HomeMy WebLinkAboutDoc 590 - IGA - STP Fund Exchg - PULLED00h
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 October 14, 2009
DATE: October 1, 2009
FROM: George Kolb, County Engineer
Road Department 322 -7113
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document No. 2009 -590, 2009 Fund Exchange Agreement No.
26256 addressing ODOT's and Deschutes County's responsibilities regarding exchange of 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 $12 million in 2009 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 $441,997 STP
federal funds for $415,477 state funds. These funds will be used for the Northwest Way and NW
Coyner Avenue overlay projects that were completed spring 2009 (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 $415,477 in state funds to be used for specific overlay
projects. This revenue and expenditure appropriation was included in the adopted budget.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Document No. 2009 -590, 2009 Fund Exchange
Agreement No. 26256.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Originals are to be returned Wanda Kunz (ext. 7103) at the Road Department to forward to ODOT
representatives 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:
10/1/09
Contact Person:
Please complete all sections above the Official Review line.
George Kolb
Department:
Contractor /Supplier /Consultant Name:
OD011
Road Department
Phone #:
322 -7113
Goods and/or Services: provides for the use of Surface Transportation Funds (STP)
by the County for road maintenance projects
Background & History: 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 $441,997 STP
federal funds for $415,477 state funds. These funds will be used for the Northwest Way
and NW Coyner Avenue overlay projects that were constructed spring of 2009 (see
attached map).
Agreement Starting Date:
after signature
upon signature
Annual Value or Total Payment:
$415,477
Ending Date:
2 years
Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
7 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 ❑ No
Departmental Contact:
Title:
County Engineer
George Kolb
Department Director Approval:
7
Signature
Phone #:
322 -7113
lD
ate
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
10/1/2009
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
10/1/2009
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Printed: February 5, 2009
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 dg -dal
data or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitne ;s for a
particular purpose, accompanying this product. Howeve , notification
of any errors will be appreciated.
Map Deschutes County Road Deparrnent
Created
By ,...
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John Anderson, GIS Specialist
Phone: (541 ) 322-7102
Email:johna @co.deschu.es. or.us
Address: 61 150 SE 27th ;t
Bend, OR 9771 2
P:\ArcGIS_Projects \Overlays\NW Redmond
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Misc. Contracts & Agreements
No. 26256
2009 FUND EXCHANGE AGREEMENT
Asphalt Overlay 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 offcials, hereinafter referred to
as "Agency," collectively referred to as the "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.
2. Northwest Way is classified as a rural collector road that currently carries up to
2,500 vehicles per day. The road is showing signs of deterioration, i.e., rutting and
cracking as a result of increased traffic from surrounding development.
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 3" asphalt overlay of Northwest Way from NW Odem Avenue,
to NW Maple Avenue, and NW Hemholtz Way from NW Coyner Avenue to Highway
126, 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 2009
federal funds, which have been allocated to Agency, for state funds based on the
following ratio:
$94 state for $100 federal
26256 1
4. Based on this ratio, Agency wishes to trade $441,977 federal funds for $415,477
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 $415,477. 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,
26256 2
279C.530 and 279B.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 $415,477, 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.
26256 - 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,
26256 - 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 each Party
has read this Agreement, understands it, and agrees to be bound by its terms and
conditions.
The funding for this Fund Exchange program was approved by the Oregon
Transportation Commission on November 7, 2009, as a part of the 2008 -209 Statewide
Transportation Improvement Program (STIP).
The Program and Funding Services Manager approved the Fund Exchange on July 20,
2009.
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.
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 August 2, 2005, the Director, Deputy Director, Highways and Chief Engineer
approved Subdelegation Order No. 5, in which the Director, Deputy Director, Highways
and Chief Engineer delegate authority to the Region Managers to approve and sign
intergovernmental agreements over $75,000 up to a maximum of $500,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program (STIP) or in other system plans approved by the Oregon Transportation
Commission or in a line item in the legislatively adopted biennial budget.
26256 5
Deschutes County, by and through its STATE OF OREGON, by and through
elected officials its Department of Transportation
By By
R4 Manager
Date Date
By APPROVAL RECOMMENDED
By
Date Gary Farnsworth - Central Oregon Area
Manager
APPROVED AS TO LEGAL Ni
SUFFICIENCY Date
By
Counsel APPROVED AS TO LEGAL
SUFFICIENCY
Date
Agency Contact:
George Kolb - County Engineer
61150 SE 27th St
Bend, OR 97702
(541)388 -6581
George_kolb @co.deschutes,or.us
State Contact:
Darrell R. Newton - Local Agency Liaison
63030 OB Riley Rd
Bend, OR 97701
(541) 388 -6025
Darrell.R.NEWTON a(�odot.state.or.us
By
Assistant Attorney General
Date:
DATED this Day of 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
DENNIS R. LUKE, Commissioner
ALAN UNGER, Commissioner
ATTEST:
Recording Secretary
26256 - 6