HomeMy WebLinkAbout841212.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 NEAR KERSEY, COLORADO, AND AUTHO-
RIZE 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 near Kersey, Colorado, 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 near
Kersey, Colorado be , and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the appropriate
County officials be, and hereby are, authorized to sign the
necessary documents concerning said Agreement.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 17th day of
September, A.D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST.Yi t !nw WELD COUNTY, COLORADO
Weld County Clerk and Recorder > 0"-teas—
and Clerk to the Bo
Norman Carlson, Chairman
e uty County C erk ue ne Jo son, Pro-Tem
APPROVED AS TO FORM: ing grant
Gene R Brantner
EXCUSED
County Attorney Chuck Carlson
EXCUSED DATE OF SIGNING - AYE
LHR 551 John T. Martin
841212
AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
WELD COUNTY, COLORADO
FOR LOCAL COOPERATION
FOR EROSION PROTECTION
ON SOUTH PLATTE RIVER near KERSEY, COLORADO
THIS AGREEMENT ENTERED INTO THIS 17th day of September 19 84 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 1.5 miles north and 2.5 miles east of Kersey, 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
Kersey, 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 alteration 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
BI��/iG7/ By \
STEVEN G. WEST
Colonel, Corps of Engineers Chairman, Board of County Commissioners
District Engineer Title
Contracting Officer
. Date: September 17. 1984
FOR THE SECRETARY OF THE ARMY /� ��� �
ATTEST IAN.; iw� """'
DATE:
WELD COUNTP : E_TK /HD Pr(' R
AND CL: RK TO O THEE^/'`• D
=yam ) ..
Depu y County Clerk
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 South Platte River near Kersey,
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 17th day
of September , 19 84 •
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 erosion
protection project on on South Platte River near Kersey, Colorado, hereby
certify that I have reviewed the contract dated the 17th day of
September 1984 , 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
17th day of September , 19 84 •
Vii...
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 $ 2000.00 allocated to the fund for this fiscal year. As of this day,
there is a balance of $1,985. 148.98on hand in that fund.
Dated this 17th day of September, 1984.
BY:
D' tor of F n n n Administration
eld County, Colorado
Erosion Protection Project
South Platte River near Kersey, Colorado
ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE
UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND SUBSEQUENT ACTS
Weld County, Colorado (hereinafter called
"Applicant-Recipient")
HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964
(42 D.S.C. 2000d) 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 as amended) issued pursuant to that title,
the Age Discrimination Act of 1975 (42 D.S.C. 6102) ; and the Rehabilitation Act
of 1973, as amended (29 U.S.C. 794), to the ezl that, in accordance with Title
VI of that Act, the Directive, the Age Discrimination Act and the Rehabilitation
Act, no. person in the United States shall, on the ground 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 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
arrangement 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 enforce-
ment 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 September 17, 1984 Weld County, Colorado
(Applicant-Recipient)
BY• - .I�-_
(President, Chairman of Board, or
P.O. Box 758 comparable agthorized official)
Greeley. CO 80632 \yy� .�
(Applicant—Recipient's Mailing Address) ATTEST: , ;ehaftiAB;/
WELD COUNTY CLERK AND RECORDER
MRO FORM 1277 AND CLERK TO THE BOARD
1 March 1984
BY- dZJvYt cPi" a)
Deputy County C'^rk
ti
DATA REQUIRED BY THE PRIVACY ACT OF 1974
is c:s C 5$:.,
r�F l.f .IRM
.an?sC oain, DraEC7:vE
MR0 Fors 1277 - Assurance of Compliance ' KR 113O-2-314
I
SUTHO.0 Tr
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)
Mnr.CriWL PU•P }SE r51
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,
or. 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 program or activity_
3 w --'n uses
Information secured from completed MR0 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.
J rd ye Y1HIK.Oappears Wr Yeclop!mg
l Eremi magi js luTivemOibVIAW Dwnecessary
information, and it 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
authorized by law as determined by the responsible Department official. Such other
means may include, but are not limited to (1) • reference to the Department of Justice
with a recommendation that appropriate proceedings be brought to enforce any rights of
the United States or any assurance or other contractual undertaking, rind. (2) any
applicable orpree4inga under State or
MR0 FORM]7 fl Privacy Act Statamaat - 26 Sap 751 local law.
ENT-OF
4. sM*I°rn*/% F DEPARTMENT OF THE ARMY
OMAHA DISTRICT CORPS OF ENGINEERS
G M 6014 U.S. POST OFFICE AND COURTHOUSE
�� �" OMAHA, NEBRASKA 68102
4T REPLY TO
ATTENTION OF July 17, 1985
Real Estate Division
SUBJECT: Local Cooperation Agreement with Weld County, Colorado on South
Platte River near Kersey, Colorado
WELD CUII TY ent!,!cr
/}c,nr
Mr. Norman Carlson r�r I'r, t`l t e.�1 ', `
Chairman, County Commissioners
Weld County JUL 2 21985
P.O. Box 758
Greeley, Colorado 80632-0758 GREELEY. COLO.
Dear Mr. Carlson:
This is to advise you that Colonel Steven G. West, District Engineer,
Omaha District Corps of Engineers, has approved and accepted the subject
Local Cooperation Agreement between Weld County, Colorado, and the United
States of America on July 15, 1985.
We are enclosing signed, original copies of the following documents
relating to the subject project for your records:
a. Local Cooperation Agreement
b. Certificate of Authority
c. Certificate of Approval
d. Declaration of Financial Ability
e. 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,
`ZtroC4C4:f
Gary D. Blair
Chief, Real Estate Division
Enclosures
as6N1-op
4„oel°'•% te,,, DEPARTMENT OF THE ARMY
m _
<t,\ OMAHA DISTRICT CORPS OF ENGINEERS i �V
)
❑ 41N'
6014 U S POST OFFICE AND COURTHOUSE
OMAHA. NEBRASKA 68102 i
I REPLY TO SL.t'
ATTENTION OF August 29 , 1981!
Planning Division
Engineering Lcprr,n:ant
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
a county road located approximately 1 .5 miles northeast of
Kersey, Colorado. 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 would consist of continuous stone-fill
revetment placed immediately riverward and parallel to the
eroding bankline. The stone would be placed at a material
application rate of 4.1 tons per linear foot of bankline. The
total length of the revetment structure would be 1 ,100 linear
feet. A windrow refusal would be necessary at the upstream end
of the revetment to prevent continued upstream erosion from
flanking the revetment. A plan view and typical sections of the
alternative are enclosed. The total cost of the alternative
would be $247,000.
Alternative 2, the selected plan, would consist of two
segments of stone-fill revetment and four hardpoints. The
typical section for the stone-fill revetment would be identical
to the description for alternative 1 . The four hardpoints
included with this alternative are designed to deflect the higher
velocity flows away from the eroding bank. Each hardpoint
consists of both a stone and a stone spur. The stone root
extends landward to preclude upstream erosion from flanking the
structure, and the stone spur is placed riverward to redirect
flows. A plan view and typical sections of the alternative are
enclosed. The total estimated Federal cost of this alternative
would be $186,000. The estimated non-Federal costs for lands,
easement and rights-of-way would be $2,000. The annual cost of
operation and maintenance is estimated at $2,000 and would be the
responsibility of Weld County.
-2-
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.
The Weld County Board 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 and subsequent
acts, 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 via express mail by
September 11 , 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 Engineers' 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
report 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 October 1984. If the project is approved,
award of a construction contract is scheduled for March 1985.
The project is scheduled for completion in April 1985.
S' ro erely ,
vid L. Thomsen
Chief, Planning Division
Enclosures
o G•,enn
------ ...i-- —.. ftL4h.- - N
Ft.Cellle. tacit
o
ae.L.rKersey
• 11"
•FORT MORGAN
FORT LUPTON I
°plenlen
lD[MY[II CO1.Mt.\DO r..
r.5
id LOCATION MAP
C � 9- - . lflit
.•. Lo•.. I• 11\''ti �.r.'
eJi.; ;;Ong
G.�Y 51.\ I,II�
\\ ;A . .q �•• 4.1.„...,
-ate; \
Gz�lr, .-----
\.
r • 5 b\ 1' 11;) \I \\ •\ lr�I:F ..i iIierseY »rx " � �.
«-I: ii 1 i \ _us�_22 ,
eS: r- ..a. � •-x•21+- 3ptn,nh-,; u'""°'r �--_ �. •� 231:,
_
4 rte '
K___, ] ,
n 1 l i- ;26 I l -. 7 1 26
VICINITY . MAP
,
• LOCATION AND VICINITY MAP
SOUTH PLATTE, RIVER NEAR KERSEY, COLORADO
SECTION 14
INITIAL APPRAISAL REPORT
OMAHA DISTRICT - JULY 1981
C
0
U n
ao
�w: 0.
•
Z "
a Iia ..
.. q p i.c
-
qLLU F- 0
a
i
/rf errefreri:
o/1/4: (if re 7/
61
DC k
t
4
mi
I
) . \
> Ct
A
) tn
J w
Jj If
•.~ C _-i O
Q C k 3 ro
/ II
L �' U7 3 PO. F II
i ce
2 I •i. W1
0U)
CL,• >-
z .. g
ww: � � °dG
r4 11
erpw `"
F 2,5 }
occrree iez
O/
O
M
o,
4-
o
)C) N O
@l co
O
M
4
0
in
L
/31 i . r0
CG ..-) ..0i pO., t, a
w it X
E C t�y o a a 2
i
p N '� S W F c4 u
( Li ,
P,W c u
E elf/j .W.7 � D O �] to
•
•
.� -t
H CO
o CC 0)
�a � r
LO
4,-0p—ea" O — ti H
1.0
E. UV)
a F- S
I
Q I
1 v
Z
Dth
I H
- I W
I H
wI I H
I , �
1 �
n 1
w I AI
I
� 1�1
Mr-I
K w t
N H G 4! to
ctI
V H G W I
_ O O O p O N I
N wzrrl N .>-I r>-1 H In
O I
N t
cC CJ A W 4, C7 Y H "� $
PI ATI:: 4
V
5
C
—......mt
C
er
C C E-.
N
K
zMi
0 to j 2 wagb
w WI Ear
H
Et G
. II] +
H
E of
re
•
O I
r4 e'l m el
I � to
., at
F. m I x x �
H 0. 0
WWF 0
J C1
•�
to I
E I 0 ! I
a)
0
co
4.4
h d to Sr
r-
0
el
o o, u7
u7 u7 Mi M
.4- V .•'k H N
N N N
0)) a k k k
1-4 1-4
0 0 0
N > > N - N N - >
Nel
6S C.) CI 14 W 0 % ►. -a
Z—.....m..c • r - ar
o •
pi �
o
cp IV
ri a He
02 E " 6
ct
I a
I
a
A U P.
I E a)
ri
I • I co
w co
I (• H "' ZO
I 0) 0
CO
a
m GIrl 0
CD CO
•0
0
+, O
m
al b
0
►e 0
Wa
x •
•
0 0
in en .r ,
a m o q
DI A I ,. a
z..........MIIIIIIML
V O F oo
v C a
r. C v pOZ r 4 C
7 u V)
rn 0 nt O ' F
C) U S It
[H• n. i 'i
O CJp,
u A /. 4: 1 F-'
3 c e v) v)
co z° �
E ' • F., .E V i--
4. O
(,[ HC
z b
o _
O
r 0
►s ,
>
I •
I
I
I . o I
14 R c.11
6 I H III co
In
to o
I 0. 82 I �� 2, 9z
I I
m a
I
I I
ICO
fto
Is ad
IOf H
I) u
CI T
-i - .5 m
@1
u O
Y ! R u
C `\ >
A R O
n tJ k CJ
I
r k v,
— u
•+ C
4. C!
I E
CI u
C
O >> e
u N
VJ C
O
O
¢{ M In N N
< CC V O Cv
PLATE 7
Hello