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HomeMy WebLinkAboutC09-371 East & West Brush Creek & Covvee Pot Roads USDAr FS Agreement No. 82-RO-11021500-005 " Cooperator D' No. 084024447 Cooperator AoWfnent No. 7/22/09 PROJECT AGREEMENT to COOPERATIVE ROAD AGREEMENT No. 82-RO-11021500-005 MODIFICATION No. 10 for EAST & WEST BRUSH CREEK AND COFFEE POT ROADS between USDA FOREST SERVICE, WHITE RIVER NATIONAL FOREST and EAGLE COUNTY, COLORADO This Project Agreement is made and entered into by and between the BOARD OF COUNTY COMMISSIONERS of Eagle County in the State of Colorado, hereinafter referred to as the County and the Forest Supervisor, White River National Forest, hereinafter referred to as the Forest Service, under the Forest Road Agreement No. 82-RO-11021500-005 dated June 22, 2000. A. PURPOSE OF AGREEMENT The Forest Service and the County have determined to repair and restore the East Brush Creek Road NFSR 415, West Brush Creek Road NFSR 400, and the Coffee Pot Road FSR 600 in order to -. provide for the safe mix of commercial, administrative use, and public traffic. The objective is to reduce dusting and to stabilize aggregate surface, reducing loss of aggregate and reducing impact to air quality. The roads are currently listed on the revised (June 2002) Schedule "A" of the Forest Road Agreement dated June 22, 2000. The East Brush Creek Road project begins at milepost 0.0 and ends at milepost 3.1; the West Brush Creek Road project begins after the pavement at milepost 9.1 and ends at milepost 13.8. The Coffee Pot Road project begins at the Colorado River Road 301 and ends at the Garfield County Line at 7.39 miles. B. FOREST SERVICE SHALL: Reimburse the County for application of dust abatement material on the East and West Brush Creek roads and the Coffee Pot road. Reimbursement shall not exceed $68,000.00. Partial payments may be made upon submission of an invoice from the County. C. THE COUNTY SHALL: 1. Provide necessary equipment, materials and labor to prepare the roadbed and apply magnesium chloride dust abatement material to the surface in accordance with County specifications. 2. Provide the Forest Service with itemized invoice/s for application of dust abatement material. The Forest Service will make payment for its proportionate share of project costs upon receipt of an SF-270. Each SF-270 shall display the cooperator's actual expenditures to date of the SF- 270 (not just the Forest Service share of actual expenditures), less program income and other Federal and nonfederal cash contributions and previous Forest Service payments. The SF-270 should be mailed or faxed to: 3. The original copy of the invoice shall be submitted to: USDA Forest Service Albuquerque Service Center \%MIV! FS Agreement No. 82-RO-11021500-005 Cooperator D' , No. 084024447 Cooperator AL4=ufnent No. 7/22/09 Payments — Grants and Agreements 101 B Sun Ave. NE Albuquerque, NM 87109 Fax: 877-683-1509 A copy of the invoice shall be submitted to: White River National Forest Attn: Linda Torgerson P.O. Box 948 Glenwood Springs, Colorado 81602 Fax: 970-945-3288 D. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed. The Forest Service is not obligated to fund any changes not properly approved in advance. 2. TERMINATION. Either party(s), in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. Neither party(s) shall incur any new obligations for the terminated portion of the instrument after the effective date and shall cancel as many 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. 3. NONDISCRIMINATION. The cooperator shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements 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. 4. 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 individuals. 5. OWNERSHIP. No part of this instrument shall entitle the cooperator 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. 6. 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. 7. PRINCIPAL CONTACTS. The principal contacts for this instrument are: Linda Torgerson Brad Higgins Physical Address White River National Forest Eagle County Road and Bridge Eagle County Road and Bridge P. O. Box 948 P.O. Box 250 3289 Cooley Mesa Road Glenwood Springs, CO 81601 Eagle, CO 81631 Gypsum, CO 81637 \qlwp�' FS Agreement No. 82-RO-11021500-005 Cooperator D ' No. 084024447 Cooperator A ent No. 7/22/09 970-945-3302 970-328-3541 FAX 970-328-3546 8. LEGAL AUTHORITY. The recipient/cooperator has 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. 9. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is not available for reimbursement of cooperator purchase of equipment. 10. 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 improvements of a similar nature. 11. FINANCIAL PLAN. The attached financial plan is hereby incorporated and becomes a part of this agreement as Exhibit A. 12. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through December 31, 2009 at which time it will expire unless extended. 13. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that the individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement. IN WITNESS WHEREOF, the parties as hereto have executed this Project Agreement as of the last date shown below. COUNTY OF EAGLE, STATE OF COLORADO COUNTY COMMISSIONERS: BY: � �,c�.� q11 loq DATE EAGLE COUNTY MMISSIONER BY:s; A/1 a DATE GLE COUNTY COMMISSIONER USDA FOREST SERVICE WHITE RIVER NATIONAL FOREST M DENNIS L. JAEGER ACTING FOREST SUPERVISOR DATE FS Agreement No. 82-RO-11021500-005 Cooperator D' No. 084024447 Coo erator A ent No. 7/22/09 The authority and format of this instrument has been reviewed and approved for signature. Elaine Langstaff Date 'Grants & Agreements Specialist � Job Code — 0215 CMRD15 - $68,000.00 USDA Forest Service FS-6500-NEW USFS Agreement No.: Cooperator Agreement No. Eagle County Mod 10, Summer CY09, FY09 Project Agreement Financial Plan 1. Financial Plan Matrix: 82-RO-11-21500-005 FOREST SERVICE COOPERATOR (a) Non -Cash Contrib. (b) Value of In -Kind Contrib. (c) Reimb. Coop. Expenses (d) Non -Cash Contrib. (e) Value of In -Kind Contrib. (I)(9) Cash Contrib. (h) (i) U) (k) (I) THIRD PARTY CONTRIBUTIONS COST ELEMENTS Cash Non -Cash Value of In -Kind (m) Total Direct Costs Non -Fed Federal Non -Fed Federal Non -Fed Federal Salaries/Labor $15,548.00 $16,000.00 $2,800.00 $34,348.00 Travel $0.00 Equipment Use $26.780.00 $31,000.00 $57,780.00 Supplies $0.00 Materials $21,000.00 $21,000.00 Printing $0.00 Other $0.00 Subtotal $42.328.00 $0.00 $68,000.00 $2,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $113,128.00 Indirect Costs $0.00 Total $42.328.00 $0.001 $68,000.001 $2,800.00 $0.00 $0.00 $0.00 $700 $0.00 $0.00 $0.00 $0.00 $113,128.00 (n) Estimated Program Income (subtract from total of column (m): (o) Net Total Project Value: $113,128.00 Cost Analysis: Use the following section to show additional information that supports the lump sum figures provided above. Salary/Labor = hrs or days x rate; Travel = miles x rate or months x FOR rate, days x per diem rate; Equipment Use = hrs or days x rate, Supplies & Materials --list of items and estimated cost; Printing = estimated cost per item; Indirect Cost = Direct cost x current indirect rate. (a) Govt Salaries: Road Mgr @ 314.48/day, Wage Supervisor @ 317.46/day, Wage Leader @ 268.99/day, G&A @ 298.62/day, WG10 @ 210/day, WG5 @ 145.25/day = Total 1554.80 X 10 days = 15,548.00 -- Govt Equipment: Backhoe @ 340/day, Motorgrader @ 1256/day, 6x4 Dumptruck @ 581/day, Service Truck @ 263/day, Trailer House @ 218/day. Per Diem @ 20/day = Total 2678/day X 10 days = 26780.00 (b) Mod #10 to Eagle County Master Agreement, Schedule A roads, project agreement for dust abatement on Coffee Pot Road, East Brush Creek Road and West Brush Creek Road = 16.7 miles: Average Salary 32/hour x 500 crew hours = 16,000 -- Average road maintenance Equipment rate 62/hour x 500 hours = 31,000 -- + 52,000 gallons of Magnesium Chloride materials @ 0.403846/gal = 21,000 (c) (d) Assistant Public Works Director @ 350/day x 2 days, and Public Works Road Crew Foreman @ 300/day x 7 days = 2800 Page 1 USDA Forest Service. salary not included in direct costs shown v FS-6500-NEW i (e) M Matching Costs Determination Total Forest Service Share = (p) (a+b+c)/(o) _ (p) 97.52% Third Party Cash Contribution Federal = (q) (h + o) _ (q) 0.00% Total Federal Cash Share = (r) (p+q) _ (r) 97.52% Total Cooperator Share (s) [(d±e±f+g+i+k) - (n)] / (o) = 2.48% (t) Total (r+s) _ (t) 100.00% Reimbursement Calculation Forest Service Reimbursement p. (u) (c)/[(c+d+f+g+i) - (n)] _ (u) 96.05% Cooperator expenses NOT reimbursed by F! M (d+f+g+i-n)/(c+d+f+g+i-n) _ (v) 3.95% Reimbursable Amount = Total actual cost incurred to date (sum of cost elements from the Cooperator's invoice as prescribed in provisions and multiplied by 96.05% (u) minus any previous Forest Service payments, not to exceed the subtotal amount listed in column (c) minus any estimated program income. 3. Instructions: ' Use this form in conjunction with ID 1509.11-2007-1. Use Cost Elements that apply to the particular project. The Cost Elements listed are examples of those commonly used. Delete those that don't apply. Value assessed for volunteer labor should be commensurate with local labor rates for similar work. Donated materials, equipment and supplies should be valued at rates and prices available in the current local market. Page 2 k NW AGREEMENT WITH USDA FOREST SERVICE AND EAGLE COUNTY TO Requested hearing date: August 11, 9 or An st 18, 2009 For County Manager signature: Requesting department: 1 Road & Bridge Title: Project Agreement to COOPERATIVE ROAD AGREEMENT No. 82-RO-11021500-005-Modification No. 10 AVG 2�09 Staff submitting: eAG-E COUaN wop'tO Brad Higgins, Road & Bridge Director Purpose: To repair and restore East Brush Creek Road NFSR 415, West Brush Creek Road NFSR 400, and Coffee Pot Road FSR 600 for safe use by commercial, administrative, and public traffic. Schedule: Effective through December 31, 2009 unless extended Financial considerations: The Forest Service shall reimburse the County for all the work performed on East & West Brush Creek and Coffee Pot Roads. The reimbursement shall not exceed $68,000.00. ll/n 3XVII qgp S TO FORM Eagle County Attorneys Office BY: Eagle County Commissioners' Office