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HomeMy WebLinkAboutC08-178AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ENVIRONMENTAL FORESTRY SERVICES, LLC THIS AGREEMENT ("Agreement"), dated this ~ day o c~~ , 2008 between Eagle County, Colorado, ("County") and Environmental Forestry Services, LLC a company with its principal place of business in Silverthorne Colorado, 80498 ("Contractor"). WITNESSETH: WHEREAS, as part of the Lower Gore Creek Hazardous Fuel Reduction Project, County desires to hire a contractor to perform site clearing work at the West Vail Helicopter Site, which work will include clean up of logging slash and debris; and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise in the use of chippers and other equipment necessary to accomplish such land clearing services 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 perform site clearing services including the clean up of logging slash and debris by using a 19 inch chipper with Skid Steer and a tracked skid steer loader. Contractor will use its own equipment and will furnish all labor and materials necessary to complete the project as further described in Contractor's proposal dated May 10, 2008, attached hereto as Exhibit "A" and incorporated herein by this reference. Contractor will make efforts to minimize impacts on vegetation and minimize soil compaction. B. Contractor agrees that Contractor will not enter into any service contracts or consulting arrangements with third parties that will conflict in any manner 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 Contractor's Work shall be at a rate of two thousand five hundred eighty five dollars per day, as shown in Exhibit "A." If additional clean up work is required after the Work is completed, the cost to complete such additional work shall be at a rate of one thousand three hundred twenty five dollars per day, as shown in Exhibit "A." The total time for completion of the Work shall not exceed ten days and the total cost for all of the Work shall not exceed thirty thousand dollars ($30,000.00) absent an amendment to this agreement signed by both parties. Final Compensation shall be made after the Work is satisfactorily completed and approved by the County representative identified herein. 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, 2008 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 Contractor shall commence the Work promptly after execution of this Agreement by both parties and shall be completed within ten (10) days after commencement of the Work. 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. 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 termination of the Agreement. B. County and Contractor agree that this Age performance, injunctive, or other appropriate relief, incl according to the laws and statutes of the State of Coloradi executing this Agreement, both County and the Contr pursuant to these terms contained herein. In the event th Agreement, the prevailing party shall be entitled for the re reasonable attorney's fees. 5. MISCELLANEOUS: e enforced for specific ~, as may be available ally understood that by themselves to perform brought to enforce this ~sts and fees, including A. This Agreement shall be governed and co dance with the laws of Colorado. Venue for any action arising out of any disput is Agreement shall be in the State of Colorado District Court in and for Eagle Co B. This Agreement, and the rights and obliga~ upon and inure to the benefit of County and Contractoi assigns. Nothing herein expressed or implied is intended give to any person or entity other than County or Contract, assigns, any right, remedy or claim under or by reason h~ condition herein contained. byaco its une fully s had ne in part This A superse County ;reby, shall be binding ~ective successors and construed to confer or pective successors and eon of any covenant or C. If any portion of this Agreement is held in ceable for any reason urt of competent jurisdiction, such portion shall be le and its invalidity or nforceability shall not affect the remaining provisi ing provision shall be everable and this Agreement shall be construed an such invalid provision ver been inserted into this Agreement. D. This Agreement may be amended, modifie rminated in whole or only by written agreement duly authorized and exe ounty and Contractor. greement represents the full and complete underst ty and Contractor and des any prior agreements, discussions, negotiations s or understandings of and Contractor with respect to the subject matter c E. The parties hereto agree that neither has m d any agreement with respect to the subject matter of this instrument other than rth herein, and no oral representation, promise, or consideration different from in contained shall be binding on either party, or its agents or employees hereto. F. All of the covenants herein contained sha pon and inure to the benefits of the parties hereto, their respective successors an 3 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. H. If any conflict exists between the provisions of this Agreement and Exhibit "A", the provisions of this Agreement shall control. 8. INSURANCE 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 occurrence 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 Community Development Department P.O. Box 850 500 Broadway Eagle, Colorado 81631 (970) 328-8742 (p) (970) 328-7185 (f) Contractor: George Hawes Environmental Forestry Services, LLC P.O. Box 1182 Silverthorne, Colorado 80498 (970) 531-5883 (phone) (866) 227-7065 (fax) 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: htths:,`/www.vis-dhs.com`.emplo crrc=;istration 4 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. //REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK// IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement this _~~day of 1~~,~ , 2008. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS °~ ~c~ '~ B ~ ~~ Clerk to the Board of Cou ~~~~~ Peter F. Runyon, Chairm Commissioners ~P-il~ ; D~LGu ~ ~. ENVIRON TAL FORESTRY SERVICES LC ~. - , By: Title: O ~'~/ `~` STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me by ,this day of , 2008. My commission expires: Notary Public In accordance with report by: N/A Dated: and materials to complete the clean up of logging slash and debris by using chippers and tracked skid steer loader with log ples, buckets, and grappl Skid Steer is to be RC-100 rates are daily and estimate two weeks or less to complete job. 12"Chipper with Skid Steer and all attachments 15" Chipper with Skid Steer and ail attachments 19" Chipper with Skid Steer and ali attachments 20" Chipper with Skid Steer and all attachments additional clean up work is required after chipping is completed. RC-100 with bucket Once chipping is completed, the chipper will be off the clock immediately. I All work is to be performed in a workmanlike manner in accordance with industry standards. Cost per day Cost per day Cost per day Cost per day Cost per day ~ $1 Owner agrees to pay EFS in accordance with the following schedule and terms. 1 Down payment will be : 0 2 Payment Schedule as follows: Weekly This le a bid proposal with a general description of the project and cost. ff the bid proposal is accepted, a more formalized contrast will be prepared providing detailed terms and conditions including all rights. This proposal will remain valid for a term of 10 days and maybe withdrawn by us it not accepted. You are hereby authorized to return a formal contract between us to accomplish the work described in the above proposal, for which the under signed agy~e to pay the amount stated in said proposal and according to the terms thereof. Geor a Hawes `~ y SUBMITTED BY ~/Z~/~ EXH~B~T J~ DATE PO Box 1182 Silverthorne, CO 80498 Phone: 970.531.5883 www.environmentalforestrvsenrices.com Fax: 866.227.7065 Tdi Free george C~environmentalforestryservices.com Date: 05/10/08 Work performed at Helicopter Site West Vail 06/12/2008 16:44 9706683342 ARROW INS PAGE 01/02 ACO6~+D. CERTIFICATE C?F LIABILITY INSURANCE ~ OP ID »H °~'~'~°°^^~" 1r1'NIR-2 06 12/OB PRODUCER THIS GERTIFICATE 1S 189UED AS A MA ER OF INFORMATION ONLY AND CONF5R8 NC RIGHTS UPON TWE CERTIFlCATE Arrow 2ASUrance Mgt -Frisco MOLDER. TH13 CERTIflCATE DOES NOT AMENb EXTEND OR P. O. SOx 500 d , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Frisco cp 80443 Phone: 970-668-3500 Fax: 970-6683392 lN9URERS AFFORDlN3 COVERAGE NAIG # "~~ INSURmA. vsE' 2msurance C aay Eav i;onmen to 7. lraresl try IrISURERe: Travelers z~nsurance $erVicea LLC >'o s i$2 INSLIRERC, ox i Silverthorae GO 80498 INSLR~Rc; INSURER E~ COVERAGES THE Pd.ICIEB OF MSI.RANCE LIS1~D BELOW HAVE ~N ISSLIFA TO 7FE INSLIiEq NAMED PROVE FOR THE POLICY PERIOD INDICATED NOTYVITHSTANOIN(~ ANY RELLJIREhENt, TERM OR CONDITION OR ANY CONTRACT OR OT~#R DOCUM~IT WRFI RESPECT TO VNiICH THIS CERTIFICATE MAY BE IssuED OR A44Y PERTAIN. T}~ INSURANCE AFFORDED BY THE POLICIES DESCRIpEp HEREIN IS SUB.rECT MALL TF+E TERM5, EXCLUSIONS ANp CdVDt11DNS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN M4Y HAVE BEQd REDUCEb BY PAID CLAMS LTR NS 7YPE Of MaIJRANCE POLICY NUMBER DATE DATE (M LINR'6 ca+IBRALLIABILRY EPdCHOCCURREPICE f x.,000,000 A X COMMERCLALGETERALLLABILITY SINASR 06/04/08 06/04/09 18E9 Eaoccvenee a 100 000 CLAIMS MADE XO OCCUR MEJ~ E1fP (Pny one psnaq a 5 , 000 PERSONAL i ADV IN,IXtY f 1 000 , 000 GEFIFAAI. I4GGi>fCJ1TE c 2, o 0 0, o 0 0 GENL AOORE6ATE LIMRAPPLIES P£R, PRODUCTS • Cp+Pl10P A00 ~ Z , O00 , O00 ~{ POLICY P~RCOT LOC AUTOMOBILE LJABA.TTY 8 PNYAUTO file-9137M874 06/06/08 06/06/09 _ ~ cld~eM) N^~1,6LIMIT ;1,000,000 ALL ovm~D Alrros 90QILY IN Ut J r ~ X SCHEDULED AurDS Saar P~^1 X HIREDALITOS BODILY INJURY ~ X NoN~oVYNED A1J105 leer eedEenq PROPERTY DAMAGE _ lPerscdGnH) ~'~ L~~' l4lJT0 ONLY - EA ACCIDENT ~ ANYNITO OTFERTWW FJS.ACC a AUTO ONLY: ACC. : EXCEB9AIMBTLELIJI LIABriITY EACH OCCURRETrCE c OCCUR ~ ClRIMS MADE AGOREOATE a a DEDUCTIBLE : RETENTION a ~ WORISER.s COMPENSATION ANO TORY LIMITS ER BIIPI.orstr LIAarsrv ANY PROPRIETDRJPPIiiNER>£XI:CUTIVE E,l. EACH ACCIDENT 5 OfFICERMIEkBEREItCLLI17Ep9 IT yes, dascdL~ UI109f EL.DISEA9E-EAE7rPLOYEk E SPECIAL PRDVISIONS delcw E L DISEASE -POLICY UNIT i OTHER DE3CRIPITON OF OPERATION91 LOCA710NB 1 VEMR:LES ! QXGLU916N$ ADDEp BY ENOOR9EMENT ~ ePEC11R. PROVISIONS Fax to: 970 328-77.85 Attn: Eric Lovgren CERTIFICATE HOLDER CANCELLATION MOULD AMf OF T'I1EA60VE DE'vCR®ED POLICIIS BE CANC@LLEG BEIFORG THE EXPRATION DATE THEREOF, TNB 198UMIq MBURBR HALL ENDEAVOR TO MaIL 1 o GAYS WRIT TEN sagle COUaty (.'OfimliIIi tY NOTICE m T11E CERTIFICATE HOLDER NAMED To THE LEFT suT FAILLRiE To Ifo 80 SHALL DevelOpanen t . ~,TildFite Mitigation Officer MipOSE No OELJQATTON oR LvlElurY of ANY kINO UPON 711E INSURER ITS ACENTB oR PO BoX179 REPREEEN7ATNE9, Eagle CO 81681-0179 "~TM'~o ~RST+ovrATNe