HomeMy WebLinkAbout910249.tiff \A/(4' L4-1
Telefax Numbere:
Main Building/Denver
F (303) 322-9076
a , Ptarmigan Place/Denver
s 4210 East 11th Avenue (303) 320-1529 ROY ROMER
Denver,Colorado 80220.3716 Governor
Phone(303) 320-8333 First National Bank Building/Denver
(303) 3556559
tt Grand Junction Office JOEL KOHN
COLORADO Pueblo
o Office
8
Interim Executive Director
Pueblo Office
DEPARTMENT (719) 543-8441
OFAHEALTH
August 15, 1991
CD -.v. C7 w
m
Weld County Colo. Cert. 2248 . �
P.O. Box 758 Permit #: 1991 75310 _
Greeley, CO 80632 County: Weld
9
Re: Section 401 Water Quality Certification
i
Dear Sir:
The Water Quality Control Division has reviewed the federal license or permit
application, public notice, or other information submitted related to
Certification for the activity described below. Provided the plans of operation
included in the submitted information are followed and the attached General and
Special Conditions (where applicable) are complied with, the Division is
reasonably assured that Sections 301, 302, 303, 306, and 307 of the Clean Water
Act and applicable sections of the Colorado Water Quality Control will not be
violated by this activity.
An antidegradation review has also been completed as required by the Basic
Standards and Methodologies for Surface Water Effective
July 31, 1988. This review showed that only temporary changes to water quality
would occur as a result of this project. Thus this project is certified as
designed with the attached general and special conditions (where applicable) .
Description: Build road across bed of Thompson Lake.
Location: Sections 4, Township 7N, Range 67W.
Watercourse: Thompson Lake
This certification does not constitute a relinquishment of the Water Quality
Control Division's authority as delineation in the "Colorado Water Quality
Control Act" or any subsequent alterations or additions thereto, nor does it
fulfill or waive any other local, state or federal regulations.
i erel , `
Jo Scherschligt, ' f
Gr undwater and S ndard Section
er Quality Co of Division
JS:jf
Attachment
xc: COE, Omaha
Victor, Sainz, DE
-rarOU(?9
IS/go 1 C��primed on recycled paper
General Conditions
1. Before a federal licensee or permittee commences any project in a
watercourse, which project may adversely affect water quality, it
shall notify, at least fifteen days prior to commencing work, the
following:
(A) Applicable local health departments;
(B) Owners or operators of municipal and domestic water supply intakes
which are located within twenty miles downstream from the site of
the project; and
(C) Owners or operators of other intakes or diversions which are
located within five miles downstream from the site of the project.
2. Construction operations in watercourses and water bodies shall be
restricted to areas specified in the application for the federal
license or permit.
3. Permanent erosion and sediment control measures shall be installed at
the earliest practicable time consistent with good construction
practices and shall be maintained as necessary throughout the
operation of the project. One of the first construction activities .
shall be the placement of permanent and temporary erosion and sediment
control measures around the perimeter of the project or the initial
work areas to protect the project water resources.
4. Temporary erosion and sediment control measures shall be coordinated
with permanent measures to assure'economical, effective, and
continuous control throughout the construction phase and during the
operation of the project.
5. Work should be carried out diligently and completed as soon as
possible.
6. The use of chemicals such as soil stabilizers, dust palliatives,
sterilants, growth inhibitors, fertilizers, deicing salts, etc. ,
during construction and operation should be limited to the best
estimate of optimum application rates. All reasonable measures shall
be taken to avoid excess application and introduction of chemicals
into the waters.
7. Measures shall be taken to prevent spilled fuels, lubricants, or other
toxic materials from entering the watercourse.
8. Whenever practicable, discharges of dredged or fill material shall be
conducted during low flow periods, during periods when spawning is not
occurring and during periods when recreational use is relatively low.
If such discharges will occur when water temperatures are near
freezing and where a domestic water supply diversion is located within
twenty miles downstream, the permittee shall coordinate with the water
purveyor in order to minimize impacts on treated water quality.
-1-
• 9. Solids, sludges, dredged stockpiled or other materials which are
potential sources of toxic pollutants, shall be controlled in a manner
so as to prevent such materials from entering water courses.
Materials which are not a potential source of toxic pollutants shall
be disposed of or controlled in a manner reasonably designed to
prevent them from entering water courses.
10. Upon discovery of solids, sludges, dredged or stockpiled materials, or
other potential sources of pollutants entering a watercourse, the
licensee or permittee shall immediately make every reasonable effort
to notify:
(A) Applicable local health departments and the Colorado Department of
Health;
(B) Owners or operators of municipal and domestic water supply intakes
which are located within twenty miles downstream from the site of
the project; and
(C) Owners or operators of other intakes or diversions which are
located within five miles downstream from the site of the project.
11. Measures shall be taken to prevent the entrance of wet concrete into
the watercourse when placed in forms and/or from washing of trucks.
12. Fill material shall be clean as practicable.
13. Structural fill or bank protection shall consist of materials, which
are placed and maintained so as to withstand predictable high flows in
the watercourse. Hazardous areas should be clearly marked or made
inaccessible to the public.
14. Concrete slabs which may be unstable are not authorized for use as
riprap. Broken concrete chunks are authorized but shall be free of
protruding reinforcing materials.
15. Areas disturbed by a project and which are suitable for vegetation
shall be seeded or revegetated to prevent subsequent soil erosion..
16. Discharges of dredged or fill material in excess of that necessary to
complete the project shall not be permitted.
17. Discharges to waters of the State not included in the application and
not certified in accordance therewith are not included within the
terms of this 401 certification.
18. To the extent reasonable and cost-effective, the activity submitted
for certification shall be designed to minimize subsequent maintenance.
-2-
19. Frequent fording of a channel is not permitted. Temporary bridges or
other structures shall be built if frequent crossings are necessary.
20. The discharge of materials which cause floating debris, surface scum
or film, or color or odor which impair classified uses is not
permitted.
-3-
TUPA SOCIATBS. INC.
Weld County
Thompson Lake Roadway
Wetland Mitigation and Agency Coordination
TUPA ASSOCIATES, INC.
SCOPE OF WORK
•
INVENTORY
Tupa Associates will inventory those areas to be impacted by construction of the
roadway for wetland conditions per the ACE Wetland Identification Methods.
Wetland types, species and areas will be identified and mapped. Areas to be
inventoried are those to be drectly impacted due to roadway constructed across
the dd Thompson Reservoir lake bed near Timnanth, Colorado, in Weld County.
The inventory report will address the importance and extent of those wetland
areas impacted and summarize wetland conditions in the area fa Agency review.
At this time it is estimated that there is less than one acre of wetland to be
dstlrbed by the roadway construction.
AGENCY COORDINATION
Prier to contact of the appropriate agencies, Tupa Associates will identify
alternatives fa mitigation a restoration of those impacted wetlands. It is likely that
restoration alternatives will be developed in near-by channel bottoms with
placement of the existing wetland mat into those new locations.
MudAats to be impacted by the roadway construction will be dscussed with the
EPA and other agencies to determine the significance of a dry lake bed under
this category designation. It is likely that we will have to document the nature of
the existing and future lake bottom and how those conditions will relate to the
EPA mudfiat categorization. At this time this work is included under the Agency
Coadination wok task because it is not anticipated that detailed inventory,
mapping nor mitigation work will be requied. If this work task changes due to
agency requirements, I will identify that added work task prior to beginning that
work.
MITIGATION STUDY AND PLAN
Mitigation work fa impacted wetlands will center around preparation of plans,
specifications and details for restoration of disturbed wetlands. Plans will be
developed from topography provided by Weld County. No topographic survey
wait is included under this scope of work.
With the mitigation plans an evaluation repot will be prepared to offer the Carps
and other agencies an understanding of our findings, analysis and the nature of
our mitigation work.
ACE PERMIT
Tupa Associates will resubmit the Weld County Corps permit with the addtional
information and recommended mitigation work. As required by the ACE we
veil
Goaa� THOM PS0N LAKE PROPOSAL-3/5/91
TUPA SOCIATES, INC.
address those areas of agency concern through addendum to our reports a
drect decuseion with those agencies.
PROJECTCOORDINATION
Wank by Tupa Associates will be coordnated through Don Carroll and the County
engineering office. Billings fa the work will be submitted at the end of the month •
with payment expected upon receipt of our invoice. Peat due accounts are
subject to a 1.5% (18% per annum) surcharge. Addtional work will be billed at
the rate of $55.00 per hour and only accomplished at the direction of Weld
County. Direct project expenses will be billed at cost.
Depencing on agency requirements, it is anticipated that work for this project
should be completed within one month. Work can begin at you notification.
COST ESTIMATE
Work Task Hours Rate Totals
Inventory and Report 32 55 $ 1,760.00
Agency Coordnation 24 55 1,320.00
Mitigation Report, Plan 36 55 1.980.00
$ 5,060.00
Reproduction, Expenses 506.00
Total Bid $ 5,565.00
Because of the uncertain nature of agency requirements, this estimate is a best
guess of what will be required to adckess this project. If less time is required, less
will be billed. We look at this estimate as a reasonable high end number under
which we will work. If agency needs are greater than anticipated I will notify you
of the cost of that greater waft task prior to beginning that work.
END
We agree to the content and intent of this work scope and bid estimate and the
obligations of this contract fa the above noted project. Signed:liMield au ty Da a Tupa Ass dates DBte
91®249
IHOMPSON IAKEPROPOS4L-3/5/91
Rr C .:! _1
!J 'J 1 y N /1
.1 ;
TUPA ASSOCIATES, INC.
12487 E. Amherst Cr. Aurora, CO 80014 (303) 755-6315
March 5, 1991
Don Carroll , P.E.
Weld County
933 No. 11th Avenue PO Box 758
Greeley, CO 80631-0758
Dear Don,
Per our discussion and field trip, following is a work scope and
cost breakdown for work associated with the Thompson Lake Wetland
impact assessment and mitigation. Additionally, I will address the
mudflat issue, presenting a report to EPA which covers the issues
as they relate to this project.
For this project I will be using biologist Jane Bunin to inventory
wetland species and offer insite at agency meetings.
We are ready to begin at your notification.
Sincerely,
U' h
Michael J. Tupa
•
Landscape Architect
910249
TUPA ASSOCIATES, INC.
12487 E. Amherst Cr. Aurora, CO 80014 (303) 755-6315
April 4, 1991
Don Carroll , P.E.
Weld County Engineering
933 No. 11th Avenue PO Box 758
Greeley, CO 80631-0758
Dear Don,
Enclosed is the signed work scope and budget proposal for work on
the Thompson Lake wetland impact assessment and mitigation work.
We are now compiling maps and planning a field trip Friday of next
week, weather permitting.
If you have in your files a copy of the topography of the lake,
especially the west shore line, please give me a call . I 'd like to
get a hold of such a drawing to add some more detail to our
basemaps. I have the profiles and sketch plan you have sent to me
and those will be of great assistance.
I will contact Vern Helbig (EPA) to discuss our approach to the
"Mudflats" issue and how we can prepare our information for their
review. I 'll be in phone contact with you as I gain more
information.
Sincerely,
Michael J. Tupa
Landscape Architect
910249
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
DEPARTMENT: Engineering DATE: March 8 , 1991
PERSON REQUESTING: Drew Scheltinga, County Engineer
Brief description of the problem/issue:
Road 74 over Thompson Lake:
It has been determined Weld County will be responsible to acquire the Army
Corps of Engineers 404 Permit. However, it is not clear whether it can be
issued as a "Nation-wide Permit" or a "Regular Permit" . The nation-wide permit
requires less effort and can be issued quickly, whereas the regular permit
requires more detailed application materials and a longer public hearing and
notification process.
At the Board's direction, and working with Commissioner Harbert and Don Warden,
I have obtained proposals from two consulting companies to aid us in acquiring
a 404 Permit. They are Woodward-Clyde Consultants (Windsor Reservoir and Canal
Company's consultant) and Tupa Associates, Inc. (the consultant we have used
for past applications) .
Both companies see the project similarly. They think by providing more
detailed information to the Corps of Engineers, a nation-wide permit can be
issued.
Woodward-Clyde's original proposal was in the amount of $4,000 and would
include an evaluation, communication with the Corps , and resubmitting a nation-
wide permit application. Woodward-Clyde submitted a second proposal in the
amount of $2,000 in which they would do a field evaluation, informal
consultation with the Corps , and a letter with their recommendations .
Tuna's proposal was in the amount of $5 , 565 , which would provide a field
inventory and report, agency coordination, and a mitigation report and plan.
The mitigation report and plan was not contained in Woodward-Clyde' s proposal.
910249
•
What options exist for the Board? (Include consequences , impacts, costs , etc.
of options) :
Option 1: Do not acquire a Corps of Engineers 404 Permit
It has been determined Weld County cannot build a fill over Thompson Lake
without a permit, and that no other entity can be made responsible to acquire
the permit. Therefore, Road 74 would have to be'kept in its present alignment,
and the County would have to deal with the State Engineer's Office regarding
the existing dam. If this option is chosen, there would likely be very little
savings, and the existing hazardous alignment and narrow dam crossing, which
has a high accident record, would remain in place.
" Option 2 : Acquire Corps of Engineers 404 Permit
Both consultants have indicated some wetlands work will very likely be
required, and that a nation-wide permit can be obtained. If that is the case,
the wetlands work would be minimal, and the cost to acquire the permit would
be between $4,000 and $6,000. Hopefully, the permit could be issued soon
enough for construction to begin this summer.
Recommendation to the Board:
Although Tupa's proposal is higher than Woodward-Clyde's , it contains allowance
for a mitigation report and plan which will tell the Corps of Engineers how we
would deal with the wetland. Undoubtedly, the mitigation reporc and plan will
be required by the Corp. Woodward-Clyde's_proposal says , " . . ,a wetland__
mitigation plan and/or alternatives analysis, are beyond the present scope of
work. "
Tupa's proposal would bill Weld County at the rate of $55.00 per hour, while
Woodward-Clyde's rates vary from $55 .00 per hour for a senior technician, up
to $125 .00 per hour for a senior consultant.
Tupa's proposal appears to be a reasonable high end number. He indicates if
less time is required, less will be billed. Woodward-Clyde's proposals seem
to be on the low end, indicating further work may be required thac is not
anticipated in the proposal.
Mike Tupa has completed two projects for Weld County within the cost o£ his
proposals . Both projects were well done and resulted in the acquisition o£
permits.
Don Warden and I have discussed the proposals from both companies and recommend
approval to Tupa.
The proposals of both companies are attached.
91024,9
Initial:
Approve Schedule
Recommendation Work Session Other
Lacy
Kennedy ekr
Kirby /���///
Harbert
Webster V
DS/mw: 74workse .mro
cc : Don Warden, Director of Finance
Jan Watch, Purchasing
91024'9
Deriver.�oa;;8023/ ' ■rvvu wara•t,rycDe t:onsuitants
•
(303)694.2/70
•
February 22, 1991
•
•
Drew Scheltinga
Weld County Engineering Department
P.O. Box 758
•
Greeley, CO 80632
Re: Thompson Lake 404 Permit Application
Proposal No. 91D154P
Dear Mr. Scheltinga:
In response to our conversation today, I am submitting a revised scope of work and costs
to assist Weld County with permitting of a new road across the drained bed of Thompson
Lake.
As I indicated in my previous letter of February 20, I believe that the previous identification
of the former bed of Thompson Lake as being waters of the United States may have been
erroneous, and that a nationwide permit may still be applicable. However, a possibility
remains that the Army Corps of Engineers may require an individual permit, which will
require a larger amount of work and document preparation. Because of this uncertainty,
we propose a phased approach to permitting of this project. Phase I would be used to
determine the type of permit (nationwide or individual) likely to be required, and the types
of information required to accompany and support the application. Depending on the
results, the pre-discharge notification (for a nationwide perrnit) or permit application (for
an individual permit) could then be completed in Phase U. I believe this phased approach
will best meet Weld County's needs to permit the project with minimal expenditures.
Because of the uncertainties involved in Phase II, I have only included the scope and costs
for Phase I. The Phase I work will include the following:
• Field evaluation of areas under 404 permit jurisdiction at the proposed
roadway location across Thompson Lake.
• Informal consultation with Army Corps of Engineers personnel concerning the
project. Specifically, our discussions will cover the jurisdictional status of the
"mudflats," the recalculated area of impact to waters of the United States, the
91D154P/p15a.1E7 g2.=.91iRRO:16
Car,suging Errers 3ec:og.sts
aria Envvcnrneetai Sventsts
C9'cs9 rn C:ne,onr..ca:C.'.:es 9,024.
Weld County Engineering Department
' Drew Scheltinga
February 22, 1991
Page 2
type of permit applicable (nationwide or individual), and information required
to support the permit application. •
• Preparation of a letter report on the results of the jurisdictional evaluation
and agency consultation. This report will advise Weld County as to which
•
type of permit is likely to be needed, the information requirements to support
the application, and the estimated costs to complete the permitting process.
This work will be initiated as soon as authorized. Depending on the availability of agency
personnel, completion of the work is expected to take approximately one to two weeks.
The estimated cost for Phase I is $2,000, which will not be exceeded without prior approval
and written authorization from Weld County. The work will be charged based on the
attached rate schedule, which provides lower rates than the schedule previously provided in ,
our February 20 letter. Our services will be conducted under the terms and conditions
provided with our February 20 letter. When signing the agreement, please change
"February 20" to "February 22" on page 1 (3 places) and initial the changes.
I look forward to the opponunity to work with Weld County on this project.
Sincerely yours,
Jeff
a d0
f Dawson
Senior Project Scientist J. Robert Doyle
Vice President
JD:af
1
I copy sent
1 c w/encl: John Andrew
File 91D154P
91D751P/P15t.LEI 02.22.9I:PR0116
9102'49
WOODWARD-CLYL ;ONSULTANTS (WCC)
DENVER OFFICE SCHEDULE OF FEES -1991 .
Thle Schedule of Pees applies a services rendered' 'ThleDra S ache+a of P ea,eoy have been made,charges i for all services.year. A paw d' Schedule of Pees is issued
Schedule of Fees effective 1 laau ,�Frojaau � ed■t the h°gr°uint of each year.
ry of each yea.
prior 7aara,will be heed
e Z'�N� ad the mama
•
beady
Altgeeartforpmfeuionel.tacdaiWamsrrpppt+erviwdirectlyr*lsleda
bousfy rates an u art
orws;
projsot. 5'areomd atgorla cod cpr,eepa�i�
htt -gyp I
ofOI-Crawler,Clerk . .. >�I.Bti
Crawler,Cltrm • • ••• •• •• • •• •• •• •• •.. . .. . S22
CO-Diener,Word Processor,Sect,Printer, • • • •• • . '•.' . . • • JO
04•Sr.Dnfter,Technical Typist,Sr.Seer, •• • . .. . . . •• 42
05-Technician . . . ... Editor . .. . . . .. . .. .. 4p
06-&Moe Technician . • . • • • '. . •. .. •• • • .• . . 52 07•Staff 0!.Senior. . . .. . . . . .. . . . . . .. . ... . .. . . . .. . . 56
09•Altman Project . . . . .ff . . . . . . . . . . . ... . . . . .. . . . .. . . 63
10•Pm'ect . ... . ... . .. . . . . .. . . . . . .. . . . .. . . . ... . . 73
1 ,
11 •&rioeProject .. • • • •• • • • • • • • •• •••• • • . . 98
12-Associate,Project Manager,Cooaltente . .. . . • • • 05
13 -Princes,Sr.Aaeoctte,Sr. Consultant • • • •••• • ' '' ' . • • 10J
Eau I. Travel time will h.ed. .. . . .. . . . .. . . . . . 120
charged at hourly rate., with a maximum of S ham travel time per b
2. Charges for contract permmei will be made according to the hourly rue corn
to their category.
J. For auignmema rtyatrjtu wettima of Y.
nooexerrgt personnel,hourly eta for overtime� will bet-Ides.the above standards.
e I,AllQBAT(1`y��t
•
WCC Provides soil,rock and toeenta
• ant. A detailed Scheduta of Feu for labtrmar7 lest.L milebk. 1
\T L?yrar
•
•
Woodward-Clyde Constitute provides exurb&atd ettinoodnS Eald equipment rte a marl baste for
OaoPhyetes, tun Rasourtest Mateeeolap.,Air Quality tot CSamistry. Admits Schedule of Pau lot
e toil and S:oet 7lathadq,
Squirter Aaaalu arrtflebL.
fines'aad aubcommetor serrlsas iosurnd dinedy for the project wW be Invoked a direct oua phis 20 patent.
Company vehicles used directly for iba projsot wW 4
Computer interim hr air okayed at 57.00 per 6asr(up a$gQndar)phis t.f0 per mil..
at 320 per hoar. `ry arb itattod 17r modellat,CAD and Ott Rowing comPtryr add aPD14aWna.and Moran dgvyaPmev will be charted
personnel charges. °0�+a+c+van tans,laelytLLeg Wapbotis,gala;Stn, .
°Y'�t rail andPaatap will M charged u 3%of
Preproduction cone will be
warted at$0.30}vr pate of copy p+oduc W.rad e rice Special Strzratzl
accoucnint W Mries requesterequestedMyriod Award Projaot Q19°adutea will b•charged m a erp of Sa0.00 per hour.When WCC staff All office time�eappears,expert witnesses malt. t���itnUoe harings and depstrlUgy.theft •
npaneg for s
daPaatloda will be uaRan:a��w�Mme a 1250/hour.
e.
P5tWE.C:,'PEOPOSALNO. Qtn�CdD
•
DATE Fah ttery �� you
1..T9I.PN 12.71•anTORNW2 -
910243
- -
4582 South Ulster Street Parkway
wooawara•eiyae consultants
w
' Denver,Colorado 60237
(303)694.2770 •
r .
February 20, 1991
Drew Scheltinga
Weld County Engineering Department
P.O. Box 758
Greeley, CO 80632
•
Re: Thompson Lake 404 Permit Application
Proposal No. 91D154P
Dear Mr. Scheltinga:
In response to your conversation with John Andrew on January 19, I have prepared the
following scope of work to assist Weld County with permitting of a new road across the
drained bed of Thompson Lake.
I understand that Weld County submitted an application for this roadway to the Army
Corps of Engineers in Omaha on January 10, 1991. The application was reviewed by the
Army Corps of Engineers, Environmental Protection Agency Region VIII, U.S. Fish and
Wildlife Service Colorado Field Office, and Colorado Division of Wildlife Northeast
Region. The Army Corps of Engineers determined that 0.5 acres of wetlands and
4.5 acres of mud flats (a special aquatic site under the EPA's 404(b)(1) guidelines)
would be filled. The common concern expressed by all reviewers was that these losses
of wetlands and other waters of the United States were unacceptable without mitigation.
The Corps therefore determined that a permit application for an individual permit
should be submitted with additional information.
Based on my current knowledge of the project, I believe that the identification of the
former bed of Thompson Lake as being waters of the United States may have been
erroneous, and that a nationwide permit may still be applicable. The time and
information requirements and associated costs of permitting this project would be much
less if it fails under a nationwide permit, than if an individual project is required. To
assist you in permitting this project, we will perform the following services.
• Field evaluation of areas under 404 permit jurisdiction at the proposed
roadway location across Windsor Reservoir. If possible,we will coordinate
this work with a site visit by Terry McKee.
91OI54P:1154LE! 02-_0.91fPROf16
C.rSu.II^q E"::.^ee,c. .:2LI0a:$iS
ana o...ira^r-e^ia. 910249 IA
C—era:^,ccai C..es
•
Weld County Engineering Department
Drew Scheltinga
February 20, 1991
Page 2
• Preparation of a short report on the results of the jurisdictional evaluation,
to be included as an attachment to the application.
• Informal consultation with Army Corps of Engineers personnel in Denver
and Lakewood concerning the project. Specifically, our discussions will •
• cover the jurisdictional status of the "mudflats," the recalculated area of
impact to waters of the United States, the type of permit applicable
(nationwide or individual), and information required to support the permit
application.
• If it appears that the project falls under a nationwide permit, we will
prepare a revised permit application, with appropriate supporting
documentation including the jurisdictional evaluation. It is assumed that
engineering information will be provided by Weld County in a format
suitable for attachment to the application. The completed application will
be provided to Weld County for signature and delivery.
• If an individual permit is required, more detailed supporting information
may be required such as a wetland mitigation plan and/or alternatives
analysis, which are beyond the present scope of work. In this case, we will
assist Weld County to develop a format and scope for additional studies
or documentation to support the permit application.
I understand that this work is to be completed as soon as possible. Depending on the
availability of agency personnel and engineering information from Weld County,
completion of work is expected to take approximately 2-3 weeks.
The work performed will be charged based on the attached rate schedule. The
estimated cost of 54,000.00 will not be exceeded without prior approval and written
authorization from Weld County.
910249
91D15JPTISJLEI J2:O.91:PRO:16
Woodward-Clyde Consultants
Weld County Engineering Department
Drew Scheltinga
February 20, 1991
Page 3
I have enclosed two copies of a contract for our services. Please sign both, keep one .
copy for your file, and return the other to me. Thank you.
Sincerely yours,
\q14 n �,.•
( d 1144‘
Jeff Dawson J. Robert Doyle
Senior Project Scientist Vice President
JLD:Iss
(2 copies sent)
Enclosures (2)
lc w/encl.: File
910249
910154 rP 153 LE 1 02 :O-91/PRO 16
Weld County Engineering Department •
Drew Scheltinga
February 20, 1991 •
Page 4
1 bc: John Andrew
91®24 ►
91 D 154 P.1P 154 L 111 O?-:0-91:PRO/16
•
"vvur�ou••.IyUC VVII,UI1.d11lJ
...:REEMENT FOR PROFESSIONAL SERVICES
(Hereinafter 'Agreement")
BETWEEN
Weld County
(Hereinafter 'Client')
•
P.O. Box 758
(Street or Post Office Box)
Greeley. CO 80632
(City, State and Zip Code)
AND
WOODWARD-CLYDE CONSULTANTS
(Hereinafter "WCC")
Stanford Place 3. Suite 1000, 4582 South Ulster Street Parkway
(Street or Post Office Box)
Denver, CO 80209
(City, State and Zip Code)
DATE OF AGREEMENT: February 20. 1991
AGREEMENT NUMBER 1
The parties agree as follows:
ARTICLE I
SCOPE OF SERVICES
WCC agrees to perform for Client the professional Services (hereinafter, 'Services') described in
February '_0 letter, attached hereto and incorporated in this Agreement. Senices shall be performed during
the period mentioned and at the locations specified. Because of the uncertainties inherent in the Senices,
time schedules are only estimated schedules unless otherwise stated in writing.
Senices to be performed shall not be materially different from, or more or less extensive than, that
referenced above, unless such modifications are reduced to writing and signed by authorized representatives
of Client and WCC.
ARTICLE II
COMPENSATION AND PAYMENT
As fuil consideration for the performance of Senices, Client shall pay to WCC the compensation
prodded for in February 30 letter, attached hereto and incorporated in this Agreement.
Unless othemise stated in writing, the method of chareinc for the Senices shall be on a time and
materials basis and shall be based on the Schedule of Fees and Charges in effect when tt�h+ppe SSenices arc
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performed.WCC periodica,-, shall submit invoices to Client. Client shalt pay each invoice within thirty(30)
days of the date of the invoice. However, if Client objects to all or any portion of any invoice, Client shall
so notify WCC thereof within fifteen (15) days from date of the invoice, give reasons for the objection, and
pay that portion of the invoice not in dispute. Client shall pay an additional charge of one and one half •
percent (1-1/2%) of the amount of the invoice per month or the maximum percentage allowed by law,
whichever is the lesser,for any payment received by WCC more than thirty (30) days from date of invoice.
Payment thereafter shall first be applied to accrued interest and then to the unpaid principal. The additional
charge shall not apply to any disputed portion of any invoice resolved in favor of Client. In the event of a
legal action brought by WCC against Client for invoice amounts not paid, attorneys' fees, court costs, and
other related expenses shall be paid to the prevailing party by the other party.
Client shall compensate WCC for any sales or value-added taxes which apply to the Services
rendered under this Agreement or any Addendum thereto. Client shall reimburse WCC for the amount of
such taxes in addition to the compensation due for Services.
In addition to the above, if payment of WCC invoices is not maintained on a thirty(30) day current
basis, WCC may, by ten (10) day written notice to Client, suspend further performance and withhold any
and all data from Client until such invoice payment is restored to a current basis.
ARTICLE III
CONSTRUCTION PROCEDURES
WCC, except far its own Services, shall not specify construction procedures, manage or supervise
construction, or implement or be responsible for health and safety procedures; shall not be responsible for
the acts or omissions'of contractors or other parties on the project; and shall not have control or charge of
and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs. In the event WCC, in writing, expressly assumes health and safety
responsibility for certain concerns such as toxic concerns, the acceptance of such responsibility shall not be
deemed an acceptance of responsibility for other health and safety requirements such as those relating to
excavating,trenching,drilling and backfilling,unless expressly provided otherwise. WCC testing or inspection
of portions of the work of other parties on a project shall not relieve such other parties of their responsibility
for performing their work in accordance with applicable plans, specifications and safety requirements.
ARTICLE ry
RECOGNITION OF RISK
Client recognizes that environmental,geologic and gcotechnical conditions will often vary from those
encountered at the times and locations where data are obtained by WCC, and that the limited data result
in uncertainty with respect to the interpretation of these conditions,despite the use of due professional care.
ARTICLE V
PROFESSIONAL RESPONSIBILITY
WCC represents that the Senices shall be performed, within the limits prescribed by Client, in a
manner consistent with that level of care and skill ordinarily exercised by other professional consultants
under similar circumstances at the time the Senices are performed. No other representations to Client,
express or implied,and no warranty or guarantee is included or intended in this Agreement,or in any report,
opinion, document or otherwise.
ARTICLE VI
RISK ALLOCATION
The liability of WCC, its employees, agents and subcontractors (hereinafter for purposes of this
Article VI referred to collectively as -WCC), for Client's claims of loss, injury, death, damage or expense,
including, without limitation, Client's claims of contribution and indemnification with respect to third party
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claims relating to the Services or to obligations imposed under this Agreement (hereinafter, "Client's
Claims"), shall not exceed in the aggregate under this Agreement:
(1) the total sum of 5100,000 for Client's Claims arising out of professional negligence,
including errors, omissions or other professional acts, and including unintentional breach
of contract;
(2) the total sum of 51,000,000 for Client's Claims arising out of negligence,or other causes for
which WCC has any legal liability, other than as described in (1) above.
in no event shall either WCC or Client be liable for consequential damages, including, without
limitation, loss of use or loss of profits, incurred by another or their subsidiaries or successors, regardless
of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission,
or other wrongful act of either of them.
ARTICLE VII
INDEMNIFICATION
If any claim is brought against WCC, its employees, agents or subcontractors (hereinafter for
purposes of this Article VII referred to collectively as "WCC) and/or Client by a third party,relating in any
way to the Services, the contribution and indemnification rights and obligations of WCC and Client, subject
to the allocation of risk under Article VI above, shall be determined as follows:
(1) if any negligence, breach of contract, or willful misconduct of WCC caused any damage,
injury or loss claimed by the third party, then WCC and Client shall each indemnify the
other against any loss or judgment on a comparative responsibility basis under comparative
negligence principles (Client responsibility to include that of its agents, employees and
other contractors); and
(2) unless WCC was guilty of negligence, breach of contract, or willful misconduct which, in
whole or in part, caused the damage,injury or loss asserted in the third party claim, Client
shall indemnify WCC against the claim, liability, loss, legal fees, consulting fees and other
costs of defense reasonably incurred.
ARTICLE VIII
INSURANCE
WCC and Client agree to maintain, during the performance of the Senices, (1) statutory Workers'
Compensation coverage; and (2) Comprehensive General and Automobile Liability insurance coverage in
the sum of not less than 51,000.000.
ARTICLE IX
RIGHT OF ENTRY
Client grants to WCC, and. if the project site is not owned by Client, warrants that permission has
been granted for, a right of entry from time to time by WCC, its employees, agents, and subcontractors,
upon the project site for the purpose of providing the Services. Client recognizes that the use of exploration
equipment may unavoidably alter the existing site conditions and affect the environment in the area being
studied.
ARTICLE X
INDEPENDENT CONTRACTOR STATUS AND SUBCONTRACTORS
liniess and only to the extent specifically provided to the contrary, WCC shall be an independent
contractor and shall have responsibility for and control over the details and means for providing the Senices.
WCC can use subcontractors to perform Senices usually performed by subcontractors. If WCC wish As to
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use a subcontractor where it is not customary to do so, WCC shall obtain prior written approval or
subsequent written confirmation from Client.
ARTICLE XI
SAMPLES
WCC shall preserve such soil, rock,water other samples obtained from the project site as it deems
necessary for the project,for not longer than forty-five (45) days,unless otherwise legally required, after the
issuance of any document that includes the data obtained from those samples, unless other arrangements
are mutually agreed upon in writing. At any time,WCC can request in writing that Client remove samples.
Client shall promptly comply with such request, and pay and be responsible for the removal and lawful
disposal of samples, unless other arrangements are mutually agreed upon in writing.
ARTICLE XII
OWNERSHIP AND MAINTENANCE OF DOCUMENTS
Provided that WCC has been fully paid for its Services, Client shall have the right to use the
documents, maps, photographs, drawings and specifications and samples resulting from WCC's efforts on
the project, for purposes reasonably contemplated by the parties. WCC shall have the right, but shall not
be obligated, to retain copies of all such materials and shall have the right to use the same for any purpose,
unless such use would be expected to cause harm to Client. Client shall specify in advance,in writing, and
be charged for all arrangements for special or extended-period maintenance of such materials by WCC.
WCC retains the right of ownership with respect to any patentable concepts or copyrightable materials
arising from the Services.
Reuse of any materials described above by Client on extension of this project or on any other
project without WCC's written authorization shall be at Client's risk,and Client agrees to indemnify, defend
and hold harmless WCC, its employees, agents and subcontractors from all claims, damages, and expenses
including attorneys' fees arising out of such unauthorized reuse.
ARTICLE XIII
CLIENT ACTION TO RE TAKEN
Prior to the commencement of the Services, and thereafter, Client shall notify WCC of any known
potential or possible health or safety hazard existing on or near the project site upon which the Services are
to be or are being performed by WCC, its employees, agents or subcontractors, with particular reference
to hazardous substances or conditions. If hazardous substances or conditions are discovered during the
performance of the Services that are different in type,amount or concentration from those disclosed to WCC
prior to the commencement of the Services,then, upon notification,Client and WCC shall seek to determine
the equitable adjustment (if any) to be made to this Agreement. If the parties are unable to agree, this
Agreement will be terminated, and WCC shall be paid for all charges incurred to the date of termination
plus reasonable termination charges. Client shall compensate WCC for any emergency measures necessary
for health and safety. Client shall have the responsibility for properly reporting the discovery of hazardous
substances to appropriate authorities.
Client shall provide `.','CC with all relevant data and information in its possession relating to the
project and to the environmental, geologic and geotechnical conditions of the site and surrounding area.
Client shall correctly show, on plans to be furnished to WCC, the location of subsurface structures,
such as pipes, tanks, cables and utilities. If the Senices require WCC to investigate the location of such
underground structures, then. consistent with the agreed upon scope of such investigation, WCC shall be
obligated to perform the investigation in accordance with reasonable standards of care. WCC shall not be
responsible for damage to underground structures which occurs despite the use of such care.
Clier.t shall provide WCC, in writing, all criteria, design and construction standards, and all other
information relating to Client's requirements for the project.
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Client shall give W _ prompt written notice of any suspected t._.ect in the Services.
Client, with reasonable promptness, shall provide required approvals and decisions.
ARTICLE XIV
pELAYS
In the event that WCC field or technical work is interrupted due to causes outside of its control,
WCC shall be equitably compensated for the additional labor,'equipment, and other costs (in accordance
with WCC's current Schedule of Fees and Charges) associated with maintaining its work force and
equipment available during the interruption, or at the option of Client, for such similar charges that are to
be incurred by WCC for demobilization and subsequent remobilization. In no event shall WCC be required
to maintain a field force in standby status in the field for a period in excess of five (5) calendar days.
Except for the foregoing provision, neither party shall hold the other responsible for damages or
delays in performance caused by force majeure,acts of God, or other events beyond the control of the other
party or that could not have been reasonably foreseen and prevented. For this purpose,such acts or events
shall include, but not be limited to, unusual weather affecting performance of Services, floods, epidemics,
war, riots, strikes, lockouts or other industrial .disturbances, protest demonstrations, unanticipated site
conditions, and inability, with reasonable diligence, to supply personnel, equipment or material for the
Services. Should such acts or events occur, both parties shall use their best efforts to overcome the
difficulties arising and to resume as soon as reasonably possible the normal pursuit of the Services. Delays
within the scope of this Article which cumulatively exceed forty-five (45) days shall, at the option of either
party, make this Agreement subject to termination for convenience or to renegotiation.
ARTICLE XV
SUSPENSION OF WORK
Client may, at any time,by ten (10) days written notice,suspend performance by WCC. If payment
of invoices by Client is not maintained on a thirty(30) day current basis,WCC may, by ten (10) day written
notice to Client,suspend further performance until such payment is restored to a current basis Suspension
for any reason exceeding forty-five (45) days shall, at the option of WCC, make this Agreement subject to
termination or to renegotiation. All suspensions shall extend the time schedule for performance in a
mutually satisfactory manner, and WCC shall be paid for the Services performed and charges prior to the
suspension date plus suspension charges. Suspension charges shall include, without limitation, the putting
of documents and analyses in order, personnel and equipment rescheduling or reassignment adjustments,
and all other related charges incurred directly attributable to suspension.
ARTICLE XVI
TERMINATION
Client may terminate all or any portion of the Services for convenience, at its option, by sendine
a written Notice of Termination to WCC. WCC may similarly terminate for convenience in the event of
delays or suspensions exceeding forty-five (45) days as provided in the foregoing Articles. The Notice of
Termination shall specify when and which work will be discontinued and when termination shall be effective.
Not later than thirty (30) days after termination, Client shall pay WCC upon invoice for the Services
performed and charges prior to termination, plus termination charges. Termination charges shall include,
without limitation, the putting of project documents and analyses in order, personnel and equipment
rescheduling or reassignment adjustments, and all other related charges incurred directly attributable to
termination.
Either party can terminate this Agreement for cause if the other commits a material, uncured
breach of this Agreement. Termination shall be effective twenty (_0) days after receipt of a Notice of
Termination, unless a later date is specified in the Notice. The Notice of Termination shall contain specific
reasons for termination and both parties shall cooperate in good faith to cure the causes for termination
stated in the Notice. Termination shall not be effective if reasonable action to cure the breach has been
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taken before the effective ch.__ of the termination. In the event of termination for cause,WCC shall be paid
the same as in the case of termination for convenience, and the parties shall have their remedies at law as
to any other rights and obligations between them, subject to the other terms and conditions of this
Agreement.
ARTICLE XVII
INTEGRATED WRITING
This Agreement constitutes a final and complete repository of the Agreement between WCC and
Client. It supersedes all prior or contemporaneous communications,representations or agreements,whether
oral or written,relating to the subject matter of this Agreement. Modifications of this Agreement shall not
be binding unless made in writing and signed by an Authorized Representative of each party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
Authorized Representatives as follows:
LIENT WCC
Signature Signature
Drew Scheltinea J. Robert Doyle
Typed Name Typed Name
Weld County Eneineer Vice President
Title Title
Date of Signature Date of Signature
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WOODWARD-CLYDE CONSULTANTS (WCC) .
DENVER OFFICE SCHEDULE OF FEES - 1991 '
This Schedule of Fees applies to services rendered in the current year. Anew Schedule of Fees is issued at the beginning of each
year. Unless other arrangements have been made,charges for all services, including projects initiated in prior years,will be based
on the new Schedule of Fees effective 1 January of each year.
• PERSONNEL .
Personnel charges are for professional, technical and support aeevices directly Saud to projecu. Personnel categories and
corresponding hourly rates are as follows:
personnel Category hourly Rate
01-Courier,Clerk $30
02-Office Assistant 30
03-Drafter,Word Proeesaor,Seer..Primer 45
04-Sr.Duller,Technical Typist,Sr.Seer,Editor 50
05-Technician 50
06-Senior Technician SS
07-Sher 65
08-Senior Staff 75
09-Assistant Project 85
10-Project 100
11 -Senior Project 105 •
12-Associate,Project Manager 115
13-Principal,Sr. Associate,Sr.Consuhant 125
sites: I. Travel time will be charged at hourly rates, with a maximum of 8 hours travel time per day.
2. Charges for contract personnel will be made according to the hourly nu corresponding to their category.
3. For auignmenu requiring overtime of nonexempt personnel, time for hourly nu will be 1.3 times the above
standard.
• }ABORATORY TESTS '
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WCC provides soil, rock and concrete testing. A detailed Schedule of Fees for laboratory tests is available.
•
• FGU1PMENT RENTAL
Woodward-Clyde Consultants provides scientific and engineering field equipment on a rental bais for Soil and Rock Mechanics,
Geophyrics,Water Resources,Meteorology,Air Query and Chemistry. A detailed Schedule of Fees for Equipment Rental is
available.
• EYPENSES
Expenses and subcontractor services incurred directly for the project will be invoiced at direct cost plus 20 percent.
Company vehicles used directly for the project will be charged at 57.00 per hour(up to S40/day)plus 5.40 per mile.
Computer applications for au quality and ground water modeling,CAD and GIS applications,and software development will be
charged at 320 per hour.
Routine computer and communication costs,including telephoto,telex;fax,and postage will be charged at 3% of Personnel
charges.
Reproduction costs will be charged at 50.10 per page of copy produced.
Special accounting and financial services requested beyond standard project procedures will be charged at a nu of 540.00 per
hour.
• EYPERT Terri'. 4ONT
When WCC Surf appear as expert witnesses at court trials, arbitration hearings And depositions,their time will be charged at
37-50/hour. All orice time spent preperiag for such trials,hearings sod depositions will be charged at standard raw listed above.
PROIECI'/PROPOSAL NO. 91015aP
• DATE February 20. 1991
EP9,.Fla 12.=.40/FORMS/2 919249►
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