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HomeMy WebLinkAbout980094.tiff RESOLUTION RE: APPROVE EMERGENCY FLOOD REPAIR CONTRACT WITH COLORADO DEPARTMENT OF TRANSPORTATION AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Emergency Flood Repair Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Engineering Department, and the Colorado Department of Transportation, commencing upon full execution of said contract by the State Controller, and ending upon final payment by the State to the County, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Emergency Flood Repair Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Engineering Department, and the Colorado Department of Transportation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of January, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ' ATTEST: � U../2---7 _27:;_4.2-,, f �I / Constance L. Hargert, Chair Weld Counf CI=( ���1861 ij �0 1/42 N �, .,W. H. eb , o /�//j//yJ/•BY: :_�:r;,_ �r .^..i_. ., J. Deputy d � „ : - .. ar• /Georg . Baxter 7R V TO FORM: EXCUSED Dale K. Hall ounty A orne� thmee/ /�� 980094 le: PCv)6DOT EG0037 ER R400-063(11991) 98 I1A4 01054 EMERGENCY FLOOD REPAIR: WELD COUNTY ROADS 37,22,and 129 Weld County/CDOT(KEK/TDR) CONTRACT THIS CONTRACT, made this aZ of 197 by and between the State of Colorado for the use and benefit of THE COLO DO DEPARTMENT OF TRANSPORTATION,hereinafter referred to as the State or CDOT,and WELD COUNTY, STATE OF COLORADO,P.O. Box 758, Greeley, CO 80632, FEIN: 846000813, hereinafter referred to as the County, or the contractor. FACTUAL RECITALS. 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of project and County costs in Fund 400, Approp. 010, Org. 9991, Prog. 2000, Function 3301, Obj. 2312 1P, Rept. Category 4340, Contract Encumbrance No. 11991, (Contract Encumbrance Amount: $168,880.50). 2. Required approval, clearance and coordination has been accomplished from and with appropriate agencies. 3. On Monday, July 28, 1997, an intense storm produced record amounts of rainfall and significant flooding in northeastern Colorado. 4. In response to the extensive flooding and resultant damage the Governor of Colorado, the Honorable Roy Romer, issued a written Executive Order on July 30, 1997, declaring a Disaster Emergency. (a copy of this Executive Order is attached) 5. On August 1, 1997, the President of the United States, the Honorable William Clinton, declared a major disaster under the Stafford Act, authorizing federal relief and recovery assistance in the affected area. (a copy of the Presidential disaster declaration is attached) -1- 6. Based upon the State and federal emergency declarations Federal Emergency Relief(ER) funds were made available through FHWA to CDOT to reimburse affected counties and cities for emergency highway repairs. 7. The federal ER funds are being administered regionwide by CDOT under a project identified as ER R400-063 (11991). 8. The County sustained major damage from the July 28, 1997 storm to portions of Weld County Road 37, Weld County Road 22, and Weld County Road 129. 9. Detailed Damage Estimate Reports (Form FHWA-1547)were completed August 14, 1997 for damage to the aforementioned roads (DIRS 11991-2, 11991-3, and 11991-4, respectively). 10. Eligibility of the County to receive federal ER funds for Weld County Road 37 was determined by the FHWA representative on August 21, 1997, and DIR 11991-2 identified the total estimated cost of the damage eligible for ER funds to be $11,925.00. 11. Eligibility of the County to receive federal ER funds for Weld County Road 22 was determined by the FHWA representative on August 21, 1997, and DIR 11991-3 identified the total estimated cost of the damage eligible for ER funds to be $76,336.00. 12. Eligibility of the County Road to receive ER funds for Weld County Road 129 was determined by the FHWA representative on November 4, 1997,and DIR 11991-4 identified the total estimated cost of the damage eligible for ER to be $80,619.50. 13. The total estimated cost of the damage eligible for Emergency Relief(ER) from the three aforementioned DIRS is $168,880.50 14. The County has complied with the federal provisions and other applicable requirements, including those involving the State's general administration of the federal ER program, and is eligible to receive federal ER funds at the rate of 100% of the estimated total damage cost. 15. The State and the County now desire to enter into a contract to establish the terms and conditions for the State to reimburse the County for its emergency repair work with federal ER funds that have been authorized. 16. This contract is executed under the authority of Sections 29-1-203, 43-1-110, 43-1-116, and 43-2-101(4)(c), C.R.S., as amended, and the County's ordinance/resolution. -2- NOW, THEREFORE, it is hereby agreed that: I. EMERGENCY REPAIR WORK A. Based on the State and federal disaster declarations of July 30, 1997 and August 1, 1997 (copies of which are attached hereto and made a part hereof, as Exhibit A and Exhibit B, respectively), federal emergency relief funds were authorized to reimburse Colorado local governments for the cost of emergency repair performed by these local entities and/or their contractor(s). B. The Emergency Repair work under this contract involves portions of Weld County Road 37, Weld County Road 22, and Weld County Road 129 in Weld County, Colorado. C. The Emergency Repair Work under this contract to Weld County Road 37 includes: 1. Reworking the embankment of an approximately 350' length roadway section, 1.8 miles north of Highway 52,which was damaged by a wash of material from the roadway into the drainage ditch; and 2. Reworking the embankment of an approximately 350' length roadway section, 2.6 miles north of Highway 52, which was damaged by a gravel wash from the roadway and filled drainage ditches; and 3. Embankment placement and restoration of the aggregate base to an approximately 100' length damaged roadway section, 3.0 miles north of Highway 52, which was damaged by a wash of gravel and embankment from the roadway into ditches; and 4. Embankment placement and restoration of the aggregate base, of an approximately 150' length damaged roadway section, 3.4 miles north of Highway 52, which was damaged by a wash of material from the roadway into the ditch and fields. D. All the foregoing emergency repair work to Weld County Road 37 is more specifically described in the Exhibit C,which is the DIR 11991-2,completed August 14, 1997,with an eligibility determination by the FHWA representative on August 21, 1997. Exhibit C is attached hereto and incorporated herein. E. The Emergency Repair Work under this contract to Weld County Road 22 includes: -3- 1. Reworking the embankment and restoration of the aggregate base, of an approximately 550' length damaged roadway section, 2.8 miles east of Highway 85, which was damaged by drainage ditch erosion along the edge of the roadway; and 2. Repairing the damage to the edge of the roadway, including reworking the embankment, restoration of the aggregate base, and asphalt repair, of an approximately 200' length damaged roadway section, 4.65 miles east of Highway 85, which was damaged by minor asphalt loss; and 3. Reworking the embankment,restoration of the aggregate base,asphalt repair, and top soil repair, of an approximately 800' length damaged roadway and ditch work section, 6.3 miles east of Highway 85. F. All the foregoing emergency repair work to Weld County Road 37 is more specifically described in the Exhibit D, which is the DIR 11991-3, completed August 14, 1997, with an eligibility determination by the FHWA representative on August 21, 1997. Exhibit D is attached hereto and incorporated herein. G. The Emergency Repair Work under the contract to Weld County Road 129 includes: 1. Reworking the embankment and restoration of the aggregate base, of damaged roadway 3.3 miles north of Highway 14, which was damaged by several large holes in the roadway at the east shoulder and large amounts of erosion in the drainage ditch; 2. Reworking the embankment and repair involving pit run, grouted rip rap, geotile, asphalt on bridge, and dewatering, of damaged roadway 3.8 miles north of Highway 14, which was damaged by erosion on the edge of the roadway and loss of all rip rap at the bridge wingwalls and loss of abutment; and 3. Reworking the embankment, restoration of the aggregate base, and repair involving 24" C.M.P.,of damaged roadway 4.2 miles north of Highway 14,which was damaged by a large erosion hole on the west side of the roadway, ditch erosion on both sides of the roadway approximately 450' in length, and culvert in the roadway completely buried by silt. H. All the foregoing emergency repair work to Weld County Road 129, is more specifically described in the Exhibit E,which is the DIR 11991-4,completed August 14, 1997,with an eligibility -4- determination by the FHWA representative on November 4, 1997. Exhibit E is attached hereto and incorporated herein. II. WORK RESPONSIBILITY The County and/or its contractor has undertaken and completed the emergency repair work identified in the Detailed Damage Inspection Reports of August 15, 1997 (Eligibility of such reports was determined August 21, 1997 for Weld County Road 37 and Weld County Road 22 and determined November 4, 1997 for Weld County Road 129 by the FHWA representative) within the applicable time period of 180 days,has documented the costs of this repair work, and has otherwise complied with all applicable requirements to be eligible to receive federal Emergency Relief funds. III PAYMENT PROVISIONS A. The emergency repair work under this contract is 100%federally funded. No State funds are obligated under this contract. B. Pursuant to the terms of the federal disaster relief program, federal emergency relief funds have been authorized to be paid through CDOT by the FHWA to reimburse local government entities for the costs they incurred in making emergency repairs to local highways that were damaged by the severe storm of July 28, 1997. C. Based on the estimated total damage repair costs established by the DIRS of August 15, 1997 the State will reimburse the County with federal emergency relief funds for the County's temporary repairs to damage to Weld County Roads 37, 22, and 129 at the rate of 100% of the actual total cost up to a maximum amount of$168,880.50. If the County's documented actual total cost is less than$168,880.50,only its actual total cost shall be paid. If the County's total actual cost is in excess of$168,880.50 the excess cost shall be totally the County's responsibility, unless this amount is modified by written supplemental agreement or by a funding letter. The funding letter will be in a form substantially equivalent to Exhibit D,and shall not be deemed to be effective until it shall have been signed by the County and approved by the State Controller or such assistant as he may designate. -5- D. Reimbursement shall be made to the County,after execution of this contract,upon the State's receipt,review and approval of the County's documentation of its final total actual emergency repair costs. IV. COUNTY COMMITMENTS A. The County will provide liaison with CDOT through Mr.Drew Scheltinga,County Engineer, P.O. Box 758, Weld County, Greeley, CO 80632, (970) 356-4000 x3750. B. To the extent that it has not already done so, the County shall provide to the State documentation of the actual total cost of emergency repairs incurred by the County in repairing the damage to Weld County Roads 37, 22, and 129. The CDOT project coordinator shall identify the nature of and format for such documentation. By executing this contract the County certifies the accuracy of any documentation of its costs which have been and/or which will be submitted to obtain reimbursement. C. The County shall retain all books,documents,papers accounting records and other evidence pertaining to the costs incurred for the emergency repair work and shall make such materials available for a period of 3 years from the date of final payment to the County. Copies of such records shall be furnished by the County if requested. D. The County shall at all times during the execution of this contract strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this contract. The County shall also require compliance with these statutes and regulations in subgrant and/or subcontract agreements permitted under this contract. A listing of some of the federal and state laws that may be applicable, depending on the County/Contractor work responsibilities under this contract, are described in ADDENDUM A. V. STATE COMMITMENTS A. The State will provide liaison with the County through John Kessenich, CDOT's Region 4 Emergency Project Coordinator, 1420 2nd Street,Greeley,CO 80631 (970)350-2147. Said Director will issue a"Notice to Proceed"to the County for commencement of the Work. -6- B. The State shall monitor the County's performance of its responsibilities under this contract to ensure compliance with all applicable federal and state statutes, regulations, standards and requirements. C. Upon execution of this contract and the State's receipt,review and approval of the County's documentation of its final total actual emergency repair costs for damage to Weld County Roads 37, 22, and 129, the State shall promptly reimburse the County for its total actual damage repair costs up to a maximum amount of $168,880.50 as set forth in Section III, C, unless this amount is modified by written supplemental agreement or by a funding letter. VI. GENERAL PROVISIONS A. The parties hereto expressly recognize that the County is to be paid,reimbursed,or otherwise compensated with federal funds which are available to the State for the purposes of contracting for the work provided for herein, and therefore,the County expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. B. If, through any cause, the County shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the County shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the County of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination,.the County shall be obligated to return any federal funds that have be disbursed to the County under this contract. Notwithstanding above, the County shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the County. C. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such -7- termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the County. D. This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as specifically provided otherwise herein, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. E. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable,and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. F. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition,deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. G. Except as herein otherwise provided,this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. H. This contract shall become "effective" only upon the date it is executed by the State Controller,or designee. The term of this contract shall begin on the date first written above and shall continue through the final payment by the State to the County. I. The Special Provisions attached hereto are hereby made a part of this contract. The County shall comply with all applicable terms and conditions of these attachments. J. If a conflict occurs between the provisions of this contract proper and the attachments hereto, the priority to be used to resolve such a conflict shall be as follows: 1. The Special Provisions; and -8- 2. This contract proper; and 3. Other contract attachments and exhibits, in their respective order. K. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the parties that any person or entity other than the parties receiving services or benefits under this contract be deemed to be an incidental beneficiary only. L. The County assures and guarantees that it possesses the legal authority to enter into this contract. The County warrants that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority,and to lawfully authorize its undersigned signatory to execute this contract and to bind the County to its terms. The person(s) executing this contract on behalf of the County warrants that they have full authorization to execute this contract. -9- IN WITNESS WHEREOF,the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO ATTEST: ROY ROMER, GOVERNOR By 1&_2_t -' By Chief Clerk ice Executive irector DEPARTMENT OF TRANSPORTATION APPROVED: CLIFFORD W. HALL GALE A. NORTON State Controller Attorney General By ((bf 1' GJWbIJL BY 1/WCAAA1Qr BARRY B. RYAN Assistant Attorney General Civil Litigation Section E �1 ATTEST (S', rtl Ij,� WELD COUNTY, COLORADO cs Clerk . t By //c �r. B . - Constance L. Harbert (01/21/98) Title De.ut Title Chair, Board of County Commissioners Federal Employer Identification Number: 846000813 -10- ADDENDUM A: FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: 1) the County/Contractor shall follow applicable procurement procedures, as required by section 18.36(d); 2) the County/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; 3) the County/Contractor shall comply with section 18.37 concerning any subgrants; 4) to expedite any CDOT approval, the County/Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying County/Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable; 5) the County/Contractor shall incorporate the specific contract provisions described in 18.36O) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees). C. The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). D. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by Federal grant program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). -11- 980094 E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers). F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of$100,000). G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). H. Office of Management and Budget Circulars A-87, A-2I or A-122, and A-102 or A-110, whichever is applicable. I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. J. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 et. seq.. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds; K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111- 12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611. L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract.) M. The Drug-Free Workplace Act(Public Law 100-690 Title V, subtitle D, 41 USC 701 et 5a) N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. -12- 980094 O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts". Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". -13- 980094 r. 1-U4. JI INIV UO IU r, uc STATE OF COLORADO EXECUTIVE CHAMBERS •co 136 State Capitol - t Denver,Colorado 80203-1792 D O o i O Phone(3031866-2471 9 7 - e •� r lBf4� EXECUTIVE ORDER Roy Romer Governer DECLARING A DISASTER EMERGENCY DUE TO EXTREME FLOODING CONDITIONS WHEREAS, on Monday, July 28, 1997, an intense storm produced record amounts of rainfall in Fort Collins and unincorporated Larimer County, Colorado; and WHEREAS, this amount of rain produced heavy flooding that resulted in deaths and injuries, damaged homes and businesses and buildings on the Colorado State University campus; and WHEREAS, these conditions have resulted in significant impacts requiring the assistance of the state and such impacts from rain and flooding may continue in the - Fort Collins area and in other areas in northeastern Colorado; and WHEREAS, the demands placed on disaster emergency funds to state and local agencies to address this emergency are unreasonably great, and the moneys available to the local community and the state to address the impacts are insufficient to cope with this emergency; and WHEREAS, there exists a need for disaster emergency funds to mitigate, prepare for, respond to, and recover from these actual occurrences and potential threats; and WHEREAS, the Colorado General Assembly is currently not in session; and WHEREAS, pursuant to section 24-32-2106, C.R.S., the Governor may make funds available from the state Disaster Emergency Fund and may transfer and expend moneys appropriated for other purposes to meet the needs of the disaster emergency, if the funds regularly appropriated to state and local agencies are insufficient; and WHEREAS, the Governor's Disaster Emergency Council concurs with the findings and actions set forth in this Executive Order; and WHEREAS, the conditions under which funds can be made available and used to meet the needs of a disaster emergency have been satisfied as a result of the occurrence and imminent threat of emergency described herein. 980094 Executive Order D 0 O O July 30, 1997 '97 Page 2 NOW THEREFORE, I, Roy Romer, Governor of the State of Colorado, under the authority vested in me by the Constitution and laws of the State of Colorado, including section 24-32-2104, C.R.S., the Colorado Disaster Emergency Act of 1992, Do Hereby Declare that a state of disaster emergency exists in the State of Colorado, due to the reasons set forth above, and DO HEREBY ORDER THAT: 1. The State Emergency Operations Plan be activated. 2. Any and all unspent funds currently existing in the state Disaster Emergency Fund, pursuant to Executive Order D0009 96, plus any additional funds which may be in the fund, shall remain in this account to be used to address the consequences of the existing and potential threats. 3. Up to Four Million Five Hundred Thousand Dollars($4,500,000) of unspent general fund appropriations for fiscal year 1996-97 shall be transferred into the state Disaster Emergency Fund from state departments to address the • consequences of the existing and potential threats. 4. All expenditures from the fund for the purposes intended will be based upon the recommendations of the Director of the Colorado Office of Emergency Management and with the approval of the Chief of Staff of the Office of the Governor or the Director of the Office of State Planning and Budgeting. 5. The Fund balance shall remain in this account until June 30, 1998, when funds not expended for the purposes intended herein shall revert to the state General Fund. 6. On or before July 31, 1998, a report shall be provided to the Governor, the State Disaster Emergency Council, and the General Assembly detailing the expenditures from the Disaster Emergency Fund. 7. All state departments and institutions are directed to intensify their preparedness and mitigation efforts to address the impacts of this emergency and to respond to events that may occur. These efforts shall be coordinated with the Office of Emergency Management. 8. I hereby confirm my verbal orders issued on July 28, 1997, that under the provisions of 28-3-104, C.R.S., the Adjutant General of Colorado order to State Active Duty sufficient forces, with pay, for a period not to exceed five (5) days to respond to this emergency; the Adjutant General shall determine the number of individuals assigned to this duty and equipment deployed. 980094 � •....• .... . . I . VY Executive Order 00010 97 July 30, 1997 Page 3 9. This Executive Order shall expire in thirty (30) days unless otherwise extended. GIVEN under my hand and the Executive Seal of the tat f Colorado on this%.7o4 of July, 1997. i ryt Via._, \ \'..•! _.�e !' I�n,� Roy xo er '` / ,• 'c,17;" \ Governor 980094 THE WHITE HOUSE • WASHINGTON August 1 , 1997 The Honorable Roy Romer Governor of Colorado 136 State Capitol Denver, Colorado 80203-1792 Dear Governor Romer: As requested, I have declared a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) for the State of Colorado due to damage resulting from severe storms, heavy rain., flash floods, flooding, mudslides, landslides, and severe ground saturation beginning on July 28, 1997, and continuing. 1 have authorized Federal relief and recovery assistance in the affected area. Individual Assistance, Public Assistance, and Hazard Mitigation will be provided. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs in the designated areas. The Federal Emergency Management Agency (FEMA) will coordinate Federal assistance efforts and designate specific areas eligible for such assistance. The Federal Coordinating Officer will be Mr. David P. Grier of FEMA. He will consult with you and assist in the execution of the FEMA-State Disaster Assistance Agreement governing the expenditure of Federal funds. Sincerely, • 980094 COLORADO DEPARTMENT OF TRANSPORTATION AUTHORITY: CONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER State Controller Policy letter on June 12. 1996 Region:Complete section 1 and submit to CDOT Controllers office. COOT Controller letter on May 23, 1996. This loin to be used for the following contracts/situations only(check the appropriate situation): ' _indefinite quantity, order more/add more _utility/railroad, underestimated total cost CDOT construction.sum of CMO's _LA construction,underestimated cost war construction. underestimated total cost CDOT consultant underestimated cost SECTION 1 (Region use) Date: Project code To: CDOT Controller (FAX #(303)757-9573 or e-mail CONTROLLER) Project N From: Office: Phone * FAX if Region 8 COOT has executed a contract with: Address: FEIN M - Contract routing # COFRS encumbrancer(Indicate PO.SC or PG I) Fund Orpn. Appro. Prgrm. Func Objectraub-obi NR GBL Reporting Cate. ProySub/Phase f Original contract amount Has a Budget Request been processed to cover the contract amount increase? $ _yes_no Previous Funding Letter(s)total Preparers name $ rs„nenp cow n s u r-) PHONE NO: This Funding Letter total Contract Administrators/Business Managers Approval $ t*J PHONE NO: Adjusted contract amount CDOT Designee Approval 5 Local Agency approval SECTION 2(Controller's Office use) Total allotment amount Commission budget $ $ II construction: CE charges Indirect chgs Ar{usted contract amount plus total CE a indirect _CE pool elig. $ $ charges calculation$ I have reviewed the financial status of the project, organization,grant and have determined that sufficient funds are available to cover this increase, effective as of COOT Controllers approval signature Date COOT Form*11964 1,91 950094 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1 .This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2.Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made available. BOND REQUIREMENT 3.If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road.bridge,viaduct,mmtel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4.To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims, damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents,subcontractors,or assignees pursuant to the terms of this contract DISCRIMINATION AND AFFIRMATIVE ACTION - • 5.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16,1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. • During the performance of this contract,the contractor agrees as follows: (a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status, religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment upgrading,demotion,or transfer,recruitment or recruitment advertisings;layoffs or terminations;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age. (c)The contractor will send to each labor union or representative of workers with whi&h he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color, sex,national origin,or ancestry. (f)A labor organization,or the employees or members thereof will not aid,abet,incite,compel or the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or ariy order issued thereunder,or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of suds rules,regulations,or orders,this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations,or orders promulgated Fpm(.AC-028(GEN060199) Revised 06/0I/97 Page=of 2 pages 9 cnnA in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by taw. (h) The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules, regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign county in which the non-resident bidder is a resident If it is determined by the officer responsible for awarding the bid that compliance with the subsection.06 may cause denial of federal fluids which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this contract Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state agencies under the vendor offset intercept system for. (a)unpaid child support debt or child support anearages;(b)unpaid balance of tax,accrued interest, or other charges specified in Article 22, Title 39, CRS; (e)unpaid loans due to the student loan division of the department of higher education;(d)owed amounts required to be paid to the unemployment compensation fwd;and(e)other unpaid debts owing to the state or any agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 10. The signatories aver that they are familiar with CRS 18-8-301,et seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et seq.,(Abuse of Public Office), and that no violation of such provisions is present II. The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or pi vim ty described herein. S WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor. State of Colorado (Full Legal Name) ROY ROMER,GOVERNOR By Position(Title) By Social Security Number or Federal I.D.Number of PUBLIC HEALTH AND ENVIRONMENT If Corporation,Town/City/County,or Equivalent: ROGRAM APPROVAL: Attest(Affix Seal) By Corporate Secretary,or Equivalent,To fly/County Clerk APPROVALS ATTORNEY G CONTROLLER By By e A.Norton Clifford W.Hall Fans 6-AC-02C(GEN060197) Revised 06/0197 Page 2 which is the last of 2 pages 980094 APRIL 1980 Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor,for itself, its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49,Code of Federal Regulations,Part 21,hereinafter referred to as the"Regulations"),which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Contractor,with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors,including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts,Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, metal or physical handicap or national origin. D. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books,records,accounts,other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. page 1 of 2 pages 980094 E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract,the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate,including, but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; (2) Cancellation,termination or suspension of t )ntract,in whole or in part. F. Incorporation of Provisions. The Contractor will include the pr sions of paragraphs A through F in every subcontract,including procurement a materials and leases of equipment,unless exempt by the Regu' ions,orders,or instructions issued pursuant thereto. The Contractor will take su 1 action with respect to any subcontract or procurement as the State or the FHV A may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. • page 2 of 2 pages 980094 APPENDIX B DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy. It is the policy of the Colorado Department of Transportation(CDOT)that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements the Colorado Department of Transportation DBE Program apply to this agreement. SECTION 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Program. The contractor(subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. A copy of the DBE Program is available from: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303)757-9234 and will be mailed to the contractor upon request. revised 9/5/97 9800M ATTACHMENT L 0 Certification for Federal-Aid Contracts The contractor certifies, by signing this contract, to the best of its knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal , amendment, or modification of any Federal contract, grant, lban, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report, Lobbying,' in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 980094 /799/ - 2 Report No. 97-1 DETAILED DAMAGE INSPECTION REPORT Sheet No US.Department Fed of(Title 23,Federalaid Highways) DAN 1— °f 4 Administration Ap,Gcarik:_: Weld County Public Works Dept. o°°°mWeld t°sp"ti'°Date8/14/97 location of Damage(Name o&Road end Mleposp - Federal-aid Route No. Weld County Road 37, 1.8 miles north of Hwy 52 Description of Damage Material was washed from the roadway into the drainage ditch. Approx. 350' in length • Cost Estimate(include Construction Engineering) Quantity Unit Description of Work to Date (Equipment,Labor,and Materials) Unit Price Cost 41) ac 450 C.Y. Embankment reworked (CJ .PJ $7.00 53.150.00 to StoL ,cc 3, 1Sa.C}) re - �i� rricc� +oShcef4 •Method a E w. l Emergency ®Local Forces n State Forces n Emergency Contract Reeppair Completed a To m ce • 0. N c m e "r thod ency O Local Forces n State Forces n Emergency Contract Reeppair Remaining c 0. or c u c 0 a - Estimated Preliminary Engineering Method TotaO Local Forces O State Forces n Permanent Repair Contract Restoration 1t Environmental Recommendation Right-of-Way (KNot Required' n Major Action n Nonmajor Action TOTAL ESTIMATED COST Recommendation FHWA Engineer Date Z/-y7 (i Eligible 0 Ineligible tOsI�U. yis7.-�, Concurrence Slate *e`e'/p_�/ Date JYes O No r Y Cj—Z/ —2'? Concurrence Lo/ca//�ge R ta' pG A Date /q Yes ❑No Gt/Sr/ /t� 980094 8/;// ' 7Z ,. 1 / iii mod { fly:i ,rs+ • r,.' } 13 • • • • • �r r 980094 � 1 /7fl/— 2 Report No. 97-1 �v DETAILED DAMAGE INSPECTION REPORT Sheet No us.oewna�r 2 of 4 — FFedderaWlWaoaon y (Title 23,Federal-aid Highways) Disaster No. �m APPricane. Weld County Public Works Dept. 0°"YWeld Inspection Date_ 1114/97 Location of Damage(Name of Road and Milepost) Federal-aid Route No. Weld County Road 37, 2.6 miles north of Hwy 52 Description of Damage Gravel washed from roadway and filled drainage ditches. Approx. 350' in length. Cost Estimate(include Construction Engineering) Quantity Unit Description of Work to Date Unit Prke Cost -o (Equipment,Labor,and Materials) E450 C.Y. Embankment reworked (C.I .P. ) $7.00 $3,150.00 io 0 m 1 Su To ,L`� i'�J ) d0 Cat ftcd {o S ee I 4- F_ w Total Emergency M�1°d ®Local Forces n State Forces n Emergency Contract Repair Completed co c N C CC m c m Total Emergency n Method w n Local Forces n State Forces n Emergency Contract Repair Remaining c 0 0 c 0 c a a Estimated Prefiminary Engineering Method Total Permanent ❑Local Forces n State Forces n Permanent Repair Contract Restoration Envtrorunental Assessment Recommendation - Rightof-Way Or Not Required' ['Major Action El Norunajor Action TOTAL ESTIMATED COST Recommendation FHWAE�ng/Jin�eer /Jl� �� - -- Date a [2'Efglble n In ors bte )74. L 2(.0 - emit. -4g2(2-0-c— G 17 Concurrence State �pI'' �� J,�D , —Date G ®Yes ❑No (Agency !lam V:2 `/7 Commence Yes l l No /!'p i /V� 98OOo_t //' 2 • •_I ._ �� • ,, .`1 • 4,...L • V • • • r w ix 'xd I t.• 9SOnn �. /777/ -Z _ Report No. 97-1 DETAILED DAMAGE INSPECTION REPORT Sheet No Us.oa anamnl entai of 4 y (Title 23,Federal-aid Highways) oasasterNo. Administration meant.Weld County Public Works Dept. ccunbr'Weld Inspection Date8/14/97 Location of Damage(Name of Road and Milepost) - Federal-aid Route No. Weld County Road 37, 3.0 miles north of Hwy 52 Desalplion of Damage Flood washed gravel and embankment from roadway into ditches. Length of damage approx. 100' . Cost Estimate(include Construction Engineering) Quaff, Unit Descdpt on of Wotk to Date Unit Price Cost (Equipment.Labor,and Materials) a 200 C.Y. Embankment placed (C.I .P. ) $7.00 $1 ,400.00 $ 100 Ton Aggregate Base Course Class 6 (C.I .P. ) $11.00 $1,100.00 CG,(fltrl �- E• w. Total Emergency Method al Local Forces n State Foray fj Emergency Cadract Repair Completed a c a E m cc n m K c m a w Method Total Emergency - n Local Forces n State Forces n Emergency Contract Repair Remaining c O c m c q m a Estimated Preliminary Engineering Method Total Permanent Local Forces ❑State Faces n Permanent Repair Contract Restoration Environmental Assessment Recommendation Right-of-Way Not Required Major Action ❑Nonmajor Action p}Qy��E/Jr�[ � /y TOTAL ESTIMATED COST Recommendation F/'I G`rG�a+P` Gf.eer - "t- Date Eligible O Ineligible -Z/-q7 Concurrence state Eng Dat�e,+ qy� gi Yes n No980094 /� t� — 4/ Concurrence Q l,ocel / e J p 0'J '' Dale�/�//9 Yes No v )[ 3 h r ant, Y y .---- . 4 t:, �. 1 tr • .4 ° t use 37O_: ". J '.1. q { 5 t L S „_f.'s. r f> .+ ,;fit a �'Y Id£...�'• E'>' may' y et , C r• tT 1 c{,4 illt-:;4 !. sr Stit, }•\ LL X s `Yt.„g� nF t a y 'i.( A , x ° +3' y b�.y♦t`y Yni .rf. ` ac`s,,, `i F ' y r ._ rate s Fz I.cis + q o!. .,v..,t, `.sue'°,,4 y r + T t• I U i i* . ? � y t r} r� r - SYbardC r Y''w nli. 4- 'it, ''ice 4,7 Sll�.c7, �'r ftt r x. c ' r , <^$at. ..: S..f� "r w ytx'y delf' ti u--,,i } s r it `r4 �� La-;,,-0-4a- 0 °- wi,J ; t � r4 t l� L ➢ �ry tat• • r 5�v."-/ j`.-lam....�a bluer. —. / ii � .e S'^ l '� u1i..•'.a a 980091. • r � //99/- Report No. �v DETAILED DAMAGE INSPECTION REPORT Sheet No 97-1 U.S.oep n ne t _4_ of 4 of Transportation (Title 23,Federal-aid Highways) — Disaster No AdministrationApplicant , Detail Weld County Public Works Dept. cwnt e)d l tf1i4/97 Location of Damage(Name of Road and Milepost) - Federal-aid Route No. Weld County Road 37, 3.4 miles north of Hwy 52 Description of Damage Flood washed material from roadway into ditch and fields . Approx. 150' in length. Cost Estimate(include Construction Engineering) Quantity Untt Description of Work to Date Unit Price Cost (Equipment,Labor,and Materials) 4 c 250 C.Y, _ Fmbankment placed (C.I .P. ) $7.00 $1,750.00 O 125 Ton Aggregate Base Course Class 6 (C.I .P. ) $11.00 $1,375.00 a a, Sub tv AI sz,i)cUJ . Lint-4 to S4CCf 4 Total Emergency W ®Local Forces n State Forces n Emergency Contract Repaired C • CE E E lY 0. d ` lr C u a w Emergency Method n Local Forces n State Forces n Emergency Contract ReepjuV Remaining C 1 O rY C C C C a Estimated PreraNnary Engineering Method Total❑Local Forces El State Forces , � Permanent Repair Contract Resto ration a� t on Environmental Assessment Recommendation Right-of-Way Not Required/ ❑Major Action ❑Nonmajor Action TOTAL ESTIMATED COST ! // �r77 �� $11,925.00 Recommendation F/S� c • �6vtX�^Z- Date ®Efgible ❑ Ineligible B-2/- 97 Concurrence State �� ) Date / li g[Yes 0 No Engineer (J"�'� S if' / 7 Concurrence Loca/yenvy R � 'live Date l}T Yes ❑No /Arri i'4 v�'^"" A 980094 17/9//9,7� ..-.Ab ENe FNMr Fens.4. • . 4 7. '7 i : .. la t pI ' v. y • _ • V 'or. , A', a - �� se .."" tt v dk-s he 4ti .s - f tf y '+ -c-"� `wa d'. 3xi T t , 'a.. . ^" 1 t';'71.4.1;61/,' '4. :CIA), g �. ' :'-- • T -4/:7-44.: e--n4r .' .+a'-.. *:CI- "ham .. 'w 3c, r } �` {;.7,740",'aa y:'.S '�/x'�iFtC '� •ae.�..+ i. --,;.,,:,-,....:•.• .�< ''"F ..Py 0 yi t. ifr. S , 4 .. . ra q.;°ck'.,-:�i..y a. �w9'' fit- Sri• v ° `''. 44bo.+A 'fx c' • *,,-.-44-A-4.•:........- ..SF•es. d {+ ,.�' .:. jai in g?T } l S J--, t Lie,-,k."; `4 ..'r...ttW'i"414iar � , L JiY`^t r :.14... • 4 xw 980094 I ®�i� '`... \� �. Er!�1n •9• i0 6050 N Y—Rile �- ]$7 • pf!_p�-i I dNO •' /-- `e 00011 Ri �ti 5. W \CREELEY I 4:1TAIINTI:,...,./1,:er - ,P troll��KER5 6 �` p •'ilk_ _ _ i all J' i . / ��- 5150 1 EP WI r I p- tinter _ � - O 5 /ITT °�igi �., • Aim ...ayer -Th. , 50 74*-41. -.:Ill ..‘ . . ;17 Wrilliteg L r��J`A 650 c*stoVALLE /i �e [II € rf ,�■. T � re,_ SORT /6 W � Q 0Gts1 p�' 11 MILLIKfr IoT 0.I II A 4 , , 60 u - c1 Io 1�3` f 3613450Ill' tied' --• ic I 'rs: 1 y . �C ill 1 3250, ElyVPLATTE ILLE Pr. Id�LD `-'�� o ✓� _991 7' i WW 28 t e s. a [brig :� t = 24 1150 lik'1, (Ne ,,�pp ' 1 ,R(,AWya i� e 1 fir_ e r T \1- -\ S ,t;\a- 11 ' 11 22 a An 2 \ 1 n 20 • 20 J % io • Clan • S ., It Sold - 16 ESTON r'e" -EIN b so �CIII eso 4,/ e n P . - 12 NI,�.. 16 5_ fr Arse ,e KEEN ESB KG �YVAI . - Ak 121 T rates H • N -K , It7 " = 10 � R A�W • a .6. ,Fr,a s- n $ °r ll t 4-te ' -n. eA � � Yo, ,of ^1 e 7793/ -3 Report No. �r DETAILED DAMAGE INSPECTION REPORT Sheet No _z us.o.panment 1 of 3 dT (Title 23,Federal-aid Highways) Adana han Administratinay Disaster No. APPricarit Weld County Public Works Dept. camtrWeld Inspection Date 8/14/97 Location of Damage(Name of Road and Mlepos( Federa*ald Route No. Weld County Road 22, 2.8 miles east of Hwy 85 Description of Damage Drainage ditch erosion along edge of roadway. Approx. 550' in length. Cost Estimate(include Construction Engineering) Quantity Unit Description of Work to Date Unit Price Cost (Equipment,Labor,and Materials) 0 m E 0 U o. C K C C 0 rA E w Method D Local Forces n State Forces Emergency Contract Total Emergency mppeted 1582 C.Y. Embankment (C.I .P. ) $7.00 $11 ,074.00 E 434 Ton Aggregate Base Course Class 6 (C. I .P. ) $11.00 $ 4,774.00 C cc cu Sub IoFd 8/s, r4t00 cc Ca(frtd Vo te 3 C rA W Method Total Emergency ® Local Forces n State Forces F1 Emergency Contract Repair Remaining C 0 C C CC E 0. Estimated Preliminary Engineering Method [—ILocal Forces State Forces n Permanent Repair Contract ReTestorratio l Perma rent Environmental Assessment Recommendation Right-of-Way ®Not Required O Major Action O Nonmajor Action TOTAL ESTIMATED COST Recommendation FHWA Engineer �y n Date q ®Eligible n Ineligible % ta— L/ �T/iSh[ Js_ 8`Z/- C Concurrence ,Yes O No Stale E i / p a'�(� Date `7 Concurrence oenc,, 'r nta• e 94 Dat� aI 9 J Yes [ No 9800 Form FHWA-1547(8-93) , The fern was alectrotweelly viedie:ad Waite Federal Forms.Inc • i I ---- I 1 1 --- a z '1s � Y i //a X� '1 =may4 ^ 7:41,7 Z Q" ` Y.}.I'. ' . '' '� 9800(14 • /129/3 � Report No. DETAILED DAMAGE INSPECTION REPORT 97- Z oeparmt Sheet No dT _.2_ of �— Federal y (Title 23,Federal-aid Highways) Disaster No. Administration APPrcilit„Weld County Public Works Dept. ccuield Inspection Date 114197 location of Damage(Marne of Road end Miepos( - Federal-aid Route No. Weld County Road 22, 4.65 miles east'of Hwy 85 Description of Damage Edge of roadway damage. Approx. 200' in length. Minor asphalt lost. Cost Estimate(include Construction Engineering) Quantity Unit Description of Work to Date Unit Price Cost (Equipment,Labor,and Materials) m _ _ • w E O U O. m K c • m CO E Method ncy ❑Local Forces n State Forces n Emergency Contract Reepplair Completed Ia8 , C.Y. Embankment (C.J .P. ) $7.00 $1 ,316.00 m 71 Ton Aggregate RASP Course Class 6 (C I P ) $11.00 -$ 781.00 ce 2.5 Ton Asphalt (C.I .P. ) $46.00 $ 115.00 a - a m Sus To4-a1 '1adia.oO m e f (std Or SLef" 3 ency ta Method ®Local Forces n State Forces n Emergency Contract Repair RTotal emaining c O. I a, 0 c m m Estimated Preliminary EngineeringMethod Total _ D Local Forces n State Forces , n Permanent Repair Contract Restoration Permanent Environmental Assessment Recommendation Right-of-Way ® Not Required' O Major Action ❑Nonma)or Action TOTAL ESTIMATED COST Recommendation F � A Engineer Date Eligible ❑Ineligible /'L r^ - ''r'"_Z cr/VI y7 Concurrence State Slate E./✓� Oat�//7 j U es ❑No C/ Concurrence Agency:Cr 980094' SKI Yes ❑No JO I psi/�/ c� 9- _. • _ ..__...,cM.f�Neral Foma.K I 2 "�.'--_ - - - — - —- - - -- s ,.,,,,a,.,, v'' r t r ' .-- yo- ti,../.4,—(y:- f ♦a nil: q j,- I > r . L f-^4x 3 _ .''i 11F� *way 1 l one , JJ AI- 1 ..-'/ i 'PI 1 i t . F C �+ . 1. cci, ^ 1 , > % ; r t r H + + 41,fn i .; '?f�`Sa , i� t. 43 ) A�l4t�q, , PP; 1 J , • r� .4// �' ' ;I , a tit ")?` �/ f ci G �ti In . , x'F 1 , t .� p - `� �r. ��.gy�"vu• _ < , 4 ‘ j /1 v,is 1 t� tiff �y j t .. a le,.� rt 1 #y+ -t t, :r 't",f �7 t fti ,^I \ ``'P",4i' i'itL> 1 - _ II' tl 7t '2.s( J( '1I� . s -4(1": "‘`.'. ?'{• y 31- ,4!` r, ,D,!';‘-c''4 ', 1 : ! 1•.,,c.; . i.I 't Jr-.`� s (., ' s -O,6, o l 4ts 3r;�C ,,! i -:;-;- ii' i'r• I .t1+1 'h Cv ' -�'jt r , ,., 1 .'1,(:7:c�.t"tip+ 4+♦� �.:"� i 1 �v> F ,r i�•, , t.>�yn 1,,:-.7,,o,y3.1J if / �> \•,.1 q„t C11�(G_v'?'^(yc''>4f{C x -,0 ;;;„.. ....a.::: 'v -` t e '- - Jxi 4 _. , tIi 1-O- ".>“';,> +`•%e n:•/."^,., . A 0.�s'`*FL' a i'. "'Y.r>Ix �' %1.�. .. t • I .1r1 �g -*MIT"' � .. s �l - -.,. �Z - sv � �� ter:• _ r�`r r 71.2 V E-fl"YSAZ`i 9 t 9800n i. /in/-3 Report No. 7 9 7 _ DETAILED DAMAGE INSPECTION REPORT Sheet No us.oaPamrme _ of — �,,,,;y (Title 23,Federal-aid Highways) Disaster No.Administration — Inspection Date 'c.Weld County Public Works Dept. field 8/14/97 Location of Damage(Name of Road end Milepost) Federalaid Route No.Weld County Road 22, 6.3 miles east of Hwy 85 Description of Damage Approx. 800' of roadway repair and ditch work. Cost Estimate(include Construction Engineering) Quantity Unit Description of Workto Date Unit Price Cost (Equipment,Labor,and Materials) • E 0 U 40 • 0. m 4 m E w• . Total Emergency Method ❑ Local Forces ❑State Forces ❑Emergency Contract Repair Completed S 4888 . C Y Embankment (C I P ) $7.00 S34,216.00 E 970 Ton Aggregate Base Course Class 6 (C.I .P. ) $11.00 -$10.670.00 145 Ton Asphalt (C.I .P. ) $46.00 $ 6,670.00 a rr 672 f_ Y . Top Soil (C.I.P. ) gin nn $ 6.72n nn Carried S`,erl 3 Subo1a 47sT, a?6,00 w Method Total ERm flj Local Forces n State Forces n Emergency Contract Repair Remmergaining CC 0. 0 4, m c m m _ a Estimated Preliminary Engineering Method Total Permanent ❑Local Forces n State Forces , ❑Permanent Repair Contract Restoration Environmental Acenccment Recommendation Rghtof-Way ®Not Required' ['Major Action ❑Nonmajor Action TOTAL ESTIMATED COST 76.116 fill Recommendation FHWA Engineer � Date Eligible ❑Ineligible *4i4* - Q, "a` i 61-21- 57 Concurrence State Date f—lr 2 Mies ❑No (/cConcurrence ,ls ❑No R/ 9800 '71aid/ 9 3 k•-: --' . i -- ' • , .__._ ,.. .Ds . . __ ... ._ . ... .... a ' r •� ,..}/, M :J/3,:„.„.1. 4,...m.,.,.. ,..,..:srso • tt...„ .. . ., .. . _ .. ..b„A:. ,74.3t.t_....L.... .T. , ::::..: : _ ‘,.._..7 _, ... U•J fa4JJ tU t ♦ ': 3�� •••:,..-.� • �4C - _ - It'll z- -r ry 4 r`v.` - '"ti. ,.„ 4. + t � �. ▪ i-,,,,•";-.,n,4;;,:.,4" ' -.! a ', SRu • 1.< ^-c Z „ &-4 `41:.▪ ):4"- ‘44:•.4.,..q-..7-. "i ry • "ice 1 ,, 1iT 'TT • �▪ , r 1'. -. .v i JQ4:, • r - S'800nA. .t I. 11 it«� \ ' K rw,A�e ~' ▪ '�i x . —P'�' eAEY-r6lD T• - \ Se50 wD "` ttpWl a. ass ` \ se w i 37 r .e + GREELEY _ O R EN ..." R _ n c m ' .. _ ` KERS a • v 54 _ , 51 I r � „ 52� , .. ��LY 4/M ,-,' t "I 1 St• (✓ CAL L'� . "9 • .{°Ty ;- l a� 96arw�i q{;:��6t r +9e/i•u 1650 YALIir �/ y� ' del RP .� '+S .R 85,p 1'(� _ g' u�ODT <,. - 46 o w 256 „ $ i se /x 1 L1y0. M 44 M ILLIK t o — " r LORE T 40 y . L..' 40 6 40 • n i ,- 01 b /�' x '. R 36 — - i - ♦ 96/ -. ' f. . _I. 6 1 e 0 j 85 36 4., ]4w is° r . '. 01 12 :,q'arI j r� I( 1 • Y4 Ilti I. 32w • 2 Sz •y 3x I _ Tr \ . )PLATTE .ILLS -• n w. e �/ rAeAw 1 65 ;- ! T6 1 a a I a2-- , i Late, le xe El• A` . _ ,m Yore - Z. • 2450 i4 s, T4 a MA� II 24 �11 / p. '+1 " a , `,; a _ 16 x. g` 85- `f .s 20 o. 1 to / s•e 1 ew I9aN reA� PL2 a w ro x RESTON - grrA i I 1e It .w ` 'a1`, law T . 5le 7 / r ,6 "' g I q, K • w ,� KEEN ESB RG PLAIT[ • Res f_ s �{toDe tes N VALLEY • ICK E'7 .. 11 PARK N 1 T .-. .. ��� .� ....�.. .- .... co mer •®_._ _ ._, 1 FORT C17 5 a0 YNrN 1, ' Genre teal+ C/1 4-1 LUP ON r52 1— � UDMA 'Mara 66 y, 52 q q slal a. et lo ^ :. 5, _ 7 rrld_lee al a 7 . ° .�� , as 4"tl et a- •.. RS ._e_ e - WM #139 //19/-9 Report No. w 97_3 DETAILED DAMAGE INSPECTION REPORT _ us.Depan Bert Sheet No of 3 fddera�liiphw y (Title 23,Federal-aid Highways) Disaster No. — Administration Appacant CWeld County Public Works Department«'^� Weld Inspection Date 8/14/97 Location of Damage(Name of Road and Milepost) - Federal-aid Route No. Weld County Road 129, 3.3 miles north of Highway 14 Description of Damage — Several large holes in roadway at the east shoulder. Large amounts of erosion in drainage ditch. Cost Estimate(include Construction Engineering) Quantity Unit Description of Work to Date (Equipment,Labor,and Materials) Unit Price Cost d v E 0 U • 0 • Ce a, C d P. •Method w. Ey Q Local Forces 6 'State Forces n Emergency Contract Repair e Completed i?° 444 C.Y. Embankment (C.I.P.) 9.00 $ 3,996.00 45 Ton Aggregate Base Course Class 6 (C.I.P.) 16.50 - 742.50 a. rr 0. m lr C c 42 a Total d 'r' Method n Local Forces n State Forces - n Emergency Contract Repair Remaining C O, e, C A E al 0 Estimated Preliminary Engineering Method Total Permanent O Local Forces n State Forces 0Permanent Repair Contract Restoration Environmental Assessment Recommendation Right-of-Way fp Not Required' ❑Major Action O Nonma)or Action TOTAL ESTIMATED COST Recommendation FHW�A, E-'n.g/ineer Date Eligible n Ineligible /�'Ga.7 tl� �t_ / '/97 Concurrence State Ergs 6 / Date Wes ❑No /670a2 / �L� p / 2-7/97 Concurrence Repr� 9O0Q9f0-0;- Y ❑es No r i 1 '".'R�f* .t...-•,_ :: Y' drarn�`;7.-- - �. A. any..-- ' r \ f -\1 Ky r ..,, ,•. . t.:. x -T • - `---/:--i.'y . of s R yr.3tr 4 '.o,s'�` A C�J r-� t r j. ��IM'y. 4 �� r� S J L b •F � y" f{:� is?II*,rP :". �`�� Cam' J` �Ic +YC Y..;.- .m�''S 1.1.[ � d Ja i F.•Tr°,:is:- .k,..1...... • 1.:_.-e..", 2 .R i-y_ i' -J-7.-:.7.`;',-.. ."'1,-.14.11‘2.4'/4", _r gr 'i0.Ft%s. rr ' it, i c �� ..... jwa;A .'i a -.. �r p _y ------ . 1�__— _..�-_ - _-7--. - __ - _ --- Art s\---Th,:p:. .— _.. . . .. . - • 71 , .i)psi t...k. • I ../... — • -'4. ..,-.4. { . .4. _ wr . �lt6t ....xic ,L."'_.= ��—"_..' f< �5 eJ ), 'fir h 1! �. .s — 7 hs"`t� r ,- 'r }.. F 'a - -.a. t.t.z..., i-+w.. 350094 Report No. 97-3 U.S. Fwd DETAILED DAMAGE INSPECTION REPORT street No dTnespoM1>Gon 2 of 3 Federal Highway 23,Federal-aid Highways) Disaster No. Administration Applicant Weld County Public Works Department County: Weld Inspection Date 8/14/97 Location of Damage(Name of Road end Milepost) - Federal-aid Route No. Weld County Road 129, 3.8 miles north of Highway 14 Description of Damage Edge of roadway eroded. All rip rap at bridge wingwalls and abutment was lost. Cost Estimate(include Construction Engineering) Description of Work to Date Unit Price Quantity UnitCost (Equipment,Labor,and Materials) ar a E 0 U 0 CC - m C m rA tv E Method Total en O Local Forces n State Forces n Emergency Contract Repai Comppletyed 950 C.Y. Embankment (C.I.P.) 9.00 $ 8,550.00 C 50 C.Y. Pit Run (C.I.P.) 13.00 '$ 650.00 400 . C.Y. Grouted rip rap (C.I.P.) 110.00 $ 44,000.00 170 S.Y. Geotile (C.I.P.) 2.00 $ 340.00 63 Ton Asphalt on bridge (C.I.P.) 46.00 $ 2,898.00 1 L.S. Dewatering 15,000.00 $ 15,000.00 Total w ency Method n Local Forces n State Forces - n Emergency Contract Repair Remainingm c O N cc Q' C C W C a Estimated Preliminary Engineering Method Total Permanent n Local Forces O State Forces O Permanent Repair Contract Restoration Environmental Assessment Recommendation Right-of-Way Not Required' fri major-Action ❑Nonmajor Action TOTAL ESTIMATED COST Recommendation FHWA Engineer Date p Eligible D Ineligiblef��p�ski:Accra. /7/7/97 Concurrence State Date /� Yes n No !U oZ7 Y7 , 2 ar.. o• • c �-� ...-5- 4- rte,. a-. . i. �i[�� • >-j Zyi +6 :y s 41. j4,4 t.. • Sp: 4. slv"' �ti •{ 'Yn r _ • • r '.% 4t fgr is j,��s T a1 -t ' .. .,.C - oter- "er � .Z �.- �V* )7 a le ,r.,,... • ...., 44.k., .. . . .,.......7____:tr_____________ __._ . . _ ,„....,..4.,.,.... .',”_,,. .-:--; 4,13',. - rir••-•-;•--—•-•... ...Tr i z. s` 14 ' ,%. ' Jig^..4 h ri F f f 33e,”'�'1`f fyf�yyP}k�f, Ar .rbrq i fi y �p ..,S7 L 4l n*vi 1 f 7� t.„; S . •• " t+� *+. atr'-S r r- a ! I 4x < rF -^;T h. .4�'El.s. , I@' �`. ..vr ,fit� ,-"�i ..� I Yf S r I 9800%1 w Report No. DETAILED DAMAGE INSPECTION REPORT 97-3 us.Department Sheet No — er,er Transportation °Federal e w y (Title 23,Federal-aid Highways) -Disaster No. 3-- of 3 Administration Apprica°L • Weld County Public Works Department County Weld InspedionDate8/14/97 Location of Damage(Name of Road and Milepost) Federal-aid Route NNo.-- • Weld County Road 129, 4.2 miles north of Highway 14 Description of Damage . Large erosion hole on west side of roadway. Ditch erosion on both sides of roadway. Approx. 450' in length. Culvert in roadway completely buried by silt. Cost Estimate(include Construction Engineering) Quantity Unit Description of Work to Date Unit Price Cost (Equipment,Labor,and Materials) co n E 0 U m a o K c m a t E tu Method O Local Forces State Forces n Emergency Contract Reeppatr ed ' o c ' 207 C.Y. Embankment (C.I.P.) . 9.00 $ 1.863.00 c E 20 Ton Aggregate Base Course Class 6 (C.I.P.) 16.50 $ T330.00 rU ._ 50 L.F. 24" C.M.P. (C.I.P.) 45.00 $ 2,250.00 a • m ce m . a • d w Method n Local Forces n State Forces Total Emergency (� y Contract Repair Remaining c 0 a' m O N _ o a C o C E E C, a Estimated Preliminary Engineering ' Method TO Local Forces n State Forces O Permanent Repair Contract R°e�storatio nent _ Environmental Assessment Recommendation Rightof-Way ,'Not Required' 0MajorAdMn EINonmakxAdion TOTAL ESTIMATED COST $ 80,619.50 Recommendation FHWA Ineer Date Sj Eligible In '�" L eligible ///Y/97 ComourTenee ShM E ��`` � ��//�� Date "° ! Gt/ Gam-«L R �v/ Concurrence pa (� aid o79 v ' 'Fes 1-1 NoAH..-r 98009,1 .("O/0.2 D/ 3 a. • ^6 r. ::f w ,A n4> 'y r; 38009,1 - , 1&DC�� c2i / z-9 2 _ _ a - fr,.,- to L tri. oil .Of fSi ¢ �i' at m fa" a itir rt: 13 Yt ' la amorm R � 1 C � f iiif, . / R a I o .�/ i As jilt -3 1. if.�,. ' F k' Y 5 m , la tO la et d • � } f lIi fA y ,t,-,,k,1 r- T w t , t____?\___ ill I /I is 1,94 1 -1 h' Cli ./ s IU 1 >Th r ' � € f 9 . ; STATE OF COLORADO DEPARTMENT OF TRANSPORTATION r a OT 1420 2nd Street Greeley,Colorado 80631 ramommmmamm_ (970)353-1232 January 14, 1998 ER R400-063 Emergency Flood Repair Wayne Howard WCR 37, 22 , & 129 Civil Engineer Weld County Subaccount 11991 P.O.Box 758 Greeley, CO 80632 Dear Wayne: Enclosed are four executory copies of the contract for the captioned project. One copy is for your review and comments or file until you receive the fully executed contract. Three copies are to be signed by the person authorized to sign for the city. Do not date the first page. Return the three signed copies to me for State action. One fully executed copy will be returned to you for you files. If you have any questions please call me at 350-2147 . Thank you. Sincerely, hn E. Kessenich, Project manager jek Enclosures cc: file 7.4 01'✓. .stio,91,,I v; 9E8009,'< Hello