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HomeMy WebLinkAboutC10-195 Cecil Logging Agreement• AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CECIL LOGGING, INC. THIS AGREEMENT ( "Agreement "), dated this _Z day of June, 2010 between Eagle County, Colorado, ( "County ") and Cecil Logging, Inc., a company with its principal place of business at 409 5a` Street, Grandby, Colorado, 80446 ( "Contractor "). WITNESSETH: WHEREAS, County desires to cut and remove from site, all lodgepole pine over 5" diameter at breast height, and chip /masticate all slash from certain privately owned land located in the Bellyache Ridge area in Wolcott, Colorado, as part of the Bellyache Ridge 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 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 as set forth more fully in Contractor's proposal attached hereto as Exhibit "A" and incorporated herein by this reference so as to cut, remove, process woody debris, and haul timber from approximately 4 to 4.5 acres of privately owned land located at the Jouflas Ranch on Bellyache Ridge Road, Wolcott, CO; and from approximately 5 to 5.5 acres of privately owned land located at 301 Big Dipper Road, 511 Big Dipper Road, and 641 Big Dipper Road Wolcott, CO, as shown in the maps attached hereto as Exhibit `B" and incorporated herein by this reference (the "Project Area ").. 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. C1®- 4 • 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/ Tree Removal/ Slash Treatment shall not exceed the amount as shown on Contractor's proposal form dated May 20, 2010, attached hereto as Exhibit "A" and incorporated herein by this reference. Contractor will bill County $1,500 per acre serviced under this Agreement. The parties anticipate that the Project Area under this Agreement will be between nine and ten acres, but the Project Area could include up to a total of thirteen acres based on the prescribed treatment area as determined by the Eagle County Wildfire Mitigation Manager. The total cost for all of the Work shall not exceed nineteen thousand five hundred dollars ($19,500.00) 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. is 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 September 1, 2010 (the "Completion Date "). Contractor agrees to notify County if 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. 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, the Contractor commits 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, 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 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) 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 Justin Cecil, Owner County Community Development Department Cecil Logging, Inc. P.O. Box 179 409 5t' Street, 500 Broadway Granby, Colorado 80446 Eagle, Colorado 81631 (562) 533 -2179 (cell) (970) 328 -8742 (p) (909) 337 -2134 (f) • (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: 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 for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the is Contractor /Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. • 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.gov /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 for 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. • 'r IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement this ay of June, 2010. STATE OF COUNTY OF r COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS BY: Keith Montag, Coun anager Cecil Logging, I: tN Cecil " i tor/ Project Manager /Owner Fore me by uthis�_ day REIEI ANN KREUTZER Commission # 1806825 Notary Public - California San Bernardino County ' My Comm. Expires Aug 6, 2012 day May 21 10 12:26p Justin Cecil 19093372134 p,2 X1 CECIL LOGGING, INC. Po sox 2384 GrtANBY, CO 80446 CECIL02190A06.COM CELL (562) 533.2179 FAX (909) 3374134 TECH GCAL PROPOSAL FOR BELLYACHE RIDGE May 20, 2010 To Whom It May Concern: Cecil Logging proposes the following technical proposal for completing the Bellyache Ridge Road Evacuation Route Project. We will remove all lodge pole pines, both living and dead. The trees will be decked in two piles according to size. One pile will consist of 3-6 inch diameter, the other will contain larger than 6 inch diameter. Smaller logs will be left on the site for the property owner's use. The larger logs will be removed from the site. The proposed site of log disposal will be the co -gen plant in Gypsum, Colorado. Work will be completed in a timely fashion. All slash will be masticated on site. The estimated start date is June 1', with completion of the project estimated for July 31, 2010. Due to the need for traffic control, Cecil Logging will provide men and equipment such • as signs as necessary for safe passage. Daily safety meetings will be conducted, with all work being supervised daily by the crew foreman. Eagle County will provide the road control and permits. Cecil Logging will provide mobile restroom facilities for crew. The bid price is $1,500.00 per acre for a total project price of $19,500.00. Work days will not exceed lam to 7pm, for weekdays Monday through Friday. Lighter and quieter work will be performed on Saturdays. There will be no work on Sundays. Personnel expected to be used will consist of six men- Justin Cecil (Owner, Operator), Ray Cecil (Crew Foreman, Cutter), Lee Hickman (Operator /Cutter), Nick Lauer (Operator /Cutter), Pat Donnely (Laborer), and Bobby Adams (Laborer). The equipment to be used is as follows: Rayco 87 — Shear Head and Masticator Head CAT 287 Skidsteer CAT 518 Log Skidder GMC Chiptruck with Chipper Thank you for considering Cecil Logging. We look forward to providing your tree removal needs. EMOff May 21 10 12:26p Justin Cecil 19093372134 p,3 • CECIL LOGGING, INC. Po BOX 2394 GRwtNev, Co 80446 CBLL (562) 533-2179 FAX (909) 337.2134 FIRE PLAN FOR BELLYACHE RIDGE May 21, 2010. To Whom It May Concern: • Cecil Logging proposes the following FIRE PLAN for the Bellyache Ridge Road Evacuation Route Project. We will take all necessary precautions to prevent fires from being started directly or indirectly by all employees and subcontractors. In the unfortunate event of accidental fire, Cecil Logging will do everything in its power to prevent the spread of fire, contain it, and extinguish it. In order to prevent such an occurrence, Cecil Logging will inspect all equipment prior to use. Chainsaws and heavy equipment will be checked for spark arrestors to prevent unnecessary sparks. A box of fire tools such as axes, shovels and hand water pumps will be finished by Cecil Logging to be used in case of emergency and shall be kept on site during periods of operation. All heavy equipment will be equipped with fire extinguishers. We shall also furnish contact lists of emergency services in the area. Copies of the list will be placed in or on the firebox of tools for best possible reporting and response time to incidents. All employees and/or subcontractors will have immediate access to either cell phones or a closest known location for phone service if no cell phone access is available on -the jobsite. • E May 21 10 12:27p Justin Cecil 19093372134 p.4 March 31, 2010 To Whom It May Concern: 6 Safety is of utmost importance to Justin Cecil Logging, due to the potentially hazuoous nanve of the business. In addition to daily quality control meetings, safety meetings will occur daily. During these times, any and all safety concerns and questions will be brought to attention. Each concern will be met with a proactive safety attitude. Cecil Logging provides the proper protective items such as chaps, hard hats, gloves, earplugs, vests, and safety glasses, which should be worn at all times when working with the masticators. Radios will be issued to everyone to ensure proper communication amongst everyone on site. Ray Cecil will comas mtly monitor our experienced opal, machinery, and protective gear to minimize the potential for safety issues. L-1 May 21 10 12:27p Justin Cecil 19093372134 p.5 • QUALYTY C MTROL PLAN March 31, 2010 To Whom It May Conan: • Justin Cecil Logging PhDs to meet our Quality Control by having daily operator and supervisor meetings. This ensures good communication and well informed wadw=. Daily inspection walks will be perfiormad by the supervisor to ensure that there will not be missed sections or unfinished work on the project. PAL levels will be checked daily. Ray Cecil will be the supervisor for this project Any unsadsfactviy results will be moniior+ed by him and immediately remedied_ It is our goal to guarantee customer satisfaction and to meet all project deadlines and ramifications in an expedient and professional manner. • ray e1 1u 12:28p P-.� • May 21 10 12:28p El • • Justin Cecil 19093372134 p.7 I' C • • May 21 10 12:28p Justin Cecil 19093372134 p,8 May 21 10 12t26p Justin Cecil 19093372134 p.l • Bidder acknowkdges these Instructions to Bidders and hereby provides a oompkted Proposal Form RespectIbIly submitted: f i Address S C, P:r A Y / < � Title .J ws 7-,A2 [' LC., c.. —el r) -- N c (c 4j•4z26v C cS _ Firm Nama 1/!6 trz - ybBS 5LL f 33 2i �� TelepMm (SEAL, if Bid is by a corporation) ATTEST: • Name lr �J u ' I 00 o • -* r t j�t ''fit E � • s L � I a�► t- - F i CA CD cn f i 00 OD CD .� • ° o ° o i r 1 r {j kk yyy Y L Y r f C:� 4t Y