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
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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
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Manager
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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_
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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 °
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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
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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
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1 ` z ~ Y
\ 8629 z
- \ -- 1 9 ti. r•�4. to Q
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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