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HomeMy WebLinkAboutC20-325 USDA Forest Service Dust AbatementUSDA, Forest Service OMB 0596-0217 FS-1500-9A Page 1 of 6 (Rev. 11-13) FS Agreement No. 20-RO-11021500-018 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 by and through the Board of County Commissioners, 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: Schedule A Roads - Dust Abatement Projects I.BACKGROUND: The parties entered into a Forest Road Cooperative Agreement (Coop Agreement) on July 24, 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. DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D C20-325 USDA, Forest Service OMB 0596-0217 FS-1500-9A Page 2 of 6 (Rev. 11-13) • Work must be completed in accordance with agreed upon standards. II. PURPOSE: The purpose of this Project Agreement (agreement) is to document the parties’ cooperation in the Homestake Road (NFSR 703) Dust Abatement Project. The work is as described in the hereby incorporated Operating and Financial Plans. III. THE COOPERATOR SHALL: A. Perform in accordance with the Operating and Financial Plans. B. Bill the U.S. Forest Service for actual costs incurred, not to exceed $42,400.00. IV. THE U.S. FOREST SERVICE SHALL: A. Perform in accordance with the Operating and Financial Plans. B. 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 $42,400.00, 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 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: SM.FS.asc_ga@usda.gov U.S. Forest Service Albuquerque Service Center Payments – Grants & Agreements 101B Sun Ave NE Albuquerque, NM 87109 Email: SM.FS.asc_ga@usda.gov FAX: 877-687-4894 Send a copy to: Erica Borum at erica.borum@usda.gov DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D USDA, Forest Service OMB 0596-0217 FS-1500-9A Page 3 of 6 (Rev. 11-13) 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 John Harris P.O. Box 250 Eagle, CO 81631 Telephone: (970) 328-3542 Email: john.harris@eaglecounty.us Nicole Trujillo P.O. Box 250 Eagle, CO 81631 Telephone: (970) 328-3540 Email: nicole.trujillo@eaglecounty.us Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Erica Borum 900 Grand Avenue Glenwood Springs, CO 81601 Telephone: (970) 945-3277 Email: erica.borum@usda.gov Clark Woolley 900 Grand Avenue Glenwood Springs, CO 81601 Telephone: (970) 948-9803 Email: clark.woolley@usda.gov B. In the event of a conflict between this Project Agreement and the Coop Agreement, the latter shall take precedence. C. FREEDOM OF INFORMATION ACT (FOIA). Public access to award or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 USC 552). Requests for research data are subject to 2 CFR 215.36. D. Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2008 Farm Bill). E. 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 Cooperatives, 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 DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D USDA, Forest Service OMB 0596-0217 FS-1500-9A Page 4 of 6 (Rev. 11-13) 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 County’s purchase of equipment. Equipment is defined as having a fair market value of $5,000 or more per unit and a useful life of over 1 year. G. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or the County from participating in similar activities with other public or private agencies, organizations, and individuals. H. ENDORSEMENT. Any of the County’s contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the County’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. 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 recipient may not require its employees, contractors, or subrecipients seeking 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. (b) The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are no longer in effect. (c) The prohibition in paragraph (a) of this award 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 recipient is not in compliance with this award provision, it: DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D USDA, Forest Service OMB 0596-0217 FS-1500-9A Page 5 of 6 (Rev. 11-13) (1) Will prohibit the recipient's use of funds under this award, 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 (2) May pursue other remedies available for the recipient's material failure to comply with award terms and conditions. K. 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. L. 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. (Excess funds must be refunded within 60 days after the effective date, OR Excess funds must be refunded in accordance with the REFUND provision of the agreement). M. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of last signature and is effective through October 1, 2021 at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement. N. 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. JOHN HARRIS, ROAD AND BRIDGE DIRECTOR Eagle County, State of Colorado Date DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D 9/1/2020 USDA, Forest Service OMB 0596-0217 FS-1500-9A Page 6 of 6 (Rev. 11-13) SCOTT G. FITZWILLIAMS, FOREST SUPERVISOR U.S. Forest Service, White River National Forest Date KATHY CHANDLER-HENRY, COUNTY COMMISSION CHAIR Eagle County, State of Colorado ATTEST: ______________________________________________________ Clerk of the Board of County Commissioners Date County of Eagle, State of Colorado, a Body Politic and Corporate Through its Authorized Agents and Representative Date The authority and format of this agreement have been reviewed and approved for signature. CLARK M. WOOLLEY U.S. Forest Service, Grants Management Specialist Date 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. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D 9/1/2020 9/1/2020 9/2/2020 9/2/2020 FS Agreement No. 20-RO-11021500-018 Cooperator Agreement No. 8/10/20 Page 1 of 3 OPERATING PLAN (#2020-1) SCHEDULE A ROADS - DUST ABATEMENT PROJECTS I. GENERAL PROJECT DESCRIPTION: The U.S. Forest Service and Eagle County have determined that there is a need to prepare the roadbed and place dust abatement materials (Magnesium Chloride) on high-use Schedule A Roads and may include, but not limited to, the following road segment: • Homestake Road (NFSR 703) between MP 0.0 (US Hwy 24) and MP 7.8 (Intersection of NFSR 704) Prior to commencement of the project coordination will occur between John Harris (or authorized representative), Erica Borum of White River National Forest (or authorized representative), and Nick Miller of the Homestake Water Project. Dust abatement will include but is not limited to the following activities: • Approximatley 35,000 gallons of magnesium chloride will be sprayed on the Homestake Road in 2020 & 2021. This is a multi-year operating plan committing the Parties to the completion of specific projects related to the improvement of Schedule A Roads. Any remaining U.S. Forest Service funding beyond FY20 may be carried forward to the next fiscal year and will be available through the term of this agreement. II. PROJECT LOCATION • Homestake Road – NFSR 703 – MP 0.0 to MP 7.8 III. PROJECT SPECIFICS A. THE U.S. FOREST SERVICE SHALL: • Reimburse the County for project costs incorporated in the attached Financial Plan. • Coordinate application timing with U.S. Forest Service prior to commencement of project work. • Provide a technical and administrative contact for the project (see Contact Info below III. D.). • Partial payments may be made upon submission of an invoice from the County, or after complete execution of this road project agreement. B. THE COOPERATOR (EAGLE COUNTY) SHALL: • Agree to perform work as described on the following road segments at no cost to the U.S. Forest Service, o Homestake Road – NFSR 703 – MP 0.0 to MP 7.8 • Provide all necessary materials, labor and equipment to perform the work – as outlined in this Operating Plan and Financial Plan. • Be responsible for providing and implementing all necessary erosion control materials and safety precautions, 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 White River Project Manager of 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. • Perform work in a manner to preserve and protect roads and appurtenances, and prevent erosion damage to roads, streams, and other Forest values. SPECIFICATIONS FOR TRAFFIC CONTROL and CONTROL OF NOXIOUS WEEDS TRAFFIC CONTROL This work consists of controlling and protecting public traffic adjacent to and within the project. Perform DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D FS Agreement No. 20-RO-11021500-018 Cooperator Agreement No. 8/10/20 Page 2 of 3 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 U.S. Forest Service. 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 U.S. Forest Service Roads Manager. C. Accommodating Traffic During Work: a. Traffic control plan shall conform to the current edition of the Manual on Uniform Traffic Control Devises (MUTCD). b. Closures up to 2 hours are allowed. c. Coordination with the White River NF Project 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 current edition of the MUTCD. b. All devices and signs shall be type III, VII, VIII retro-reflecting sheeting. c. Flaggers, if required, shall be certified by American Traffic Safety Services Association (ATTSA), National Safety Council (NSC), a state agency, or other acceptable organization. Use type III, VII or VIII retroreflective 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, and 24-hour telephone number prior to the start of the work. At all times, during the project, 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 stores 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. W ashing. 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 equipment as necessary or as directed. C. TERM OF OPERATING PLAN: The project work will be completed during the period starting date of final signature and ending October 1, 2021. DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D FS Agreement No. 20-RO-11021500-018 Cooperator Agreement No. 8/10/20 Page 3 of 3 D. PRINCIPAL CONTACTS. The principal contacts for this instrument are: U.S. Forest Service Project Manager Cooperator Project Contact Name: Erica Borum Name: John Harris Address: 900 Grand Avenue Address: P.O. Box 250 City, State, Zip: Glenwood Spgs, CO 81601 City, State, Zip: Eagle, CO 81631 Telephone: (970) 945-3277 Telephone: (970) 328-3542 Email: erica.borum@usda.gov Email: john.harris@eaglecounty.us U.S. Forest Service Admin. Contact Cooperator Administrative Contact Name: Clark Woolley Name: Nicole Trujillo Address: 900 Grand Avenue Address: P.O. Box 250 City, State, Zip: Glenwood Spgs, CO 81601 City, State, Zip: Eagle, CO 81631 Telephone: (970) 948-9803 Telephone: (970) 328-3540 Email: clark.woolley@usda.gov Email: nicole.trujillo@eaglecounty.us E. FINANCIAL PLAN: Attached is a Financial Plan identified for Agreement No. 20-RO-11021500-018 and this Operating Plan (#2020-1) for the project work shown above. F. 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 $42,400.00, as shown in the Financial Plan. The U.S. Forest Service shall make payment upon receipt of Cooperator’s annual 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 and end) 5) Total invoice amount for the billing period The invoice must be forwarded to: SM.FS.asc_ga@usda.gov 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: erica.borum@usda.gov LIMITATION OF FUNDS. U.S. Forest Service funds in the amount of $42,400.00 are currently available for performance of this agreement. The U.S. Forest Service's obligation for performance of this agreement beyond this date is contingent upon the availability of appropriated funds from which payment can be made. There is no legal liability on the part of the U.S. Forest Service for any payment may arise for performance under this agreement beyond this amount until the County receive(s) notice of availability to be confirmed in a written modification by the U.S. Forest Service. DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D U.S. Forest Service OMB 0596-0217 FS-1500-17B Page 1 Attachment:Financial Plan USFS Agreement No.:Mod. No.:N/A 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 $824.64 $0.00 $0.00 $0.00 $824.64 Travel $20.00 $0.00 $0.00 $0.00 $20.00 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 Dust Abatement Projects $0.00 $42,400.00 $0.00 $0.00 $42,400.00 Other $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $844.64 $42,400.00 $12,360.00 $0.00 $55,604.64 Coop Indirect Costs $0.00 $0.00 $0.00 FS Overhead Costs $101.36 $101.36 Total $946.00 $42,400.00 $12,360.00 $0.00 $55,706.00 (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) 77.81% Total Project Value: (e) Total 22.19% Agreements Financial Plan (Short Form) 20-RO-11021500-018 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 DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D Standard Calculation Job Description Cost/Day # of Days Total Engineer $412.32 2.00 $824.64 $0.00 $0.00 Non-Standard Calculation Total Salaries/Labor $824.64 Standard Calculation Travel Expense Employees Cost/Trip # of Trips Total GOV to and from Jobsites 1 $20.00 1.00 $20.00 $0.00 Non-Standard Calculation Total Travel $20.00 Piece of Equipment # of Units Cost/Day # of Days Total $0.00 $0.00 $0.00 $0.00 Total Equipment $0.00 WORKSHEET FOR Standard Calculation Standard Calculation Non-Standard Calculation 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. FS Non-Cash Contribution Cost Analysis, Column (a) Equipment Travel Salaries/Labor Supplies/Materials DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D Supplies/Materials # of Items Cost/Item Total $0.00 $0.00 $0.00 $0.00 Total Supplies/Materials $0.00 Paper Material # of Units Cost/Unit Total $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total $0.00 $0.00 $0.00 $0.00 Total Other $0.00 Current Overhead Rate Total 12.00%$101.36 Total FS Overhead Costs $101.36 Standard Calculation Standard Calculation Non-Standard Calculation Non-Standard Calculation $844.64 Subtotal Direct Costs Forest Service Overhead Costs TOTAL COST $946.00 Printing Other Expenses Subtotal Direct Costs $844.64 Non-Standard Calculation DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D Job Description Cost/Day # of Days Total $0.00 $0.00 $0.00 $0.00 $0.00 Total Salaries/Labor $0.00 Travel Expense Employees Cost/Trip # of Trips Total $0.00 $0.00 $0.00 $0.00 $0.00 Total Travel $0.00 Piece of Equipment # of Units Cost/Day # of Days Total $0.00 $0.00 $0.00 $0.00 $0.00 WORKSHEET FOR Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation FS Cash to the Cooperator Cost Analysis, Column (b) Salaries/Labor Travel Equipment 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. Standard Calculation Standard Calculation Standard Calculation DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D Total Equipment $0.00 Supplies/Materials # of Items Cost/Item Total $0.00 $0.00 $0.00 $0.00 Total Supplies/Materials $0.00 Paper Material # of Units Cost/Unit Total $0.00 $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total $0.00 $0.00 $0.00 $0.00 Dust Abatement Projects - See attached Cost Breakout $42,400.00 Total Other $42,400.00 Current Overhead Rate Total 0.00%$0.00 $0.00 Standard Calculation Standard Calculation Non-Standard Calculation Non-Standard Calculation Printing Supplies/Materials Standard Calculation TOTAL COST $42,400.00 $42,400.00 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $42,400.00 Non-Standard Calculation DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D 5280*20/9=11,733 Sq. Yd. 11,733*.5=5,867 Gallons of Water/Mile Haul from Creek - No Charge Water Cost Per Mile 4800 gallons/truck 1.2 Loads 0.5 hrs RT 0.6 Hours $105/Hr $64 Water Haul Cost Per Mile $64 Estimated Cost of Water Per Mile Cost of Dust abatement $0.57/gallon (per Eagle Cost Estimate -2020) Application Rate - 0.3 gallons per Sq. Yd. 5280*20/9=11,733 Sq. Yd. 0.3 gallons per SY x 2 applications 7,040 Gallons Mag/Mile with .3/SY Application Rate $0.57/gallon*7040 $4,013 Estimated Cost of Mag Chloride Per Mile 5 Miles of treatment - Note: Per John Harris, MgCl is $0.57/gal. Need 7000 gal/mile. $20,064 Total Estimated Cost of MagChloride for Project $64 Estimated Cost of WaterHaul Per Mile $0 Estimated Cost of Travel Way Preparation Including Compaction Per Mile. Homestake Water Project is completing work. $64 Total Estimated Cost of Travel Way Prep Per Mile 5 Miles of Travelway Prep $597 Total Estimated Cost of Travel Way Prep for Project Multi-year Operating Plan $42,400 TOTAL ESTIMATED COST OF DUST ABATEMENT PROJECTS Estimate 0.5 Hrs Round Trip Estimate $105/Hr for trucking: Homestake Water Project in conjuction with Eagle County Application of Dust Abatement = 0.3 Gallon/SY for reapplication; 0.6 Gal/SY for new application Estimate Average width =20 1f Estimated Cost Of Dust Abatement per Mile Cost of Water Application Rate - 0.5 gallons per Sq. Yd. Estimate Average width =20 1f Cost to Purchase Cost to Haul DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D Job Description Cost/Day # of Days Total Labor Cost $0.00 $0.00 $0.00 $0.00 $0.00 Total Salaries/Labor $0.00 Travel Expense Employees Cost/Trip # of Trips Total $0.00 $0.00 $0.00 $0.00 $0.00 Total Travel $0.00 Piece of Equipment # of Units Cost/Day # of Days Total Piece of Equipment # of Units Cost/Hr # of Hours $0.00 Grader w/ Operator 1.00 $108.00 40.00 $4,320.00 Roller w/ Operator 1.00 $98.00 40.00 $3,920.00 Water Truck w/ Operator 1.00 $103.00 40.00 $4,120.00 $0.00 WORKSHEET FOR Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation Cooperator Non-Cash Contribution Cost Analysis, Column (c) Salaries/Labor Travel Equipment 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. Standard Calculation Standard Calculation Standard Calculation DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D Total Equipment $12,360.00 Supplies/Materials # of Items Cost/Item Total $0.00 $0.00 $0.00 $0.00 Total Supplies/Materials $0.00 Paper Material # of Units Cost/Unit Total $0.00 $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total $0.00 $0.00 $0.00 $0.00 Total Other $0.00 Current Overhead Rate Total $0.00 $0.00 Non-Standard Calculation Supplies/Materials Standard Calculation Non-Standard Calculation Standard Calculation Printing TOTAL COST $12,360.00 $12,360.00 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $12,360.00 Non-Standard Calculation Standard Calculation DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D U.S. Forest Service OMB 0596-0217 FS-1500-17B Definitions for the Matrix Column Headings: Instructions: Use this form in conjunction with Forest Service Handbook (FSH) 1509.11, Ch. 70, Financial Planning Requirements, for participating, challenge cost-share, joint venture, and cost-reimbursable agreements. This form may be used for other types of Forest Service Manual 1580 agreements, when useful. Choose one of the three (3) financial plan versions and complete. Each version requires identical information and result in calculations and cost analysis that are the same. Version 1 cost analysis data values are automatically entered into the financial plan matrix. Version 2 requires manual entry of the cost analysis data values into the financial plan matrix. Version 3 should be used if there are multiple Cooperators. Users do not have to use or print versions/sheets that are not applicable to their agreement. The purpose of this form is to capture the total estimated value of the proposed agreement. Once the agreement is approved, in writing, by the parties, then this financial plan becomes the financial estimates for the agreement. This financial plan must display the parties' expected contributions to the agreement. These contributions should be broken down by party contribution type (e.g., non-cash, in-kind, cash to cooperator), see below for definitions, and cost elements (e.g., salaries, supplies, travel). Cost element values should be the result of documented cost analysis on this form. Each financial plan version provides samples of cost analysis calculations, see associated Excel comment balloons. Additional instructions are located on version 1 cost analysis tabs. (a) Forest Service Noncash Contribution: Forest Service noncash contributions may consist of employee salaries, overhead (indirect), travel provided, and/or equipment and supplies purchased and provided to the Cooperator for use in the project. These costs are an expense to the Forest Service, but do not include funding for reimbursement of Cooperator expenses. (b) Forest Service Cash to Cooperator: This is the maximum amount of funding that will be reimbursed or advanced by the Forest Service to the Cooperator. This is an expense to the Forest Service. (c) Cooperator Noncash Contribution: These are expenses the Cooperator incurs that are contributed to the project in lieu of cash, but for which costs are incurred, such as employee salaries, overhead (indirect costs), travel, equipment, supplies, and so forth. These do not include in-kind contributions from third parties, such as donations from other entities or volunteer labor. All the costs listed here are an expense to the Cooperator. (d) Cooperator In-Kind Contribution: In-kind contribution provided to the Cooperator from a third party organization(s) for use in the project for which the Cooperator has incurred no expense. Value assessed for volunteer labor and donated materials, equipment and supplies should be valued based on FSH 1509.11, Ch. 70. These values are not reimbursable and can only be used to satisfy the Cooperator's matching requirement. Display these contributions by Cost Element Expenditures. (e) Total Project Value: The sum of all the values provided toward the project. This figure reflects the true estimated cost of the project. DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D U.S. Forest Service OMB 0596-0217 FS-1500-17B Definitions for Cost Allowability (c) Reasonable Cost: A cost, as recorded on the Agreements Financial Plan (Long, Medium, and Short) forms, associated with an agreement, that, in its nature and amount, does not exceed an amount that a prudent person, under the circumstances prevailing at the time the decision was made, would incur. Other factors to consider are: Whether the cost is of a type generally recognized as ordinary and necessary for the entity’s operation or agreement performance; The restraints or requirements imposed by factors such as generally accepted, sound, business practices; arms-length bargaining; Federal and State laws and regulations; and the terms and conditions of the agreement; Market prices or industry standard costs for similar goods and services (that is, is the cooperator offering goods or services for an amount that exceeds what is readily available in the marketplace); Whether individuals concerned acted with prudence under the circumstances, considering their responsibilities to the entity; its members, employees, and clients; the public; and the government; and Significant deviations from established practices of the governmental entity that might unjustifiably increase costs charged to the agreement. 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 45 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. Burden Statement (a) Allowable Cost: A cost, as recorded on the Agreements Financial Plan (Long, Medium, and Short) forms, associated with an agreement, which meets the criteria for authorized expenditures specific in a cost principle methodology. Generally, it meets the cost principle methodology, and is a cost the parties to an agreement intend to charge, and must be: Reasonable for the performance of the award; Necessary and reasonable for proper and efficient performance and administration of the agreement; Consistently treated as either a direct or indirect cost; Generally, determined in accordance with generally accepted accounting principles (GAAP); Net of all applicable credits (that is, less any future rebates from the purchase of goods or services); Separate from a cost or from a cost-sharing/matching requirement of another Federal award or agreement, unless otherwise permitted by Federal law or regulation; Adequately documented; Authorized or not prohibited by Federal, State, or local laws and regulations; Compliant with limits or exclusions on types or amounts of costs, as set forth in relevant Federal laws, agreement terms and conditions, or other governing regulations (examples of such costs include: entertainment, alcohol, and taxes); and,Consistent with the agency’s and cooperator’s internal policies, regulations, and procedures that apply to both Federal awards or agreements and other cooperator activities. (b) Allocable Cost: A cost, as recorded on the Agreements Financial Plan (Long, Medium, and Short) forms, associated with an agreement, which in accordance with the relative benefit received by either party for the award, is treated consistently with other costs incurred for the same purpose and in like circumstances, and if it: Is incurred specifically for the award; Benefits both the award and other ancillary work, and the cost may be distributed in reasonable proportion to the benefits received (an example of this type of cost is a piece of equipment that is used for multiple projects); or Necessary to the overall operation of the organization, although a direct relationship to any particular cost objective may not be shown. DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D SAM Search Results List of records matching your search for : Record Status: Active DUNS Number: 084024447 ENTITY Eagle, County of Status: Active DUNS: 084024447 +4:CAGE Code: 343S0 DoDAAC: Expiration Date: 06/09/2021 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 500 Broadway City: Eagle State/Province: COLORADO ZIP Code: 81631-5178 Country: UNITED STATES July 13, 2020 6:21 AM https://www.sam.gov Page 1 of 1 DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D FS Agreement No. 20-RO -11021500-018 Cooperator Agreement No. 8/12/20 Page 1 of 3 OPERATING PLAN (#2020-1) SCHEDULE A ROADS - DUST ABATEMENT PROJECTS I. GENERAL PROJECT DESCRIPTION: The U.S. Forest Service and Eagle County have determined that there is a need to prepare the roadbed and place dust abatement materials (Magnesium Chloride) on high-use Schedule A Roads and may include, but not limited to, the following road segment:  Homestake Road (NFSR 703) between MP 0.0 (US Hwy 24) and MP 7.8 (Intersection of NFSR 704) Prior to commencement of the project coordination will occur between John Harris (or authorized representative), Erica Borum of White River National Forest (or authorized representative), and Nick Miller of the Homestake Water Project. Dust abatement will include but is not limited to the following activities:  Approximatley 35,000 gallons of magnesium chloride will be sprayed on the Homestake Road in 2020 & 2021. This is a multi-year operating plan committing the Parties to the completion of specific projects related to the improvement of Schedule A Roads. Any remaining U.S. Forest Service funding beyond FY20 may be carried forward to the next fiscal year and will be available through the term of this agreement. II. PROJECT LOCATION  Homestake Road – NFSR 703 – MP 0.0 to MP 7.8 III. PROJECT SPECIFICS A. THE U.S. FOREST SERVICE SHALL:  Reimburse the County for project costs incorporated in the attached Financial Plan.  Coordinate application timing with U.S. Forest Service prior to commencement of project work.  Provide a technical and administrative contact for the project (see Contact Info below III. D.).  Partial payments may be made upon submission of an invoice from the County, or after complete execution of this road project agreement. B. THE COOPERATOR (EAGLE COUNTY) SHALL:  Agree to perform work as described on the following road segments at no cost to the U.S. Forest Service, o Homestake Road – NFSR 703 – MP 0.0 to MP 7.8  Provide all necessary materials, labor and equipment to perform the work – as outlined in this Operating Plan and Financial Plan.  Be responsible for providing and implementing all necessary erosion control materials and safety precautions, 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 White River Project Manager of 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.  Perform work in a manner to preserve and protect roads and appurtenances, and prevent erosion damage to roads, streams, and other Forest v alues. SPECIFICATIONS FOR TRAFFIC CONTROL and CONTROL OF NOXIOUS WEEDS TRAFFIC CONTROL This work consists of controlling and protecting public traffic adjacent to and within the project. Perform DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D FS Agreement No. 20-RO -11021500-018 Cooperator Agreement No. 8/12/20 Page 2 of 3 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 U.S. Forest Service. 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 U.S. Forest Service Roads Manager. C. Accommodating Traffic During Work: a. Traffic control plan shall conform to the current edition of the Manual on Uniform Traffic Control Devises (MUTCD). b. Closures up to 2 hours are allowed. c. Coordination with the White River NF Project 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 current edition of the MUTCD. b. All devices and signs shall be type III, VII, VIII retro-reflecting sheeting. c. Flaggers, if required, shall be certified by American Traffic Safety Services Association (ATTSA), National Safety Council (NSC), a state agency, or other acceptable organization. Use type III, VII or VIII retroreflective 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, and 24-hour telephone number prior to the start of the work. At all times, during the project, 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 stores 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. W ashing. 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 equipment as necessary or as directed. C. TERM OF OPERATING PLAN: The project work will be completed during the period starting date of final signature and ending October 1, 2021. DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D FS Agreement No. 20-RO -11021500-018 Cooperator Agreement No. 8/12/20 Page 3 of 3 D. PRINCIPAL CONTACTS. The principal contacts for this instrument are: U.S. Forest Service Project Manager Cooperator Project Contact Name: Erica Borum Name: John Harris Address: 900 Grand Avenue Address: P.O. Box 250 City, State, Zip: Glenwood Spgs, CO 81601 City, State, Zip: Eagle, CO 81631 Telephone: (970) 945-3277 Telephone: (970) 328-3542 Email: erica.borum@usda.gov Email: john.harris@eaglecounty.us U.S. Forest Service Admin. Contact Cooperator Administrative Contact Name: Clark Woolley Name: Nicole Trujillo Address: 900 Grand Avenue Address: P.O. Box 250 City, State, Zip: Glenwood Spgs, CO 81601 City, State, Zip: Eagle, CO 81631 Telephone: (970) 948-9803 Telephone: (970) 328-3540 Email: clark.woolley@usda.gov Email: nicole.trujillo@eaglecounty.us E. FINANCIAL PLAN: Attached is a Financial Plan identified for Agreement No. 20-RO-11021500-018 and this Operating Plan (#2020-1) for the project work shown above. F. 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 $42,400.00, as shown in the Financial Plan. The U.S. Forest Service shall make payment upon receipt of Cooperator’s annual 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 and end) 5) Total invoice amount for the billing period The invoice must be forwarded to: SM.FS.asc_ga@usda.gov 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: erica.borum@usda.gov LIMITATION OF FUNDS. U.S. Forest Service funds in the amount of $42,400.00 are currently available for performance of this agreement. The U.S. Forest Service's obligation for performance of this agreement beyond this date is contingent upon the availability of appropriated funds from which payment can be made. There is no legal liability on the part of the U.S. Forest Service for any payment may arise for performance under this agreement beyond this amount until the County receive(s) notice of availability to be confirmed in a written modification by the U.S. Forest Service. DocuSign Envelope ID: 120C2DEB-4DCF-4BEF-8FBA-5D8C2B2D463D