HomeMy WebLinkAboutDoc 420 - Road Project Agrmt - USDA USFS1
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 30, 2010
Please see directions for completing this document on the next page.
DATE: June 21, 2010
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2010-420, Road Project Agreement between Deschutes
County and the USDA, Forest Service
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
On June 23, 2010, the Board of County Commissioners signed the Cooperative Forest Road Agreement
(Document No. 2010-375) with the Forest Service (USFS) which sets forth the general terms and
conditions, acceptable to both Deschutes County and the USFS for the cooperative planning, survey,
design, construction, reconstruction, improvement and maintenance of both County Roads and roads
administered by the USFS. The Cooperative Agreement allows for specific project agreements
between the parties with the intent of completing work as available funds or work opportunites allow
This Road Project Agreement concerns the improvements to Deschutes Market Road along the front ge
of the Pine Nursery property owned by the USFS. The USFS will be relocating the Deschutes Natio] [al
Forest Headquarters onto this property and as a result of the increased traffic generated by the
headquarters, they are responsible for construction of a left turn lane onto the property. This agreem. nt
outlines the responsibilites of both the County and USFS concerning these road improvements and
subsequent maintenance. It also outlines the fiscal responsibilities of both agencies. The USFS is
requesting that two (2) copies of the document be signed by the Board of County Commissioners and
they will return one signed original to the County for their records.
FISCAL IMPLICATIONS:
The Road Department will waive the $250 plan review fee but the USFS will pay the Road Departmf. nt
the required inspection fee of $1,330. The Road Department currently maintains Deschutes Market
Road and will continue to do so after the improvements are completed. This project does not add ani,
miles onto the County maintenance system.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Document No. 2010-420. (two (2) copies each)
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Wanda Kunz (ext. 7103) at the Road Department
541 -383 -
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 21, 2010
Please complete all sections above the Official Review line.
Contractor/Supplier/Consultant Name:
Contractor Contact:
5614
Doug Seaman
Department:
Road
USDA, Forest Service
Type of Document: Road Project Agreement
Contractor Phone #:
Goods and/or Services: Outlines the responsibilities of both the County and Forest
Service concerning the improvements to Deschutes Market Road as a result of the
relocation of Forest Headquarters onto the Pine Nursery Property
Background & History: On June 23, 2010, the Board of County Commissioners
signed the Cooperative Forest Road Agreement (Document No. 2010-375) with the
Forest Service (USFS) which sets forth the general terms and conditions, acceptable to
both Deschutes County and the USFS for the cooperative planning, survey, design,
construction, reconstruction, improvement and maintenance of both County Roads and
roads administered by the USFS. The Cooperative Agreement allows for specific
project agreements between the parties with the intent of completing work as available
funds or work opportunites allow. This Road Project Agreement concerns the
improvements to Deschutes Market Road along the frontage of the Pine Nursery
property owned by the USFS. The USFS will be relocating the Deschutes National
Forest Headquarters onto this property and as a result of the increased traffic
generated by the headquarters, they are responsible for construction of a left turn lane
onto the property. This agreement outlines the responsibilites of both the County and
USFS concerning these road improvements and subsequent maintenance. It also
outlines the fiscal responsibilities of both agencies.
Agreement Starting Date:
31, 2012
June 30, 2010
Annual Value or Total Payment:
N/A1
Ending Date:
Insurance Certificate Received check box)
Insurance Expiration Date:
December
Check all that apply:
f l RFP, Solicitation or Bid Process
Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
6/18/2010
Funding Source: (Included in current budget? [ I 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 _ 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 n No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
Department Director Approval:
Phone #:
/0)
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
6/18/2010
USDA, Forest Service
OMB 0596-0217
FS -1500-9A
FS Agreement No. 10-RO-11060120-030
Cooperator Agreement No.
ROAD PROJECT AGREEMENT
Between
DESCHUTES COUNTY, OREGON
And The
USDA, FOREST SERVICE, DESCHUTES NATIONAL FOREST
This Project Agreement (agreement) is hereby made and entered into by and between Deschutes
County, Oregon, hereinafter referred to as "the County, or Cooperator" and the USDA Forest
Service, Deschutes National Forest, hereinafter referred to as the "U.S. Forest Service," as
specified under the authority and provisions of the Forest Development Road Cooperative
Agreement #10-RO-11060120-028 executed between the parties on June 23, 2010.
I. BACKGROUND:
The parties entered into a Forest Development Road Cooperative Agreement (Coop Agreement)
on June 23, 2010. This Coop Agreement allows for the parties to cooperate in the planning,
survey, design, construction, reconstruction, improvement and maintenance of certain forest
development 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.
• Work must be completed in accordance with ageed upon standards.
Page 1 of 5
IJSDA, Forest Service
OMB 0596-0217
FS -1500-9A
H. PURPOSE:
The purpose of this Project Agreement (agreement) is to document the parties' cooperation in the
improvement of Deschutes Market Road along its frontage with the Bend Pine Administrative
Site, the location of the new offices for the Deschutes National Forest Headquarters and the Bend
Fort Rock Ranger District. The County and the Forest Service agree that the widening of
Deschutes Market Road to include a center turn lane is necessary to provide for the safe and
efficient access for the increased vehicular traffic to the Bend Pine Administrative Site that will
result from the construction of the Forest Service offices. The work is as described in the hereby
incorporated Financial Plan, attached as Exhibit A.
III. THE COOPERATOR SHALL:
A. Retain jurisdiction and maintenance of Deschutes Market Road during the completion of the
improvements.
B. Provide timely reviews of the design, specifications, cost estimates, and construction
activities.
C, Inspect the work to ensure compliance with County regulations and standards.
D. Upon completion of the widening and center turn lane on Deschutes Market Road, assume
operation and maintenance responsibility for the improved roadway.
E. Grant to the Forest Service a driveway permit for the new entrance road onto the Forest
Service property from Deschutes Market Road.
F. Perform in accordance with the Financial Plan, Exhibit A.
IV. THE U.S. FOREST SERVICE SHALL:
A. Provide for the design for the widening and center turn lane on Deschutes Market Road
including shoulder improvements for pedestrian traffic.
B. Prior to beginning construction work, provide the County an opportunity to review the final
versions of the completed design, specifications, and cost estimates for the work for the
County's concurrence.
C. Provide for the construction funding including any contract modifications, the construction
contract and contract administration for the widening and center turn lane on Deschutes
Market Road including shoulder improvements for pedestrian traffic.
D. Complete all work for the widening and center turn lane on Deschutes Market Road and
shoulder improvements for pedestrian traffic by October 31, 2011.
E. Grant to the County additional easement width along the Forest Service property to
accommodate the increased width of the improvements on Deschutes Market Road.
F. Perform in accordance with the Financial Plan, Exhibit A.
V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE
PARTIES THAT:
Page 2 of 5
USDA, Forest Service
OMB 0596-0217
FS -1500-9A
A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective
areas for matters related to this instrument.
Principal Cooperator Contacts:
Cooperator Prr
Name: George Kolb
Address: 61150 SE 27th Street
City, State, Zip: Bend, OR 97702
Telephone: 541-322-7113
FAX: 541-388-2719
Email: georgek@co.deschutes.or.us
am Contact Cooperator Administrative Contact
Name: Tom Blust
Address: 61150 SE 27th Street
City, State, Zip: 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
Name: Doug Seaman
Address: 1001 SW Emkay Drive
City, State, Zip: Bend, OR 97701
Telephone: 541-383-5614
FAX: 541-383-5531
Email: dseanian@ts.fed.us
Name: Anne Doolin
Address: 1001 SW Emkay Drive
City, State, Zip: Bend, OR 97701
Telephone: 541-383-5545
FAX: 541-383-5544
Email: adoolin@fs.fed.us
B. In the event of a conflict between this Project Agreement and the Coop Agreement, the later
shall take precedence.
C. FREEDOM OF INFORMATION ACT (FOIA). Information furnished to the U.S. Forest
Service under this agreement is subject to the Freedom of Information Act (5 USC 552).
D. FUNDING EQUIPMENT. Federal funding under this agreement is not available for
reimbursement of Cooperator's purchase of equipment.
E. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S.
Forest Service or Cooperator from participating in similar activities with other public or
private agencies, organizations, and individuals.
F. ENDORSEMENT. Any of Cooperator's contributions made under this agreement do not by
direct reference or implication convey U.S. Forest Service endorsement of Cooperator's
products or activities.
G. 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.
Page 3 of 5
USDA, Forest Service
OMB 0596-0217
FS -1500-9A
H. MODIFICATION. Modifications within the scope of this agreement shall 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.
I. 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.
J. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of
last signature and is effective through December 31, 2012, at which time it will expire unless
extended.
K. 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
Page 4 of 5
USDA, Forest Service
OMB 0596-0217
FS -1500-9A
The authority and format of this instrument have been reviewed and approved for
signature.
OMPV D � l.11 1l2.1 10
ANNE DOOLIN Date
U.S. Forest Service Grants & Agreements
Specialist
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.
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 Clvil 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 5 of 5
U.S. Forest Service
USFS Agreement No.:
Cooperator Agreement No.:
10-RO-11060120-030
Mod. No.:
Agreements Financial Plan (Short Form)
OMB 0596-0217
FS -1500-17B
1. Financial Plan Matrix:
Note: All columns may not be used. Use depends on source and type of contribution(s).
Matchintt Costs Determination
Total Forest Service Share =
(a+b)-(e)=(f)
Total Cooperator Share
(c+d) - (e) _ (g)
Total (f+g) = (h)
(f)
99.93%
(9)
0.07%
(h)
100 00
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 &
(3) There is no other Federal funding
n
Forest Service reimbursement percent (as 9% of expenses directly incurred by the Cooperator- i.e., Cooperator's non-cash
contributions only that are subject to Forest Service reimbursement)
l h) = (b+c) _ (i)
(i)
0.00%
Cooperator non-cash contributions not reimbursed by Forest Service (j)
(c) - (b+c) _ (j)
100 00%
Reimbursable Amount = Total actual cost incurred to date (sum of cost elements from the Cooperator's invoice as
prescribed in agreement provision and multiplied by
0 00%
(i) minus any previous Forest Service payments, not to exceed the subtotal amount listed in column (b).)
Page 1
FOREST SERVICEt`.LlNThlBUl IONS
O OP$iRATflP(oNThk .IDONs
(a)
Noncash
(b)
Cash
to
Cooperator
(c)
Noncash
(d)
Third Party
In -Kind
COST ELEMENTS
(6)
Total
Direct Costs
Salaries/Labor
$22,380.00
ter,
$22.380 00
Travel
$598.00
$59is 00
Equipment
SO 00
Supplies(Matertals
50 00
Printing
$0 00
Road Construction $
5318,124.13
$318,124.13
County Fees
$1,390.00
5250.00
51,64000
Subtotal
5342,492 131
$0 00
$250 00
$0 00�
5342,742 13
Coop Indirect Costs
50.00
FS Overhead Costs
50.00
Total
$342.492 13
$000
5250 00
SO 00
Totat Prrpject Value:
$342,742 13
Matchintt Costs Determination
Total Forest Service Share =
(a+b)-(e)=(f)
Total Cooperator Share
(c+d) - (e) _ (g)
Total (f+g) = (h)
(f)
99.93%
(9)
0.07%
(h)
100 00
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 &
(3) There is no other Federal funding
n
Forest Service reimbursement percent (as 9% of expenses directly incurred by the Cooperator- i.e., Cooperator's non-cash
contributions only that are subject to Forest Service reimbursement)
l h) = (b+c) _ (i)
(i)
0.00%
Cooperator non-cash contributions not reimbursed by Forest Service (j)
(c) - (b+c) _ (j)
100 00%
Reimbursable Amount = Total actual cost incurred to date (sum of cost elements from the Cooperator's invoice as
prescribed in agreement provision and multiplied by
0 00%
(i) minus any previous Forest Service payments, not to exceed the subtotal amount listed in column (b).)
Page 1
U.S. Forest Service
OMB 0596-0217
FS -1500-17B
2. Cost Analysis:
Use the following section to show additional information that supports the lump sum figures
provided above. The following Cost Analysis boxes, (a) -(d), should provide a cost analysis of the
corresponding matrix columns, (a) -(d), above, e.g. matrix column (a) FS Non -Cash Contribution
should be analyzed under block (a), below, and matrix column (b) In -Kind Contribution should be
analyzed under block (b), below, etc. Furthermore, each cost analysis box, below, should have clear
labels indicating which cost element, above, is being analyzed, e.g. Salary/Labor = hrs or days x
rate; Travel = miles x rate, or months x FOR rate (that is, 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.
If necessary, add additional sheets for cost analysis. To compress any unwanted portion(s) of this
section, highlight the section to be hidden, then select "Format", "Row", and "Hide" from the toolbar.
Column (a)
Forest Service
Noncash Contribution
Column (b)
Forest Service Cash
to Cooperator
Column (c)
Cooperator
Noncash Contribution
Column (d)
Cooperator
Third Party
In -Kind
Contribution
Forest Service contributions include the following: cost of construction contract
including road widening and center turn lane on Deschutes Market Road and
shoulder improvements for pedestrian traffic ($318,124.13); cost of contract
administration (60 days @ $373/day); cost of vehicle (2 months @ $254/month &
360 miles @ $0.25/mile). The forest will also cover the following county
transportation related fees: $1/1f inspection fee ($1,330); $60 access permit fee.
The county will be waiving the normal $250 plan review fee for transportation
related projects
Page 2
U.S. Forest Service
OMB 0596-0217
FS -1500-17B
3. Instructions: Use this form in conjunction with FSH 1509.11, Ch. 70, Financial Planning Requirements. Use Cost
Elements that apply to the particular project by inserting the amount of contribution in the appropriate box based on
contributor and type of contribution. The Cost Elements listed are those commonly used. The two "Other" Cost Elements
can be replaced with a Cost Element unique to your agreement, for example 'sub -contracts'.
After inserting all contributions in Section 1, complete Section 2 by providing a cost analysis of the figures entered into
Section 1.
(a) Forest Service Non -Cash 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 wit 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, Third Party 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.
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 cornplete 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.
Page 3