LCA AMENDMENT NUMBER 2 - DRAFT 11/05/03 - R

 

MOPR Notes:  This is the city's draft;  it has no dates or sigs filled in. 


DRAFT  11/05/03 - R

 

AMENDMENT NUMBER 2

OF THE

LOCAL COOPERATION AGREEMENT

BETWEEN   

THE DEPARTMENT OF THE ARMY

AND THE

CITY OF VALLEY PARK,  MISSOURI

FOR CONSTRUCTION OF THE

LOWER MERAMEC RIVER BASIN (VALLEY PARK),  MISSOURI PROJECT

 

 

   THIS AMENDMENT is entered into this          day of _____, 2003 by and between the DEPARTMENT OF THE ARMY (hereinafter the "Government"), represented by the Assistant Secretary of the Army (Civil Works), and the CITY OF VALLEY PARK,  MISSOURI (hereinafter the "Local Sponsor"), represented by the Mayor.

 

   WITNESSETH, THAT:

 

   WHEREAS, construction of the Lower Meramec River Basin (Valley Park), Missouri Project at the City of Valley Park, Missouri (hereinafter the "Project") was authorized by Public Law 97-128, Section 2 (h);

 

   WHEREAS, on August 12, 1992 the Government and the Local Sponsor entered into a Local Cooperation Agreement (hereinafter the "Agreement") for the construction of the Project; 

 

   WHEREAS, on September 23, 1997 the Government and the local Sponsor agreed to amend the Agreement to incorporate some of the provisions contained in model Project Cooperation Agreement for structural flood control;

 

   WHEREAS, Section 333 of the Water Resources Development Act of 1999 authorizes construction of the Project at a maximum Federal expenditure of $35,000,000, subject to a determination by the Assistant Secretary of the Army (Civil Works) that the Project is technically sound, environmentally acceptable, and economically justified;

 

   WHEREAS, the Assistant Secretary of the Army (Civil Works) determined on April 12, 2002 that the Project is technically sound, environmentally acceptable and economically justified, and approved the construction of the Project at a maximum Federal expenditure of $35,000,000;  and,

 

   WHEREAS, it is necessary to amend the Agreement to reflect the Federal cost limitation for the Project.   

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   NOW, THEREFORE, the Government and the Local Sponsor agree to amend the Agreement as follows:

 

1.  Article I.a. is replaced in its entirety and reads as follows:

 

   "a.  The term "Project" shall mean the construction of the structural flood control features and associated recreation features at Valley Park, Missouri, as further defined herein and generally described in the Plan Formulation Report and General Design Memorandum of the District Engineer, St. Louis, dated March 1987, and the report entitled "Lower Meramec River Basin, Valley Park, Missouri Flood Protection Project, Post Authorization Change Report and Engineering Documentation Report", dated November 8, 2001, and approved by the Acting Assistant Secretary of the Army (Civil Works) on April 12, 2002.

 

     1.  The term "structural flood control features" shall mean the construction of a 3.2 mile line of flood protection consisting of approximately 2.7 miles of earthen levee, approximately 0.5 miles of combination engineered fill/flood protection with a clay cap and a core of crushed rubble from an abandoned glass plant and other material, six gravity drains, three closure structures, five interior ponding areas, relief wells, and mitigation features for the purpose of protecting much of the City of Valley Park against a flood event along the Meramec River that would have a recurrence interval of once in 100 years.

 

     2.  The term "associated recreation features" shall mean recreation lands and facilities associated with the structural flood control features, including standard play equipment, multi-use courts, play field areas, picnic tables, comfort stations, parking, hiking/biking trails, and any lands, easements, and rights-of-way required for public access, health, and safety."

 

2.  The following is made part of the Agreement as a new Article IV.b.3.

 

     "3.  Any credit afforded for the value of relocations performed within the Project boundaries after execution of this Amendment is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction, including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.) and the Copeland Anti-Kickback Act (formerly 40 U.S.C. 276c)).  Crediting may be withheld, in whole

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or in part, as a result of the Local Sponsor's failure to comply with its obligations under these laws."

 

3.   Article VI.a. is replaced in its entirety and reads as follows:

 

     "a.  The Local Sponsor shall provide, during the period of construction, the cash payments required to meet the Local Sponsor's obligations under Article II and Article XXI of this Agreement for construction of the structural flood control features and the associated recreation features.  Total Project costs are currently estimated to be $49,295,000.  In order to meet the Local Sponsor's share, the Local Sponsor must provide a total cash contribution currently estimated to be $5,772,000.  The dollar amounts set forth in this Article are based upon the Government's best estimates which will reflect projection of costs, price level changes, and anticipated inflation.  Such cost estimates are subject to adjustments based upon cost actually incurred and are not construed as the total financial responsibilities of the Government and the Local Sponsor."

 

4.  Article XII is replaced in its entirety and reads as follows:

 

     "In the exercise of their respective rights and obligations under this Agreement, the Local Sponsor and the Government agree to comply with all applicable Federal and State laws and regulations, including, but not limited to, Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto, as well as Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army";  and all applicable Federal labor standards requirements including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 USC 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly USC 327 et seq.) and the Copeland Anti-Kickback Act (formerly 40 USC 276c))."

 

5.  Add a new Article as follows:

 

"ARTICLE XXI - LIMITATION ON GOVERNMENT EXPENDITURES

 

     In accordance with Section 333 of the Water Resources Development Act of 1999 (Public Law 106-53), the Government's expenditure of funds on the Project is limited to $35,000,000 unless otherwise authorized by law, which shall include all Federal funds expended by the Government for planning, design and construction in accordance with Section 2 (h) of Public Law 97-128 except for costs incurred on behalf of the Local Sponsor in accordance with Article II.k. and II.1. of the Agreement. 

 

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Notwithstanding any other provisions of this Agreement, the Local Sponsor shall be responsible for all costs in excess of this amount."

 

6.   All other terms and provisions of the Agreement remain unchanged.

 

IN WITNESS WHEREOF, the parties hereto have executed this Amendment, which shall become effective upon the date it is signed by the Assistant Secretary of the Army (Civil Works). 

 

DEPARTMENT OF THE ARMY THE CITY OF VALLEY PARK,
  MISSOURI
   
BY: ______________________ BY: ______________________
      JOHN PAUL WOODLEY, JR.       DANIEL MICHEL
      Assistant Secretary of the       Mayor
      Army (Civil Works)       City of Valley Park,
        Missouri
   
DATE: ___________________ DATE:  ___________________

 

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CERTIFICATE OF AUTHORITY

 

     I, Eric M. Martin, do hereby certify that I am the principal legal officer of the City of Valley Park, Missouri, that the City of Valley Park, Missouri is a legally constituted public body with full authority and legal capability to perform the terms of Amendment Number 2 between the Department of the Army and the City of Valley Park, Missouri in connection with the Lower Meramec River Basin (Valley Park), Missouri Project and to pay damages in accordance with the terms of Amendment Number 2, if necessary, in the event of the failure to perform, as required by Section 221 of Public Law 91-611, (42 U.S.C. Section 1962d-5b), and that the persons who have executed Amendment Number 2 on behalf of the City of Valley Park, Missouri have acted within their statutory authority.

 

     IN WITNESS WHEREOF, I have made and executed this certification, this      day of           , 2003.

 

                                

ERIC M. MARTIN   

Attorney for the City of

Valley Park, Missouri

 

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