HomeMy WebLinkAbout20151432.tiff RESOLUTION
RE: APPROVE RETROACTIVE AGREEMENT TO VALIDATE SERVICES PROVIDED ON
AN EMERGENCY BASIS TO MITIGATE 2013 FLOOD DAMAGE AND AUTHORIZE
CHAIR TO SIGN - ASPHALT SPECIALTIES COMPANY, INC.
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 a Retroactive Agreement to Validate
Services Provided on an Emergency Basis to Mitigate 2013 Flood Damage between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Office of Emergency Management, and Asphalt Specialties Company, Inc.,
commencing September 21, 2013, and ending September 27, 2013, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Retroactive Agreement to Validate Services Provided on an
Emergency Basis to Mitigate 2013 Flood Damage between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Office of Emergency Management, and Asphalt Specialties Company, Inc., be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
Pio p '� 2015-1432
CC •CA; 1 —1 BC0045
EM0016
RETROACTIVE AGREEMENT TO VALIDATE SERVICES PROVIDED ON AN EMERGENCY
BASIS TO MITIGATE 2013 FLOOD DAMAGE AND AUTHORIZE CHAIR TO SIGN-ASPHALT
SPECIALTIES COMPANY, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of May,A.D.,2015,nunc pro tunc September 21,2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:L �� EXCUSED
CC!l. +s�L/ Barbara Kirkmeyer,Chair
Weld County Clerk to the Board
OOH � Mike Freeman, Pro-Tem
BY. (V
6k)
D ty Clerk to the B and EXCUSED
Sean P.C.r way
APPROVED AS TO FORM: � I"Ilez £ •
ie A.Cozad
County Attorney
,'.eve Moreno
Date of signature: 0 ®U IWS
2015-1432
BC0045
EM0016
ROBERT J. FRICK
1861 - WELD COUNTY ATTORNEY
gra
DEPARTMENT OF LAW
Assistant County Attorneys
Bob Choate * Mari Deminski * Linda Goff * Tomi Hanson
T Y Frank Haug * Amanda Larson * Thomas Joaquin * Brad Yatabe
May 18, 2015
Re: Asphalt Specialties Co., Inc. Retroactive Agreement
This retroactive agreement has been drafted solely for purposes of obtaining reimbursement for
the work done by Asphalt Specialties Co., Inc., at the request of Weld County, to mitigate flood damage
during the September 2013 flood. Due to the emergency nature of the event, a written contract was
not executed at the time the work was agreed upon . The retroactive agreement very specifically does
not impose any additional obligations for either party to the retroactive agreement and its purpose is to
memorialize the original agreement. This retroactive agreement was discussed with the Board of
Commissioners at a work session on Monday, May 11, 2015.
Brad Yatabe
Assistant Weld County Attorney
2015-1432
"Providing quality legal services to Weld County Government in
a responsive, innovative, and cost-effective manner. "
General Services Division Human Services Division
1150 "O" Street — P. O. Box 758 315 N. 11th Avenue — P. O. Box A
Greeley, CO 80632-0758 Greeley, CO 80632
Phone: (970) 356-4000 * Facsimile (970) 352-0242
RETROACTIVE AGREEMENT BETWEEN ASPHALT SPECIALTIES CO., INC., AND THE
BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, COLORADO, TO
VALIDATE SERVICES PROVIDED TO WELD COUNTY ON AN EMERGENCY BASIS TO
MITIGATE 2013 FLOOD DAMAGE
This Retroactive Agreement is entered into this cO1"day of RAY , 2015, by
and between Asphalt Specialties Co., Inc. ("Asphalt Specialties"), whose address is 10100 Dallas
St., Henderson, CO 80640, and the Weld County Board of Commissioners ("County"), whose
address is P.O. Box 758, Greeley, CO 80632, solely for the purpose of providing validation to
FEMA, the State of Colorado, and any other relevant government entity or agency, that Asphalt
Specialties performed contract work for County on an emergency basis to mitigate flood damage
posed by the September 2013 flood.
RECITALS
WHEREAS, high levels of rainfall in September 2013 resulted in widespread flooding
within Weld County and other areas of Northern Colorado, and
WHEREAS, such flooding was extreme in nature and caused extensive property damage
and posed a grave danger to the residents of Weld County, and
WHEREAS, in an effort to mitigate such damage and danger, County verbally contracted
with Asphalt Specialties to conduct work on an emergency basis on property located at 219
Highway 52, Erie, CO 80516, and
WHEREAS, Asphalt Specialties was contracted to construct a berm to protect
neighborhoods downstream of Boulder Creek, and
WHEREAS, due to the emergency need for the services provided by Asphalt Specialties
occasioned by the flood, County and Asphalt Specialties agreed to proceed with the work in the
absence of a formal bidding process or written contractual agreement, and
WHEREAS, construction activities by Asphalt Specialties occurred from September 21
through September 27, 2013, and
WHEREAS, in September 2013, Asphalt Specialties fully performed the work for which
it was contracted and County subsequently fully paid Asphalt Specialties for the work
performed,
WHEREAS, in order for County to qualify for reimbursement of the amount paid to
Asphalt Specialties, FEMA and the State of Colorado are requesting this Retroactive Agreement
memorializing the previously made and fully performed agreement between County and Asphalt
Specialties.
NOW THEREFORE, the parties understand and agree as follows:
1. The above Recitals are incorporated herein as if set forth in their entirety.
2. The services and materials provided by Asphalt Specialties to County in September 2013.
and the costs therefore,are described in Exhibit A,Application and Certification for
Payment,attached hereto and incorporated by reference. The total amount charged to
County,and paid for by County,was$186,982.36,as set forth in Exhibit A.
3. The term of this Retroactive Agreement was from September 21.2013,through
September 27,2013.
4. By signing this Retroactive Agreement,Asphalt Specialties certifies that it provided the
services and materials set forth in Exhibit A and County certifies that it paid Asphalt
Specialties$186,982.36 in return for such services and materials.
5. County and Asphalt Specialties mutually acknowledge that the other party has fully
performed their obligations pursuant to the agreement made in September 2013,
and no further services,payment,or obligation of any kind is due under the original
agreement. Furthermore,this Retroactive Agreement in no way creates any
continuing or new obligation and its sole purpose is to memorialize the original
agreement for purposes of County seeking reimbursement for the amount paid to
Asphalt Specialties.
[N WITNESS WHEREOF,the parties hereto have executed this Retroactive Agreement
on the day and year first above written.
By: Daniel W.Hunt
Title: President
On Behalf of Asphalt Contractors Co.,Inc.
ATTEST: ..„, 0., W, BOARD OF COUNTY COMMISSIONERS
Weld Cou Clerk to the Boar. WELD COUNTY.COLORADO
BY:
Deputy Cl. 3 th '... Mike Freeman, Pro—Tem MAY 2 1?tDla5
361 t
020/- 48 (t)
r.SROVED AS A) F DING• APPROVED AS TO SUBSTANCE:
Controller Elected Official or Department Head
APPR DASTOF • ' fV /Pt
Director of General Services
4/
Count y •
Hello