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HomeMy WebLinkAboutC01-218 Project Agreement for East and West Brush Creek RoadsPROJECT AGREEMENT for EAST AND WEST BRUSH CREEK ROADS Between USDA FOREST SERWrF.- WHITE RIVER NATIONA C7 And _n EAGLE COUNTY, COL This Project Agreement is made and entered into by and CONMSSIONERS of Eagle County in the State of Col ' County and the Forest Supervisor, White River National t Forest Service, under the Forest Road Agreement dated A. PURPOSE OF AGREEMENT The Forest Service and the County have determined to repair and restore the East and West Brush Creek Roads No. 415, No. 400 and Coffee Pot Road No. 600 in order to provide for the safe mix of commercial, administrative use, and public traffics. A portion of each of these roads are currently County Roads and are listed on the current Schedule "A" of the Forest Road Agreement dated June 22, 2000. The project begins at milepost 10.0 and ends at milepost 16.0 on the East Brush Creek Road and ends at milepost 13.0 on the West Brush Creek Road, a distance of 9.0 miles. The project on Coffee Pot road begins at milepost 0 and ends at milepost 6.0, a distance of 6 miles. B. FOREST SERVICE SHALL: 1. Reimburse the County for application of dust abatement material on the East and West Brush Creek roads and the Coffee Pot road. Reimbursement shall not exceed $10,600.00. Partial payments may be made upon submission of an invoice from the County. No payment will be made for less than $200.00. C. THE COUNTY SHALL: 1. Provide necessary equipment, materials and labor to prepare the roadbed and apply magnesium chloride dust abatement material to the surface in accordance with County specifications. 2. Provide the Forest Service with itemized invoices for application of dust abatement material. The original copy of the invoice shall be submitted to: White River National Forest Attn: Carol Hindman P.O. Box 948 Glenwood Springs, Colorado 81602 r A copy of the invoice shall be submitted to: White River National Forest Attn: Ken Earlywine P.O. Box 948 Glenwood Springs, Colorado 81602 D. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed. The Forest Service is not obligated to fund any changes not properly approved in advance. 2. TERMINATION. Either party(s), in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. Neither party(s) shall incur any new obligations for the terminated portion of the instrument after the effective date and shall cancel as many obligations as is possible. Full credit shall be allowed for each parties expenses and all noncancellable obligations properly incurred up to the effective date of termination. 3. NONDISCRIMINATION. The cooperator shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, executive orders, regulations and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), which prohibits discrimination on the basis of race, color, handicap, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex. 4. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the Cooperator(s) from participating in similar activities with other public or private agencies, organizations, and individuals. 5. OWNERSHIP. No part of this instrument shall entitle the cooperator to any share or interest in the project other than the right to use and enjoy the same under the existing regulations of the Forest Service. 6. OBLIGATIONS. Nothing herein shall be considered as obligating the Forest Service to expend or as involving the United States in any contract or other obligations for the future payment of money in excess of funding approved and made available for payment under this instrument and modifications thereto. 7. PRINCIPAL CONTACTS. The principal contacts for this instrument are: Ken Eariywine Brad Higgins White River National Forest Eagle County Road and Bridge Dept P. O. Box 948 Glenwood Springs, Co. 81601 970 - 945 -3203 C, PO Box 250 Eagle, CO 81631 970 - 328 -3540 8. LEGAL AUTHORITY. The recipient/cooperator has the legal authority to enter into this instrument, and the institutional, managerial and financial capability (including funds sufficient to' pay non - Federal share of project costs) to ensure proper planning, management, and completion of the project. 9. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is not available for reimbursement of cooperator purchase of equipment. 10. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land at the direction of either of the parties, shall thereupon become property of the United States, and shall be subject to the same regulations and administration of the Forest Service as other National Forest improvements of a similar nature. This agreement is executed as of the last date shown below and expires no later than December 31, 2001, at which time it is subject to review and renewal, or expiration. IN WITNESS WHEREOF, the parties as hereto have executed this Project Agreement as of the last date shown below. COUNTY OF EAGLE STATE OF COLORADO COUNTY COMMISSIONERS: By: �. ?rs14( Date D7nlD1 Date Date USDA FOREST SERVICE WHITE RIVER NATIONAL FOREST By: MARTHA J. KETELLE Date Forest Supervisor r The authority & format of this instrument has Been reviewed and is approved for signature. /s /Carol A. Hindman 6/30/01 CAROL A. HINDMAl*-1 Date FS Agreements Coordinator C-1 EAGLE BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST & STAFF RECOMMENDATION FORM TITLE Project Agreement for East and West Brush Creek Road between White River National Forest and Eagle County for dust abatement material LOCATION Road & Bridge Department STAFF CONTACT/PRESENTER Brad Higgins - Road & Bridge Director DEPARTMENT REQUESTED HEARING DATE (1ST CHOICE)\ (2ND CHOICE) CHECK ONE: CONSENT CALENDAR XX ON THE RECORD WORK SESSION LENGTH OF TIME REQUESTED\REQUIRED 5 min. HAVE THE DOCUMENTS �EEN REVIrD AND APPROVED BY THE COUNTY ATTORNEY Attorney IF THIS IS A CONTRACT OR OTHER ITEM REQUIRING AN EXPENDITURE, IS THE FULL AMOUNT TO COVER THIS REQUEST IN THE CURRENT APPROVED BUDGET? PROJECT /CONTRACT DESCRIPTION Dust abatement material for Coffee Pot and East and West Brush Creek Roads. STAFF RECOMMENDATION Approve and Chairman be authorized to sign. BASIS FOR RECOMMENDATION Approve agreement. PROPOSED MOTION I move that the Board approve said agreement and the Chairman be authorized to sign. (ATTACH ALL BACK UP DOCUMENTS TO THIS FORM) Jack Ingstad, Punty Administrato V11 C, 60� -(-Z� r� 114- C,