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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 � n1ne � �Wrx r *a ,RMOC ., , "z t Road, 3a7e an, MT IS (4,M 2t17 1 9is 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 �M', 1��� 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 W, C , ""gp,a k,1 Sc�Tfvnan, NIT ',,971 a,- (4,06) 109, 19'70 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;