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HomeMy WebLinkAbout2001-01ORDINANCE NO 2001-01 AGREEMENT FOR SERVICES WITH DRAPER ADEN AND ASSOCIATES (TIlViBER HARVESTING) ADOPTED: January 9, 2001 EFFECTIVE: January 9, 2001 r~ e~v ~ ~ r: ORDINANCE NO 2001-O1 AGREEMENT FOR SERVICES WITH DRAPER ADEN AND ASSOCIATES WHEREAS, Town Council has adopted a plan to cruise, harvest and sell timber upon the lands of the Town of Pulaski, and have determined same to be in the public interest. NOW THEREFORE, be it ordained by the Town Council of the T own of Pulaski sitting in regular session that the attached agreement for services with Draper Aden is hereby approved in substance and form and the Town Manager is authorized to execute and carry out said agreement. This ordinance is effective upon its adoption and is adopted on the recorded vote of the Town Council of the Town of Pulaski, Virginia, on this the 9~' day of January, 2001 as follows: Jeffrey S. Worrell -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye James M. Neblett -Aye Daniel Talbert, Jr. -Aye Kenneth M. Fleenor -Aye ;~ • E. G. Black, Jr. -Aye Lane R. Penn -Aye BY: ~:h.a.~.~~~{~ Charles W. Stewart, Jr., Mayor ATTEST: G Patricia Pendergrast, Clerk of ouncil i • } `P r~ u AGREEMENT FOR SERVICES One this the day of , 2001, The Town of Pulaski, hereinafter referred to as "Town", and Draper Aden Associates, hereinafter referred to as "Firm", do hereby enter into a contract for services regarding the harvesting of timber on lands belonging to Town. That for in and consideration of the mutual covenants herein contained, the parties hereto agree as follows: I. Firm shall designate in writing to Town personnel sufficient to carry out the purposes of this agreement in a timely and professional manner. II The work to be performed by Firm shall be divided into three (3) phases as • follows: PHASE I A. 1. Firm shall conduct all record searches of Town properties and adjacent land owners to confirm ownership of all properties involved in the timber cruse and/or harvest for all services provided by Firm under this agreement. 2. Firm shall prepare plats for each parcel researched in 1. above to further identify the town-owned tracts. 3. Town agrees to pay firm on an hourly basis with a budget estimate of FOURTEEN THOUSAND FIVE HUNDRED DOLLARS ($14,500.00). Firm shall advise Town should said estimate not be sufficient before Phase I is completed and before the estimated price is exhausted. • B. Non-exhaustive general forest reconnaissance: Prior to beginning any field ~~ • activities, Firm will prepare a base map of the subject parcel. The map will contain property line information with overlays for tax maps, topography and aerial photographs, if available. Upon completion of the mapping effort, Firm will dispatch several teams of foresters to undertake a general reconnaissance of the entire 3,000 +/_ acres holdings. Firm represents that each forester team can cover a total of approximately 100 acres a day at a rate of $100.00 per hour. Upon completion of the non-exhaustive general cruise, Firm will update the maps and develop a written report to Town that highlights the overall nature of the timber observed. This overall effort will provide the direction for all future harvests. The teams (per forester team of 2) will identify general locations of easily accessible timber that can satisfy the initial sale requirements. While conducting the reconnaissance, the teams will approximate roads, streams, and suspected wetlands. PHASE II Detailed Cruise, Sale and Harvest Firm shall conduct a detailed cruise of lands identified by Town, but which shall include approximately 3,000 +/_ acres in the following areas to include Mountain Park, Warden Springs, Hogan Lake, Peek Creek and Gatewood Reservoir. The purpose of the cruise will be to identify and delineate specific areas for the initial harvest. A detailed report shall be submitted to Town, which, if acceptable to Town in their sole discretion, shall become a part of this contract as if set forth herein. Firm shall appropriately mark and flay all areas of sale. 2. The hourly rates to be charged by Firm shall be $85 per hour for field surveying and $50 per hour per forester. 3. Firm shall prepare an Invitation to Bid to include (a) a timber sale area, (b) timber • offered for sale, (c) access and decking, (d) description of the timber, and (e) general provisions. ~~ • Prior to accepting opening bids, Firm will conduct apre-bid site visit for interested bidders. Once bids have been received and opened, Firm will made a recommendation to Town and, upon receiving consensus from Town, Firm and/or Town will close the sale. Firm will provide the Timber Sale Contract for Town's approval. 4. Firm shall oversee the work of the harvest by contractor and enforce contractor's compliance. 5. Firm shall be entitled to twelve percent (12%) of the sale proceeds for Phase II and Town may pay for Phase I and II at the completion of Phase II and receipt by Town of the proceeds from the sale. 6. This contract contemplates that the first sale will take place on or before June 2001 and that Firm shall provide a work product that covers future harvest planning for all acreage ~~ involved in this contract. s PHASE III 1. Work beyond the scope of this agreement shall be performed only after written addendum to this agreement signed by the parties hereto. 2. Early termination of this project by Town shall result in reasonable reimbursement to Firm for work provided as of the date of termination of the project. 3. No agreements exist other than this written agreement and all other writings and reproductions are deemed to be merged into this agreement. 4. The parties mutually agree that Vuginia law shall apply to the interpretation and enforcement of this agreement. 5. This agreement shall be binding upon the heirs, successors and assigns, forever, of }~• the parties hereto. ~~ 6. The parties hereto agree to binding arbitration to resolve any differences under this agreement and shall use such arbitrators as the parties can agree upon and if no agreement can be made, then such arbitrator(s) as the Circuit Court of the County of Pulaski, Vuginia, shall designate. This agreement is entered into by The Town of Pulaski, Virginia .~ r • Draper Aden Associates -- 5 ~ -- , _-_, • I, Patricia Pendergrast, Clerk of Council, certify that the foregoing Ordinance 2001-01, agreement for services with Draper Aden and Associates, is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on January 9, 2001. / /L Patricia Pendergrast, Clerk Council tp/c/ordinance certification 2001-01 •