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HomeMy WebLinkAboutC13-211 Road Project Agreement Muddy PassisUSDA, Forest Service 3 459(x0217 Fs- 1500 -4A FS Agreement No. 12 -RO- 11021500 -017 Modification #1 Cooperator Agreement No. ROAD PROJECT AGREEMENT Between, The EAGLE COUNTY, 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, Colorado, hereinafter referred to as "the 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 #12 -RO" 11021500 -017 executed between the parties on July 23, 2012. Project Title: 2013 Muddy Pass NFSR 700 Gravel h BACKGROUND: The parties entered into a Forest Road Cooperative Agreement (Coop Agreement) on July 23, 2012. This Coop Agreement allows for the parties to cooperate in the planning, survey, design, cons' truction, reconstruction, improvement and maintenance of certain forest roads. The Schdule A, which is attached to the Coop Agreement, identifies the maintenance responsibilities of the patties 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'ofthe Schedule A does not readily lend itself to ,rapid response times, adjusting to limited funding opportunities anal 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 of 6 P USIA, Forest Service OMB 0596-021 kw4i FS-1500-9A II. PURPOSE: The purpose of this Project Agreement (agreement) is to document the parties' cooperation in the resurfacing of various locations along Muddy Pass Road (NFSR 700)i The work is as described in the hereby incorporated Financial and Operating plan, attached as Exhibit A. III, THE COOPERATOR SHALL: A. Perform in accordance with the Financial and Operating Plan, Exhibit A. B. Bill the U.S. Forest Service for actual costs incurred, not to exceed $43,104. IV. THE U.S. FOREST SERVICE SHALL: A. Perform in accordance with the Financial and Operating Plan, Exhibit A. B. PAYMENT/REIDABURSEMENT. The U.S. Forest Service shall reimburse cooperator for the U.S.. Forest Service's share of actual expenses incurred, not to exceed $43,104, as shown in the Financial Plan. The U.S. Forest Service shall make payment upon receipt of cooperator's annual invoice. Each invoice from cooperator must display the total project costs for the billing period. Each invoice trust 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 101B Sun Ave NE Albuquerque, NM 87109 FAX: 877 - 6874894 Send a copy to: White River National Forest ATTN: Mark Buchanan 120 Midland Ave. Suite 140 Glenwood Springs, CO 81601 V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: Page 2 of 6 USDA, Forest Service OMB 0596-0217 FS- 1540 -9A A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for related to this agreement. Principal Cooperator Contacts: Cooperator Program Contact Name: Gordon Adams Address: PO Box 250 City, State, Zip: Eagle, CO 81631 Telephone: 970- 328 -3540 FAX: 970- 328 =3546 Email: Gordoit.Adams(@EaaleCouniyus -Cooperator Administrative Contact Name: Nicole Trajillo Address: PO Box 250 City, State, Zip: Eagle, CO 81631 Telephone: 970--328-3540 FAX: 970 7328 -3546 Email: Nicole.Truiillo(cr7Ea leCount us Principal U.S. Forest Service Contacts: U.S. Forest Service Program U.S. Administrative Name. Mark Buchanan Name: Elaine Langstaff Address: 120 Midland Ave, Ste. 140 Address: 0094 Co Rd 244 City, State, Zip: Glenwood Springs CO $1601 City,, State, Zip: Rifle, CO 81650 Telephone: 970- 945 -3222 Telephone: 970- 625 -6842 FAX: 970- 945 -3288 FAX: 970 -625 -2532 Email: 'tnbucllaiian fs.fed.us Email: elan staff fs.fecl.us B. ASSURANCE RF.tTART)TN[`t tPT MTV !''n'KAl7nTrnXT nn m e.v ,Nrsr S t A ruS FOR CORPORATE ENTITIES, This agreement is subject to the provisions contained is the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, P.L. No. 112 -74, Division E, Section 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by entering into this agreement the Cooperator acknowledges that it: 1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the agreement, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment is not. necessary to protect the interests of the Government. If the Cooperator fails to comply with these provisions, the U.S. Forest Service will annul this agreement and may recover any funds the Cooperator has expended in violation of sections 433 and 434. C. In the event of a conflict between this Project Agreement and the Coop Agreement, the latter shall take precedence. D. 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). Page 3 of 6 05 USDA, Forest Service OMB 0596 -0217 Fs- 1500 -9A E. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order ,(EO) 13 51 3, "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; orb} using any electronic equipment supplied by the Government when driving any vehicle at anytime. 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, PO_ Vs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. F. FUNDING EQUIPMENT Federal funding under this agreement is not available for reimbursement of the Cooperator's purchase of equipment. G. PARTICIPATION IN SIMILAR ACTIVITIES.. This agreement in no way restricts the U.S. Forest Service or the Cooperator from participating in similar activities with other public or private agencies; organizations, and individuals. H. ENDORSEMENT. Any of the Cooperator's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the Cooperator's products or activities. I. 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. J. 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 fluid any changes not properly approved in advance. K. 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. L. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of last signature and is effective through November 30, 2014 at which time it will expire unless extended. Page 4 of 6 USDA,Forest Service OMB 0596-0217 FS-1500-9A M. 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. rt I ! . s , 3 GO' ADAMS,ROAD AND BRIDGE ate DIRE4. r.R Eagle County, Colorado // I S COTT G. FITZWILL •� S,FOREST Date UPERVISOR U.S. Forest Service, - 'iver National Forest 7. 5e,. 4.3 SARA FISHER, Date CHAIR, COUNTY COMMISSION Eagle County, Colorado l G---- t JILL] AN, Date Ce,d TY COMMISSIONER Eagle County, Colorado s di&dg 7730-dv/3 KATHY ANDLER-HENRY, Date COUNTY COMMISSIONER Eagle County, Colorado The authority and format of this agreement have been reviewed and approved for signature. Page 5 of 6 USDA, Forest Service OMB 05960217 FS- 1500 -9A r ELAINE F ate U.S. Forest Service rant anagement 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 colteogon of information unless it displays a valid OMB control number The valid OMB control number W this Information collection is 0596-02.17. The time required m complete this Information eollection is estimated to average 4 flours per response, including the time for reviewing fnsfructioris, searching emristing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of infomm6on. The U.S. Department of Agriculture (USDA) prohibits disci mfnalich in all its programs and activities on the basis of race, color, national origin, age;'disabMy, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic informal on, political beliefs; reprisal, or because alt or part of an individual's income is derived from any public ess' tance. (Not all prohibmfed bases apply to all programs.) Persons with disabrTities who require alternative means for communication of program Information (Braille, large print, audfotape, etc.) should contact USDA's TARGET Centerat 202 -720 -2600 (voice and MD). To file a complaint of discrimfnafion, write USDA, Director, Office of Civil Rlghts,1400 tndependenoe 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 (660) 677.8339 (TDD} or (866) 3778642 (relay voice). USDA is an equal opportunity provider. and employer. Page 6 of 6 LO 2. U. 0 r 0 z z z 0 0 E E a) 0) 0) ID I 0) Cl) LL U) 0 0 0 0 0 LL 0 LL 4) r CL th U) c r ) LL E 0 K2/2 = C ■ 0 0 E c 0 0 0 co =0 C6 6 co 0 \ /��. co -Z� 0 0— 0 LL + + Fu 'D lu 0+, 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 tines 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 aline 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 costtday 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. '"I month contract,' on a line below the figures. Langstaff $341;30 0.50 $170.65 $0.00 Total Salaries /Labor $1,396.66 $0.00 $0.00 Non- Standar °d Calculation Total Equipment $194.04 $0.00 $0.00 $0.00 Non- Standatd Calculation TWO SUO ies/MAterlals� $79,408.321 o esfServ3ce Overhead.Co is 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. costlday x # of days = total, where the total is calculated automatically. The Non= Standard Calculation sections provide awrite -in area for fine items that require a calculation formula that is other than the standardized forrhules, 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= $1,2,00. 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. Total. Sala-riles/Labor $9,240.00 Standard Calculation Piece of E ui" merit # of Units CostlHour I# of Hours Tout Grader 1.00 $64.45 80.00 $5,156.00 Backhoe Loader - 1,00 $49.84 80.00 $3,987;20 Vibratory Roller 1.00 $64.45 80.00 $5,156.00 4" Water Pump 1.00 $15.54 80.00 $1,243.20 Tandem Dump Truck 1.00 $75.11 160.00 $12,017.60 Water Truck 1.00 $76.28 80.00 $6,102.40 Pickup Truck (by miles) 1.00 $0.42 480.00 $201.60 $0.00 Total Equipment $33,864,00 Coo eta= o f nciicecCost ` 104.00 Total Coop. Indirect C6sts -0.00 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=tctal, 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. Total Salaries /Labor $0.00 Total Travi SO,Ot? .°. -- - -_ -- ,.w .? i a.ua Ou.uu $1,524.00 Vibratory Roller 1.00 $22.39 80.o0 $1,781,20 4' Water Pump 1.00 -$1.56 80.00 - $124.80 Tandem Dump Truck 1.00 $13.90 160.00 $2,224,00 Water Truck 1.00 - $9.48 80:00 tom._ —9- -9— - $758.40 Oa.L..:. T.. ...t: jNon= Standard Calculation Total Equipment -1 $10,885.60 Total Printin $0.00 Exhibit B All mileposts (MP) taken from the intersection of Muddy Pass Road and Colorado Hwy 1' 31 (MP 0.0). Begin MP End MP instructions Length of placement (ft) 0.40 0.4 +200' Spot Surface 200 0.60 0.6 +250' Spot Surface 250 0.80 0.90 Spot Surface 528 0 -05 1.05 Spot Surface to top of crest 528 1.20 1.2 +100' Spot Surface 100 1:20* 48" CMP 1.45 1.45 +300' Spot Surface 300 1.65* Muddy Creek 1.75 1.75 +1501 Spot Surface 150 1.9$* Double CMP 241736" 2:25 2.48 Spot Surface 1214 2.26* 18" CMP 2.47* 18" CMP 2.52 2.80 Spot Surface 1478 3.00 3.06 Spot Surface 317 3.41 3.41 +75' Spot Surface 75 4.29* Forest Boundary 4.41 4.41 +75' Spot Surface 75 4.81 4.81 +75' Spot Surface 75 5,35 5.4 Spot Surface to switchback 264 5.86 5,86 +100' Spot Surface 100 5.95 5.95 +160' Spot Surface 100 6.07 6.07 +150' Spot Surface' 150 6.15 6.15 +50' Spot Surface 50 6.20 6.20 +50' Spot Surface, 50 6 >59* Piney Guard Station Rd. Int. 6.87* USFS Gate 6.87 6.87 +75' Spot Surface /Repair rill 75 Total Length of Placement (ft) 6079 Approx. cyd required @ 20' wide by 6" deep 2251 cyd Approx. weight @ 1.5 ton /cyd 3377 tons Remaining 223 tons to be placed along road at USFS discretion. White River Engineering Staff will stake locations noted above prior to stone placement. * Locations donated as reference points only. Exhibit C The cooperator shall haul and place approximately 3600 tons of surface material from the USFS stockpile found at MP 6:59 on NFSR 700, Muddy Pass Road. This aggregate shall be placed at the locations shown below the entire width of the traveled surface for a depth of 6" while conforming to the following specifications. TRAFFIC CONTROL This work consists of controlling and protecting public traffic adjacent to and within the project. Perform work in a manner that ensures the safety and convenience of the public and protects improvements and facilities adjacent to the site. Accommodate public traffic on roads adjacent to and within the project until the project is accepted by the USFS. A. Maintaining roadways during work. a. Maintain a dust-free traveled way such that visibility and air quality are not affected. This work shall be considered incidental to the project. b. Maintain the roadways in a safe and acceptable condition, during work and during periods when work is not in progress. B. Limitations on Construction Operations: a, Operate equipment in the direction of Traffic, where applicable. b. Any staging areas shall be as designated by the USFS Roads Manager. C. Accommodating Traffic During Work. Traffic control plan shall conform to the 2009 edition of the MUTCD. Full closures are not allowed, coordination with the White River NF Roads Manager will be required. D. Temporary Traffic Control. This work consists of furnishing, maintaining, relocating and moving temporary traffic control devices for the control and protection of traffic through the project. a. All traffic control devices shall conform to the 2009 edition of the MUTCD. b. All devices and signs shall be type lll, ViI, VIII retroreflecting sheeting c. Flaggers, if required, shall be, certified by ATTSA, NSC, a state agency, or other acceptable organization. Use type. Ili, VII or Vlll retrorefiective sheeting on flagger panels. Do not use flags. E. Traffic and Safety Supervisor. Provide a traffic and safety supervisor who is certified by a state highway agency or other acceptable certification program. Furnish the supervisor's name, address, 24- hour telephone number prior to the start of the work. At all times, during the task order, including periods of suspension and shutdown, perform all of the following: a. Implement traffic control plan. b. Ensure the condition and placement of traffic control devices in use. c. immediately correct deficiencies: NOXIOUS WEEDS For work on National Forest System lands, use a washing system that traps all wash water and either stares it for removal from National Forest System lands or recycles the water for continued use. if the equipment recycles the Water, provide adequate filters for seed removal. Dispose of the filter material and removed seeds in an approved manner. Do not mix soaps, detergents, or other chemicals with the wash water: Washing. Wash the sides, tips, and undercarriages of all construction equipment. Remove all seeds, plant, plant fragments, dirt, and debris from the construction equipment. Inspection. Inspect the washed construction equipment, including the undercarriage, to ensure that the washing removed the dirt, debris, and seeds from the construction equipment. Rewash the construction equipmentas necessary or as directed, AGGREGATE PLACEMENT Mixing and Spreading. Mix the aggregate and adjust the moisture content to obtain a uniform mixture with a moisture content suitable for the specified compaction method; Spread and shape the mixture on the prepared surface in a uniform layer with no segregation of size, and to a loose depth that will provide the required compacted thickness. Do not place in layers exceeding 0 inches in compacted thickness for aggregate base and surface courses or twice the maximum particle size for screened aggregate. When more than one layer is necessary, compact each layer according to Subsection 322.05 before placing the next layer. Route hauling and leveling equipment uniformly over the full width. Compacting. Compact each layer full width. Roll from the sides to the center, parallel to the centerline of the road. Along curbs, headers, walls, and all places not accessible to the roller, compact the material with approved tampers or compactors. Compact the aggregate using one of the following methods as specified: Compaction C. Moisten or dry the aggregate to a uniform moisture content between 5 and 7 percent based on total dry weight of the mixture. Operate rollers and compact as specified in Subsection 204.11(a )(9 ). For all compaction methods, blade the surface of each layer during the compaction operations to remove irregularities and produce a smooth, even surface. When a density requirement is specified, determine the in place density and moisture content according to AASHTO T 310 or other approved test procedures.