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HomeMy Public PortalAboutResolution 2014-05-02 Authorizing Expenditures for the St. Louis Creek Bank Stabilization Project and Authorizing the Town Manager to Enter into a Contract TOWN OF FRASER RESOLUTION NO. 2014-05-02 A RESOLUTION AUTHORIZING EXPENDITURES FOR THE ST. LOUIS CREEK BANK STABILIAZATION PROJECT AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT. 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 $25,000 for bank stabilization work on the St. Louis Creek as outlined by the Public Works Director's staff report and authorizing the Town Manager to enter into a contract with Five Rivers, Inc. 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 7th DAY OF MAY, 2014. Votes in favor: BOARD OF-TtRUSTEES OF THE Votes opposed: TOWN PF F/RASER,, RAEle Absent: Abstained: BY: M yor OF Fl�s� ATTEST: (S E SEAL cz-& Town Clerk cocoRA)® TOWN OF FRASER, COLORADO PUBLIC CONTRACT FOR SERVICES THIS CONTRACT is made and entered into as of this 8th day of May, 2014, by and between Five Rivers, Inc., whose address is 8950 Chapman Road. Bozeman, Montana 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 — 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_2 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 river bank stabilization work on the St. Louis Creek breach site as outlined in the US Army Corps of Engineers (USACE) Nation Wide Permit 13 (SPK-2012-00994) approval letter dated December 5, 2012 and as detailed in the USACE Pre-Construction Notification (PCN) application plan and profile documents with revisions dated 11-09- 2012. Both documents are attached for reference. The Work will be completed by a heavy equipment contractor of the Contractors choice. The Town of Fraser will provide general support including assisting with hauling of rip rap materials and acquiring access to the site located on private property. 2.2 Any additional work or services not within the scope of the description set forth in Section 2.1 must be approved in writing 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 the cost of Work. Total cost is a Not-To-Exceed amount of Twenty-Five Thousand Dollars and no cents ($25,000). Rev. 2010-08 Page 1 of 5 3.2 Such compensation shall be payable as follows: Final invoice to be provided at the completion of the Work and following inspection and acceptance of the Work, payment shall be due within 30 days. 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 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 Rev. 2010-08 Page 2 of 5 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. 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. 6.2.4 Contractor shall maintain professional liability insurance with minimum combined single limits of Five-Hundred Thousand Dollars ($500,000.00)for each occurrence and Five-Hundred Thousand Dollars ($500,000.00) aggregate. [IF APPLICABLE] 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 Rev. 2010-08 Page 3 of 5 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 seq., 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 7.1 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. 7_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. 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 Rev. 2010-08 Page 4 of 5 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. FRASER CONTRACTOR TO V FRA unicipal corporation Five Rivers, Inc.,a Montana Corporation he State to o p.. Manager EST TITLE: To ''� Irk (SEA ) SEAL C�WRA�O Rev.2010-08 Page 5 of 5 DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO CA 958142922 REPLY TO ATTENTION OF December 5, 2012 Regulatory Division (SPK-2012-00994) Mr. Allen Nordin Town of Fraser Post Office Box 370 Fraser, Colorado 80442 Dear Mr. Nordin: We are responding to your request for a Department of the Army permit to place boulder and soil fill in order to repair and stabilize approximately 80 linear feet of bank of St. Louis Creek, a water of the United States. This project is being conducted to repair temporary flood protection and erosion that occurred during high flows in 2011. The project is located in and adjacent to St. Louis Creek, in the South 1/2 of Section 19, Township 1 South, Range 75 West, Sixth Principal Meridian, Latitude 39.943716°, Longitude -105.830338°, Fraser, Grand County, Colorado. Based on the information you provided, the proposed bank stabilization activities,which will permanently impact approximately 0.02 acre of perennial stream channel, are authorized by Nationwide Permit Number(NWP) 13 -Bank Stabilization. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets and Regional Conditions, and the following Special Conditions: 1. You shall conduct all work affecting waters of the U.S. as described in your pre- construction notification signed September 12, 2012 and revisions dated November 9,2012. Any modification that would incur additional impacts to waters of the U.S.must be coordinated with the Corps well in advance of any modification. 2. You are responsible for all work authorized herein and ensuring that all contractors and workers are made aware of and adhere to the terms and conditions of this permit authorization. You shall ensure that a copy of the permit authorization and associated drawings are available for quick reference at the project site until all construction activities are completed. 3. You must sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized work. The Compliance Certification must include post-construction photographs of the project site showing all work conducted. The camera positions and view angles of post-construction photographs shall be identified on a map, aerial photo, or project drawing. -2- Please be aware that this verification does not convey any property rights (33 CFR 320.4(g)(6)); therefore, you should obtain the permission of the property owner before conducting the work. In addition, the Town as permittee is responsible for maintaining the authorized activity. This verification is valid for two years from the date of this letter or until the NWP is modified, reissued,or revoked, whichever comes first. Failure to comply with the General and Regional Conditions of this NWP, or the project-specific Special Conditions of this authorization,may result in the suspension or revocation of your authorization. Please refer to identification number SPK-2012-00994 in any correspondence concerning this project. If you have any questions, please contact me at our Colorado West Regulatory Branch, 400 Rood Avenue, Room 224, Grand Junction, Colorado 81501,by email Lesley.A.McWhirter @usace.army.mil, or by telephone 970-243-1199, extension 17. For more information regarding our program, please visit our website at wtivtiti,.spk.usace.army.mil/Missions/Regulatoty.aspx. At your earliest convenience, please tell us how we are doing by completing the customer survey on our website under Customer Service Survey. Sincerely, c Lesley Mc irter Senior Project Manager Enclosures: 1. Project Location Map 2. Nationwide Permit 13 Summary 3. Regional Conditions for Colorado Copy furnished (with Enclosure 1): Mr. C. Clark Lipscomb, P.O. Box 597,Winter Park, CO 80482-0597 Ms. Kristen Manguso, Grand County Planning Director, P.O. Box 239, Hot Sulphur Springs, CO 80451 Mr. Lyle Sidener, Area Wildlife Manager, Colorado Parks and Wildlife, P.O. Box 216, Hot Sulphur Springs, CO 80451 SMALLER ON-SITE BOULDERS, COBBLE AND ON-SITE SOIL. (INSTALL) MEET AND MATCH FILL - ONSITE EXISTING AESTHETICS EXCAVATED SOIL TOP ELEVATION SET AT WILLOW CLUMP PRE-BREACH ELEVATION PER PLAN ANGULAR 2 FT TO 4 FT BOULDER LOCKED-IN (INSTALL) STREAM FACE LOCATION OF ANGULAR BOULDERS SEE SHEET 3 OF 4 TEMPORARY ON-SITE BOULDERS (REMOVE) "20F m O N REVEGETA E BARE l • • 24E39- Zi EXISTING ST. LOUIS CREEK PROFILE (TYPICAL) NA BURY DEPTH FOR ANGULAR 2 FT TO 4 FT ANGULAR BOULDERS - BOULDER (INSTALL) APPROX. -Y4 OF BOULDER DIMENSION NOT TO SCALE SHEET 4 OF 4 TOWN OF FRASER, CO CST. LOUIS CREEK BANK REPAIR/STABILIZATION it FS E hCINEE RING CONS UETAN I,EEC L� I SECTION VIEW 6013 E.Briarwood Drive I Centennial,Colorado 80112 P 303.726.5577 F 303.484.3833 N_ O O M am FINISH AND/OR HAND GRADE THE DISTURBED AREA TO REMOVE ANY \ G, o 0 TRACKS OR PRE–EXISTING DAMAGED AREAS. SEED ALL se9 i i LL DISTURBED AREAS WITH SEED MIX. o – a WETLAND DISTURBANCE AREA o (0.08 ACRES) BANK REPAIR/ STABILIZATION AREA S or EE PLAN SHEET 3 OF 4 TEMPORARY BOULDERS ° A;� a y EDGE OF GRAVEL ?'.=� +.. �.� ( \�OTES: 1— J 1 �� n.,8y \\ °�=+s 1. WORK IS BEING PERFORMED ON PRIVATE �� ✓�� % s�sss^ass PROPERTY. MAINTAIN MINIMAL SIZE STAGING AREA. m EXISTING TWO----- WO ^�o f \\ 2. EQUIPMENT MATS (OR ACCEPTABLE ALTERNATE m TRACK TRAIL a� 1 O Q (0.02 ACRES) �� ,� % sz \\ METHODS) WILL BE REQUIRED FOR ALL U _nom _ h' 3 \ CONSTRUCTION. 3. GRADE AND RE–VEGETATE ALL DISTURBED w ACCESS AND STAGING AREAS UPON COMPLETION U) Q Z OF WORK. LL w a 4. REMOVE ALL UNUSED BOULDERS AND u. af w gg �° STOCKPILED SOIL FOLLOWING COMPLETION OF WORK LL F- e6 TO A SITE DESIGNATED BY THE TOWN, O Z m POINT BAR AND BAN \ 5. ALL NWP 13 GENERAL CONDITIONS ARE Q CD LAYBACK (RESHAPE) AREA APPLICABLE HERETO.\ O w (0 02 ACRES) 6. 2' TO 4' BOULDERS SHALL HAVE A MINIMUM h Lu SIDE LENGTH OF 2' AND A MAXIMUM SIDE LENGTH V —ae3° OF 4't. Ll to 7. SEED MIX: 50% TIMOTHY GRASS; 50% REMOVE THE DEPOSITED COBBLE, RESHAP -o�,' 'sFi• O THE POINT BAR AND COMPACT WITH MOUNTAIN BROME. ��• _ MACHINERY TO PROMOTE EFFICIENT FLOW AROUND THE BEND. GENTLY SLOPE THE SEED AL Z , ' 24a DISTURBED AREA BANK; FIELD ADJUST TO FIT THE ON–SITE a:,t/_5_�t • Q LEGEND: TOPOGRAPHIC FEATURES; DO NOT REMOVE ON THE BANK 0 20 4 WITH SEED MIX CONTOURS — DENSE VEGETATION. . FSS/ONNt E TEMPORARY BOULDERS I__ GENERAL SLOPE ON THE POINT BAR (10:1). SCALE: REP WETLAND DISTURBED AREA PROJECT: CREEK BANK REPAIR/STABILIZATION EXISTING TRAIL E _� COUNTY: SITE: EEK GRAND CO NTY CREEK SHEET EXISTING BANK LAYBACK 0 CITY: TOWN OF FRASER, CO 2 OF 4 (RESHAPE) AREA DATE: NOVEMBER 5, 2012 s m g m m o V:V� FIELD IDENTIFIED AREA OF BANK BREACH s ` DASHED LINE REPRESENTS PROPOSED STREAM FACE OF NEW ANGULAR BOULDERS s 'N - �N 3 �N fL LOCATION POINT TOP OF BANK 8630.0 PROVIDE AND INSTALL 80 LF OF ANGULAR BOULDERS 2 FT TO LOCATION POINT 4 FT, BURY AND LOCK—IN TOP OF BANK 8630.5 BOULDERS AS SHOWN ON THE _ SECTION VIEW. LOCK—IN SECOND LAYER OF BOULDERS WITH THE �= TOP OF BOULDER ELEVATION SET TO THE TOP OF BANK GRADE IN ACCORDANCE WITH THE _ LOCATION POINT ELEVATIONS. _ —' — i l O_ INSTALL WILLOW CLUMPS BEHIND THE BOULDERS SPACED LOCATION POINT N g RANDOMLY TO MEET AND MATCH i / ��� sus �., APPROX. EDGE OF :1 a EXISTING AESTHETICS AND \ - � / � 5j>� _ ?Q ° BREACHED AREA. BEGIN m z O U O SUPPORT THE FILL MATERIAL. REPAIR / STABILIZATION. ix e' ---- \ \ TOP OF BANK 8630.8 m J Q \ \ \ fn Q '„ \\ \ \ \ REMOVE AND HAUL OFF w W IL m ON-SITE BOULDERS m Y (n APPROX. CL OF O zz CHANNEL FL z m 11 mo; O w w � 24639 Lu 1 ` z ~ Y \ 8629 z - \ -- 1 9 ti. r•�4. to Q _ m Z ASS/pNAIENG` O 0 10 POINT BAR AND BANK LAYBACK (RESHAPE) AREA SCALE: 1"=10' co LOCATION POINT SEE SHEET 2 OF 4 APPROX. EDGE OF ESTIMATED QUANTITIES: BREACHED AREA. END REPAIR / STABILIZATION. EXCAVATION—SOIL AND COBBLE = 50.6 CY PROJECT: CREEK BANK REPAIR/STABILIZATION TOP OF BANK 8629.5 FILL — BOULDERS = 31.7 CY PROJECT SITE: ST. LOUIS CREEK FILL — SOIL BACKFILL = 3.5 CY COUNTY: GRAND COUNTY, CO FINISH GRADING — WETLAND AREA = 3.0 CY CITY: TOWN OF FRASER, CO SHEET FINISH GRADING — TRAIL AREA = 0.5 CY DATE: NOVEMBER 5, 2012 3 OF 4 HAUL OFF = 43.6 CY