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Home My WebLink AboutIGA - BLM re 19th St Extension Right of Way�v5C ES 4` G t� 2� .( Deschutes 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 January 7, 2009 Please see directions for completing this document on the next page. DATE: December 30, 2009 FROM: George Kolb, County Engineer Road Department 322-7113 TITLE OF AGENDA ITEM: Consideration of Signature of a Cost Reimbursement A reement between Deschutes County and the. Bureau of Land Management (BLM) concerning the 19t Street extension right-of-way and environmental studies on federal lands. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: This agreement establishes procedures to reimburse BLM for costs incurred in processing the right )f - way application, Serial No. 65448 for the proposed extension of 19th Street from Redmond to Deschutes Junction. Included in this process will be the preparation of the appropriate National Environmental Policy Act documents related to this project. This agreement applies only to federal lands under the jurisdiction of the BLM. FISCAL IMPLICATIONS: The cost of the work done by the BLM will be reimbursed through Agreement No. 24,883 with ODOT that was signed by the Board of County Commissioners on December 10, 2008. This agreement provided Deschutes County with funding through the Federal -Aid Surface Transportation (STP) program in the amount of $490,000. BLM's estimate of the cost of their services is estimated to be $27,795.54. The BLM will require a deposit of $20,000 up -front but this deposit will be reimbursed through the STP agreement. RECOMMENDATION & ACTION REQUESTED: The Road Department recommends signature of the Cost Reimbursement Agreement. ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: The original signed document is to be returned to Wanda Callahan (Ext. 7103) at the Road Departn ent for forwarding on to BLM for their signatures. 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: 1/2/06 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Contractor Contact: Type of Document: BLM. Janet Hutchison Road Bureau of Land Management(BLM1 Contractor Phone #: 416-6710 Cost recovery agreement between the Road Department and the Goods and/or Services: This agreement establishes procedures to reimburse the BLM using funding provided through the Federal -Aid Surface Transportation program for costs incurred in processing the right-of-way application and environmental studies on the federal lands affected by the 19th St. extension project. Background & History: Deschutes County has been working with the BLM on the extension of 19th St. from Redmond south to Deschutes Market Road. The proposed alignment crosses federal lands therefore a right-of-way will need to be granted by the BLM to Deschutes County. Part of the process for the right-of-way grant is the completion of an environmental study. The Road Department has met with the BLM on site to walk the project and they are now ready to start the Determination of National Environmental Policy Act (NEPA) Adequacy (DNA). Agreement Starting Date: 01/2009 Annual Value or Total Payment: $27,795.54 Ending Date: ❑ Insurance Certificate Received check box) Insurance Expiration Date: 10/2009 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 If No, has budget amendment been submitted? ❑ Yes 1111 No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No 12/31/2008 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: 7105 rrom Blust Phone #: Department Director Approval: Signature Date 322 - Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Tom Blust, Road Department Official Review: County Signature Required (check one): CI BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review Date Document Number 12/31/2008 United States Department of the Int IN REPLY REFER TO: OR 65448 (OR056) NOV 19 2008 BUREAU OF LAND MANAGEMENT Prineville District Office 3050 N.E. 3rd Street Prineville, Oregon 97754 Tom Blust Deschutes County Road Department 61150 SE 27th Street Bend, OR 97702 Dear Tom: CEIVEL NOV 2 0 2008 DESCHUTES CO ROAD DEPT I have enclosed the Cost Recovery Agreement (Agreement) between Deschutes County Public Works Department (Deschutes County) and the Bureau of Land Management (BLM). This agreement establishes procedures to reimburse us for costs incurred in processing your right-of- way application, serial number 65448, for the proposed 19th Street Extension. The agreement covers only our lands not private lands or State lands. However, State lands on the north end of the proposed 19th Street Extension were recently managed by BLM and perhaps the State would allow you to use the surveys that we completed prior to conveyance. There are three exhibits with the agreement for direct and indirect costs, work plan, and a financial plan. The Work Plan assumes that we will be able to prepare a Determination of National Environmental Policy Act (NEPA) Adequacy (DNA) for this proposal. If issues or concerns change and we have to prepare a different NEPA document, the time required and the estimated labor costs to complete this project will increase. Please review our standard agreement and have the Deschutes County Commissioners sign in the space provided. If you would like to discuss our process further, please contact Janet Hutchison, District Realty Specialist, (541) 416-6710 or email her at jlhutchi@or.blm.gov. Sincerely Molly Brox�vn Field Manager, Deschutes Resource Area 1 - Enclosure 4'0 la -WED COt UNSEL._.,,.. COST REIMBURSEMENT AGREEMENT BETWEEN DESCHUTES COUNTY PUBLIC WORKS DEPARTMENT AND THE BUREAU OF LAND MANAGEMENT PRINEVILLE DISTRICT OFFICE BLM Cost Recovery Project Number 5101 -ER- I. AUTHORITY A. Section 304(b) and 504(g) of the Federal Land Policy and Management Act (FLPMA) 143 U.S.C. 1734(b) and 1764(g)], as amended. B. 43 CFR Subpart 2804. II. PURPOSE This Cost Recovery Agreement ("Agreement") between Deschutes County, and the Bureau of Land Management ("BLM"), establishes procedures to reimburse BLM for costs incurred in processing Right -of -Way Application, Serial No. 65448 ("Application") for a proposed road access, approxin ately 100 feet wide and 21,120 feet in length, encompassing 48.5 acres. This agreement is only for the public lands managed by BLM involved in the proposed 19th Street Extension. The legal descriptions for the proposed road access are; Version 4/06/05 T. 15 S., R. 13 E. Section 32, E1/2E1/2 (only 40 feet adjacent to Section 33) T. 16 S., R. 13 E., Section 5, Lots 1-4, Section 6, Lot 1, SE1/4SW'/4, SE`/4, Section 7, Lots 2-4, Et/2W'/z, T. 16 S., R. 12 E., Section 13, E`/ASW1/4NE'/4, SEt/4SW`/4, W'/2SE1/4, Willamette Meridian, Oregon DC 2OO`:'-x,!12 III. GENERAL PROVISIONS A. BLM agrees to process the Application to the extent funding under this Agreement permits. Processing will include, but not be limited to: coordination, preparation, administration and approv a1 of all necessary environmental analyses, including preparation of the appropriate National Environme ital Policy Act (NEPA) document; consultation with appropriate Federal, State, Tribal, and local offici; tis; preparation of the administrative record; resolving any protests, appeals and/or litigation that mighiii result from the proposal; preparation of all decisions and authorizations resulting from those decisi )ns; monitoring the construction, operation and termination of any resultant authorization; and other necessary processing actions consistent with the final determination. B. BLM will advise Applicant of the nature and extent of all studies needed to comply witl i NEPA and other requirements, as discussed in Section A above, and BLM will have the opportunii y to use studies prepared by Applicant's personnel and consultants wherever such studies meet BLM standards and the requirements of law. C. BLM will administer this Agreement and process the Application so as to avoid unnecessary employment of personnel, limit expenditure of funds, and make every reasonable effort to process he Application and make a decision concerning the Application in a timely and workmanlike manner. D. The parties understand and agree that the purpose of this Agreement is limited to reimbursement of costs incurred by BLM and that it does not control any matter beyond the scope )f this Agreement. E. The designated points of contact with whom each party to this Agreement will communicate concerning any aspect of this Agreement are as follows: Name: Address: Phone No.: Fax No.: Email: BLM Applicant Janet Hutchison 3050 NE Third Street Prineville, OR 97754 541 416-6710 541 416-6798 j 1 hutchi(&,,or.blm.gov Tom Blust 61150 SE 27th Street Bend, OR 97702 541 322-7105 541 388-2719 tornb@co.deschutes.or.us F. Either party may designate a different point of contact by notifying the other party in wi iting of such change. IV. REIMBURSABLE COSTS A. In accordance with Section 304(b) of FLPMA, Applicant agrees to reimburse BLM for reasonable costs incurred by BLM for processing the Application, and should the Application be approved, for issuing a right-of-way grant and monitoring the construction, operation, maintenanc ; and termination of authorized project facilities. Version 4/06/05 B. Further, in accordance with 43 CFR 2804.14(f), Applicant waives consideration of reasonable costs, as would be determined under 43 CFR 2804.20 and 2804.21, and agrees to pay alL actual costs incurred by BLM related to this Application. C. Actual costs incurred by BLM include direct and indirect costs, as defined in Exhibit 1. The Work Plan, Exhibit 2, identifies, to the best of BLM's knowledge, the anticipated work needed for processing the Application. Exhibit 3, Financial Plan, is an estimate of direct and indirect costs expected to be incurred by BLM in processing the Application. This cost estimate may be amende, i, in writing, should actual costs exceed estimated costs. V. PAYMENTS AND ACCOUNTING A. Applicant's reimbursement of BLM's actual costs shall consist of the initial deposit of $20,000.00, received on the date this agreement is authorized, and periodic payments, as needed, to complete processing the Application, and, if approved, issue the grant, and monitor the construction, operation and termination of the project. B. The total reimbursement for costs incurred by BLM in processing the Application is estimated to be $ 27,795.54 . If BLM determines that additional funds are needed, BLM shall re - estimate such amounts and provide Applicant written notice of the determination and resultant estimated costs. If payments made by Applicant exceed actual costs incurred, BLM will promptly refund the excess or adjust the next billing to reflect the excess. C. To avoid possible delays in processing the application, BLM will monitor the account and, at such times that the balance drops to $10,000.00, the Authorized Office will send a bill requesting additional funds in the amount of $7,795.54. If BLM has to complete a higher level NEPA document, the additional funds would be in $20,000.00 increments. Applicant agrees to pay the bill within 1:`, calendar days of receipt. Funds must be received prior to BLM incurring costs. D. BLM will provide Applicant with statements of BLM expenditures if requested. If requested by the applicant, statements will be sent within 30 days after the end of the month. E. Applicant shall have the right to conduct, at its own expense, reasonable audits of the books, records, and documents of BLM relating to the items on any particular accounting statement provi Jed by BLM. Applicant shall have 30 days after receipt of the statement to raise objections to, or disp rte, any particular entry or cost item. F. BLM shall provide full justification of any disputed entry or cost item within 30 days o receipt of the objection or will delete the entry or cost item. If Applicant still objects to the entry l:lr cost item, Applicant may submit an appeal to the State Director within 30 days of receipt of BLM's justification. The State Director's decision is the final administrative decision related to such entr{ or cost item. G. In accordance with 43 CFR 2804.27, should BLM deny the Application, Applicant mu ;t reimburse BLM for all costs BLM incurred in processing the Application. If Applicant withdraw: the Version 4/06/05 Application, Applicant must reimburse BLM for processing costs incurred by BLM in closing its review of the Application. VI. EFFECTIVE DATE This Agreement shall be effective as of May 5, 2008, the date the application was filed with BLM. Unless terminated earlier, this Agreement shall continue so long as Right -of -Way Case OR 65448 s active. VII. TERMINATION Either party to this Agreement may terminate this Agreement with written notice to the other party. However, termination of this Agreement does not waive Applicant's responsibility for payment of 13LM costs incurred as provided in Section VI of this Agreement. XIII. OTHER PROVISIONS Except as specifically provided in this Agreement, Applicant does not waive any administrative or jurisdictional rights it may otherwise have. IX. SIGNATURES OF AGREEMENT Deschutes County Board of Commissioners: Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, COMMISSIONER DENNIS R. LUKE, COMMISSIONER Recording Secretary ALAN UNGER, COMMISSIONER Bureau of Land Management: Signature (Molly Brown, Field Manager, Deschutes Resource Area) Date Version 4/06/05 Exhibit 1 Description of Direct and Indirect Costs Direct costs are those costs which can be specifically identified with the Application and which are incurred for the benefit of Applicant in that the costs would not have been incurred but for the Application and are appropriate in order for BLM to process the Application. Examples of direct c csts include, but are not limited to, personnel costs in the form of wages paid to BLM personnel working on the Application, with allowances provided for fringe benefits and leave surcharge rate and any oveatime associated with processing the Application; travel expenses; purchased services, if necessary, such as printing, automated data processing services and photographic reproduction; and any miscellaneou ; supplies and equipment of a specialized nature, the use of which is directly applicable to processin;; the Application. Indirect costs are those which cannot be specifically identified with the Application. These indirec t costs have been calculated at a fixed rate of 17.1% of direct costs. This percentage figure has bee], developed in accordance with Department of the Interior procedures and represents those administa ative and program costs, excluding management overhead, which can be attributed to processing the Application. Indirect costs include a portion of the costs for capitalized and non -capitalized equip] hent; space rental; telephone services; postage; personnel transfer costs; budget and program developme administrative and clerical support; training; safety management; public information, inquiries and. reports; cartography and basic series mapping; aviation management; telecommunications; mainteaiance of equipment and tools; and systems design and implementation. Excluded from indirect costs are costs for managerial work; evaluations of field office activities; program coordination; technical program direction; environmental education; interagency planniv; studies and research; preparation of environmental documents relating to general program planning; law enforcement; and firefighting. Version 4/06/05 Exhibit 2 Work Plan Schedule This work plan schedule assumes that a Determination of National Environmental Policy Act (NEPA) Adequacy (DNA) will be prepared for this project. If conditions change and BLM has to prepare a different NEPA document, the time required and the estimated labor costs to complete this project will increase. TASK DATE TIME RESPONSIBLE REQUIRED PARTY Review of Application and Plan of Development 5/08 10 days BLM Establish reimbursable account 10/08 2 days BLM, Applicant Field work and proofing the proposed route 11/08 — 6/09 as required BLM, Applicant Preparation of the DNA 7/09 45 days BLM Review DNA, incorporate comments 8/09 30 days BLM Issue Grant 10/09 2 days BLM Hold Pre -construction meetings 1 day BLM Start Construction and Compliance Inspections as required BLM Information to be Supplied by Applicant Technical drawings, Plan of Development, survey drawings and other information specifically reh ted to the proposed project Coordination with Others Deschutes County will coordinate this proposed project with the following agencies/individuals: State of Oregon, Burlington Northern/Santa Fe Railroad, and Private Land Owners Version 4/06/05 Exhibit 3 Financial Plan for Right -of -Way Application OR 45448 Estimated Estimated Personnel Needed for Processing Processing Hours Labor Costs Realty Specialist/Land Law Examiner 80 $ 3,916.80 Cultural/Paleontological Resources 358 $ 16,231.72 T&E Species (Botany) 20 $ 814.60 Wildlife/Fisheries 40 $ 2,183.60 Engineer 20 $ 1,474.00 Recreation/Visual 14 $ 664.30 Range 32 $ 1,577.92 Fluids/Minerals $ Administration/Contracting $ NEPA Coordinator 8 $ 440.00 Manager 8 $ _ 493.20 TOTAL HOURS 560 TOTAL LABOR $ 27,795.54 Total Direct (Labor) Costs $ 27,795.54 Total Direct Costs $ 27,795.54 Indirect Cost Rate 17.1% $ 4,753.05 GRAND TOTAL $ 32,548.69 rounded to $ 32,549.00 Version 4/06/05