Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutC11-304 Brush Creek On Call TarrantON -CALL SERVICES AGREEMENT
BETWEEN
EAGLE COUNTY AND BRUSH CREEK LANDSCAPING AND URBAN FORESTRY
THIS AGREEMENT, made this _ day of September, 2011, by and between Eagle County
( "County "), and Brush Creek Landscaping & Urban Forestry ( "Contractor "), a Colorado
Corporation organized and existing by virtue of the laws of the State of Colorado and with an
office and principal place of business in Gypsum, Colorado 81637,
WITNESSETH:
WHEREAS, County desires to utilize Contractor for on -call arborist services (the "Work "), and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has experience
and expertise necessary to perform the Work for County; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the
responsibilities of Contractor in connection with the Work 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,
County and Contractor agree as follows:
ARTICLE 1- WORK
Contractor shall complete all Work as requested by County. The Work generally shall consist of
review of all existing trees on County owned property to assess their health, perform risk
assessments, recommend maintenance, treatment and/or removal and emergency response
assistance to the County's facilities Management Department. The contactor shall provide all
labor, tools, materials and services to perform the Work.
ARTICLE 2 - COUNTY'S REPRESENTATIVE
The project is under the authority of the Eagle County Public Works Department, the Director of
which, or his designee, shall be County's contact with Contractor with respect to the performance
of the Work.
ARTICLE 3 -TERM OF AGREEMENT
This Agreement shall commence on the date first above written, and, subject to the provisions of
Articles 7 and 11 hereof, shall continue in full force and effect for a period of 1 year, commencing
with the effective date of this Agreement. This Agreement may be extended for up to two
additional one year terms beyond the time referred to in this Section on terms and conditions as
may be mutually agreed between the parties in writing.
1
ARTICLE 4 — PAYMENT FOR THE WORK
4.1 For the Work provided hereunder, County shall pay to the Contractor according to the fee
schedule set forth in the BCL Forestry Division Price List for 2011 (copy attached as Exhibit A
and made a part hereof by this reference). Charges for Work satisfactorily performed will be paid
within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting
Work. The invoice shall include a description of services performed. Upon request, Contractor
shall provide County with such other supporting information as County may request.
4.2 County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
ARTICLE 5- CONTRACTOR'S REPRESENTATIONS
In order to induce County to enter into this Agreement, Contractor makes the following
representations:
5.1 Contractor has familiarized himself with the Work, locality, and with all local conditions,
and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost,
progress, or performance of the work.
5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he
deems necessary for the performance of the Work in accordance with other terms and conditions
of this Agreement.
5.4 To the extent possible, Contractor has correlated the results of all such observations,
examinations, investigations, tests, reports, and data with the terms and conditions of this
Agreement.
ARTICLE 6 — TABOR ACT
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 Contractor in respect
of any period after December 31, 2011 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).
ARTICLE 7 - PROVISIONS MANDATED BY C.R.S. § 8- 17.5 -101 et seq.
If Contractor has any employees or subcontractors, Contractor shall comply with CR.S. § 8 -17.5-
101, et seq., regarding Illegal Aliens - Public Contracts for Services, and this Agreement. By
execution of this Agreement, Contractor certifies that it does not knowingly employ or contract
with an illegal alien who will perform under this Agreement and that Contractor 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 Agreement.
A. Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this Agreement for services; or
(ii) 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. Contractor has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Agreement 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:
httn:// www .dhs.Qov /xt)revnrot/nrograms /ec 1 1 85221 678 1 50.shtm
C. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under
the public contract for services knowingly employs or contracts with an illegal
alien, Contractor shall be required to:
(i) Notify the subcontractor and the County within three days that 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 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. 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 established in C.R.S. § 8 -17.5- 102(5).
F. If Contractor violates these prohibitions, County may terminate the Agreement for
a breach of the contract. If the Agreement is so terminated specifically for a
breach of this provision of this Agreement, Contractor shall be liable for actual and
consequential damages to County as required by law.
G. County will notify the office of the Colorado Secretary of State if Consultant
violates this provision of this Contract and the County terminates the Contract for
such breach.
ARTICLE 8 - ATTORNEYS FEES
In the event of litigation between the parties hereto regarding the interpretation of this Agreement,
or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to
recover damages for breach of this Agreement, or an action be brought for injunction or specific
performance, then and in such events, the prevailing party shall recover all reasonable costs
incurred with regard to such litigation, including reasonable attorney's fees.
Invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable
provision was omitted.
ARTICLE 9 - JURISDICTION AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the
parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth
Judicial District for the State of Colorado.
ARTICLE 10 - 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 action.
ARTICLE 11 - TERMINATION
County may terminate this Agreement, in whole or in part, for any reason, at any time, with or
without cause. Any such termination shall be effected by delivery to Contractor of a written
notice of termination specifying the reason and date upon which termination becomes effective.
In such event, Contractor shall be compensated for all Work satisfactorily completed up to the
date of termination for such Work.
ARTICLE 12 - NOTICE
Any notice required under this Agreement shall be personally delivered, mailed in the United
States mail, first class postage prepaid, or sent via facsimile provided an original is also
promptly delivered to the appropriate party at the following addresses:
The County: Eagle County Facilities Management
P.O. Box 850 Eagle, Colorado 81631
(970) 328-8786 (phone)
(970) 328 -8899 (fax)
and a copy to: Eagle County Attorney
P.O. Box 850 Eagle, Colorado 81631
(970) 328 -8699
The Contractor: Brush Creek Landscaping and Urban Forestry (attn. Steve Tarrant)
PO Box 1504
Gypsum, Colorado 81637
(970) 977 -0493
Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and
confirmed received or, if transmitted after normal business hours, on the next business day after
transmission, provided that a paper copy is mailed the same date.
ARTICLE 13 - INDEPENDENT CONTRACTOR
It is expressly acknowledged and understood by the parties hereto that nothing contained in this
Agreement shall result in, or be construed as establishing, an employment relationship. Contractor
shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor,
employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or
servant of County. Contractor shall be solely and entirely responsible for its acts and for the acts
of its technicians, agents, employees, and servants during the performance of this Agreement.
Contractor shall not represent, act, purport to act or be deemed the agent, representative,
employee or servant of County.
ARTICLE 14 - ASSIGNMENT
No assignment by a party hereto of any rights under will be binding on another party hereto
without the written consent of the party sought to be bound; and specifically, but without
limitation, moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under this Agreement.
County and Contractor each binds itself, its partners, successors, assigns and legal representatives
to the other party hereto, in respect to all covenants, agreements, and obligations contained in this
Agreement.
ARTICLE 15 — INSURANCE
15.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its
own behalf in the following minimum amounts:
Workmen's Compensation, disability benefits, and other similar employee benefit acts,
with coverage and in amounts as required by the laws of the State of Colorado;
Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for
bodily injury and $1,000,000 for property damage, each occurrence. All liability and
property damage insurance required hereunder shall be Comprehensive General and
Automobile Bodily Injury and Property Damage form of policy.
Comprehensive liability and property damage insurance issued to and covering Contractor
and any subcontractor with respect to all Work performed trader this Agreement and shall
also name County as an additional insured, in the following minimum amounts:
Bodily Injury Liability:
Each Person: $1,000,000
Each Accident or Occurrence: $1,000,000
Property Damage Liability:
Each Accident or Occurrence: $1,000,000
15.2 Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to County upon execution of this Agreement.
COUNTY OF EAGLE, STATE OF
COLORADO
y: Keith Montag, County anager
Brush Creek Landscaping and Urban Forestry.
Ajl��
teve Tarrant
PRICE LIST FOR 2011
GROUND PRUNING AND REMOVAL
STRUCTURE PRUNING/ without truck
51.00 PER HOUR
ORNAMENTAL PRUNING/ without truck
55.00 PER HOUR
SAWYER / additional crew member
_
55.00 PER HO
1 LABOR / additional member
_
38.00 PER HOUR
2 MAN FELLING CREW WITH 15" CHIPPER
145.00 PER HOUR
ASV WITH 24" GRAPPLE
90.00 PER HOUR
TX 600 WITH GRAPPLE
2 MAN CHIPPING CREW WITH 15" Irl
10.00 PER HOUR
OVER 15' FROM GROUND/ PRUNING AND REMOVAL
75' BUCKET TRUCK CREW WITH 15" CHIPPER
175.00 PER HOUR HAZARD REMOVAL CREW
CLIMBING CREW WITH ALL RIGGING
185.00 PER HOUR
CHIP HAULING
� 'V
ARBORIST FIRST HALF HOUR FREE
65.00 PER HOUR
r0010Mr
55.00 PER HOUR
FORESTER
CRANE
75.00 PER HOUR
NOW
180.00 PER HOUR 25 TON / 120 W /JIB
STUMP GRINDER
70.00 PER HOUR
AIR SPADE FOR ROOT FLARE EXCAVATION
125.00 PER HOUR
SOIL SAMPLE WITH LAB RESULTS
,s- a.,„:- .:.�'z:,.: '~� 1 � ;-. �,.�- ^'rims. = ,'srvi.'
DEEP ROOT FEEDING (SPRING AND FALL)
50.00 PER SAMPLE lus LAB CHARGE
3.25 PER GALLON
ADD MYCHORRHIZA FIRST APPLICATION
.35 PE GALLON
SPRUCE COOLEY GALL
3.25 PER GA LLON
PINE & SPRUCE BEETLE
PER TREE PRICE/ V_E WITH TREE COUN
SPIDER MITES & SCALE
3.65 PER GALLON
APHIDS
3.25 PER GALLON
WHITE PINE WEEVIL PREVENTION
3.50 PER GALLON
FUNGICIDE APPLICATION 13.25
PER GALLON
ANTI- DESSIACANT(WILT -PRUF)
3.25 PER GALLON
TREE INSTILLATION BUY BID ONLY PLEASE CONTACT US FOR MORE INFO 970 -446 -7149
BCL has the only Altec 75 foot forestry boom truck in the western slope. This truck is located in the Dotsero Yard
With this location we have a quick response to Glenwood or Vail valley with in 2 to 4 hours.
This also gives us better reach and keeps the crew more efficent with there process.
CERTIFICATE OF
LIABILITY INSURANCE
9/1 3 ATE 3 /2011 /2011 Y)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the
certificate holder in lieu of such endomement(s).
PRODUCER
Darold K. Douglas Insurance Agcy
1776 S. Jackson St. #1106
Denver, CO 80210
ADPL
CONTACT
NAME:
P n� "N E<,:303- 782 -5300 iAC.Na >:303- 782 -5511
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAICN
INSURER A: SPARTA Insurance Compan
GENERAL LABILITY
INSURED Tarrant Enterprises, Inc.
dba Brush Creek Landscaping
PO BOX 1504
Vail, CO 81658
970 - 977 - 0493
J INSURER
INSURER B:
INSURER C:
EACH OCCURRENCE
INSURER D:
PREMISES (E. ncr.)
INSURER E:
F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
ADPL
SUO
POUCYNUMBER
fMMIDDNYY11
(MM /DDtYYYl1
UNITS
GENERAL LABILITY
EACH OCCURRENCE
s 1 000 000
PREMISES (E. ncr.)
s 1 000 000
X COMMERCIAL GENERAL LIABILITY
MED EXP(Anyoneperson)
S 51 000
CLAIMS -MADE CI OCCUR
A
021CP 00541
05/13/11
05/13/12
PERSONAL SADV INJURY
s 1, 000,000
Y
GENERAL AGGREGATE
s 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP /OPAGG
s 2, O00 000
X POLICY PRO- LOC
5
AUTOMOBILE LIABILITY
Ea accitlent
3 1,000, 000
BODILY INJURY (Per person)
$
A
ANYAUTO
ALLOMED SCHEDULED
AUTOS AUTOS
NON - OAMED
X HIRED AUTOS X AUTOS
021CP 00541
05/13/11
05/13/12
BODILY INJURY (Per accitlent)
$
PROPERTY DAMAGE
(Per accident)
s
S
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
s
AGGREGATE
$
EXCESS LIAB
CLAIMSMAOE
DED
I I RETENTION $
$
MRKERS COMPENSATION
AND EMPLOYERS LABILITY YIN
M STATU- OTH-
TORY LIMITS ER
E. EACH ACCIDENT
L.
5
ANY PROPRIETOIWARTNEPoEXECUTIVE
CFFICERRAEMBER EXCLUDED4 1:1
(Mandatory in NH)
E.L DISEASE - EA EMPLOYEE
$
Ifyes, desuibe under
DESCRIPTION OF OPERATIONS below
EL DISEASE- POLICY LIMIT I s
A
Contractors Equipmnt
021CP 00541
05/13/1105/13/12
$ 273,806 - $1,000 Ded.
Misc. Equipment
021CP 00541 1 0
5/13/1105/13/12
$ 11,967 - $500 Ded.
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Adar ACORD 101,Addipenal Remarks SChedule,if morespaceis required)
Eagle County is named as Additional insured.
Eagle County
PO Box 850
500 Broadway
Eagle, CO 81631 -0850
Fax: 303 - 328 -3539
UANUtLLHI IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE MATH THE POLICY PROVISIONS.
AUTHORIZED
® 1988 -2010 ACORD CORPORATION. All rights reserved.
ACORD25 (2010105) The ACORD name and logo are registered marks of ACORD