HomeMy WebLinkAboutC07-276 Timberwolf IndustriesAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND
TIMBERWOLF INDUSTRIES
THIS AGREEMENT ("Agreement"), dated this day of September, 2007 between Eagle
County, Colorado, ("County") and Timberwolf Industries, a company with its principal place of
business at 1642 Prince Creek Road, Carbondale, Colorado, 81623 ("Contractor").
WITNESSETH:
WHEREAS, County desires to remove timber and construct a temporary access road so as to
provide for a helicopter landing area at 2212 Vermont Court, West Vail, Colorado; and
WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience
and expertise in logging and land clearing and wishes to provide said services to County; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the
responsibilities of Contractor in connection with the Project and related terms and conditions to
govern the relationship between Contractor and County in connection with this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the following promises,
Eagle County and Contractor agree as follows:
1. SCOPE OF WORK: The following will collectively be referred to as the "Work:"
A. Contractor agrees to provide logging and land clearing services to Eagle County
so as to remove and haul timber, build a temporary access road and haul road base as set
forth more fully in Exhibit "A," attached hereto and by this reference, made part of the
agreement.
B. Contractor agrees that Contractor will not enter into any professional service
agreements or consulting arrangements with third parties that will conflict in any manner
with the Work to be provided under this Agreement. County agrees that County will not
enter into any consulting arrangements with third parties that will conflict with the Work
to be provided under this Agreement.
2. CONTRACTOR'S REPRESENTATIONS:
A. Contractor has familiarized itself with the nature and extent of the contract
documents, work, locality, and with all local conditions, and federal, state, and local laws,
ordinances, rules, permits and regulations that in any manner may affect cost, progress, or
performance of the work.
B. Contractor has studied carefully all reports of investigations including utility
locates, and tests of subsurface and latent physical conditions at the site or otherwise affecting
cost.
3. CONTRACT PRICE
A. The funds appropriated for this project are equal to or in excess of the contract
amount. County shall pay Contractor for performance of the work in accordance with the
Contract Documents in current funds as follows:
Compensation for Tree Cutting/skidding/chipping and cutting of the access road
shall not exceed the amount as shown on Contractor's proposal form dated
August 1, 2007, attached hereto as Exhibit B" and incorporated herein by this
reference. Compensation for loading trees shall be at a rate of two hundred
dollard ($200.00) per load and compensation for hauling of road base or recycled
asphalt shall be at a rate of eighty five dollars ($85.00) per hour. The total cost
for all of the Work shall not exceed fifty five thousand dollars ($55,000.00)
absent an amendment to this agreement signed by both parties. Final
Compensation shall be made after the Work is satisfactorily completed and
approved by County.
B. 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, 2007 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).
3. COMMENCEMENT AND COMPLETION OF THE WORK
A. Contractor shall commence the Work promptly after execution of this Agreement
by both parties. It is anticipated that completion of the Work by Contractor will be achieved by
October 5, 2007 (the "Completion Date"). Contractor agrees to notify County is achievement of
the Completion Date appears unlikely as soon as it so appears to the Contractor, and thereupon,
County and Contractor will meet to discuss the reasons for delay and means of achieving timely
completion. County and Contractor will cooperate in seeking to achieve timely completion and
Contractor will use its best efforts to achieve timely completion.
3. INDEMNIFICATION:
The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County
and any of its officers, agents and employees against any losses, claims, damages or liabilities for
which County or any of its officers, agents, or employees may become subject to, insofar as any
such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or
are based upon any performance or nonperformance by Contractor hereunder; and Contractor
shall reimburse County for any and all legal and other expenses incurred by County in
connection with investigating or defending any such loss, claim, damage, liability or action.
4. ENFORCEMENT REMEDIES:
A. The Contractor's obligations hereunder shall survive termination of the
Agreement.
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B. County and Contractor agree that this Agreement may be enforced for specific
performance, injunctive, or other appropriate relief, including damages, as may be available
according to the laws and statutes of the State of Colorado. It is specifically understood that by
executing this Agreement, both County and the Contractor commit themselves to perform
pursuant to these terms contained herein. In the event that an action is brought to enforce this
Agreement, the prevailing party shall be entitled for the recovery of its costs and fees, including
reasonable attorney's fees.
5. MISCELLANEOUS:
A. This Agreement shall be governed and construed in accordance with the laws of
Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be
in the State of Colorado District Court in and for Eagle County, Colorado.
B. This Agreement, and the rights and obligations created hereby, shall be binding
upon and inure to the benefit of County and Contractor and their respective successors and
assigns. Nothing herein expressed or implied is intended or should be construed to confer or
give to any person or entity other than County or Contractor and their respective successors and
assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or
condition herein contained.
C. If any portion of this Agreement is held invalid or unenforceable for any reason
by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or
its unenforceability shall not affect the remaining provisions; such remaining provision shall be
fully severable and this Agreement shall be construed and enforced as if such invalid provision
had never been inserted into this Agreement.
D. This Agreement may be amended, modified, changed, or terminated in whole or
in part only by written agreement duly authorized and executed by both County and Contractor.
This Agreement represents the full and complete understanding of County and Contractor and
supersedes any prior agreements, discussions, negotiations, representations or understandings of
County and Contractor with respect to the subject matter contained herein.
E. The parties hereto agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained shall be
binding on either party, or its agents or employees hereto.
F. All of the covenants herein contained shall be binding upon and inure to the
benefits of the parties hereto, their respective successors and assigns.
G. County may terminate this Agreement, in whole or in part, for any reason, at any
time, with or without cause, upon providing ten (10) days notice to Contractor. Upon such
termination, County shall be liable for Services satisfactorily completed prior to the notice.
8. INSURANCE
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At all times during the term of this Agreement, Contractor shall maintain commercial general
liability insurance in the minimum amount of one million dollars per injury and the minimum
aggregate amount of two million dollars ($2,000,000). Contractor will also carry Worker's
Compensation insurance as required by Colorado law.
8. NOTICE AND AUTHORIZED REPRESENTATIVES
Any notice and all communications required under this Agreement shall be given in writing by
personal delivery, fax or mail to the appropriate party at the following addresses:
County:
Eric Lovgren, Wildfire Mitigation Specialist
County Community Development Department
P.O. Box 850
500 Broadway
Eagle, Colorado 81631
(970) 328-8742 (p)
(970) 328-7185 (f)
Contractor:
Brian Farris, Owner
Timberwolf Industries
1642 Prince Creek Road
Carbondale, Colorado 81623
(970) 704-1057 (home)
(970) 379-2089 (office)
Notices shall be deemed given on the date of delivery or three days after the postmarked date of
deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service.
9. PROVISION MANDATED BY HOUSE BILL 1343: PROHIBITIONS ON PUBLIC
CONTRACT FOR SERVICES
A. The Contractor 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 contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under the.public contract for services.
B. The Contractor 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 Contractor does not employ any illegal aliens. If the Contractor is not accepted
into the Basic Pilot Verification Program prior to entering into a public contract for services, the
contractor shall apply to participate in the Program every three months until the contractor 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://www.vis-dlis.com\ei-nployerregistration
C. The Contractor 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 Contractor obtains actual knowledge that a Subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
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i. Notify the Subcontractor and the County within three days that the Contractor 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 Contractor 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 Contractor 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 Contractor violates these prohibitions, the County may terminate the contract
for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for
actual and consequential damages to the County.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement this
_day of September, 2007.
ATTEST:
IM
Cler'
Commissioners
COUNTY OF EAGLE, STATE
OF COLORADO, by and
through its BOARD OF
COUNTY COMMISSIONERS
BY: X1�n,�� jjph"—
Arn M. Menconi, Chairmano-►�
TIMBERWOLF INDUSTRIES
1642 Prince Creek Road
Carbondale, Colorado 81623
Brian Farris
Estimator/ Project Manager
STATE OF�T� )
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COUNTY OF
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The fo��going instrupient was acknowledged before me bm x , this -1-2 9 � day
of P .2007.
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My m1�ssion expi s: NANCY
NC R. WRIGHT
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Notary Public ! STATE OF COLORADO
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EAGLE COUNTY
Lower Gore Creek Fuel Reduction Project — Helispot/Landing Area
Scope of Work
Start Date: 1" week of September, 2007
Desired Completion Date: 1 st week of October, 2007
Project Site Location: 2212 Vermont Court, West Vail, CO (Parcel # 2103-141-03-017)
Element 1— Access Road Construction: Grading permit and construction in the right-of-
way permits obtained by Eagle County, access road to follow site plan and permit
stipulations developed by Eagle County Engineering. Road width: 15feet. Road Grade:
not to exceed 10%. Road base or recycled asphalt provided by Eagle County, hauled to
site by contractor from a location no further than 30 miles from project site at a cost of
$85.00 /hr. Silt fencing, straw bails, drainage culverts provided and installed by
contractor. All construction and grading, including skid -trail from helicopter landing area
to loading area, to be completed by contractor and billed to Eagle County. Eagle County
responsible for re -vegetating road -cut.
Element 2 — Tree Removal / limbing / bucking / topping / loading: All tree falling,
skidding, limbing and bucking to be completed by contractor. Trees to be loaded onto
trucks at a rate of 2-4 trucks per day at a cost of $200/load
Drafted by:
Eric Lovgren
Project Manager — Eagle County Wildfire Mitigation Specialist
Brian Ferris
Project Contractor — Timberwolf Industries
7EXHIBIT
Page 1 of 6
Eric Lovgren
From: campfarris@aol.com
Sent: Wednesday, August 01, 2007 8:48 AM
To: Eric Lovgren
Cc: campfarris@.com; dfarris@sopris.net
Subject: Helipad
View frill size
TIMBERWOLF INDUSTRIES
Bid Proposal Vermont Court Helipad and Access Road
Timberwolf Industries is a logging and land clearing company that has a combined 80 years in the Colorado
timber industry. The owners/operators are father and son and are 3rd and 4th generation Western Slope of
Colorado natives. We have worked all over the state doing performing this kind of work. Some of our past jobs
have included tree removal and thinning, as well as road right of way clearing, in such environmentally sensitive
areas as Maroon Bells campground and Bear Lake Road in Rocky Mountain National Park. We have done large
timber sales on National Forest land to single tree removal on private property. We have also constructed many
roads, from temporary to permenant, on National Forest timber sales. Being loggers in Colorado, as well as the
fact that we have lived in the Roaring Fork valley all our lives, we are intimately familiar with the local sentiment
and expectations of logging in the urban interface. More information can be provided on request as to other jobs
we have performed.
Our plan for the Helipad project starts with building a temporary road on to the property. We will clear the trees in
the road right of way first, then begin road building. This road will be temporary in nature and in no way finished
8/7/2007
Page 2 of 6
to full county specifications. It will begin off Vermont Court and head in an Easterly direction climbing at an
approximate 8to10 percent grade to the lower bench. The road will then sweep to a southeasterly direction and
begin climbing at a steeper 14to16 percent grade along the northeast edge of the property just above the steep
break -over to the creek. This road will then make a sweep to the west once it reaches the upper bench and then
end on the flat. Once the road is complete logging will begin. This will be done with a tracked feller-buncher and
bulldozer. A delimber may be used as well. Logs will be decked in such a manner that removal with a self loader
long log truck is possible. Tops and limbs will be chipped and left on site. We anticipate starting on
approximately September 1 st with work being completed in approximately 45 days. I know this sounds excessive
and we plan on having this work completed much sooner, we just need to cover the operational period. As time is
of the essence we will also attempt to begin much sooner if possible. If we are the successfull bidder we will be in
contact with Eric to start and complete this project as soon as possible. Once the project is completed we will
reclaim the road. Reclaimation Timberwolf Industries performs will be for the road only and not landing areas
unless other arrangements are made at that time.
Thank you for the opportunity to work with you on this showcase project.
Brian Farris
Timberwolf Industries
8/7/2007
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PROPOSAL. FORM
This forfn is to be submitted as part of the Proposal.
Upon due consideration and review of the Invitation for Bid, I/We do hereby submit the following proposal and
establish a Lump Sum Price for the Vermont Court Helipad and Access Road, Vail, Colorado.
1. Lump Sum Price, Tree cutting/skidding/chipping $ 2 Z y '�
2. Lump Sum Price, Access Road
3. Indicate hourly rates for all changes in scope for all levels of self performed work:
General Labor $ /hour
Supervision $ hour
3. Indicate Contractor Fee for all changes in scope:
percent
5. Indicate, which elements of work you would propose to perform with your own forces.
By
Its
Date
EXHIBIT
