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Home My WebLink About20150449.tiff Colorado Division of Homeland Security Grant NOI / Application 1/4,j Emergency Management CDBG - DR Recover Colorado Infrastructure Program THIS SECTION FOR STATE USE ONLY DHSEM Identification Number: Colorado Point of Contact: CDBG-DR Program Manager Date NOI (Part A) Received: Colorado DHSEM 9195 East Mineral Avenue, Suite 200 Date Application (Part B) Received: Centennial. Colorado 80112 Office: 720.852.6713 Date Next Steps Letter Transmitted: Fax: 720.852.6750 cdps_dhsem edbg@state.co.us J PART A - NOI : PROJECT OVERVIEW I . Applicant Legal Name: Weld County, Colorado 2. Applicant Type: ✓ Local Government Private Non-Profit (Attach copy of 501c3, if applicable) 3. Project Title: Hoekstra Gravel Pit Facility 4. Proposed Project Total Cost: $ 135,426.00 CDBG-DR-I Request: $135,426.00 5. Certifications: The undersigned assures fulfillment of all requirements of the CDBG-DR Recover Colorado Infrastructure Program as contained in the program guidelines and that all information contained herein is true and correct to the best of my knowledge. The governing body of the applicant has duly authorized the document, commits to the non-Federal and State share identified in the Budget, and hereby applies for the assistance documented in this application. Also, the applicant understands that the project may proceed ONLY AFTER a GRANT AGREEEMENT is approved. Mike Freeman , Pro-Tem Weld County Commissioner (970) 356-4000 Typed Name of Authorized Applicant Agent 17th' Telephone Number nen:it 1 YITZW5 stgl erure :,/ Authorized Applicant Agent Date Signed Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. t�� ao40,,,estedni-s_a7_ � s et : Act, OEM EMoo/ O NI CDRG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI: APPLICANT INFORMATION 1 . Applicant Legal Name: Weld County. Colorado 2. FIPS Code: 123 DUNS Number: 07575-7955 3. U.S. Congressional District: 4th Congressman Name: 4. State Senatorial District: 1 Senator Name: M r. Cory Gardner 5. State Legislative District: 50 Representative Name: Mr. Ken Buck 6. Primary Point of Contact: The Primary Point o f Contact is the person responsible for coordinating the implementation of this proposal, if approval is granted. \1� \Ir. V Mrs. In First Name: Roy Last Name: Rudisill Title: Director Organization: Weld County Office of Emergency Managemc Street Address: 1 150 O Street City: Greeley state: Colorado Zip Code: 80631 Telephone: ly f u )iud I a\ : (y f U )iib- / 16 Mobile: (9 (U ) J5 " -U E-mail Address: rrudisill(a�Co .weld . co 7. Alternate Point of Contact: The Alternate Point of Contact is the person that can address questions or concerns in the Primary Point of Contact's absence. \k. ✓ \lr. MI 4-1 First Name: Barb Last Name: Connolly Title: Controller Organization: Weld County Accounting Street Address: 1150 O Street City: Greeley State: Colorado Zip Code: 80631 Telephone: (yf tJ )iq6 I \ : k f u )iOO- t Ib Mobilc : E-mail Address: bconnoily(a�co.weld . 8. Application Prepared b) : Ms. li Mr V Mr s II First Name: Kyle Last Name: Jones Title: Planner Organization: ARCADIS-US Street Address: City: Tallahass( State: FL Zip Code: 32309 Telephone: (bDU )o I., \: Mobile: ,115 ) 2UZ-3 E-mail Address: kyle. ionesarcadis- 9. Authorized Applicant Agent: Ms. O Mr. Mrs. IN First Name: Barbara Last Name: Kirkmeyer Title: COMMiSSi4 Organization: Weld County Street Address: 1150 O Street City: Greeley State: Colorado Zip Code: 80631 Telephone: c u006 E. x: Mobile: E-mail Address: bkirkmeyer(C7co.welc The Authorized Applicant Agent MUST be the chief executive officer, mayor, etc. This person must be able to sign contracts, authorize funding allocations or payments, etc. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 2 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI : PROJECT DESCRIPTION & NATIONAL OBJECTIVES MET 1. Project — Eligible Activity Description: Describe the proposed project. Explain how the proposed project will address recovery and/or resilience needs in your community either independently or as part of a larger project. Include a description of the desired outcome and the recovery objective(s) to be achieved. This narrative should describe the CDBG-DR Eligible Activity. This project will utilize funding from CDBG to be applied towards the costs for the repairs to be made to the Hokestra Gravel Pit Facility. This facility services the entire county and and supplies gravel for building and repairing roadways . This facility incurred severe damage from the flooding event which caused extensive damage to the gravel pit construction site and was identified under PW WELCO13 . A Change Order No . 1 was amended on April 9, 2014 to remove all of the items that were agreed upon as the contractor's responsibility . The Amendment to Change Order No . 1 removed $767 , 118 . 27 from the original work order leaving the County's remaining cost for the repair to the facility at $ 135 ,426 .43 , which is being requested for funding through CDBG . The revised request total will address the work that represents a change in site conditions and additional work that had to be performed by Hall- Irwin in order to repair the flood damages at the Hokestra Gravel Pit Facility site . 2. Site / Physical Location: Describe the area(s) affected/protected by this project, including location by complete street address and longitude and latitude (coordinates in decimal degrees). The Hoekstra Gravel Pit Facility is located at a Lat/Long coordinates of (40 . 1729; - 104 . 97672 ) 3. Population Served: Briefly describe the demographics of the population served or protected by this project. Include the percent of the overall community population benefiting from this project. Explain your response. The majority of the population would benefit indirectly from this Project, because this facility supplies the gravel and materials county-wide for building and repairing the local roadways . The population benefiting from this Project will include an LMI level population percentage that will be indirectly impacted through this project. This NOI Project will benefit a large percentage of County and demographic area because it is a critical asset in Weld County . The demographics of the County include : White : 67 .6% , Hispanic: 28 . 3% , Other: 1 .6% , Asian : 1 . 3% , Black : 0 . 8% , Native American : 0 .4% . Weld County consists of 99, 317 househo ds with a median househo d income of $56. 589 and :he maiori`v of We d Coun_v iv 4. Priority of this Project: If you are submitting more than one CDBG-DR Infrastructure NOI, what is the relative priority of this project? Please indicate the priority as: Priority # of## Projects Submitted. Priority 27 of 36 Projects Submitted . Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 3 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergent.) Management PART A - NOI: CDBG-DR FUNDING QUALIFICATIONS Community Development Block Grant — Disaster Recovery (CDBG-DR) funding can be approved for a project in which ALL of the following requirements are met The physical location of the activity must be within a county listed in Table 1 of the program Recover Colorado Infrastructure Grant Program Guidelines (Guidelines). 1. Connection to Disaster Recovery CDBG's Disaster Recovery funds must be used for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation from future damages.. The activity must show a direct link to damages received during one or more of the events listed in Table 1 of the Guidelines. Please provide a brief explanation of how the proposed acquisition activity: ( 1) was a result of the disaster event; (2) will restore infrastructure or revitalize the economy; or will (3) mitigate future damages. On September 12 , 2013, the Saint Vrain River, Rural Ditch . and Last Chance Ditch over-topped and spilled into the Hokestra Gravel Pit site . Water from the Last Chance Ditch continued to flow into one of the cells for several weeks after the flooding event. The Hokestra Gravel Pit site is composed of several cells . Weld County was in the process of /\- \'\\ / - \.- /. 4 b./1 • I/1 . I /\1 ., I\!\114 f�\ ♦ \ I/%�r\ . l\ /\ -/1 r, T I.. /\ .-/\ _- .-I\ C - /\ III\ /1e. /1 .-/\ I.. /\ 1 n /V .. I\ Y\\ I/\ .•T r\ 4 f i\ 2. Compliance with National ObjectiN es State recipients receiving allocations under the CDBG-DR program must certify that their projected use of funds will ensure, and maintain evidence, that each of its activities assisted with CDBG-DR funds meets at least one of the three National Objectives. a) Which of the National Objectives are met by proposed project? ✓ I Will benefit low and moderate income (LMI) persons; or Will aid in the prevention or elimination of slums or blight; or ✓ Is an Urgent Need in which meet community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. b) How will the proposed project meet the above checked National Objective(s). See attached LMI data for the Project. In addition to the LMI data attached , the State of Colorado (according to ACS 2008-2012 5Y) lists Weld County at a 41 . 0% LMI . In reviewing the data for this Project NOI , the direct LMI level population was 38 .6% . However, that percentage does not accurately capture the entire percentage of the LMI population that will indirectly benefit from this Project from the surrounding service areas. A large percentage of the community will benefit from the construction work to the Hoekstra Gravel Pit Facility due to this Site servicing numerous LMI service areas. It is believed that the service area for Project Site Location will benefit multiple LMI tract sections and thus a higher weighted percentage of at least 50% should be noted for this project due to Nature and Location of the activity that is being estimated and also the accessibility for the Site Locations that will benefit the surrounding areas of Weld County. both directly and indirectly . The LMI Data is broken down into 4 categories : 1 . ) Low Income Persons 2 . ) Low and Moderate Income Persons 3 . ) Low, Moderate, and Medium Income Persons a Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 4 of 20 CDBG-DR Infrastructure :Application Colorado Division of Homeland Security and Emergency Management 3. Compliance with the primary objective. As indicated in the Guidelines: "A proposed project's benefits to LMI persons will be an important factor in evaluating potential infrastructure projects. A total of 20% of the Recover Colorado Infrastructure project funding must benefit LMI persons. Due to the very low percentage of LMI projects submitted in the first round of infrastructure funding, it is estimated that approximately 25% to 30% of the funding available in this second allocation must meet the LMI requirement to make up for the deficit." This section does not need to be completed if the project does not meet this National Objective. The primary objective for using CDBG Disaster Recovery funds is benefitting, by at least 51 percent, persons of low and moderate income. The following section provides the information necessary to complete this requirement. a) Is the proposed activity: / jurisdiction wide Ei specified target area If you checked specified target area, which data source was used? (Note: select the smallest unit of Census data that encompasses your proposed target area.) b) Enter the number of households involved in the proposed project. 99 , 317 c) In the space below, describe how the applicant will comply with the requirement that at least 51 percent of CDBG-DR dollars will principally benefit low- and moderate-income households and persons. Weld County will comply with the 51 % requirement due to the fact that this Infrastructure Project will be conducted around service areas of the county that qualify as LMI and this project will have not only a direct impact on the LMI population , but also an indirect d) Enter the number of households within each income category expected to benefit from the proposed project. Incomes above 80% of the County Median 200 Incomes above 50% and up to 80% of the County Median 465 Incomes at or below 50% of the County Median 805 el Which type of income was used to determine the above? (Check only one) As determined by the American Community Survey (Public Facilities projects) Annual income as defined for Public Housing and Section 8 1,/ Annual income as reported under the Census long form Adjusted gross income as defined for reporting under IRS Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 5 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI: COMPREHENSIVE RISK ANALYSIS INFORMATION 1. Community Hazards Review: Please list and briefly describe in rank order of importance the natural or man-mach hazards in your (the Applicant's) service area. The hazards identified within this Project for the Hoekstra Gravel Pit Facility would be ranked in the following manner: Flood , Erosion and Subsidence . The hazards caused significant damage and posed a severe risk to the community for the designated incident period . This Facility supplies gravel and materials county-wide for building and repairing roadways before , during and after an incident. This Facility was heavily impacted during the designated incident period for FEMA-DR 4145 . 2. High Risk Hazards Addressed by the Project: Describe how, and *degree to which, the proposed project mitigates high risk hazards. Include damage history, source and type of problem, frequency of event(s), and severity of damage information, if available. Hazard 1 Flooding caused the most severe damage to the Hoekstra Gravel Pit Facility. The Site was inundated with flood water which caused extensive damage and required that repairs be made to the site location . Hazard 2 Erosion is a hazard that this Facility Location provides protection and mitigation measures for on behalf of the County as a critical asset. This Facility supplies gravel and materials to local roadways that are impacted and where repairs need to be made . Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 6 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency \lanagement Hazard 3 Subsidence is another hazard that this Facility Location provides protection and mitigation measures against. This Facility supplies gravel and materials to local roadways that are impacted and where repairs need to be made . Note: If your proposed project addresses more than three Hazards, please provide that information as an attachment. 3. Elimination of Risk: Does the proposed project result in the elimination of a hazard from your (the Applicant's) service area? If so, please describe. If not, please estimate the degree to which this project will mitigate the risk from the hazards identified in Item #2. The Hoekstra Gravel Pit Facility Project does not completely eliminate the hazards identified above for the community . However, this Project does allow Weld County to receive funding towards a critical local project that was impacted during the event and that supplies gravel and materials to local roadways before, during and after an incident. These types of hazards that occurred in Weld County and throughout Colorado are truly an act of mother nature and the County was as prepared as it could have been but the severity/duration of the incident was of an unprecedented nature . Weld County cannot eliminate the risk of future flooding , erosion or land subsidence, but Local Officials can ensure that their community is prepared for future incidents, take the necessary precautions and that their o 4. Environmental Quality Improvements: Does the proposed project result in an improvement in the quality of the natural environment in your (the Applicant's) service area? If so, please describe. Yes; work that will be completed at the Hoekstra Gravel Pit Facility will result in an improvement to the environment around the site location and also the community. The work done at the site location will address the repairs that are necessary to continue to provide the essential services it does to the County and its local roadways . Conditions to the environment would be much worse if the Facility does not receive funding and the Sites operations are reduced . 5. Climate Change Improvements: Does the proposed project reduce or ameliorate a projected impact of climate change in Colorado? If so, please briefly describe the benefit of the project. This Proposed Project reduces a projected impact climate change due to the proactive mitigation measures that are being proposed by Weld County . This will be accomplished by ensuring that damaged site location will addressed as soon as possible, and not to sustain any further impacts to the site locations or environment that would enable the damage to enhance the projected impact of any potential climate changes . Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 7 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 6. Community Process: Does the proposed project include a community planning or involvement process that increases community resiliency? If so, please briefly describe the process. The proposed project does include a community planning process that increases resiliency through mitigation measures that the County undertook as a result of the severe flooding incident. The entire community will see impacts from this project upon funding as local roadways will continue to receive the necessary repairs needed for a safe conditions . 7. Reduction in the Costs of Future Response or Recovery: Will the proposed project result in a reduction in the cost of response or recovery from an incident occurring due to one or more of the hazards identified in Item #1 or #2? If so, please briefly describe how response or recovery costs will be reduced. For a small scale flooding incident, yes: however, the flooding that occurred during the designated incident period at the Site Location was catastrophic . 8. Floodplain/Floodway/Substantially Damaged Properties: Does the proposed project include a property or properties located in a floodway or floodplain; or not located in a regulatory floodplain but which were substantially damaged or have a history of damage from at least two disaster events? If so, please identify those properties below. No 9. Mitigation Planning: Does your community have a current FEMA approved multi-hazard mitigation plan? ✓ Yes No Location of proposed project in mitigation plan strategies: Page 139 Section/Part Mitigation Stra Is the community a member of good standing with the National Flood Insurance Program? 1 Yes No Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 8 of 20 Nit -4 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 10. Community Plan Compliance: Does the proposed project comply with and/or address an issue recognized in key community plans? Key plans include, but are not limited to: a Comprehensive Master Plan, a Stormwater Management Plan, a Hazard Mitigation Plans, or key community codes. If so, please describe how the project integrates into the plan(s). Yes; the Proposed Project complies with all local community plans and this Project integrates into the Plans b/c the County is proposing to address the damages to its infrastructure and mitigate against damages that pose a serious risk/hazard to County property and the community during the incident period . All necessary change orders/amendments have been issued for this Project and were pro-actively initiated by Weld County and via this Proposed Project, the County requests that CDBG funding be applied towards the Infrastructure at the Hoekstra Gravel Pit Facility for this Project. 11. Environmental / Historic Preservation Issues: Please describe any significant environmental, historic, or cultural features that may be affected by the project. Please also describe any features that may be improved by the project. All environmental issues are addressed on the previously attached documents as supporting documentation . The significant EHP issues were in regards to the Endangered Species Act ( ESA) and EHP Standard Conditions. All items were addressed and supporting backup documentation can be provided upon request and worked through during Part B of the NOI Application Process . I 2. Permitting: Please list the local, state, and federal permits that will be required to complete this project. Weld County will acquire the proper local , state and federal permits as regulated for construction projects . Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 9 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 13. Community Resilience: Please describe how this project will increase the resilience of your community. As defined in the Guidelines: "Resilience incorporates hazard mitigation and land use planning strategies; critical infrastructure, environmental and cultural resource protection; and sustainability practices to reconstruct the built environment, and revitalize the economic, social, and natural environments." In an effort to achieve resiliency from the severe storms and minimize risk to the general public, Weld County proposes to address severe damage that was incurred to the Hoekstra Gravel Pit Facility during FEMA-DR 4145 . Flood waters inundated the Facility causing extensive damage to the Site Location . This Facility is a critical asset to Weld County and serves as the supplier for gravel and materials to local roadways that need building or repair before , during and after an incident. This Proposed Project will enable the community to recover in an expeditious manner and increase the resilience of the community by incorporating nearly every aspect of sustainability and revitalizing the community. The community was able to recover quicker due to the proactive work done through this Proposed Project. 14. Maps Please attach the following maps with the project site and structures marked on the map. Use SAME ID number as in the Individual Property Worksheets. Flood Insurance Rate Map (FIRM). If the FIRM for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHBM). City or county scale map (large enough to show the entire project area) USGS 1 :24,000 topo map Parcel Map (Tax Map, Property Identification Map, etc.) Overview photographs. The photographs should be representative of the project area, including any relevant streams, creeks, rivers, etc., and drainage areas which affect the project site of will be affected by the project. 15. Additional Comments (Optional): Enter any additional comments related to the proposed project's ability to reduce hazard risk and increase community resiliency. Please see attached the FEMA Appeal Letter for further documentation . All maps are located in project files that were previously submitted and will be provided upon request . lttach any continuation or additional item,. as an Attachment to the electronic application and e-mail submittal. Page H) of 21) CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI: DECISION MAKING PROCESS Decision-Making Process: Describe the process you used to decide that this project is the best solution to the problem. Explain why this project is the best alternative you considered. Address questions such as: • Are you focusing on the area in your community that has the greatest potential for losses? • Have you considered the risks to critical facilities and structures and benefits to be obtained by mitigating this vulnerability? • Have you considered those areas or projects that present the greatest opportunities given the current situation(s) of interest in your community? • Are you addressing a symptom or the source of the problem? Addressing the source of the problem is a long-term solution which provides the most mitigation benefits. • If impacts to the environment, natural, cultural or historic resources have been identified, explain how your alternatives and proposed project address, minimize, or avoid these impacts. The Hoekstra Gravel Pit Facility is a critical asset for Weld County because it supplies the gravel and materials across the community to build and repair the roadways . This Project is for funding from a portion of the damaged to the Facility that was a direct result of FEMA-DR 4145 and the County would like to utilize CDBG funding towards this project because it truly benefits the entire community, both directly and indirectly . This project presents a successful outcome for repairing the damages that were incurred to the Facility as a result of the severe flooding that inundated the site location . 2. Acquisition Projects - Describe the community's methodology for selecting the properties to be acquired in this application and how each is ranked (highest to lowest): N/A Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 11 of 20 CUB(;-DR Infrastructure application Colorado Division of Homeland Security and Emergency \lanagement PART A - NOI: SCOPE OF WORK / BUDGET OVERVIEW / FINANICAL FACTORS 1 . Project Scope: Please provide a comprehensive and detailed description of the scope of the proposed project. Describe each of the project components and the steps necessary to complete that work. If the proposed project is a funding match for another disaster recovery or infrastructure development program, please identify the agency, program funds, and project reference number that CDBG-1)R funding is intended to support. Also describe any critical deadlines that must be met to accomplish this work. On December 16 , 2013 , Weld County issued Change Order No . 1 to Hall Irwin in the amount of $903 , 544 . 69 . The change order included the repair of the damaged slurry walls , repair of a concrete ditch , repair of the clay liner, repair of the bike trail . and the restoration of the south bank of the St. Vrain River. Discussions and site visits with FEMA representatives have occurred several times between January and April . 2014 . As a result of those discussions, FEMA determined that much of the work contained in Change Order No . 1 should have been the Hall-Irwin 's responsibility because their contract contained language in Subsection 107 . 17 stating "Loss , injury, or damage to the contract work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor or acts of God , such as flood , earthquake, tornado , or other cataclysmic phenomenon of nature, shall be restored by the Contractor at no cost to the County." Hall-Irwin and the County acknowledge that the contractor is responsible for the some of the repair work at the Hokestra property. However, Hall-Irwin and the County contend that a portion of the change order should be covered as damage that is reimbursable by FEMA. The portion of the change order that is eligible for reimbursement represents a change in site conditions from what Hall- Irwin originally started with . The specifications for the Hall-Irwin contract include the Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction . Section 104 . 02 and Section 104 . 03 of the specifications address how changes in the site condition and additional work are to be determined . A change in site conditions occurred when the flood event filled the various cells with surface water. Prior to the flood event, Hall- Irwin had pumped the groundwater out of the cells and had started a 90-day leak test to provide the Colorado State Engineer's Office with evidence that the slurry walls and clay liner met the State's rules for a water storage reservoir. Because the cells were filled with flood water, Hall-Irwin had to pump the flood water out of the cells so that the repair work could be performed and the required 90-dav leak test could be restarted . The reauirement to perform the Dumoina before the 2. Community Priority: Please describe why this project is a priority for your organization. This Proposed Project is a priority for Weld County to utilize the CDBG funding towards the necessary repairs needed to the site location as a direct result of the severe flooding incident that caused a change in their progress and original contract for the Gravel Pit Facility . kttach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 12 of 211 CDBC-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 3. Project Cost Summary: Please summarize the major cost components of the project. Please round all values to the nearest dollar. a. Planning / Engineering / Design $ b. Environmental Compliance $ The value of general and/or c. Real Property Acquisition / Demolition • $ professional labor wages must be tabulated in accordance d. Closing Costs / Legal Fees $ with the Davis Bacon Act of e. Housing Program Assistance $ 1931 f. Construction Costs $ g. Project Delivery Costs $ h. Other (specify below) $ 135,426.00 Change Order Amendment i. Total ofa-h $ 135,426.00 j. Duplication of Benefits (if unknown at time of application enter zero). $ 0.00 k. Subtract j. from i. to determine Total Project Cost $ 135,426.00 Notes: Housing Program Assistance costs include the cost of compliance with Uniform Relocation Assistance (URA) and Comparable Housing Assistance (CHA) requirements. Project Delivery Costs include the costs of project delivery by the sponsoring organization but do not include administrative overhead. 4. Total Project Cost Allocations Proposed Project Total Cost: $ 135,426.00 Federal Cost Share: $ 0.00 State Cost Share: $ 0.00 $ 135,426.00 Local Cost Share 5. Basis of Cost Estimate: Briefly describe how the cost estimates listed in #3 above were developed (e.g. lump sum, unit cost, quotation, etc.). The Cost Estimates were developed by the County and they come directly off of the supporting documentation and cost estimates. 6. Project Management: Describe how you will manage the costs and schedule, and how you will ensure successful performance. Upon approval , CDBG funding will be applied towards the costs that Weld County incurred as a result of the severe flooding and the contract changes that followed . Note: The applicant must agree to furnish quarterly reports during the entire time the project is in active status. Quarters end on March 31st, June 30th, September 30th, and December 31st. Reports are due to the State within 15 days after the end of each quarter.) Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 13 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 7. Project Maintenance Requirements: The following questions are to give assurance on the project's maintenance over its useful life. Please answer each question and give a brief explanation. a. If the project involves the acquisition of real property, what is the proposed land use after acquisition? (i.e., Agriculture, Recreation, Vacant Land, Park, Wetlands, etc.) N/A b. Will the project require periodic maintenance? No c. If yes, who will provide the maintenance? N/A U. What is the estimated cost of maintenance on an annual basis'? 0 .00 Note: Cost of maintenance is considered an application prioritization weighting factor. Projects with high maintenance costs have a greater risk of future failure due to deferred maintenance. Therefore, the responses provided above should be as complete and verifiable as possible in order to minimize the likelihood of ranking point reductions due to maintenance • concerns. 8. Additional Comments: Enter any additional comments related to the proposed project's funding, if desired. Weld County requests that the $ 135,426 . 00 total cost for the Hoekstra Gravel Pit Facility been funded through CDBG . 9. Financial / Fiscal Health Factors: Please indicate the total budget (all funds) of your organization. Please describe the impact of disaster recovery efforts to date on this budget. In addition, if this objective is selected based on the local governments inability to finance the activity, the municipality must also include in the application package a resolution stating this fact and supporting documentation such as budgetary information, a description of TABOR restrictions, and the most recent audit report or approved exemption from audit. Weld County's total 2015 budget is $307 ,031 , 089 .00 . The impact of the September, 2013 flooding has primary been on the damage to the county's road and bridge system . The damage has resulted in Weld County having to transfer $5 million from the Contingency Fund to the Public Works Fund in 2013 and in 2014 for a total of $ 10 million dollars . Without assistance from FEMA, FWHA, and CDBG the amount would have several million more . The impact has also forced the county to shift local resources from projects unrelated to flooding to deal with the emergency situations created by the flood in both the 2013 and 2014 fiscal years . Even in 2015 5he county still using local resources to recover from the flooding . Fortunately, Weld County has always been fiscally conservative and budgeted responsibly . Had the county not taken the responsible approach to its finances county service would have had to have been cut to cope with the flood recovery. JALn_C? l nl ant\i nnorpti IInr cr tnn rnnct rnc'rirti 'ci nrnnor-\/ tny irni-o-inn in - nn -r, 'ci Pn it dc0 Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 14 of 20 C'DBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART B - APPLICATION : PROJECT MILESTONES / TIMELINES / TASKS l . "Timeline / Tasks Insert the proposed work schedule as tasks to accomplish the overall goal of the proposed activity (i.e., appraisals, title search, closing, etc.), and provide a description of the task's purpose. This timeline will be used as a measurement tool for progress in the project's implementation and is included in the required Quarterly Reports. Also, FEMA uses the timeline for determining the approved period of performance. It will be the basis used to justify delays or extensions, if necessary, and should be estimated carefully. The first and last entries are state requirements and have already been entered. Task 1 : Grant Process and Environmental Review Timeframe: 3 Months Task 2: Emergency were made to the facility. Completed Repairs p Timeframe: Task 3: Timeframe: Task 4: Timeframe: Task 5: Timeframe: Task 6: Timeframe: Task 7: Timeframe: Task 8: Timeframe: Task 9: Timeframe: Final Inspection Report and Project Closeout Task 10: The Final Inspection Report is a review of the activity's paper documentation. showing the project was implemented as required. Once the review is completed. the 3 Months report and findings will be provided to the grantee for review and concurrence. The Timeframe: State submits the concurrence to FEMA as part of a closeout package to formally "Total Project Timeframe: 6 Months Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 15 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 2. Start Date & Pre-Award Costs: The start date for any project begins upon GRANT AGREEMENT approval by the State Controller. If a different start date or timeframe is needed, provide an explanation below. Also indicate if any pre- award activities or costs have been incurred or authorized. The proposed project is for emergency repair work that has been completed . The repairs for this site began as soon as the flood waters receded and the county crews and Hal Irwin were able to access the site . The initial phase of repairs were emergency in nature and began in September of 2013 and concluded during November of that same year. Please see the attached schedule of values for exact dates and activities. Additionally, cost were incurred through the preparation of this NOI Application . Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 16 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management Please note that Part B is required for the final Application submittal. Part B sections may optionally be completed and submitted with the NOI. Please update any Part A section information when submitting you full Application. PART B — APPLICATION : ENVIRONMENTAL REVIEW 1. Environmental Review Background Information & Environmental Review Worksheet: In accordance with 24 CFR Part 58.22 (see below), all federally funded projects must accomplish an environmental review prior to beginning any work on a project. These HUD regulations are in place for two purposes: 1 . To ensure federal funds are used to place people of low and moderate income in environmentally safe conditions; and 2. To ensure federal funds are NOT used to negatively impact environmental conditions that exist near a project site. Please note the following limitations on CDBG-DR grant activities pending environmental clearance per 24 CFR Part 58.22. (a) Neither a recipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance under a program listed in Sec. 58. 1(b) on an activity or project until HUD or the state has approved the recipient's RROF and the related certification from the responsible entity. In addition, until the RROF and the related certification have been approved, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project under a program listed in Sec. 58. 1(b) if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives. (b) N/A for DOLA/CDPS projects. (c) If a recipient is considering an application from a prospective sub-recipient or beneficiary and is aware that the prospective sub-recipient or beneficiary is about to take an action within the jurisdiction of the recipient that is prohibited by paragraph (a) of this section, then the recipient will take appropriate action to ensure that the objectives and procedures of NEPA are achieved. (d) An option agreement on a proposed site or property is allowable prior to the completion of the environmental review if the option agreement is subject to a determination by the recipient on the desirability of the property for the project as a result of the completion of the environmental review in accordance with this part and the cost of the option is a nominal portion of the purchase price. There is no constraint on the purchase of an option by third parties that have not been selected for HUD funding, have no responsibility for the environmental review and have no say in the approval or disapproval of the project. (e) Self-Help Homeownership Opportunity Program (SHOP). In accordance with section 11(d)(2)(A) of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note), an organization, consortium, or affiliate receiving assistance under the SHOP program may advance non-grant funds to acquire land prior to completion of an environmental review and approval of a Request for Release of Funds (RROF) and certification, notwithstanding paragraph (a) of this section. Any advances to acquire land prior to approval of the RROF and certification are made at the risk of the organization, consortium, or affiliate and reimbursement for such advances may depend on the result of the environmental review. This authorization is limited to the SHOP program only and all other forms of HUD assistance are subject to the limitations in paragraph (a) of this section. (1) Relocation. Funds may be committed for relocation assistance before the approval of the RROF and related certification for the project provided that the relocation assistance is required by 24 CFR part 42. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 17 of 20 4 - - CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management Environmental Review Worksheet Check ALL of the activities listed below that will be included as part of the project, REGARDLESS OF THE FUNDING SOURCE: El information and financial services III Administrative and management activities ✓ Environmental and other studies, resource identification, and the development of plans and strategies ✓ Most engineering and design costs associated with eligible projects yInspections and testing of properties for hazards or defects v 0 Project planning Q ct ❑ Purchase of insurance E > c ❑ Purchase of tools W 2 E ❑ Technical assistance and training yC .2 .S ❑ Interim assistance to arrest the effects of an imminent threat or physical deterioration in which the assistance W c� o does not alter environmental conditions. F. Public services that will not have a physical impact or result in any physical changes[1 p y p p y ' g (e.g., employment, child .u care, health, education, counseling, welfare) O Assistance for temporary or permanent improvements that do not alter environmental conditions and are limited to protection, repair, or restoration activities necessary only to control or arrest the effects from disasters or imminent threats to public safety including those resulting from physical deterioration (Must also complete the Regulatory Checklist at the end of Exhibit IV-A) r TA Operating costs (e.g., maintenance, security, operation, utilities, furnishings, equipment, supplies, staff training z and recruitment, other incidental costs) U 5 0 Relocation costs SI Acquisition, repair, improvement, reconstruction, or rehabilitation when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent _., > ❑ Special projects directed to the removal of material and architectural barriers that restrict the mobility of and ;4 accessibility to elderly and handicapped persons g Acquisition (including leasing) or disposition of, or equity loans on, an existing structure ❑ Acquisition (including leasing) of vacant land provided the structure or land acquired, financed, or disposed of will be retained for the same use El Acquisition, repair, improvement, reconstruction, or rehabilitation when the facilities and improvements are in 9 place, but will change in size or capacity of more than 20 percent > O Acquisition, repair, improvement, reconstruction, or rehabilitation when the facilities and improvements are in place, but will involve a change in land use, such as from non-residential to residential, commercial to :c industrial, or from one industrial use to another II • Demolition TA New construction This checklist must be included with the CDBG application. Please direct questions to the appropriate contact person below: DOLA/DLG DHSEM Steven Boand, State Disaster Recovery Manager Tamra Norton, Environmental Compliance Officer Department of Public Safety Department of Local Affairs Division of Homeland Security and Emergency Management 1313 Sherman Street, Room 521, 9195 E Mineral Ave, Suite 200 Denver, CO 80203 Centennial, CO 80112 303-866-6398 tamra.norton(a.state.co.us 720.852.6713 steven.boand@state.co.us DPS/DOLA USE ONLY: Required level of environmental review: O Exempt O CENST O CESTO EA Reviewed by: Date of Review: Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 18 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 2. Supplemental Environmental Review Information Enter any additional comments related to environmental concerns for the proposed project if desired. Please list and attach any documents or studies that have been prepared that support the Environmental Review Worksheet responses. Any and all environmental issues were addressed prior to the flood and the County has this documentation on file . Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 19 of 20 (Mill-DR Infrastructure \pplication Colorado Division of Homeland Security and Emergency Management PART B - APPLICATION : DETAILED PROJECT BUDGET I . Detailed Project Budget: Please enter or attach a detailed and comprehensive final proposed budget for the project. Please note that CDBG-DR funds may be limited to the amount submitted with the NOI pending the availability of additional funding On December 16 , 2013 , Weld County issued Change Order No . 1 to Hall Irwin in the amount of $903 , 544 . 69 . The change order included the repair of the damaged slurry walls, repair of a concrete ditch , repair of the clay liner, repair of the bike trail , and the restoration of the south bank of the St. Vrain River. Discussions and site visits with FEMA representatives have occurred several times between January and April , 2014 . As a result of those discussions, FEMA determined that much of the work contained in Change Order No . 1 should have been the Hall-Irwin 's responsibility because their contract contained language in Subsection 107 . 17 stating "Loss, injury, or damage to the contract work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor or acts of God , such as flood , earthquake , tornado , or other cataclysmic phenomenon of nature , shall be restored by the Contractor at no cost to the County." Hall- Irwin and the County acknowledge that the contractor is responsible for the some of the repair work at the Hokestra property . However, Hall-Irwin and the County contend that a portion of the change order should be covered as damage that is reimbursable by FEMA. The portion of the change order that is eligible for reimbursement represents a change in site conditions from what Hall-Irwin originally started with . The specifications for the Hall-Irwin contract include the Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction . Section 104 .02 and Section 104 .03 of the specifications address how changes in the site condition and additional work are to be determined . A change in site conditions occurred when the flood event filled the various cells with surface water. Prior to the flood event, Hall-Irwin had pumped the groundwater out of the cells and had started a 90-day leak test to provide the Colorado State Engineer's Office with evidence that the slurry walls and clay liner met the State's rules for a water storage reservoir. Because the cells were filled with flood water, Hall-Irwin had to pump the flood water out of the cells so that the repair work could be performed and the required 90-day leak test could be restarted . The requirement to perform the pumping before the repair work could be performed and the leak test could be restarted represents a change in site condition . An embankment for the concrete ditch had to be constructed because the flood washed away the original embankment that had existed prior to the flood . The absence of the original embankment represents a change in site condition because the concrete ditch cannot be reconstructed without reconstructing the embankment. Finally, an access road had to be constructed so that Hall-Irwin could plug the breach in the southwest and northeast corners of the clay liner. The plugging of the breaches in the clay liner represents a change in site conditions and additional work that had to be performed outside the scope of the original contract. Change Order No. 1 was amended on April 9 , 2014 to rPmnvP all of the itcmc that ‘A/PrP Hall Inivin 'c rPcnnncihilit\i The AmanrimPnt to rhannp nrrIPr O Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 20 of 20 a a a 3 O s a c I v c � O c E ° U _ b O E 9 E a c N Y O O o E 14. ; C s R • E $ $ 0 a c n E v 0 c o i E. • E C O C b Li, C _ V T - E x c y a CE Oa. O 7 O y 3 E t 2 c o O• 0 0 5 m " o `° 2 `c c c _ o • O O 0 0 . i 0 u u u n a v n 2 U O. m in O O O 0 0 D ^y C Co 2 r f - f f O oo2 2 O O J u J J r - .' J 2 J O cO 3 O m CG 0 ..; CO 3 O J 3 O J Q s ▪ 0 o m N J A C C Y .^ C 2 u o -18 a` ✓ n J to O ° o 6 0 O V ry O n 3 9 ` a & 11) n - 0 O J Hokestra Gravel Pit Clay Liner-Slurry Wall Design Build Contract AGREEMENT Hokestra Gravel Pit ClaN Liner-Slurry Wall Design-Build Contract yy�� / r THIS AGREEMENT, made this ��`% — day of tte/Ch l , 2012, by and between Weld County, Colorado, hereinafter called "Owner" and Hall-Irwin Corporation doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: I . The Contractor will commence and complete the following: Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract described in the Invitation for Bids. Bid No. B1200123. 2. The Contractor will furnish all of the material, supplies, tools, equipment. labor and other services necessary for the construction and completion of the Project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten ( 10) calendar days after the date of the Notice to Proceed and will complete the Hokestra Gravel Pit Clay Liner-Slum Wall Design-Build Contract by January 31 , 2014 unless the period for completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of$4,749,222.39. 5. The Contractor clarifications on the bid are listed below. a. Hall-Irwin's slope protection for Cell 2 includes the Applegate design for the north embankment along the St. Vrain River. It is anticipated that the design for the slope protection of the remaining slopes will be a different detail to be determined during the design phase of the project. b. During the sub-drain design, the access of the sub-drain will be coordinated with the Last Chance Ditch and the homeowner. However, any potential costs for easement access with the Last Chance Ditch or the landowner will be a cost to Weld County not the Contractor. c. Itemized proposal cost break-out can be provided to Weld County for future use. d. Hall-Irwin Corporation will handle points of refusal at sections of very hard bedrock by scraping the material vigorously (with excavator bucket) to a 6" depth over 10 lineal foot intervals of trench for 30 minutes to create a key. We will also notify QA personnel, consult with Weld County, log location and extent of refusal. e. Hall-Irwin shall augment any water used during the construction phase with a temporary substitute water supply plan provided and maintained by Hall-Irwin. A copy of the approved Substitute Supply Plan shall be provided to Weld County Public Works project manager. K The pump house construction includes an electrical feed that is expected to come from the electrical service at the Southwest Service Center. 6. The term "Contract Documents" means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Bid Proposal (D) Acknowledgement of Bid Documents (E) Receipt of Addenda (F) Bid Bond (G) W-9 (H) Statement of Qualifications and Subcontractors (I) Anti-Collusion Affidavit (J) Bid Schedule (K) Notice of Award (L) Agreement (M) Insurance Requirements (N) Performance Bond (O) Labor and Materials Payment Bond (P) Notice to Proceed (0) Change Order (R) Certificate of Substantial Completion (S) Lien Waiver (T) Final Lien Waiver (U) Notice of Acceptance (V) Appendix (W) Addenda (X) No. 1 , dated September 14, 2012 (Y) No. 2, dated September 24, 2012 7. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents, or otherwise agreed upon in writing. 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators. successors, and assigns. 9. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR BY C NAME Sean P. Conway NAME / V (Please ypek— l TITLE Chair TITLE V. C-�n �1- / Date OCT 2 9 ADDRESS 30 1 et.v 7-la's/tie L On, 4 torn "Ito t (SEAL) r ,krei A $ (SEAL)\I‘C\ATTEST: • --'� ATTEST: Weld County Cl_ to the board J BY '.-/j - � � ��1 BY 4/4a-7 dC Deputy Cle to the Board (Please Type) TITLE A) f ,ov t. ) 7.9 — , Q<C36- • �-Th HALIR- 1 OP ID : ADR Ak�"`�'" CERTIFICATE OF LIABILITY INSURANCE DATE /24°"�' ' " 10124!12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone• 303-996-7801 NAME CONTACT CRS/Surescape Ins. Services PHOtENo - _ -- -TFAt 6600 E. Hampden Ave. Fax: (Pat, I (NC, No): Denver, CO 80224 EMAIL Erik E. Uiibarri ADDRESS. i _ INSURER(S) AFFORDING COVERAGE - 1 NAIL f INSURER A : The Travelers Companies _ - INSURED Hall-Irwin Corporation INSURER B : Pinnacol Assurance 301 Centennial Drive INSURE C Milliken, CO 80543 ER - . INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER : REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR T TYPE OF INSURANCE ADDL'SUBR-- - POLICY EFF 1 POLTCV EXP - - LTRINSR I*VD POLICY NUMBER ,(MMIDOIYYYY) 1 (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LtMAIr, X DTCO7212M743IND11 12/31 )11 12/31/12 s 300,000 PREMISES{Ea oaundr+cfl CL AIMS-MADE X OCCUR MED EX° (Any one person, S 5,000 PERSONAL h AUV INJURY S 1,000,000 _ GENERAL AGGREGATE 1 2,000,000 GEN'l AGGREGATE LIMIT APPLIES PER PRODUCTS• COMPIOP AGG S 2,000,000 1 POLICY 11—C PRU_ ,lE�T Lot. _ S AUTOMOBILE LIABILITY COMBINED SINGLE ..IMI- (Ea at adorn, S 1,000,000 A X ANY AUI :u DT8107212M743T1111 12/31/11 12/31/12 6KIDILt INJURY (Perpersun} I ALL OWNED — SCHEDULED t AUTOS _ AUTOS norm IIJ,'-n' ((perM trdw l;T S X HIRED AUTOS X NON-OWNED PROPERTr DAMAGE S AUTO . (Per accident) S X UMBRELLA LIAR X orcIjR EACH OCCUPRENCF S 5,000,000 A �j EXCESS UAS CLAIMS.MADE DTSMCUP7212M 743TIL11 12/31/11 12/31/12 AGGREGATE s 5,000,000 DEP X PETEWTION $ 10,000 I 1 WORKERS COMPENSATION WC STATLI. ' , ",Tr M C EMPLOYERS' LIABILITY YIN X TOR" LIMITS_ EF B ANY PROPRIETORIPAR1NER E*ECImVE 4021105 01/01/12 01/01113 E - EACH ACCIDENT S 500,000 OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) E - DISEASE EA EMPLOYEE 1 500,000 It Yes descnbe unUNi - -- EESCRIPTIIN O< OPERATIONS below E _ DISEASE - PCLICI LIMIT 1 500,000 A 'Rented Equipment OT660990X1144T1L12 01/01/12 01/01/13 Limit: 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEI{CLES (Attach ACORD 101. Additional Remarks Schedule. If more space Is required) RE : Hokestra Gravel Pit Clay Liner-Slurry Wall Project . Weld County , Colorado is included as additional insured on the General Liability with respect to ongoing operations of the named insured for the certificate holder as requirea by written contract . All policy terms , conditions and exclusions apply. CERTIFICATE HOLDER CANCELLATION WELDCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Weld County 1111 H Steret AUTHORIZED REPRESENTATIVE Greeley, CO 80632 I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 41 I . • PERFORMANCE BOND Bond No . 21086835 Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract KNOW ALL MEN BY THE PRESENTS; that HALL- IRWIN CORPORATION (Name of Contractor) 301 Centennial Drive (Address of Contractor) Milliken , Colorado 80543 , hereinafter called Contractor, and a (Corporation, It4%zYdt ltiK Dt fit) THE GUARANTEE COMPANY OF NORTH AMERICA USA (Name of Surety) One Towne Square , Suite 1470 , Southfield, Michigan 48076 (Address of Surety) hereinafter called Surety, arc held and firmly bound unto Weld County. Colorado _ (Name of Owner) 1111 H Street; P. O. Box 758, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of FOUR MILLION SEVEN HUNDRED FORTY*DollarS, (54 . 74 9 , 222 . 3 9 -), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION O u-itS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the -) day of ire/titer, 2012. a copy of which is hereto attached and made a part hereof for the construction of Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract described in the invitation for Bids, Bid No. B1200123 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties. all of the undertakings, covenants. terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void: otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *NINE THOUSAND TWO HUNDRED TWENTY TWO AND 39 / 100 f • PERFORMANCE BOND Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this ; day of OcAk .r , 2012. ATTEST : HALL- IRWIN CORPORATION " 3 Contractor r BY ByX3ie- (Contrac!or) l Secretary (SEAL) Not Applicable 301 Centennial Drive (Witness as to Contractor) (Address) 301 Centennial Drive Milliken , Colorado 80543 (Address) Milliken , Colorado 80543 ATTEST! Not Applicable THE GUARANTEE COMPANY OF NORTH AMERICA USA (Surety) Secretary (SEAL) .,VG.acr , azety_. By 4 By L��14/il $'4' 1i Witness as to Surety EYavid J . He anger Attorney-in-Fact Cynthia M . Burnett 7800 South Elati Street , Suite 100 7800 South Elati Street , Suite 100 (Address) (Address) Littleton , Colorado 80120 Littleton , Colorado 80120 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond, IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. LABOR & MATERIALS PAYMENT BOND Bond No . 21086835 Hokestra Gravel Pit Clay Liner-Slurry Wall Desien-Build Contract KNOW ALL MEN BY THE PRESENTS; that HALL- IRWIN CORPORATION (Name of Contractor) 301 Centennial Drive (Address of Contractor) Milliken , Colorado 80543 . hereinafter called Contractor, and a (Corporation, Rataraizktptbxfl waist) THE GUARANTEE COMPANY OF NORTH AMERICA USA (Name of Surety) One Towne Square , Suite 1470 , Southfield , Michigan 48076 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) I 1 I 1 H Street P.O. Box 758, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of FOUR MILLION SEVEN HUNDRED FORTY NINE THOUSAND TWO HUNDRED TWENTY TWO AND 39/100 Dollars, (S 4 , 749 , 222 . 39 in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the o29 nt day of /71 _ , 2012. a copy of which is hereto attached and made a part hereof for the construction of: Hokesira Gravel Pit Clay Liner-Slurry Wall Desien-Build Contrast described in the Invitation for Bids, Bid No. B 1 200123 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including alt amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work. and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void: otherwise to remain in full force and effect. • PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension oftime. alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. LABOR & MATERIALS PAYMENT BOND Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this ael"" day of . 2012. HALL- IRWIN CORPORATION ATTEST : e040 �: ntra r By � . By (Contractor) Secretary (SEAL) Not Applicable 301 Centennial Drive (Witness as to Contractor) (Address) 301 Centennial Drive Milliken1 Colorado 80543 (Address) Milliken, Colorado 80543 ATTEST: Not Applicable THE GUARANTEE COMPANY OF NORTH AMERICA USA (Surety) Secretary (SEAL) PH,16/1"--7.- _ By h/�ri/ � By ii, • c Witness as to Surety David J . H ger � Attorney-in-Fact Cynthia M . Burnett G' 7800 South Elati Street , Suite 100 7800 South Elati Street , Suite 100 (Address) (Address) Littleton , Colorado 80120 Littleton , Colorado 80120 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. • - • I I • TEC&ARn OTC THE GUARANTEE COMPANY OF NORTH AMERICA USA KofatIAWESIGuNA Southfield. Mteltizan el K 2 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS That THE GUARANTEE COMPANY OF NORTH AMERICA USA. a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield Michigan does hereby constitute and appoint Douglas J. Rut/wv, Cynthia M. Burnett, Erik tlliharri Sure cape Insurance Services, LLC its true and lawful attorney(s►-in-fact to execute seal and deliver for and on its behalf as surety. any and all bonds and undertakings contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed. required or permitted by law. statute. rule regulation contract or otherwise The execution of such instrument(s) in pursuance of these presents. shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office The Power of Attorney is executed and may be certified so and may oe revoked. pursuant to and by authority of Article IX. Section 9 03 of the By•Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA al a meeting held on the 31 'l day of December 2003 The President, or any Vice President acting with any Secretary or Assistant Secretary. shall have power and authority 1 To appoint Attorney(s)-in-fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof, and 2 To revoke at any time any such Attorney-in-fad and revoke the authority given except as provided below 3 In connection with obligations in favor of the Kentucky Department of Highways only it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31 .' day of December 2003. of which the following is a true excerpt RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF. THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 18th day r''"te` °44 of January 2011 CI - 1 THE GUARANTEE COMPANY OF NORTH AMERICA USA Rtle. 00, l J ,) V ,fft--, _ __ 4.----_, / m STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 18th day of January 2011 before me came the individuals who executed the preceding instrument. to me personally known and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA. that the seal affixed to said instrument is the Corporate Seal of said Company. that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company ,..---�,, Cynthia A Takar IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee . '�'`. "' Notary Public. State of Michigan Company of North America USA offices the day and year above written " :'"`'1"" - County of Oakland My Commission Expires February 27, 2012 /Z • Acting m Oakland Countyeer a I. Randall Musselman. Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA. do hereby certify that the above and foregoing is a true and (time( ccpy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA. which is still in full force and effect !N WIVES^S WHEREOF I have thereunto set my hand and attached the seal of said Company this day of I tr (L:yrG 4 ) Randall Musselman, Secretary . ; NOTICE OF AWARD Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract To:_ Hall-Irwin Corporation Attention: Ed Lafferty 301 Centennial Drive Milliken, CO 80543 Project Description: The project, Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract, in general consists of a contract for the design and turnkey construction of slurry walls, clay liners, return flow ditches, and miscellaneous construction activities at the Hokestra Gravel Pit. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of$4,749,222.39. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 22nd day of October. 2012 Weld County, Colorado, Owner kt-st;ti By Clay ICimmi, P.E., CFM, Drainage & Floodplain Engineer ACCEPTANCE OF NOTICE ,,pp Receipt of the above Notice of Award is hereby acknowledged by /ALL -.4 t4.•.--.J Go s., pt.,' 7-7 4..) (Contractor) Dated this 1 3nit° da of dc- n 4 s 2 , 2012 By: Title: V e O` �/ ... C ‘. NOTICE TO PROCEED Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract To: Hall-Irwin Corporation Date: October 31, 2012 Attention: Ed Lafferty 301 Centennial Drive Milliken, CO 80543 Name of Project: The Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract described in the Invitation for Bids, Bid No. B1200123 You are hereby notified to commence Work in accordance with the Agreement dated October 29, 2012. The date of completion of all Work is therefore January 31, 2014. Weld County, Colorado, Owner By Clay Ki i, P.E., CFM Drainage & Floodplain Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (r - 1 244/e4 1 cpoti.4 r lo.J (Contractor) Dated this 5 ' day of_ N°41 M Q s +i' , 2012 By - Tide "Liu tcr /14 aa a1 .� Amendment to Change Order No. 1 AMENDMENT TO CHANGE ORDER NO. 1 THIS AMENDMENT TO CHANGE ORDER NO. 1 is made this 7 ` day of _, 2014, is by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to as "County," and Hall-Irwin Corporation, whose address is 301 Centennial Drive, Milliken, Colorado 80543, hereinafter referred to as "Hall-Irwin." WITNESSETH: WHEREAS, on October 22, 2012, County accepted a bid from Hall-Irwin regarding Bid B1200123, for the design and construction of the Hokestra Gravel Pit slurry walls, clay liner and other infrastructure, entering into a document entitled, "Contract Bid Documents and Specifications for the Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract (Bid B 1200 1 23)" ("the Contract"), and WHEREAS, said design and construction by Hall-Irwin proceeded thereafter until the flood event which occurred September 11 - 13, 2013, when damage occurred to the Hokestra Gravel Pit slurry walls, clay liner and other infrastructure, and WHEREAS, in response to said flooding and consequential damage, County and Hall- Irwin entered into Change Order No. 1 to the Contract ("Change Order 1 "), wherein Hall-Irwin agreed to perform the work necessary to repair the damage to the Hokestra Gravel Pit slurry walls and clay liner, and to perform additional work and be paid by County to do so, and WHEREAS, the "Project Special Provisions" section found on page 66 of the Contract includes a modification to Subsection 107. 17 of the Colorado Department of Transportation, 2011 Standard Specifications for Road and Bridge Construction and the State Engineer' s Guidelines for Lining Criteria for Gravel Pits, being the following: Subsection 107. 17 - Delete the third paragraph beginning with "Loss, injury, or damage to the contract work..." and replace with the following: "Loss, injury or damage to the contract work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor or acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon of nature, shall be restored by the Contractor at no cost to the County." WHEREAS, County and Hall-Irwin have agreed the language in Subsection 107. 17 of the Contract obligates Hall-Irwin to perform the work necessary to repair the damage to the Hokestra Gravel Pit slurry walls and clay liner; however, certain work will need to be performed by Hall-Irwin and paid for by County, thereby necessitating an amendment to Change Order 1 , and (/ : p - Fcuieit C kiX 20 \ Z — Z- 23 Co eu : fU - , MW 4- n. ‘4 EGOO (� � WHEREAS, certain work included in Change Order 1 needs to be deleted therefrom as it has nothing to do with the repair of the Hokestra Gravel Pit slurry walls and clay liner due to the flooding. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend Change Order I as shown in the attached Exhibit "A," and as follows: 1 . Change Order 1 Work Items to be Performed by Hall-Irwin At Its Cost: Change Order 1 work items numbers 1000, 1010, 1020, 1040, 1050, 1060, 4000, 4020, 4030, 4040, 4050, 4060, 5030, 5040, 5050, 6010, 6020, and 6030 shall be performed by Hall-Irwin at its cost. 2. Change Order I Work Items to be Performed by Hall-Irwin But Paid by County: Change Order 1 work items numbers 1030, 3000, 3010, 3020, 4010, 4020R, 4030R, 5000, 5010, 5020, and 6000 and work items under the "September Flood Remediation Work" shall be performed by Hall-Irwin but paid for by County. 3. Work Items to be Removed from Change Order 1 : Work items under the designation "Saint Vrain South River Bank Restoration" and "Topsoil Reclamation" (work order item 7000) and " 10' Concrete Trail"(work order items 2000, 2010, 2020, 2030) shall be removed from Change Order 1 . 4. Other Provisions of Contract Remain the Same: All other provisions set forth in the Contract shall remain the same. 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RS col 0 c Ja n' .0 _Q, = -C c v u a) a• ra aJ c c rt = F a CO - �' 9--- vt vi a �, "� x aJ > c o Q c �, v CC t- �„ .n CU— > CC c co 0 3 CO C C W . , I __ - t diS 8 > a_ a J a = \ a o \ an 2 u F 2 % ] o ›- '-•• 4 \ = m23 ® 77 ® 73 \ = g g 8 k 2 re CC 2 n m O > a & 5 I u 5 t a ` g 2 S % w u t . , 5.. 71 ' ± 2 2 .6 c ] 6 = § 2 a = = c CJ O Q \ 2 E 0 m o E § m o E § A ITS 4-, / 3 \ \ 5 0 \ § 44 0 u w / > \ az o u — a W ® % S Q 7 \ 'n / / al 2 5 C c > \ 2 \ « 7 17 3 f al / a 2 7 = ® 2 ) & ° ® Sa ! ° 2 as 0 / ° 2 E \ t e : _ E a \ / 2 \ ' 7 / \ \ k 7 D / y o c ® _ _ / } 2 & S / § u c / u ° cu . • ec ?al re \ cu c k \ cc > \ C 0 O O 0 O o % 3 o \ / \ Illni & I ' ® q / in I A in I'', rJ / 0 \ / q q 0 c5 C ? 2 / 2 / / E 0 c q oci ci o a $ % i 7 V) et § In N.In in7 M u •t � _ a / \ / — U # I Cr ill ea / en : Q c _ § \ - \ ) - \ 7 I- E % Q. \ cr \ \ / \ CJ \ o \ a E $a; Lei RECEIVED DEC 1 1 2013 WELD COUNTY COMM S :)NERS TrE � MEMORANDUM v � i• - T Y "� U '�- -�'- TO: Clerk to the Board DATE: December 11 , 2013 FROM: Clay Kimmi, Public Works Department SUBJECT: BOCC Agenda Change Order No. 1 for the Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract with Hall-Irwin Construction in the amount of $903,544.69. Bid #B1200123 One Change Order No. 1 is attached. • M : \Francie\AGENDA memos\kgendaClayF immi . docx ce0/a- 2e3P / 74.9 / aceE6 006,4 �� Mb' MEMORANDUM 1 e TO: Rose Everett, Purchasing DATE: December 11 , 2013 FROM: Clay Kimmi, P.E. , CFM, Public Works COLORADO SUBJECT: Bid Number 81200123, Hokestra Gravel Pit Clay Liner - Slurry Wall Design-Build Contract Hall-Irwin was awarded the contract to design and construct the Hokestra slurry walls, clay liner, and other infrastructure in October 2012. In September, 2013 flooding along the St. Vrain River caused flood damages to the Hokestra property. Damages included scour of the slurry walls, scour of the clay liner, scour to an existing wetland . scour to the riverbank, destruction of the concrete Rural Return Flow Ditch , and destruction of the bike trail along the river. On November 26 , 2013, the BOCC returned a pass around that approved the recommendation to issue a change order to Hall-Irwin to repair the flood damages. The cost of the change order is $903,544.69. The backup documentation provided to the BOCC has been attached to this memorandum. Weld County Public Works recommends that the change order be approved in the amount not to exceed $903,544.69. Email & Original: Rose Everett, Purchasing pc: Hokestra Pit File cc: Dave Bauer, Public Works Page 1 of 22 M:',Clay\GravelPits\Hokestra\Slurry Wall Designl6id Documenls\Hokestra Pit Slurry Wall Change Order Recommendattion.dee "?O55 c- �cocn c1 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/ WORK SESSION REQUEST RE: Change Order for Flood Repairs at the Hokestra Gravel Pit DEPARTMENT: Public Works DATE: November 22. 2013 PERSON REQUESTING: Clay Kimmi and Dave Bauer Brief description of the problem/issue: The September 2013 floods caused damages to the Hokestra property including the two slurry walls, clay liner, concrete Rural Return Flow Ditch, the unused bike path, wetlands, and riverbank. Before the project can resume and be completed, the flood damages to the ditch, slurry walls, and clay liner need to be repaired. In order to protect the Hokestra project from future flood damages, the river bank needs to stabilized and the wetland needs to be repaired. The unused bike path can be repaired at the discretion of the Board. Base Tactical has informed Public Works that the repair work is a reimbursable expense from FEMA. Public Works has communicated and worked with Base Tactical to prepare a summary of damages and a plan for permanent repairs. The contractor who is constructing the slurry walls, clay liner, and ditches has prepared an estimate for the repair work. The estimate to repair the flood damages and return the site to the condition that existed before the flood is approximately $900,000. According to Base Tactical, the contractor could be authorized to do the repair work with a change order to the existing contract. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Option 1 : Approve the change order for flood damage repairs in order to protect Weld County's investment in the slurry walls and clay liner. Without repairing the flood damages to the concrete ditch, the two slurry walls, and the clay liner, the Hokestra project cannot be completed. Repairs to the wetland and to the riverbank will help protect the County's investment in the conversion of the gravel pits to water storage. Option 2: Do not approve the change order. The Hokestra project cannot be completed and the County will not be able to maximize the investment. Without repairing the ditch, the County will have no conveyance system to return augmentation water to the river. Recommendation: Since the change order is a reimbursable expense for flood recovery, Public Works recommends that the BOCC sign the change order and authorize Hall-Irwin to begin repairs on the project. Approve Schedule Recommendation Work Session Other/Comments: William F. Garcia, Chair t/ Douglas Rademacher Sean P. Conway Mike Freeman mee Barb Kirkmeyer { Description of Damage On September 12, 2013, the Saint Vrain River, Rural Ditch, and Last Chance Ditch overtopped and spilled into the Hokestra Gravel Pit site. Water from the Last Chance Ditch continued to flow into one of the cells for several weeks after the flooding event. The Hokestra Gravel Pit site is composed of several cells. Weld County was in the process of converting the various cells to water storage. There are 5 cells that are being converted to water storage. Cells 3, SE-1 , and Page 1 of 20 M;\Clay\GravelPits\l Iokestra\Slurry Wall Design\Flood Repair\Passaround to repair Hokestra Flood Damages.doc CHANGE ORDER NO. 1 Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract Date: i . /iolfj Project: Hokestra Gravel Pit Clay Liner-Slurry Wall pgslgn-Build Contract described in the Invitation for Bids, Bid No. B1200123 Owner: Weld County. Colorado Contractor: Hall-Irwin Construction The following change is hereby made to the Contract Documents: Repair of flood damages due to the September 2013 flood including: • Repairs to the Clay Liner as described in the attached cost estimates • Repairs to the South Slurry Wall as described in the attached cost estimates • Repairs to the North Slurry Wall as described in the attached cost estimates • Repairs to the Rural Ditch Return Flow Ditch as described in the attached cost estimates • Repairs to the concrete trail as described in the attached cost estimates • Repairs to the wetland slough as described in the attached cost estimates • Repairs to the south side of the St. Vrain River bank as described in the attached cost estimates • Topsoil replacement as described in the attached cost estimates • General site repair as described in the attached cost estimates CHANGE TO CONTRACT PRICE: Original Contract Price: $ 4,749,222.39 Current Contract Price adjusted by previous Change Order: $ 4,207,226,57 The Contract Price due to this Change Order will be increased by: $__ 90,544.69 The new Contract Price, including this Change Order, will be $ 5,110,771.26 CHANGE TO CONTRACT TIME: The Contract Time will be increased by 120 calendar days. The date for completion of all Work will be May 31 . 2014 RECOMMENDED: 7Th - t /,3 Owner Representative: Date: O, Engineer: C• gvi a./ Date: /2l/O //3 APPROVALS: Contractor _ G//flL. L asd.ad rni° Date: lZ yn3 Owner ._— Date: DEC 1 6 2013 &o19 - as 6 Description of Damage On September 12, 2013, the Saint Vrain River, Rural Ditch, and Last Chance Ditch overtopped and spilled into the Hokestra Gravel Pit site, Water from the Last Chance Ditch continued to flow into one of the cells for several weeks after the flooding event. The Hokestra Gravel Pit site is composed of several cells. Weld County was in the process of converting the various cells to water storage. There are 5 cells that are being converted to water storage. Cells 3, SE-1 , and SE-2 were surrounded by a soil-bentonite slurry wall (South Slurry Wall). Cell 4 was surrounded by a soil-bentonite slurry wall (North Slurry Wall). Cell 2 was in the process of being lined with a clay liner (Clay Liner). There was also a concrete return flow ditch (Rural Ditch Return Flow structure) that had been constructed to convey water from the Rural Ditch into the North and South Slurry Walls. The return flow ditch extended from the Rural Ditch headgate to the Saint Vrain River. Flood damages to all of the above mentioned structures were sustained. The South Slurry Wall sustained damage to the southeast corner of the wall when the Rural Ditch overtopped and breached into the pit (see Sheet C-05). The North Slurry Wall sustained damage from the Saint Vrain River when it came out of its banks and flowed into and out of the cell. The majority of the damage to the slurry wall occurred in the northeast corner (see Sheet C-04). The slurry wall cap was eroded away and approximately the top foot of the slurry wall was washed out. In order to prevent the water that was flowing out of the cell after the flood waters receded from causing further damage to the slurry wall, the contractor was authorized to pump the water level in the cell down to a level below the top of the slurry wall. The Clay Liner sustained damage when the Saint Vrain River came out of its banks and the Last Chance ditch overtopped its banks and flowed into the cell. The majority of the damage happened in the northeast and southwest corners of the pit (see Sheet 2). The corners where the pit was breached were severely eroded by water flowing into the cell. The flowing water eroded into the clay liner. In addition to damage to the clay liner, the protective layer of material around the entire length of the cell was eroded. In order to stop the flow of water from the Last Chance Ditch from entering the Clay Liner, the contractor was authorized to remove a blockage from the ditch and to repair the breach. The floodwaters also scattered pipe that was being installed as part of a sub-drain. The contractor was authorized to gather the pipe in order to determine how much pipe had been lost or damaged. In the vicinity of the Clay Liner, there was also damage to a wetland slough that washed out, damage to a concrete walking trail, and damage to the streambank. The damage to these areas will need to be repaired. The Rural Ditch Return Flow structure was damaged in multiple areas. Approximately 855 feet of the structure was completely washed away (see Sheet CHI ). Runoff from the surrounding lands and overflow from the Rural Ditch also damaged several shorter sections of ditch (see Sheets CH2-CH4). In these shorter sections of ditch, the ditch buckled and cracked due to the water flowing into the ditch. In some areas, one side of the ditch was partially eroded causing failures. Page 2 of 22 M:\Clay\GravelPits\HokestralSlury Wall DesIgnl8id DocumentsUHokestra Pit Slurry Wall Change Order Recommendation.doc Permanent Repairs The following items describe the work that will have to be done in order to permanently repair the Hokestra Gravel Pit site: 1 . Rural Return Flow Ditch a. Mobilization b. Remove, haul-off, and replace damaged sections of concrete ditch that were damaged c. Reconstruct the platform and the concrete ditch in the areas where it was completed washed out. d. Surveying e. Construction oversight and materials testing 2. Concrete Walking Trail a. Mobilization b. Remove and haul-off damaged sections of trail c. Replace damaged sections of trail d. Surveying e. Construction oversight and materials testing 3. Wetland Slough Repair a. Repair slough damage b. Surveying c. Construction materials testing 4. Clay Liner a. Clean out debris and sediment from Last Chance Ditch b. Repair Last Chance Ditch breach and repair road around the cell c. Gather and inventory sub-drain pipe d. Mobilization e. Dewatering of the cell to remove the flood waters f. Construction dewatering to ensure that groundwater does not build up in the cell g. Repair of southwest corner h. Repair of northwest corner i. Repair of protective cover over the clay liner j. Construction materials testing k. Surveying 1. Potential removal of flood debris - there is still water in the pit so the extent of flood debris is unknown 5. North Slurry Wall a. Dewatering to prevent slurry wall from failing b. Dewater the cell so the leak test can begin again c. Surveying d. Repair slurry wall and cap e. Cleanup flood debris around the wall f. Potential removal of flood debris — there is still water in the pit so the extent of flood debris is unknown 6. South Slurry Wall a. Dewater the pit to remove flood waters so the leak test can begin again. b. Repair erosion control measures around the cell c. Surveying d. Repair of southeast corner Page 3 of 22 M \Clay%GravelPits\Hokestra\S:urry Walt Design\Bid Documents\Hokestra Pit Slurry Wall Change Order Recommendation.doc 7. Topsoil Replacement a. Import and replace topsoil that was washed away during the flood event 8. Saint Vrain River Bank Restoration a. Mobilization b. Surveying c. Engineering and testing d. Erosion control measures e. Clear and grub existing vegetation E Reshape river bank and excavate the slope g. Riprap delivery and installation h. Final Grading Weld County proposes to use the contractor who was already under contract and on the site to perform all of the repair work. A change order will be issued to the contractor. Total cost of the repair work is expected to be approximately $900,000. 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'�':, I''`D7,0�n• ! 1 •,) •..1 +l C Photo 5: View of the SW corner of the Clay Liner looking south. The pit is currently being dewatered so the full extents of damages to the clay liner are not known at this time. I°jr :•F , _ 'Ci'T . y' 1��h�(,f�f• Sry�� )+ y. °Err1!!ryry�• t t•i' 'r ^i.,..g..,.......„(0.{tq 1..-2,1 f1 a '° :”..I_ nlasdii•c_. • ,,,,,i,71•27,...2',..-. ,•,,,,...7.._ ,. Sl t [ ( 1 iY .t7�:,irl;ftl.tr' 1'; ii ;t' 1�� - ti t.'..., I7!If" ' i .• ��i�tF �1�S�iE { tl'Sii irt fkg "tx, ,,,I 1Y4YI !!I}){� .fG .J, rr <P1 . r ,.er sl +!1.Et a n,. 1, • t ,r 1S }al! .:I,�:i l,. tt.t E,,i/ , '.ti`tter _ ....1 ..!: • .• iff s Si S♦ r1�+ r - \ uw - - •', r •! 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F1 _.•ea` .1e errs' h •.r-v`i.,�,.��l+ ltt°�Tt , _�.♦ ; .;*AL _lairs. ~ I •'` • es-as Photo 6: Blockage in the Last Chance Ditch which caused the overtopping see in the photo above. Photo taken September 24, 2013 at 11:11 am. Page 8 of 22 M:1CIaylGravelPits\Hokestra\Slurry Wall Design\Bid Documents\Hokestra Pit Slurry Wall Change Order Recommendation.doc 4 - -- _ _ . I L2 to... r s ir •3i•: li. . i i- • I) ,. 'R.E,'r+t •+;.'37411 r 1'7..: 'ii .23:::':'i ,i.{`�t1 r t ?h l 4 ? S c ryt er�taf? S r'jt'° ink I .x 1 t , qtr t ,f tl •'4£.a . 1 t1:• Z..(b• { PI t �' ' RA, .,.4.4::;,4*:'' i- ��Ill)• r tr lac �,� ' i I ,1 .d :,a k1 ire .;•.r..('-',,,.',,,•' y..;•.1 L, S�3:1�'�liit t. 1'.JF Irs': tt-'.2tr" if ii, -7,:/.1...t:4.6t^r - `l ` '`: I r� , f t 1• �S 3: I• � ,• . �'t! !�I t; -+,r,l gu h1 t�: t IitT. `.ItE ' 11)l.�i>f ! I.t �11111�i-i'3 � a'� �.'ILr•/ Ii!{ICSt1}.. Any.,.::.11! I• , •• , t• . 1 , '1 .r l t,l ,!j • !rt' .c„... 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'ter". e r`y ^. • / , ,�i J ~v rJ��. .Y' y..^., Y CS•, �• . .tai: ,i tl' Y ,;t •i . • - 1' C -}![ 4y. • ' t i ...•:4-,.... .11 1l •1 ;.;, ,1 :t1 , 1 �. ,-J;• 3 NY.-.1r i • • .,,r,' �, 1s' i4 , `.nr I'Ati - 'ot• . •••t•v '. '4 I,• 5 . d •aM 1 i• �•.T 1/47•it5.rr' C. ' tit • ,.. • Pl .T ':1.t.-'x _s (F I'' • t �.� Z f - Yi • •,....,, Y' ti TC_ is 4, .r t -a 4 •'•.. ,. t i, 4.4 / .n•if.,,,, I'i' _ ry _• ,r .. 't 1 ...-.•.... .w . /-.4•4.L•3alt J ... _�.;a146J./ s .[.XR_A. rt• 1`id. Y • 7. 'a • ]r"".•.i Photo 10: View of the Rural Return Flow Ditch which was destroyed by flooding (looking south from the outfall into the river). Approximately 855 feet of ditch was damaged beyond repair and several other sections to the south were also damaged. Page 10 of 22 tit:',Clay\GravelPits\HokestralSlurry Wail DesignlBid Documents\Hokestra Pit Slurry Wall Change Order Recommendatlon.doc +s 1. iota j:_ r ;. I v, - - .. i hp lice -ru i.i ') <,s li 4 li. ;i• •S uni I r' ,•a h�' ,. • .SS ^is}. 'a t,i i -1 Pf 7 t it 2i it 5.20.4 �•:4'' 3.n'ti/�' , ti „,.,t hi !. '�It fi 9, . ��t�ji {"Frew.:,nty ,a .• • etitit : . r mrL 1,, t- 1 • - . ;! �' • j f 1 'It. F'- . it i , y Ti l,ri6Ll { ! • 5tiid •�{'r;�; i y ., • , L�i � , • - - i . - • Lt �4i61•a."2i 1S111 j1••I{�-' t' { _ +, i `', F,ss _ 5q,�,Q�� fi •a�.3'1LI3- i? �gvki r • IS}T8M4lO G.r �Ilfifoeu�:.:r Ji °R'fYi 4N' _ i4 r Photo 11; Damage to the Rural Return Flow Ditch between ti-it:.., last chance Ditch and CR 24.5. Photo taken October 13, 2013 at 12:23 pm. • „+prpy z r, •7 Y - s.;75trrtr�— c ..„.-,:.€27,--. 1 _ n-4-,,T,7- .. ` r Y42 L itt {ittI , •tt. ��j t , . -, ,tom. - - { . a ,� N. , z:l�rlliil#:it ,4.-- ' fr '... VY ,•r 4: et; i7Y~'* ma._ i: c • Y A. r,j14,k.., 4- ` , rce CA lwy'Y -j}. •'.,t, ti irr, i?.1 t � �.� *. •.,,, a ,,,ii. • fain . Jitarrti it t,t,ji: ••+..,11 ajt,lir .��`;• J}N, t y61t r,. �+.-.�.,�__ - , / .L .... .-:„.„,4,..,„%, • • ,-• h .., .Pitt .,i•,4, • s,- -'.i...- •rt, ,-• 111 i, 1IItR .•Y- iJr •� `��'"l•V f.�g• • . 'N .'I�:.,y. . LLa7 t 'lCt} J , tr3 (]'7�r < Y/'• 1! � t i ti i �t l i *nil. ti-: 3 J } \ ! r yL"1, .• • t••r :m q Yyr'•; S i� 'h..iil• •A.uSV i' - 7! fl, t /MC-' / ' `T`�1t'�/.ay..,A .'rlJ•a'.-it••.•T-Mr 4 't u ,,{ i z',�,'• r t iFs.k "o n' .'r. ':.≤i; t'>� !i ''- S • iir k.t i `£+`{�r • t ;e:- i it .r: t ,ti.,rb r/ e . Ts• ) t ' t • iti I Vr; I,., Pi • ,,,---Ire aY, thy. . . " .&tato • t'• `• r 4t �'' r sue , S f t , x S,B Z li . � ty.f.. 1,1 t ` ?. pfr L.• L QL £ r !t •. �� t ' , �,,iavlfJ tti"• �, .n • ,t hptl4, 't . .K \ ..iti ... 44 ]�r M • tin , i t r �: r.�,r i„ ':r • t'p• ` +: , ` µ..soma,. ° ,•s..A j tit../. , - V : Y••• V • .- • `(,Jr}.�is• •it . v •�, •=•r • ,i14 •sJI a tl ;r: +l • Photo 12: View of flood related damaged to the south end of the Rural Return Flow Ditch (looking south at the west side of the ditch. Page 11 of 22 M:ICIay1GraveiPits\Hokestra\Slurry Wall DesignlBid DocumentslHokestra Pit Slurry Wall Change Order Recommendalion.doc 301 Centennial Drive Mltliken,CO 80543 • Andy Laycock HALL^TRW I N Phone:970.587.7320 Cows+*ucr:or *Lynn's' Fax: 970.587.7330 To; Weld County Colorado Date: November 12, 2013 (111 H Street, P.O. Box 758 Protect: Flood Repairs - St. Vrain Bank Greeley, CO 80632 Location: Hokestra Project Attn: Mr. Clay Kimmi Phone: 970-304.8498 x 3741 Email: ckimmi.cO.weld.CO.us Change Order Request 19 - Flood Repairs �.^Sainly� � tVrain South River Bank Restoration Mooilizal'.on 1 LS $ 3,250.00 $ 3,250.00 Survey to Topo Existing River Bank Condition _ 8 HR $ 70.00 $ 560.00 Survey Lmits of Slope Protection 8 HR $ 70.00 $ 560.00 As-Built Survey of Slope Protection 12 HR $ 70.00 $ 840.00 En9ireering/Testirj and Coordination for River Bank Repair 1 LS $ 26.250.00 $ 26,250.00 Inslatlaton of SUt Fence between working area & St. Vrain River 800 LF $ 1.50 $ 1,200.00_ Grub Existing Vegetation within Work Area. No Haul-Oft 48,000 SF $ 0.10 $ 4,800.00 Re-Shape River Bank and Excavate Slope 8,855 CY S 3.95 $ 27,077.25 Type H Rip Rap Supply and Delivery 8.800 TN $ 24.80 $ 218,240.00 Type H Rip Rao Placement-Non Grouted/No Topsoil 8.600 TN $ 6.25 $ 55,000.00 Re-Shape/Grade Top of Slope up to/around 10'Trail 1.453 CY $ 3.10 $ 4,504.30 Total $ 342,281.55 EXCLUSIONS and IjQTES; 1) Proposal is based on a 15' wide armoring at a 3:1 slope keyed in to edge of river at approx. 5'below existing river invert. 2) Type H Rip Rap will be placed at a 3'depth, non-grouted and exposed. 3) Armoring will extend approx. 800' east of the frontage road bridge abutment atong the south bank of the river. 4) Rip Rap below ground water will be installed in the wet, minimal dewatering is included. 5) Proposal based on anticipated peeing through first quarter of 2014. 6) A Change Order Request will be Issued upon Weld County's intent lo proceed on work. 7) The issued Change Order Request will Include a request for an extension of days to our original contract durations. if acceptable, please sign in the space provide below and return one copy to Hall-tnvfn Corporation. Retain a copy for your records. Special attention is called to the attached Terms and Conditions, as they are a binding part of this contract This quotation in its entirety, including all attachments, shall be ::ncluded as an attachment or by reference to any other contract to which it may become a par.. Halt-Inch'Corporation Weld County Colorado Submitted By: Accepted By: Printed Name Panted Name Title Title Signature Signature Date Date Hokestra Flood Repairs St. Vrain River S. Bank Repair Hall-Irwin Corporation 1 Page 12 of 22 M:1CIay\GravefPits1Hokestra\Slurry Wall Design\Bid Documents\Hokestra Pit Slurry Wall Change Order Recommendation.doc i i 4301 Centennial Drive Milhxen, CO 86543 Andy Laycock HALL-2RWIN Fhone:970487.7320 c4•&TIUCr<OY DIVISION Fax: 970 587.7330 To: Weld County Colorado Date: October 23, 2013 1111 H Street, P.O. Box 758 Project: Flood Repairs Greeley, CO 60632 Location: Hoke$tra Project Attn: Mr. Clay `.Gmri Phone: 970-304.6496 :< 3741 Email ckrmmi.co.weid.co.us Cost Proposal - Hokestra Gravel Pit Flood Remediation Work Rural Concrete Ditch . ,;,,` ._,, . •-• ..leSelaintom OTY UNITS UNIT PRICE EXTENSION 1000 Mcbilizedon I LS 5 2.250 00 $ 2,250.00 1010 Remove, Replace and Haul-af damaged sections of Rural Concrete 350 L 5 65.50 $ 22 925.00 Ditch South of Coclpteto Was-nut Areas 1020 Remove Washed-out section of Rural Concrete Dl1ch between Last 855 L- S 4.10 $ 3,505.5C Chance Ditch & St Vrein River and Heut-ott Ste 1030 Reconstruct Rural Concrete Ditch Platform catween Last Chance 855 LE $ 5.75 $ 4.918.25 each & St. Vrain River 104 J Replace damage° section of P, ra! Concrete Ditch between Last 855 LE $ 41.40 $ 35,392.06 Chance Ditch & St. Vrafn River 1050 Additional Survey Wor'< 16 HR 70.00 3 1,120.00 1060 Construction Observation anc Testing 8 CY $ 1.015.90 $ Q127.20 Total S 76,240.95 10' Concrete Trail v`4 K%Zz',Itkrz• "'.. : , I,• . t. ozscat rnoN an UNITS UNIT PRICE EXTENSION 2000 Mobtllzaeon I '-S $ 2.259.00 $ 2,250,00 2010 Remove, Haut Off and Replace Damaged secUans of sidewalk east 650 LE = 87,65 3 56,972.50 & Penh of Clay Liner - Western Limits stop at Frontage Road Bridge 2020 Adolt onal Survey Work 16 HR $ 70.00 $ 1 120.0 2030 ConstrucflonObserv&icn and Testing 4 DY $ 1,015,90 S 4.011,611 Total $ 64,406.10 Existing Slough Repair twit '"`:'''"``it--. ""Igg taca "^':V ESORIPTION`7 - on' users UNIT PRICE EXTENSION 30^0 Repair Existing Slough Damage East of Sidewalk with On•Site 450 CY $ 8.50 $ 3,625.00 Material Washed into Sloug? 3010 Additional Material Testing 1 DY 5 1,195 18 $ _ 1.195.18 3020 Additional Survey Work 4 HR $ 70 00 S 290.00 Total $ 5,300.18 Clay Liner fl1. : '. DESCII tenon on UNITS UNIT PRICE EXTENSOR ON 401x) Mobliizatlon of Earthwork Equipment LS $ 5.250.03 $ 5,5 43.260 000.00 initial Dowatering of Clay Liner - Includes set-up, inn nitorfna, 4010 intakaid scttarge hoses, re-set intake as needed, motoring, water 840 HR $ 51.50 $ tesY:no and tear clown Construction Dewatenng, Removal, Replacement & Finishing scopes 1,850 CY 3 7.31 S 13,528.13 at southwest corner 4030 Construction Dewatering, Removal, Replacement Si Finish rig slopes 4,575 CY $ 7.80 $ 30,026.13 at northeast corner 4040 Remove & Replace Bedding on North Slooe to Inspect Clay Liner for 15,000 CY 3 2.75 $ 41.2_50.00 Damage 4050 Additional Material Testing - 12 DY 5 1,195.18 $ 14,342.16 4060 Additional Survey Work 40 HR $ 70.00 $ 2,800.00 Total S 156,458.41 Hckestra Gravol Pit Hoed Remediation Proposal Hatt Irwin comporation 1 Page 13 of 22 MCClaylGravelPits\Nokestra\Slurry Wall Design\Bid Documentsthokestra Pit Slurry Wall Change Order Recommendation doe North Slurry Wall Ira; DESCRIPTION QTY UNITS UNIT PRICE EXTENSION Initial Dewatering of Nortn Slurry Wall - Includes set-up, monitoring, 5000 Intake/discharge hoses, re-set Intake as needed, metering,water 72 HR $ 51.50 $ 3,708.00 testing and tear down 5010 Dig Trenches to Connect Original Dewatering Monitoring Sump t 10 FIR $ 255.00 $ 28,050.00 Holes to Expedite Dewatering Periodic Dewatertng of North Slurry Wall During and Alter Trench 5020 Excavation - Includes set-up, monitoring, intake/discharge hoses, re- 360 HR $ 51.50 $ 18.540.00 set intake as needed, metering,water testing and tear down 5030 12 to re-shoot slurry wall centerline & top of North Slurry Wail 12 HR $ 70.00 $ 840.00 washout areas Repair NE corner of Slurry Walt Cap. Price includes mobclzation, 400 $ 10.45 $ 1,160 00 5040 excavator/operator,dozer/operator&dump truck/aperator 5050 Cleanup around North Slur wall with D•$5 Dozer 8 HR $ 210.00 $ 1,680.00 Total $ 56,908.00 South Slurry Wall tR> - • pESORIPt1ON QTY uNrrs UNIT PRICE FXTENSIOH Cewatering of South Slurry Wall • Includes set-up, monitoring, 6000 intake/discharge hoses, re-set intake as needed, metering, water 240 HR $ 51.50 $ 12,360.00 testing and tear down 6010 Repair silt fence along South Slurry Wall. i 00 I F $ 1.35 $ ',485.00 6020 Survey to re-shoot slurry wall centerline & top of South Slurry Walt 8 HR $ 70.01) $ 560.00 washout areas Repair SE corner of Slurry Wall Slope. Price includes mobilization, 650 C $ 4.25 $ 2.162,50 6030 650 dozer/operator&dump truck/operator Total $ 17,167.50 Topsoil Reclamation RFl1 DESCRIPTION On UNITS UNIT PRICE Ex TENSION 7000 Option#1) Import and Spread 4-6"Topsoil 18,500 TN 3 9.25 $ 17;,125.00 7010 Option /12) Generate On-Site Topsoil and Spread 4-6" Topsoil 18,500 TN $ 6.15 $ • Total $ 171,125.00 Grand Total $ 549,596.14 EXCLUSIONS end NOTES: I) Proposal does nut include reclamation work along south side of St. Lrain River. Proposal for that work to follow. 2) Clay Liner/North Slurry Wall proposals do not include any additional cost of potential damage/silt removal that cannot be visually inspected due to current water levels. Their conditions will need to be assessed/priced after dawatenng efforts are complete. 3) Proposal based on anticipated pricing through first quarter of 2014. 4) A Change Order Request will be issued upon Weld County's intent to proceed on work. 5) The issued Change Order Request will include a request for an extension of days to our original contract durations. II acceptable, please sign in the space provide oelow and return one copy to Hall-Irwin Corporation. Retain a copy for your records. Special attention is called to the attached Terms and Conditions, as they are a binding part of this contract. This quotation in Its enttrely, Including al attachments, shall be included as an attachment or by reference to any other contract to which 0 may become a part. Hall-Irwin Corporation Weld County Colorado Submitted 13y: Accepted By: Printed Name Printed Name Title Title Signature Signature Date Data Hokestra Gravel Pit Flood Retnedation Proposal Hall-Irwin Corporation 2 Page 14 of 22 M:ICIaylGravelPits\HokestralSlurry Wall Deslgn\Bid Docunlents\Hokestra Pit Slurry Wall Change Order Recommendation.doc le, 301 Centennial Drive CHANGE ORDER REQUEST Milliken, CO 80543 Owner ■ Contractor D HALL~ XRWI N Office Phone: (970) 587-7981 Field 0 CONSTRUCTION DIVISION Fax: (970) 587-7989 Other 0 PROJECT: Hokestra Clay Liner-Slurry Wall Design-Build CHANGE ORDER REQUEST #: 08 OWNER NAME: Weld County Colorado 1111 H Street, P.O. E3ox 758 i Greeley, CO 80632-0758 Mr. Clay Kimmi, P.E. DATE: 7-Oct-13 THE CONTRACT IS REQUESTED TO CHANGE AS FOLLOWS: September Flood Remediation Work Item # Description Quantity Units Unit Price Extension Dewatering North Slurry Wail Cell after 1 Flood Event with 8" Pump 138 HR $ 51.50 $ 7,107.00 Remove Sediment in Last Chance Ditch to Alleviate Breach into Clay Liner with 2 345 Excavator 4 HR $ 255.00 $ 1,020.00 Repair and Forge Road around the top of the Clay Liner for Access to Sub 3 Drain with 345 Excavator 8 HR $ 255.00 $ 2,040.00 4 Sub Drain Pipe Clean-up - Labor 8 HR $ 30.00 $ 240.00 5 Sub Drain Pipe Clean-up - 624 Loader 8 HR $ 145.00 $ 1,160.00 Total C.O.R. #8 $ 11,567.00 Not Valid Until Signed by the Owner and Contractor The original Contract Sum was $ 4,749,222,39 Net Change by previously authorized Change Orders $ (42.9,811.66) The Contract Sum prior to this ChangeRequest was $ 4,319,410.73 The Contract Sum will be increased/decreased by this Change Request in the amount of (to be handled with Force Account Dollars) $ - The new Contract Sum including this Change Order will be $ 4,319,410.73 The Contract Time will be Increased by TBD (does not include weather days for winter conditions) The date of Substantial Completion as of the date of this Change Order therefore is TBD All change orders will oe reviewed in an accumulated manner for both time and cast impact as they relate to the ongoing impacts on the project. Accumulated time and cost Impacts will then be forwarded under a separate change order. Weld County Colorado Hall-Irwin Construction Division 1111 H Street, P.O. Box 758 301 Centennial Drive Greeley, CO 80632-0758 Milliken, CO 80543 Mr. Clay Kimmi, P.E. Andy Laycock BY: BY: Date: Date: I - -- • . I . PI s u p — Z i , - l 1 tr (y�l my U 4 • r 1 4- . 0p 00 -1Y V7 � I/! 7 Y ; {` fD 9 Q>C!g O OS N A g q N < S ' AttlZ2ZZ m- It iit-it g5i4 ;a8Wza o`" • it x y0 U!IP yHib o ig ..., m p0 ._ . , o i Tag PIni g in �m 1 D vin > < m pi) in./��jj—. , t fs �b �� , t [ .. m N ILA snap X f t, i or - • .....-;-_,.. .........17-f„..„ a F 4 4. ( 4.10 \ it': 1 VI•1C ;1411' : ��\� • - `�.; 31 $.c� --` �f �.4 r� ;I i i \ — , a `"'tea Fs ( a.4007) •• a D b L, \ ---------.-----_,--„, .1 �-„ +»'^�. ^;•.-� -------,-A ,./, '. '. r 1 td:‘‘.. N, _... i...-.+A.s. .....1.47.•.1 4: ,-'111/4 Iii r.,..1 1-eir 4. .... \\ ..; isi kg ' '\:(:\ . cir) 4, It '\ Hy� 4. 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"^" . ...,..1 WELDCOUH?Y,C�ORAOU . w ...,. 4110. MNW CHANNEL •HPtJN ANU PROFILE . .»,. 4114• ••• WATER r • • o Page 20 of 22 M:ClaylGravelPItslHokestralSlurry Wall DesignlBid Documents\Hokestra Pit Slurry Wall Change Order Recommendation.dcc E i 1 ,U9 I --, t NG •4U } :. f 1 ,t r !S/ i 1 { .. ......._ . ....... ...�.{ .. ti,....I , ri , J c s ; t:it ` . j. t ' • ;a ;_ •••1 ..__. _ _. _ rid £li 111 a I �Di ti— 9 -- - - - - - I --, •<<t I ,Ill w > t is t bp %d _I.:. , it I i,'!! . lki !._ F.w..� . t.. ( 1 ,ni+- i 4 � - -I- ut ...,r ' ' isft ; ©D, 3 � z WC"' II --- • ... - ..y... -_fit .-._ .j - i - t.a,....-mi - s,_ .. . i f _i"_... . .... . ... it di I I �I ! 1i 11 1t 12/ // • •Jdh1i t 1i : .I i1 ��f (41 I. �r its,/'ilill l/� ....,t•, II l!if 1 xIi ! /i j7 griii 4;S p e / S• f tI . , tt( ! � • 1; 3plbf41 li! 'v.3 i S Jtl '7f 0 1 1 t ! � /r lI�ij;' � t lf�i ii I' i p 1 % j94 it. lh r '• tq • \ it,vd - 7. Ill 11 i 4 illi it 7142 .11 m 1r1 ! , ;�3�03 !< .101 ! v if- jI t •t iii , ! I s ' YiQtOrouNfY.COL A..ra Wig, ••••••<.:.••• �� 11 .........." ____.„ _....i .....___4 ,4 vw MAtN 6 WELD COUNTY MAN AND PROFILE 111101.1. �/ -. ry . ^� 1 Page 21 of 22 M:\Clay\GravelPits1Hokestra\Slurry Wall Design\Bid Documents\Hokestra Pit Slurry Wail Orange Order Recommendation coc iJ A Ni r 6 I o Z { ~ Q 1 N g12NAA l'izj 411 '.8, ho ll�nnei I` j 111 0, At`T Aig yr glm m `CIttN ll 01 a go 04 E ilig A a b 5ALAilt t A ''T• ir at ,, if; I . f .- ) . ..."- : . .2:7:0,44/5 4 ---T*.k 7, ref) 14 viz r 1 t ti` r v 1 V+ • yy:1 .`� IA X11: 4 Q \ * ..., 4 ..ii %, , \ s ; .i*, . 3 I In too I 'gs or am its. i — ;.. �� '' 1 i ' •°.� --4.......4-- 'l . -z r x �{ � :,,�_•_ Wig^.�� ._. 1- .-....- ...- ......7---\, I 1 "..."" ed: . . ...41‘4%%.„ \ 1111 (( m - _ ', ..1. • t` r11 '� it : 44i i ijj i 11 } Iti • ■ • tit ' ,jl• , + \Y`l4 i.::,.iis., t i\-. . \ fi'nc 3 . ,t,‘k( i -. 7 41 i 1 g " • , �t' • .. t .t t . F l.ry Zr, • t\ .. 1 ' E _ lI .mac-I• �/t j, ;)ji?j' _ '!.-{ i!•'' ', . % . O r• •44 ?t, ! !{i ~._., " _ - .- �•_ ''._'..._.s""'r �. & 1 c s 1 N" r N x 4 n � Page 22 of 22 M:1CIaylGravelPltsWokestra\Slurry Wall Design Bid Documents Hokestra Pit Slurry Wall Change Orcer Recommendaticn.doc 0 Wide MEMORANDUM �'1 TO: Clerk to the Board DATE : October 26, 2012 z- GOU I FROM: Clay Kimmi, P. E. , CFM, Public Works SUBJECT: Bid Number B1200123, Hokestra Gravel Pit Clay Liner-Slurry Wall Design Build Contract Award Enclosed are three signed original agreements for the Hokestra Gravel Pit Clay Liner-Slurry Wall Design Build Contract with Hall-Irwin Corporation. The contract is in the amount of $4,749,222.39. The Bid Number is 61200123. The Weld County Board of County Commissioners accepted the Hall-Irwin Bid on October 22, 2012. Hall Irwin Corporation signed the Notice of Award on October 23, 2012. Also for the record is a copy of the Certificate of Liability Insurance, Performance Bond, Labor and Materials Payment Bond for Hall-Irwin Corporation. Please place on the BOCC agenda for October 29, 2012. After the contract is signed, please return one original to me so that I can forward it to Hall-Irwin with a notice to proceed. Original: Clerk to the Board pc: Hokestra Project File I;16 244 'c L '- (se._ t , ( , ) ` 1 Page of �� yej - e:` /•-�[ M:\Ctay\Crvel Pits\Geisert`.S►urry Wal! Request fcr S'd1Seisert Slur; WaI! Contract Memo 'o BOCC do. AGREEMENT Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract ZZ THIS AGREEMENT, made this day of a'frier , 2012, by and between Weld County, Colorado, hereinafter called "Owner" and Hall-Irwin Corporation doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter called "Contractor". WITNESSETII: That for and in consideration of the payments and agreements hereinafter mentioned: 1 . The Contractor will commence and complete the following: Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract described in the Invitation for Bids. Bid No. B1200123. 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten (10) calendar days after the date of the Notice to Proceed and will complete the Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract by January 31 , 2014 unless the period for completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $4,749,222.39. 5. The Contractor clarifications on the bid are listed below. a. Hall-Irwin's slope protection for Cell 2 includes the Applegate design for the north embankment along the St. Vrain River. It is anticipated that the design for the slope protection of the remaining slopes will be a different detail to be determined during the design phase of the project. b. During the sub-drain design, the access of the sub-drain will be coordinated with the Last Chance Ditch and the homeowner. However, any potential costs for easement access with the Last Chance Ditch or the landowner will be a cost to Weld County not the Contractor. c. Itemized proposal cost break-out can be provided to Weld County for future use. d. Hall-Irwin Corporation will handle points of refusal at sections of very hard bedrock by scraping the material vigorously (with excavator bucket) to a 6" depth over 10 lineal foot intervals of trench for 30 minutes to create a key. We will also notify QA personnel, consult with Weld County, log location and extent of refusal. e. Hall-Irwin shall augment any water used during the construction phase with a temporary substitute water supply plan provided and maintained by Hall-Irwin. A copy of the approved Substitute Supply Plan shall be provided to Weld County Public Works project manager. f. The pump house construction includes an electrical feed that is expected to come from the electrical service at the Southwest Service Center. 6. The term "Contract Documents" means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Bid Proposal (D) Acknowledgement of Bid Documents (E) Receipt of Addenda (F) Bid Bond (G) W-9 (H) Statement of Qualifications and Subcontractors (I) Anti-Collusion Affidavit (J) Bid Schedule (K) Notice of Award (L) Agreement (M) Insurance Requirements (N) Performance Bond (O) Labor and Materials Payment Bond (P) Notice to Proceed (Q) Change Order (R) Certificate of Substantial Completion (S) Lien Waiver (T) Final Lien Waiver (U) Notice of Acceptance (V) Appendix (W) Addenda (X) No. 1 , dated September 14, 2012 (Y) No. 2, dated September 24, 2012 7. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents, or otherwise agreed upon in writing. 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 9. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF. the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR•BY �"� - � - BY NAME Sean P. Conway NAME f j P (Please TYpq) TITLE Chair TITLE V • C• Date OCT 2 9 2012 Y ADDRESS 3 01 Ct,v rt West , A L 49.g._` fecEs L % m Jr .. W go syi CM Itc (SEAL) (SFAI_) r T' '.. i • .0 ATTEST: ., ,,. . ATTEST: Weld County Clerk to the and 7 ! 3 BY ,r_. �/� GL' . ' BY /4.,4...? 47 ntic - Deputy Cler the Board (Please Type) TITLE inAgager /1'I.✓�,c fir ,a _ 2S ' ,_�.•+�•l� HAL IR-1 OP ID: ADR A COW 0" CERTIFICATE OF LIABILITY INSURANCE DA )10/24112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone: 303-996-7801e CT CRS/Surescape Ins. Services PHOpt - ' FAX 6600 E. Hampden Ave. Fax: in t1,27,„0, Ertl: 303-996-7800 _ (A'c, No) Denver, CO 80224 ADDRESS: Erik E. Ulibarri INSURER(S) AFFORDING COVERAGE NAIL I INSURER A • The Travelers Companies y _ INSURED Hall-Irwin Corporation INSURER B : Pinnacol Assurance 301 Centennial Drive INSURER C . Milliken, CO 80543 — -- - INSURER D ' _ INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE , R'7 POLICY NUMBER (MMIDOIIYYYY) (MMIDD/YYYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DTCO7212M743IND11 12/31111 12/31/12 DAMAGE TO RENTED 300,000 A X COMMERCIAL GENERAL LIABILITY X PREMISES (Ea occurrence) 3 cuoisismADE F xI OCCUR MED EXP (Any one person) S 5,000 • PERSONAL t ADV INJURY S 11000,000 • I GENERAL AGGREGATE S 2,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS. COMP/OP AGG $ 2,000,000 lPOLICY X I FLT LOC _ _ _ s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,00O,OOt (Ea accident) ; A X ANY AUTO r DT8107212M 74311111 12131 /11 12/31/12 B0DILt INJURY (Per person) S ALL OWNED SCHEDULED BODILY IN.AIRY (Per accident) S AUTOS _ AUTOS DAMAGE NON.OWNED PROPERTY t) _$ _ X HIRED AUTOS X AUTOS I S X I UMBRELLA LIAB ' X OCCUR EACH OCCURRENCE $ 5,000,00( A EXCESS LIAR ` CLAIMS-MADE DTSMCUP7212M743TIL11 12/31 /11 12/31/12 AGGREGATE S 5,000,00( DEC X DETENTION $ 10,000 1 i_ $ WORKERS COMPENSATION X WC STL MIT. i ER AND EMPLOYERS' LIABILITY B ANY PPOPkiETORPARTNER/ExECUT1VE YIN 4021105 01/01/12 01/01/13 E L EACH ACCIDENT s 500,00( c,FFICER/MEMBER EXCLUDED" N I A (Mandatory In NH) E L DISEASE - EA EMPLOYEE S 500,00( Ir yyes, describe ender i DESCRIPTION nF OPERATION_ below + E L D SEASE PCUCY LIMIT $ 500,00( A (Rented Equipment OT660990X1144TIL12 1 01/01/12 01/01/13 Limit: 500,00( DESCRIPTION OF OPERATIONS I LOCATIONS I VEIICLES (Attach ACORD 101, Additional Remarks Schedule If more apace is required) RE : Hokestra Gravel Pit Clay Liner-Slurry Wall Project . Weld County , Colorado is included as additional insured on the General Liability with respect to ongoing operations of the named insured for the certificate holder as required by written contract . All policy terms , conditions and exclusions apply . CERTIFICATE HOLDER _ CANCELLATION WELDCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County 1111 H Steret AUTHORIZED REPRESENTA NYE Greeley, CO 80632 (IGKi 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD a a� PERFORMANCE BOND Bond No . 21086835 Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract KNOW ALL MEN BY THE PRESENTS; that HALL - IRWIN CORPORATION (Name of Contractor) 301 Centennial Drive (Address of Contractor) Milliken , Colorado 80543 , hereinafter called Contractor, and a (Corporation, P MtA a( > THE GUARANTEE COMPANY OF NORTH AMERICA USA (Name of Surety) One Towne Square , Suite 1470 , Southfield , Michigan 49076 (Address of Surety) hereinafter called Surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) t l l I H Street P. O. Box 758, Greeks', Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of FOUR MILLION SEVEN HUNDRED FORTY*Dollars, ($ 4 , 749 , 222 . 39 in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the *'/ day of _ CeileGt,'r , 2012, a copy of which is hereto attached and made a part hereof for the construction of Hokestra Gravel Pit Clay Liner-Slurry Wall Demon-Build Contract described in the Invitation for Bids, Bid No. BI200123 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void., otherwise to remain in force and effect. PROVIDED, FURTHER. that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *NINE THOUSAND TWO HUNDRED TWENTY TWO AND 39/ 100 PERFORMANCE BOND Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this day of . 2012. ATTEST : HALL- IRWIN CORPORATION / / . By . ,,, tre./ / / . BY I.>-- - \Ott.-- / .- le___ ______ , - (Contractor) Secretary (SEA i,) Not Applicable 301 Centennial Drive (Witness as to Contractor) (Address) 301 Centennial Drive Milliken , Colorado 80543 (Address) Milliken , Colorado 80543 ATTEST: Not Applicable THE GUARANTEE COMPANY OP NORTH AMERICA USA (Surety) Secretary (SEAL) 9--. .- -----77 By , By4 ' :N//z 51, 7— .".7.: - . Witness as to ety David J . finger Attorney-in-Fact Cynthia M . Burnett 780C South Elati Street , Suite 100 7800 South Elati Street , Suite 100 (Address) (Address) Littleton, Colorado 80120 Littleton , Colorado 80120 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list(Circular 570 as amended) and be authorized to transact business in the State where the Project is located. a LABOR & MATERIALS PAYMENT BOND Bond No . 21086835 Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract KNOW ALL MEN BY THE PRESENTS; that HALL - IRWIN CORPORATION (Name of Contractor) 301 Centennial Drive (Address of Contractor) Milliken , Colorado 80543 _ , hereinafter called Contractor, and a (Corporation, Rar ffa xkiprtoxtxtht;Sxat) THE GUARANTEE COMPANY OF NORTH AMERICA USA (Name of Surety) One Towne Square , Suite 1470 , Southfield , Michigan 48076 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) i l t 1 H Street, P.O. Box 758, Greeley, Colorado 80_632 (Address of Owner) hereinafter called Owner, in the penal sum of FOUR MILLION SEVEN HUNDRED FORTY NINE THOUSAND TWO HUNDRED TWENTY TWO AND 39/ 100 Dollars, ($ 4 , 749 , 222 . 39 in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves. successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS QJ3LIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the . q O - day of e eiz- er , 2012, a copy of which is hereto attached and made a part hereof for the construction of: Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build contract described in the Invitation for Bids, Bid No. B1200123 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery. equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void: otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension oftime, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. a • LABOR & MATERIALS PAYMENT BOND Hokestra Gravel Pit Clay Liner-Slurry Wall Design-Build Contract IN WITNESS WHEREOF. this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this day of . 20 ( 2. HALL- IRWIN CORPORA :ON / ',- ATTEST : _doe / �� tract BK By i � J. (Contractor) Secretary (SEAL.) Not Applicable 301 Centennial Drive (Witness as to Contractor) (Address) 301 Centennial Drive Milliken, Colorado 80543 (Address) Milliken , Colorado 80543 ATTEST: Not Applicable THE GUARANTEE COMPANY OF NORTH AMERICA USA (Surety) Secretary (SE.A L) By % By / 7 1/1 X11 ' I Zile-- Witness as to Surety D id J . Hen ' r Attorney-in-Fact Cynthia M . Burnett Y 7800 South Elati Street , Suite 100 7800 South Elati Street , Suite 100 (Address) (Address) Littleton , Colorado 80120 Littleton , Colorado 80120 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT, Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. • 1xkr;1..��1FE THE GUARANTEE COMPANY OF NORTH AMERICA USA tOllf NY OF MCI ACID Sow Ii lie Id. Nwlichigan 9 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS That THE GUARANTEE COMPANY OF NORTH AMERICA USA. a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield. Michigan, does hereby constitute and appoint Douglas J. Rothey, Cynthia M. Burnett, Erik Uliharri Surescape Insurance Services, LLC its true and lawful attorney(s)-in-fact to execute. seal and deliver for and on its behalf as surety. any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof. which are or may be allowed required or permitted by law, statute. rule, regulation, contract or otherwise The execution of such instruments; in pursuance of these presents. shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office The Power of Attorney is executed and may be cert fled so, and may be revoked. pursuant to and by authority of Article ix, Section 9 03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'4 day of December 2003 The President. or any Vice President. acting with any Secretary or Assistant Secretary. shall have power and authority 1 To appoint Attorneys)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto. bonds and undertakings, contracts of indemnity and other writings obligatory ,n the nature thereof, and 2. To revoke at any time. any such Attorney-in fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only. it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notce of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31••' day of December 2003 of which the following is a true excerpt RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond. undertaking. contracts of indemnity and other wrtings obligatory in the nature thereof and such signature and seal when so used shall have the same force and effect as though manually affixed tN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused __, this instrument to be signed and its corporate seal to be affixed by its authorized officer. this 18th day 'CO1Er; <<�, of January. 2011 �J . t. v.• 'z '. 1 ' �� ; I THE GUARANTEE COMPANY OF NORTH AMERICA USA V� /i 4�M ,MEK�/' 1• % i r ( PLI(i im,--------„ / ' STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this lath day of January, 2011 before me came the individuals who executed the preceding instrument. to me personally known. and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA. that the seal affixed to saic instrument is the Corporate Seal of said Company. that the Corporate Seal and each signature were duly affixed by order of the Board of Directors a said Company Cynthia A. Taker IN WITNESS WHEREOF . I have hereunto set my hand at the Guarantee i4 tr L r ,;,:�� -'""'��' ' Notary Public. State p1 Michigan Company of North America USA offices the day and year above written ' >°i ° :''^'"" County of Oakland `� . r -• '" My Commission Expires February 27. 2012 • Acting ,n Oakland County a . 1-Cciget I. Randall Musselman. Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA. do hereby certify that the above and foregoing is a trur and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect IN WITNESS WHEREOF I have thereunto set my nand and attached the seal of said Company this day of o 7 t J . Randall Musselman, Secretary U �' MEMORANDUM Vlige0 TO: Rose Everett, Purchasing DATE: October 18, 2012 FROM: Clay Kimmi, P.E. . CFM, Public Works COLORADO SUBJECT Bid Number B1200123, Hokestra Gravel Pit Clay Liner - Slurry Wall Design-Build Contract The above mentioned bid closed on October 4, 2012. A total of two bids (Hall Irwin and Magnus Pacific) were received by the bid closing. The two bids were for $4,749,222. 39 (Hall Irwin) and $7, 135, 128.44 (Magnus Pacific) The difference between the two bids was $2 , 385.906.05 . The low bid was submitted by Hall Irwin . All the bid packages submitted contained the required bid documents. After review of the bid documents, Weld County Public Works recommends that the contract be awarded to the lowest bidder, Hail Irwin Corporation . in the amount not to exceed $4,749, 222. 39. Email & Original: Rose Everett, Purchasing pc: Hokestra Pit File cc: Dave Bauer, Public Works Page t of 1 n 1CIa,'\Gray I Pits\Hokestra\Slurry Wall Design\Bid Documents\Hokestra Pit Slurry Wall Bid Recommendation doc j •7 - y 3 �- v1/4 ArWELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 POrna E-Mail : mwaltersfi co weld co. us *sir E-mail : reverettco.weld . co. us G C T Y Phone: (970) 356-4000, Ext 4222 or 4223 Fax (970) 336-7226 DATE OF BID: October 4111 2012 REQUEST FOR: HOKESTRA GRAVEL PIT CLAY LINER SLURRY WALL DESIGN DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1200123 PRESENT DATE : October 8'h . 2012 APPROVAL DATE : OCTOBER 22ND, 2012 TOTAL AMOUNT VENDOR HALL IRWIN CORPORATION $ 4, 749, 222. 39 301 Centennial Drive Milliken CO 80543 MAGNUS PACIFIC CORPORATION $ 7 , 135, 128.44 100 West Oak Street Suite 301 Denton TX 76201 *Bid is being reviewed by dept at this time . 2012-2836 EL" oc66 Ms a a • > i L Y • Y Y y U V1 LriY Y O L Q Y ✓1 Vl Lei Lii rl a �"'r L O 0 L fp 0 U a U U U Y •O U UC U a a '0 vi im 111t C -0 O_ '�' .�.. +`n+ 0 0 0 C r0 (a al a O en MS e a a a u vt C C L-- .—C C C C C .0 (TS -0 �..> t!1 a . c 3 3 3 " 3 3 3 3 o °' °' a) = -.... _- 0 v xx ncc c c U p a U Ea 70 = co ra U 0 0 U - 0 a i I _ (t oo = U I I E E U >- T L > ? 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N N O O O O O D6 O o O O O LO 6 6 6 O O in n1 co O a o o O O O O O O N 6 6 O • nci ct rev sr 6 ur3 k° la o O In M .--i N in v-I el in to in cn in -C 0 a, y, a c p c_ '- a O U >- _oa ro C J ra U , a O p a w 3 ,ten a C a J YO ro 3 ro a C C U ft) N a, 3 0.1 a p c o a u 3 I— a a a N E ra a v c a v o na 'el c tri I- -O a .n 2 > N 3 -O o a vi .h Ea a CC rn Ce Response to FEMA PA Eligibility Determination gf 4�i L tAz t Ctlitist '. e - OEM — Office of Emergency Management ' ` ` 1861 1' Director: Roy Rudisill t. 1150 '`O" Street k PO Box 758 Greeley. CO 80632-0758 En ir E Phone 970-304-6540 COUNTY Fax 970-336-7242 www.co.weld . co. us July 25, 2014 Mr. Dave Hard Office of Emergency Management Director Colorado Division of Homeland Security and Emergency Management 9195 E. Mineral Avenue, Suite 200 Centennial, Colorado 80112 Re: Response to FEMA Public Assistance Eligibility Determination — Project Worksheet 01005; Weld County Project Worksheet WELCo13 — Hokestra Pit Dear Mr. Hard This letter is in response to the FEMA letter dated May 27, 2014, regarding the Eligibility Determination for Project Worksheet (PW) 01005. This PW was for repairs made to the Hokestra Pit in Weld County following the flooding incident in September 2013. Flood incident repairs made to the Hokestra Pit in Weld County were conducted by the contractor, Hall-Irwin who was under contract at the time of the incident in September 2013, providing construction services to the Hokestra Pit site. It has been agreed by all parties that much of the work required for repair and restoration, is the responsibility of Hall-Irwin due to their contract contained language in Subsection 107.17 stating "Loss, injury, or damage to the contract work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor or acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon of nature, shall be restored by the Contractor at no cost to the County." Hall-Irwin and Weld County acknowledge that the contractor is responsible for most of the repair work at the Hokestra Pit site, however, Hall-Irwin and Weld County maintain that a portion of the costs to restore this site are eligible for reimbursable by FEMA under the Public Assistance Grant Program. The portion of the change order (repairs) provided to Hall-Irwin that is eligible for reimbursement represents a change in site conditions from what Hall-Irwin originally started with. The specifications for the Hall-Irwin contract include the Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction. Section 104.02 and Section 104.03 of the specifications address how changes in the site conditions and additional work are to be determined. A change in site conditions occurred when the flood event filled the various cells with surface water. Prior to the flood event, Hall-Irwin had pumped the groundwater out of the cells and had started a 90-day leak test to provide the Colorado State Engineer's Office with evidence that the slurry walls and clay liner met the State's rules for a water storage reservoir. Because the cells were filled with flood water, Hall-Irwin had to pump the flood water out of the cells so that the repair work could be performed and the required 90-day leak test could be restarted. The requirement to perform the pumping before the repair work could be performed and the leak test could be restarted represents a change in site condition. An embankment for the concrete ditch had to be constructed because the flood washed away the original embankment that had existed prior to the flood. The absence of the original embankment represents a change in site condition because the concrete ditch cannot be reconstructed without reconstructing the embankment. Finally, an access road had to be constructed so that Hall-Irwin could plug the breach in the southwest and northeast corners of the clay liner. The plugging of the breaches in the clay liner represents a change in site conditions and additional work that had to be performed outside the scope of the original contract. The Change Order provided to Hall-Irwin, amended on April 9, 2014, assign only the costs that are required due to the change in site conditions, a total of $135,426.43. The revised total represents only the eligible work that had to be performed by Hall-Irwin in order to repair the flood damages at the Hokestra Pit site. Weld County is requesting that FEMA reinstate the $135,426.43 as eligible cost for restoration of the impacted facility to pre-incident conditions. The FEMA Eligibility Determination memo identifies the total cost of the damage to the Hokestra Pit, which is an estimated $505,600.29. In addition, this Eligibility Determination memo asserts that the work to repair the Hokestra Pit is ineligible for reimbursement under the Public Assistance Grant Program (PA). The reason for the ineligibility is the "act of God" clause in Hall-Irwin's contract. There is no consideration for changes in site conditions that are not the responsibility of the contractor in accordance with the Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction. Section 104.02 and Section 104.03 of the specifications address how changes in the site condition and additional work are to be determined. This document is available at the following website: http://www.coloradodot.info/business/designsupport/construction-specifications/2011-Specs This letter is being submitted as an appeal to the FEMA Eligibility Determination memo and serves as a formal request to the State of Colorado (Grantee) and FEMA to version the aforementioned PW to include costs for work incurred by Weld County for permanent repairs under the Public Assistance Program to the Hokestra Pit, a total of $135,426.43. This version would change the PW obligated amount from $0.00 to $135,426.43. Pleasecontactmeat970-304-6540orrrudisill@co.weld.co.usifyouneedfurtherinformation. WeldCounty appreciates your consideration in this matter. Sincerely, pi/sod Roy Rudisill Director Weld County Office of Emergency Management - OEM 1150 O Street Greeley, CO 80632 Attachments: FEMA Eligibility Determination dated May 27, 2014 Letter from Hall-Irwin to Weld County Letter from Weld County to Hall-Irwin Hall-Irwin Change Order and Contract cc: Weld County Board of County Commissioners Ms. Johan C. Barrios, P.E., Colorado OEM Tommy Horton, Base Tactical (AUS) A\ N 1 71 gip EMERGENCY MANAGEMENT U.S. Department of Homeland Security FEMA State Joint Field Office FEMA 3365-EM-CO/4145-DR-CO • 9200 East Mineral Ave Centennial, CO 80112 QFQARflj .;( w4 .44' FEMA COD stC May 27, 2014 Roy Rudisill Director OEM, Weld County 1150 O Street Greeley, CO 80632 Dear Mr. Rudisill: Re: Public Assistance Eligibility Determination - Project Worksheet 01005 The Department of Homeland Security's Federal Emergency Management Agency (FEMA) has determined that the scope of work consisting of permanent repairs to the water control facilities under construction at the Hokestra Gravel Pit facility is ineligible for Public Assistance funding. FEMA has prepared PW 01005 to document Weld County's request; however, FEMA has approved no funding associated with this request. Please see the enclosed Public Assistance Determination Memorandum for detailed information on this determination. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and applicable regulations, the Applicant is entitled to appeal this eligibility determination. The Applicant may appeal this determination to the FEMA Region VIII Regional Administrator pursuant to 44 CFR § 206.206. If the Applicant elects to file an appeal, the appeal must: ( 1 ) contain documented justification supporting the Applicant's position, (2) specify the monetary figurein dispute, and (3) cite the provisions in federal law, regulation, or policy with which the Applicant believes the initial action was inconsistent. An appeal must be submitted to the State of Colorado, Office of Emergency Management, by the Applicant within 60 days of the Applicant's receipt of this letter. The Grantee's transmittal of that appeal, with a written recommendation, is required to be submitted to Region VIII within 60 days of receiving the Applicant's letter. In accordance with the FEMA Recovery Directorate Manual - Public Assistance Program Appeal Procedures (Version 2, 9/30/13), please forward this letter and enclosures to the Applicant and provide the FEMA Infrastructure Branch Director with proof of Applicant's receipt of notification within fifteen (15) days from the date of this letter. FEMA Public Assistance staff will also issue this letter directly to the Applicant by certified mail, return receipt requested. The date of receipt will serve as the date from which the Applicant's 60-day time period to file a first appeal runs. In such cases, the Applicant's 60-day time period to file a first appeal, through the Grantee, will run from the day it receives the letter from FEMA. Lastly, as FEMA will not accept additional information after issuance of the Regional Administrator's first appeal response, the Applicant must submit all relevant supporting information with its first appeal. For www.l eina_gov Public Assistance eligibility determination PW 0/005 May 27. 2014 Page 2 reference, a current list of documents in the Applicant's Case Management File relative to this determination is enclosed. If you have any questions please contact Leigh Dotson, FEMA Deputy PA Group Supervisor at 720-398- 7531 , or Leigh-Andrea.Dotson@feina.dhs.gov. Sin • ger es Infrastructure Brai h Director Federal Emergency Management Agency 9200 E. Mineral Ave .TFO-PA, Suite 200 Centennial, CO, 80112 Enclosures: FEMA Public Assistance Determination — Memo to File PA-08-CO-4145-PW-01005 FEMA Public Assistance Determination Memo Memo on all significant PA decisions, (approvals or denials), to be placed in the file (scan into EMMIE) as a record of the decision, and the reasons supporting the decision. Date: May 2, 2014 Applicant Name: Weld (County) Applicant Type: OState Agency ©Local Government Disaster Number: DR -4145 ❑Tribe ❑Private Nonprofit PW #(s): / DD G WELCO13 Category D PW Facility / Title Water Control Facilities - Hokestra J Gravel Amount Requested $ 505,600.29 i Amount Approved: $ 0.00 Project Description: (Provide brief summary of project as it pertains to the issue) At the time of the event, the Subgrantee's Hokestra Gravel Pit facility was under construction to convert the gravel pit facility into a water storage facility. The severe storms during the incident period caused flooding that damaged the gravel pit construction site. The Subgrantee's claim is for repairs to flood damage that occurred at the facility's construction site. issue: (Description of the issue involved with the work/project) The contract between the Subgrantee and the construction contractor, Hall-Irwin Construction Division, cites responsibility for any loss, injury or damage to the contract work, even for acts of God such as flood, as being the contractor's responsibility, not the County's responsibility. Applicable Law, Regulations, and FEMA Policy, (include reference name and number; e.g. 44 CFR § 206.225 Emergency Work; FEMA PA Guide, Pg. 4; DAP and the content of the reference that applies to the issue) Stafford Act Sections: Section 403 Essential Assistance 44 C.F.R. Section's, : 44 CFR § 206.223 - General work eligibility Other Federal None FEMA Policy: Precedence FEMA 321 Public Assistance Policy Digest, January 2008, p. 82 - Legal Responsibility FEMA 322 Public Assistance Guide, June 2007, p. 23 — Legal Responsibility, p. 28 — Facilities Under Construction or Scheduled for Replacement, pp. 29 -31 -- Work Analysis: (Describe how FEMA references above apply to the request/issue) Per 44 CFR, FEMA 321 and FEMA 322, work performed must be the legal responsibility of the eligible applicant in order to be considered for Public Assistance. However, per FEMA 322, p. 28, facilities that are under construction are typically the responsibility of the contractor until the owner has accepted the work as complete. Because a contractor is not an eligible applicant, the portion of the facility under the contractor's responsibility is ineligible for Public Assistance. Page 1 of 2 FEMA Public Assistance Determination Memo The Subgrantee's claim for flood remediation work at the Hokestra Gravel Pit construction site covers repairs for damages caused by the disaster event floodwater. The Subgrantee's contract with the construction firm explicitly states in Project Special Provision, Revision of Section 107 Legal Relations and Responsibility to Public, Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the contract work..." and replace with the following: Loss, injury or damage to the contract work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor or acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon of nature, shall be restored by the Contractor at no cost to the County. The floodwater damages occurred to the contractor's construction work site, which had not been turned over to the Subgrantee as complete. Therefore, the contractor, not the Subgrantee, is responsible for the described repairs and the repairs are ineligible for Public Assistance. PA Determination: DApproved ❑Partial Ox Denied (Provide brief description of final determination) The repairs for flood damages at the Hokestra Gravel Pit construction site are not eligible for Public Assistance. Prepared by: John H. Hurst, Project Specialist Date: May 2, 2014 Concurrence-PA Senior Leadership: Roger Jone;e4fiffastru .ture Bra h 'rector Date: May 2, 2014 Signature Documents Considered: List documents considered in making the determination provided above. Documents may include memos and letters, meeting minutes, site visit notes, Project Worksheets, pertinent emails, as well as engineering reports, plans, and drawings. Documents are to be scanned and entered into the Applicant's Case Management File. Refer to Public Assistance Determination Memorandum and CMF Document Controls Procedures for a summary of pertinent document types and standard file naming convention. Document Index • Subgrantee Application WELCO13 - Water Control Facilities - Hokestra Gravel Page 2 of 2 Federal Emergency Management Agency E-Grants Page 1 of 5 PA-08-CO-4145-PW-01005(0) P Applicant Name: Application Title: WELD (COUNTY) WELCO13 - Water Control Facilities - Hokestra Gravel Period of Performance Start: Period of Performance End: 09-14-2013 03-14-2015 Bundle Reference # (Amendment #) Date Awarded Subgrant Application - FEMA Form 90-91 Note: The Effective Cost Share for this application is 75% FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET DISASTER PROJECT NO. PA ID NO. DATE CATEGORY WELCO13 123-99123- 05-12-2014 D FEMA 4145 - DR -CO 00 APPLICANT: WELD (COUNTY) WORK COMPLETE AS OF: 03-11-2014 : 0 % Site 1of1 DAMAGED FACILITY: COUNTY: Weld Hokestra Gravel Pit Facility Repair LOCATION: LATITUDE: LONGITUDE: 40.1729 -104.97672 Current Version: T 2N R 68W Sec. 2 DAMAGE DESCRIPTION AND DIMENSIONS: Current Version: During the declared incident period of September 11, 2013, through September 30, 2013, the declared severe storms caused flooding, landslides and mudslides throughout Weld County in Colorado. The flooding of all the tributaries in the area, damaged several of the Weld County storm drainage facilities. The damaged facility on this project worksheet is the Hokestra Gravel Pit, which was an on going construction site. The applicant was in the process of using a contractor to convert an abandoned rock quarry to a water storage facility. The ongoing construction site was inundated with flood waters from the St. Vrain River, the Rural Ditch and the Last Change Ditch. The applicant has provided their contractor's, Hall-Irwin Construction Division, request for Change Order #2 (CO #2). CO #2 lists the following damages have been requested by the contractor to repair the damages sustained at the Hokestra Gravel Pit: This Project Worksheet is for the Hokestra Pit Facility Repair Only. The GPS coordinates given on the cover page are for Cell #2 at the Hokestra Pit Conversion project in Weld County, Colorado. (40.17290, - 104.97672) See the attached Location Map that shows the lay out of the Hokestra Pit, which includes Cell #2(aka Clay Liner) (5,400 Linear Feet (LF) around the perimeter and approximate depth of 18 Vertical Feet (VF), Cell #3 (aka North Slurry Wall)(4,600 LF perimeter and an average depth of 20 VF), Cell #4, Cell SE-1 & Cell SE-2 will be combined by the South Slurry Wall (5,950 LF perimeter and an average depth of 23 VF). Location: T 2N R 68W Sec. 1 A. Rural Return Flow Ditch 1000 - 1010 - 350 LF Rural Concrete Ditch South damaged by Flood Waters 1020 - 855 LF Rural Concrete Ditch between Last Chance & St. Vrain River damaged by Flood Waters 1030 - 855 LF Platform for Rural Concrete Ditch Platform between Last Chance Ditch & St. Vrain River damaged by Flood Waters 1040 - 1050 - 1060 - https://isource.fema.netiemmie/internallntegration?applicationld=3 57481 &sessionld=bX 1 ... 5/28/2014 Federal Emergency Management Agency E-Grants Page 2 of 5 B. 10' Concrete Trail - Covered on PW #WELCO36 2000 - 2010 - 2020 - 2030 - C. Existing Sough Repair 3000 - 450 CY On-Site Material Washed into Slough - Existing Slough Damage East of Sidewalk 3010 - 3020 - D. Clay Liner (Cell #2)(5,400 Linear Feet (LF) around the perimeter and approximate depth of 18 VF) 4000 - 4010 - 840 HR - Intitial Dewater of Clay Liner - Flood waters are from the declared event (included in CO #1 ) 4020 - 1 ,850 CY to sealCell #2 Side Slopes at the South West corner that have been damaged by Flood Waters 4020R - 40 HR Dewatering of Flood Waters during Clay Liner remediation at South West corner 4030 - 4,575 CY Construction Dewatering - Flood waters are from the declared event. 4030R - 110 HR - Construction Dewatering during Clay Liner Remediation at North East corner have been damaged by Flood Waters 4040 - Remove Bedding on North Slope to Inspect Clay Liner for Damage - 15,000 CY 4050 - 4060 - E. North Slurry Wall (Cell #3)X4,600 LF perimeter and an average depth of 20 VF) 5000 - 72 HR - Intitial Dewatering of North Slurry Walt - Flood waters are from the declared event 5010 - 5020 - 5030 - 5040 - 5050 - F. South Slurry Wall (Cell #4, Cell SE-1 & Cell SE-2) (5,950 LF perimeter and an average depth of 23 VF). 6000 - 240 HR Dewatering of South Slurry Wall - from Flood Waters from the declared event 6010 - 1 ,100 LF Silt fence along South Slurry Wall damaged by Flood Waters 6020 - 6030 - 650 CY Repair the South East corner of Slurry Wall Slope that was damaged by flood waters G. Topsoil Replacement • 7000 - 18,500 CY 4" to 6" Topsoil was lost in flood waters. H. Saint Vrain South River Bank Restoration - See PW #WELCO36 I. September Change Order Request #8 1 . - 138 HR Dewatering North Slurry Wall (Included in CO #1) that was flooded by Waters from declared Event 2. - 4 HR Remove Sediment in Last Chance Ditch to Alleviate Breach into Clay Liner that was deposited by flood waters 3. - 4. - 5. - The GPS coordinates for Cell #3 at the Hokestra Gravel Pit Facility in Weld County, CO. 80520 (40.16981 , -104.97148). Location: T 2N R 68W Sec. 1 . The GPS coordinates for Cell #4 at the Hokestra Gravel Pit Facility in Weld County, CO. 80520 (40.37267, -104.68162). Location: T 2N R 68W Sec. 1 . The GPS coordinates for Cell #SE-1 at the Hokestra Gravel Pit Facility in Weld County. CO. 80520 (40.17094, -104.96895). Location: T 2N R 68W Sec. 1 . The GPS coordinates for Cell #SE-2 at the Hokestra Gravel Pit Facility in Weld County, CO. 80520 (40.16924, -104.96876). Location: T 2N R68W Sec. 1. The GPS coordinates for Last Chance ditch Return Flow Ditch at the Hokestra Gravel Pit Facility in Weld County, CO. 80520 (40.147063, - 104.97902). Location: T 2N R 68W Sec. 1. The GPS coordinates for Rural Ditch Return Flow Ditch at the Hokestra Gravel Pit Facility in Weld County, CO. 80520 (40.17471 , - 104.97015). Location: T 2N R 68W Sec. 1 . SCOPE OF WORK: Current Version: WORK TO BE COMPLETED The scope of work associated with CO #2 includes all elements necessary to restore the damaged ongoing Hokestra Gravel Pit construction site in the Weld County. The applicant will utilize an ONSITE contractor that was already working on the active construction site at the • Hokestra Gravel Pit for an estimated total cost of $504,600.29. A breakdown is as follows: Hall-Irwin Corporation Construction Division - Change Order Request #2 is attached. https://isource.fema.net/emmie/internal Integration?applicationId=357481 &sessionId=bX 1 ... 5/28/2014 Federal Emergency Management Agency E-Grants Page 3 of 5 SCOPE NOTES: 1 . The applicant has provided their contractor's, Hall-Irwin Corporation Construction Division, request for Change Order #2. The contract language for the Hokestra Pit between Weld County and Hall-Irwin Construction Division clearly states that any damages at the ongoing construction site are Hall- Irwin's responsibility. 2. Examination of the contract between the applicant and the contractor it is clearly stated that the contractor is responsible to repair all damages at the active construction site at no cost to Weld County, including "Acts of GodTM. Also the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction are referenced in the contract and Section 5.21 of CDOT's Standard Spec.s indicates that "Partial Acceptance shall not void or alter any of the terms of the Contract". Both the contract between Weld County and the referenced CDOT Standard Specifications are attached to the EMMIE file. 3. All materials that have been designated as being REMOVED will be left ONSITE. 4. Applicant's contractor Hall-Irwin Construction sought reimbursement from Weld County, for damages resulting from disaster-related flooding. The list of damage is included on the attached document entitled "Hall-Irwin Construction Division Change order #2, dated 2/18/2014" (CO#2). 5. See attached Determination Memo. CO#2 includes items that fall into three basic Groups; 4-1 ) Damage addressed in PW Ref No WELCO36 (items 2000,2010,2020,2030,H-1 ,H-2,H-3,H-4,H-5,H-6,H-7,H-8,H-9,H-10 and H-11 ), 4-2) Damage with subtotal costs shown in (red in parentheses), and 4-3) Damage for which units and unit costs have been included, but without subtotals (items 1030,3000,3010,3020.4010,5000,5010,5020,6000,l-1 ,I-2,I-3,l-4 and I-5.). The amount of this PW is the total of damage included in Groups 4-2 and 4-3, which totals $504,600.29. Group 4-3 items include reference to their inclusion in Change Order #1 (CO#1). The reference to CO#1 only refers the first change order submitted to Weld County by Hall-Irwin, and these items are included in this project. Further, CO#2 includes damages a referenced to as "September Change Order Request #8", and these items are also included in this project. The applicant intends to use the On-site contractor for a total $504,600.29 to repair the damages to the active construction site at the Hokestra Gravel Pit. A. Rural Return Flow Ditch 1000 - Mobilization - 1 Lump Sum @ $2,250.00 = $2,250.00 1010 - Remove and replace damaged sections of Rural Concrete Ditch South of Complete Wash Out - 350 LF @ $65.50 = $22,925.00 1020 - Remove and replace damaged sections of Rural Concrete Ditch between Last Chance & St. Vrain River - 855 LF @ $4.10 = $3,505.50 1030 - Reconstruct Rural Concrete Ditch Platform between Last Chance Ditch & St. Vrain River - 855 LF @ $5.75 = $4,916.25 1040 - Replace Damaged section of Rural Concrete Ditch between Last Chance Ditch & St. Vrain River - 855 LF @ $41 .40 = $35,397.00 1050 - Additional Survey Work - 16 HR @ $70.00 = $1 ,120.00 1060 - Construction Observation and Testing - 8 DY @ $1,015.90 = $8,127.20 B. 10' Concrete Trail - This work is covered in PW #WELCO36 2000 - Covered on PW#WELCO36 2010 - Covered on PW#WELCO36 2020 - Covered on PW#WELCO36 2030 - Covered on PW#WELCO36 C. Existing Sough Repair 3000 - Repair Existing Slough Damage East of Sidewalk with On-Site Material Washed into Slough (included in CO #1 ) - 450 CY @ $8.50 = $3,825.00 3010 - Additional Material Testing (included in CO #1) - 1 DY @ $1 ,195.18 = $1 .195.18 3020 - Additional Survey Work (included in CO #1 ) - 4 HR @ $70.00 = $280.00 D. Clay Liner 4000 - Mobilization of Earthwork Equipment - 1 LS @ $5,250.00 = $5,250.00 4010 - Intitial Dewatering of Clay Liner - Includes set-up, monitoring, Intake/discharge hoses, re-set intake as needed, metering, water testing and tear down (included in CO #1) - 840 HR @ $51 .50 = $43,260.00 4020 - Construction Dewatering, Removal, Replacement & Finishing Slopes at South West corner to Seal side slopes at the South West corner of Cell #2 - 1,850 CY @ $7.31 = $13,528.13 4020R - Construction Dewatering during Clay Liner remediation at South West corner - 40 HR @ $51.50 = $2,060.00 4030 - Construction Dewatering, Removal, replacement & Finishing slopes at North East corner - 4,575 CY @ $7.88 = $36,028.13 4030R - Construction Dewatering during Clay Liner Remediation at North East corner - 110 HR @ $51 .50 = $5,665.00 4040 - Remove and Replace Bedding on North Slope to Inspect Clay Liner for Damage - 15,000 CY @ $2.75 = $41 ,250.00 4050 - Additional Material Testing - 12 DV @ $1 ,195.18 = $14,342.16 4060 - Additional Survey Work - 40 HR @ $70.00 = $2,800.00 E. North Slurry Wall 5000 - Intitial Dewatering of North Slurry Wall - Includes set-up, monitoring, intake/discharge hoses, re-set intake as needed, metering, water testing and tear down (included in CO #1) - 72 HR @ $51 .50 = $3,708.00 5010 - Dig Trenches to Connect Original Dewatering Monitoring Sump Holes to Expedite Dewatering (included in CO #1 ) - 110 HR @ $255.00 = $28,050.00 5020 - Periodic Dewatering of North Slurry Wall During and After Trench Excavation - Includes set-up, monitoring, intake/discharge hoses, re-set intake as needed, metering, water testing and tear down (included in CO #1) - 360 HR @ $51.50 = $18,540.00 5030 - Survey to re-shoot slurry wall centerline & top of North Slurry Wall washout areas - 12 HR @ $70.00 = $840.00 5040 - Repair North East corner of Slurry wall Cap. Price includes mobilization, excavator/operator, dozer/operator & dump truck/operator - 400 LF @ $10.45 = $4,180.00 https://isource.fema.net/emrnie/internallntegration?applicationId=35748 1 &sessionId=bX 1 ... 5/28/2014 Federal Emergency Management Agency E-Grants Page 4 of 5 5050 - Cleanup around North Slurry Wall with D-65 Dozer - 8 HR @ $210.00 = $1 .680.00 F. South Slurry Wall 6000 - Dewatering of South Slurry Wall - Includes set-up. monitoring, intake/discharge hoses, re-set intake as needed, metering, water testing and tear down (included in CO #1 ) - 240 HR @ $51 .50 = $12,360.00 6010 - Repair silt fence along South Slurry Wall - 1 , 100 LF @ $1 .35 = $1 .485.00 6020 - Survey to re-shoot slurry wail centerline & top of South Slurry Wall washout areas - 8 HR @ $70.00 = $560.00 6030 - Repair the South East corner of Slurry Wall Slope. Price includes mobilization, excavator/operator, dozer/operator & dump truck/operator - 650 CY @ $4.25 = $2,762.50 G. Topsoil Replacement 7000 - Option #1 Import and Spread 4" to 6" Topsoil - 18,500 CY @ $9.25 = $171 ,125.00 H. Saint Vrain South River Bank Restoration - See PW #WELCO36 I. September Change Order Request #8 1 . - Dewatering North slurry Wall (Included in CO #1 ) - 138 HR @ $51 .50 = S7. 107.00 2. - Remove Sediment in Last Chance Ditch to Alleviate Breach into Clay Liner (Included in CO #1 ) - 4 HR @ $255.00 = $ 1 ,020.00 3. - Repair and Forge Road around the Top of Clay Liner for access to Sub Drain (Included in CO #1) - 8 HR @ $255.00 = S2.040.00 4. - Sub Drain Pipe Clean-up - Labor (Included in CO #1 ) - 8 HR @ $30 00 = $240.00 5. - Sub Drain Pipe Clean-up - Equipment (Included in CO #1 ) - 8 HR @ $145.00 = $1 ,160.00 J. St. Vrain River Bank Restoration - Covered on PW #WELCO36 1 . - Covered on PW #WELCO36 2. - Covered on PW #WELCO36 3. - Covered on PVV #WELCO36 4. - Covered on PW #WELCO36 5. - Covered on PW #VVELCO36 6. - Covered on PW #WELCO36 7. - Covered on PW #WELCO36 8. - Covered on PW #WELCO36 9. - Covered on PW #WELCO36 10. - Covered on PW #WELCO36 11 . - Covered on PW #WELCO36 Change Order #2 Grand Total - $544.275.18 RECORD RETENTION: Complete records and cost documents for all approved work must be maintained for at least three (3) years from the date the project was complete or from the date final payment was received, whichever is later Applicant is responsible for retention of all documentation associated with this project. SUPPORTING DOCUMENTATION: 100% of the documentation to support this project has been reviewed and verified by the Applicant and Project Officer for eligibility and correctness. PROCUREMENT The applicant is required to adhere to State Government rules and regulations and maintain adequate records to support the basis for all purchasing of goods and materials and contracting services for projects approved under the Public Assistance program as stated in 44 CFR 13.36. The applicant has advised they have/will follow their normal procurement procedures. PERMITS: The PA Project Specialist has advised the Applicant that it is their responsibility to obtain all applicable local, state and federal permits prior to any construction or debris disposal activity referenced on this project. Applicant has also been advised that the lack of obtaining and maintaining these documents may jeopardize funding. INSURANCE: The applicant is aware that all projects are subject to an insurance review as stated in 44 CFR Sections 206.252. and 206 253. If applicable. and insurance determination will be made either as anticipated proceeds or actual proceeds in accordance with the applicants insurance policy that may affect the total amount of the project. DIRECT ADMINISTRATIVE COSTS: March 10. 2014 Pursuant to DAP9525.9 subgrantee is requesting direct administrative costs that are directly chargeable to this specific project. Associated eligible work is related to administration of the PA project only and in accordance with 44 CFR 13.22. These costs are treated consistently and uniformly as direct costs in all federal awards and other subgrantee activities and are not included in any approved indirect cost rates. Applicant has not provided DAC breakdown. so thie amount is estimated. Does the Scope of Work change the pre-disaster conditions at the site? E Yes No Special Considerations included? L; Yes No Hazard Mitigation proposal included? L _' Yes Is there insurance coverage on this facility? IC Yes L'' No No PROJECT COST ITEM CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST Version 0 *** Other I https://isource.fema.net/emmiei internallntegration?applicationld=35 7481 &sessionld=bX 1 .. . 5/28/2014 Federal Emergency Management Agency E-Grants Page 5 of 5 1 0000 Work to be Completed 0/LS $ 0.00 $ 0.00 2 9001 Contract 1/LS $ 504,600.29 $ 504,600.29 3 9901 Direct Administrative Costs 1/LS $ 1 ,000.00 $ 1 ,000.00 (Subgrantee) • TOTAL COST $ 505,600.29 PREPARED BY JOHN HURST TITLE Project Specialist SIGNATURE APPLICANT REP. Roy Rudisill TITLE Director - OEM SIGNATURE htt s://1source.fer1 a.net/emmie/lrltemnalInte ration?a licatl = — P g pp onId 357481 �,sessionId-bX1 ... 5/28/2014 Federal Emergency Management Agency E-Grants Page 1 of 2 PA-08-CO-4145-PW-01005(0) Applicant Name: Application Title: WELD (COUNTY) WELCd13 - Water Control Facilities - Hokestra Gravel Period of Performance Start: Period of Performance End: 09-14-2013 03-14-2015 Attachments User can only delete the attachments uploaded by them. File Document Hard Copy File Name Size Source User Date/Time Type Description File Action Reference 2-18-2014 Hall-Irwin 2-18-2014 03-11 - Hall-Irwin Corporation 874.82 Form JOHN 2014 Additional request for N/A N/A Request for KB 90-91 HURST 09:31 PM Information Change ge Chan Order9 2.pdf Order #2 Contract Contract HOKESTRA 03-11 - HOKESTRA GRAVEL PIT- 9.74 Form JOHN 2014 Additional GRAVEL PIT- N/A N/A SLURRY MB 90-91 HURST 09:34 PM Information SLURRY WALL 123.pdf WALL 123 CDOT Specs 03-11 - CDOT Specs Referenced in 5.72 Form JOHN 2014 Additional referenced in N/A N/A Hokestra Pit MB 90-91 HURST 09:35 PM Information Hokestra Contract.pdf Contract 03-11 - Hokestra Pit 390.66 Form JOHN 2014 Additional Hokestra Pit N/A N/A Firmette.pdf KB 90-91 HURST 09:49 PM Information Firmette Hall Irwin bid 1 .44 Form MARGERY 04-18- Contract Bid doc MB 90-91 COX 2014 Document Documentation N/A submittal.pdf 04:23 PM Submittal Hokestra Bid 04-18- Addendum 9.49 Form MARGERY 2014 Contract Bid Addendum N/A 2.pdf MB 90-91 COX 04:25 PM Document WELCO13 - WELCO13 - WELCO13 - Email PA 04-18- Email PA Email PA Policy_-. 107.51 Form MARGERY 2014 Additional Policy - Policy - N/A Infrastructure KB 90-91 COX Information Infrastructure Infrastructure Branch 04:28 PM Branch Branch Director.pdf Director Director WELCO13 - 04-18- WELCO13 - WELCO13 - Email PA 124.40 Form MARGERY 2014 Additional Email PA Email PA N/A Policy - FEMA KB 90-91 COX 04:32 PM Information Policy - Policy - FEMA OCC.pdf FEMA Legal Legal Hokestra Pit - Hokestra Pit - Pictures. 04-25- Location Map 1 .67 Form JOHN 2014 Additional Pictures, N/A N/A and MB 90-91 HURST 05:28 PM Information Location Map Firmette.pdf and Firmette WELCO13 WELCO13 DAC and JHH 04-29- DAC and JHH N/A N/A version of 431 . 79 Form JOHN 2014 Additional version of https://isource.fema.net/emm ie/dispatchDestination.do?menuTile=&topTile=dsHeader&bo... 5/28/2014 Federal Emergency Management Agency E-Grants Page 2 of 2 Change Order KB 90-91 HURST 09:56 PM Information Change #2.pdf Order 2 04-29- WELCO1 3 - 1 .46 Form JOHN 2014 Additional WELCO13 - N/A N/A CEF.pdf MB 90-91 HURST 10:01 PM Information CEF WELCO13 Weld County 05-08- WELCO13 Hokestra 643.58 Form STEFANIE 2014 Signed Gravel KB 90-91 SCHNEIDER 06:25 PM Determination N/A N/A Determination Memo Memo.pdf 19.52 EHP 05-16- recReport.pdf KB Review 2014 N/A N/A 05:43 PM Weld (County) Weld Weld (County) SA 1005 52.29 Form MARGERY 05-21 - PW (County) SA SA 1005 2014 1005 N/A Ineligibility KB 90-91 COX 03:36 PM Correspondence Ineligibility Ineligibility Notification.pdf Notification fication SA 1005 Weld County 05-28- SA 1005 Hokestra 441 .22 Form STEFANIE 2014 Signed N/A N/A Gravel Pit KB 90-91 SCHNEIDER 06:11 PM Notification Notification Letter Letter.pdf View EHP Attachments hops://isource.fema.net/emmie/dispatchDestination.do?menuTile=&topTiler-dsHeader&bo... 5/28/2014 EMMIE Page 1 of 1 .T Wit _ K . T "�' , Skip Navigation My Roles • Preferences Help Loo Out r ' .4,r.1)tie-a " �, in as: STEFANIE SCHNEIDER [ Session expires in 30 mins J Horne Tasks I Reports Administration Information I I Version: 2.02.02.00 Build: 20].3_7.1_22--001 Zic. ‘,c, . „,..ey�n3 ) Attachments Show: 1-5 #Rows!Page: 5 Show All showing 1 - 5 of 41 Next Last r. _ _.__..� I _ ._ ___ __ `.___ _ . ...-.._..�. ....._ _ ._ti.__._ r___._...-. _ Hard Copy ; - Delete . User Date ; Document Type Description Version File Activity View [ ,... .._.I e erence Alternative Alternative COX, 05/28/2014 Additional Procedures Procedures . Funding MARGERY 03:01 PM Information far Debris 1 for Debris Opportunity PPortuni I Removal ; ; Removal _.......... .-__ _. __. ...._.. __-._.__._.___a _ Form Form Ii —1 { SCHNEIDER `� SA 1005 Eiti 05/28/2014 I ; Signed Funding I STEFANIE 06:13 PM 1 Q Letter i Notification I Opportunity , - Weld ' Weld i I COX, 05/21/2014 PW (County) SA ! (County) SA Funding ® MARGERY 03:38 PM Correspondence 1005 1 1005 Opportunity Ineligibility Ineligibility ! ; Notification i Notification WELD SANDERS ! II gghi% 4/201 COUNTY Funding SHIRL/EY . Miscellaneous SIGNED EXIT ' 11O I Opportunity I I BRIEFING SCHNEIDER, 05!20/2014 !, SA 803, Signed I _ ____ • Al STEFANIE I 04:14 PM ! 1 Funding SI I Notification f Opportunity ! Letter L__ New Delete Return . . :..,-; .;• ..... .. . ..... .c. .._.r. - ... .... ..ems..... ...i��. • Get Adobe Rader Privacy Statement I Contact Us I FAQ I EMMIE Home I Glossary I Help I Logout Get Microsoft Excel OMB ###/I_#### Month Day, Year -Viewer https://isource.fema.net/emmieCommon/uploadAttachment.do 5/28/2014 Hall-Irwin Letter Differing site Conditions HALL-I RWIN 5D Years CORPORATION To: Weld County Public Works 111 H Street Po Box 758 Greeley, CO 80632-0758 Attn: Clay Kimmi, P.E., CFM, Senior Engineer RE: Hoekstra contract differing site conditions associated with September 2011 work Dear Mr. Kimmi: Per your request that Hall-Irwin Corporation provide a written summary describing how the additional pumping costs are a change in site conditions/extra work, we offer the following response: As you are aware, prior to the major September 2013 flood event Hall-Irwin Corporation had completed the construction for the Clay Liner Cell No. 2 and the North and South Slurry Walls (Cell SE-1 , SE-2 and 3). This included the complete dewatering of the Clay liner Cell No. 2, the South Cell (SE- 1 , SE-2 and 3) plus having the North and South Slurry wall sites dewatered to a steady state. Furthermore, both the North and the South Cells (SE- 1 , SE-2 and 3) were in the middle of a certified State leak test with all trending data showing that Hall-Irwin Corporation was on schedule to receive the State of Colorado Engineers Office approval for sealed storage vessels. Additionally, Hall-Irwin Corporation had completed the clay liner in Cell 2 and was preparing to line the North wall with rip rap and build the approved wet well in addition to starting the Leak Test associated with Cell 2. In September 2013, there was a major flood event causing both differing site conditions which was the responsibility of Weld County per section 104.02 and 104.03 and subsequent damages caused by the flooding which was the responsibility of Hall-Irwin Corporation as outlined in clause 107. 17 of the contract. The differing site conditions included all the water that entered the aforementioned Cells and remained behind and this water was not the responsibility of the Contractor, Hall-Irwin Corporation. Therefore, this remaining water was the responsibility of Weld County due to the fact that it changed the site conditions as the water did not exit the site. Additionally, in order for Hall-Irwin Corporation to repair damages to our work, caused by the flooding, Weld County needed to first remove the flood water from the site. Weld County then elected to enter into a change order with Hall-Irwin Corporation to have us remove the water on behalf of the County. This would allow Hall-Irwin Corporation to repair our damaged work, at our expense, so that we could resume (or start over) the State leak test certification and complete the project. Hall-Irwin Corporation understands that this differing site condition work falls under the guidelines of both l 04.02: Differing Site Conditions, Suspension of Work and Significant Changes to the Character of the Work, and 104.3 Extra Work and as such, we will need to provide all appropriate backup for the differing site condition's dewatering as the work progresses and we bill for the work completed. Should you have any further questions or concerns, feel free to contact the undersigned. Sincerely, Ed Laffe Vice President XC: File, C.O.# 1 Weld County Letter Differing Site Conditions ,3/4„ PUBLIC WORKS DEPARTMENT T/- '1. 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US 1/311-- <I- PHONE: (970) 304-9496 UNTO' G O__ _ - -z, FAX: (970) 304-6497 I April 28. 2014 Hall-Irwin Corporation Attention : Andy Laycock 301 Centennial Dr Milliken, CO 80543 Re: Hokestra Pit Request for Differing Site Conditions and Additional Work Dear Mr. Laycock. Hall-Irwin's letter requesting the County to review the Hall-Irwin Contract for the Hokestra Slurry Wall and Clay Liner project has been completed . In the letter. Hall-Irwin requests that the County review sections 104.02 and 104.03 of the Standard Specifications for Road and Bridge Construction (Specifications) for applicability to the flood damages sustained during the September 2013 floods. Because the project had not been accepted by Weld County. the flood damages that occurred to the project site are the responsibility of the Contractor per section 107. 17 of the Specifications. However, sections 104.02 and 104.03 of the Specifications allow for some compensation provided a change in site conditions has occurred and additional work is required . Prior to the September 2013 flood . both slurry walled cells and the clay lined cell were substantially drained of groundwater and a leak test had started for the slurry walled cells had started and a leak test for the clay lined cell was scheduled to begin . The flood event filled the three cells with flood waters and could not be drained without pumping after the flood waters receded. The filling of the cells with flood water that could not drain out after the flood represents a change in site condition. The State Engineer's Office requires that the cells be pumped in order to complete the leak test. Additionally, the cells had to be pumped out in order to complete the necessary repairs to the cells. Therefore, the pumping of the cells represents additional work. Additional work also had to be done in order to reestablish access to the site and to rebuild a ditch platform that was washed away. It appears that Hall Irwin's request to review the applicability of sections 104 .02 and 104.03 of the Specifications is valid . The pumping of the cells to remove flood waters resulted in a change in site conditions and additional work that was not covered by the original contract. The pumping of the cells, reestablishment of the site access, and reestablishment of the ditch platform also represents additional work that was not covered by the original contract. The Amendment to Change Order No. 1 will be processed in the amount of $ 135,426.43 as soon as Hall-Irwin provides the required documentation needed by Weld County. Sincerely, ; , lait Clay immi. P. E . . CFM Weld County Public Works Department Project Manager Page 1of1 M:\Weld County Flood 2013 Version 2\Site Specific Projects\Misc Projects\EM-Hokestra\Flood Repair\Letter to H-I for Change In Site Condition.doc 4 RESOLUTION RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR HOEKSTRA GRAVEL PIT FACILITY 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 a Community Development Block Grant Application for Hoekstra Gravel Pit Facility from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, to the Colorado Department of Local Affairs, commencing upon full execution, with further terms and conditions being as stated in said application, and WHEREAS, after review, the Board deems it advisable to approve said application, 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 Community Development Block Grant Application for Hoekstra Gravel Pit Facility from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, to the Colorado Department of Local Affairs, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of February, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WE COUNT LORADO ATTEST:C� ,w CC// [o GC arbara Kirkm er, Ch it Weld County Clerk to the Board Mike Freeman, Pro-Tern 1 . lo. , Las Dep t Clerk to the Board ��R CUSED A►. ��.n P Cony '1661 `i1®" '4:2 APPROVED AS TO FORM: '%AVW 4 /U t~ ie A. Cozad �o / County Attorney :t_ `- Steve Moreno Date of signature: a0 CG A,f, OEM a/at 2015-0449 EM0016 BC0045 c Colorado Division of Homeland Security Grant NOI / Application t, :. . J Emergency Management CDBG-DR Recover Colorado Infrastructure Program rTHIS SECTION FOR STATE USE ONLY DHSEM Identification Number: Colorado Point of Contact: CDBG-DR Program Manager Date NOI (Part A) Received: Colorado DHSEM 9195 East Mineral Avenue, Suite 200 Date Application (Part B) Received: Centennial, Colorado 80112 Office: 720.852.6713 Date Next Steps Letter Transmitted: Fax: 720.852.6750 cdps dhsem cdbg@state.co.us J PARTA - NOI: PROJECT OVERVIEW 1 . Applicant Legal Name: Weld County, Colorado 2. Applicant Type: ✓ Local Government Private Non-Profit (Attach copy of 501c3, if applicable) 3. Project Title: (8) - Hoekstra Gravel Pit Facility 4. Proposed Project Total Cost: $ 135,426.00 CDBG-DR-1 Request: $ 135,426.00 5. Certifications: The undersigned assures fulfillment of all requirements of the CDBG-DR Recover Colorado Infrastructure Program as contained in the program guidelines and that all information contained herein is true and correct to the best of my knowledge. The governing body of the applicant has duly authorized the document, commits to the non-Federal and State share identified in the Budget, and hereby applies for the assistance documented in this application. Also, the applicant understands that the project may proceed ONLY AFTER a GRANT AGREEEMENT is approved. Barbara Kirkmeyer Commissioner Weld County , Chair (970) 356-4000 Typed Name gl'Authorized Applicant Agent Rile Telephone Number 74FEB 1 1 2015 Sign we olAuthorized A licani Agent l)ate Signed 2015-0449 Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 1 of 20 en-2oa/0 v 7 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI: APPLICANT INFORMATION 1 . Applicant Legal Name: Weld County, Colorado 2. FIPS Code: 123 DUNS Number: 07575-7955 3. U.S. Congressional District: 4th Congressman Name: 4. State Senatorial District: 1 Senator Name: Mr. Cory Gardner 5. State Legislative District: 50 Representative Name: Mr. Ken Buck 6. Primary Point of Contact: The Primary Point of Contact is the person responsible for coordinating the implementation of this proposal, if approval is granted. Ms. . Mr. O Mrs. .. First Name: Roy Last Name: Rudisill Title: Director Organization: Weld County Office of Emergency Management (OEM) Street Address: 1150 O Street City: Greeley State: Colorado Zip Code: 80631 Telephone: (970) 304-6540 Fax: (970) 336-7242 Mobile: (970) 381-0417 E-mail Address: Rudisill@co.weld.co.us 7. Alternate Point of Contact: The Alternate Point of Contact is the person that can address questions or concerns in the Primary Point of Contact's absence. Ms. 5 Mr. . Mt s.n First Name: Barb Last Name: Connolly Title: Controller Organization: Weld County Accounting Street Address: 1150 O Street City: Greeley State: Colorado Zip Code: 80631 Telephone: (970) 356-4000 F; x: (970) 336-7242 Mobile: E-mail Address: boonnolly@co.weld.co.us 8. Application Prepared by: Ms. II Mr. O Mrs Ill First Name: Kyle Last Name: Jones Title: Planner Organization: ARCADIS-US Street Address: 3522 Thomasville Rd City: Tallahassee State: FL Zip Code: 32309 Telephone: (850) 895-4711 F; x: Mobile: (225) 202-3637 E-mail Address: kyle.jones@arcadis-us.com 9. Authorized Applicant Agent: Ms. NI Mr. . Mrs. III First Name: Barbara Last Name: Kirkmeyer Title: Commissioner Organization: Weld County Street Address: 1150 O Street City: Greeley State: Colorado Zip Code: 80631 Telephone: (970)356-4000 F; x: Mobile: E-mail Address: bkirkmeyer@co.weld.co.us The Authorized Applicant Agent MUST be the chief executive officer, mayor, etc. This person must be able to sign contracts, authorize funding allocations or payments, etc. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 2 of 20 I CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI: PROJECT DESCRIPTION & NATIONAL OBJECTIVES MET I. Project — Eligible Activity Description: Describe the proposed project. Explain how the proposed project will address recovery and/or resilience needs in your community either independently or as part of a larger project. Include a description of the desired outcome and the recovery objective(s) to be achieved. This narrative should describe the CDBG-DR Eligible Activity. This project will utilize funding from CDBG to be applied towards the costs for the repairs to be made to the Hokestra Gravel Pit Facility. This facility services the entire county and and supplies gravel for building and repairing roadways. This facility incurred severe damage from the flooding event which caused extensive damage to the gravel pit construction site and was identified under PW WELCO13. A Change Order No. 1 was amended on April 9, 2014 to remove all of the items that were agreed upon as the contractor's responsibility. The Amendment to Change Order No. 1 removed $767, 118.27 from the original work order leaving the County's remaining cost for the repair to the facility at $ 135,426.43, which is being requested for funding through CDBG . The revised request total will address the work that represents a change in site conditions and additional work that had to be performed by Hall-Irwin in order to repair the flood damages at the Hokestra Gravel Pit Facility site. 2. Site / Physical Location: Describe the area(s) affected/protected by this project, including location by complete street address and longitude and latitude (coordinates in decimal degrees). The Hoekstra Gravel Pit Facility is located at a Lat/Long coordinates of (40 . 1729; -104.97672) 3. Population Served: Briefly describe the demographics of the population served or protected by this project. Include the percent of the overall community population benefiting from this project. Explain your response. The majority of the population would benefit indirectly from this Project, because this facility supplies the gravel and materials county-wide for building and repairing the local roadways. The population benefiting from this Project will include an LMI level population percentage that will be indirectly impacted through this project. This NOI Project will benefit a large percentage of County and demographic area because it is a critical asset in Weld County. The demographics of the County include: White: 67.6%, Hispanic: 28.3%, Other: 1 .6%, Asian : 1 .3%, Black: 0.8%, Native American: 0.4%. Weld County consists of 99,317 households with a median household income of $56,589 and the majority of Weld County is owner-occupied with 70.5% Owners and 29.5% Renter. 4. Priority of this Project: If you are submitting more than one CDBG-DR Infrastructure NOI, what is the relative priority of this project? Please indicate the priority as: Priority # of## Projects Submitted. Priority 8 of 10 Projects Submitted . Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 3 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI: CDBG-DR FUNDING QUALIFICATIONS Community Development Block Grant — Disaster Recovery (CDBG-DR) funding can be approved for a project in which ALL of the following requirements are met The physical location of the activity must be within a county listed in Table 1 of the program Recover Colorado Infrastructure Grant Program Guidelines (Guidelines). 1. Connection to Disaster Recovery CDBG's Disaster Recovery funds must be used for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation from future damages.. The activity must show a direct link to damages received during one or more of the events listed in Table 1 of the Guidelines. Please provide a brief explanation of how the proposed acquisition activity: (1) was a result of the disaster event; (2) will restore infrastructure or revitalize the economy; or will (3) mitigate future damages. On September 12, 2013, the Saint Vrain River, Rural Ditch, and Last Chance Ditch over-topped and spilled into the Hokestra Gravel Pit site. Water from the Last Chance Ditch continued to flow into one of the cells for several weeks after the flooding event. The Hokestra Gravel Pit site is composed of several cells. Weld County was in the process of converting the various cells to water storage. There are 5 cells that are being converted to water storage. Cells 3, SE-1, and SE-2 were surrounded by a soil-bentonite slurry wall (South Slurry Wall). Cell 4 was surrounded by a soil-bentonite slurry wall (North Slurry Wall). Cell 2 was in the process of being lined with a clay liner (Clay Liner). There was also a concrete return flow ditch (Rural Ditch Return Flow structure) that had been constructed to convey water from the Rural Ditch into the North and South Slurry Walls. The return flow ditch extended from the Rural Ditch head gate to the Saint Vrain River. The flooding caused damage to the Facility site location and Weld County will utilize CDBG funding towards the repairs made to the site. This facility is a critical asset for the County in providing the gravel and materials necessary for sustaining and building their roads and infrastructure. 2. Compliance with National Objectives State recipients receiving allocations under the CDBG-DR program must certify that their projected use of funds will ensure, and maintain evidence, that each of its activities assisted with CDBG-DR funds meets at least one of the three National Objectives. a) Which of the National Objectives are met by proposed project? ✓ Will benefit low and moderate income (LMI) persons; or Will aid in the prevention or elimination of slums or blight; or I Is an Urgent Need in which meet community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. b) How will the proposed project meet the above checked National Objective(s). See attached LMI data for the Project. In addition to the LMI data attached, the State of Colorado (according to ACS 2008-2012 5Y) lists Weld County at a 41 .0% LMI. In reviewing the data for this Project NOI, the direct LMI level population was 38.6%. However, that percentage does not accurately capture the entire percentage of the LMI population that will indirectly benefit from this Project from the surrounding service areas. A large percentage of the community will benefit from the construction work to the Hoekstra Gravel Pit Facility due to this Site servicing numerous LMI service areas. It is believed that the service area for Project Site Location will benefit multiple LMI tract sections and thus a higher weighted percentage of at least 50% should be noted for this project due to Nature and Location of the activity that is being estimated and also the accessibility for the Site Locations that will benefit the surrounding areas of Weld County, both directly and indirectly. The LMI Data is broken down into 4 categories: 1 .) Low Income Persons 2.) Low and Moderate Income Persons 3.) Low, Moderate, and Medium Income Persons 4.) Persons with Potential for Being Deemed Low, Moderate and Medium Income Persons Finally, a % is given for individual lat/long coordinates for LMI Persons. *It is important to note that this spreadsheet does not take into consideration the potential for Accessibility Issues and Multi-Usage of Tracts. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 4 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 3. Compliance with the primary objective. As indicated in the Guidelines: "A proposed project's benefits to LMI persons will be an important factor in evaluating potential infrastructure projects. A total of 20% of the Recover Colorado Infrastructure project funding must benefit LMI persons. Due to the very low percentage of LMI projects submitted in the first round of infrastructure funding, it is estimated that approximately 25% to 30% of the funding available in this second allocation must meet the LMI requirement to make up for the deficit." This section does not need to be completed if the project does not meet this National Objective. The primary objective for using CDBG Disaster Recovery funds is benefitting, by at least 51 percent, persons of low and moderate income. The following section provides the information necessary to complete this requirement. a) Is the proposed activity: 1,/ jurisdiction wide specified target area If you checked specified target area, which data source was used? (Note: select the smallest unit of Census data that encompasses your proposed target area.) b) Enter the number of households involved in the proposed project. 99, 317 c) In the space below, describe how the applicant will comply with the requirement that at least 51 percent of CDBG-DR dollars will principally benefit low- and moderate-income households and persons. Weld County will comply with the 51% requirement due to the fact that this Infrastructure Project will be conducted around service areas of the county that qualify as LMI and this project will have not only a direct impact on the LMI population, but also an indirect impact as well. The Justification behind this methodology is that multiple service areas and tract sections of LMI populations will benefit in some capacity from this Project. Weld County even addressed their data search and criteria for LMI even further than State requirements as noted on the previous attached spreadsheet. LMI data was broken into four(4)sections to ensure that Weld County addressed the WI criteria properly: 1.)Count of Low Income Persons; 2.)Count of Low and Moderate Income Persons; 3.)County of Low, Moderate, and Medium Income Persons;4.)Persons with the Potential for Being Deemed Low, Moderate, and Medium Income Persons. Finally,a Percentage of Low and Moderate Income Persons was incorporated within the spreadsheet. d) Enter the number of households within each income category expected to benefit from the proposed project. Incomes above 80% of the County Median 200 Incomes above 50% and up to 80% of the County Median 465 Incomes at or below 50% of the County Median 805 e) Which type of income was used to determine the above? (Check only one) As determined by the American Community Survey (Public Facilities projects) Annual income as defined for Public Housing and Section 8 Annual income as reported under the Census long form Adjusted gross income as defined for reporting under IRS Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 5 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI: COMPREHENSIVE RISK ANALYSIS INFORMATION 1. Community Hazards Review: Please list and briefly describe in rank order of importance the natural or man-made hazards in your (the Applicant's) service area. The hazards identified within this Project for the Hoekstra Gravel Pit Facility would be ranked in the following manner: Flood , Erosion and Subsidence. The hazards caused significant damage and posed a severe risk to the community for the designated incident period . This Facility supplies gravel and materials county-wide for building and repairing roadways before, during and after an incident. This Facility was 4 heavily impacted during the designated incident period for FEMA-DR 4145 . 2. High Risk Hazards Addressed by the Project: Describe how, and the degree to which, the proposed project mitigates high risk hazards. Include damage history, source and type of problem, frequency of event(s), and severity of damage information, if available. Hazard 1 Flooding caused the most severe damage to the Hoekstra Gravel Pit Facility. The Site was inundated with flood water which caused extensive damage and required that repairs be made to the site location . Hazard 2 Erosion is a hazard that this Facility Location provides protection and mitigation measures `* for on behalf of the County as a critical asset. This Facility supplies gravel and materials to local roadways that are impacted and where repairs need to be made. issigmiosion nitioloso Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 6 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management Hazard 3 Subsidence is another hazard that this Facility Location provides protection and mitigation measures against. This Facility supplies gravel and materials to local roadways that are impacted and where repairs need to be made. Note: If your proposed project addresses more than three Hazards, please provide that information as an attachment. 3. Elimination of Risk: Does the proposed project result in the elimination of a hazard from your (the Applicant's) service area? If so, please describe. If not, please estimate the degree to which this project will mitigate the risk from the hazards identified in Item #2. The Hoekstra Gravel Pit Facility Project does not completely eliminate the hazards identified above for the community. However, this Project does allow Weld County to receive funding towards a critical local project that was impacted during the event and that supplies gravel and materials to local roadways before, during and after an incident. These types of hazards that occurred in Weld County and throughout Colorado are truly an act of mother nature and the County was as prepared as it could have been but the severity/duration of the incident was of an unprecedented nature. Weld County cannot eliminate the risk of future flooding, erosion or land subsidence, but Local Officials can ensure that their community is prepared for future incidents, take the necessary precautions and that their infrastructure is restored properly to its pre-disaster condition . 4. Environmental Quality Improvements: Does the proposed project result in an improvement in the quality of the natural environment in your (the Applicant's) service area? If so, please describe. Yes; work that will be completed at the Hoekstra Gravel Pit Facility will result in an improvement to the environment around the site location and also the community. The work done at the site location will address the repairs that are necessary to continue to provide the essential services it does to the County and its local roadways. Conditions to the environment would be much worse if the Facility does not receive funding and the Sites operations are reduced . 5. Climate Change Improvements: Does the proposed project reduce or ameliorate a projected impact of climate change in Colorado? If so, please briefly describe the benefit of the project. This Proposed Project reduces a projected impact climate change due to the proactive mitigation measures that are being proposed by Weld County. This will be accomplished by ensuring that damaged site location will addressed as soon as possible, and not to sustain any further impacts to the site locations or environment that would enable the damage to enhance the projected impact of any potential climate changes. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 7 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 6. Community Process: Does the proposed project include a community planning or involvement process that increases community resiliency? If so, please briefly describe the process. The proposed project does include a community planning process that increases resiliency through mitigation measures that the County undertook as a result of the severe flooding incident. The entire community will see impacts from this project upon funding as local roadways will continue to receive the necessary repairs needed for a safe conditions. 7. Reduction in the Costs of Future Response or Recovery: Will the proposed project result in a reduction in the cost of response or recovery from an incident occurring due to one or more of the hazards identified in Item #1 or #2? If so, please briefly describe how response or recovery costs will be reduced. For a small scale flooding incident, yes; however, the flooding that occurred during the designated incident period at the Site Location was catastrophic. 8. Floodplain/Floodway/Substantially Damaged Properties: Does the proposed project include a property or properties located in a floodway or floodplain; or not located in a regulatory floodplain but which were substantially damaged or have a history of damage from at least two disaster events? If so, please identify those properties below. No 9. Mitigation Planning: Does your community have a current FEMA approved multi-hazard mitigation plan? ✓ Yes l I No Location of proposed project in mitigation plan strategies: Page 139 Section/Part Mitigation Strategy/5 Is the community a member of good standing with the National Flood Insurance Program? ✓ Yes I No Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 8 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 10. Community Plan Compliance: Does the proposed project comply with and/or address an issue recognized in key community plans? Key plans include, but are not limited to: a Comprehensive Master Plan, a Stormwater Management Plan, a Hazard Mitigation Plans, or key community codes. If so, please describe how the project integrates into the plan(s). Yes; the Proposed Project complies with all local community plans and this Project integrates into the Plans b/c the County is proposing to address the damages to its infrastructure and mitigate against damages that pose a serious risk/hazard to County property and the community during the incident period . All necessary change orders/amendments have been issued for this Project and were pro-actively initiated by Weld County and via this Proposed Project, the County requests that CDBG funding be applied towards the Infrastructure @ the Hoekstra Gravel Pit Facility for this Project. 11. Environmental / Historic Preservation Issues: Please describe any significant environmental, historic, or cultural features that may be affected by the project. Please also describe any features that may be improved by the project. All environmental issues are addressed on the previously attached documents as supporting documentation . The significant EHP issues were in regards to the Endangered Species Act (ESA) and EHP Standard Conditions. All items were addressed and supporting backup documentation can be provided upon request and worked through during Part B of the NOI Application Process. 12. Permitting: Please list the local, state, and federal permits that will be required to complete this project. Weld County will acquire the proper local, state and federal permits as regulated for construction projects. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 9 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 13. Community Resilience: Please describe how this project will increase the resilience of your community. As defined in the Guidelines: "Resilience incorporates hazard mitigation and land use planning strategies; critical infrastructure, environmental and cultural resource protection; and sustainability practices to reconstruct the built environment, and revitalize the economic, social, and natural environments." In an effort to achieve resiliency from the severe storms and minimize risk to the general public, Weld County proposes to address severe damage that was incurred to the Hoekstra Gravel Pit Facility during FEMA-DR 4145. Flood waters inundated the Facility causing extensive damage to the Site Location . This Facility is a critical asset to Weld County and serves as the supplier for gravel and materials to local roadways that need building or repair before, during and after an incident. This Proposed Project will enable the community to recover in an expeditious manner and increase the resilience of the community by incorporating nearly every aspect of sustainability and revitalizing the community. The community was able to recover quicker due to the proactive work done through this Proposed Project. 14. Maps Please attach the following maps with the project site and structures marked on the map. Use SAME ID number as in the Individual Property Worksheets. Flood Insurance Rate Map (FIRM). If the FIRM for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHBM). City or county scale map (large enough to show the entire project area) USGS 1 :24,000 topo map Parcel Map (Tax Map, Property Identification Map, etc.) Overview photographs. The photographs should be representative of the project area, including any relevant streams, creeks, rivers, etc., and drainage areas which affect the project site of will be affected by the project. 15. Additional Comments (Optional): Enter any additional comments related to the proposed project's ability to reduce hazard risk and increase community resiliency. Please see attached the FEMA Appeal Letter for further documentation . Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 10 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI: DECISION MAKING PROCESS 1. Decision-Making Process: Describe the process you used to decide that this project is the best solution to the problem. Explain why this project is the best alternative you considered. Address questions such as: • Are you focusing on the area in your community that has the greatest potential for losses? • Have you considered the risks to critical facilities and structures and benefits to be obtained by mitigating this vulnerability? • Have you considered those areas or projects that present the greatest opportunities given the current situation(s) of interest in your community? • Are you addressing a symptom or the source of the problem? Addressing the source of the problem is a long-term solution which provides the most mitigation benefits. • If impacts to the environment, natural, cultural or historic resources have been identified, explain how your alternatives and proposed project address, minimize, or avoid these impacts. The Hoekstra Gravel Pit Facility is a critical asset for Weld County because it supplies the gravel and materials across the community to build and repair the roadways. This Project is for funding from a portion of the damaged to the Facility that was a direct result of FEMA-DR 4145 and the County would like to utilize CDBG funding towards this project because it truly benefits the entire community, both directly and indirectly. This project presents a successful outcome for repairing the damages that were incurred to the Facility as a result of the severe flooding that inundated the site location . 2. Acquisition Projects - Describe the community's methodology for selecting the properties to be acquired in this application and how each is ranked (highest to lowest): N/A 1111 Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 11 of 20 I _ e CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART A - NOI: SCOPE OF WORK / BUDGET OVERVIEW / FINANICAL FACTORS 1. Project Scope: Please provide a comprehensive and detailed description of the scope of the proposed project. Describe each of the project components and the steps necessary to complete that work. If the proposed project is a funding match for another disaster recovery or infrastructure development program, please identify the agency, program funds, and project reference number that CDBG-DR funding is intended to support. Also describe any critical deadlines that must be met to accomplish this work. On December 16, 2013, Weld County issued Change Order No. 1 to Hall Irwin in the amount of $903,544.69. The change order included the repair of the damaged slurry walls, repair of a concrete ditch, repair of the clay liner, repair of the bike trail, and the restoration of the south bank of the St. Vrain River. Discussions and site visits with FEMA representatives have occurred several times between January and April, 2014. As a result of those discussions, FEMA determined that much of the work contained in Change Order No. 1 should have been the Hall-Irwin's responsibility because their contract contained language in Subsection 107.17 stating "Loss, injury, or damage to the contract work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor or acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon of nature, shall be restored by the Contractor at no cost to the County." Hall-Irwin and the County acknowledge that the contractor is responsible for the some of the repair work at the Hokestra property. However, Hall-Irwin and the County contend that a portion of the change order should be covered as damage that is reimbursable by FEMA. The portion of the change order that is eligible for reimbursement represents a change in site conditions from what Hall-Irwin originally started with. The specifications for the Hall-Irwin contract include the Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction. Section 104.02 and Section 104.03 of the specifications address how changes in the site condition and additional work are to be determined. A change in site conditions occurred when the flood event filled the various cells with surface water. Prior to the flood event, Hall-Irwin had pumped the groundwater out of the cells and had started a 90-day leak test to provide the Colorado State Engineer's Office with evidence that the slurry walls and clay liner met the State's rules for a water storage reservoir. Because the cells were filled with flood water, Hall-Irwin had to pump the flood water out of the cells so that the repair work could be performed and the required 90-day leak test could be restarted. The requirement to perform the pumping before the repair work could be performed and the leak test could be restarted represents a change in site condition. An embankment for the concrete ditch had to be constructed because the flood washed away the original embankment that had existed prior to the flood. The absence of the original embankment represents a change in site condition because the concrete ditch cannot be reconstructed without reconstructing the embankment. Finally, an access road had to be constructed so that Hall-Irwin could plug the breach in the southwest and northeast corners of the clay liner. The plugging of the breaches in the clay liner represents a change in site conditions and additional work that had to be performed outside the scope of the original contract. Change Order No. 1 was amended on April 9, 2014 to remove all of the items that were Hall Irwin's responsibility. The Amendment to Change Order No. 1 removes $767, 118.27 from the original work order leaving $135,426 The revised total represents the work that represents a change in site conditions and additional work that has to be performed by Hall-Irwin in order to repair the flood damages at the Hokestra site. Therefore, Weld County is requesting that FEMA reimburse $135,426 of the original change order amount. 2. Community Priority: Please describe why this project is a priority for your organization. This Proposed Project is a priority for Weld County to utilize the CDBG funding towards the necessary repairs needed to the site location as a direct result of the severe flooding incident that caused a change in their progress and original contract for the Gravel Pit Facility. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 12 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 3. Project Cost Summary: Please summarize the major cost components of the project. Please round all values to the nearest dollar. a. Planning / Engineering / Design $ b. Environmental Compliance $ The value of general and/or c. Real Property Acquisition / Demolition $ professional labor wages must be tabulated in accordance d. Closing Costs / Legal Fees $ with the Davis Bacon Act of e. Housing Program Assistance $ 1931 f. Construction Costs $ g. Project Delivery Costs $ h. Other (specify below) $ 135,426.00 Change Order Amendment i. Total of a-h $ 135,426.00 j. Duplication of Benefits (if unknown at time of application enter zero). $ 0.00 k. Subtract j. from i. to determine Total Project Cost $ 135,426.00 Notes: Housing Program Assistance costs include the cost of compliance with Uniform Relocation Assistance (URA) and Comparable Housing Assistance (CHA) requirements. Project Delivery Costs include the costs of project delivery by the sponsoring organization but do not include administrative overhead. 4. Total Project Cost Allocations Proposed Project Total Cost: $ 135,426.00 Federal Cost Share: $ 135,426.00 State Cost Share: $ 0.00 $ 0.00 Local Cost Share 5. Basis of Cost Estimate: Briefly describe how the cost estimates listed in #3 above were developed (e.g. lump sum, unit cost, quotation, etc.). The Cost Estimates were developed by the County and they come directly off of the supporting documentation and cost estimates. 6. Project Management: Describe how you will manage the costs and schedule, and how you will ensure successful performance. Upon approval , CDBG funding will be applied towards the costs that Weld County incurred as a result of the severe flooding and the contract changes that followed . Note: The applicant must agree to furnish quarterly reports during the entire time the project is in active status. Quarters end on March 31st, June 30th, September 30th, and December 31st. Reports are due to the State within 15 days after the end of each quarter.) Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 13 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 7. Project Maintenance Requirements: The following questions are to give assurance on the project's maintenance over its useful life. Please answer each question and give a brief explanation. a. If the project involves the acquisition of real property, what is the proposed land use after acquisition? (i.e., Agriculture, Recreation, Vacant Land, Park, Wetlands, etc.) N/A b. Will the project require periodic maintenance? No c. If yes, who will provide the maintenance? N/A d. What is the estimated cost of maintenance on an annual basis? $ 0.00 Note: Cost of maintenance is considered an application prioritization weighting factor. Projects with high maintenance costs have a greater risk of future failure due to deferred maintenance. Therefore, the responses provided above should be as complete and verifiable as possible in order to minimize the likelihood of ranking point reductions due to maintenance concerns. 8. Additional Comments: Enter any additional comments related to the proposed project's funding, if desired. Weld County requests that the $135,426 total cost for the Hoekstra Gravel Pit Facility been funded through CDBG . 9. Financial / Fiscal Health Factors: Please indicate the total budget (all funds) of your organization. Please describe the impact of disaster recovery efforts to date on this budget. In addition, if this objective is selected based on the local governments inability to finance the activity, the municipality must also include in the application package a resolution stating this fact and supporting documentation such as budgetary information, a description of TABOR restrictions, and the most recent audit report or approved exemption from audit. Weld County's total 2015 budget is $4,307,031 ,089. The impact of the September, 2013 flooding has primary been on the damage to the county's road and bridge system. The damage has resulted in Weld County having to transfer $5 million from the Contingency Fund to the Public Works Fund in 2013 and in 2014 for a total of $10 million dollars. Without assistance from FEMA, FWHA, and CDBG the amount would have been several million more. The impact has also forced the county to shift local resources from projects unrelated to flooding to deal with the emergency situations created by the flood in both the 2013 and 2014 fiscal years. Even in 2015, the county is still using local resources to recover from the flooding. Fortunately, Weld County has always been fiscally conservative and budgeted responsibly. Had the county not taken the responsible approach to its finances county service would have had to have been cut to cope with the flood recovery. Weld County operates under the most restrictive property tax limitation in the state. Besides the TABOR limit of growth in property tax restricted to the CPI plus growth in new construction, the Weld County Home Rule Charter has a 5% limitation on property tax over the previous fiscal year. There are no exceptions to the limit for emergency situations, like the flooding. p Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 14 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART B - APPLICATION: PROJECT MILESTONES / TIMELINES / TASKS 1. Timeline / Tasks Insert the proposed work schedule as tasks to accomplish the overall goal of the proposed activity (i.e., appraisals, title search, closing, etc.), and provide a description of the task's purpose. This timeline will be used as a measurement tool for progress in the project's implementation and is included in the required Quarterly Reports. Also, FEMA uses the timeline for determining the approved period of performance. It will be the basis used to justify delays or extensions, if necessary, and should be estimated carefully. The first and last entries are state requirements and have already been entered. Task 1 : Timeframe: Task 2: Timeframe: Task 3: Timeframe: Task 4: Timeframe: Task 5: Timeframe: Task 6: Timeframe: Task 7: Timeframe: Task 8: Timeframe: Task 9: Timeframe: Final Inspection Report and Project Closeout Task 10: The Final Inspection Report is a review of the activity's paper documentation, showing the project was implemented as required. Once the review is completed, the 3 Months report and findings will be provided to the grantee for review and concurrence. The Timeframe: State submits the concurrence to FEMA as part of a closeout package to formally Total Project Timeframe: Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 15 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 2. Start Date & Pre-Award Costs: The start date for any project begins upon GRANT AGREEMENT approval by the State Controller. If a different start date or timeframe is needed, provide an explanation below. Also indicate if any pre- award activities or costs have been incurred or authorized. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 16 of 20 I CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management Please note that Part B is required for the final Application submittal. Part B sections may optionally be completed and submitted with the NOI. Please update any Part A section information when submitting you full Application. PART B — APPLICATION: ENVIRONMENTAL REVIEW 1. Environmental Review Background Information & Environmental Review Worksheet: In accordance with 24 CFR Part 58.22 (see below), all federally funded projects must accomplish an environmental review prior to beginning any work on a project. These HUD regulations are in place for two purposes: 1 . To ensure federal funds are used to place people of low and moderate income in environmentally safe conditions; and 2. To ensure federal funds are NOT used to negatively impact environmental conditions that exist near a project site. Please note the following limitations on CDBG-DR grant activities pending environmental clearance per 24 CFR Part 58.22. (a) Neither a recipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance under a program listed in Sec. 58. 1(b) on an activity or project until HUD or the state has approved the recipient's RROF and the related certification from the responsible entity. In addition, until the RROF and the related certification have been approved, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project under a program listed in Sec. 58. 1(b) if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives. (b) N/A for DOLA/CDPS projects. (c) If a recipient is considering an application from a prospective sub-recipient or beneficiary and is aware that the prospective sub-recipient or beneficiary is about to take an action within the jurisdiction of the recipient that is prohibited by paragraph (a) of this section, then the recipient will take appropriate action to ensure that the objectives and procedures of NEPA are achieved. (d) An option agreement on a proposed site or property is allowable prior to the completion of the environmental review if the option agreement is subject to a determination by the recipient on the desirability of the property for the project as a result of the completion of the environmental review in accordance with this part and the cost of the option is a nominal portion of the purchase price. There is no constraint on the purchase of an option by third parties that have not been selected for HUD funding, have no responsibility for the environmental review and have no say in the approval or disapproval of the project. (e) Self-Help Homeownership Opportunity Program (SHOP). In accordance with section 11 (d)(2)(A) of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note), an organization, consortium, or affiliate receiving assistance under the SHOP program may advance non-grant funds to acquire land prior to completion of an environmental review and approval of a Request for Release of Funds (RROF) and certification, notwithstanding paragraph (a) of this section. Any advances to acquire land prior to approval of the RROF and certification are made at the risk of the organization, consortium, or affiliate and reimbursement for such advances may depend on the result of the environmental review. This authorization is limited to the SHOP program only and all other forms of HUD assistance are subject to the limitations in paragraph (a) of this section. (f) Relocation. Funds may be committed for relocation assistance before the approval of the RROF and related certification for the project provided that the relocation assistance is required by 24 CFR part 42. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 17 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management Environmental Review Worksheet Check ALL of the activities listed below that will be included as part of the project, REGARDLESS OF THE FUNDING SOURCE: Q Information and financial services Administrative and management activities Environmental and other studies, resource identification, and the development of plans and strategies Most engineering and design costs associated with eligible projects Inspections and testing of properties for hazards or defects Project planning 0 Purchase of insurance os O Purchase of tools O Technical assistance and training yC :c .9„ 0 Interim assistance to arrest the effects of an imminent threat or physical deterioration in which the assistance W w does not alter environmental conditions. •`e Public services that will not have a physical impact or result in any physical changes❑ p y p p y g (e.g., employment, child .� care, health, education, counseling, welfare) �- 0 Assistance for temporary or permanent improvements that do not alter environmental conditions and are limited to protection, repair, or restoration activities necessary only to control or arrest the effects from disasters or imminent threats to public safety including those resulting from physical deterioration (Must also complete the Regulatory Checklist at the end of Exhibit IV-A) e9 ❑ Operating costs (e.g., maintenance, security, operation, utilities, furnishings, equipment, supplies, staff training and recruitment, other incidental costs) ✓ x ❑ Relocation costs ❑ Acquisition, repair, improvement, reconstruction, or rehabilitation when the facilities and improvements are in U place and will be retained in the same use without change in size or capacity of more than 20 percent 0 Special projects directed to the removal of material and architectural barriers that restrict the mobility of and W accessibility to elderly and handicapped persons U D Acquisition (including leasing) or disposition of, or equity loans on, an existing structure w ❑ Acquisition (including leasing) of vacant land provided the structure or land acquired, financed, or disposed of will be retained for the same use ❑ Acquisition, repair, improvement, reconstruction, or rehabilitation when the facilities and improvements are in place, but will change in size or capacity of more than 20 percent n Acquisition, repair, improvement, reconstruction, or rehabilitation when the facilities and improvements are in place, but will involve a change in land use, such as from non-residential to residential, commercial to industrial, or from one industrial use to another El Demolition 0 New construction This checklist must be included with the CDBG application. Please direct questions to the appropriate contact person below: DOLA/DLG DHSEM Steven Boand, State Disaster Recovery Manager Tamra Norton, Environmental Compliance Officer Department of Public Safety Department of Local Affairs Division of Homeland Security and Emergency Management 1313 Sherman Street, Room 521, 9195 E Mineral Ave, Suite 200 Denver, CO 80203 303-866-6398 Centennial, CO 80112 720.852.6713 tamra.norton@state.co.us steven.boand@state.co.us DPS/DOLA USE ONLY: Required level of environmental review: O Exempt O CENST O CESTO EA Reviewed by: Date of Review: Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 18 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management 2. Supplemental Environmental Review Information Enter any additional comments related to environmental concerns for the proposed project if desired. Please list and attach any documents or studies that have been prepared that support the Environmental Review Worksheet responses. Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 19 of 20 CDBG-DR Infrastructure Application Colorado Division of Homeland Security and Emergency Management PART B - APPLICATION : DETAILED PROJECT BUDGET 1. Detailed Project Budget: Please enter or attach a detailed and comprehensive final proposed budget for the project. Please note that CDBG-DR funds may be limited to the amount submitted with the NOT pending the availability of additional funding Attach any continuations or additional items as an Attachment to the electronic application and e-mail submittal. Page 20 of 20 I Hello