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Home My WebLink About841209.tiff RESOLUTION RE: APPROVE AGREEMENT BETWEEN THE U.S . ARMY CORPS OF ENGINEERS AND WELD COUNTY, COLORADO, CONCERNING EROSION PROTECTION ON THE SOUTH PLATTE RIVER AND AUTHORIZE COUNTY OFFICIALS TO SIGN WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter , is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board has been presented with an Agreement be- tween the U.S . Army Corps of Engineers and Weld County, Colorado, for local cooperation concerning erosion protection on the South Platte River, and WHEREAS , the terms and conditions of the Agreement are as stated in the Agreement, a copy being attached hereto and incor- porated herein by reference, and WHEREAS , after review, the Board deems it in the best interests of the citizens of Weld County to approve said Agreement. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Agreement between the U.S. Army Corps of Engineers and Weld County, Colorado , concerning erosion protection on the South Platte River be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the appropriate County officials be , and hereby are, authorized to sign said Agreement. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 30th day of July, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST • ` tc n a;, ELD COUNTY, COLORADO �/ Weld County and Recorder (3 aa r and Clerk to the Bogtd) Norman Carlson, Chairman 1 L_ ) _ va o De] uty County Cl rk acqu ine J bison, Pro-Tem APPROV D AS TO FORM: EXCUSED Gene R Bra t r 4 County Attorn ,� � Carlso ��Kf r � ti",--41.,.; LHR 551 J n T. Martin g 4 c cur 841209 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND WELD COUNTY, COLORADO FOR LOCAL COOPERATION FOR EROSION PROTECTION ON SOUTH PLATTE RIVER near PLATTEVILLE, COLORADO THIS AGREEMENT ENTERED INTO THIS 30th day of July 1984 by and between the UNITED STATES OF AMERICA (hereinafter called the "Govern- ment") represented by the Contracting Officer executing this agreement and Weld County, Colorado (hereinafter called the "County"). WITNESSETH THAT: WHEREAS, construction of the erosion protection project on South Platte River in Section 14, T.3 N. , R. 67W. near Platteville, Colorado (hereinafter called the "Project") was authorized by Section 14 of the Flood Control Act of 1946, approved 24 July 1946 (Public Law 79-526), as amended by Section 27 of the Water Resources Development Act of 1974, approved 7 March 1974 (Public Law 93-251) , and WHEREAS, the County hereby represents that it has the authority and legal capability to furnish the non-Federal cooperation required by the Federal legislation authorizing the project and by other applicable law. NOW, THEREFORE, the parties agree as follows: 1. The County agrees that, upon notification that the Government will commence construction of the Project, namely on South Platte River near Platteville, Colorado, substantially in accordance with Federal legislation authorizing said Project, pursuant to Section 14 of the Flood Control Act of 1946, approved 24 July 1946 (Public Law 79-526) as amended by Section 27 of the Water Resources Development Act of 1974, approved 7 March 1974 (Public Law 93-251), the County shall, in consideration of the Government commencing construction of said Project, fulfill the requirements of non-Federal cooperation specified in such legislation, to wit: (a) Provide without cost to the United States all lands, easements and rights-of-way necessary for the construction of the Project; (b) Hold and save the United States free from damages due to the construction, operation, and maintenance of the Project, except where such damages are due to the fault or negligence of the United States or its contractors; (c) Maintain and operate all the works after completion in accord- ance with regulations prescribed by the Secretary of the Army; E (d) Assume, if applicable, responsibility for all costs of the Project in excess of $250,000; (e) Provide Assurances of Compliance with Department of Defense Directive 5500.11, Nondiscrimination in Federally Assisted Programs, pub- lished in the Federal Register, 31 December 1964, and any amendments thereto or implementation thereof, as may be required by the Secretary of the Army; (f) Perform without cost to the United States, in conjunction with furnishing rights-of-way, all necessary removal or alteration of existinz. buildings and other improvements, and all necessary alterations to bridges (except railroad) , roads, streets, sewers, and other utilities; and (g) Assure that, in conjunction with acquiring rights-of-way, affected persons will be adequately informed of the benefits, policies, and procedures described in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) and in accordance with Sections 210 and 305 of said Act and implementing regulations, assure that: (1) Fair and reasonable relocation payments and assistance shall be provided to or for displaced persons, as are required to be provided by a Federal agency under Sections 202, 203 and 204 of the Act; (2) Relocation assistance programs offering the services described in Section 205 of said Act shall be provided to such displaced persons; (3) Within a reasonable period of time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to dis- placed persons in accordance with Section 205(c) (3) of said Act; (4) In acquiring real property, it will be guided, to the greatest extent practicable under State Law, by the land acquisition policies in Section 301 and the provisions of Section 302 of said Act; and (5) Property owners will be paid or reimbursed for necessary expenses as specified in Sections 303 and 304 of said Act. (h) Assume responsibility and to pay damages, if necessary, in the event of failure to perform in accordance with Section 221 of Public Law 91-611. (i) Obtain all necessary permits and licenses, and obey and abide by all applicable laws, regulations, and other rules of the United States of America, of the State, or political subdivisions thereof wherein the project is located, or of any other duly constituted public authority. 2. The County hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon lands which it owns or controls, for access to the project for the purpose of inspection, and for the purpose of operating, repairing and maintaining the project if such inspection shows that the County for any reason is failing to :operate, repair and maintain the project in accordance with the assurances hereunder and has persisted in such failure after a reasonable notice in writing by the 2 Government delivered to the County. No operation, repair and maintenance by the Government in such event shall operate to relieve the County of responsibility to meet its obligations as set forth in Paragraph 1 of this Agreement or to preclude the Government from pursuing any other remedy at law or equity. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year above first written. THE UNITED STATES OF AMERICA Weld County, Colorado BY AAAAr.• r V BY r ./L, de-4-441-..— WILLIAM R. ANDREWS, Jr. Colonel, Corps of Engineers District Engineer Chairman, Board of County Commissioners Contracting Officer Title Date: July 30, 1984 ► FOR THE SECRETARY OF THE ARMY AT(E_ST: 1 "/"""^ 1 WELD COUNTY CLERK AND RECORDER AND CLERK TO THE 8 RD 2 4- JAN 7984 BY' C)7 p1.� P , ire ir.c. J DATE: Depub) County Clerk 3 CERTIFICATE OF AUTHORITY Thomas 0. David , do hereby certify that I am the attorney for Weld County, Colorado, that Weld County is a legally constituted public body with full authority and legal capability to perform the terms of the agreement between the United States of America and Weld County, Colorado in connection with the erosion protection project on South Platte River near Platteville, Colorado, and to pay damages, if necessary, in the event of the failure to perform in accordance with Section 221 of Public Law 91-611 and that the person who has executed the contract on behalf of Weld County, Colorado has acted within his statutory authority. IN WITNESS WHEREOF, I have made and executed this Certificate this 30th day of July , 19 84 Attorney for Weld County, Colorado 1- 4 CERTIFICATE OF APPROVAL I , the undersigned attorney at law, as Attorney of Weld County, Colorado, which said Weld County, Colorado, has undertaken to act as local sponsor of the Erosion Protection Project on the South Platte River near Platteville, Colorado, hereby certify that I have reviewed the contract dated the 30th day of July , 19 84 , between the United States of America and Weld County, Colorado, and have approved said contract and the provisions contained therein, both as to form and substance, including, but not limited to, those provisions whereby the County, has agreed to pay damages , if necessary, in the event of failure to perform in accordance with Section 221 of Public Law 91-611 . IN WITNESS WHEREOF, I have made and executed this Certificate this 30th day of July , 19 84 21L: e-2 Attorney for Weld County, Colorado DECLARATION OF FINANCIAL ABILITY I, Donald D. Warden, Director of Finance and Administration of Weld County, Colorado, do hereby declare that the County under the laws of the State of Colorado and its authority to levy taxes, is financially capable of meeting the construction, operating, maintaining and repairing costs of the project. I further declare that the Road and Bridge Fund will be used for the purpose of construction, operating, maintaining and repairing the project. There were $2,100 allocated to the fund for this fiscal year. As of this day, there is a balance of $1,756,538.39 on hand in that fund. Dated this 30th day of July, 1984. / BY: rector o Fi ce an Administration Weld County, Colorado Erosion Protection Project South Platte River near Platteville, Colorado ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Weld County, Colorado (hereinafter called "Applicant- Recipient") HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300, issued as Department of Defense Directive 5500.11, December 28, 1964) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Directive, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant—Recipient receives Federal financial assistance from the Department of the Army, and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by this Department of the Army, assurance shall obligate the Applicant- Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant- Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant—Recipient for the period during which the Federal financial assistance is extended to it by the Department of the Army. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant— Recipient by the Department, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant—Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant- Recipient. Dated July 30, 1984 We County.� �� Colorado \`�µ `'��ant—Recipient) By (President, Chairman of Board, or comparable authorized official) P.O. Box 758 'Mal 4-E W ATTEST: ��// %�/NA Greeley, CO 80632 (Applicant—Recipient's WELD COUNTY CLERK AND RECORDER Mailing Address) A N2 CLERK TO THE UOARD — { BY�: . .7L\...: -ITLi a �....�= s. -"2c-44.1 Deputy County Clerk f$T Op s4'v< °PIIIG DEPARTMENT OF THE ARMY a\. 4ey °3�1z OMAHA DISTRICT CORPS OF ENGINEERS 1 6014 U.S. POST OFFICE AND COURTHOUSE ❑ P7 OMAHA. NEBRASKA 68102 REPLY TTE ATTENTION OF July 18 , 1984 Planning Division Mr. Rod Hutchison Department of Engineering 933 North 11th Avenue P.O . Box 758 Greeley, Colorado 80631-0758 Dear Mr. Hutchison : We are nearing completion of the Initial Appraisal Study of an erosion problem on the South Platte River that is threatening County Road 32-1 /2 and Bridge 32-1 /2 - 21B near Platteville, Colorado. The study is being completed under the authority of Section 14 of the 1946 Flood Control Act , as amended . Three possible solutions for correcting the erosion problem were investigated. Alternative 1 would consist of stone-fill revetment placed immediately riverward and parallel to the existing bankline. The left bank abutment would be protected by 350 feet of stone-fill revetment and the right bank abutment by 250 feet of stone-fill revetment. The upstream end of each revetment segment would be protected from flanking by a windrow refusal 30 feet long. A plan view and typical sections of this alternative are enclosed. The total estimated cost of the alternative is $128 ,800 . Alternative 2 would consist of windrow refusal with abutment protection. The 50-foot long stone-fill revetment would be placed immediately upstream of the bridge abutments and the windrow refusals would be keyed back into the bank to protect the roadway and prevent flanking. The left bank refusal would be 150 feet long and the right bank refusal would be 100 feet long. A plan view and typical sections of this alternative are enclosed. The total estimated cost would be $66 ,700. Alternative 3 would consist of hardpoints. A stone spur protruding into the river would be placed along both the left and right banks of the river upstream of the bridge. The hardpoints would extend approximately 30 feet into the channel to redirect the flow and would be spaced approximately 100 feet apart. The hardpoints would be keyed back into the bank with stone refusals to prevent flanking. A plan view and typical sections of Alternative 3 are enclosed. The total estimated cost of Alternative 3 is $95,100. Alternative 2 is the selected plan. The total estimated Federal cost of this alternative would be $64,600. The non- Federal estimated costs for lands, easements and rights-of-way would be $2,100 and would be the responsibility of Weld County. The annual cost of operation and maintenance is estimated at $1 ,700 and would also be the responsibility of Weld County. Before we can complete the Initial Appraisal Study report, Weld County, as the local sponsor for the project, must indicate its willingness and ability to provide the required local cooperation. To accomplish this, five documents are enclosed. These are an Agreement for Local Cooperation, a Certificate cf Authority, A Certificate of Approval , a Declaration of Financial Ability and an Assurance of Compliance with the Department of Defense Directive under Title VI of the Civil Rights Act of 1964 . Weld County must approve the project along with the documents and authorize the appropriate County officials to sign the documents on behalf of the County. This approval and authorization may be in the form of a resolution. One signed copy of the Resolution should be returned to us when completed. The Agreement for Local Cooperation, Certificate of Authority, Certificate of Approval , Declaration of Financial Ability and Assurance of Compliance with the Department of Defense Directive under Title VI of the Civil Rights Act of 1964 should be signed as indicated. Three signed copies of these agreements should be returned to us. We would appreciate your returning the signed documents to us by express mail by 26 July 1984 , in order for us to keep this potential project moving ahead on schedule. If this cannot be done or if you have any questions , please call the project manager, Mr . Jim Vodicka at (402 ) 221-4628 . Our final report and the signed agreement will be submitted to the Corps of Engineer's Missouri River Division office and to the Office of the Chief of Engineers for review and approval. The Omaha District Engineer, Colonel William R. Andrews, Jr. , will sign the Agreement on behalf of the United States after the Agreement has been approved by the Chief of Engineers. We will then furnish you a copy of the Agreement and of our final report . -3- If the project proceeds on schedule, we should be notified of project approval in August 1984. Award of a construction contract is scheduled for November 1984 and the project should be completed by December 1984 . Sincerely, \AAGSti,%‘^n-t— Arvid L . Thomsen Chief, Planning Division Enclosures ' I c 1 6 0 _ . 47/6tYI 47ee _•'B6 a ay .ras .eG.I • \ zb i1 �, I I v A Z OL 1JD1 4776 • _ -77D `12 \, 1YJ93 479 y,. 4790 ' V LID ' .4JD1 7 H Li.] G H H _\4• • L �i S / • • 5 P 4796 Pk O - ! -FIV ..�. 479 C. f ^ 1� .900:-..... 4 " ''\1I� 47:5 13 ' n_\—t5 ego I • • _ 'I = — —i. . . 1 r , 1 ,,� o I Pfeil Ct F _ •••.: Area \c "., . :I: I 1Y4795 ;' m 4- .- . 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NEBRASKA 68102 REPLY TO ATTENTION OF January 28, 1985 Real Estate Division SUBJECT: Local Cooperation Agreement with Weld County, Colorado on South Platte River near Platteville, Colorado Mr. Norman Carlson Chairman, County Commissioners Weld County c3`` 1 1985 / P.O. Box 758 Greeley, Colorado 80632-0758 _ c o � t �, Lo, Dear Mr. Carlson: This is to advise you that Colonel William R. Andrews, Jr. , District Engineer, Omaha District Corps of Engineers, has approved and accepted the subject Local Cooperation Agree- ment between Weld County, Colorado, and the United States of America on January 24, 1985. We are enclosing signed, original copies of the following documents relating to the subject project for your records: 1. Local Cooperation Agreement 2. Certificate of Authority 3. Certificate of Approval 4. Declaration of Financial Ability 5. Assurance of Compliance with the Department of Defense Directive Under Title VI of the Civil Rights Act of 1964. Thank you for your courtesy and cooperation in this matter. Sincerely, Zialtrekelik. Gary D. Blair Chief, Real Estate Division Enclosures July 18 , 1934 Planning DiViiCP p r. Rod Hutchison Department of L* inc erin ;, 933 North: 11th Avenue P.C. Box 758 Crcel€y , Colcrecia 80631.0758 Dear Mr. Hutchison : We are nearing completion of the Initial Appraisal Study of an erosion problem on the South Platte River that isthreatening County Road 32.1/2 and Bridge 32-1/2 - 21f' near Platteville, Colorado. The study is being completed under the authority of Section 14 of the 1946 Flood Control Act, as amended. Three possible solutions for correcting the erosion problem were investigated. Alternative 1 would consist of stone-fill revetment placed immediately riverward and parallel to the existing bankline. The left bank abutment would be protected by 350 feet of stone-fill revetment and the right bank abutment by 250 feet of stone-fill revetment. The upstream end of each revetment se6 ent would be protected from flanking by a windrow refusal 30 feet long. A plan view and typical sections of this alternative are enclosed. The total estimated cost of the alternative is $128,800. Alternative 2 would consist of windrow refusal with abutment protection. The 50-foot long stone-fill revetment would be placed immediately upstrea of the bridge abutments and the windrow refusals would be keyed back into the bank to protect the roadway and prevent flanking. The left bank refusal would be 150 feet lone. and the right bank refusal would be 100 feet long. A plan view and typical sections of this alternative are enclosed. The total estimated cost would be $66 ,700 . Alternative 3 would consist of hardpoints. A stone spur protruding into the river would be placed along both the left and right bank; of the river upstream; of the bridge. The hardpoints { would extend approximately 30 feet into the channel to redirect -2- the flow and would be spaced approximately 100 feet apart. The hardpoints would be keyed back into the bank with stone refusals to prevent flanking. A plan view and typical sections of Alternative 3 are enclosed. The total estimated cost of Alternative 3 is $95,100. Alternative 2 is the selected plan. The total estimated Federal cost of this alternative would be $64,600. The non- Federal estimated costs for lands, easements and rights-of-way would be $2,100 and would be the responsibility of Weld County. The annual cost of operation and maintenance is estimated at $1 ,700 and would also be the responsibility of Weld County. efore we can complete the Initial Appraisal Study report, Weld County , as the local sponsor for the project, must indicate its willingness and ability to provide the required local cooperation. To accomplish this , five documents are enclosed. These are an Agreement for Local Cooperation, a Certificate of Authority, A Certificate of Approval , a Declaration of Financial Ability and an Assurance of Compliance with the Department of Defense Directive under Title VI of the Civil Rights Act of 1961 . Weld County must approve the project along with the documents and authorize the appropriate County officials to sign the documents on behalf of the County. This approval and authorization may be in the form of a resolution. One signed copy of the Resolution should be returned to us when completed. The Agreement for Local Cooperation, Certificate of Authority, Certificate of Approval , Declaration of Financial Ability and Assurance of Compliance with the Department of Defense Directive under Title VI of the Civil Rights Act of 1964 should be signed as indicated. Three signed copies of these agreements should be returned to us. We would appreciate your returning the signed documents to us by express mail by 26 July 1984, in order for us to keep this potential project moving ahead on schedule. If this cannot be done or if you have any questions , please call the project manager , {1r. Jim Vodick2 at (402) 221-4628 . Our final report and the signed agreement will be submitted ' Missouri the Corps of Engineer's River Division office and to the Office of the Chief of Engineers for review and approval. The Omaha District Engineer, Colonel William R. Andrews, Jr. , will sign the Agreement on behalf of the United States after the Agreement has been approved by the Chief of Engineers. We will then furnish you a copy of the Agreement and of our final report. If the project proceeds on schedule, we should be notified of project approval in August 1984. Award of a construction contract is scheduled for November 1984 and the project should be completed by December 1984 . Sincerely, Arvid L . Thomsen Chief , Planning Division Enclosures Hello