HomeMy WebLinkAboutC20-179 USDA Forest Service USDA Forest Service OMB 0596-0217 FS-1500-19 MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES 1 11 1.U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER: 17-RO-11021500-044 2. RECIPIENT/COOPERATOR GRANT or AGREEMENT NUMBER, IF ANY: 3. MODIFICATION NUMBER: 3 4.NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip + 4): White River National Forest Program Contact: Erica Borum 900 Grand Ave. Glenwood Springs, CO 81601 Telephone: 970-945-3277 FAX: 970-945-3266 Email: erica.borum@usda.gov 5.NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4): White River National Forest Admin. Contact: Clark M. Woolley 900 Grand Ave. Glenwood Springs, CO 81601 Telephone : 970-945-9803 Email: clark.woolley@usda.gov 6.NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip + 4, county): Eagle County Program Contact: John Harris P.O. Box 250 Eagle, CO 81631 Telephone: 970-328-3540 FAX: 970-328-3546 Email: john.harris@eaglecounty.us 7. RECIPIENT/COOPERATOR’S HHS SUB ACCOUNT NUMBER (For HHS payment use only): Eagle County Admin. Contact: Nicole Trujillo PO Box 250 Eagle, CO 81631 Telephone: 970-328-3540 FAX: 970-328-3546 Email: nicole.trujillo@eaglecounty.us 8.PURPOSE OF MODIFICATION CHECK ALL THAT APPLY: This modification is issued pursuant to the modification provision in the grant/agreement referenced in item no. 1, above. CHANGE IN PERFORMANCE PERIOD: The Cooperative Forest Road Agreement, FS Agreement No. 17-RO- 11021500-044, expires on 7/24/2022. CHANGE IN FUNDING: Obligates additional U.S. Forest Service funding in the amount of $20,000.00 for projects within the scope of the agreement. ADMINISTRATIVE CHANGES: Updates U.S. Forest Service email addresses. OTHER (Specify type of modification): Mandatory provisions remain the same. Incorporates Road Project Agreement, Operating Plan, Financial plan, and attachments. Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect. 9.ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed): Modification incorporates Road Project Agreement No. 3 and increases U.S. Forest Service funding in the amount of $20,000.00 10. ATTACHED DOCUMENTATION (Check all that apply): Scope of Work – Project Road Agreement No. 3 and Operating Plan (Exhibit A) Financial Plan – Project Road Agreement No. 3 (Exhibit C), Figure 1. Other: Project Details (Exhibit B) DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 C20-179 USDA Forest Service OMB 0596-0217 FS-1500-19 11. SIGNATURES AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE-REFERENCED GRANT/AGREEMENT. 11.A. EAGLE COUNTY SIGNATURE 11.B. DATE SIGNED 11.C. U.S. FOREST SERVICE SIGNATURE 11.D. DATE SIGNED (Signature of Signatory Official) (Signature of Signatory Official) 11.E. NAME (type or print): JOHN HARRIS 11.F. NAME (type or print): ): SCOTT G. FITZWILLIAMS 11.G. TITLE (type or print): Road and Bridge Division Manager Eagle County, State of Colorado 11.H. TITLE (type or print): Forest Supervisor, White River National Forest 11.I. EAGLE COUNTY SIGNATURE 11.J. DATE SIGNED (Signature of Signatory Official) 11.K. NAME (type or print): KATHY CHANDLER-HENRY 11.L. TITLE (type or print): County Commissioner Chair, Eagle County, State of Colorado ATTEST: Clerk to the Board of County Commissioners Eagle County, State of Colorado Date 12. G&A REVIEW 12.A. The authority and format of this modification have been reviewed and approved for signature by: ______________________________________ CLARK M. WOOLLEY U.S. Forest Service, Grants & Agreements Specialist 12.B. DATE SIGNED 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 30 minutes 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, 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 local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 4/21/2020 5/5/2020 5/5/2020 5/6/2020 5/6/2020 USDA Forest Service OMB 0596-0217 FS-1500-19 DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 USDA Forest Service OMB 0596-0217 FS-1500-19 ROAD PROJECT AGREEMENT No. 3 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 “the County or 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 # 17- RO-11021500-044 executed between the parties on July 24, 2017. Project Title: MAGNESIUM CHLORIDE HAUL AND PLACEMENT I. BACKGROUND: The parties entered into a Forest Road Cooperative Agreement (Coop Agreement) on July 15, 2017. 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. DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 USDA Forest Service OMB 0596-0217 FS-1500-19 II. PURPOSE: The purpose of this Project Agreement (agreement) is to document the parties’ cooperation in the ROAD PROJECT AGREEMENT No. 3 titled MAGNESIUM CHLORIDE HAUL AND PLACEMENT which focuses work on HAUL AND PLACEMENT OF MAGNESIUM CHLORIDE on NFR 700.1 (RED SANDSTONE-MUDDY PASS) and NFR 600.1 (COFFEE POT). The work is as described in the hereby incorporated Operating Plan (Exhibit A), Project Details (Exhibit B) and (Financial Plan; Exhibit C), as attached. III. THE COOPERATOR SHALL: A. Perform in accordance with the Operating Plan (Exhibit A), Project Details (Exhibit B), and (Financial Plan; Exhibit C), as attached IV. THE U.S. FOREST SERVICE SHALL: A. Perform in accordance with the Operating Plan (Exhibit A), Project Details (Exhibit B), and (Financial Plan; Exhibit C), as attached. B. PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse Eagle County for the U.S. Forest Service’s share of actual expenses incurred, not to exceed $20,000.00, as shown in the Financial Plan. The U.S. Forest Service shall make payment upon receipt of Eagle County’s quarterly 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. 2. U.S. Forest Service agreement number. 3. Invoice date. 4. Performance dates of the work completed (start to end). 5. Total invoice amount for the billing period. The invoice must be forwarded to: EMAIL: SM.FS.asc_ga@usda.gov FAX: 877-687-4894 POSTAL: U.S. Forest Service Albuquerque Service Center Payments – Grants and Agreements 101B Sun Ave. NE Albuquerque, NM 87109 FAX: 1-877-687-4894 Send a copy to: Erica Borum at erica.borum@usda.gov DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 USDA Forest Service OMB 0596-0217 FS-1500-19 V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: A. In the event of a conflict between this Project Agreement and the Coop Agreement, the latter shall take precedence. B. FUNDING EQUIPMENT. Federal funding under this agreement is not available for reimbursement of Cooperator’s purchase of equipment. C. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). The Cooperator shall maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site (currently at https://www.sam.gov). D. PROJECT TIMELINE: This Road Project Agreement is executed as the date of last signature and is effective through the life of the signed Cooperative Forest Road Agreement. E. FINANCIAL PLAN: Attached is the Financial Plan for Modification No. 3 for activities within the scope of the Agreement. Funding incorporated via modification may be carried forward to the next fiscal year and will be available to spend through the term of this Agreement. F. ATTACHMENTS: • Operating Plan (Exhibit A); • Project Details (Exhibit B); • Financial Plan (Exhibit C), Figure 1. G. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS. All non- Federal government entities working on this agreement will adhere to the below provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 114-113, relating to reporting fraud, waste and abuse to authorities: a. The Cooperator may not require its employees, contractors, or sub recipients eking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 USDA Forest Service OMB 0596-0217 FS-1500-19 b. The Cooperator must notify its employees, contractors, or sub recipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this agreement provision are no longer in effect. c. The prohibition in paragraph (a) of this agreement provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. d. If the Government determines that the Cooperator is not in compliance with this agreement provision, it: i. Will prohibit the Cooperator’s use of funds under this agreement, in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and ii. May pursue other remedies available for the Cooperator's material failure to comply with agreement terms and conditions. DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 USDA Forest Service OMB 0596-0217 FS-1500-19 ROAD PROJECT AGREEMENT No. 3 OPERATING PLAN (#2020-1) MAGNESIUM CHLORIDE HAUL AND PLACEMENT EXHIBIT A I. GENERAL PROJECT DESCRIPTION: The U.S. Forest Service and Eagle County have determined that there is a need to haul and place magnesium chloride on NFR (National Forest Road) 700.1 (Red Sandstone-Muddy Pass), and NFR 600.1 (Coffee Pot). This material is needed in order to maintain and protect the running surfaces on both roads. Magnesium chloride haul and placement on NFR 700.1, and 600.1 includes, but is not limited to the following activities: • Hauling magnesium chloride to the work area locations on NFR 700.1; between MP 0.00 and 6.40 (not to exceed 3.5 miles total), and on NFR 600.1; between MP 0.00 and 6.48 (not to exceed1.5 miles total). • Preparing the existing roadbed for magnesium chloride placement. • Spreading, shaping and compacting the aggregate road base material. • Eagle County Road and Bridge Representative(s), and U.S. Forest Service Representatives Erica Borum, and Bret Conant will conduct a pre-work site visit prior to commencement of the project. • See Exhibit B for detailed work specifications, locations, descriptions, and quantities. II. PROJECT LOCATION A. NFR 700.1; between MP 0.00 and 6.40 (not to exceed 3.5 miles total), and on NFR 600.1; between MP 0.00 and 6.48 (not to exceed 1.5 miles total) III. PROJECT SPECIFICS A. THE U.S. FOREST SERVICE SHALL: • Mark the work locations on the ground prior to commencement of project work. • Provide on-site inspections at the discretion of the project manager and perform a final inspection. • Provide a technical and administrative contact for the project (see Contact Info below III. D.). B. THE COOPERATOR (EAGLE COUNTY) SHALL: • Perform all agreed upon magnesium chloride haul and placement on NFR 700.1, and 600.1. • Provide all necessary labor and equipment to perform the work outlined in Exhibit B. • Perform work in a manner that preserves and protects roads and appurtenances, constructed features, and other forest resources. • Be responsible for providing and implementing all necessary measures to control erosion and prevent sedimentation into stream channels. • Be responsible for ensuring the safety of workers and the public, including traffic control. • Be responsible for ensuring all personnel on site follow all applicable Federal, State and local safety, fire and environmental regulations. • Notify U.S. Forest Service project manager upon completion of field work. Following this, Cooperator (or a representative) shall be available to participate in a final inspection by USFS White River engineering staff. Cooperator is responsible for complying with deficiencies noted in final inspection. DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 USDA Forest Service OMB 0596-0217 FS-1500-19 • Provide a load tickets to the project manager for tracking quantity of aggregate hauled from commercial source(s). C. TERM OF ANNUAL OPERATING PLAN: The project road agreement is executed as the date of last signature and is effective through the life of the signed cooperative agreement. This operating plan may be modified by mutual agreement at any time under the effective life of the signed cooperative agreement. D. PRINCIPAL CONTACTS: The principal contacts for this instrument are: U.S. Forest Service Project Manager Cooperator Project Contact Erica Borum John Harris 900 Grand Ave. P.O. Box 250 Glenwood Springs, CO 81601 Eagle, CO 81631 Telephone: (970) 945-3277 Telephone: (970) 328-3540 FAX: (970) 945-3266 FAX: (970) 328-3546 Email: Erica.borum@usda.gov Email: john.harris@eaglecounty.us U.S. Forest Service Technical Contact Bret Conant 900 Grand Ave. Glenwood Springs, CO 81601 Telephone: (970) 945-3288 FAX: (970) 945-3266 Email: bret.conant@usda.gov E. FINANCIAL PLAN: Attached is the Financial Plan identified as Exhibit C for Agreement No.17-RO- 11021500-044 and this Operating Plan (#2020-1) for the project work shown above. DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 USDA Forest Service OMB 0596-0217 FS-1500-19 EXHIBIT B PROJECT DETAILS Title Pages 1. Estimate of Quantities 1 2. Project Work Listing 1 NOTES: 1. When requested by either party, and agreed upon by both parties, work locations on NFR 700.1 and NFR 600.1 shall be modified. DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 USDA Forest Service OMB 0596-0217 FS-1500-19 MAGNESIUM CHLORIDE HAUL AND PLACEMENT ESTIMATE OF QUANTITIES Pay Item Description Pay Unit Units Notes Road Number: 600.1 700.1 Project Length (miles): 1.50 3.50 BASE ITEM 1: Haul and place magnesium chloride on NFR 600.1 and 700.1 1000 Haul and place magnesium chloride Gallon 10500 24500 magnesium chloride application MAGNESIUM CHLORIDE HAUL AND PLACEMENT Project Work Listing; BASE ITEM 1 Road 600.1 - Coffeepot Termini MP 1.70 - 6.97 Length 5.27 miles, magnesium chloride application not to exceed 1.5 miles Station or Mile Post Description Pay Item Notes 1.70 - 6.97 Haul and place magnesium chloride at designated locations between 1.70 and 6.97. 1000 magnesium chloride application not to exceed 1.5 miles Road 700.1 - Red Sandstone-Muddy Pass Termini MP 0.00 - 6.39 Length 6.39 miles, magnesium chloride application not to exceed 3.5 miles Station or Mile Post Description Pay Item Notes 0.00 - 6.39 Haul and place magnesium chloride at designated locations between 0.00 and 6.39 1000 magnesium chloride application not to exceed 3.5 miles DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191 USDA Forest Service OMB 0596-0217 FS-1500-19 EXHIBIT C FINANCIAL PLAN Attachment:EXHIBIT C USFS Agreement No.:Mod. No.:3 Cooperator Agreement No.: Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s). (a) (b)(c)(d) Cash COST ELEMENTS Noncash to Noncash In-Kind Direct Costs Cooperator Salaries/Labor $1,536.34 $0.00 $0.00 $0.00 $1,536.34 Travel $320.00 $0.00 $0.00 $0.00 $320.00 Equipment $0.00 $0.00 $12,360.00 $0.00 $12,360.00 Supplies/Materials $0.00 $0.00 $0.00 $0.00 $0.00 Printing $0.00 $0.00 $0.00 $0.00 $0.00 Fuel Surcharge $0.00 $50.00 $0.00 $0.00 $50.00 NFR 700.1, and 600.1 $0.00 $19,950.00 $0.00 $0.00 $19,950.00 Subtotal $1,856.34 $20,000.00 $12,360.00 $0.00 $34,216.34 Coop Indirect Costs $0.00 $0.00 $0.00 FS Overhead Costs $185.63 $185.63 Total $2,041.97 $20,000.00 $12,360.00 $0.00 $34,401.97 (a+b) ÷ (e) = (f) Total Cooperator Share (c+d) ÷ (e) = (g) Total (f+g) = (h) 100.00% (h) (g) Matching Costs Determination Total Forest Service Share =(f) 64.07% Total Project Value: (e) Total 35.93% Agreements Financial Plan (Short Form) 17-RO-11021500-044 Note: This Financial Plan may be used when: (1) No program income is expected and (2) The Cooperator is not giving cash to the FS and (3) There is no other Federal funding FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS Pay Item Description Pay Unit Units Notes Road Number:600.1 700.1 Project Length (miles):1.50 3.50 1000 Haul and place magnesium chloride Gallon 10500 24500 $0.57 $19,950.00 magnesium chloride application $50.00 Fuel Surcharge $20,000.00TOTAL MAGNESIUM CHLORIDE HAUL AND PLACEMENT BUDGET SUMMARY OF CASH TO COOPERATOR BASE ITEM 1: Haul and place magnesium chloride on NFR 600.1 and 700.1 Cost/ Unit Total Cost (Cash to Cooperator) DocuSign Envelope ID: 561D0EF1-BE28-4EF3-B9D6-6967FCF81191