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HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2015-08-13 Thursday, August 13, 2015 Public Safety, Utilities 8:00 a.m. & Public Works Committee Town Board Room 1. PUBLIC COMMENT 2. PUBLIC SAFETY a) RECOMMENDATIONS TO THE TOWN BOARD i. None. b) REPORTS i. Verbal Updates and Committee Questions. 3. UTILITIES a) RECOMMENDATIONS TO THE TOWN BOARD i. Seasonal Decorations Contract. Supt. Lockhart ii. L&P 2005 International Bucket Truck Replacement. Supt. Lockhart iii. L&P 2001 Ford 3500 Duty Truck Replacement. Supt. Lockhart iv. L&P Breakroom Remodel Contract. Supt. Lockhart b) REPORTS i. Status of Capital Projects. Dir. Bergsten ii. Utilities Department Staffing. Dir. Bergsten iii. Verbal Updates and Committee Questions.  Smart Meter Program. Supt. Lockhart 4. PUBLIC WORKS a) RECOMMENDATIONS TO THE TOWN BOARD i. None. b) REPORTS i. Verbal Updates and Committee Questions. 5. ADJOURN AGENDA Light & Power Department Memo To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Joe Lockhart, Light & Power Superintendent Date: August 13, 2015 RE: Seasonal Decorations Contract Objective: To obtain approval to award the 2015 – 2018 Seasonal Display Installation, Maintenance and Removal Contract to Adam’s Tree Service. Present Situation: This past year the Town of Estes Park has tried to improve the way that downtown looks during the holidays. We have upgraded to LED lights and also have changed the colors to try to make it more appealing. We recently went out to bid for a contract from fall of 2015 thru spring of 2018. In the Request for Proposal (RFP) we spelled out the design to the contractors in great detail and we are expecting the downtown area to look even better this season. The new design has doubled the lights and is more detailed as to where we want to add color. Light & Power has had great feedback from the public on last season’s design and we are hoping to get the same response this year. Quotes were received from three vendors as follows: Adam’s Tree Service, P.O. Box 4420, Estes Park, Colorado 80517 Winter 2015/2016 = $108,000 Winter 2016/2017 = $109,500 Winter 2017/2018 = $111,250 Atkins Landscape Inc., P.O. Box 3602, Estes Park, Colorado 80517 Winter 2015/2016 = $94,320.00 Winter 2016/2017 = No response Winter 2017/2018 = No response Brite Nites, 6100 South Stratler Street Murray, Utah 84107 Winter 2015/2016 = $105,442.95 Winter 2016/2017 = No response Winter 2017/2018 = No response Proposal: We propose to accept the complete bid from Adam’s Tree Service. Their bid was the only one of the three that gave us a complete response to our RFP. Adam’s Tree Service assisted the L&P crew with the installation and maintenance of last season’s decorations and the new design so the Town is already familiar with their work on this project. The service work we receive from Adam’s Tree Service has always been exceptional and of very high quality. Advantages: • The cost effectiveness of using a contractor to do the work is better than having it done by our Light & Power crew. Disadvantages: None. Action Recommended: Staff recommends approval of acceptance of the bid from Adam’s Tree Service and execution of the proposed contract which is attached hereto. Budget: 502-6501-560.26-15, Exhibit/Display, budgeted $85,000.00. Note: Certain percentages of the contract dollars are paid out in segments: after installation, during maintenance, and after removal. This will cover the dollars we will need to pay out in 2015 for this season’s installation. Level of Public Interest High – this is a well-received program by our residents and guests. Recommended Motion: I recommend acceptance of the bid from Adam’s Tree Service and the execution of the contract therefor to the Town Board, to be included on the Consent Agenda at the August 25, 2015, Town Board meeting. Attachment: Proposed Agreement for Professional Services 1 of 9 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered into this day of , by and between the Town of Estes Park, Country of Larimer, State of Colorado (the “Town”) and Adam’s Tree Service, an independent contractor (“Contractor”). WHEREAS, the Town requires professional contracting services related to the SEASONAL DISPLAY INSTALLATION, MAINTENANCE AND REMOVAL; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required Contracting services; NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of its duties, obligations, and responsibilities (the “Work”) which are described or reasonably implied in Seasonal Display Installation, Maintenance and Removal – “Fall 2015 to Spring 2018” PROJECT SPECIFICATIONS which is provided as Exhibit A, attached hereto and incorporated herein by this reference. B. No material change to the PROJECT SPECIFICATIONS, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Contractor proceeds without such written authorization, then Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. REPORTS, DATA AND WORK PRODUCT A. The Town shall provide Contractor with reports and such other data as may be available to the Town and reasonably required by Contractor to perform the Scope of Services. All documents provided by the Town to Contractor shall be returned to the Town. Contractor is authorized by the Town to retain copies of such data and materials at Contractor's expense. 2 of 9 B. Other than sharing information with designated third parties as previously directed by the Town, no project information shall be disclosed by Contractor to third parties without prior written consent of the Town or pursuant to a lawful court order directing such disclosure. C. The Town acknowledges that the documents created by Contractor for the Project, including but not limited to drawings, designs, specifications, reports, and incidental work or materials (the “Work Product”), are instruments of professional service. Nevertheless, copies of the Work Product shall be provided to the Town and other contractors and subcontractors shall be authorized to use and reproduce applicable portions of the Work Product that are appropriate to use in the execution of their work related to the Project. The Work Product shall become the property of the Town upon completion of the Work. Contractor, however, shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property and all rights to any intellectual property developed, utilized, or modified in the performance of the Work. D. Contractor shall provide to the Town electronic versions of the Work Product in the format directed by the Town. III. COMPENSATION AND FINAL SETTLEMENT A. In consideration for the completion of the Work by Contractor, the Town shall pay Contractor $ 108,000.00 for the 2015/2016 season and contingent on appropriations and performance for each of the remaining year, $ 109,500.00 for the 2016/2017 season and $ 111,250.00 for the 2017/2018 season. The amounts specified herein shall include the fees and expenses anticipated to be incurred by Contractor in performing all services hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and expenses anticipated to be incurred by others in performing the work described in Exhibit A. B. If, on the basis of the Town’s observation of the Work and the Town's review of the final invoice and accompanying documentation as required by this Agreement, the Town is satisfied that the Work has been completed and Contractor other obligations under this Agreement have been fulfilled, the Town will, within ten days after receipt of the final invoice, schedule a date for final settlement, which final settlement shall be duly advertised at least ten (10) days prior thereto by publication of notice thereof at least twice in a public newspaper of general circulation published in Larimer County. Otherwise, the Town will return the invoice to Contractor, indicating in writing the reasons for refusing to schedule final settlement, in which case Contractor shall make the necessary corrections and resubmit the invoice. C. If the Town receives, at any time up to and including the date of final settlement, a notarized statement by any person, partnership, or corporation, or other entity that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Contractor or any of its subcontractors in or about the performance of the Work, or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the Work, whose claim therefore has not been paid by Contractor or any of its subcontractors, the Town shall withhold from 3 of 9 all payments to Contractor sufficient funds to insure the payment of said claims until the same have been paid or such claims as filed have been withdrawn, such payment or withdrawal to be evidenced by filing with the Town a receipt in full or an order for withdrawal in writing and signed by the person filing such claim or his duly authorized agent or assign. Such funds shall not be withheld longer than 90 days following the date of final settlement as published unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filed with the Town. D. Whenever a notarized statement of a claim has been filed in accordance with this Section, Contractor may substitute a bond, pursuant to C.R.S. § 38-26-108, at which time the Town shall release the funds being withheld pursuant to the notarized statement of claim on the same terms and conditions as if the notarized statement of claim had been released by the claimant. E. Contractor understands that this is a contract for the design, construction or repair of a public building or public work, and is therefore governed by C.R.S. §§ 38- 26-105 through 107. Contractor further understands that these statutory provisions are in lieu of any lien rights. Contractor further understands that failure on the part of Contractor, any subcontractor or any other entity furnishing labor or supplies to the Work must follow the said statutory provisions in filing any claim for payment, and that failure on the part of any such claimant to comply with said statutory requirements shall relieve the Town from any liability for making payment to such claimant. Contractor agrees to include this provision in any and all subcontracts. IV. COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work as set forth in the PROJECT SPECIFICATIONS or that portion of such work as is specified in said Notice. Except as may be changed in writing by the Town, the PROJECT SPECIFICATIONS shall be complete and Contractor shall furnish the Town the specified deliverables as provided in Exhibit A. V. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to perform the Work, holds all professional licenses required by law to perform the Work, and has all requisite corporate authority to enter into this Agreement. B. The Work shall be performed by Contractor in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Work shall be done in compliance with applicable federal, state and local laws, ordinances, rules and regulations. C. Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Contractor under this Agreement. Contractor shall, without additional compensation, correct or resolve any 4 of 9 errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for construction costs caused by errors and omissions which fall below the standard of professional practice. D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Contractor of responsibility for technical adequacy of the work. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Work shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. E. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the PROJECT SPECIFICATIONS. Upon execution of this Agreement, Contractor shall furnish to the Town a list of proposed subcontractors, and Contractor shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Contractor and subcontractors shall conform to this Agreement including, but not limited to, Section XI, L. VI. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law. B. 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 the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000) disease – policy limit, and five hundred thousand dollars ($500,000) disease – each employee. Evidence of qualified self-insured status may be substituted for the worker's compensation requirements of this paragraph. 2. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) general aggregate. 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 5 of 9 contain a severability of interests provision. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. C. Any insurance carried by the Town, its officers, its employees, or its Contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. D. Contractor shall provide to the Town a certificate of insurance, completed by Contractor's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto. E. Failure on the part of Contractor to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town 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 monies so paid by the Town shall be repaid by Contractor to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Contractor from the Town. VII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representatives, agents, employees and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney's 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, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement or the Work if such injury, loss, or damage is caused in whole or in part by, the negligent act, omission, error, professional error, mistake, negligence, or other negligent fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor, or which arise out of any workmen's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. In any and all claims against Town or any of its officers, insurers, volunteers, representatives, agents, employees or assigns, by any employee of Contractor, any subcontractor of Contractor, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the indemnification obligation under this Section VII shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under worker’s compensation actions, disability benefit acts or other employee benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any provision of this Agreement or to recover any damages the Town may incur as a result of the breach of this Agreement, including, but not limited to, defective work, and the Town prevails in such litigation, Contractor shall pay the Town its 6 of 9 reasonable attorneys’ fees as determined by the court. VIII. TERMINATION This Agreement shall terminate at such time as the Work is completed and the requirements of this Agreement are satisfied, or upon the Town's providing Contractor with seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by the Town's issuance of written notice of intent to terminate, the Town shall pay Contractor the reasonable value of all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Work, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Contractor. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town’s obligations under this Agreement are subject to annual appropriation by the Town Board of the Town. Any failure of the Town Board annually to appropriate adequate monies to finance the Town’s obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to Contractor of any failure to appropriate such adequate monies. IX. CONFLICT OF INTEREST The Contractor shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Agreement. X. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. XI. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Larimer County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. 7 of 9 C. Integration. This agreement and any attached exhibits constitute the entire Agreement between Contractor and the Town, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows: The Town: Town of Estes Park, Light & Power Department PO Box 1200 Estes Park, CO 80517 Contractor: Adam’s Tree Service PO Box 4420 Estes Park, CO 80517 F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Binding Effect. The Town and Contractor each bind itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither the Town nor Contractor shall assign or transfer its interest in this Agreement without the written consent of the other. 8 of 9 L. Work By Illegal Aliens Prohibited. a. Contractor hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that Contractor has participated or attempted to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-101(1) (“Program”) in order to verify that it does not employ illegal aliens. b. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. c. Contractor hereby certifies that it has verified or attempted to verify through participation in the Program that Contractor does not employ any illegal aliens and, if Contractor is not accepted into the Program prior to entering into this Agreement, that Contractor shall apply to participate in the Program every three (3) months until Contractor is accepted or this Agreement has been completed, whichever is earlier. d. Contractor is prohibited from using Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall be required to: (i) notify the subcontractor and District within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph 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 (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (“Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Article 17.5. 9 of 9 g. If Contractor violates this paragraph, District may terminate this Agreement for breach of contract. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the District. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. OWNER: CONTRACTOR TOWN OF ESTES PARK, COLORADO By: Mayor By: Title: Address: ATTEST: ATTEST: By: Town Clerk By: (SEAL) (SEAL) P a g e | 1 Town of Estes Park Seasonal Decorations – Project Specifications – Exhibit A to Agreement for Professional Services Town of Estes Park Seasonal Decorations PROJECT SPECIFICATIONS Exhibit A Listed are conditions essential to the successful completion of the project. 1 GENERAL: 1.1 The Town seeks a qualified contractor to partner with on the annual installation, maintenance and removal of the seasonal exhibits, lights and decorations. Contingent on performance, this is a three-year contract. 2 PROPOSAL DATE AND TIME: 2.1 Submit sealed bids by Friday, June 5, 2015, at 3:00 P.M. to Kayla Downey or Joe Lockhart by hand delivery, U.S. mail or overnight shipping. Faxed or emailed bids will not be accepted. 3 PROJECT ADMINISTRATOR: Kayla Downey, Administrative Assistant Joe Lockhart, Superintendent Light & Power Department 170 MacGregor, Suite 100 P. O. Box 1200 Estes Park, CO 80517 Phone: (970) 577-3627 WALK-THRU ON WEDNESDAY, MAY 20, 2015, AT 10:00 A.M. Meet at the Light & Power Shop, in Joe Lockhart’s office, located at 615 Elm Road, Estes Park, CO, 80517. 4 PROJECT LOCATION: 4.1 Generally the downtown area of Estes Park and extending outward East on Highway 34 and 36, South on Highway 7, and West on Highway 34 and 36 approximately two (2) miles. 5 APPROXIMATE QUANTITIES: 5.1 String and maintain twinkle lights in trees throughout all of the downtown area, Confluence Park, Sheep Island & Legion Islands, wrapping railings of bridges at entryways to parks, hanging twinkle lights on shelter at Bond Park, and wrapping all decorative light poles throughout downtown with blue twinkle lights. 5.1.1 String and maintain twinkle lights in approximately seventy-five (75) street trees in the downtown corridor area including their trunks, wrapping 7-9 feet up from the crotch of the tree and stringing canopies. 5.1.2 String and maintain lights in approximately twelve (12) large trees and approximately twenty (20) small trees in Confluence Park. Wrap the railings of two bridges entering the park with twinkle lights. P a g e | 2 Town of Estes Park Seasonal Decorations – Project Specifications – Exhibit A to Agreement for Professional Services 5.1.3 String and maintain lights at Dairy Queen playground: approximately six (6) cottonwood trees, approximately six (6) small trees, and the cluster of six (6) aspens at the entrance of the parking lot along Elkhorn. 5.1.4 String and maintain lights at Bond Park: approximately five (5) blue spruce trees, three (3) 3- foot spruce trees, cluster of four (4) cottonwood trees, and stringing lights around the peak of the shelter building at Bond Park. 5.1.5 String and maintain lights at Tregent Park: one (1) spruce tree, approximately three (3) cottonwoods, approximately four (4) aspens, one (1) birch, and (1) ash tree. 5.1.6 String and maintain lights at Sheep Island: approximately five (5) spruce trees, eight (8) aspen trees, one (1) birch tree, and laying mesh netting light on approximately seven (7) juniper bushes. 5.1.7 String and maintain lights at both large and small Legion Islands: approximately four (4) large evergreen trees and two (2) aspens on the small island; approximately seven (7) large evergreen trees and one (1) aspen on the large island. 5.2 Hang and maintain approximately one hundred thirty (130) rigid rebar trees along Highways 34 and 36 and 7 on the street light poles. 5.3 Erect displays, layout power cords for flood lights and cover with evergreen boughs for each display located more specifically at: 5.3.1 The Card Shop - in front of Municipal Building with four small trees 5.3.2 Christmas in Bugville - in front of the Library with four small trees 5.3.3 The Lady in the Shoe – at the intersection of Stanley Avenue and Hwy. 7 5.3.4 Santa Claus and Reindeer – on top of the Knoll 5.4 Erect the two "Seasons Greetings" displays, one each on Highways 34 and 36. 5.5 String twinkle lights up approximately two hundred (200) Town Commons light poles throughout downtown and the Riverwalk area. 6 CONTRACTOR’S RESPONSIBILITIES: 6.1 The contractor shall provide all labor and equipment to pick up materials from storage, verify operation and repair as required all displays, rebar trees, twinkle lights, ancillary hardware and lighting. The contractor shall identify and report nonfunctional power outlets. The contractor shall install and maintain the previously described rebar trees, twinkle lights and displays. Lighting, power cords and hardware are specific for each display. All power cords must be well groomed and kept in a manner to avoid being hazardous to pedestrians. 6.2 The contractor is required to own or rent a bucket/lift truck. No agreement will be made with a contractor that does not have or rent a functional bucket/lift truck. The contractor shall provide all traffic control to State standards and abide by all rules and regulations as stated in the MUTCD Manual. 6.3 At the end of the season, all of the lights, exhibits and decorations shall be returned to storage in an organized and coordinated manner. The contractor is responsible for carefully re-reeling all lights from the trees back onto the reels, which were provided by Light & Power. Reels of lights must be stored properly for reuse the following season and should be plugged in before being stored to verify all lights are still working correctly. Since the lighting, power cords and hardware are specific to each display and decoration, they shall be stored in an orderly P a g e | 3 Town of Estes Park Seasonal Decorations – Project Specifications – Exhibit A to Agreement for Professional Services manner which allows them to be kept together. 7 PROJECT SCHEDULE: 7.1 Start Date: not on or before October 1, but immediately after. 7.1.1 Deadline for Completion of Installation: the Saturday before Thanksgiving Day. 7.2 Removal Dates: 7.2.1 For displays and rebar trees, by January 15, 2016. 7.2.2 For twinkle lights, by February 25, 2016. Lights are to stay lit and maintained until February 14, 2016. 8 REPAIR OF BROKEN OR DAMAGE MATERIALS: 8.1 From storage until removal at the end of the season, the contractor is responsible for all repairs and expense of repairs to any broken or damaged displays, rebar trees, twinkle lights, ancillary hardware and decorated landscape trees of any kind whether be it by wind or contractor error. All items must be returned to the storage facility at the end of the project in as good, if not better, condition than when taken from storage. 9 TOWN'S OBLIGATION: 9.1 The Town will supply all bulbs, string lights, extension cords, boughs and small trees. We will also be responsible for the operation and maintenance of the stars and required repairs to electrical outlets. 10 MAINTENANCE AND REPAIR: 10.1 The contractor will check all displays, rebar trees, twinkle lights and ancillary hardware and make repairs as necessary including changing all burned out lights of any kind once per week or as safety hazards are identified by the project administrator. 11 CONTRACT AWARD: 11.1 One contract will be awarded. The management and payment of sub-contractors and employees is the duty of the general contractor. 12 PROPOSAL TYPE: 12.1 Lump sum (not to exceed). The quantity of actual trees decorated and hung may deviate from the estimate. Please provide a price per tree decorated and rebar tree hung. A final count will be made in the end and the lump sum bid will be adjusted either up or down depending on the final quantity. 13 UNFORSEEN DIFFICULTIES: 13.1 Any difficulty not addressed by the specifications will be covered by the Town's General Conditions for similar projects. A copy of these conditions is on file at the Municipal Building. P a g e | 4 Town of Estes Park Seasonal Decorations – Project Specifications – Exhibit A to Agreement for Professional Services 14 INSURANCE AND WORKMEN'S COMPENSATION: Prior to issuing a notice to proceed, the contractor will provide the Town with proof of Workmen's Compensation and insurance to the following limits: 14.1 Statutory Workmen's Compensation 14.2 Contractor's Public Liability and Property Damage: 14.2.1 Bodily Injury: 14.2.2 Property Damage: Each Person $250,000 Each Accident $600,000 Each Accident $250,000 All Accidents $600,000 14.3 Automobile Public Liability and Property Damage: 14.3.1 Bodily Injury: 14.4 Property Damage: Each Person $250,000 Each Accident $600,000 Each Accident $250,000 15 ACCEPTANCE OR REJECTION OF PROPOSALS: 15.1 The Town reserves the right to accept or reject any or all proposals. 16 PAYMENT: 16.1 Startup costs of 20% will be paid at the beginning of the project. Contractor must submit an invoice no later than September 14th for the startup costs. The payment will be available after October 1st when the project begins. 16.2 After completion of installation, the contractor may invoice for no more than 40% of the lump sum. 16.3 Upon removal of the rebar trees and displays, the contractor may invoice for no more than 20% of the lump sum. 16.4 Upon removal of the twinkle lights, the contractor may invoice for 20% of the lump sum of the project. The Town will pay all but remaining 5% of the lump sum which will be kept as retainage and paid only after no claims are received three (3) weeks after the last publish date of the “Notice of Final Payment”. 16.5 Any work accomplished that is not described by these specifications will be negotiated and compensated separately. A written proposal of additional work must be submitted by the contractor and approved by the Town before said additional work can proceed. P a g e | 5 Town of Estes Park Seasonal Decorations – Project Specifications – Exhibit A to Agreement for Professional Services 17 ILLEGAL ALIENS – PUBLIC CONTRACTS FOR SERVICES: 17.1 The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-101, et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101, et seq., the Town may terminate this contract for breach of contract, and the Contractor shall be liable for actual and consequential damages to the Town. 17.2 If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall: (a) notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to sub- paragraph (a) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 1 | P a g e Town of Estes Park Seasonal Decorations Contract ∙Sample Exhibit∙ ∙Downtown Corridor ∙Confluence Park ∙Legion Island ∙Sheep Island Light & Power Department Memo To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Joe Lockhart, Light & Power Superintendent Date: August 13, 2015 RE: L&P 2005 International Bucket Truck Replacement Objective: Obtain approval for the purchase of a bucket truck to replace Truck 25. Present Situation: The 2015 Vehicle Replacement budget includes $280,800 (page 157) for the replacement of the 2005 International 7400, 4x4, Light & Power bucket truck, known as Truck 25. This truck is 10 years old and has 39,645 miles and 1763 hours on the PTO. It is within the replacement parameters of the time and operation cost (Replacement Type seven (7) years). Quotes were received from two vendors as shown below and are as follows: Altec Industries, 1550 Aerial Avenue, Creedmoor, NC 27522 Base Price for Dodge 5500 bucket truck - $157,809.00 Tools - $27,349.64 Terex Utilities Inc., 200 Edenway Drive, White House, TN 37188 Base Price for Dodge 5500 bucket truck - $163,722.00 Tools – quote still pending Note: Terex provides only two outriggers and we require four outriggers for better stability and safety especially in this area’s uneven terrain. Light & Power looked at two other companies, Hi-Ranger and Versalift, but neither one of these vendors could meet our needs. Proposal: We propose to accept the low bid for the Dodge 5500 bucket truck from Altec Industries. Advantages: The new truck will improve reliability of the equipment and the work efficiency of our line crew. Also, we have decided to purchase a smaller truck than in the past. This smaller truck will be easier to maneuver on backroads and during inclement weather. Disadvantages: None. Action Recommended: Staff recommends approval of the purchase of the Dodge 5500 bucket truck from Altec Industries for the base price of $157,809.00 plus $27,349.64 for tools. Budget: 635-7000-435.34-42, Vehicle Replacement Fund, $280,800.00. Level of Public Interest Low as not many of our customers follow the types of trucks L&P uses for power line construction and repair. Recommended Motion: I recommend acceptance of the bid from Altec Industries to purchase the Dodge 5500 bucket truck to the Town Board, to be included on the Consent Agenda at the August 25, 2015, Town Board meeting. Light & Power Department Memo To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Joe Lockhart, Light & Power Superintendent Date: August 13, 2015 RE: L&P 2001 Ford 3500 Duty Truck Replacement Objective: Obtain approval for the purchase of a duty truck to replace Truck 24. Present Situation: The 2015 Vehicle Replacement budget includes $89,822.00 (page 157) for the replacement of the 2001 Ford 3500, F-250 4x4 Light & Power duty truck, known as Truck 24. This truck is 14 years old and has 34K miles and 3600 hours on the PTO. It is within the replacement parameters of the time and operation cost (Replacement Type 14 years or 50K miles). This will be for the truck only, not the bed. We are still waiting for design and quotes for the bed. Quotes were received from two vendors as shown below and are as follows: Fort Collins Dodge, 3835 S. College Avenue, Fort Collins, Colorado 80525 Base Price for Dodge Ram 3500 (truck only) - $46,993.00 Johnson Auto Plaza Inc., 12410 East 136th Avenue, Brighton, CO 80601-7300 Base Price for Dodge Diesel (truck only) - $46,839.00 Two other vendors would not or could not quote for the reasons stated below: Markley Motors, Inc., 3825 S. College Avenue, Fort Collins Colorado 80525 Base Price for GMC 5500 Sierra - $ N/A GMC no longer makes a 5500. Spradley Barr, 2601 S. College Avenue, Fort Collins, Colorado 80525 Base Price for Ford F350 - $ N/A Ford was over a year out. Proposal: We propose to accept the low bid for the Dodge Diesel from Johnson Auto Plaza, Inc. Advantages: The new truck will improve reliability of the equipment and the work efficiency of our line crew. Disadvantages: None. Action Recommended: Staff recommends approval of the purchase of the Dodge Diesel from Johnson Auto Plaza, Inc., (truck only) for the base price of $46,839.00. Budget: 635-7000-435.34-42, Vehicle Replacement Fund, $89,822.00. Level of Public Interest Low, as not many of our customers follow the types of trucks L&P uses for power line construction and repair. Recommended Motion: I recommend acceptance of the bid from Johnson Auto Plaza, Inc., to purchase the Dodge Diesel (truck only) to the Town Board, to be included on the Consent Agenda at the August 25, 2015, Town Board meeting. Light & Power Department Memo To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Joe Lockhart, Light & Power Superintendent Date: August 13, 2015 RE: L&P Breakroom Remodel Contract Objective: To obtain approval to move forward with the breakroom remodel and to award the construction bid to B&E Builders, Inc. Present Situation: Light & Power has outgrown the breakroom in the L&P shop at 615 Elm Road. Proposal: We propose to accept the low bid from B&E Builders, Inc., for this remodel. Quotes were received from three local builders as follows: B&E Builders, Inc., P.O. Box 2081, Estes Park, CO 80517 Price: $159,524.55 Kinley Built, 600 South Saint Vrain Avenue, Suite 4, Estes Park, CO 80517 Price: $190,500.00 Darling Enterprise, Inc., 3409 Eaglecliff Circle Drive, Estes Park, CO 80517 Price: $205,409.00 Advantages: • This remodel will give the line crew staff a place to sit and fill out paperwork and perform computer work. • It will also create a larger room to allow for lockers for storage of cold weather clothing and tools. Disadvantages: None. Action Recommended: Staff recommends approval of accepting the bid from B&E Builders, Inc. Budget: 502-7001-580.32-22, Building Remodeling, $226,615.00. Level of Public Interest Low. Recommended Motion: I recommend acceptance of the bid from B&E Builders, Inc., to the Town Board, to be included on the Consent Agenda at the August 25, 2015, Town Board meeting. Utilities Department Report To: Public Safety, Utilities & Public Works Committee Town Administrator Lancaster From: Reuben Bergsten, Utilities Director Date: August 13, 2015 RE: Status of Capital Projects Objective: To inform the PUP Committee of capital project progress. Present Situation: In addition to flood recovery projects, the Utilities Department has a number of other capital projects in progress or planned for this year which are listed below: 2015 Capital Projects Planning % Complete Construction/ Implementation % Complete Water Department 1. BOR Area Water Main Replacement 95% 0% 2. UTSD Lift Station New Water Main 100% 0% 3. Replacement and updating Water Plant SCADA Equipment & Programming 100% 50% 4. Water Laboratory Construction 100% 70% 5. Plant Analyzers 100% 55% 6. Glacier Plant Filter Wall Modifications (Engineering) 0% Pending Design 7. Distribution System Leak Survey 100% 5% 8. Chlorine Storage Relocation 100% 100% 9. State Sanitary Survey Priority Work, Chlorine Room Safety (120-Day Window) 10% 0% L& P Department 10. L&P SCADA Replacement and Programming 100% 85% 11. L&P Shop Remodel 100% 0% 12. Advanced Meter Infrastructure Pilot Project 100% 100% 13. 800MHz Radio Repeater for Allenspark 100% 100% 14. LED Street Lights 100% 80% The Water main capital projects are on hold until the Fish Creek flood recovery work is completed this fall. An unexpected project (# 9) was the result of this year’s State Sanitary Survey. We’ve been given 120 days to complete a safety-related modification to our chlorine room at Glacier Water Treatment Plant. Chlorine is dispensed from this room into the water treatment system. Utilities Department Report To: Public Safety, Utilities & Public Works Committee Town Administrator Lancaster From: Reuben Bergsten, Utilities Director Date: August 13, 2015 RE: Utilities Department Staffing Objective: To inform the PUP Committee of our 2016 budget proposal to include three new staff for Light and Power field operations and two new staff for Water field operations and one addition in 2017; all of which were included in the 2015-2018 Financial Plan. Present Situation: Over the past few years the Utilities Department has benefited from streamlining our work processes with automation tools. Customer work orders and maintenance activities are efficiently organized alongside more complicated projects and capital projects. However, we have a growing backlog of work. Years of keeping staff levels lean while becoming more productive have brought us to a tipping point. Our current staffing level could be likened to the Town operating without cash reserves. Disruption in staff members’ personal lives can reduce their ability to work overtime or even require them to be away from work for extended periods of time. Their absence leads to work flow interruption and, in some cases, stops progress of large projects. This year has proven to be particularly tough. Proposal: Our focus for L&P and Water is improving our quality and reliability by replacing or improving our infrastructure. For Light and Power an equipment operator and groundworker will be proposed along with a Crew Chief who will assist the Light and Power Superintendent. For Water, distribution system/plant operators are being proposed with an additional lab technician proposed for 2017. These additional staff positions will allow us to efficiently execute work and absorb staff members’ planned and unplanned time off work. Administrative work grows along with the field workload. The Utilities Department has successfully outsourced the bulk of our technical workload with consulting engineers through multi-year “on-call” agreements. Project management is currently supported with a full time employee funded through a flood recovery grant. We will propose to retain the project manager after the grant work is finished.