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HomeMy WebLinkAboutC10-305 Groundskeeper LLC Agreement TERM SHEET 1) Re • uested hearin ' date: First choice 5/18/10 2) For County Manager signature: Yes `''Zt�E rii 3) Requesting department: Community Developm : t 4) Title: Participating agreement between Ea . • County and Groundskee ' er, LLC for work associated with Bellyache ' dge Hazardous Fuel Reduct , i n Project — Phase I 5) Check one: Consent: On e Record: 6) Staff submitting: Eric ovgren — Wildfire Mitigation Manger x8742 7) Purpose: A partici ' ating agreement with Groundskeeper to cut and remove 189 trees, and pil • all limbs /tops /slash, from 3 acres of private land lo ated at 349 Big Dipper Road : nd 399 Big Dipper Road, Wolcott, CO; as part of th Bellyache Ridge Haza l ous Fuel Reduction Project. 8) Schedule: June 2010 / November 2010 9) Financial considerations: The Bellyache Ridge Hazardous Fuel '"e� project has been accounted for in the 4th supplemental budget for 2009 wit t 4 ,000 added to the Forest Health Account, and carried forward to FY 2010. All cos Al incurred by Eagle County up to $50,000 will be reimbursed up by a grant receiv • • from the Colorado State Forest Service (2009 WUI Grant) Total Lump sum bid for this portion of the project is not to exceed 9,250.00 9) Other: PP:,. .,2.>., ` , ki n . • E a -- a County Attorney's Office . � � • - J ._f- U E • • I County Commissioners' 0 ce AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND GROUNDSKEEPER LLC. THIS AGREEMENT ( "Agreement "), dated this _ day of May, 2010 between Eagle County, Colorado, ( "County ") and Groundskeeper LLC., a company with its principal place of business at 856 Main Street, Minturn, Colorado, 81645 ( "Contractor "). WITNESSETH: WHEREAS, County desires to cut and remove from site, 185 individually marked trees, and pile all limbs /tops /slash from approximately 1.5 acres of Private land located at 349 Big Dipper Road, Wolcott, CO; and from approximately 1.5 acres of Private land located at 399 Big Dipper Road, Wolcott, CO; 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 so as to cut, remove, process woody debris, and haul timber, as set forth more fully in Exhibit "A," attached hereto and by this reference, made part of the 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. CIo -o 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 Piling shall not exceed the amount as shown on Contractor's proposal form dated April 27, 2010, attached hereto as Exhibit "A" and incorporated herein by this reference. The total cost for all of the Work shall not exceed nine thousand two hundred and fifty dollars ($9,250.00) 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. 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. 2 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 3 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 Don McCracken, Owner County Community Development Department Groundskeeper, LLC. P.O. Box 179 856 Main Street 500 Broadway Minturn, Colorado 81645 Eagle, Colorado 81631 (970) 470.1529 (cell) (970) 328 -8742 (p) (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 i 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 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 4 Groundskeeper LLC, Estimate PO BOX 912 Minturn, CO 81645 Date Estimate # 4/27/2010 86 Name / Address Eagle County Attn: Eric Lovgren (970) 328 -8742 office Project Description Qty Rate Total Project: Afleck , Kruse. Bellyache Ridge, Wolcott CO. 81655 9,250.00 9,250.00 Cut, pile slash (6" and smaller), haul away remaining material. Piles will be made a minimum of 100' from any building. Piles to be burned by Eagle County winter 2010 -2011. total # trees : 185 Afleck- 75 Kruse - 115 Price per tree: $50.00 We appreciate your business. Total $9,250.00 wLe trit A