HomeMy WebLinkAboutC07-292 Cecil LoggingAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND
CECIL LOGGING, INC.
THIS AGREEMENT ("Agreement"), dated this /5day of September, 2007 between Eagle
County, Colorado, ("County") and Cecil Logging Inc., a company with its principal place of
business at 409 5th Street, Granby, Colorado, 80446 ("Contractor").
WITNESSETH:
WHEREAS, County desires to cut and remove by helicopter all lodgepole pine over 5 inches in
diameter at breast height from approximately 29 acres of White River National Forest land and
approximately 4 acres of Town of Vail, in the West Vail area, as part of the Lower Gore Creek
Hazardous Fuel Reduction Project; and
WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience
and expertise in helicopter 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 helicopter logging and land clearing services to
Eagle County so as to cut, remove, process woody debris, and if needed haul timber, as
set forth more fully in Exhibit "A," attached hereto and by this reference, made part of
this Agreement.
B. Contractor may hire certain subcontractors to perform work under this
Agreement, all of whom must be pre -approved by the Eagle County Project Manager
prior to providing any services in connection with this Agreement. For work involving
helicopter operation, Contractor shall contract only with qualified and licensed helicopter
operator(s), who shall also be pre -approved by the Project Manager prior to performing
any services in connection with this 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/Helicopter Tree Removal/Chipping, shall not
exceed the -amount as shown on Contractor's; proposal form dated August 31,
2007, attached; hereto as Exhibit "A" and incorporated herein by this reference.
The total cost for all of the Work shall not exceed four hundred and twenty
thousand dollars ($420,000.00) absent an amendment to this agreement signed by
both parties. Progress payments will be made based on actual work completed,
with 10% of each payment being held back by County pending final, satisfactory
completion of the Work. Contractor shall submit to County a progressive invoice
no more than once monthly during the course of performing the Work. Such
invoices shall describe the particular tasks performed to date. Upon request, the
Contractor shall provide County with such other supportinginformation as
County may request. 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
April 30, 2008 (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:
A. 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.
B. Notwithstanding the foregoing, Contractor acknowledges that County is relying
on, and does not waive or intend to waive the monetary limitations, or any other rights,
immunities and protections provided by the Colorado Governmental Immunity Act, (C.R.S. §24-
10-101 et seq.), as from time -to -time amended or as otherwise available to County, its
commissioners, officers and employees, all of which rights, immunities and protections County
expressly retains.
4. ENFORCEMENT REMEDIES:
A. The Contractor's obligations hereunder shall survive termination of the
Agreement.
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.
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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
A. At all times during the term of this Agreement, Contractor shall maintain
commercial general liability insurance in the minimum amount of one million dollars
($1,000,000.00) per injury, and the minimum aggregate amount of three million dollars
($3,000,000.00). Contractor will also carry Worker's Compensation insurance as required by
Colorado law.
B. All insurance required hereby shall be issued by an insurance company or
companies authorized to do business in the State of Colorado. Certificates of Insurance
acceptable to County shall be filed with County prior to commencement of the Work. Coverage
afforded under the policies will not be canceled until at least thirty days prior written notice has
been given County. Contractor and his subcontractors shall not permit any of his subcontractors
to start Work until all required insurance have been obtained and certificates with the proper
endorsements have been filed with County. Failure of the Contractor to comply with the
foregoing insurance requirements shall in no way waive the County's rights hereunder.
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 Project Manager:
Eric Lovgren, Wildfire Mitigation Specialist
County Community Development Department
P.O. Box 179
500 Broadway
Eagle, Colorado 81631
(970) 328-8742 (p)
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Contractor:
Justin Cecil, Owner
Cecil Logging Inc.
409 5th Street
Granby, Colorado 80446
(562) 533-2179 (cell)
(909) 337-2134 (office)
(970) 328-7185 (f)
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:
b.ttps://www.vis-dh.s.com\ein leo j�gistration.
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:
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
/ /J day of September, 2007.
ATTEST:
I
Clerl
Com
STATE OF
) SS.
COUNTY OF
COUNTY OF EAGLE, STATE
OF COLORADO, by and
through�,OF
COLT ISSIONERS
Chairman
Cecil Logging, Inc.
Granby, Co rado 80446
B
Ju tin Cecil
stimator/ Project Manager
The fo goint instrument was acknowledged before me b
of
My co iopires:
r
Notary Public
y 3�11yl CR�� , this I IV—' day
