No preview available
HomeMy WebLinkAboutC11-102 Road Project Agreement USDA, Forest Service OMB 0546 - 0217 stf ES-1500-9A FS Agreement No. 82 -R0- 11021500 -005 Modification No. 11 Cooperator Agreement No. ROAD PROJECT AGREEMENT Between The EAGLE COUNTY, STATE OF COLORADO And The USDA, FOREST SERVICE, WHITE RIVER NATIONAL FOREST This Project Agreement (agreement) is hereby made and entered into by and between Eagle County, State of Colorado, hereinafter referred to as "Cooperator," and the USDA, Forest Service, White River National Forest, hereinafter referred to as the "U.S. Forest Service," as specified under the authority and provisions of the Cooperative Forest Road Agreement # 82- RO- 1 1 02 1 500 -05 executed between the parties on June 22, 2000. Project Title: Federal Highway Administration- Emergency Relief on Federally Owned Roads: Reimbursement for 2010 Emergency Repairs I. BACKGROUND: The parties entered into a Forest Road Cooperative Agreement (Coop Agreement) on June 22, 2000. This Coop Agreement allows for the parties to cooperate in the planning, survey, design, construction, reconstruction, improvement and maintenance of certain forest roads. The Schedule A, which is attached to the Coop Agreement, identifies the maintenance responsibilities of the parties to the specific road systems and may be revised as necessary. The process of revising the Schedule A can be labor intensive and time consuming due to requiring extensive valuations and several levels of formal review. Accordingly, formal revision of the Schedule A does not readily lend itself to rapid response times, adjusting to limited funding opportunities and a high degree of site condition specificity. The Coop Agreement allows for specific Project Agreements between the parties with the intent of completing work as expeditiously as available funds or work opportunities allow. The Coop Agreement identifies numerous requirements for the development of Project Agreements. These requirements include but are not Limited to: • The specific project (road) must be included in an approved U.S. Forest Service — Cooperator plan (Schedule A). • Mutual approval • The cost to be borne by each party. • The amount of cooperative funds as set forth in the Project Agreement shall be the maximum commitment of either party unless changed by a formal modification prior to incurring any expense. • Work must be completed in accordance with agreed upon standards. Page 1 45 ( 1► USDA, Forest Service OMB (1596 -0217 FS-1 500-9A II. PURPOSE: The purpose of this Project Agreement (agreement) is to document the parties' cooperation in the reimbursement of funds for the 2010 spring flooding emergency repairs to Eagle Thomasville (FS Rd. # 400) and East Brush Creek Road (FS Rd. # 415) as qualified under the Federal Highway Administration's Emergency Relief for Federally Owned Roads program. III. THE COOPERATOR SHALL: A. Bill the U.S. Forest Service for actual costs incurred, not to exceed 557.324.00 IV. THE U.S. FOREST SERVICE SHALL: A. PAYMENT /REIMBURSEMENT. The U.S. Forest Service shall reimburse Cooperator for the U.S. Forest Service's share of actual expenses incurred, not to exceed $57,324.00. The U.S. Forest Service shall make payment upon receipt of Cooperator's one -time invoice. Each invoice from Cooperator must display the total project costs for the billing period. Each invoice must include, at a minimum: 1) Cooperator's name, address, and telephone number 2) U.S. Forest Service agreement number 3) Invoice date 4) Performance dates of the work completed (start and end) 5) Total invoice amount for the billing period The invoice must be forwarded to: U.S. Forest Service Albuquerque Service Center Payments — Grants & Agreements 10113 Sun Ave NE Albuquerque, NM 87109 FAX: 877 -687 -4894 Send a copy to: White River National Forest Erica Borum PO Box 948 Glenwood Springs, CO 81602 V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this instrument. Page 2 of 5 t USDA, Forest Service OM13 0596 - 0217 FS I50 - 9A Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Name: Gordon Adams Name: Nicole Wasson Eagle County Road and Bridge Eagle County Road and Bridge Address: PO Box 250 Address: PO Box 250 City, State, Zip: Eagle, CO 81631 City, State, Zip: Eagle, CO 81631 Telephone: (970) 328 -3540 Telephone: (970) 328 -3540 FAX: (970) 328 -3546 FAX: (970) 328 -3546 Email: gordon.adams@eaglecounty.us Email: nicole.wasson@eaglecountv.us Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager U.S. Forest Service Administrative Contact Contact Name: Erica Borum Name: Elaine Langstaff Address: PO Box 948 Address: PO Box 948 City, State, Zip: Glenwood Spgs, CO 81602 City, State, Zip: Glenwood Spgs, CO 81602 Telephone: (970) 945 -3277 Telephone: (970) 945 -3224 FAX: (970) 945 -3288 FAX: (970) 945 -3211 Email: eborum @fs.fed.us Email: elant staff kfs.fed.us B. In the event of a conflict between this Project Agreement and the Coop Agreement, the later shall take precedence. C. FREEDOM OF INFORMATION ACT (FOIA). Information furnished to the U.S. Forest Service under this agreement is subject to the Freedom of Information Act (5 USC 552). D. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (E0) 13513, "Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. E. FUNDING EQUIPMENT. Federal funding under this agreement is not available for reimbursement of Cooperator's purchase of equipment. F. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals. Page 3 of 5 r ? 1 SD.-�, Forest Service ice untl3 05(46 -03 �' Is ino -y4 G. ENDORSEMENT. Any of Cooperator's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of Cooperator's • products or activities. H. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding, 1. MODIFICATION. Modifications within the scope of this instrument must he made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 45 days prior to implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. J. TERMINATION. Either party. in writing, may terminate this agreement in whole, or in part, at any time before the date of expiration. Neither party shall incur any new obligations for the terminated portion of this agreement after the effective date and shall cancel as many obligations as possible. Full credit shall be allowed for each party's expenses and all non - cancelable obligations properly incurred up to the effective date of termination. K. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through June 1. 2011 at which time it will expire unless extended. L. AUTHORIZED REPRESENTATIVES. By signature below, the parties certify that the individuals listed in this document as representatives of each party are authorized to act in their respective areas for matters related to this agreement. This agreement shall be effective as of the date herein written and shall supersede all prior existing • 'e s _ ments, if any, fzj. the same roads. 1 ,I A JON :TAV TEY, COON ' COMMISSIONER Date CHA RM Eagle " _ •nty Colorado / • • 411S ),1 COTT G. FITZ LIAMS, FOREST Date SUPERVISOR U.S. Forest Service, White River National Forest Page4of5 s SD \. Forest Sery i,x fs - lilt eta The authority and format of this instrument have been reviewed and approved for signature. qi, it `L AINE _ 1 `TA D� to C.I.S. Forest Service Gr.nts & Agreements Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor. and a person is not required to respond to a collection of information unless it displays a valid OMB control number The valid OMB control number for this information collection is 0596.0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race. color. national origin, age. disability. and where applicable, sex, marital status, familial status, parental status, religion. sexual orientation, genetic information, political beliefs. reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs) Persons with disabilities who require alternative means for communication of program information (Braille, large print. etc.) should contact USDA's TARGET Center at 202- 720.2600 (voice and TDD) To file a complaint of discrimination. write USDA. Director. Office of Civil Rights. 1400 Independence Avenue. SW Washington. DC 20250 -9410 or call toll free (866) 632 -9992 (voice( TDD users can contact USDA through local relay or the Federal relay at (800) 877 -8339 ,TDDj or (866) 377-8642 (relay voice)- USDA is an equal opportunity provider and employer. Page 5 of 5