HomeMy WebLinkAbout841210.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN THE U.S . ARMY CORPS OF ENGINEERS
AND WELD COUNTY, COLORADO, CONCERNING EROSION PROTECTION
ON CACHE LA POUDRE 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 Cache
La Poudre 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, Colo-
rado, concerning erosion protection on the Cache La Poudre 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 .
ATTEST: ' " I JGl} kink t(� WE BOARD COUNTY COMMISSIONERS
LDCOUNTY, COLORADO
Weld County Clerk and Recorder C. .'
and Clerk to the Boat Norman Carlson, Chairman
Deputy County Clerk J.:cqu: ine o nson, Pro-Tem
APPROVF94 AS TO FORM: EXCUSED
/ . Gene R Brag
County Attor y C uc Carls n
Piett,LHR 551 JMartin/ 4
841210
AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
WELD COUNTY, COLORADO
FOR LOCAL COOPERATION
FOR EROSION PROTECTION
ON CACHE LA POUDRE RIVER near WINDSOR, COLORADO
THIS AGREEMENT ENTERED INTO THIS 30thday of July 19 ga 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 Cache
La Poudre River in Section 36, T.6.M. , R. 567W 3 1/2 miles S.E. of Windsor,
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 Cache La Poudre River near
Windsor, 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;
(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 alteratio❑ of existing
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 SArbyI2. Y By t rn IG l.C WILLIAM R.R. ANDREWS, Jr.
Colonel, Corps of Engineers
District Engineer Chairman, Board of Commissioners
Contracting Officer Title
Date: July 30, 1984
A7'?Si: 44
FOR THE SECRETARY OF THE ARMY
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE RD
u '19B4 o rity�-�.c ,
Z `: ,JAN De ty County Clerk
DATE:
3
CERTIFICATE OF AUTHORITY
I 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 in connection
with the erosion protection project on Cache La Poudre River near Windsor,
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 has acted
within his statutory authority.
IN WITNESS WHEREOF, I have made and executed this Certificate this 30th day
of July , 19 s4 •
°Ca-Cat-0
Attorney for Weld County, Colorado
4
CERTIFICATE OF APPROVAL
I, the undersigned Attorney at Law, as attorney of Weld County,
Colorado, which said County has undertaken to act as local sponsor of the ero-
sion protection project on Cache La Poudre River near Windsor, 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 , 1984
Attorney for Weld County, Colorado
5
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. / '1
BY:
i ctor of i e a d Administrat on
Weld County, Colorado
Erosion Protection Project
Cache La Poudre River near Windsor, 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 Weld ('ninry Colorado
_ (Applicant-Recipient)
By f
� �^v -rvvc - l ' , a
(President, Chairman of Board, or
comparable authorized official)
P.O. Box 758 ATTEST:\ /� S AL
a� /-
Greeley. CO 80612 WELD COUNTY LERK
AND ECORDEER/
(Applicant-Recipient's AND CLERK TO THE O ,RD
Mailing Address) a
^enuty kounty Clerk �y
DATA REQUIRED BY THE PRIVACY ACT OF 1974
IS US C ss_.I
oiatet:vt
MRO Form 1277 — Assurance of Compliance 'ER 1130-2-314
-i •uTHQSIrr
Title VI of the Civil Rights Act of 1964 (42 USC 2000d-1; 78 Stat. 252); Age Discrimi-
nation Act of 1975 (42 USC 6102); Rehabilitation Act of 1973. as amended (29 USC 794)
TuwinSFisI
To assure that every application of Federal financial assistance to carry out a
program or to provide a facility, as authorized under laws administered by any
component of the Department of Defense, snail , as a condition to its approval and
the extension of any Federal financial assistance pursuant to the applications,
contain or be accompanied by an assurance that the program will be conducted or
the facility operated in such a manner that no person in the United States shall,
on the grouni of race, color,age, sex.religion.handicap or national origin, be
excluded from participation in, be denied the benefits of,or be otherwise subjected
to discrimination under any such programsLnrtivity .
w - 'Et usEs
Information secured from completed MRO Form 1277 is used in determining whether
or not the recipients of nominal or no consideration grants are in continuing
compliance with the requirements of Title VI of the Civil Rights Act of 1964,
the Age Discrimination Act of 1975 and the Rehabilitation Act of 1973. A
register of compliance is maintained from reports submitted and checked by
field inspectors.
" 'VWe":a"appear; %v$es`Y° a3lui8 b`>EEaf'L9ibli7 UiliM' is pgv %n Flfridraie necessary
information, and if the noncompliance or threatened noncompliance cannot be corrected
by informal means, compliance may be effected by the suspension or termination of or
refusal to grant or to continue Federal financial assistance or by any other means
author?zed by law as determined by the responsible Department official. Such other
means may include, but are not limited to (1) a reference to the Department of Justice
with a recomendation that appropriate proceedings be brought to enforce any rights of
the United States or any assurance or other contractual undertaking. and (2) any
MR0 FORM lj(] Privacy Act Summon - 26 Sp 75 applicable proceedings under State or
local law.
ENT_Of
3 r "l^, .04\ DEPARTMENT OF THE ARMY
4R_ _ LZ OMAHA DISTRICT CORPS OF ENGINEERS
ift 6014 U.S. POST OFFICE AND COURTHOUSE
OMAHA. NEBRASKA 68102
rms . ' REPLY TO July 23, 1984
ATTENTION OF
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 Cache La Poudre River near Windsor,
Colorado, that is threatening County Bridge 27-62B. The study is
being completed under the authority of Section 14 of the 1946
Flood Control Act, as amended.
Two possible solutions for correcting the erosion problem
were investigated. Alternative 1 consists of 500 feet of stone-
fill revetment placed along the roadway shoulder and next to the
bridge abutment on the left bank. To prevent possible erosion to
the right bank abutment, caused by the severe flow alignment of
the left bank revetment, an additional 125 feet of revetment is
required along the right bank. A plan view and typical sections
of this alternative are enclosed. The total estimated cost of
the alternative is $144 ,300.
Alternative 2, the selected plan, would be stone-fill
revetment with a chute closure. This plan would consist of a
stone-fill revetment upstream of the roadway at the initial point
of damage and continuing downstream through the bend. In
addition, a low elevation chute closure would be utilized at the
bridge. A plan view and typical sections of this alternative are
enclosed. The total estimated cost would be $130,000. The total
estimated Federal cost would be $127,900 and the non-Federal cost
would be $2,100. The non-Federal costs are for lands, easements
and rights-of-way and would be the responsibility of Weld County.
The annual cost for operation and maintenance is estimated at
$2 ,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 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 1964 .
-2-
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 by express mail by 30 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.
If the project proceeds on schedule, we should be notified
of project approval in August 1984. If funds are available,
award of a construction contract is scheduled for November 1984
and the project should be completed by December 1984.
Sincerely,
-Arvid L. homsen
Enclosures
Planning Division
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6NT_Op
X4,4 !""� A DEPARTMENT OF THE ARMY
7 s" OMAHA DISTRICT CORPS OF ENGINEERS
,
c m 6014 U.S. POST OFFICE AND COURTHOUSE
OMAHA, NEBRASKA 68102
'miles REPLY TO
ATTENTION OF January 28, 1985
Real Estate Division
SUBJECT: Local Cooperation Agreement with Weld County, Colorado
on Cache LaPoudre River near Windsor, Colorado
Mr. Norman Carlson
Chairman, County Commissioners Fc3 1 1985 '�
Weld County
P.O. Box 758
Greeley, Colorado 80632-0758 GR""'' `
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,
Gary D. B air
Chief, Real Estate Division
Enclosures
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