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HomeMy WebLinkAboutC06-271 FS Agreement No. 82-RO-l1021500-005 Cooperator Tax ID No. 846000762 Cooperator Agreement No. 8/15/06 PROJECT AGREEMENT to COOPERATIVE ROAD AGREEMENT No. 82-RO-11021500-005 MODIFICATION No.6 for EAST & WEST BRUSH CREEK ROADS, RED SANDSTONE AND PINEY RIVER ROADS between USDA FOREST SERVICE, WHITE RIVER NATIONAL FOREST and EAGLE COUNTY, COLORADO This Project Agreement is made and entered into by and between the BOARD OF COUNTY COMMISSIONERS of Eagle County in the State of Colorado, hereinafter referred to as the County and the Forest Supervisor, White River National Forest, hereinafter referred to as the Forest Service, under the Forest Road Agreement No. 82-RO-11021500-005 dated June 22,2000. A. PURPOSE OF AGREEMENT The Forest Service and the County have determined to repair and restore the East and West Brush Creek Roads FSR Nos. 415 and No. 400 (West Brush Creek Road also known as Eagle Thomasville Rd. No. 400), the Red Sandstone/Muddy Pass Road FSR 700 and the South Fork Piney Road FSR 701 in order to provide for the safe mix of commercial, administrative use, and public traffic. The objective is to reduce dusting and to stabilize aggregate surface, reducing loss of aggregate and reducing impact to air quality. The roads are currently listed on the revised (June 2002) Schedule "A" of the Forest Road Agreement dated June 22, 2000. On the East Brush Creek Road the project begins at milepost 0.0 and ends at milepost 3.1; on the West Brush Creek Road the project begins at milepost 9 .1 (end of pavement) and ends at milepost 13.8, for a total distance of7.8 miles. The Red Sandstone project begins at milepost 0.0 on the Red Sandstone Road and ends at milepost 6.5 at the intersection with_Piney River Road FSR 701. The South Fork Piney Project begins at the intersection with FSR 700, M.P. 0.00 and ends at the Piney River Bridge at M.P. 2.4 B. FOREST SERVICE SHALL: Reimburse the County for application of dust abatement material on the East and West Brush Creek roads. Reimbursement shall not exceed $40,000. 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: USDA Forest Service Albuquerque Service Center Payments Grants and Agreements lOlB Sun Ave. NE Albuquerque, NM 87109 A copy of the invoice shall be submitted to: FS Agreement No. 82-RO-ll021500-005 Cooperator Tax ID No. 846000762 Cooperator Acreement No. 8/15/06 White River National Forest Attn: Raymond Langstaff 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 party's 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 ofthe 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. PRINCIP AL CONTACTS. The principal contacts for this instrument are: Raymond Langstaff Brad Higgins Physical Address White River National Forest Eagle County Road and Bridge Eagle County Road and Bridge P. O. Box 948 P.O. Box 250 3289 Cooley Mesa Road Glenwood Springs, Co. 81601 Eagle, CO 81631 Gypsum, Co 81637 970-945-3277 970-328-3540 FAX 970-328-3546 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 proj ect costs) to ensure proper planning, management, and completion ofthe project. FS Agreement No. 82-RO-l1021500-005 Cooperator Tax ID No. 846000762 Cooperator Agreement No. 8/15/06 9. FlJNDING 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. 11. COMPLETION DATE. This agreement is executed as of the last date shown below and expires no later than December 31, 2006, at which time it is subject to review and renewal, or expiration. 12. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that the individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement. 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 COM I B' By: Date By: Date USDA FOREST SERVICE WHITE RIVER NATIONAL FOREST By1!la MARIBETH GUST A SON FOREST SUPERVISOR The authority and format of this instrument has been reviewed and approved for signature. /s/ LuAnn Waida 8/15/2006 LUANNWAIDA DATE AGREEMENTS COORDINATOR Job Code - 0215 TRTR15 - $20,000 0215 CMRD15 - $20,000 Agreement #: Spending Limit for FY06: Burden (overhead rate): Job Code: Billing Frequency (advance lump sum, monthly, quarterly, semi-annual, annual): Vendor ID (multiple partners?): If Federal, Agency Location Code: Program Manager and phone #: Termination Date: FS Agreement No. 82-RO-ll021500-005 Cooperator Tax ID No. 846000762 Cooperator Agreement No. 8/15/06 FOR FOREST SERVICE USE ONLY 82-RO-l102l500-005 5 Eagle County Dust Abatement Cost Estimate 2006 East and West Brush Creek On the West Brush Creek Road it ends at milepost 13.0, for a total distance of 9.0 miles. aka E- T rd aka Brush Creek Rd Brush Creek bmp = end pavement Sylvan Lake 8.5 MgCI2 Application 9.1 13.8 4.7 miles Jct FSR 400 E Brush Creek Xing On the East Brush Creek Road the project begins at milepost 0.0 and ends at milepost 3.1. MgCI2 Application o 3.1 3.1 miles Total 7.8 Red Sandstone/Piney The Red Sandstone project begins at milepost 0.0 on the Red Sandstone Road and ends at milepost 6.5 at the intersection with Piney River Road FSR 701 The South Fork Piney Project begins at the intersection with FSR 700, M.P. 0.00 and ends at the Piney River Bridge at M.P. 2.4 Red Sandstone FSR 700 Jct Piney MgCI2 Rd Application o 6.5 6.5 miles Piney Piney Rd FSR River MgCI2 701 Bridge Application o 2.4 2.4 miles Total 8.9 Material costs gals used $/gal 8.90 Miles on Red Sandstone 2313.707865 gal/mi 20592 $0.25 $5,148.00 7.80 Miles on E&W Brush 2313.707865 gal/mi 18046.92135 $0.25 $4,511.73 total gals 38638.92135 $0.25 $9,659.73 Total Eqpt Hrs $/hr personnel $ Motor grader hr 120.1 $40.00 $4,804.00 $24.45 $2,936.45 vibratory roller/compactor hr 60.0 $40.00 $2,400.00 $24.45 $1,467.00 Water pump 4" hr 22.5 $15.54 $349.65 Water Truck hr 60.0 $51.83 $3,109.80 $24.45 $1,467.00 Distributor Truck hr 37.5 $30.55 $1,145.63 $24.45 $916.88 Tanker Truck hr 37.5 $20.55 $770.63 $24.45 $916.88 Labor hr 360.3 $30.62 $11,031.46 $12,579.71 $18,736.60 NOTE: Grand Total $40,976.04 Eagle County blades some or all of 228.21 miles of road under the Forest Road Agreement. At current contracting rates that is a value of nearly $228,000 annually. Over the 6 years the current agreement has been in effect that is a value of $1 ,370,000.