HomeMy WebLinkAboutC09-224 AGreement with M&J LLC4
AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND
M & J, LLC.
THIS AGREEMENT ("Agreement"), dated this~L day of June, 2009 between Eagle County,
Colorado, ("County") and M& J, LLC., a company with its principal place of business at 0051
Juniper, Eagle, Colorado, 81631 ("Contractor").
WITNESSETH:
WHEREAS, County desires to cut and remove, to identified staging areas, marked lodgepole
pine over 5 inches in diameter at breast height from approximately 7 acres of private and
publicly owned land in Red Cliff, near the town cemetery, as part of the Red Cliff Hazardous
Fuel Reduction Project; 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 Contractar and County in connection with this Agreement.
NOW, THEREFORE, in consideration of the faregoing 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 cut, remove, process woody debris, and haul timber as needed, all of which is
set forth more fully in Exhibit "A," attached hereto and by this reference, made part of
the agreement, provided however, that if any conflict exists between the provisions of
Exhibit "A" and the terms contained herein, the provisions of this Agreement shall
control.
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 witl 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. Contractar 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.
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B. Contractor has studied carefully all reports of investigations including utility
locates, and tests of subsurface and latent physical conditions at the site ar 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 Contractar for performance of the work in accardance with the
Contract Documents in current funds as follows:
i. Compensation for Tree Cutting/ Tree Removal/Chipping shall not exceed
the amount as shown on Contractor's proposal form dated May 27, 2009, attached
hereto as Exhibit "A" and incorporated herein by this reference. The total cost for
all of the Work shall not exceed twenty thousand dollars ($20,000.00)("Contract
Amount") absent an amendment to this agreement signed by both parties.
ii. 50% of the Contract amount shall be paid to Contractor upon execution of
this Agreement by both parites. Final Compensation of the remaining 50% of the
Contract amount 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, 2010 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
August l, 2009 (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 wili 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.
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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 enfarced 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 ar 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, ar 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.
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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
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: Contractor:
Eric Lovgren, Wildfire Mitigation Specialist Pat Paulson, Owner
County Community Development Department M& J, LLC.
P.O. Box 179 0051 Juniper
500 Broadway Eagle, Colorado 81631
Eagle, Colorado 81631 (970) 376-0301 (cell)
(970) 328-8742 (p)
(970) 328-7185 (~
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
If Contractor/Consultant has any employees or subcontractors, Contractor/Consultant shall
comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens - Public Contracts for
Services, and this Contract. By execution of this Contract, Contractor/Consultant certifies that it
does not knowingly employ or contract with an illegal alien who will perform under this
Contract and that Contractor/Consultant will participate in the E-verify Program or other
Department of Labor and Employment program ("Department Program") in order to confirm the
eligibility of all employees who are newly hired for employment to perform work under this
Contract.
A. Contractor/Consultant shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this contract far services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor/Consultant that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under the public contract
for services.
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B. Contractor/Consultant has confirmed the employment eligibility of all employees
who are newly hired for employment to perform work under this Contract through
participation in the E-verify Program or Department Program, as administered by
the United States Department of Homeland Security. Information on applying for
the E-verify program can be found at:
http://www.dhs.~ov/xprevprot/programs/gc 1185221678150.shtm
C. The Contractor/Consultant shall not use either the E-verify program or other
Department Program procedures to undertake pre-employment screening of job
applicants while the public contract far services is being performed.
D. If the Contractor/Consultant obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or
contracts with an illegal alien, the Contractor/Consultant shall be required to:
(i) Notify the subcontractor and the County within three days that the
Contractor/Consultant 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/Consultant 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/Consultant 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 established in C.R.S. § 8-
17.5-102(5).
F. If a Contractor/Consultant violates these prohibitions, the County may terminate
the contract for a breach of the contract. If the contract is so terminated
specifically for a breach of this provision of this Contract, the
Contractor/Consultant shall be liable for actual and consequential damages to the
County as required by law.
G. The County will notify the office of the Colorado Secretary of State if
Contractor/Consultant violates this provision of this Contract and the County
terminates the Contract for such breach.
10. Sole Source Contracts
If the Contractor has entered into a sole source government contract or contracts with the
State of Colorado or any of its political subdivisions as defined in Article XXVIII of the
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Colorado Constitution, which including this contract in the aggregate on an annual basis
equal or exceed the amount of $100,000, then the following provisions apply:
A. Because of a presumption of impropriety between contributions to any campaign
and sole source government contracts, Contractor, on behalf of itself , any person who
controls ten percent or more of the shares of or interest in the Contractor, and the
Contractor's officers, directors and trustees (collectively, the "Contract Holder") shall
contractually agree, for the duration of the contract and for two years thereafter, to cease
making, causing to be made, or inducing by any means, a contribution, directly or
indirectly, on behalf of the Contractor Holder or on behalf of his or her immediate family
member and for the benefit of any political party or for the benefit of any candidate for
any elected office of the state or any of its political subdivisions.
B. The parties further agree that if a Contract Holder makes or causes to be made any
contribution intended to promote or influence the result of an election on a ballot issue,
the Contract Holder shall not be qualified to enter into a sole source government contract
relating to that particular ballot issue.
C. The parties agree that if a Contract Holder intentionally violates sections 15 or
17(2) of Article XXVIII of the Colorado Constitution, as contractual damages that
Contract Holder shall be ineligible to hold any sole source government contract, or public
employment with the state or any of its political subdivisions, for three years.
D. The Contract Holder agrees to comply with the summary and notice provisions of
Section 16 of Article XXVIII of the Colorado Constitution.
E. These provisions shall not apply to the extent they have been enjoined or
invalidated by a court of competent jurisdiction.
F. All terms used in this Section and not otherwise defined in this Agreement shall
have the same meaning as set forth in Article XXVIII of the Colorado Constitution.
// Remainder of Page Intentionally Left Blank //
IN WITNESS WHEREOF, COiTNTY and CONTRACTOR have executed this Agreement this
_,/~o _day of June, 2009.
ATTEST: COUNTY OF EAGLE, STATE
~~_~ :~ur:~,~ OF COLORADO, by and
qsa ~'`~~~ `~~, through its BOARD OF
~ ~ kay COUNTY COMMISSIONERS
-
BY: - .~ '~
BY:
Clerk to the Board of County ~ Sara J. Fi er, Chairman
Commissioners
M&J,LLC.
Eagle, Co a 1631
BY:
Pat Paulson
Estimator/ Project Manager
STATE OF }
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me by
of , 2009.
My commission expires:
Notary Public
this day
7
e'
1•' R
M&J, LLC.
P.O. Box 5682
Eagle CO 81631
(970) 3~0301
May 27, 2009
Red Cliff Fuel Project
Contact:
Eagle County Wildfire
Mitigation
Fax
This contract is for the complete Red Cliff project named: Red Cliff Fuel Project for the Eagle
County Wildfire mitigation.
The tree removal will be performed to the specifications provided in the packet by Eric Longren.
1. Fuel Break area of 2-5 Acres. All trees that need to be removed will be removed as stated
in the packet for a price of $10,000.00
2. Hazard tree removal approximately 4 acres. Appropriate trees will be marked and
removed for the price of $10,000.00
The prices do not include the cemetery although some trees around the perimeter will be
removed.
Special requests and precautions
1. Adjacent landowners should be notified of the projects and all pets, towns people and
especially children must be kept back from the work area and the appropriate backyards
when necessary for their safety and the safety of our employees.
2. It is the responsibility of the contract grantor to assure that the power line in the cut area
is shut off and/or removed before work begins.
Total costs for the project is $20,000.00
a 50% down payment will be required when the job starts with an additional $5,000.00 provided
when stage one is finished and the balance of $5,000.00 due upon completion.
EXHIBIT
Page 1 of 3 ~
LX ~, h, ~ ,L~ ,,
The cemetery project can also be done, but due to the necessity of cranes, and additional boom
trucks, the cost for that part of the job will be $12,500.00 and is not included in this contract.
Although phases 1 and 2 are listed individually, the contract is to be perceived as a single
package.
Any changes in the project must be approved by M&J and a change order will have to be signed
and dated.
Signature of Wildfire Mitigation Representative
Signature of M&J Representative
Page 2 of 3
References
Tom with Vail Fire Mitigation
Marek M. Pienkowski M.D. on Tennessee Pass
Jeff Kingston of Public Works in Gypsum
Town of Eagle
Jerry Long of Long's Excavating
Page 3 of 3
f"ACO~L DATE (MM/DD/YYYY)
--~M. CERTIFICATE OF LIABILITY INSURANCE o5/27/2009
PRODUCER Phone: 970328-6868 Fax: 970-328-6671 THIS CERTIFICATE IS ISSUED kS A MATTER OF INFORMATIOti
ALLEN INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO BOX 610 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
EAGLE CO 81631 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE I NAIC #
INSURED INSURER A: Hartford Ins.
M& J LLC INSURER B:
PO BOX 5682 INSURER C:
EAGLE CO 81631 WSURER D:
INSURER E
l.rV V CRNVCJ
THE POLICIES OF INSURANCE IISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING
,
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR ADD'
INSR NpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LIMITS
DATE MMIDD/W DATE MM/DD
GEN ERAL LIABILITY 34SBMVR4687 OFi/17/~$ 06/17/09 EACH OCCURRENCE $ ~,U00,~~0
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED g 300
000
~ PREMISES (Ea occurence) ,
CLAIMS MADE ~ OCCUR MED. EXP (Any one person) $ 5,000
A PERSONAL & ADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMITAPPLIES PER:
PRO- PRODUCTS-COMP/OP AGG. $ 2,000,000
POLICY LOC $
AUTOMOBILE LIABIIITY 34UECN07680 O9/O~/OH OJ/O7/OJ COMBINED SINGLE LIMIT
ANYAUTO (Eaaccident) $ 1,~~~,~~~
ALL OWNED AUTOS ~ BODILY INJURY ~
X SCHEDULED AUTOS (Per person) $
A
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE
.
(Per accident) $
GARAGE LIABILITY
$
AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: qGG $
EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR ^ CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND
'
34EWC1 N5085
O7/2$/OS
O7/ZS/OJ WC STATU-
TORV LIMITS
OTHER
A EMPLOYERS
LIABILITY
ANY~PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$ ~OO~OOO
OFFICER/MEMBER EXCLUDED?
If
d
ib E.L. DISEASE-EA EMPLOYEE $ ~ OO~OOO
yes,
escr
e under
SPECIAL PROVISIONS below
E.L. DISEASE-POLICY LIMIT
$ SOO,O00
OTHER:
DESCRIPTIOW OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
EAGLE COUNTY WILDLIFE MITIGATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE
EXPIR4TION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO
. DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S
AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
•~~
Attention: ERIC LOVGREN /
tephen A. Johnson
i+~,vRV ~~ ~~u~vuts~ ~eRincate ~ 34ZZ O ACORD CORPORATION 1988
~ } ~
PROPOSAL FORM
This form 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 Red Cliff Fuel Reduction Project, Eagle County, Colorado.
L Lump Sum Price, Fuel Break Unit $~Q, ~~j v~
2. Lump Sum Price, Cemetery Unit $~(/iCi`%U~(~~
3. Indicate hourly rates for all changes in scope for all levels of self performed work:
General Labor . $ /hour
Supervision $ /hour
4. Indicate Contractor Fee for all changes in scope:
percent
5. Indicate which elements of work you would propose to perform with your own forces.
~ G•~c/«
By
Date
Its
4
Bidder aclmowledges these Instructions to Bidders and hereby provides a completed Proposal Form.
Respectfully submitted:
~ ~y ` ~ ~ ~
_~~ _ v _~t ~ ~ ~ ~ ~
Signature
~5~ ~~ ~ O ~r~~3 I
T~tle
~
Firm Name
9~0-3~~-v3~1
Telephone
(SEAL, if Bid is by a corporation)
ATTEST: .
Name
. -
TERM SHEET
~
1) Requested hearin~ date: 06/16/09 ~ ~
2) Requestin~ department: Community Development
3) Title: Participating agreement between Eagle County and M& J, LLC.
4) Staff submittin~: Eric Lovgren, Wildfire Mitigation Manger x8742
5) Puruose: A participating agreement with M& J to complete all tree
cutting/removaUchipping for work related to the Red Cliff Hazardous Fuel
Reduction Project.
6) Schedule: June/July 2009
Financial considerations: This phase of the project has been accounted for
in the second supplemental budget for 2009 with $20,000 added to the Forest
Health Account. All cost incurred by Eagle County up to $20,000 will be
reimbursed up by a grant received from the Colorado State Forest Service
(CO Forest Restoration Grant - SB 71)
Total Lump sum bid for project is not to exceed $20,000.00
7) Other:
RECEIVED
JUN ~ 12009
EAGLE COUN7Y ATTORNEY
< ~ ,
~ ~' ~~' ~l'~ ~.% ~ ~~I- ~'
~~
~~~~
gY:
~agle Count~ Atto°-~ey's Office
By:
Eagle County Commissianers' Office
