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HomeMy WebLinkAboutC20-229 Metcalf Archaeology FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND METCALF ARCHAEOLOGICAL CONSULTANTS, INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of _______________, by and between Metcalf Archaeological Consultants, Inc., a Colorado Corporation (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 3rd day of October, 2019 for certain Services (C19-335 the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed $6,769 and such duties would be completed by November 15, 2019; and WHEREAS, the Consultant identified other additional duties that are required to finalize the ultimate project and are detailed in Exhibit A-1; and WHEREAS, the County and Consultant desire to extend this agreement to enable Consultant to complete the additional duties: and WHEREAS, County and Consultant desire by this First Amendment to expand the scope of Services, term 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 A-1 and which are attached hereto and incorporated herein by reference. 2.Paragraph 5 is modified to include the maximum not exceed $17,114.00, which incorporates compensation for the additional Services set forth in Exhibit A-1 as $10,345. 3.Paragraph 3 is modified to extend the term to November 15, 2020. 4.Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties.          C20-229 2 Eagle County Am Scope and Comp Final 5/14 5. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. EAGLE COUNTY, COLORADO By and through its County Manager By: ____________________________________ Jeff Shroll, County Manager CONSULTANT: Metcalf Archaeological Consultants, Inc. By: _____________________________________ Print Name: Kimberly Kintz         (;+,%,7$ 6HH6FRSHRI:RUNDQG&RVW(VWLPDWHZKLFKLVDWWDFKHGKHUHWRDQGLQFRUSRUDWHGKHUHLQ DV([KLELW$ &RPSHQVDWLRQIRUWKHDGGLWLRQDO6HUYLFHVVKDOOQRWH[FHHGIRUDWRWDORI         EAGLE COUNTY BRUSH CREEK VALLEY TRAILS PROJECT, EAGLE COUNTY,COLORADO SCOPE OF WORK AND COST ESTIMATE (REVISED MAY2020) DESCRIPTION AND PROJECT UNDERSTANDING Metcalf Archaeological Consultants, Inc, is pleased to offer this revised scope of work and cost proposal to Eagle County (Peter Suneson, Eagle County Open Space Manager) to complete cultural resource investigations for proposed recreational trails in the Hardscrabble area near the town of Eagle, Eagle County, Colorado. Metcalf previously worked in 2019 with Diane Mauriello of Eagle County to provide a scope and cost estimate for this project (dated September 25, 2019) in the amount of $6,769.00 which included the recordation of up to 3 archaeological or historic sites. That proposal was approved and Eagle County and Metcalf entered into a contract. Metcalf archaeologist Melissa Elkins conducted initial fieldwork in October of 2019 and surveyed a portion of the southeast-most proposed trail segment. Due to early snow storms and ground cover, fieldwork could not be completed at that time. During fieldwork, however, a higher site density was discovered than was originally expected. Therefore, Metcalf is providing this revised scope of work and cost estimate to complete Class III inventory and site recording in the summer of 2020. The project’s total area of potential affect (APE) is about 3.1 miles of linear trail segments (16,669 feet) – these figures were derived from kmz and GIS shapefiles given to Metcalf by Eagle County on September 13 and 16, 2019. The trails are located on Bureau of Land Management, Colorado River Valley Field Office (BLM-CRVFO) administered lands, and private Eagle County lands; and the break down is shown in the table on page 2. Because portions of the trails planned for development are located on BLM lands, it is considered a federal undertaking and requires compliance with Section 106 of the National Historic Preservation Act (NHPA) to identify any historic properties that could be affected by the project. BLM often requires inventory of private lands along with federal land for recreational trail projects, because the trails cross both and is therefore considered a “connected action”. Therefore in this scope of work, I am assuming that Metcalf will inventory the entire project area including both BLM and privately-owned lands. My revised cost estimate for the cultural resource investigations and reporting is $17,114.00.This cost estimate includes the recordation of a total of eight new archaeological sites and revisit of two known previously recorded sites, for a total of ten sites. We can initiate our survey as soon as we have a signed contract in place with Eagle County and our BLM fieldwork authorization is renewed. Metcalf bills on a time and materials basis; therefore, if fewer sites are encountered than expected, the costs will be lower. If additional sites are found than expected, we will contact Eagle County immediately to discuss the additional costs for documentation and reporting. This scope and cost is being offered by: Metcalf Archaeological Consultants, Inc. Melissa Elkins, Project Manager 31 Eagle Park East Drive, PO Box 899 Eagle, Colorado 81631 719-238-2106 (cell) melkins@metcalfarchaeology.com         2 | Page COMPANY BACKGROUND Metcalf Archaeological Consultants, Inc., is a full service, 100% employee-owned cultural resource management firm. For nearly 40 years, Metcalf has provided a wide-range of cultural resource services for a diverse group of clients in a variety of industries. We apply our depth of knowledge and experience to create value for our clients. Our professional staff fosters strong working relationships with federal, state, tribal, and local government agencies. Metcalf provides exceptional service and expert solutions in cultural resource management while furthering the profession’s goal of understanding our nation’s cultural heritage. Metcalf has extensive experience in archaeological survey in Eagle County, specifically working with the BLM- CRVO. We have done several recreational trail surveys for the Town of Eagle in the Hardscrabble area and surrounding areas in recent years. SERVICES TO BE PERFORMED Metcalf proposes to conduct cultural resource investigations for Eagle County’s Brush Creek Valley trails project which will identify all cultural resources within the project APE in the Hardscrabble area near Eagle. This work will follow the typical sequence for Section 106 compliance projects; requiring three steps (Files Search and Literature Review, Field Inventory, and Reporting) which are outlined below. 1. Files Search and Literature Review The required first major data collection step for any cultural resources inventory is to query the Colorado Office of Archaeology and Historic Preservation (OAHP) COMPASS database for known sites and previous inventories. For previously recorded cultural resources within the current project area, Metcalf will obtain site forms from the OAHP and GIS data of site locations. We will consult BLM-CRVFO to confirm that theirs and OAHP’s data are the same; in-house files searches at the BLM should not be necessary. In addition, Metcalf will consult historic GLO maps and historic USGS maps to determine the presence of historic features that may be within the project area. The file search information will be used to gain a better understanding of the range and types of cultural resources that may be present within the proposed project area. These tasks can be started immediately upon receipt of notification to proceed from Eagle County. In order to inform the assumptions and site expectations for this proposal, a preliminary files search was conducted on the OAHP website. It appears that although previous cultural resource inventories cross the current project area, none have completely covered it. Therefore, new inventory of the proposed trails is recommended. The potential for cultural resources is high in the APE, as many historic and prehistoric sites have been previously documented nearby. The potential for sites increases our costs because of the necessary field and office time to document them. In particular, during our 2019 fieldwork, we encountered a segment of the historic McKenzie irrigation ditch and two new historic artifact scatters. In addition, we will need to revisit two known previously recorded sites (5EA.520 and 5EA.1522.1) and we expect to find as many as three historic road segments, and two new historic or prehistoric sites. Therefore, this scope and costs assume that as many as ten archaeological sites will be found that require documentation.         3 | Page 2. Field Inventory Metcalf proposes to conduct the pedestrian survey portion of the Class III inventory by walking the entirety of the APE with pedestrian transects spaced at no more than 20 meters apart. For Class III inventory, the APE will include the proposed trail segments with an added 100 foot wide corridor (50 feet on each side of the centerline). This is the federal agency standard for survey accepted by the BLM and OAHP. The trail segment lengths and land ownership are provided below, as delineated in kmz and GIS shapefiles provided to Metcalf. Trail Name Length in Feet Land Ownership Overlook Trail, Part 1 532 BLM Overlook Trail, Part 2 3238 Eagle County Overlook Trail, Part 3 690 BLM Overlook Trail, Part 4 4329 Eagle County Overlook Trail, Part 5 655 Eagle County Trailhead Segment 1065 Eagle County Trail Gulch Connection, Part 1 3138 Eagle County Trail Gulch Connection, Part 2 2022 BLM Road Gulch segment 1000 (approx)BLM Total Length 16,669 Any cultural resources found during inventory will be recorded to professional standards, including completion of Colorado Cultural Resource Forms for archaeological sites, which are the standard documents used state-wide. For all discovered sites, documentation will include digital photographs, artifact and feature sketches or photos, and maps produced with sub-meter GPS. Each site will be evaluated for its eligibility to the National Register of Historic Places (NRHP), and recommendations for further work (if applicable) will be provided. Our standard recommendation for sensitive or significant sites is avoidance from construction activities; if avoidance is not possible, then we will work with the client to propose site mitigation measures, in consultation with BLM. 3. Reporting The results of the Class III inventory will be reported according to federal agency standards in a report that will be sent to Eagle County, first for review. We will incorporate any requested changes from the client, and then send a copy to BLM for review. Metcalf will include any edits or changes requested by BLM and send them final copies of the report and site forms, which they will then send to OAHP. The detail and length of this report will depend on the results of the survey. Per Colorado BLM and OAHP stipulations, site locations will not be released to the client without permission. A copy of the report that includes site forms and location maps will be given to the federal agency only; the version sent to Eagle County will have this information redacted. PROJECT ASSUMPTIONS This proposal, including the scope of work and budget, is predicated on several assumptions: General Assumptions x The cost and scope is based on information provided in email and phone conversations with Diane Mauriello of Eagle County between September 13 and 16, 2019; and with Peter Suneson of Eagle County between October 2019 and May 2020. Any fundamental changes to the areas needing cultural resource inventory may require a change order and additional fees.         4 | Page x The cost and scope includes pedestrian survey of the trail segments as mapped and listed in the table above and totaling about 9.7 acres of BLM land and 28.5 acres of Eagle County lands (with survey buffers of 100 feet added) for a total of 38.2 acres. It also includes the necessary pre-field work including a files search through OAHP and BLM, coordination with the proponent, and preparation of a report. x Metcalf assumes that the Class III inventory and site recording can be completed by three archaeologists in 3 days. This includes travel to and from one of our offices. x Metcalf assumes that up to 10 archaeological sites will be found, as described previously. If additional cultural resources are found that require documentation, this will require a change order and additional fees. x Project GIS data sets and/or detailed maps will be made available for Metcalf’s field GPS use prior to the field inventory. x For pedestrian survey, permission to access any involved private lands will be obtained by the project proponent prior to the start of fieldwork. x The project area must be at least 80% free of snow cover for the pedestrian survey to be conducted. x Down time for weather delays or other factors outside of Metcalf’s control are billed at regular time, and will be in addition to this estimate. Additional mobilizations deviating from this schedule are not included and will be billed on a time and materials basis. No overtime is proposed or included in the estimate. x Evaluative test excavations at archaeological sites are not included in this scope and cost estimate. If testing is needed in consultation with BLM, Eagle County will be notified of additional fees. x Native American Tribal consultation is not included in this scope of work or costs; nor is it anticipated to be necessary. Tribal consultation, by regulation, is the responsibility of the federal agency. x If the project is cancelled by the proponent prior to its completion but after the cultural resource inventory has been done, results of the inventory will still need to be reported to the BLM and OAHP following their standards. At Metcalf, we pride ourselves on professional integrity and competence, as well as our demonstrated ability to meet project deadlines while adhering to established budgets. I hope that we can be of assistance in Eagle County’s proposed Brush Creek Valley trails project. I understand that Eagle County would like this work completed as soon as possible in the spring/summer of 2020. If we are given notice to proceed, we will be able to conduct our Class I files search immediately and the Class III inventory soon after we receive those results as well as a fieldwork authorization from BLM-CRVFO (which usually only takes a few days). We will also fast-track our reporting in order to get a draft to Eagle County and BLM as soon as possible (likely within three weeks at most from the close of fieldwork), so that the project’s overall timeline can be met. Sincerely, Melissa Elkins Metcalf Archaeological Consultants, Inc. Project Manager and Regional Project Coordinator Eagle, CO Office (719) 238-2106, cell