HomeMy Public PortalAboutResolution 2014-05-01 Authorizing Expenditures for the 2014 Sewer System Annual Inspection and Cleaning Contract and Authorizing the Town Manager to Enter into a Contract for the Work TOWN OF FRASER
RESOLUTION NO. 2014-05-01
A RESOLUTION AUTHORIZING EXPENDITURES FOR THE 2014 SEWER SYSTEM ANNUAL
INSPECTION AND CLEANING CONTRACT AND AUTHORIZING THE TOWN MANAGER TO
ENTER INTO A CONTRACT FOR THE WORK.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Town Board of Fraser, Colorado hereby authorizes expenditures not to exceed
$45,000 for sewer collection line inspections; cleaning and video documentation as
outlined by the Public Works Director's staff report and authorizing the Town Manager to
enter into a contract for the work.
2. All documents must be executed and work completed within fiscal year 2014 or this
approval shall no longer be effective.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 7 th DAY OF MAY, 2014.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: TOWN RAS ,WI-O ADO
Absent: _
Abstained: _ BY:
yr
N OF F ATTEST:
(S E A
LA- &-AX4-LA
SEAL Town Clerk
TOWN OF FRASER, COLORADO
PUBLIC WORKS CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of this 15th day of May, 2014 by and
between Anderson Services, Inc., whose address is 1125 Quaker Street Golden Colorado
80401, (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 370, 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 - DESCRIPTION OF WORK
1_1 Contractor agrees to provide all labor and/or materials necessary to complete the
following public works construction project (herein referred to as the "Work"):
Jetter cleaning and/or CCTV video documentation of sanitary sewer main trunks
in the Town of Fraser collection systems. The attached map and list of pipe
lengths indicate which areas are to be inspected, cleaned and videoed.
1_2 The plans and specifications for such Work, if any, are attached to this Contract
and authenticated by the signatures of the parties' duly authorized representatives.
1_3 Any additional work must be approved in advance by Fraser. Such authorization
shall be evidenced only by a written change order, which shall describe the additional work and
any adjustment to the compensation payable to Contractor pursuant to Article 2.0 hereof, and
which shall be signed by Fraser and Contractor.
1_4 Fraser shall be responsible for obtaining required permits for the Work, if any.
ARTICLE 2.0 - COMPENSATION
2_1 Fraser agrees to pay the following compensation to Contractor for the Work
described in Article 1.0:
This contract addresses the Town of Fraser 2014 Sanitary Sewer Collection
Maintenance program for inspection, cleaning and video documentation services
Rates are based on the attached 2014 rate sheet. Any off-road access will be billed
at an additional amount of $1.00/1-F. This contract is for the amount NTE
$45,000.00.
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2_2 Such compensation shall be payable as follows:
Net 30 days.
Final payment shall be made upon completion of the Work and receipt of all video
documentation and daily reports in accordance with this Contract and following publication of
notice of final settlement in accordance with the provisions of Section 38-26-107, Colorado
Revised Statutes, [if applicable].
2_3 Fraser hereby states that the amount of money appropriated for the Work is
equal to or in excess of the Contract Price.
224 Fraser shall not issue any change order or other form of order or directive by
Fraser requiring additional compensable work to be performed, which work causes the
aggregate amount payable under this Contract to exceed the amount appropriated for the
original Contract, unless Contractor is given written assurance by Fraser that lawful
appropriations to cover the costs of the additional work have been made or unless such work is
covered under a remedy -granting provision in this Contract.
2_5 Contractor is aware of the provisions of Section 39-26-708, Colorado Revised
Statutes, and agrees to comply therewith, including applying for the appropriate certificate of
exemption to insure that Fraser will not pay any sales or use tax directly or indirectly.
ARTICLE 3.0 - PROSECUTION OF WORK
3_1 Promptly upon execution of this Contract, Contractor shall order all necessary
materials and shall promptly and diligently prosecute the Work to completion. The Work shall
be fully completed not later than June 30, 2014; provided, however, that such completion date
may be extended, if, in Fraser's sole judgment, adverse weather conditions or other matters
beyond Contractor's control make completion by said date impracticable.
3_2 Fraser agrees to allow Contractor continuous access to the Property for
purposes of performance of the work.
3_3 The Work may be inspected at any time by Fraser or its designated
representative.
ARTICLE 4.0 - CONTRACTOR'S RESPONSIBILITIES
4_1 Contractor shall be solely responsible for all construction under this Contract,
including the techniques, sequences, procedures and means, and for coordination of all work;
so that the Work shall comply with all applicable standards and specifications and be completed
in a good and workmanlike manner.
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4_2 Contractor shall provide and pay for all labor, materials and equipment, including
tools, construction equipment and machinery, including all facilities and services necessary for
the proper completion of the Work.
4_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
and their employees; and for those of all other persons performing work under a contract with
him.
4_4 Contractor agrees to keep the Work premises and adjoining ways free of waste
material and rubbish caused by its work or that of its subcontractors. Contractor further agrees
to remove all such waste material and rubbish on termination of the project, together with all of
the Contractor's tools, equipment, machinery and surplus materials. Contractor agrees, on
terminating its work at the site, to conduct general cleanup operations.
4_5 Contractor has the duty of providing for and overseeing all safety orders,
precautions and programs necessary to the reasonable safety of the performance of the Work
hereunder. In this connection, Contractor shall take reasonable precautions for the safety of all
workmen and other persons whom the Work might affect, all work and materials incorporated in
the project, and all property and improvements on the construction site and adjacent thereto,
complying with all applicable laws, ordinances, rules, regulations and orders.
ARTICLE 5.0 - INDEMNIFICATION AND INSURANCE
5.11 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.
5_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 5.1. 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:
5.2.1 Contractor shall maintain such insurance as will fully protect Contractor and
Fraser from any and all claims under workers' compensation and other employee benefit
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laws, in an amount not less than the statutory limits (as may be amended from time to
time).
5.2.2 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.
5.2.3 Contractor shall maintain comprehensive automobile liability insurance, with
minimum limits as specified in subsection 5.2.2 above, with respect to each of
Contractor's owned, hired or non -owned vehicles assigned to or used in performance of
the Work hereunder.
553 The policy or policies required by subsections 5.2.2 and 5.2.3 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.
5_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.
5.5 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 6.0 - WARRANTIES
6_1 Contractor represents and warrants to Fraser that all materials incorporated into
the Work or placed permanently in connection therewith will be new unless otherwise specified,
of good quality, free of defects, and in accordance with all applicable standards and
ME
specifications. It is understood between the parties hereto that all materials not so in conformity
are defective.
6_2 In addition to all other warranties provided herein, Contractor shall warrant the
Work against defects in materials or workmanship for a period of one (1) year following final
completion thereof. Contractor agrees to promptly correct any such defects reported by Fraser
within such one (1) year period. If Contractor refuses or delays in correcting any such defects,
Fraser may have the same corrected and Contractor shall be liable to Fraser for all costs
incurred in connection therewith.
ARTICLE 7.0 - MISCELLANEOUS PROVISIONS
7_1 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.
7.2 Neither this Contract or any interest therein, nor any claim thereunder, shall be
assigned or transferred by Contractor to any other party or parties.
7.33 This Contract calls for the performance of the services of Contractor as an
independent contractor, and neither Contractor nor any of Contractor's agents or employees
shall be considered employees of Fraser for any purpose.
7_4 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.
7_5 If the compensation payable to Contractor pursuant to this Contract will or is
likely to exceed $50,000, Contractor shall furnish payment bond as required by C.R.S. 38-26-
105, prior to the commencement of any work hereunder. If such compensation will or is likely to
exceed $100,000, Contractor shall also provide a performance bond in accordance with the
provision of C.R.S. 38-26-106, in an amount not less than one-half of the amount payable
pursuant to this contract.
7.66 Pursuant to the provisions of Section 8-17-101, C.R.S., Colorado labor shall be
employed by the Contractor to perform the Work to the extent of not less than eighty percent of
each type or class of labor in the several classifications of skilled and common labor.
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
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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.
¢.FFSER
J`61' FRASEI-;"a municipal corporation
State of Colorado- A`
ATT--
Town
TTTown Clerk
0
CONTRACTOR
Anderson Services, Inc.
BY.
TITLE:
1 � �
Town of Fraser
Public Works Department
Attention Mr. Adam Cwiklin of Mr. Allen Nordin
Regarding: 2014 Maintenance Program for sanitary sewer lines
April 29s`, 2014
Please find enclosed prices for work in Fraser Colorado per your request:
1] Cleaning of 8" sanitary sewer lines@ .80/LF, up to three passes if necessary
21 iG 11 @ 0,1 ii ii .90/LF LG ti
31 1211 ii it `@ $1.00/LF it
4] Lines 15" and larger will be cleaned upon an hourly basis only. We will try to give you a good estimate
upon inspection before cleaning begins.
5] Televising of all lines 8" and larger will be performed @ .80/LF. Televising includes DVD's and the
reports if needed.
6] If required all of our equipment, ie; TV van or Vactor truck, will be billed at he same hourly rate of
$225.00/HR. All prices are FOB Fraser. We will not charge any mobilization for non emergency work.
7] We will clean sanitary lines located in easements @ $1.50/LF. This work requires extra personnel to pull
hose by hand.
We assume the following to be true regarding this work:
A] All manholes are located and accessible to our equipment
B] Water will be provided from fire hydrants at no charge
C] No traffic control is necessary. Our trucks do carry a few cones.
D] A location to dump the material removed from your line will be provided without charge
E] You will provide maps and assistance in locating manholes if necessary
F] Prices quoted do not include any applicable taxes, fees, permits, licenses, ect.
We have worked for the Town of Fraser for the last ten years. We look forward to helping you again this
coming season. Let us know when you need a current insurance certificate. Please call if there are any
questions.
Sincerely,
Clark An-d/eerss'on,, President
Anderson Services, Inc.
1125 Quaker Street e Golden, Colorado 80401
(303) 277-1112 Fax (303) 277-1116
J&
Anderson ServicesJM
Town of Fraser April 29`x, 2014
Public Works Department
Attention Mr. Adam Cwiklin of Mr. Allen Nordin
Regarding: 2014 Maintenance Program for sanitary sewer lines
Please find enclosed prices for work in Fraser Colorado per your request:
I] Cleaning of 8" sanitary sewer lines @ .80/LF, up to three passes if necessary
2] " 10" " " @ .90/LF "
3] 12" " " @ $1.00/LF
4] Lines 15" and larger will be cleaned upon an hourly basis only. We will try to give you a good estimate
upon inspection before cleaning begins.
5] Televising of all lines 8" and larger will be performed @ .80/LF. Televising includes DVD's and the
reports if needed.
6] If required all of our equipment, ie; TV van or Vactor truck, will be billed at he same hourly rate of
$225.00/HR. All prices are FOB Fraser. We will not charge any mobilization for non emergency work.
7] We will clean sanitary lines located in easements @ $1.50/1,17. This work requires extra personnel to pull
hose by hand.
We assume the following to be true regarding this work:
A] All manholes are located and accessible to our equipment
B] Water will be provided from fire hydrants at no charge
C] No traffic control is necessary. Our trucks do carry a few cones.
D] A location to dump the material removed from your line will be provided without charge
E] You will provide maps and assistance in locating manholes if necessary
F] Prices quoted do not include any applicable taxes, fees, permits, licenses, ect.
We have worked for the Town of Fraser for the last ten years. We look forward to helping you again this
coming season. Let us know when you need a current insurance certificate. Please call if there are any
questions.
Sincerely,
,'+��PA
Clark Anderson, President
Anderson Services, Inc.
1125 Quaker Street e Golden, Colorado 80401
(303) 277-1112 Fax (303) 277-1116