HomeMy WebLinkAboutDoc 375 - Cooperative Forest Road Agrmtcco^r �11) Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1961) (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.on AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 23, 2010 Please see directions for completing this document on the next page. DATE: June 9, 2010 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Signature of Document No. 2010-375, Cooperative Forest Road Agreement betwei,;n Deschutes County and USDA, Forest Service PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: In 1984, The Deschutes County Department of Public Works began working with the Forest Service (USFS) on an agreement that would explain the jurisdiction of roads within the National Forest system. The purpose of the agreement was to set forth the general terms and conditions, acceptable to both Deschutes County and the Forest Service for the cooperative planning, survey, design, construction, reconstruction, improvement and maintenance of both County Roads and roads administered by the USFS within the boundaries of the National Forests. The agreement outlined which roads were to be maintained by Deschutes County and which roads were to be maintained by the USFS. The agreement also provided an avenue whereby one jurisdiction can do work on the others road and get reimburses; throught the use of a project agreement. The USFS felt that this 1984 agreement needed to be updated since there have been several changes to the road network over the years so this agreement outlines which roads are to be maintained by Deschutes County (Schedule A, part A) and which roads are to He maintained by the USFS (Schedule A, part B). FISCAL IMPLICATIONS: Deschutes County is already spending maintenance dollars on the County roads listed in Schedule A. Part A. If we were to do any work on roads under the jurisdicion of the USFS, there would be a project agreement between the agencies to reimburse the County for the work done. RECOMMENDATION & ACTION REQUESTED: The Road Department recommends signature of Document No. 2010-375 ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Return both copies of the agreement to Wanda Kunz (ext. 7103) at the Road Department. They will He forwarded on to the USFS for signature and an original will be returned to the County for recording. 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: June 9, 2010 Please complete all sections above the Official Review line. Contractor/Supplier/Consultant Name: Contractor Contact: Peggy Fisher Department: Road USDA, Forest Service Contractor Phone #: 541 -383 - 5633 Type of Document: Cooperative Forest Road Agreement Goods and/or Services: Outlines the maintenance of County and USFS roads within the National Forest boundaries Background & History: In 1984, The Deschutes County Department of Public Works began working with the Forest Service (USFS) on an agreement that would explain the jurisdiction of roads within the National Forest system. The purpose of the agreement was to set forth the general terms and conditions, acceptable to both Deschutes County and the Forest Service for the cooperative planning, survey, design, construction, reconstruction, improvement and maintenance of both County Roads and roads administered by the USFS within the boundaries of the National Forests. The agreement outlined which roads were to be maintained by Deschutes County and which roads were to be maintained by the USFS. The agreement also provided an avenue whereby one jurisdiction can do work on the others road and get reimbursed throught the use of a project agreement. The USFS felt that this 1984 agreement needed to be updated since there have been several changes to the road network over the years so this agreement outlines which roads are to be maintained by Deschutes County (Schedule A, part A) and which roads are to be maintained by the USFS (Schedule A, part B). Agreement Starting Date: June 23, 2010 Ending Date: '31, 2014 Annual Value or Total Payment: N/AN ❑ Insurance Certificate Received (check box) Insurance Expiration Date: December Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) 6/7/2010 Funding Source: (Included in current budget? n Yes n No If No, has budget amendment been submitted? n Yes n No Is this a Grant Agreement providing revenue to the County? [ Yes I I 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: n Yes I I No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Roger Olson 322-7120 Department Director Approval: Phone #: 541- 00 Signature Date Distribution of Document: Return both copies of the agreement to Wanda Kunz (ext. 7103) at the Road Department. They will be forwarded on to the USFS for signature and an original will be returned to the County for recording. Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 6/7/2010 'orest Service OMB 0596-0217 1 FS -1500-9 FS Agreement No. 10-RO-11060120-028 Cooperator Agreement No. COOPERATIVE FOREST ROAD AGREEMENT Between DESCHUTES COUNTY, STATE OF OREGON And The USDA, FOREST SERVICE DESCHUTES NATIONAL FOREST PARTIES TO AGREEMENT: This agreement, made and entered into this the day of June, 2010, by and between the Deschutes County, State of Oregon, hereinafter referred to as "Cooperator," and the USDA, Forest Service Deschutes National Forest, hereinafter referred to as the "U.S. Forest Service." PURPOSE OF AGREEMENT: The purpose of this agreement is to set forth the general terms and conditions, acceptable to the parties hereto, for the cooperative planning, survey, design, construction, reconstruction, improvement, and maintenance of certain Forest System Roads, formerly called, Forest Development Roads, in Deschutes County, State of Oregon, pursuant to the provisions of 16 U.S.C. 532-538, 23 U.S.C. 205, and the regulations issued by the Secretary of Agriculture. The Congress has, from time to time, authorized and appropriated funds for "Forest Development Roads," which are defined as "those Forest roads of primary importance for the protection, administration, and utilization of the National Forests, or where necessary, for the use and development of the resources upon which communities within or adjacent to the National Forests are dependent." Recognizing that substantial benefits will accrue to the Nation and to the State from the construction, reconstruction, improvement, maintenance, and use of certain Forest development roads and roads on the State or Local road system over which Cooperator has/have jurisdiction, and further that such roads carry substantial volumes of public service traffic as well as National Forest traffic, and further that Cooperator has/have road construction, reconstruction, improvement, maintenance, and right-of-way acquisition facilities available to assist in the accomplishment of the work, it is accordingly deemed fitting and desirable to the parties hereto to express by this instrument the general terms of their mutual cooperation in that regard to achieve the maximum benefits therefrom in the public interest. 1. INTENT TO COOPERATE. It is the intention of the parties under this agreement to cooperate as follows: a. Agree that certain roads under the jurisdiction of Cooperator or the U.S. Forest Service which serve the National Forest and also carry traffic which is properly the responsibility of Cooperator should be maintained and, if necessary, improved to a standard adequate to accommodate safely and economically all traffic which uses such roads. Page 1 of 6 DC 201.0-37,5 USDA, Forest Service OMA 0596.02 I', FS- 1500-9 b. Agree on the identification of roads or road segments which meet the criteria in item a by a listing and appropriate maps. c. Provide for formal meetings and informal consultation on a regular basis to discuss and agree on action with respect to the roads identified pursuant to item b. d. Provide for regular and adequate maintenance of the roads identified in item b, including the assignment of maintenance responsibilities. e. Provide for entering into project agreements when improvements of a road under the jurisdiction of one party is to be financed in whole or in part from funds or resources provided by the other party. f. Provide for appropriate jurisdictional status of roads through transfer of easements and acquisition of easements by the appropriate party. 2. IDENITIFICATION OF ROADS. A list of roads and segments of roads which meet the criteria set forth in item 1 a is agreed upon and is marked "Schedule A" and attached as part of this agreement. Schedule A may be modified from time to time by agreement between Cooperator and U.S. Forest Service, by adding or removing roads or road segments, or by altering the description of a road or road segments, to give it proper identity. Each such modification shall be indicated by a revised Schedule A bearing the signatures of the parties or their authorized representatives and the effective date of the revision. 3. MAINTENANCE PLANS. At the annual meeting provided for in item 6, plans for maintaining the roads listed in Schedule A shall be agreed upon. Such plans shall include assignment of responsibility for maintenance or particular elements of maintenance to Cooperator or U.S. Forest Service for each road or segment of road listed in Schedule A. To the extent practical, and subject to availability of funds, responsibility for maintenance shall be assigned in proportion to use for which each party is properly responsible. Maintenance shall include preserving and keeping the roads, including structures and related facilities as nearly as possible in their original condition as constructed or reconstructed to provide satisfactory and safe road service. Maintenance plans shall provide for prompt changes in maintenance assignments during the period of the plan upon agreement by the parties or their designated representatives. 4. PROJECT AGREEMENTS. When improvement of a road listed in Schedule A is to be financed in whole or in part from funds or resources provided by the party not having jurisdiction, the parties shall enter into a project agreement providing for performing the improvement work and its financing. A project agreement is not required for improvement of a road or a road segment over which the party performing and financing such improvement has jurisdiction. Project agreements shall be supplements to this Page 2 of 6 USDA, Forest Service OMB 0596-0217 FS -(500-9 general agreement and subject to the agreements, provisions, and conditions herein contained. a. A project agreement shall be entered into prior to beginning of improvement or construction work for which a project agreement is required. b. The project agreement shall include the following elements: 1. Identification of road or road segment to be improved or constructed. 2. Plans and specifications for the project or provision for their development and subsequent agreement thereon. 3. Schedule of construction or improvement work and designation of the party or parties to perform the work. 4. Estimates of cost of improvement or construction. 5. Agreement as to how cost of work is to be borne including arrangements to share in the work or to deposit funds with the performing party for a share of the costs. c. If funds are provided by Cooperator on an advance basis for work to be performed by the U.S. Forest Service, they shall be deposited in the Treasury of the United States to the credit of cooperative work, U.S. Forest Service. Any unused balance of cooperative funds for the purposes outlined in the project agreement shall be returned to Cooperator after completion of the work performed or upon agreement of the U.S. Forest Service. If the cooperative funds are made available on a reimbursement basis as the work progresses or upon its completion, the U.S. Forest Service shall submit to Cooperator periodic billings, but not more often than monthly, or a final billing as the case may be. The amount of cooperative funds as set forth in the project agreement shall be the maximum commitment of Cooperator to the project unless changed by a modification of the project agreement. If funds are provided by the U.S. Forest Service for work to be performed by Cooperator the arrangements shall be set forth in the project agreement. Payments to Cooperator shall be made as provided for in the project agreement. If it appears that the project cost may exceed the estimate and additional funds may- be aybe needed, no obligation shall arise against the Federal government with respect to the increased cost except by modification of the project agreement prior to incurring any commitment. Page 3 of 6 USDA, Forest Service OMB 0596-0217 FS -1 500-9 5. RIGHTS-OF-WAY. Easements or other interests in land acquired by either party shall be adequate to serve the road needs of both parties. The party having jurisdiction of an existing road or intended to have jurisdiction of a road to be constructed shall obtain the needed rights-of-way in its name. There shall be no provisions in any easement document that will prevent the U.S. Forest Service from using or authorizing the use of roads for which Federal funds were expended. Cooperator must be in a position to assure the U.S. Forest Service the continuance of such uses for the period needed. The party acquiring the easement or other interest in land shall obtain such title evidence and title approval as required in its acquisitions for roads of comparable standards. The costs of such easements or other interests in land are to be at the expense of the acquiring party. The U.S. Forest Service shall cooperate in the procurement of rights-of-way over land administered by other agencies of the United States required for any project included under this agreement and shall furnish Cooperator copies of survey notes, maps, and other records. To the extent possible under available authority, each party agrees to convey easements over lands or interests in lands it owns or administers to the other party in order to provide jurisdiction by the appropriate party as may be agreed to for any road or road segment listed on Schedule A. 6. ANNUAL MEETING AND CONTINUING CONSULTATION. Cooperator and U.S. Forest Service shall meet at least once each year to review matters covered by this agreement and to agree on actions to implement this agreement including, but not limited to, (1) approval of changes in the listing of roads on Schedule A; (2) approval of the annual maintenance plan; (3) approval of project agreements for construction or reconstruction; and (4) approval of transfer of jurisdiction of particular roads by easement conveyance. It is also the intent of the parties to arrange for continuing consultation between their representatives with the objective of reaching prompt agreement by the parties on all matters of mutual concern which are covered by this agreement. The Forest Supervisor of the Deschutes National Forest for the U.S. Forest Service, and the Road Department Director for Cooperator shall be responsible for making the arrangements for formal meetings and continuing consultation. 7. MODIFICATION AND TERMINATION. a. This agreement may be modified by mutual consent. b. This agreement may be terminated by either party upon at least 60 days prior written notice, except that such termination shall in no way affect or change any commitment made authorizing the use of roads or rights-of-way for purposes for which Federal funds were expended, or any operation in progress at time of notice, and provided that such termination shall in no way affect the agreement of the parties hereto with Page 4 of 6 USDA, Forest Service OMB 0596-0217 FS -1500-9J respect to any obligations incurred under the agreement until a full settlement has been made. 8. MISCELLANEOUS. a. It is understood that any default by a permittee or other authorized road user creates no liability on the part of the U.S. Forest Service. b. Nothing herein contained shall be construed to obligate the U.S. Forest Service or Cooperator beyond the extent of available funds allocated or programmed for this work, or contrary to applicable laws, rules, and regulations. c. No Member of, or Delegate to, the Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefits that may arise therefrom, unless it is made with a corporation for its general benefit. d. Where applicable, any contract, agreement, or understanding entered into pursuant to this agreement providing for work to be performed shall include the requirements of Federal laws, Executive orders, and Regulations. 9. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this instrument. Principal Cooperator Contacts: Cooperator Program Roger Olson 61 150 SE 27th Street Bend, OR 97702 Telephone: 541-322-7120 FAX: 541-388-2719 Email: rogero@co.deschutes.or.us Contact Cooperator Administrative Contact Tom Blust 61150 SE 27th Street Bend, OR 97702 Telephone: 541-322-7105 FAX: 541-388-2719 Email: tomb@co.deschutes.or.us Principal U.S. Forest Service Contacts: U.S. Forest Service Program Contact U.S. Forest Service Administrative Contact Peggy Fisher Deschutes NF, 1001 SW Emkay Drive Bend, OR 97702 Telephone: 541-383-5633 FAX: 541-383-5531 Email: plfisher@fs.fed.us Anne Doolin Deschutes NF, 1001 SW Emkay Drive Bend, OR 97702 Telephone: 541-383-5545 FAX: 541-383-5544 Email: adoolin@fs.fed.us Page 5 of 6 USDA, Forest Service OMB 0596-0217 FS -1500-9 10. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through December 31, 2014, at which time it will expire unless extended. 11. 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. DESCHUTES COUNTY U.S. Forest Service DESCHUTES NATIONAL FOREST DENNIS LUKE, Chair Date JOHN ALLEN Date County Commissioner Forest Supervisor ALAN UNGER, Vice Chair Date County Commissioner TAMMY BANEY Date County Commissioner The authority and format of this instrument have been reviewed and approved for signature. ANNE DOOLIN U.S. Forest Service Grants & Agreements Specialist Leh Ito 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 Intonation. 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, Targe print, audiotape, etc.) should contact USDA's TARGET Center at 202-720.2600 (voice and TDD). To Be 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. Page 6 of 6 FS Agreement No. 10-RO-11060120-028 SCHEDULE A In accordance with the criteria set forth in the Master Cooperative Forest Road Agreement, this schedule defines the specific maintenance responsibilities assumed by Deschutes County and the U.S. Forest Service. A. Roads under the jurisdiction of and for which all maintenance will be assumed by the County: Road Number Termini Length (miles) r Remarks 1110 MP 0.50 (Sisters UGB) to MP 4.20 (FS Rd 1600-370) 3/0 Three Creeks Road 1117 MP 0.00 (Hwy 20) to MP 0.60 (Peterson Ridge Road) 0.60 Harrington Loop Road - West end 1121 MP 0.0 (Hwy 20) to MP 1.60 (End of Pavement) 1.60 McAllister Road 3181 MP 4.96 (Yeoman Rd) to MP 5.27 (Bend City Limits) 0.31 Deschutes Market Road 3388 MP 0.84 (Bend UGB at Knott Rd) to MP 1.84 (Forest Boundary) 1.00 China Hat Road 3535 MP 1.96 (Bend City Limits) to MP 10.04 (FS Road 4601) 8.08 Skyliner Road 4106 MP 0.00 (Hwy 97) to MP 10.98 (South Century Dr) 10.98 Burgess Road 4107 MP 21.98 (OR Hwy 272) to MP 60.87 (Klamath Co Line) 38.89 Cascade Lakes Highway 4108 MP 0.00 (Hwy 97) to MP 1.01 (South Century Dr) 1.01 Vandevert Road 4112 MP 0.00 (Hwy 97) to MP 2.15 (Spring River Rd) 2.15 South Century Drive 4112 MP 2.15 (Spring River Rd) to MP 18.88 (Burgess Rd) 16.73 South Century Drive 4182 MP 0.00 (Hwy 97) to MP 19.35 (FS Rd 2100-730) 19.35 Paulina Lake Road FS Agreement No. 10-RO-11060120-028 4184 MP 0.00 (Hwy 97) to MP 1.30 (LaPine UGB and Forest Bdry) 1.30 Finley Butte Road 4192 MP 0.00 (South Century Dr) to MP 4.05 (River Summit Dr) 4.05 Spring River Road 4554 MP 0.00 (Century Dr) to MP 11.43 (Spring River Rd) 11.43 River Summit Drive 5104/25 MP 0.00 Hwy 20 to MP 6.59 (FS Bdry on Rd 25) 6.59 Spencer Well Road 5104/23 MP 0.00 (Spencer Well Rd) to MP 0.74 (FS Bdry on Rd 23) 0.74 Sand Spring Road (FS Rd 23) 5105 MP 0.00 (Hwy 20) to MP 3.34 (Forest Bdry at Rd 2017) 3.34 Pine Mountain Road B. Roads under the jurisdiction of and for which all maintenance will be assumed by the U.S. Forest Service: Road Number Termini Length (miles) Remarks 11 MP 0.00 (US Hwy 20) to FS Road 1170 20.75 Green Ridge Road 12 MP 0.00 (US Hwy 20) to MP 10.30 10.30 Jack Lake Road (Hwy 20 to Dahl Ranch) 12 MP 11.11 to FS Road 14 1.95 Jack Lake Road (Dahl Ranch to Lower Bridge) 14 FS Road 1419 to FS Road 12 10.62 Metolius River Road - Segment 2 (Road 1419 to Lower Bridge) 15 MP 0.00 (OR Hwy 242) to MP 1.80 1.80 Pavement Section 16 MP 4.20 (FS Rd 1600-370) to MP 14.29 10.09 Three Creek Lake Road (Pavement Section) 18 MP 1.84 (Forest Boundary) to Forest Boundary 44.80 China Hat Road 2017 MP 3.30 (Forest Bdry) to MP 8.10 (Pine Mtn Observatory) 4.80 Pine Mountain Road FS Agreement No. 10-RO-11060120-028 2070 MP 0.00 (US Hwy 20) to FS Road 2070-890 2.50 Suttle Lake Road (Hwy 20 to Camp Davidson) 2070-500 FS Road 2020 to End of Road 0.97 South Shore Campground Road 21 East Lake Resort to FS Road 18 9.01 Newberry Crater Road 2100-200 County Road 4182 to SnoPark 0.20 6 Mile SnoPark 2100-300 County Road 4182 to SnoPark 0.30 6 Mile SnoPark 2100-400 County Road 4182 to SnoPark 0.30 10 Mile SnoPark 2100-500 MP 0.0 (County Road 4182) to Paulina Peak 4.02 Paulina Peak Road 22 MP 1.30 (Forest Bdry) to Rd 22 39.98 Finley Butte Road 23 MP 0.74 (Forest Bdry) to Rd 22 35.78 Spencer Well Road 25 MP 6.59 (Forest Bdry) to Rd 18 4.01 Camp 2 Road 40 MP 4.05 (River Summit Dr) to Cascade Lakes Hwy 15.07 Three Trappers Road (Spring River Road) 41 MP 0.00 (OR Hwy 272) to Spring River Rd 11.33 Conklin Road 42 MP 18.88 (Burgess Rd) to Cascade Lakes Hwy 9.10 South Century Drive 4200-210 MP 0.00 (South Century Dr) to Subdivision 1.10 Forest Lane 4260 MP 0.00 (FS Rd 42) to End of Pavement 3.30 Twin Lakes Road 4270 MP 0.00 (FS Road 42) to FS Road 40 7.64 Crane Prairie Road 4600-500 Cascade Lakes Hwy to Resort 1.03 Lava Lakes Road 4604 MP 0.00 (Skyliner Rd) to Trailhead 0.05 Phil's Trailhead Road FS Agreement No. 10-RO-11060120-028 4606-900 MP 0.05 (Forest Bdry) to MP 0.75 (Harrington Loop) .025 Peterson Ridge Road 4625 Cascades Lakes Hwy to Cascade Lakes Hwy 3.75 Hosmer Lake / Elk Lake Loop 4635 Cascade Lakes Hwy to Cultus Campground 2.42 Cultus Lake Road 5810 MP 0.00 (OR Hwy 58) to Trapper Creek Bridge 2.00 Odell Lake Road 5825 MP 0.00 (OR Hwy 58) to End of Pavement 1.72 Mowich Road 60 MP 2.26 (FS Road 6005) to End of Pavement 5.85 Crescent Lake Road 62 MP 0.00 (US Hwy 97) to End of Pavement 11.06 Ringo Road 9702 MP 0.00 (Hwy 97) to Trailhead 3.82 East Benham Falls Road 9702-100 MP 0.00 (FS Rd 9702) to Lookout 1.63 Lava Butte Road