) meeting slide presentation and verbal remarks. 3 hrs. 3. Attend RFVRPC second worksession meeting. 2 hrs. 4. Revise and prepare Final Plan for adoption per agency, RFVRPC and public comments. Original time estimate for this task was 15 hours. Given the scale of the current draft, interested party comments, restructure of certain text, coordination of new information, resolving conflict issues, completing minor to moderate revisions, final map reviews, formatting and other related tasks, this task is expected to require up to 40 hours from Veracity as lead for the final editing process. Includes anticipated staff communications by phone, email and possible in-person meetings. 40 hrs. 5. Assist with preparation of the next available RVFRPC Adoption hearing meeting packet – staff memo 6. and other related background materials deemed necessary. 4 hrs. 7. Assist with preparation for the next available RVFRPC Adoption meeting presentation, including verbal remarks and slide presentation. 3 hrs. 8. Attend the next available RFVRPC meeting. 2 hrs. 9. Assist with additional final tasks as necessary, e.g. response to referral commenters, and final edits required by PC as a result of the adoption hearing. 10 hrs. Task 3 Fees: Original task hours: 20 hours @ $85.00 per hour = $1,700.00 Amended task hours, total: 75 hours @ $85.00 per hour = $6,375.00 Additional budget required: 55 hours @ $85.00 per hour = $4,675.00 WORK TO BE PERFORMED BY OTHERS: DocuSign Envelope ID: A99CF332-F2BD-481A-B650-5E19DA7C7C18 4 VeraCity scope of work deliverables and schedule assumes timely product delivery by all other parties involved in the project including but not limited to MVTS, MVTC, Eagle County staff and partners or stakeholders. To the best of its ability, Veracity will work to coordinate timely delivery or product and comments by others, but will rely on CDD for assistance in this effort as needed. The Original Scope envisioned the following elements of work by others: 1. Trail mapping 2. Trail photography 3. Graphics 4. Printing 5. Review of plan drafts and prompt delivery of comments by MVTS and MVTC. 6. Collaboration and assistance from MVTS and MVTC are essential due to their knowledge and expertise involving trails in the Roaring Fork Mid-Valley area and involvement in the original plan and the existing draft update. Collaboration and assistance may include text contributions, interim editing, communications with agencies and partners, attendance at meetings as needed with partners, agencies, county staff and public and boards or commissions as well as field work as needed. The Amended Scope provides further definition of work to be performed by others towards final completion of the project: Eagle County staff: 1. Trail mapping – staff will lead on completion of this task, VeraCity will assist 2. Trail photography – staff will lead on completion of remaining photography. Veracity will assist with final cataloging/insert as needed. 3. Graphics – staff will lead on completion of this task, including plan cover graphics 4. Website, Advertisement and Publicity – staff will lead 5. Legal and LUR process coordination – staff will lead 6. Printing and Distribution – staff will lead 7. Public meeting coordination – staff will lead 8. Meeting materials and presentations – staff and VeraCity will work jointly towards completion on content and format. 9. Document Drafts – staff and VeraCity will work jointly towards completion, with VeraCity leading as writer-editor and staff serving as editors. END of AMENDED SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: A99CF332-F2BD-481A-B650-5E19DA7C7C18