HomeMy WebLinkAboutC11-282 Road Project Agreement L 1 USDA, Forest Service OMB 0596.0217 FS- 1500 -9A FS Agreement No. g 82 -RQ- 11021500 -0 OS Modification 13 Cooperator Agreement No. ROAD PROJECT AGREEMENT Between 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 "Eagle County," 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- 11021500 -005 executed between the parties on August 4, 1982. Project Title: Magnesium Chloride Supplies for Stabilization and Dust Suppression on Barkbeetle Haul National Forest System (NFS) Roads L BACKGROUND: The parties entered into a Forest Road Cooperative Agreement (Coop Agreement) on August 4; 1982. 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 maximurn comrnitment of either party unless changed by a fonnal modification prior to incurring any expense. • Work must be completed in accordance with agreed upon standards. Page 1 of 6 e — USDA, Forest Service OMB 0596 - 0217 FS- 1500 -9A II. PURPOSE: • The purpose of this Project Agreement (agreement) is to document the parties' cooperation in the Magnesium Chloride supply /application for stabilization and dust suppression on barkbeetle haul roads, specifically Red Sandstone Road NFS Road 700 starting at MP 0.0, East Brush Creek Road 415 starting at approximately MP 9.1, and West Brush Creek Road /Eagle Thomasville NFS Road 400 starting at approximately MP 0.0. The work is as described in the hereby incorporated Financial Plan, attached as Exhibit A. III. THE COOPERATOR SHALL: A. Perform in accordance with the Financial Plan, Exhibit A. B. Bill the U.S. Forest Service for actual supply costs incurred, not to exceed $50,000. C. Grade /water roads to adequate condition for applying the dust preventative (magnesium chloride). D. Procure dust preventative, to be delivered to their shop location in Eagle. E. Coordinate with the U.S. Forest Service prior to the start of projects. F. Mix and apply dust preventative to the roads listed in Section II, in accordance with County or State specifications. Dust Preventative shall be applied for approximately 6.5 miles on Red Sandstone Rd, 3.1 miles on East Brush Creek Road, and 14.7 miles on West Brush Creek Road /Eagle Thomasville; as supplies allow. G. Inform the U.S. Forest Service when projects are complete, and coordinate for project reviews prior to submitting invoices. IV. THE U.S. FOREST SERVICE SHALL: A. Perform in accordance with the Financial Plan, Exhibit A. B. Provide input, assistance and review of the project as determined necessary. C. Review project work prior to processing invoices. D. The U.S. Forest Service shall reimburse Eagle County for the U.S. Forest Service's share of actual expenses incurred, not to exceed $50,000, as shown in the Financial Plan. The U.S. Forest Service shall make payment upon receipt of Eagle County's monthly invoice. Each invoice from Eagle County must display the total project costs for the billing period. Each invoice must include, at a minimum: 1) Eagle County's name, address, and telephone number Page 2 of 6 USDA, Forest Service OMB 0546 - 0219 FS- 1500 -9A 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 101B Sun Ave NE Albuquerque, NM 87109 FAX: 877 -687 -4894 Send a copy to: Mark Buchanan, 900 Grand Ave, Glenwood Springs CO 81601 or jmbuchanan@fs.fed.us 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 agreement. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Name: Brad Higgins, Eagle County Name: Nichole Wasson, Eagle County Address: P.O. Box 250 Address: P.O. Box 250 City, State, Zip: Eagle, CO City, State, Zip: Eagle, CO 81631 Telephone: 970- 328 -3540 Telephone: 970- 328 -3540 FAX: 970 -328 -3546 FAX: 970 - 328 -3546 Email: brad.higgins@eaglecounty.us Email: nicole.wasson @eaglecounty.us Principal U.S. Forest Service Contacts: U.S. Forest Service program Manager U.S. Forest Service Administrative Contact Contact Name: Mark. Buchanan Name: Elaine Langstaff Address: 900 Grand Ave Address: 900 Grand Ave City, State, Zip: Glenwood Springs, CO City, State, Zip: Glenwood Springs, CO 81601 80601 Telephone: 970 -945 -3222 Telephone: 970- 945 -3224 FAX: 970 -945 -3266 FAX: 970 - 945 -3211 Ernail: jmbuchanan(€0s.fed.us Email: elangstaff@fs.fed.us Page 3 of 6 1U�S! USDA, Forest Service OMB 0596.0217 FS- 1500 -9A 13. 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 (EO) 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, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. E. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or Eagle County from participating in similar activities with other public or private agencies, organizations, and individuals. F. ENDORSEMENT. Any of Eagle County's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of Eagle County's's products or activities. G. 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_ H. MODIFICATION. Modifications within the scope of this agreement must be 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 30 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. 1. 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. Page 4 of 6 �!�'.$ USDA, Forest Service OMB 0596 -0217 �T� FS- 1500 -9A J. COMMENCEMENT /EXPIRATION DATE. This agreement is executed as of the date of last signature and is effective through August 1, 2012 at which time it will expire unless extended. K. 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 agreements, if any, for the same roads. / e • • D H G - ''S 1 : , an ., rid- ge Date Department Eagle County, State of Colorado /(iiarr COTT FITZWILLIA J OREUPER VISOR Date .S. Forest Service, Wiver National Forest 1 / AID '` 1116 � r- :3 ) . JON :T AVNEY, --••■ Date Ch • ir, Ea :le County Board of County C • n i ioners Ea_ .- ounty, State of Colorado Job Code CMRD30 0230 - $50,000.00 The authority and format of this agreement have been reviewed and approved for signature. ELAINE LA IE ST F Dat U.S. Forest Service rants & Agreements Specialist 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. Page 5 of 6 B 0596 -0217 STS USDA, Forest Service OM 1500 - 9A 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, audiotape, 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 focal relay or the Federal relay at (800) 877 -8339 (TDD) or (866) 377 -8642 (relay voice). USDA Is an equal opportunity provider and employer. • Page 6 of 6 F. CO 1.- /... '0 (0 c) CO in In r. 0 II CO L) M 0 0 0 0 0 0 0 0 0 0 h h. CC) 0 0 0 aqac:aq < N- ‘0 ■0 0 00 -cf N 68 94 68 00 4-4 8 a a . 0 4' ,--4 — — 4 64 '0 4, 4 44 6 0 3 g I r, 6q VI . — - Lk , 44 44 ..-: 0 -77 C ,, , ..,Pk- ,t‘s(W ' 0 0 0 0 0 0 0 4 , 0 o o -,„ .mo -,..=t,k.,4% , c , c , cs , c , c , c , 0 .. .v....- 44. 0 Z S i t ,t,W,txv \'* ; cp 0 0 0 0 0 sq : C:t 0 • "0 C 4 0. 1 I0` ; \.4. 4 k‘ Ilf 69 64 ' 11' Wo j)4 IS ' ' tRI I ‘.;, , • • . il , 0 M 0 c-1 IC ;F: .6 tk":„4 'I` • , ,,,„ .e.., 13 I t4 1 .:‘, CD ........- 0 --- ‘-' 0 0 0 0 0 0 0 c ." 0 0 0) ,4‘1 0 0 0 0 c). c c0 .0. r, , ., i.., .1- :? 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Li- I. 0 1. t t -- -'' 4 .4 Go 21. z ..... ..............., Z , , D 0 0 0 t _ty 2 0 0 m k., 2 8 8 m iti , tes .4 CO a 0 - l moM 7i rt4 ... - 5 .... .0 -E 40 : LS 0 — E .9.) c 43 — > U) 4:1 . c 0 0. 4.- .E .a . a , a (0 > *5 . + 6' .2 2 .0 0 4 ...., .*,- T 0 o e c 7 z - ... 4 Z 0 C/) 0 (i) X W ti: a ito o) t- ui v) a.. 0 0 ti) 0 LL. 1- o - • U. c 6) CO E -5 < WORKSHEET FOR 1 FS Non -Cash Contribution Cost Analysis, Column (a) Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells, Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or deleted as needed. The Standard Calculation sections provide a standardized formula for determing a line item's cost, e.g. cost/day x # of days = total, where the total is calculated automatically. The Non - Standard Calculation sections provide a write -in area for line items that require a calculation formula that is other than the standardized formulas, e.g. instead of salaries being calculated by cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x $1 ,200 /contract= $1,200. Be sure to review your calculations when entering in a Non - Standard Calculation, and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures. Salaries /Labor I Standard Calculation Job Description j !Cost/Day 1# of Days 1 JTotal Project Management $220.00 4.00 $880.00 PG&A Program Administrator $220.00 1.00 $220.00 $0.00 $0.00 $0.00 'Non- Standard Calculation I 'Total Salaries /Labor J I $1,100.001 Travel I Standard Calculation Travel Expense JEmployees JCost/Trip j# of Trips j fTatal Project Inspection 1 $42.00 3.00 $126.00 $0.00 $0.00 $0.00 $0.00 Non- Standard Calculation I 'Total Travel 1 I $126.001 Equipment I Standard Calculation Piece of Equipment j# of Units 'Cost/Day j# of Days 1 [Total $0.00 $0.00 $0.00 $0.00 INon- Standard Calculation I 'Total Equipment 1 1 $0.00J Supplies /Materials Standard Calculation Supplies /Materials 1 1# of Items 1Cost/Itern (Total $0.00 $0.00 $0.00 $0.00 INon- Standard Calculation I 'Total Supplies /Materials j 1 $0.00j Printing 1 Standard Calculation Paper Material 1 1# of Units ICost/Unit 1 (Total $0.00 'Non- Standard Calculation I 'Total P rinting I 1 so.00j other Expenses I Standard Calculation Item 1 1# of Units ICost/Unit 1 'Total $0.00 $0.00 $0.00 $0.00 'Non- Standard Calculation I 'Total Other 1 I $0,001 Subtotal Direct Costs 1 $1,226.()() ' Forest Service Overhead Costs I ' Current Overhead Rate (Subtotal Direct Costs 1 1 1Total I 7.20% $1,226.00 $88.27 'Total FS Overhead Costs 1 1 $88.27j TOTAL COST $1,314.27 WORKSHEET FOR I FS Cash to the Cooperator Cost Analysis, Column (b) I Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells. Cost element sections may be deleted or lines may be hidden, if not applicable, Line items may be added or deleted as needed. The Standard Calculation sections provide a standardized formula for determing a line item's cost, e.g. cost/day x # of days= total, where the total is calculated automatically. The Non- Standard Calculation sections provide a write -in area for line items that require a calculation formula that is other than the standardized formules, e.g. instead of salaries being calculated by cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x $1,200 /contract= $1,200. Be sure to review your calculations when entering in a Non - Standard Calculation, and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures. Salaries/Labor I Standard Calculation Job Description J 1CostlDay J# of Days 1 1Total $0,04 $4.00 $0.00 $o.00 $o.00 jNon- Standard Calculation Total Salaries /Labor ] 1 $0,00 Travel 1 Standard Calculation Travel Expense (Employees JCostiTrip J# of Trips 1 (Total $0.00 $0.00 $0,00 $0.00 $0.00 INon- Standard Calculation Total Travel 1 ( $0.001 Equipment; ] Standard Calculation Piece of Equipment J# of Units JCost/Day J# of Days J (Total $0.00 $0.00 $0.00 $0.00 1Non- Standard Calculation 'Total Equipment I $0.001 Supplies /Materials J Standard Calculation Supplies /Materials J J# of items !Cost/Item )Total Magnesium Chloride Dust Suppressant Supply - Red Sandstone Rd, E & W Brush Cr Rd, not to exceed $50,000 1.00 $50,000.00 $50,000.00 $0.00 $0.00 $0.00 )Non- Standard Calculation Total Supplies /Materials) 1 $50,000.001 Printing 1 Standard Calculation Paper Material 1 J# of Units ICost/Unit 1 ITotal $0.00 'Non- Standard Calculation $0.00 (Total Printing 1 1 $0.001 Other Expenses Standard Calculation item 1 I# of Units ICost/Unit 1 +Total $0.00 $0.00 $0.00 )Non- Standard Calculation 1 jTotalOther 1 $0 Subtotal Direct Costs I $50,000.00 I Cooperator Indirect Costs I 'Current Overhead Rate )Subtotal Direct Costs J 1 'Total 1 $50,000.00 $0.00 'Total Coop. Indirect Costs 1 1 $0.001 TOTAL. COST $50,000.00 WORKSHEET FOR Cooperator Non-Cash Contribution Cost Analysis, Column (c) Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells. Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or deleted as needed. The Standard Calculation sections provide a standardized formula for determing a line item's cost, e.g. cost/day x # of days = total, where the total is calculated automatically. The Non- Standard Calculation sections provide a write -in area for line items that require a calculation formula that is other than the standardized formules, e.g. instead of salaries being calculated by cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x $1,200 /contract= $1,200. Be sure to review your calculations when entering in a Non- Standard Calculation, and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures. Salaries /Labor Standard Calculation Job Description ( (Cost/Day (# of Days 1 (Total Truck operator (2) $2,976.00 4.00 $11,904.00 grader operator $1,640.00 8.00 $13,120.00 laborer $1,160.00 7.00 $8,120.00 $0.00 $0.00 [Non - Standard Calculation 'Total Salaries /Labor 1 l $33,144.00 Travel I Standard Calculation Travel Expense (Employees (Cost/Trip (# of Trips 1 (Total $0,00 $0.00 $0.00 $0.00 $0.00 I Non- Standard Calculation Total Travel $0.001 Equipment I Standard Calculation Piece of Equipment (# of Units (Cost/Day (# of Days 1 'Total Dump truck w/ water tank 1.00 $576.00 4.00 $2,304.00 grader 1.00 $664.00 8.00 $5,312.00 pickup 2.00 $560.00 8.00 $8,960.00 Truck f/ dust suppr applic. 1.00 $900.00 4.00 $3,600.00 $0.00 (Non - Standard Calculation Total Equi + meni $20,176.00 Supplies/Materials I Standard Calculation Supplies /Materials 1 I# of Items 'Cost/Item ]Total $0.00 $0.00 $0.00 $0.00 ( Non- Standard Calculation • 1 (Total Supplies /Materials I 1 $0.001 Printing ; 1 Standard Calculation Paper Material (# of Units 1CostlUnit 1 'Total $0.00 INan- Standard Calculation 1 $0.00 Total Printing 1 1 $0.021 Other Expenses 1 Standard Calculation Item 1 [# of Units ICost/Unit [ (Total $0.00 $0.00 $0.00 $0:00 'Nan - Standard Calculation 1 'Total Other 1 1 $0.001 Subtotal Direct Cot I $53,320`.00 Cooperator indirect Costs 'Current Overhead Rate Subtotal Direct Costs I ] 'Total 1 $53,320.00 $0.00 'Total Coop. Indirect Costs 1 [ $0,001 TOTAL COST $53,320.00