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Home My WebLink About760546.tiff RESOLUTION RE: DESIGNATION OF WELD COUNTY ' S LOCAL AGENT AND ASSISTANT LOCAL AGENT FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL DISASTER ASSISTANCE ADMINISTRATION. WHEREAS, the Board of County Commissioners of Weld County, Colorado, are vested with the duties of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado has been declared a disaster area by the Federal Government following the Big Thompson flood disaster of July 31, 1976, and WHEREAS, it is necessary that Weld County, Colorado, make a designation of a local agent and an assistant local agent for and on behalf of Weld County, Colorado, to carry out all of the necessary actions to obtain assistance from the United States Department of Housing and Urban Development, Federal Disaster Assistance Administration. NOW, THEREFORE, BE IT RESOLVED that Weld County Engineer G. Frank Smith is hereby designated as Local Agent for Weld County and Barton Buss is hereby designated as Assistant Local Agent for Weld County for the purpose of carrying out all necessary duties in connection with the application of Weld County, Colorado for disaster assistance from the United States Department of Housing and Urban Development, Federal Disaster Assistance Administration. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of August, A.D. , 1976. THE BOARD OF COUNTY COMMISSIONERS WELD ,CQUNTY, COLORADO � „ :,?7.i..,/, .,,,.,:7C_L•L'__.:, , 7‘..4 1• ./ `L:;(1, /:',_,,,,_,,z, - ' y ATTEST: i�^c�_ 1 �n+� I mo'': �., .J r, c. ,f- t=r_-t-4 7,.��.C, `( —� (f R W.F.LD COUNTY CLERK AND RECORDER �' �` / c _ AND a•LERK TO THE BOARD T )e/ az 1 7:?il '. ,,By:,••' (. . PI-- ,' L \- - . r \ ,L i.. ) y'...w„+; Deputy County/ Clerk x•- A(rP 9 ED AS TQ_FORM: c__ .� County Attorney 760546 ,T.jwlNT O. �t" Sn 4.0 DEPARTMEN . JF HOUSING AND URBAN DEVELOF _NT * 121U '„f r o FEDERAL DISASTER ASSISTANCE ADMINISTRATION 111 ac 11 } 25TH FLOOR, EXECUTIVE TOWER BUILDING, 1405 CURTIS STREET DENVER, COLORADO 80202 August 23, 1976 REGION VIII IN REPLY REFER TO7 To: DHUD, Region 8, Denver DOL, Region 8, Denver SBA, Region 8, Denver SBA, District Office, Denver SBA, DFO, Loveland USDA, ASCS, Denver USDA, FmHA, Denver USDA, Food & Nutrition Service, District Office, Denver IRS, District Office, Denver VA, Denver Federal Center DHEW, Region 8, Denver Subject: Colorado Flood Disaster, FDAA-517-DR This is to notify you that El Paso, Pueblo and Weld Counties have been added to the President's major disaster declaration for the State of Colorado. This action took place on August 19, 1976. Based on damage assessment figures supplied by most of the agencies indicated above, it is felt that there are presently no unmet individual assistance needs. Therefore, this office will not establish disaster assistance centers. El Paso, Pueblo and Weld Counties were included in the President's major disaster declaration principally because of damage to public facilities. If you have any questions, please contact this office. or o ald G. Eddy Regional Director bc: General Weller, SCO Logan Rappe, GAR ,/ Lee White, Governor's Office �' AGREEMENT THIS AGREEMENT, made and entered into this A'p day of September, A.D. , 1976 by and between WELD COUNTY, COLORADO, party of the first part, and MOUNTAIN AGGREGATES, INC. , party of the second part, hereinafter called Contractor. WHEREAS, Weld County, Colorado has been declared a disaster area by the Federal Government following the Big Thompson flood disaster of July 31, 1976 , and WHEREAS, it is necessary that Weld County, Colorado con- tract with a local company which can provide assistance necessary for the cleanup of debris caused by said disaster, and WHEREAS, bids were submitted and considered by Weld County, Colorado, on the 2nd day of September, 1976, and Mountain Aggregates, Inc. , submitted the lowest responsible bid for said cleanup operation, and WHEREAS, Mountain Aggregates , Inc. has the capability to perform the cleanup operations as required, and, WHEREAS, the Board of County Commissioners of Weld County, Colorado, by Resolution dated August 30, 1976 , a copy of which is attached hereto and incorporated by reference herein, said Board of County Commissioners of Weld County, Colorado, declared an emergency and appointed G. Frank Smith as Local Agent for Weld County, and Barton Buss as Assistant Local Agent for Weld County, for the purpose of carrying out all the necessary duties in connection with the disaster cleanup operation, and WHEREAS, by said Resolution, the aforesaid G. Frank Smith and Barton Buss are authorized to sign this Agreement on behalf of Weld County, Colorado. The parties to this Agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows : 1. The Contractor shall perform all cleanup operations required to be performed and shall provide and furnish all the labor, materials, necessary tools, and equipment, and other services required to perform and complete in a workmanlike manner, all the work required in connection with the cleanup of debris in accordance with the attached quotation herein adopted and incorporated by reference, and specifically made a part of this Agreement. 2. Payments are to be made to Contractor in accordance with the work performed, based upon the hourly rates stated in said quotation, the total amount of which is not to exceed $18, 000.00. 3. Work under this agreement shall commence on the date of the signing of this Agreement, and Contractor shall diligently complete all work provided by this Agreement in a reasonable period of time. 4. Contractor agrees to use discretion and care in examining the debris so as to minimize damage to bodies, either human or animal, that may be located in the debris . 5. Before burning any piles of debris, Contractor shall obtain permission from the Weld County Department of Health. 6. Before Contractor enters upon any private property, Contractor must obtain the written permission of the owner or someone else who has authority to give said permission to enter upon that particular property. A written form for the purpose of giving permission to enter upon private property, shall be supplied by Weld County, Colorado. 7. Contractor shall provide a performance bond in the total amount of $18, 000. 00 . -2- 8 . Contractor shall be liable for and shall indemnify Weld County, against any injury or loss resulting from an act or omission, or a defect in workmanship connected with the performance of this Agreement, resulting within the period during which the Agreement is performed. Contractor shall be liable for obtaining insurance to cover any of these losses . IN WITNESS WHEREOF, the parties have executed this Agree- ment at Greeley, Colorado on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD/COUNTY, COLORADO 6 .1 12a- G. Frank Smith, Local Agent Barton Buss, Assistant Local Agent MOUNTAIN AGGREGATES, INC. / Y BY , . • -3- PERFORIV CE AND THE !ETNA C. .ALTY AND SURETY COMPANY PAYMENT BOND Hartford, Connecticut 06115 LIFE&CASUALTY KNOW ALL MEN BY THESE PRESENTS, THAT, Mountain Aggregates, Inc. (hereinafter called the Principal),as Principal, and THE /ETNA CASUALTY AND SURETY COMPANY, a corporation organized and existing under the laws of the State of Connecticut with its principal office in the City of Hartford, Connecticut (hereinafter called the Surety), as Surety, are held and firmly bound unto WELD COUNTY, COLORADO (hereinafter called the Owner),and to all persons who furnish labor or material directly to the Principal for use in the prosecu- tion of the work hereinafter named, in the just and full sum of Dollars, to the payment of which sum,well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators,executors,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 3rd day of September , 19 76 , to perform cleanup operations along the Big Thompson River in Weld County, Colorado, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall fully indemnify the Owner from and against any failure on his part faithfully to perform the obligations imposed upon him under the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his own name and for his own benefit, subject, however, to the Owner's priority, then this obligation to be void, otherwise to remain in lull force and effect. PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within two years atter completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any main- enance period provided in the contract for which said Surety is liable, an action for maintenance may be brought within two years from the expiration of the maintenance period, but not afterwards. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of September , 19 76 . MOUNTAIN AGGREG ES, INC. (SEAL) By ( ' i'" -s1 / r rt.- (SEAL) President By � Ca� /�// (SEAL) Secretary THE /ETNA CASUALTY AND SURETY COMPANY By '�it Attorney-i n-Fac t ,i5-1713-EI 1 68 PRINTED IN L.S.A. THE ETNA CASUALTY AND SURETY COMPANY !artford, Connecticut 06115 LIFE&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE /ETNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint Barney Flood, B. D. Peterson, William C. Bensler or Karen Stone - - of Greeley, Colorado , its true and lawful Attorneys-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument(s): by his sole signature end act, any and all bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or con- ditional undertaking, and any and all consents incident thereto not exceeding the sum of TWO HUNDRED FIFTY THOUSAND ($250,000.00) DOLLARS - and to bind THE /ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE /ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys-in-Fact,pursuant to the authority herein given, are hereby ratified and con- firmed This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED- That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, a Vice President. an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary: or (b)duly executed (under seal, if required) by one or more Attorneys-in-Fact pur- suant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE /ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac- simile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE /ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Secretary , and its corporate seal to be hereto affixed this 23rd day of April • 19 75 THE /ETNA CASUALTY AND SUR Y COMPANY xHARTFORD.mrva. = By /69 State of Connecticut Secretary ss. Hartford County of Hartford On this 23rd day of April , 19 75 , before me personally came C. Q. SWAR.TS to me known, who, being by me duly sworn, did depose and say: that he is Secretary of THE AETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration; that the seal affixed to the said instrument is such corporate seal:and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof. i 40 T44,4 S 4Q10° * My commission ex s ch 31, 1980 Notary Public CERTIFICATE I, the undersigned, Assistant Secretary of THE /ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 3rd day of September , is76. oAR,Fr,Trvr°°m8_ C)4. Q By Assistant Secretary .1S-1922.0) (MI 12.72 PRINTED IN U.S.A cam r,4 LIFE&CASUALTY 18.1 The /Etna Casualty and Surety Company ❑ The Standard Fire Insurance Company Hartford, Connecticut To WELD COUNTY, Date Sept. 3 , 1976 COLORADO Gentlemen:This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by ©, as follows: Name of Insured Mountain Aggregates , Inc. P. O. Box 10 , Platteville, Colorado Covering Cleanup project in Big Thompson Canyon KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION Each Person Each Occurrence Aggregate Workmen's Compensation Manufacturers' & Contractors' Bodily Injury Liability $ app Property Damage Liability '', $ ,000 $ ,000 Owners' or Contractors' Protective Bodily Injury Liability $ 000 Property Damage Liability $ 000 $ ,000 Comprehensive Automobile Bodily Injury Liability $ 250 , ,000 $ 500 ,000 Property Damage Liability $ 250 .000 19AL802397 4-1-76 4-1-77 Comprehensive General Bodily Injury Liability " $ 500 ,000 $ 500 ,000 Property Damage Liability ' ' $ 250 .000 _ $ 250 ,000 19AL802397 4-1-76 4-1-77 Bodily Injury Liability $ ,000 $ ,000 $ ,000 Property Damage Liability $ ,000 $ 000 In event of cancellation, FLOOD (Sc PETERSON, INC . written notice will be given to the party to whom this certificate is addressed. By ,J Gnio Authorized Representative (CC-5194) 1-73 CAT 273562 PRINTED IN U.S.A. E, k CERTIFICATE OF INSURANCE This is to certify that the policies listed in this Certificate have been issued to the Named Insured by the Company designated 1 below. This Certificate does not amend, extend or otherwise alter the terms, conditions or exclusions of such policies. If'*) Issued To (Name and Address) f` k x WELD COUNTY, *:: COLORADO k- :.:I �� Named Insured and Address: I :� Mountain Aggregates , Inc. t ,I I. P. O. Box 10, Platteville, Colorado t-: Etii E " Policy Number Policy Term Type of Insurance Limits of Liability : Bodily Injury Property Barrage ! 2143950-01791 4 5-1-76/77 Workmen's Compensation Statutory 'i., $ ,000 Each Person :: Employers' Liability $ ,000 Each Accident b�,' $ ,000 Medical-Each Person I Comprehensive Automobile $ - .000 Each Person . I. Liability $ ,000 Each Occurrence $ 000 Comprehensive General $ ,000 Each Occurrence $ 000 _ Liability Aggregate Operations $ ,000 Aggregate Protective $ ,0001 Including Blanket Contractual Liability Aggregate Completed I' ' [: $ ,000 Operations and Products $ ,000 ::. Manufacturers' and $ ,000 Each Occurrence $ ,000 ',I ,,r.t Contractors' Liability Aggregate $ ,000 Owners', Landlords' and $ ,000 Each Occurrence $ _ 000 •l Tenants' Liability Aggregate $ 000 _$, Completed Operations and $ ,000 Each Occurrence $ ,000 :�I q; Products Liablbty $ ,000 Aggregate $ ,000 fffoli Contractual Liability $ .000 Each Occurrence $ ._ 000 ll,. Aggregate $ ,000 - 0. Comprehensive Excess $ ,000 Each Occurrence combined Personal — InNry and sdreer Indemnity $ ,000 Aggregate Property Damage Y -' Description and location of operations and automobiles covered: I..,;, Ir {1i r1 .: "I Cleanup project in Big Thompson Canyon I ittiii it The Company designated below will make every effort to notify the holder of this Certificate of any material change in or cancellation of these policies, r but assumes no responsibility for failure to do so. 'TA I t UNITED STATES FIDELITY AND GUARANTY COMPANY TI ❑ FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. L I _di�� Date Sept . 3 , 1976 By �aci / FL OD & PETERSON , INC. ;i Gen. 349 r1-73) Weld County Health Department BOARD OF HEALTH CATHERINE BENSON. AVLT FRANKLIN D. YODER, MD, MPH 1516 HOSPITAL ROAD RALPH AA B, GREELEY DIRECTOR GREELEY, COLORADO 80631 WILLIAM SLICK, ROG GEN (303) 353-0540 CLARENCE SITZMAN, GREELEY DAVID WERKING. DOS, GREELEY TO: ',Honorable Glenn Billings , Chr. DATE: August 11 , 1976 Honorable Norman Carlson Honorable Victor Jacobucci Honorable Roy Moser Honorable June Steinmark FROM: Franklin D. Yoder, M.D. ?� SUBJECT: Public health hazards on Big Thompson River in Western Weld County subsequent to severe weather 31 July 1976 After inspection of the above areas by members of our Environmental Health staff, we are concerned about numerous piles of debris which are producing odor problems and represent potential health hazards for rodent harborage and general health. It is our urgent recommendation that these portions of Weld County be included in the Presidentally declared disaster area in Colorado. Subsequent to that, steps need to be taken as soon as possible to remove and properly dispose of these piles. We are also concerned about several hundred acres of flood water in the Big Thompson drainage area which may cause massive new mosquito population. This may require aerial spraying in the very near future. Mr. Glen Paul , Director of Environmental Health and I will be glad to answer further questions which may arise. FDY/hv cc: Dr. Anthony Robbins, Executive Director-Colorado Department of Health Mr. Robert Siek, Assistant Director, Env. Health Programs-Colo Dept of Health Mr. Glen Paul Hello