HomeMy Public PortalAboutResolution 2012-03-02 Authorizing Execution of a Contract with Five Rivers for the Fraser River Banks Stabilization ProjectTOWN OF FRASER
RESOLUTION NO. 2012-03-02
A RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH FIVE RIVERS FOR
THE FRASER RIVER BANK STABILIZATION PROJECT
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. That the Town Manager is hereby authorized to execute the attached contract for the Fraser
River Bank Stabilization Project.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 7h DAY OF MARCH, 2012.
Votes in Favor:
Votes Opposed:
Q
Absent:
Abstained:
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
By: `- i
Mayor
ATTEST:
Town Clerk
TOWN OF FRASER, COLORADO
PUBLIC CONTRACT FOR SERVICES
THIS CONTRACT is made and entered into as of this day of
2012, by and between Five Rivers, Inc , whose address is 8950 Chapman Rd.
Bozeman MT 59718 , hereinafter referred to as "Contractor"), and the Town of
Fraser, a municipal corporation of the State of Colorado, whose address is 153 Fraser Avenue,
P.O. Box 120, Fraser, Colorado 80442, (hereinafter referred to as "Fraser" or "Town").
In consideration of the mutual promises and covenants set forth herein, Fraser and
Contractor agree as follows:
ARTICLE 1.0 — RELATIONSHIP OF THE PARTIES
1.1 Contractor is engaged in an independent business and is being retained and
engaged by Fraser only for the purposes and to the extent set forth in this contract.
Contractor's relation to Fraser and any of its affiliates shall, during the term of the contract, be
that of an independent contractor and not an employee, agent, partner or engaged in a joint
venture with Fraser, for all purposes including, but not limited to Federal and state tax purposes.
Fraser does not require Contractor to work exclusively for Fraser, and Contractor shall retain the
right to perform services for others during the term of this contract.
1.22 Fraser engages Contractor to perform duties in connection with the following
specific engagement hereunder.
ARTICLE 2.0 - DESCRIPTION OF SERVICES
2.1 Contractor agrees to provide the following services for Fraser (herein referred to
as the "Work"):
Complete the work on sites 1-6 as described in the Nationwide Permit
Application to the US Army Corps of Engineers (USACE) dated April 19, 2011 and as
detailed in the additional information letter to the USACE dated September 27,2011.
Both documents are attached for reference. The Work will be completed by a heavy
equipment contractor of the Contractors choice.
2_2 Any additional work or services not within the scope of the description set forth in
Section 2.1 must be approved in advance by Fraser.
ARTICLE 3.0 - COMPENSATION
3.1 Fraser agrees to pay the following compensation to Contractor for the Work
described in Article 2.0:
Time and Materials for cost of Work. Total cost NOT TO EXCEED
$30.000.
Rev. 2010-08 Page 1 of 6
3_2 Such compensation shall be payable as follows:
3.2.1 Down Payment
25% of not to exceed amount ($7,500) will be Invoiced as INITIAL PAYMENT
and paid prior to commencement of the work. This amount shall be applied by the
Contractor as compensation for services and materials as part of the Work. Credit for
the Initial Payment will be applied to the first Invoice submitted after the project has
commenced.
3.2.2 Progress Payments
Once work has commenced the Contractor shall deliver to the Owner every
fifteen (15) days and upon completion, itemized INVOICES in such detail as required to
allow the Owner to verify expenses against the scope of work. Payment of each Invoice
will be made by Fraser within thirty (30) days of receipt. Fraser has the right to retain
10% of each payment to the Contractor. Once the work has been completed and the
contract fully performed in accordance to the contract documents and as approved by
the Town the Town will release the total retained amount to the Contractor.
3_3 Fraser hereby states that it has appropriated sufficient funds to pay the
anticipated compensation due to Contractor hereunder for the current fiscal year.
ARTICLE 4.0 - TERM
4.1 This Contract shall be effective as of the date first mentioned above and shall
continue in effect until terminated by either party.
4_2 Either party may terminate this contract without cause upon not less than thirty
(30) days written notice to the other party.
ARTICLE 5.0 - CONTRACTOR'S RESPONSIBILITIES
5_1 Contractor shall provide and pay for all labor, materials, equipment, facilities and
services necessary for the proper completion of the Work.
5.2 Contractor will pay and be responsible for all costs incurred by Contractor
relating to or in connection with the performance of duties under this contract, including, but not
limited to, any overhead costs, any fees, fines, licenses, bonds or taxes required of or imposed
against Contractor and all other of Contractor's costs of doing business.
5_3 Contractor assumes full responsibility for acts, negligence or omissions of all its
employees engaged in performing the Work or any part thereof; for those of his subcontractors
Rev. 2010-08 Page 2 of 6
and their employees; and for those of all other persons performing work under a contract with
him.
5_4 Contractor shall comply with all Federal, state and local laws regarding business
permits and licenses that may be needed to carry out any duties to be performed under this
contract.
ARTICLE 6.0 - INDEMNIFICATION AND INSURANCE
6_1 Contractor agrees to indemnify, defend, and hold Fraser harmless from and
against any and all liability, claims, and damages arising out of work under this Contract,
including Fraser's attorney fees, on account of injury, loss or damage, including without
limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property
loss or damage, to the extent such injury, loss or damage is caused or alleged to be caused in
whole or in part by the negligence or other fault of Contractor, any subcontractor or supplier of
Contractor, or any officer, employee, or agent of Contractor, but not for any amounts that are
greater than that represented by the degree or percentage of negligence or fault attributable to
the Contractor or the Contractor's agents, representatives, subcontractors, or suppliers. This
indemnification provision is intended to comply with C.R.S. 13-21-111.5(6) and shall be read as
broadly as permissible to satisfy that intent.
6_2 Contractor shall procure and maintain, and shall cause any subcontractor of
Contractor to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurers acceptable to Fraser. All
coverages shall be continuously maintained to cover all liability, claims, demands and other
obligations assumed by Contractor pursuant to Section 6.1. In case of any claims -made policy,
the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage. The required coverages are as follows:
6.2.1 Contractor shall maintain such insurance as will fully protect Contractor and
Fraser from any and all claims under workers' compensation and other employee benefit
laws, in an amount not less than the statutory limits (as may be amended from time to
time).
6.2.2 Contractor shall maintain general liability insurance with coverage limits of not
less than $150,000.00 for injury to one person in any single occurrence and not less
than $600,000.00 for injury to two or more persons in any single occurrence, or such
larger amounts as correspond with the recovery limits applicable to governmental
entities under C.R.S. 24-10-114(1) as the same may be from time to time amended.
The policy shall be applicable to all premises and operations. The policy shall include
coverage for bodily injury, broad form property damage (including completed
operations), personal injury (including coverage for contractual and employee acts),
blanket contractual, independent contractors, products and completed operations. The
policy shall include coverage for explosion, collapse and underground hazards, and shall
contain a severability of interests provision.
Rev. 2010-08 Page 3 of 6
6.2.3 Contractor shall maintain comprehensive automobile liability insurance, with
minimum limits as specified in subsection 6.2.2 above, with respect to each of
Contractor's owned, hired or non -owned vehicles assigned to or used in performance of
the Work hereunder.
6_3 The policy or policies required by subsections 6.2.2 and 6.2.3 above shall be
endorsed to include Fraser as an additional insured. Every policy required above shall be
primary insurance, and any insurance carried by Fraser, its officers or employees, or carried by
or provided through any insurance pool shall be excess and not contributory insurance to that
provided by Contractor. Contractor shall be solely responsible for any deductible losses under
any policy or policies required herein. Upon Fraser's request, Contractor shall promptly furnish
Fraser with a certificate of insurance evidencing the insurance coverage required by this Article.
6_4 Failure on the part of Contractor to procure or maintain policies providing the
required insurance coverages, conditions and minimum limits provided herein shall constitute a
material breach of this Contract, for which Fraser may immediately terminate this Contract, or at
its discretion, Fraser may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith, and all sums so paid by
Fraser shall be repaid by Contractor to Fraser upon demand, or Fraser may offset the cost of
the premiums against any monies due to Contractor from Fraser.
6.5 Fraser and Contractor understand and agree that Fraser is relying on, and does
not waive or intend to waive by any provision of this Contract, the monetary limitations or any
other rights, immunities and protections provided by the Colorado Governmental Immunity Act,
Section 24-10-101, et seg., Colorado Revised Statutes, as the same may from time to time be
amended, or otherwise available to Fraser, its officers or employees.
ARTICLE 7.0 - ADDITIONAL PROVISIONS
7_l Contractor understands that Contractor will be liable for Federal, state and local
income taxes and Federal self employment tax relating to income received under this contract.
Fraser will not: withhold FICA (Social Security) from Contractor's payments; make State or
Federal unemployment insurance contributions on Contractor's behalf; withhold State or Federal
income tax from payments to Contractor; or obtain Worker's Compensation insurance on behalf
of Contractor.
Contractor is not entitled to workers' compensation benefits and is obligated to pay
Federal and state income tax on any moneys earned pursuant to the contract
relationship established by this contract.
7_2 Fraser shall not provide in any way training to or for Contractor hereunder.
_3 Contractor is engaged hereunder as an independent contractor and, as such,
Contractor shall not have any authority to accept engagements on behalf of or to, in any other
way, bind Fraser.
Rev. 2010-08 Page 4 of 6
7_4 This Contract contains the entire agreement and understanding between the
parties and may not be changed or modified orally, but only by a written instrument signed by
both Fraser and Contractor.
7_5 Neither this Contract or any interest therein, nor any claim thereunder, shall be
assigned or transferred by Contractor to any other party or parties.
7_6 In the event of any litigation relating to or arising out of this Contract, the court
shall award to the prevailing party all reasonable costs and expenses incurred in connection
with such litigation, including attorney fees. This Contract shall be interpreted and enforced in
accordance with the laws of the State of Colorado; and the courts of Grand County, Colorado,
shall have exclusive jurisdiction over any court action arising hereunder.
7_7 Illegal Aliens. By its signature on this Contract, Contractor certifies that, as of the
time of its signature, it does not knowingly employ or contract with any illegal alien who will
perform work under this Contract and that, in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under this Contract, Contractor
will participate in the e -verify program or department program, as defined in C.R.S. 8-17.5-101.
Contractor agrees that it shall not knowingly employ or contract with any illegal alien to perform
work under this Contract; and that it shall not enter into a contract with a subcontractor that fails
to certify to Contractor that the subcontractor shall not knowingly employ or contract with any
illegal alien to perform work under this contract. Contractor has confirmed the employment
eligibility of all employees who are newly hired for employment to perform work under this
Contract through participation in either the e -verify program or department program, as defined
in C.R.S. 8-17.5-101. Contractor shall not use the e -verify program or department program
procedures to undertake preemployment screening of job applicants while work under this
Contract is being performed. If Contractor obtains actual knowledge that a subcontractor
performing work under this Contract knowingly employs or contracts with an illegal alien,
Contractor shall: (1) notify the subcontractor and Fraser within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2)
terminate the subcontract with the subcontractor if, within three days of receiving the notice
required herein, the subcontractor does not stop employing or contracting with the illegal alien;
except that Contractor 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. Contractor shall comply with any
reasonable request by the Colorado Department of Labor and Employment made in the course
of an investigation that the Department is undertaking pursuant to the authority established in
C.R.S. 8-17.5-101(5). If Contractor violates a provision of this paragraph, Fraser may terminate
this Contract for breach of contract. If the Contract is so terminated, Contractor shall be liable
for actual and consequential damages to Fraser. Contractor understands that, in the event of
such a termination, Fraser is required to notify the office of the Colorado Secretary of State.
IN WITNESS WHEREOF, Fraser and Contractor have executed this Contract effective
the date first above written.
Rev. 2010-08 Page 5 of 6
Ia:UT-4 �
TOWN OF FRASER, a municipal corporation
of the State of Colorado
BY: ABY:
Mayor _
ATT
Town Clerk (} `
'1
(SEAL) a�
TITLE:
CONTRACTOR
Rev. 2010-08 Page 6 of 6
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August 11, 2010
Jeff Durbin
Town Manager Fraser, CO
P.O. Box 370
Fraser, CO 80442
Jeff,
The following is a summary of the repairs we discussed during our walk through on July 26th. The
purpose of this letter is to be sure we are all on the same page before the permit application is
submitted to the Corps. From the upstream most sites to the downstream they're labeled Sites 1-6.
Site 1 is the location of approximately 120 feet of 3-4 foot vertically eroding bank that needs to be
stabilized to prevent further lateral migration. The current bank elevation is higher than the land
directly behind it and if the channel continues to move in that direction, flooding of streets and
residential area will become an issue. To stabilize Site 1, we discussed a combination of large rock and
bioengineering techniques. The large rock (3-5 foot and smaller) would be keyed into the toe of the
bank and keyed into the upstream end of the bank repair. The large rock would not be continuous as
rip/rap down the bank; instead, cobble from the channel as well as some organic soil would be used to
fill in between, above, and behind the large rock. Above the rock and cobble a soil encapsulated lift
using coir fabric would be installed. The coir fabric consists of a coconut biodegradable fabric that will
last long enough for the willows and grass seed to establish a root system that will stabilize the bank.
Containerized willows will be planted between the cobble and coir lift and native grass seed will be hand
cast inside of the coir lift. A picture has been provided as an example of this technique.
Site 2 is a short section of vertically eroding bank directly downstream from existing large rock used to
protect the bank. The erosion is beginning to travel downstream where it has already begun to cut
behind a large willow that is in the toe of the bank. If left alone erosion will continue to cut behind and
drop the willow into the channel. This would constrict flow and increase pressure against an unstable
bank which will continue to degrade the channel. To prevent further damage, 3-5 foot rock would be
keyed into the toe of the bank and tucked into the bank upstream of the large willow. Cobble from the
existing downstream pool would be used to fill behind the large rock. The riffle that directs flow at this
bank would be manipulated to spread flow more evenly across the channel at high flows. Some larger
cobble would be incorporated into this riffle to create a hardened riffle to ensure that it maintain its
shape and function during high flow events.
Site 3 is the site of a side channel that feeds a private off channel pond and the location of a foot bridge.
There is an issue of water getting up and onto the trail at the bridge and an issue of the culverts washing
out at the exit of the side channel. Flows making it to the elevation of the trail at the bridge indicate
that the base of the bridge must have been seeing water at the same time. We suggest getting the city
engineers involved at this point to determine how high the bridge needs to be to clear high flows and
how it should be raised. We can definitely assist in raising the bridge but don't believe we should take
design responsibility on a structure like this because we are not engineers. In addition to raising the
bridge we still believe we should limit the amount of flow that can enter the side channel to help with
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9,50 ( xw.bYY n Road. BwPfnan, NIT 59718 (406.) W9-1970
the downstream washout of the culverts. This would be achieved by building bank across the channel
entrance and installing a 12-18" culvert to keep the channel and the inflow to the private pond active.
This will help decrease the severity of the washout at the downstream culverts but probably won't
completely eliminate it. It looks like during high flows the exits of the culverts are probably submerged
in the river, backing up water into the side channel and causing flow over the trail. With the reduced
inflow to the channel, velocities should not be as great as water is exiting the channel but the water
surface elevation will be close to the same. To prevent damage to the trail every year we recommend
that we backfill the culverts completely with cobble. This will allow water to flow through and over
without washing material away. The trail on either side of the culverts would also be cobble. In effect
this section of trail would become a ford type crossing during high flows. If it's observed during the
spring that no water is flowing over the trail at the exit, then the city could consider laying trail material
down over the cobble.
Site 4 has 5 culverts passing under the trail that are supposed to feed a small wetland side channel.
High flows are overtopping the trail and moving material from the trail into the exits of the culverts in
the side channel. The only way to prevent this from occurring is to raise the trail over the culverts. The
wood retaining wall seems to be doing its job keeping the trail in place so it could be raised an additional
foot with the trail. To prevent a long run of trail with that much added vertical drop, cobble would be
placed in front of 3 of the 5 culverts in the channel and would slope up the face of the retaining wall.
Two culverts would be kept clear. The trail material that has washed over the culvert exits and into the
side channel would be cleaned up.
Site 5 is the severally eroding bank that is threatening the trail in front of some condos. This bank would
be stabilized using large rock and cobble. Some organic material would be used to encourage
revegetation and containerized willows would be incorporated throughout the matrix. Typically we try
to avoid the used of large rock as rip/rap but if structures such as roads or buildings are at risk we take
this additional precaution.
Site 6 appeared to be a low spot in an outside bank that flows were jumping over and running into
public area including a pond. Just a small amount of fill over this upland area would prevent this. With
the possibility of damaging the inflow to the pond and other public utilities in the area we assume to
leave this site to the city.
If this is acceptable to you we will prepare and submit the 404 permit application to the Army Corps for
the work described above. The cost preparing the permit application is $900. If a site visit is required
with the Corps that cost would be separate. If this is approved we will have it submitted as soon as
possible.
Regards,
Sean Claffey
Five Rivers, Inc.
2
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Site I
Example of Coir Lift finished June 2010 on the Upper Colorado.
Picture taken in July
899) Dapmai� Road, Bozeman, MT aWJS (40i)?09-1970
Site 2
v
Cnapman R;xid, Rozennam, PAT �, 9718 (4,",6, 205-197C)
Site 3- Downstream
Site 4
F, 0
D'sawnan Road, MT w9,716' (4106) 2119-19"N'
Sita 1;