HomeMy WebLinkAboutDoc 153 - Fund Exchg Agrmt - ODOTDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 23, 2011
Please see directions for completing this document on the next page.
DATE: March 11, 2011
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2011-153, 2011 Fund Exchange Agrement No.
27356 addressing ODOT's and Deschutes County's responsibilities concerning the exchange of Surface
Transportation Program (STP) funds for State funds.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Local agencies receive federal Surface Transportation Program (STP) funds each year, based on a
formula developed in conjunction with the League of Oregon Cities (LOC) and the Association of
Oregon Counties (AOC). Local agencies are given the option to exchange their federal dollars for state
dollars. ODOT set aside approximately $13.5 million in 2011 for this program. The program was
designed to help local agencies contract projects without the need to accumulate federal funds and
eliminate the added complications of federal regulations. This program allows the local agency to
exchange their federal STP funds for State funds. The exchange rate is $.94 state for every $1 federal
exchanged. Based on this ratio, Deschutes County will exchange $531,959 STP federal funds for
$500,041 state funds. These funds will be used for the Full Depth Reclamation of Lapine State
Recreation Road and South Century Drive projects. (see attached map).
The local agency sends billings for the actual cost of construction to ODOT for reimbursement upon
completion of the projects. The local agency has two years to complete their projects.
FISCAL IMPLICATIONS:
Deschutes County will receive an additional $500,041 in state funds to be used for specific road
projects. This revenue and expenditure appropriation is included in the proposed FY 2011-12 budget.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board Signature on Document No. 2011-153, 2011 Fund Exchange Agreement No.
27356 between ODOT and Deschutes County
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Original returned to Sheila Odle (ext. 7148) at the Road Department for forwarding on to ODOT for
their signature.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
March 23, 2011
Please complete all sections above the Official Review line.
Contractor/Supplier/Consultant Name:
Contractor Contact:
6272
Darrell Newton
Department:
ODOT
Road
Contractor Phone #:
Type of Document: This is an IGA between ODOT and Deschutes County.
541 -388 -
Goods and/or Services: Provides for the use of Surface Transportation Funds (STP)
by the County for road maintenance projects
Background & History: Local agencies receive federal Surface Transportation
Program (STP) funds each year, based on a formula developed in conjunction with the
League of Oregon Cities (LOC) and the Association of Oregon Counties (AOC). Local
agencies are given the option to exchange their federal dollars for state dollars. ODOT
set aside approximately $13.5 million in 2011 for this program. The program was
designed to help local agencies contract projects without the need to accumulate
federal funds and eliminate the added complications of federal regulations. This
program allows the local agency to exchange their federal STP funds for State funds.
The exchange rate is $.94 state for every $1 federal exchanged. Based on this ratio,
Deschutes County will exchange $531,959 STP federal funds for $500,041 state funds.
These funds will be used for the Full Depth Reclamation of Lapine State Recreation
Road and South Century Drive projects. The local agency sends billings for the actual
cost of construction to ODOT for reimbursement upon completion of the projects. The
local agency has two years to complete their projects.
Agreement Starting Date:
Upon Signature by all parties
Date: Two years after signature
Annual Value or Total Payment:
$500,041
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Ending
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
3/10/2011
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ❑ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: George Kolb Phone #: 541-
322-7113
Department Director Approval:
Signature Date
Distribution of Document: Original returned to Sheila Odle (ext. 7148) at the Road
Department for forwarding on to ODOT for their signature.
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
0 Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review Date
Document Number
3/10/2011
Misc. Contracts and Agreements
No. 27356
2011 FUND EXCHANGE AGREEMENT
Full Depth Reclamation Projects
Deschutes County
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and DESCHUTES COUNTY, acting by and through its elected officials, hereinafter
referred to as "Agency," both herein referred to individually or collectively as "Part' or
"Parties."
RECITALS
1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and
366.576, ODOT may enter into cooperative agreements with counties, cities and
units of local governments for the performance of work on certain types of
improvement projects with the allocation of costs on terms and conditions mutually
agreeable to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Agency has submitted a completed and signed Part 1 of the Project Prospectus, or a
similar document agreed to by State, outlining the schedule and costs associated
with all phases of the full depth reclamation of Lapine State Recreation Road from
Highway 97 to 5th Street and South Century Drive from Spring River Road to
Maxwell Bridge, hereinafter referred to as "Project."
2. State has reviewed Agency's prospectus and considered Agency's request for the
Fund Exchange. State has determined that Agency's Project is eligible for the
exchange of funds.
3. To assist in funding the Project, Agency has requested State to exchange 2011
federal funds, which have been allocated to Agency, for state funds based on the
following ratio:
$94 state for $100 federal
27356 1
4. Based on this ratio, Agency wishes to trade $531,959 federal funds for $500,041
state funds.
5. The term of this Agreement will begin upon execution and will terminate two (2)
years from the date that all required signatures are obtained unless extended by an
executed amendment.
6. The Parties agree that the exchange is subject to the following conditions:
a. The federal funds transferred to State may be used by State at its discretion.
b. State funds transferred to Agency must be used for the Project. This Fund
Exchange will provide funding for specific roadway projects and may also be
used for the following maintenance purposes:
i. Purchase or Production of Aggregate. Agency shall ensure the purchase or
production of aggregate will be highway related and used exclusively for
highway work.
ii. Purchase of Equipment. Agency shall clearly describe how it plans to use said
equipment on highways. Agency shall demonstrate that the equipment will
only be used for highway purposes.
c. State funds may be used for all phases of the Project, including preliminary
engineering, right of way, utility relocations and construction. Said use shall be
consistent with the Oregon Constitution and statutes (Section 3a of Article IX
Oregon Constitution). Agency shall be responsible to account for expenditure of
state funds.
d. This Fund Exchange shall be on a reimbursement basis, with state funds limited
to a maximum amount of $500,041. All costs incurred in excess of the Fund
Exchange amount will be the sole responsibility of Agency.
e. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
f. Agency and any contractors, shall perform the work as an independent
contractor and will be exclusively responsible for all costs and expenses related
to its employment of individuals to perform the work including, but not limited to,
retirement contributions, workers compensation, unemployment taxes, and state
and federal income tax withholdings.
g.
Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520,
27356 2
279C.530 and 2796.270 incorporated herein by reference and made a part
hereof. Without limiting the generality of the foregoing, Agency expressly agrees
to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504
of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990
and ORS 659A.142; (iv) all regulations and administrative rules established
pursuant to the foregoing laws; and (v) all other applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations.
h. Agency, or its consultant, shall conduct the necessary preliminary engineering
and design work required to produce final plans, specifications and cost
estimates; purchase all necessary right of way in accordance with current state
and federal laws and regulations; obtain all required permits; be responsible for
all utility relocations; advertise for bid proposals; award all contracts; perform all
construction engineering; and make all contractor payments required to complete
the Project.
i. Agency shall submit invoices to State on a quarterly basis, for actual costs
incurred by Agency on behalf of the Project directly to State's Project Manager
for review and approval. Such invoices will be in a form identifying the Project,
the agreement number, the invoice number or account number or both, and will
itemize all expenses for which reimbursement is claimed. Under no conditions
shall State's obligations exceed $500,041, including all expenses. Travel
expenses will not be reimbursed.
j.
Agency shall, at its own expense, maintain and operate the Project upon
completion at a minimum level that is consistent with normal depreciation and
service demand.
k. All employers, including Agency, that employ subject workers in the State of
Oregon shall comply with ORS 656.017 and provide the required Workers'
Compensation coverage unless such employers are exempt under ORS
656.126. Agency shall ensure that each of its subcontractors complies with these
requirements.
I. This Agreement may be terminated by either Party upon thirty (30) days' notice,
in writing and delivered by certified mail or in person.
i. State may terminate this Agreement effective upon delivery of written notice
to Agency, or at such later date as may be established by State, under any of
the following conditions:
A. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
27356 3
B. If Agency fails to perform any of the other provisions of this Agreement, or
so fails to pursue the work as to endanger performance of this Agreement
in accordance with its terms, and after receipt of written notice from State
fails to correct such failures within ten (10) days or such longer period as
State may authorize.
ii. Either Party may terminate this Agreement effective upon delivery of written
notice to the other Party, or at such later date as may be established by the
terminating Party, under any of the following conditions:
A. If either Party fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow either Party, in the exercise of their
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
B. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or either Party is prohibited from paying for such work from the
planned funding source.
iii. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
m. State and Agency agree that if any term or provision of this Agreement is
declared by a court of competent jurisdiction to be invalid, unenforceable, illegal
or in conflict with any law, the validity of the remaining terms and provisions shall
not be affected, and the rights and obligations of the Parties shall be construed
and enforced as if the Agreement did not contain the particular term or provision
held to be invalid.
7. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office,
the federal government, and their duly authorized representatives shall have access
to the books, documents, papers, and records of Agency which are directly pertinent
to this Agreement for the purpose of making audit, examination, excerpts, and
transcripts for a period of six (6) years after final payment. Copies of applicable
records shall be made available upon request. Payment for costs of copies is
reimbursable by State.
8. Agency certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of Agency,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind Agency.
9. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
27356 4 -
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
10. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
Party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
THE PARTIES, by execution of this Agreement, hereby acknowledge that its signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
The funding for this Fund Exchange program was approved by the Oregon
Transportation Commission on September 22, 2010, as a part of the 2010-2013
Statewide Transportation Improvement Program (STIP).
The Program and Funding Services Manager approved the Fund Exchange on March 4,
2011.
The Oregon Transportation Commission on December 29, 2008, approved Delegation
Order No. 2, which authorizes the Director to approve and execute agreements for day-
to-day operations. Day-to-day operations include those activities required to implement
the biennial budget approved by the Legislature, including activities to execute a project
in the Statewide Transportation Improvement Program.
On September 15, 2006, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to
the Deputy Director, Highways; Deputy Director, Central Services and the Chief of Staff,
to approve and sign agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program or in other system plans
approved by the Oregon Transportation Commission such as the Oregon Traffic Safety
Performance Plan, or in a line item in the biennial budget approved by the Director. The
Director may also delegate to other Administrators the authority to execute
intergovernmental agreements over $75,000 for specific programs such as
transportation safety, growth management and public transit.
27356 5
DESCHUTES COUNTY, by and through STATE OF OREGON, by and through
its elected officials. its Department of Transportation
By By
County Commissioner Deputy Director
Date Date
By APPROVAL RECOMMENDED
County Commissioner
By
Date Region 4 Manager
By Date
County Commissioner
Date APPROVED AS TO LEGAL
SUFFICIENCY
APPROVED AS TO LEGAL
By
SUFFICIENCY Assistant Attorney General
By Date
Counsel
Date
Agency Contact:
Darrell Newton - Local Agency Liaison
63030 OB Riley Rd
Bend, OR 97701
(541) 388-6272
Darrell.r.newton@odot.state.or.us
State Contact:
George Kolb - County Engineer
6150 SE 27th St.
Bend, OR 97702
(541) 388-6581
georgek@co.deschutes.or.us
27356 6
Full Depth Reclamation
of South Century Dr
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Key
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South Century Dr
County Routes
Road Centerlines
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Rivers
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1.5 2 Miles
The information on this map was derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but it is provided as is". Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the cigital
data or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
Deschutes County Road Department
Created
John Anderson, GIS Specialist
Ph un e- i1 i) 322.7102
Ern a&E: Joh rea+4co-desthutes.. was
Address bt 150 SE 27th 9:
Send, OR 47792
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Full Depth Reclamation
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Key
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Road Centerlines
Canals
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1.5
2 Miles
The information on this map was derived from dgital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but it is provided "as i5'. Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the dgital
data or the underlying records. There are no warranties, express or
implied, inducing the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
M.P Deschutes County Road Department
C rated
hsy:
John Anderson, GIS Specialist
Phone p4 11322-7102
Email Johha@co.deschutes.or. us
Mdress.. 61 150 SE 27th St:
Bend. OR 47702
P:\ArcGIS_Projects\Full Depth Reclamation\La Pine State Rec Rd