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Home My WebLink AboutC08-203Jun 17 08 03:23p Justin Cecil 19093372134 p.2 EAGLE COUNTYCOMM COMMUNITY DEVELOPMENT lt:i~'top.rri. uv-~~-~~w 9703287185 AGREEMF.riT BETWEEN BAGLE COUNTY, COLORADO Alit? CECII. LOGGING, YNC. TffiS AGREEMENT ("Aglt"), did dzis 11 ~Y of June, 2008 between Eagle County, Colorado, ("County") and Ccct1 ~$Y,mB Inc.. a company with its principal placx ~ busittcss at 409 5'~ Street, Granby. Colorado. 80446 ("Coatcaactar"). WITNF,SSETS: WtIE8EA9, tin pact of the Lower Gore Creek Haws Fuel Reduction Ptojoct, County desires to hire a ootttractar to perform site clearing wodc at the West Vail Helicoptu Site, which work will include clean up of lagging shah and debris; and the ~ ~ akiddutg of trees being flown by helicopter to the projax helispot site. WHEREAS, Cunvacwr is authorized to do businsss in the State of Colorado, has experience and expertise is logging and land clearing and wishes to provide said aervioes w Coaaty; and WHEREAS, County and Contractor intend by this Agreement to act forth the scope of the responaibtlities of Contractor in ~ witl- the ~l~ ~ ~~ terims and oondidoffi to govern the relationship between Contractor and County in connection with this At- NOW, Tt3ER~'ORE, in consideration of rite fol~cgoing premises and the following prarnises, Eagle County anal Contractor agree as follows: L SCOPE OF WORE: The following will collectively be referred to as the "Work:" A. Contracxm' agrees to perform site cieartttg services including rho cleanup of logging slash and debris by using Skid Steers and Skidder with skilled optrat~• Cas>tractor will use its own equipment and will furnish all labor and materials necessary to complete the project as ftlttttGr described in Contractor's ProPoSd dated June 4.2008 attached hereto as F~xhibit "A" and incorporated herein by this refcrcna. Contractor will ntalce efforts m minimize impacts on vegetation and minimize soil oompactiou B. contractor agrees that t,.ontradar will not enter into auy servi« contracts or consulting atxangemerrts with tlxird paRies that will ooriflicx in any manor with the work m be provided under this Ag~reemetu. 2. CONTRACTOR'S gF,p'RESENTATIONS: A. Contractor has familiarized itself with the tiattue and extent of the contract documents, work, locality, and with aiI local conditions, and fodGral. state, and local laws, ordinances, rules, permits aad r>rgulations that in any manner may affect cost, pmgness, or performance of the work, Jun 17 08 03 9743287185 :24p 19093372134 EAGLE COUNTY COMM COMMUNITY DEVELOPMENT 1 ~: »:~~ p.m uo- iv-cv~+ B. Contractor has studied carefully all reports of investigations including utility locates, and tests of subsurfacx and latent physical conditions at the site or otherwise affocting cost. 3. C[}NTRACT PRICE A. The fiords appropriated for this project are equal to or is excess of the contract amount. County shall pay Contractor for pcrformancx of the work in accordance with the Contracct Documents is current funds as follows: Compensation for the Work shall sot excxod the amount as shows on Contractor's proposal form dated Juno 4, 2008. attached hereto as Exhibit "A" and inc~rrporated herein by this nfere:tce. The total cost for all of the Work shall not exceed Forty Five Thousand dollata (543,000.00) absent an ameadtnent to this agreement signed by both parties- County understands that Coa~tractor is Exhibit A proposes that the minimum oust for the Work shall be Thirty Thousand `dollars (530.000.40). and that Conrcactor estimates that Work will entail 2-3 days of ground support for helicopter services. as well as an addition 2-3 days of final ground clean up and fuels reduction, at a rate of Seven Thousand Five Hundred dollars per day (57,540). The fora! anticipated days for the Work shall range from 46 days but shall not exooeti 6 days absent an amendment to this agreement. Progzess payments will be made based on actual work completed, with 1096 of each payment being held back by County pending final, satisfactory completion of the Work. Contractor shall submit to Courtly a progrossive invoicx no more than once trtoathly during the course of performing the Work. Such invoices shall descn'be the particular tasks performed to daft. Upon tzqusst, the Contractor shall provide County with such other supporting information as County may request Final Compensation shall be made after the Work is satisfactorily completed and approved by Courrty. B. Notwithstanding anything to the contrary wniatned in this Agreement, County shall have ao obligations under this Agreement after twr shall ~Y P$Y~ ~ made to Consultant in respect of any period after Dexmbtx 3i, 2008 without an appropriation therefore by County in accardanoc with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of and the TABORRAmendmem~(C~oloradv Cvnstiw Budget Law (C.R.S. ~ 29-1-142 et seq.) Article X. Sec. 20}. Justin Cecil p.3 T7u rest of this page Jigs been left intent7ottaiiy btaxk Jun 17 08 03:24p Justin Cecil 19093372134 p.4 EAGLE COUNTYCOMM COMMUNITYDEVELOPMEN7 12:1b:Ui p•m uo-iv-cv...> 9703287185 4. CO1I+IIMENCEMENT A1~ID COMPLETION OF THE WORK A. Contractor shall cotnmencx the Wark promptly after execution of this Agreement by both parties. Cocriracoot shall be is place and be ready W commence Work at the initial start of the an-site helicopter logging services provided by Timberline Helicopters, Inc. It is anticipated that completion of the Work by Contractor will be achieved by 4-b days following the initial cammeacement Of orl-S1tC heho0pter logging SCtvloe3. Contractor agras to notify County if achievement of the Completion Date appears turlikcly as soon as it so appears to the Contractor, and thereupon, County a>~ Contrador will mat tiff discuss the masons for delay and moans of achieving timely complciion. County and Contractor will cvopersatte is seeking to achieve timely completion and Contractor will use its best efforts to achieve timely oompletioa. 5. 1NDE~'ICAT`ION: A. The Convector shall, to the fullest extent permitted by law, indemnify and hold harrntess County and any of its offictrs, agents std crtiployees against any losses, daitns, damages or liabilities for which County ar any of its officers, agents. ar employees may booome subject to, insofar as any such losses, claims, damages or liabilities arise out of, dirt;ctly or indirectly, this Agreement, or arc based upon any performanc',c or nonperformance by Cvatraetor hereunder; and Contractor shall reitnbtirse Cotuity for any sad all legal and other expenses incurred by County in connection with investigating or defeIIding any such loss, dairn. damage, liability or action. B. Notwithstanding the foregoing. Contractor adcnowlodges that County is relying on, and does not waive or intend to waive the monetary limitations, or any other rights, immunities anal protetxions provided by the Colorado Governmental Immunity Act, (CR.S. 4 24-10-101 d seq.?, as from time-to-time amended or as otherwise available to County, its commissioners, officers sad employees, all of which rights, immunitees and protcctiona ~y expressly retains. 6. ENp'ORCEMENT REMEDIES: A. The Contractor's obligations hec+~mder shall survive tamilnation of the Agreement. B. County and Convector agree that this A.grecment may be enfarcxd for specific performance, injunctive, or oti-er appropriate relief. including damages, as tnay be available according to the laws at'!d statutes of the State of Colorado. It is specifically understood that by ezecutiag this Agr~eetnent, both County and the Contractor commit them4elves to perform pursuant to these terms contained herein. In the event that as action is brought to enforce this Agrxmcut, tht: prevailirtg party sbaII be entitled for the rxovcry of its costs and foes, including reasonable attorney's fees. Tate rest of this page has bten left intentionally blank Jun 17 08 03:25p Justin Cecil 19099 e12pm4 uu- o-~~~o COMMUNITY DEVELOPMENT 9 703 287 1 85 EAGLE COUNTYCOMM 7, 1VIISCELLAI~IE~US: p.5 A. This Agreement shall be governed and construed is acarrdancx with the laws of dis uie $ to this Agreeareat shall be Colorado. Venue for any action arising out of ~Y p P ~ in the State of Colorado District Court in and for Eagle County. H. Tgris Agreement, and the rights and obligations carcatod hereby, shall be binding upon and inure to the benefit of County ~ is intetrded err sshould be~>~~~ assigns. Nothing herein expressed or P r sad their res ve successors and give to any persaa or entity other than County or Coatracto P~ assigns. any right, remedy or clam under or by reason herwf or by reason of say covenant or condition herein contained. C, ~ any portion of this Agt+eetnent is held invalid or unenforceable for any reason by a court of campeccnt jurisdiction. such. Portion shall be deemed severable and its invalidity or its unenfvrccabilit shall not affxt the re~arainiaS Provisions; such rcntaining Provision shall be Y as if such invalid provision fully severable and this Agreement shall be construed and enforced had never hew inserted into this Agreement. g~eut ma be ~~, tnodifed, cltangcd, or' terminated in whole or D. This A Y both County sad Contractor. in part only by writttn agreement duly authorized and executed bof County and Contractor sad This Agreement reprcgents the full and oocnplete Ong uoas or understaudia8s of supersedes any prior agreements, di-4cussions, negotiations, repr~ca County and Contractor with respax to the subject matter contained herein. E. The parries hereto agree that neither has made or authorized any agrccmmt with reseed to the subject matter of this instrument other than expressly set forth' hereto, and no oral representation, promise, or consideration different from the terms herein caataiaed shall be binding on tither party, or its agents oc employees hcrao. F, All of the covertants herein contained shall be binding upon and inure to the benefits of the parties hereto, their respective successors and assigns. G. County may terminam this Amt. in whole or in part, for any reason. at ~Y time. with or without cause, upon providing tea (10) days notice to Contractor. Upon such ter>rtination, Courtly shall be liable for Services satisfactorily completed prior to the notice. g, INSURANCE A. At all times during the teem of this Agreement, Contractor shall maintain cotnmerciai general liability insurance in the minimum amount f three milliner dollars (~1,000,000.00) per injury, and the minimum aggn8~ a ~n insurantx a9 requited by (3,000,000.00). Contractor will also carry Worker's Campcns Colorado law. a 'Jun~17 08 03:26p Justin Cecil 19093372134 COMMUNITY DEVELOPMENT 11:1 /:~[ p.m. vo- iu-caw • 9703287185 EAGLE COUNTYCOMM ~ WFiERFAP, COUNTY and CONTRACTOR have executed this A~ dsy of June, 2008. ATTEST: ~ COUNTY OF EAGLE, STATE ClcrY to the Board of ouuty Commissio4ets . OF COLORADO. by and ,~°~ thmugh its BOARD F ~~t ~e ~~ UNTY gY s w eC ~ ,~" * * Peter Runyon, Chairman ~~toa~-~ Cecil Logging. Inc. Granby. Co 80446 B - -- J tin Cecil timator/ Project Manage: STATE OF ~ SS. COUNTY OF ) The foregoing inattum~ent was ac~mowlodged before the by - .this day of .2008. My commission expirca• Naary Public p' 8 - r ' Jun 17 08 03:26p Justin Cecil 9703287185 EAGLE COUNTY COMM COMMUNITY DEVELOPMENT Jun 0~ Da ii>t46a• Justin Cwaii 19093372134 p•9 11:1/:17 P.T. uV-to-cvvc ~soaar~2ia~ p.2 CECIL ~G(~~IN(I, INC. .po sow c~~exay, ao eoa~ osc~.~loc~anvc~.~=ate svernv o~oa. c~- ~-~~ sm ~~zo~~ ~• eio~oe ~: a~a~r~~COs eoo~po~ ~~ ~.. cam s3asi.o~se ~roWhomit ~rcoaZO~: ~~a~~~.~~.~~~ee ~p C~ Logue pmo~oMS a sort of iY P~ day las ao e~tlsd lour ~ aiz w ~ ~ ~s lfonr~ac ~~ ~~~ ~ ~ ~ ~a~m ~aoasat >~ mt.aoo..d i~.~-~ s9o.000AO. shs eotal ao~t o[ ~ p~o~ nr]oar tl+lo >~s as ~ b @r e~o~teavt was bo~- p.rd,r in aq~a~ ~ ~Cectl ~gsoq ..~ pmoaldr• an ~i~ai ~+S ~ °~ ~sad'"~p`p° ~~a~al ~wlioopler eu.s n^atid.+~l pacooMr. a ~abe+ d+s ~n acp and hr°1' glom. egn~a.emt ~.t ..~i1n ~qo~• oast a~ awaas slkid ..~..~* oaa+d ~o sy ~ppylsd wish a ~dl3od opa:abo~ Cea~ a~i~es drat terse yabo~wa ~ b. ascent~arr stag ire ~ g~eouad d.rn ap. 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