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Home My WebLink About911478.tiff RESOLUTION RE: APPROVE LOCAL COOPERATION AGREEMENT WITH DEPARTMENT OF ARMY, SECTION 14 EMERGENCY STREAMBANK PROTECTION PROJECT FOR BRIDGES 28/23A, 61/548, AND 87/42.5, AND AUTHORIZE CHAIRMAN TO SIGN NECESSARY DOCUMENTS 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 Local Cooperation Agreement between the Department of the Army and Weld County, Colorado, for Section 14 Single Purpose Emergency Streambank or Shoreline Protection Works, through the United States Army Corps of Engineers Continuing Authorities Program, and WHEREAS, a copy of said agreement is attached hereto and incorporated herein by reference, and WHEREAS, the Weld County Board of Commissioners is the local sponsor of a Corps of Engineers project authorized under the authority of Section 14 of the Flood Control Act of 1946, as amended, said project being located along the South Platte River in Weld County, Colorado, being more particularly described as follows: First project is located along the left bank of the South Platte River, immediately upstream from Bridge 1128/23A, approximately 1 mile south of Platteville, Colorado, in Section 36, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado; Second project is located along the right bank of the left chute of the South Platte River immediately upstream from Bridge #61/54B, approximately 3.5 miles east of Kersey, Colorado, in Section 9, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado; Third project is located along the right bank of the South Platte River immediately upstream from Bridge 1187/42.5, approximately 15 miles southeast of Greeley, Colorado, in Section 19, Township 4 North, Range 61 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Weld County Board of Commissioners, as the local sponsor for the project, is willing and able to provide the required local cooperation, and WHEREAS, the Board deems it advisable to approve said agreement and authorize the appropriate official, Gordon E. Lacy, Chairman, to sign the following required documents: Local Cooperation Agreement, Right of Entry Form, Certificate Regarding Lobbying, and an Assurance of Compliance with the Department of Defense Under Title VI of the Civil Rights Act of 1964. 911478 P(1,nnon oe Ltc ' tG Page 2 RE: DEPT ARMY STREAMBANK PROJECT NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned project and the Local Cooperation Agreement between the Department of the Army and Weld County, Colorado, for Section 14 Single Purpose Emergency Streambank or Shoreline Protection Works, through the United States Army Corps of Engineers Continuing Authorities Program, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign the abovementioned documents on behalf of the Weld County Board of Commissioners. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: !!'/�/�� -'_" ' WELD CO TY, COLORADO Weld County Clerk to the Board Go cy airman By: '/`/ /Jt� acilat - Deputy erk the Board Geo� Pro-Tem APPROVED AS ORM: ( Iili51`T�XIf� � �,�4G Constance L. Harbert ;�,Q Zejli ta County Attorney C. W. Kir y kW aLi.Afkt, W. H. Webster 911478 , y tiNT y. ,may W�'s•^urrq„ `i. C��T17,, Z N4�, DEPARTMENT OF THE ARMY iti/dr A�\ S CORPS OF ENGINEERS. OMAHA DISTRICT 1 -I ` f1 � 215 NORTH 17TH STREET \, PN OMAHA. NEBRASKA 88102-4978 -_ % (.4\4131h g v.nr is � V REPLY TO November 27, 1991 ATTENTION OF Planning Division Mr. Gene Brantner, Chairman Board of Weld County Commissioners P.O. Box 758 Greeley, Colorado 80632-0758 Dear Mr. Brantner: This is in regard to the Section 14 Emergency Streambank Protection project along the South Platte River in Weld County, Colorado, where streambank erosion is threatening county bridges No's. 28/23A, 61/54B, and 87/42. 5. The project has been approved for construction under Section 14 of the Flood Control Act of 1946, as amended. The project consists of the placement of a 255-foot stonefill revetment and a 30-foot windrow refusal along the left banks of the South Platte River, immediately upstream from Weld County bridge No. 28/23A; an 85-foot stonefill revetment and a 100-foot windrow refusal along the right bank of the left chute of the South Platte River, immediately upstream from Weld County bridge No. 61/54B; and a 130-foot stonefill revetment and a 50-foot windrow refusal along the right bank of the South Platte River, immediately upstream from Weld County bridge No. 87/42 . 5. Please execute and return to us the following enclosed items: a. Three signed copies of the Local Cooperation Agreement (LCA) , including the certificate of authority (page 19 of the LCA) of Weld County to execute the LCA; b. The resolution; c. The civil rights form; d. The declaration of financial ability; and e. The certificate regarding lobbying. Also, please provide evidence of the statutory authority of Weld County to execute the LCA. These items must be returned by December 23, 1991. F i ;9'19 ("1/iti7C -2- To facilitate the construction of this project as early as possible, we have enclosed a rights-of-way (ROW) map so that you may proceed with the acquisition of the necessary real estate at your own discretion and risk. In other words, Weld County may decide to incur acquisition expenses and actually acquire at this time any of the real estate interests that would be needed to construct the approved project. We wish to make it clear that this letter is neither intended to be, nor should be taken as, a request or demand by the Federal Government to acquire such real estate interests. Weld County is presently under no obligation to do so until the LCA is completely executed with the signature of the Omaha District Engineer. You will be notified as soon as the LCA is executed. Please note that if the LCA is not executed, the project will not be constructed using Federal funds, and the United States would disclaim any liability to Weld County for any expenses incurred in anticipation of such execution. As stated in the LCA, Weld County would be responsible for the acquisition of all lands, easements, and ROW necessary for the construction, operation, and maintenance of the erosion protection structure. These items must be secured before we award the construction contract. Please note that the ROW map is approximate. Temporary easements will be required during construction, while permanent ingress/egress easements will be needed during the 20-year life of the project. The limits of the construction easements which you obtain need not be identical to those shown on the ROW map, but the easements must include all of the ROW shown. You will need to furnish this office a copy of each recorded easement acquired. These easements must be accompanied by a title insurance policy or certificate of title for each ownership involved which discloses the name of the record owner and encumbrances of the title. In lieu of title evidence, title opinions from the attorney for Weld County on the validity of each grantor' s ownership and an identification of encumbrances thereon are acceptable. In addition to the above requirements, you should furnish us a signed certificate stating that Weld County's attorney has examined the title evidence, which consists of title insurance policies, certificates of title, or abstracts of title, and has compared the legal description in the land acquisition documents with the ROW drawing furnished by us. Based on the examination of those documents, the attorney must then certify that Weld County has acquired the necessary lands and ROW required for the 4 't sp s -3- construction of the project. Enclosed is a sample certificate that would be acceptable to us. You can provide authorization allowing the Corps of Engineers to enter the project area by completing the enclosed right-of-entry form and returning it along with the other ROW items. These ROW items are needed within 1 month after you have been notified that the LCA has been executed. If this is impractical, please notify this office. We also ask that you provide a list of local contractors who might be interested in receiving bid information on the project. The costs incurred by Weld County in acquiring ROW and easements for the project will be included in its 25-percent share. Allowable costs are outlined in Article IV of the LCA. Please keep a record of these costs and submit a written summary of them after completion of the project. If you have any questions or cannot meet the requested deadline for return of the signed LCA, please contact my project manager, Mr. Scott Loos, at (402) 221-3170. Sincerely, Richard L. Buse Chief, Project Development Branch Planning Division Enclosures O1 RESOLUTION The. following Resolution was introduced by who moved its adoption at the meeting on WHEREAS , The is the local sponsor of a Corps of Engineers project authorized under the authority of Section 14 of the Flood Control Act of 1946 , as amended , said project being located along in Section (s) Township Range approximately miles of and WHEREAS , The as the local sponsor for the project is willing and able to provide the required local cooperation and WHEREAS , The authorizes the appropriate official , (_t,itle ) to sign the following required documents , Local Cooperation Agreement , Right of Entry Form , Certificate Regarding Lobbying , and an Assurance of Compliance with the Department of Defense Under Title VI of the Civil Rights Act of 1964. NOW THEREFORE BE IT RESOLVED, does approve the project along with the documents and authorize the appropriate official to sign the documents on behalf of BOARD OF BY BY Title : Title Date : Date : By BY Title : Title Date: Date : 91147a • ODPD-91-A-14-005 Sec 14 For-: LCA 21 May SO UNITED STATES ARMY CORPS OF ENGINEERS CONTINUING AUTHORITIES PROGRAM SECTION 14 SINGLE PURPOSE • EMERGENCY STREAMBANE OR SHORELINE PROTECTION WORKS x********************************************x****4*****444***** LOCAL COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND WELD COUNTY. COt.0J Ann — [FULL NAME OF LOCAL SPONSOR] FOR CONSTRUCTION OF THE EMPRGENCY STRFAMRANK PROTFCTTON_ SMITH PIATTF RTVFR TN w7rn rnflmty rntno\nn, WELD COUNTY BRIDGES #78/231. #61/54B. and #$7/42 .5 [FULL NAME OF PROJECT] THIS AGREEMENT, entered into this day of by and between the DEPARTMENT OF THE ARMY (hereinafter referred to as the "Governbent") , acting by and through the Omaha District - Engineer, L'.S . ._rmv [LOCATION OF DISTRICT] [DISTRICT/DIVISION] i Sec 14 For-.,t LCA 21 May 90 Corps of Engineers , and Weld County, Colorado [LOCAL SPONSOR] (hereinafter referred to as the "Local Sponsor") , acting by and through the Chairman, Board of Weld County Corinissionerc [TITLE OF PERSON SIGNING THIS AGREEMENT] WITNESSETH, TF__AT: WHEREAS , the authority for the construction of the Pmeroancy Streambank Protection, South Platte River in Weld County, Colorado, County Rridoes #78/23A, #61/54B, and #87/42.5 [NAME OF PROJECT] aCt Fjrst project is located along the left bank of the 'South Platte River, immediately upstream from Bridge #28/23A, approximately 1 mile south of Platteville, Colorado, in Section 36 T3N, R6711 19 Weld County, Second project is located alone the right bank of the left chute of the South Platte River immediat[eaFECIFIC LOCATION OF PROJECT] upstream from Bridge #61/54B approximately 3.5 miles east of Kersey, Colorado, in Section 9, TSN, R64W in Weld Countv. Thir s a.t alono the ri t bankC o the uth Plat e qv r uunediately upatr am from project (�`.e�gcin�:ter t'ererre°t� to as (the '�o0ect, � as �e�lnec In Ar�lc�e n c I . e . of this Agreement) 1s contained in Section 14 Ci the flood o a Control Act of 1946 , as amended, 33 L'.S . C. 701r; and 0 r. c o WHEREAS , Section 14 of the Flood Control Act of 1946 , as — • J amended, limits the amount the Federal Government may expend on a 7 single project tc $500 , 000 ; and o • o n TTC EREAS , construction of the Project is described in i retorters r ` entitled 1. Emergency Streambank Protection, South Platte River in Weld County,o Colorado, County Bridge #28/23A; 2. South Platte River in Weld County, Colorado, = a o County Bridge #61/548; and 3 . South Platte River in Weld County, Colorado, County v y Bridge #87/42.5. W a & zo dated September 1990 and =• ‘` a preored by Omaha District 0, a approved by Missouri River Division on Januaty 14. 1991 [DATE] a H. r r and, m WHEREAS , Section 103 of the Water Resources Development Act oen � 1986 , Public Law 99-662 , specifies the cost-sharing requirements ;12 applicable to the Project; and n 0- o 0 c w 2 • o M G1 cp H 0 0 i 1 AP,a r Sec 14 Form LCA 21 May 90 WHEREAS , Section 221 of the Flood Control Act of 1970 , Public Law 91-611, as amended, provides that the construction of any water resources project by the Secretary of the Army shall not be commenced until each non-Federal interest has entered into a written agreement to furnish its required cooperation for the project; and, [ONLY ONE OF THE TWO FOLLOWING "WHEREAS" CLAUSES WILL APPLY; STRIKE THROUGH THE CLAUSE WHICH DOES NOT APPLY ] EgigglaK xxxxxmoo ari`daneeguivio � xxxx&ixxxit cxtxx`�X attmectin-ifsxtrautaxLC4'xtitXX heKtomaxecnnxelx±tat x tnx3woot ai xtu hxwita xixxxxxxxx IVreitxn azDxuegxrdax x tx a txteffex nott btxxaEoecxxxxxx ixxxXaxixxXi*:exanxT biAx i x9X 'Xkd[XSfXxxaxlmaxX5 )Umixmilma"axixxxxlxx'Xxmxxx )alexittenixIMadtWamtannaxxMlstxxiantripReciairmaxttcanlarx=aXxxxxxxxx ItaXitzmaxmaayxRaoxxinintaxxmmIxflalatigt=adxlmeirimxxxlaaxixmlarmaxxxxx xtsX xtx: xitta xtx3xalcxktilaixAllonix VataRa'p itxxiaxXXXXXxXXXXXXXX .bxxdi₹1l Xdao i4t aRx isxxlarXrxr XItXx£xtaMaitxXXXXXXmllX.'CYXicxXlW Ja XaCm txxXXXXX ti bl(t iXXa1tuatexxxxxItxxx'S:eauaztXxxXixk.lniXr'tX5YXplmVxxdoaxXMvixEed itNa`CXXXx EXairX<x,aftrX1oYX XixxxxiAxAxixtlicax itadxXxx==XAx:C x0txxxaxxiXxxxrpYXXXxXx (dg.Y.t' .'aa stel [OPTION 2 : ] WHEREAS , the Project does not qualify for a reduction of the maximum non-Federal cost share pursuant to . cutdelines which inclement ^ 103 (m) of the Water Resources Development Act of 1 e.. Section 1986 , Public Law 99-662 , published in 33 C. F.R. sections 241. 1 - 241 . 6 , entitled "Flood Control Cost-Sharing Requirements Under the Ability To Pay Provision" ; and WHEREAS , the Local Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in cost-sharing and. financing in accordance with the terms of this Agreement; NOW, THEREFORE, the parties agree as follows: 3 • O1 1 na Sec 14 Form LCA 21 May 90 ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS • For purposes of this Agreement: a. The term "Project" shall mean the placemgnt of a 255-foot stone-fill revetment and 30-foot windrow refusal along the left bank of the South Platte River immediately upstream from Weld County Bridge n"78/23A: an 85-foot stone-fill revetment and a 100-foot windrow refusal along the right bank of the left chute of the South Platte River. immediately upstream from Weld County Bridge k61/54B; and a 130-foot stone-fill revetment and a 50-foot windrow refusal along the right bank of the South Platte River, immediately upstream from Weld County Bridge #87/42.5. [DESCRIBE THE WORK TO BE UNDERTAKEN PURSUANT TO THIS AGREEMENT IN SUFFICIENT DETAIL AS IS NECESSARY TO AVOID ANY CONFUSION OVER WHAT WORT; IS , OR IS NOT INCLUDED; REFERENCE THE. PROJECT REPORT, I. APPROPRIATE ; IF MORE SPACE IS NEEDED, REFERENCE AND SECURELY ATTACH A SEPARATE SHEET AND HAVE ALL SIGNATURIES INITIAL IT WHEN THEY SIGN. ] b . The term "total project costs" shall mean all costs incurred by the Local Sponsor and the Government directly related to construction of the Project. Such costs shall include, but not necessarily be limited to, costs of applicable engineering and design, costs of preparation of contract plans and specification=_ , actual construction costs, costs of alterations or relocations of railroad bridges and approaches thereto, supervision and administration costs , costs of construction contract dispute settlements or awards , and the value of lands, easements and rights-of-way (to the extent that the lands , easements and rights-of-way are not already owned as part of the facility being protected) , relocations, and suitable borrow and dredged material disposal areas provided for the Project by the Local Sponsor, but shall not include any costs for betterments , operation, repair, maintenance, replacement nor rehabilitation, nor Government costs for planning studies. c. The terra "period of construction" shall mean the time from the advertisement of the first construction contract to the time of acceptance of the Project by the Contracting Officer. 4 • "1. /7r:ci Sec 1.1 Form LCA 21 May 90 d. The term "Contracting Officer" shall mean the U. S . Army Engineer for the nth n, stri rt or. [LOCATION] [DISTRICT/DIVISION] his or her designee. e. The term "highway" shall mean any highway , thcrouchfare , roadway, street, or other public road or way. f. The term "fiscal year" shall mean one fiscal ,year cf the United States Government, unless otherwise specifically indicated. The Government fiscal year begins on October 1 and ends on September 30 . g. The term "functional portion of the Project" shall mean a completed portion of the Project determined by the Contracting Officer to be suitable for tender to the Local Sponsor to operate and maintain in advance of completion of construction of the entire Project. • h. The term "relocations" shall mean alterations , modifications , lowering or raising in place, and/or new construction related to, but not limited to, existing - r� 41 -oaos , highways , bridges, railroad bridges and approaches thereto , buildings , pipelines , public ,utilities (such as municipal water and sanitary sewer lines, telephone lines , and storm drains) , aerial utilities , cemeteries , and other facilities , structures , and imorovements determined by the Government to be necessary for the construction, operation and maintenance of the Project. The term "involuntary acquisition" shall mean the acquisition of lands, easements, and rights-of-way by eminent domain. j . Words which appear between brackets, whether they appear between or within lines of text, do not constitute a part of this Agreement. They are intended only "as instructions regarding the proper completion of this Agreement. 5 GA1s ,e 'a Sec 14 Form LC?. 21 May 90 ARTICLE II - OBLIGATIONS OF THE PARTIES a. The. Gevernment, subject to and using funds or_vided by the Local Sponsor and appropriated by the Congress c= the United States , shall expeditiously construct the Project ( including alterations or relocations of railroad bridges and approaches thereto) , applying those procedures usually followed or applied in Federal projects , pursuant to Federal laws , regulations , and policies. To the extent possible, the Local Sponsor shall be afforded the opportunity to review and comment on all contracts , including relevant plans and specifications , prior to the issuance of invitations for bids . To the extent possible , the Local Sponsor also shall be afforded the opportunity to review and comment on all modifications and change orders prior to the issuance to the contractor of a Notice to Proceed . to Government will consider the comments of the Local Sponsor, but contract awards , modifications , or change orders , and performance cf all work on the Project (whether the work is performed under contract or by Government personnel) shall be exclusively within the control of the Government. b. When the Government determines that the Project, or a functional portion of the Project, is complete , the Government shall turn the completed Project cr functional portion over to the Local Sponsor, which shall accept the Project or functional portion and be solely responsible for operating, r=pa:r:ng, maintaining, replacing, and rehabilitating the Project or functional portion in accordance with Article VI__ hereof . c. As further specified in Article VI hereof , the Local Sponsor shall provide, during the period of construction, a cash contribution of 5 percent of total project costs . d. As further specified in Article III hereof , the Local Sponsor shall provide all lands, -easements , rights-ef-way, including suitable borrow and dredged material disocsal areas , and perform all relocations (excluding railroad bridges and approaches thereto) determined by the Government to be necessary for construction of the Project. To the extent that any of the lands , easements, or rights-of-way provided under this paragraph are already owned as part of the facility or structure being protected, the value of such interests shall not be included in total project costs nor credited towards the Local Sponsor' s contribution required under this Article. At its sole discretion, the Government may perform relocations in cases where it appears 6 • Sec 14 F= L.C.A 21. May SG that the Local Sponsor's contributions will exceed the maximum non-Federal cost share set out in Article_ VI . f . , subject to the Federal limitation set out in Article II . f . e. If the value of the allowable contributions provided under paragraphs c. and d. of this Article represents less than 25 percent of total project costs, the Local Sponsor shall_ provide during the period of construction an additional cash contribution in the amount necessary to make its total contribution ecruai to 25 percent of total project costs . [ONLY ONE OF THE TWO FOLLOWING SUBPARAGRAPHS WILL APPLY ; STRIKE THROUGH THE ONE WHICH DOES NOT APPLY] pEcc mxxxxg xxXxxtxxxxxThXx%syttitato h"mxxitca tail tx.1Xxxxinxth.\a:tk;d±'t.attydeca 'itygxx astxtriazni rucscanxx,`ca Nx=xmcomacaxsnKtatetwxThxiflrxmxxxxxxxxxxxxx a$XX3Cxis XX.xXXzdxaXZX ra$Xad wectXr&taYamtwatt�` Y x tx)taix.teatatXXmX e<x cxX!rclXS55acC maocXxIontat. nn 'wcitcatx,tCYdX`P.ttc atc-s tuaiieLXam fX cX 'ur axxXXRXt.tYtXalffiX ;c dk axmenx==tx:1X'dd tioctXmXXXXXXXXx AtiSr.nnovax$ aaxnarsx [OPTION 2 : ] f. The Government' s participation in the Project , including all planning studies costs , has a statutory _imitation of $500 , 000 . The Local Sponsor shall be responsible for all costs in excess of $500 , 000 . g. The Local Sponsor shall comply with all items of local cooperation set out in the aforementioned r=_port. er.- "led 1 . Emergency Streambank Protection, South Platte River in Weld County, Colorado, County Bridge #28/23A; 2. South Platte River in Weld County, Colorado, County Bridge =61/548; and 3. South Platte River in Weld County, Colorado, County Bridge =8;/42 .5 prepared by Omaha District dated September 1990 and approved by Missouri River DiVi5iOTLn January 14, 1991 . [DATE] h. No Federal funds may be used to meet the Lccal Sponsor' s share of project costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified in writing by the granting agency. el 6 rl,�'f;S Sec 14 Form LCA 21 May 90 ARTICLE III - LANDS , FACILITIES , AND PUELIC LAW 91-646 RELOCATION ASSISTANCE a. The Local Sponsor shall furnish to the Government all lands, easements, and rights-ef-way, including suitable borrow and dredged material disposal areas , as may be determined by the Government to be necessary for construction, operation., and maintenance of the Project, and shall furnish to the Government evidence supporting the Local Sponsor' s legal authority to grant rights-of-entry to such lands . The necessary lands , easements , _ and rights-of-way shall be provided prior to the advertisement of any construction contract. b . The Local Sponsor shall provide or pay to the Government the full cost of providing all retaining dikes , wast=_weirs , bulkheads , and embankments , including all monitoring features and stilling basins , that may be recuired at any dredged material for construction cf e Protect. disposal areas necessary c. Upon notification from the Government, the Local Sponsor shall accomplish, or arrange for accomblishm.ent at no cost to the Government, all relocations (excluding railroad bridges and approaches thereto) determined by the Government to be necessary for construction of the Project. d. The Local Sponsor shall comply with the applicable_ provisions of the Uniform Relocation Ass'-stance and Real Property Aceuisition Policies Act of 1970 , Public Law 91-646 , as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17 ) , and the Uniform Regulations contained in 49 CFR Fart 24 , in acquiring lands, easements , and rights-of-way for construction and subsecuent affected operation and maintenance of the Project, and inform all affected persons of applicable benefits, policies , and procedures in connection with said Act. The Local Sponsor shall provide such documentation as the Contracting Officer =r" ' res to demonstrate compliance. ARTICLE IV - VALUE OF LANDS AND FACILITIES • a. The value of the lands, easements , and rights-of-way to be included in total project costs and credited towards the Local Sponsor's share of total project costs will be determined in accordance with the following procedures : 8 014 +1 y Sec 14 Form LC?. 21 May 90 1. If the lands , easements, or rights-of-way are owned by the Local Sponsor as of the date the first construction contract for the Project is awarded, the credit shall be the fair market value of the interest at the time of such award. The fair market value shall be determined by an appraisal , to be obtained by the Local Sponsor, which has been prepared by a qualified appraiser who is acceptable to both the Local Sponsor and the Government. The appraisal shall be reviewed and approved by the Government. 2 . If the lands , easements , or rights-of-way are acquired by the Local Sponsor after the date of award of the first construction contract for the Project, the credit shall be the fair market value of the interest at the time such interest is acquired. The fair market value shall be determined as specified in Article IV. a . I . of this Agreement. If the Local Sponsor pays an amount in excess of the appraised fair market value , it may be entitled to a credit for the purchase price paid, if the Local Sponsor has secured prior written approval from the Government of the purchase price. 3 . If the Local Sponsor accuires more lands , easements , or rights-of-way than are necessary for project purposes , as determined by the Government , then only the value of such portions of those acquisitions as are necessary for project purposes shall be included in total project costs and credited towards the Local Sponsor's snare. 4 . Credit for lands , easements , and rights-of-way in the case of involuntary acquisitions which occur within a one-year period preceding the date this Agreement is signed cr which occur after the date this Agreement is signed will be based on court awards, or on stipulated settlements that have received prior written Government approval. 5 . For lands , easements , or rights-of-way acquired by the Local Sponsor within a five-year period preceding the date this Agreement is signed, or any time after this Agreement is signed, credits provided under this paragraph will also include the actual incidental costs of acquiring the interest, e.g. , closing and title costs, appraisal costs , survey costs, attorney's fees, plat maps, and mapping costs, as well as the actual amounts expended for payment of any Public Law 91-646 relocation assistance benefits provided in accordance with the obligations under this Agreement. 9 elf Sec 14 Form LCA 21 May 90 b. The costs of relocations which will be included in total project costs and credited towards the Local Sponsor' s share of total project costs shall be that portion of the actual costs as set forth below and approved by the Government: 1 . Highways and Highway Bridges : Only that portion of the cost as would be necessary to construct substitute bridges and highways to the design standard that the State of Cn1nrunder sdo imilar would use in constructing a new bridge or highway conditions of geography and traffic loads . 2 . Utilities and Facilities ( including Railroads) : Actual relocation costs less depreciation , less salvage value, plus the cost of removal , less the cost of betterments . With respect to betterments , new materials shall not be used in any relocation or alteration if materials of value ,and usability equal to those in the existing facility are available or can be obtained as salvage from the existing facility or otherwise , unless the provision of new material is more economical . If , despite the availability of used material , new material is used, where the use of such new material represents an additional cost, such cost will not be included in total project costs , nor credited towards the Local Sponsor' s share. ARTICLE v - CONSTRUCTION PHASING AND MANAGEMENT a. TO provide for consistent and orr=r'`ive co-m,unication between the Local Sponsor and the Government during the period of construction, the Local Sponsor and the Government shall appoint representatives to coordinate on scheduling, plans , specifications , modifications , contract costs , and other matters relating to construction of the Project. The Local Sponsor will be informed of any changes in cost estimates . b. The representatives appointed above shall meet as necessary during the period of construction and shall make such recommendations as they deem warranted to the Contracting Officer. c. The Contracting Officer shall consider the recommendations of the representatives in all matters relating to the Project, but the Contracting Officer, having ultimate responsibility for construction of the Project, has complete discretion to accept, reject, or modify the recommendations. 10 Sec 14 Form LCA 21 May 90 ARTICLE VI - METHOD OF PAYMENT a. + The Local Sponsor shall provide, during the period of amountsrequired under Articles aconstruction,dI . f. the Agreer_aui and II . f- of this Agreement. Total project costs are presently In order to meet its share , the estimated to be s „ 1 presently estimated Local Sponsor must provide a cash contribution p to be $ ° nn — • b . The required cash contribution shall brovided aaward of the AT LEAST 30] ;n calendar day prior of the first constructioncontract, Government timated share ootiiy the Local Sponsor of e Local Sponsor's es project tests , including its share of costs attributable to the Project incurred prior to the initiation of construction. Within [HALF THE ABOVE NUMBER] _,EEL calendar days thereafter, the ocal Sponsor shall provide the Government the full, aebin tof"FAO, required contribution by delivering a check pay the to the Contracting Cfficer representing GoverSaha_____—_" t that total project costs are expected to ate-.., evens the exceed In the - construction, o,�c�o3 the estimate given at the outset c: Government shall immediately notify the Local Sponsor of the additional contribution Qthev Local liSed eSponsor will l'beirequ re MORE make to -feet its share of the THAN 45] 45 calendar days thereafter, the Local Sponso shallred provide the Government the full amount of the additional contribution . c. The Government will draw on the funds provided by the Local Sponsor such sums ga it tionseems attributable too theyer Project astlal and in-house fiscal s well they are incurred, as well as costs incurred by the Government prior to the initiation of construction. d. Upon completion of the Project and final determination of the costs associated with all relevant ontract claims and court project including appende__s , the project costs and tender to the Local Spenect costs . In the event ing of the Local Sponsor's share of total project the total contribution by the Local Sponsor is less than its minimum required share of total project costs, the Local Sponsor ter shall , no later than 0 etoatheaGovernmenteoflwhatever written is notice, cake a cash payment share of total project required to meet its minimum required costs . 11 Cti l ry Sec 14 Form LCA 21 May 90 e. In the event the Local Sponsor has made cash costs which contributions in excess of 5 percent of total project result in the Local Sponsor having provided more than its required share of total project costs , the Government shall , no later than 90 calendar days after the final accounting is complete,mplasubjec` to the availability of appropriations for that purpose , nd the Local II. f . ,t to returnesaid0e0xOcessOtoetheaLocal1tation Sponsor; however,t out in Article II . f . , refund of the 5 percent cash Sponsor shall not be entitled to any - t ;hi reement. contribution required pursuant to Article IT_ • c • c s Ag f. If the Local Sponsor's total contribution derhis Agreement ( including allowable credits for lands, easements, rights-of-way, relocations , and suitable borrow and dredged materialmaterial disposal areas provided for the Project by Sponsor) exceeds [EITHER 50 , IF NO QUALIFICATION UNDER ABILITY TO oa'_ TEST, L" APPROPRIATE ABILITY TO PAY PERCENTAGE , IF THE; OR THE o total project costs , the Governor QUALIFIES ] SO percent of sub ect to the availability o£ appropriations Government shall , 7 the $500 , 000 . 00 Federal for that purpose, and subject to to limitation set out in Article II . f . , refund the Qxc=�o finale Local Sponsor no later than 90 calendar days aft__ accounting is complete. ARTICLE VII - DISPUTES in any court Before any party to this Agreement may bring suit art' must concerning an issue relating to this Agreement, such p y first seek in good faith to resolve the issue through negotiation or other forms of nonbinding alternative dispute resolution mutually acceptable to the parties . ARTICLE VIII - OPERATION, MAINTENANCE , REPLACEMENT, AND REHABILITATION a. After the Government has turned the completed Project, or functional portion of the Project, over to the Local Sponsor, the Local Sponsor shall operate, repair, maintain, replace, and rehabilitate the completed Project, or functional portion of the Project, in accordance with regulations or directions prescribed by the Government. right to b. The Local Sponsor hereby gives the Government a rig enter, at reasonable times and in a reasonable manner, upon land which it owns or controls for access to the Project for the if necessary, for the purpose of purpose of inspec+..ion, and, 12 • Sec 14 Form LCA 21 May 90 completing , operating, repairing, maintaining, replacing, or rehabilitating the Project. If an inspection shows that the Local Sponsor for any reason is failing to fulfil�e-its obligations proval from under - the this Agreement without receiving prior o Government, the Government will sendpersists ittenin notice to failure he3Local Sponsor. If the Local Sponsor calendar days after receipt of the notice, then the Government shall have a right to enter, at reasonable times and in a reasonable manner, upon lands the Local Sponsor owns or controls for access to the Project for the purpose of completing, operating, repairing, maintaining, replacing, or rehabilitating the Pro ject. No completion, operation, repair, maintenance , repl acement,ment, or rehabilitation by the Government shall operate to relieve the Local Sponsor of responsili or to preclude the to meet its obligations as set forth in this Agreement, Government from pursuing any other remedy at law Qooreequity to assure faithful performance pursuant to - is Agreement. IX - RELEASE OF CLAIMS The Local Sponsor shall hold and save the Government free from the construction, operation, and damages o,;, to the fault or all maintenance of the £r except for damages due maintenance of the Project, g, ; of the Government or its contractors . negligence ARTICLE X - MAINTENANCE OF RECORDS A books, shll keep to costs and The Government and the Local Sponsor shall records , documents , and other evident_ pertaining expenses incurred pursuant to this Agreement to the extent and in such detail as will properly reflect total project costs. The Government and the Local Sponsor shall maintain such books , eim and resolution of all documents , and other evidence for a minimum of three years after claims arising o£ construction of the Project documents , and claims arising therefrom, and shall make available at their offices at reasonable times , such books, records , other evidence for inspectiS onan Agreeme d audit by horized to this representatives of the p ARTICLE XI - GOVERNMENT AUDIT when propriate of the The Government shall conduct an audito ascertain the for Local Sponsor' s records for the Project to ascertain rt its costs inclusion reasonableness, inclusion as credit against the non-Federal share o£ pro7ec.. costs. 13 Sec 14 Form LCA 21 May 90 ARTICLE XII - FEDERAL AND STATE LAWS In acting under its rights and obligations hereunder, the Local Sponsor agrees to comply with all applicable Federal and State laws and regulations , including section 601 of Title VI of of the Civil Rights Act of 1964 , Public Law 88-352 , a Defense Directive 5500 . II issued pursuant thereto and published in Part 300 of Title 32 , Code of Federal Regulations, as well as Army Regulation 600-7 , entitled "Nondiscrimination on the Bass of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army" . ARTICLE XIII - RELATIONSHIP OF PARTIES The parties to this Agreement act in an independent capacity in the performance of their respective spectives to be cfunctionsonsidered under te thcer, is Agreement, and neither party agent, or employee of the other. ARTICLE XIV - OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress , or resident commissioner, shall be admitted to any snare or part cf this agreement, cr to any benefit th at may arise therefrom. ARTICLE XV - COVENANT AGAINST CONTINGENT FEES warrants that no person cr selling agency The Local Sponsor Agreement for a commission, percentage, has been employed or retained to solicit or secure this upon agreement or understanding fee, excepting bonafide employees cr brokerage, or contingent fee, p agencies maintained by bonafide established commercial purpoO5erofesecuring business . Fer the Local Sponsor for the pure breach or violation of t the Government shall have the right to annul this Agreement. without liability, or, in its Agreement or consideration, or otherwise g discretion, to add to the ercentage, recover, the orfull conti f ngent feesuch cenmiss_en, p brokerage, ARTICLE XVI - TERMINATION OR SUSPENSION a, If at any time the Local Sponsor fails to make the payments required under this Agreement, the Secretary of the Army shall terminate or suspend work on the Prof the Secretct until ary the Ltheocal Army Sponsor is no longer in arrears, determines that continuation of wunlesork on the Project is in the 14 • 011 .c ._ Sec 14 Form LCA 21 May GC interest of the United States or is necessary in order to satis'_. agreements with any other non-Federal interests in connection with the Project . Any delinquent payment shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13-week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3-month period if the period of delinquency exceeds 3 months. b . If the Government fails to receive annual appropriations for the Project in amounts sufficient to meet project expenditures for the then-current or upcoming fiscal year, the Government shall so notify the Local Sponsor. After 60 calendar days either party may elect without penalty to terminate this Agreement or to defer future performance hereunder; however, deferral of future performance under this Agreement shall not affect existing obligations or relieve the parties of liability for any obligation previously incurred. In the event that either party elects to terminate this Agreement, pursuant to this Article , both parties shall conclude their activities relating to the Project and proceed to a final accounting in accordance with. Article VI of this Agreement. In the event. that either party elects to defer future performance under this Agreement, such deferral shall remain in effect until such time as the Government receives sufficient appropriations or either party elects to terminate this Agreement. ARTICLE XVII - NOTICES a. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage-prepaid) , registered, or certified mail , as follows : If to the Local Sponsor: Gordon E. Lacy, Chairman Board of WeJd County Commissioners P.O. Box 758 • Greeley. Colorado 80632-0758 [FULL ADDRESS] 15 e 1 Sec 14 Fcrm 7C-. 21 May 90 If to the Government: u S Army Fraineer niatrirt - Omaha Corps of Engineers, CEMRO-PD-P 21S Mnrth 17th Street Omaha. Nebraska 68109-4978 [FULL ADDRESS ] b. A party may change the address to which such communications are to be directed by giving written notice to the other in the manner provided in this Article. c. Any notice, request, demand, or other corrunication made pursuant to this Article shall be deemed to have been received by the addressee at such time as it is personally delivered or seven days after it is mailed, as the case may be . ARTICLE XVIII - CONFIDENTIALITY To the extent permitted by the law governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing ;arty. ARTICLE XIX - HAZARDOUS SUBSTANCES a. After execution of this Agreement and upon direction by the Contracting Officer, the Local Sponsor shall perform, or cause to be performed, such environmental investigations as are determined necessary by the Government or the Local Sponsor to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) , 42 USC 9601-9675 , cn lands necessary for Project construction, operation, and maintenance. All actual costs incurred by the Local Sponsor which are properly allowable and allocable to performance of any such environmental investigations shall be included in total project costs and cost shared as a construction cost in accordance with Section 103 of Public Law 99-662 . b. In the event it is discovered through an environmental investigation or other means that any lands , easements , rights-of-way, or disposal areas to be acquired or provided for the Project contain any hazardous substances regulated under 16 01 4 .ey 4 r Sec 14 Form LCA 21 May 90 CERCLA, the Local Sponsor and the Government shall provide prompt notice to each other, and the Local Sponsor shall not proceed with the acquisition of lands , easements , eights-of-way, or disposal areas until mutually agreed. c. The Government and the Local Sponsor, shall determine whether to initiate construction of the Project, or if already in construction, to continue with construction of the Project, or to terminate construction of the Project for the convenience of the Government in any case where hazardous substances regulated under CERCLA are found to exist on any lands necessary for the Project. Should the Government and the Local Sponsor determine to proceed or continue with construction after considering any liability that may arise under CERCLA, as between the Government and the Local Sponsor, the Local Sponsor shall be responsible for any and all necessary clean up and response costs , to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of total project costs as defined in this Agreement. In the event the Local Sponsor fails to provide any funds necessary to pay for clean up and response costs or to otherwise discharge its responsibilities under this paragraph upon d —=r-- by the Government, the Government may either terminate or suspend work on the Project or proceed with further worse as provided -•' Article XVI of this Agreement. d. The Local Sponsor and the Government shall consult with each other under the Construction Phasing and Manace-,e^:t Article of this Agreement to assure that responsible parties in CERCLA. Any brany necessary clean up and response costs as define decision made pursuant to paragraph c of this Article shall not relieve any party from any liability that may arise under CERCLA. e. The Local Sponsor shall -operate , maintain , repair, replace, and rehabilitate the Project in a manner so that liability will not arise under CERCLA. 17 C,1. E ,Lt-v. C , . . • Sec 14 Form LCA 21 May 90 ARTICLE XX - APPROVAL OF AGREEMENT The Omaha Di atri rt ELginee" [LOCATION] [DISTRICT/DIVISION] is authorized to execute this Agreement on behalf of the Government, provided no modification is made to this Agreement other than completion in accordance with the bracketed instructions. If any such modification is made , this Agreement shall be subject to the written approval of the Assistant Secretary of the Army (Civil Works) and is not binding on the Government until so approved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE DEPARTMENT OF THE ARMY THE LOCAL SPONSOR BY: [SIGNATURE] Stewart H Rol-rho-Ft Gordon E. La [TYPED NAME] [TYPED NAME] Colonel, Corps of Engineers Chairman District Engineer Board of Weld County Omaha District Commissioners [SELECT ONE] District/Division Engineer Chairman [TITLE IN FULL] DATE: DATE: December 23, 1991 ATTEST: kalate k 18 WELD COUNTY CLERK IO BOARD BY: Oki gql DEPUTY CLER TO BOARD el " j[,yby 4 5 Sec 14 Form LCA 21 May 90 r • p CERTIFICATE OF AUTHORITY I, Thomas 0. David , do hereby certify that I am !i] [TYPED OR PRINTED NAME] the County Attorney of Weld County and that t h:e [TITLE] [LOCAL SPONSOR] Weld County is a legally constituted public body with full 4 [LOCAL SPONSOR] authority and capability to perform the terms of the Agreement between the Department of the Army and Weld County Emergency Streaiifi cAgrotection, South Platte in connection with River in Weld County County Rridsegnd SPONSOR] #28/23A, #61/54B, and [NAME OF PROJECT] #87/42.5 to pay damages, if necessary, in the event of the failure to perform, in accordance with Section 221 of Public Law 91-511 and that the person(s) who has/have executed the Agreement on behalf of trkg Wald County has/have acted .._thin their statutory [LOCAL SPONSOR] authority. IN WITNESS WHEREOF, I have made and executed this Certificate o 2 Authority this day or DECEMBER ) r" a ' V i, [PLACE SEAL AND/OR \ [SIGNATURE]3 ACKNOWLEDGMENT (S) IF NECESSARY n a„i FOR EXECUTION OF THIS mho a[TYPED NAME] DOCUMENT--THE DEPARTMENT OF THE ARMY DOES NOT REQUIRE EITHER. ] -1,4 Count, at'ornPy [TITLE IN FULL] • 19 . t I� Sac 14 Form LCA 21 May 90 i CERTIFICATION OF LEGAL REVIEW • The draft Local Cooperation Agreement for South Platte River ; ;__ Wet$ County Colorado. County Rridg-s #28/234 #61 /54;- and #57/'2 5 -- [NAME OF PROJECT] has been fully reviewed by the Office of Counsel , USAED, Omaha. Nebraska • [LOCATION] i District Counsel i 20 • ASSURANCE OF COMPL__ NCE WITH THE DEPARTMENT OF DE: SE DIRECTI- UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND SU3SEQUENT AC. COT,ORAnO (hereinafter called WELD COUNTY BOARD OF COMMISSIONERS. WFLD COUNTY, "Applicant-Recipient") HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C- 2000d) and all requirements imposed by or pursuant to the Di-=---ive 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 U.S .C. 6102) ; and the Rehabilitation A of 1973, as amended (29 U.S.C. 794) , to the et.1 that, in accordance with Title VI of that Act, the Directive, the Age Discrimination Act and the Rehab'-'_-station 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 :his 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, cf simi'_ar services or benefits. If any personal property is so provided, this assurance sha__ obligate the Applicant-Recipient for the period during which it retains ovine shop 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 i 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-Rec_pient - by the Department, including installment payments after such Cat=_ on =-"..nt arrangement for Federal financial assistance which were approved before such: date . The Applicant-Recipient recognizes and agrees that such Federal Financ=a_ asst stance- will be extended in reliance on the representations and agr=cement=_ ..-add in this assurance, and that the United States shall have right to seek -42.7 enforte- meat of this assurance. This assurance is binding on the Applicant-v.--, successors, ,transferees, and assignees, and the person or person=_ whose signatures - --set_ ----- • appear below zre, authorized to sign this assurance on beha ..lf _ :he -- . --- Dated DECEMBER 23, 1991 WELD COUNTY BOARD OF COMMISSIONERS BY: CHAIRA, (P. C. a of Board , cr P.O. BOX 758 comparab au- iz oftic-al) ATTEST: GREELEY, CO 80632 (Applicant-Recipient' s Mailing Address) WELD COUNTY CLERK TO THE BOARD BY: Sik,(_,U / h /,( MRO FORM 1277 DEPUTY CLERia TO THE BOARD 1 March 1984 9 q y�. 0.741 j"7S1 � 1 DATA RICXN11EC ■Y-41 PRIVACY ACT OA 1374 rs t:..r I+_.e , .T�y7 nor �wis�.•��: Bi+l CT:v MAC Fora 12.17 - Assurance of Compliance Lit 1138-2-31A � .0 r..o.ir• Titla II Of the Civil Rights Act of 1964 (42 USC 2)30d-1; 72 Stat. 252); Age Discrimi- nation Act of 1375 (42 USC 6102); lahabilitation Act of 1971s as mended (2! ulg 791) d L .st,Ca••l PVIV�SJ�Y 'j To assure that every app;icatian of Federal financial assistance to carry out a program or to provide a facility, as authorized under laws administered by arty j component of the De+par'sent of Defuse, anvil, 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 canner that no person In the United States shall, an the 5rouni of race, color,age, sam,religion,handicap or national origin, be excluded from participation in, be denied tha benefits of,or be otherwise subjected to discrimination under_ear arttvity_ e 3 - •. manta Information secured froa completed 2i2D Fora 1277 is used in determining whether or act the recipients of noaiaal or no consideration grants are in continuing compliance vith the requirements of Title VI of the Civil lights Act of 1961, the Age Discrimination Act of 1973 and the habilitation Act of 1977. register of compliance is maintained from reports submitted and checked by • field inspectors. • • I . a a ' Oa VOl'lw At:44 r C121\117 ♦1. I 'ire::: v y�'��re appears to ge � }a�urA' �1< �L�-"i�t.°Yl�lba4 �i jte7f3Sr�Ffid'Dec ssstry . information, and if the noncompliance or threatened noncompliance cannot be corrected try informal peens, compliance a+q be affected by the suspension or termination of or refusal to -ant or to continue Federal financial assistance or by any other means authorised by lay as determined by the responsible Department official. Such ether aaa a say include, but are not limited to (1) a reference to the Department of Justice with a recomendation that appropriate precise-dints be brooglot to enforne Apr rights of the United States or any assurance or other contractual undertaking. in'd_ (2) any MtO fGRM r?9i'} noble arocredine+ under State or 12f1 � ►rr.aev Act Stamina,' - Zs Sep 7S( local law. DECLARATION OF FINANCIAL ABILITY I, Donald D. Warden, Director of Finance and Administration of Weld County, 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, repairing, replacing, and rehabilitating costs of the Project. I further declare that the Road and Bridge fund will be used for the purpose of construction, operating, maintaining, repairing, replacing, and rehabilitating the Project. There were $19,300 allocated to the fund for this fiscal year. As of this date, there is a balance of $1,300, 000 on hand in that fund of which $19,300 is obligated for other purposes. Dated this 23rd day of December, 991. B Y Director of Finance and Administration Erosion Protection Project Enclosure 4 el I i DECLARATION OF FINANCIAL ABILITY 1 , ( , do hereby declars that the % . under the laws of the State of ,' 1 ;" and its authority to A levy taxes , is financially capable of meeting the construction , operating , maintaining , repairing , replacing , and rehabilitating j costs of the Project . I further declare that the rieto ( fund will be used for the purpose of construction , operating , maintaining , repairing , replacing , and rehabilitating the, Project . There were $ (��i 1G u allocated to the fund for this fiscal year . As of this date, there is a balance of $ � a �J a r � i on hand in that fund , of which S /g = is obligated for other purposes . Dated this day of , 19 r 3� r ,1 's Erosion Protection Project Eno a 0 . „ CERTIFICATION REGARDING LOBBYING • 6' The undersigned certifies , to the best of his or her knowledge and belief that: ( 1) No Federal appropriated funds have been paid cr will be 0 paid , by or on behalf of the undersigned , to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant , the making of any Federal loan, the entering into of any cooperative agreement , and the extension , continuation , renewal , amendment , or modification of any Federal contract, grant, loan, or cooperative agreement. (2 ) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract , grant , loan , or cooperative agreement , the undersigned shall complete and submit Standard Form-ii , Disclosure Form Report Lobbying , " in accordance with its instructions . ( 3 ) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements) and certify and disclose accordingly . that all sub recipients shall cer y This certification is a material representation of fact upon, which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making cr entering into this transaction imposed� U. S . Code. Any person. who by section. 1352 , title 31 , fails to file the required certification shall be subject to a civil penalty c£ not less than $10 , 000 and not more than $100 , 000 for each such failure. S o l t C( �' 1 w 2 - d N .. 3 U w q �$� �� W o n5 .`(o. m5 n. d r� w mJ .g m� na5 o Ba Q t� ate{ { iif 2.i i 04 m6 0d 0 mwV l§° �l o G z; z ,- t% 2sa _ i t �9 \y 6 OX.' J6 6O rf�i ~ 8 8d 8a 6a or pua _ li ca[, ! � — — �. laS6 I t' ¢ f' 2 l'fi x it z llids— = _ - _ F, ig . - _ii, W . W I IT I I :- -I I ••• • : 1 -I 1=1' • •1 _ I al .Ti (.- -I , �lIII1 fp .i r 5lt I • •- • ' � r 1Y k'7 i I , , ("I • • I . I mk . Fl.. ��R �., I I 0 - - 4 , l:i $ tom . 11=1'2". _ ≥ �-- f I �-{"I' 1 • I Ittl" , . • V k i 1 lw Y � F � � { '1 Y I. , •1,., , x :.y rr. j 1 1 '• l S a ; .j • I I ,, i • r'? � I l o t u� r ?i I. ' ,� ! w• 4�l! L,, : ' a- I` = ��A , v • .. -k:�, -— • _.�. �.�. 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E 3 . , el %3t-l'; i I II P F w I2 I _ L a 4 o m @ A b —z 'Ei s �� 1 3 a i e n lE, 9i 'o , i L._ s @m= _ !s`7_ 8 •= Ca 5 u u A g Bd"aW .: r tt C In o n o E 3 ca-,, _ 1tt' ]'] 1. 1 0 o n o 3 6 Wq '?I � ' a fa d 3 1 t , 5 'Co ce z ₹d§ ?,i P. ,, ,- anN 'Ica% v.�y' z o E',1E:Pr..- o Z to n v .. ay CpbC-^r K _ N en P ., w A " I ii ii A ' ° a p� Ix A A R i = i. cl N > " I inal_ : c ' {6J/ 7.' 31 T > - ~I v N <I aI 3 " I 1� � \ 8 Iy/ Z. a / �' I I : ; - aA Iz 1 _ s - 7 a I II lAI't to I � " m L. . )\; , , \ . - ` ( J\ : 6 // , i , 4> < / , . /\ \ » \ \ i %% ^ \& /qI ` $/§ ` " ! : 1 / \ ( / ! i } ? //j . . . / %\! i , ! ! , , , , , , z ! ; _ 5' r rill gi id / ( , [ g. 1:' , / { ( j ` 1. j \ ? ` \ : : * ;\ § - ki ` | \ ` � /� ) §\ . , ` > \\ \ j � (kJ a -• § \\ \ « ) WI vu: jCt / / ` j / � j » ( © ! ( N g-22 EM \ \ \ \ \ ~ \ . _ ,illiSy. _ L i i I \ } { I I ` ' el ±Jti'C; = ! § \_ _ _Nit § > «3. - — - .1' .-51`.";-,1 R . 1 ) -- _ \ } \} � % / ; .1 Ea\\ ! ° vio . G_ } § \ ` 2 , 4 `#2 % : ,2 - _« © » - , { , ! 'z : » : 9.9-ct . ! | / ` ~ \ _ \§ - - } ! [ � / /\( � � { �a . \\\ \\ \\ \ • , l � . j . _ - ` / ; � : — ° ! . < \ ( i = „ , ,c • \ \ \ \ \ \ \ � .f L .c " " E '06 � • ` ] | - - 2 I \ } \ \ \ \ j a . , 7 ! — . 1 | " • \ . , ! \ ) ' E \ \ \ }_ \ \ hi ) © ` i ' I - \ \ _ \ —:«=. � ` — , . yw = } 7.5 I � ~ • / j . ! ~ 1 Mf%9-y .1, Pi ATTORNEY' S CERTIFICATION 4 3 a { RE: EMERGENCY STREAMBANK PROTECTION, SOUTH PLATTE RIVER IN [VELD COUNTY, COLORADO, WELD COUNTY BRIDGES m28/23A, ,#61/548, and i{ ,#87/42 . 5 I am the attorney for WELD COUNTY, COLORADO the local sponsor for the above referenced project. This is to certify that I have examined the rights-of-way l documents and the title evidence pertaining to said documents, and have compared the legal descriptions in said documents with the rights-of-way drawings furnished by the Corps of Engineers. Based upon my examination of these documents, I hereby certify that WELD COUNTY, COLORADO the local sponsor for this project, has acquired the necessary land interests required for the above referenced project. -� � d ;aa Attorney at Law Date: DECEMBER 23, 1991 011 Cnc ( 7 DEPARTMENT OF THE ARM f • RIGHT-OF-ENTRY FOR CONSTRUCTION • • (P+oiec:. i*•<ottano+ o. ..awry) . _ , The undersigned, hereinafter called the "Owner," x. x� �� tx �Xxx;x '�eCmx.YX'� aixa-•.� �?,•xarx�nsXX,3y�C'c�CX � Gocattorithooriaxmaxaecconnbucarbogcs hereby grants to the Government, a permit Y or right-of-entry upon the following terms and conditions: i ). The Owner hereby- grants to the Government an irrevocable right j enter upon the Lanes hereinafter described at any time within a period of months from the date of this instrument, in order to erect buildings or any other type of improvements and to perform construction work. of any nature. Owner described ?. This permit includes the right of ingress and egress or. other lands of the 0 available ly 1 below, provided that such ingress and egress is necessary and not otherwise convenient a to the Government. � ,glcxd'19.S Y�vvBI--Y-��83E �� lL . xigioperfexa xxx to patrol and policQ the lanes hereinafter described i _. The Government shall have the right during the period of this permit or right-ot-entry. �.. iti The lard affected by this permit or right-of-entry is located in the County of WELD I COLORADO , and is described as State of s t foiiows. Sestion 36, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado Section 9, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado Section 19, Township 4 North, Range 61 West of the 6th P.M. , Weld County, Colorado • a i 's -- day of D CEMBER 1° 91 wITtiESS/) D °� this 23RD ' WITNESS: {C ATTEST: (SEAL) - ' WELD} COUNTY CLERK TO BOARD G' , LAC , isis�'' RMAN • � / �� WELD COUNTY BO"J�F COMMISSIONERS(SEAL) • BY: '(_' 2DEPUTY P TY CL TO B ARD ' . ERC rnms (EA( .r 0-1-46-1) EDITOR OF I ADG 57 ARO ALL SIMILAR LOCAL FORMS ARE OBSOLETE 117EC .3 t U.S.OWERRMERr,MRnRG OTC:p,Yo-•91•ix _. .._.._ SP. Hello