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HomeMy WebLinkAboutC99-105 USDA Forest Service1er7t) OF n PROJECT AGREEMENT for EAST BRUSH CREEK ROAD No. 415 and HAT CREEK ROAD No. 416 between EAGLE COUNTY, COLORADO and USDA FOREST SERVICE THIS PROJECT AGREEMENT, made and entered into by and between Eagle County, hereinafter referred to as the County, and the Forest Service, US Department of Agriculture, hereinafter referred to as the Forest Service. I. Purpose of Agreement The Forest Service and the County have determined that to provide for the safe mix of commercial and - administrative use with public traffic, is to perform reconditioning and surfacing of East Brush Creek Road FDR 415 from M.P. 0.00 to M.P. 5.90 and Hat Creek Road FDR 416 M.P. 0.00 to M.P. 0.50. A portion of this road is currently listed on the current Schedule "A's" of the Forest Road Agreement dated June 10, 1996 and Memorandum of Understanding dated May 28, 1982, respectively. It is mutually advantageous for the parties herein to eliminate safety hazards and maintain this collector road for intercounty traffic. In consideration of the above premises, the parties agree as follows: II. Forest Service shall - A. Provide Eagle County Road and Bridge Department three (3) sets of drawings and specifications for the project. B. Furnish aggregate base to the project site for placement by Eagle County. C. Provide stakes on -the -ground for culvert locations and areas to apply aggregate. D. Provide an Engineer to work with the County Road Supervisor as the work is being accomplished. The Forest Service Engineer will ensure that the installation and application is in compliance with appropriate federal, state and county regulations. Forest Service contacts are Fred Otto or John Dahl, White River National Forest, P.O. Box 190, Minturn, Colorado 81645, phone # (970) 827-5715. E. Provide culverts to Eagle County Road and Bridge Department for installation. En III. County of Eagle shall - A. Provide necessary equipment and labor to install culverts, place aggregate base/surfacing material, and reconditioning of the roadbed on East Brush Creek Road between MP 0.00 and MP 5.90 and Hat Creek Road FDR 416 between M.P.0.00 to M.P. 0.50. B. Recondition the roadway and apply surfacing in accordance with the drawings and specifications provided by the Forest Service. C. Bill the Forest Service up to $8000.00 upon completed application of the Magnesium Chloride. The invoice for the purchase and application of the magnesium chloride shall be submitted to: Holy Cross Ranger District c/o Fred Otto or John Dahl P.O. Box 190 Minturn, CO. 81645 D. Provide a County Road Foreman to work with Forest Service Engineer while work is being accomplished on the ground. E. Provide the Forest Service Engineer three weeks prior notice of the anticipated need for aggregate to be hauled to the project site. IV. It is mutually agreed and understood by and between the said parties that: A. MODIFICATION. Modification within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of written modification, signed and dated by all parties, prior to any changes not properly approved in advance. B. TERMINATION. Any party(s), in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. No party(s) shall -incur any new obligations for the terminated portions of the instrument after the effective date and shall cancel as may obligations as is possible. Full credit shall be allowed for each party(s) expenses and all noncancellable obligations properly incurred up to the effective date of termination. C. NONDISCRIMINATION. The Cooperator(s) shall comply with all Federal statutes relating to nondiscrimination and all applicable requirement of all other Federal laws, executive orders, regulations and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), which prohibits discrimination on the basis of race, color, handicap, or national origin; (b) Title IX .of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex. D. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the Cooperator(s) from participating in similar activities with other public or private agencies, organizations, and individuls. E. OWNERSHIP. No part of this instrument shall entitle the Cooperator(s) to any share or interest in the project other than the right to use and enjoy the same under the existing regulations of the Forest Service. F. OBLIGATIONS. Nothing herein shall be considered as obligating the Forest Service to expend or as involving the United States in any contract or other obligations for the future payment of money in excess of funding approved and made available for payment under this instrument and modifications thereto. G. PRINCIPAL CONTACTS. The principal contacts for this instrument are: Fred Otto Brad Higgins USDA Forest Service Eagle County Commissioners Holy Cross Ranger District Road & Bridge Department P.O. Box 190 P.O. Box 250 Minturn, CO 81645 Eagle, CO. 81631 H. LEGAL AUTHORITY. The Recipient(s)/Cooperator(s) have the legal authority to enter into this instrument, and the institutional, managerial and financial capability (including funds sufficient to pay non -Federal share of project costs) to ensure proper planning, management, and completion of the project. I. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is not available for reimbursement of Cooperator(s) purchase of equipment and supplies, or payment of salaries and other fixed costs. J. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land at the direction of either of the parties, shall thereupon become property of the United States, and shall be subject to the same regulations and administration of the Forest Service as other National Forest improvement of a similar nature. K. COMPLETION DATE. This agreement is executed as of the last date shown below and expires no later than December 31, 2000; at which time it is subject to review and renewal, or expiration. .Q ..l %*0 The parties hereto have executed this Agreement as of the last date written below. COUNTY OF EAGLE STATE OF COLORADO FOREST SERVICE U. S. DEPARTMENT OF AGRICULTURE By 6 42-ff/ By: ! 9 ommissioner Date Forest Supervi or Date