HomeMy WebLinkAboutSTP Fund Exchange Agrmt - ODOT0-t- Es02
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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.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 7, 2008
Please see directions for completing this document on the next page.
DATE: April 25, 2008
FROM: George Kolb, County Engineer Road Department 322-7113
TITLE OF AGENDA ITEM:
Consideration of signature of 2008 Fund Exchange Agreement No. 24872 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 2008 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 $488,023 STP federal funds for
$458,742 state funds. These funds will be used for the Johnson Road and Cinder Butte Road overlay
project scheduled for construction this year (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 $458,742 in state funds to be used for specific overlay
projects. This revenue and expenditure appropriation is included in the proposed FY 2008-09 budget.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Agreement No. 24872
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Originals are to be returned Wanda (ext. 7103) at the Road Department for forwarding on to ODOT ?or
their signatures.
Cheyenne Road, Cinder Butte Road, and Minnetonka Ln Overlay
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Locator Map
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Location of
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Printed: February 27, 2008
Key
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County Routes
- On/Off Ramp
ecce= Primary Highway Streams
Secondary Highway Rivers
Road Centerlines Q City Limits
- Canals
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The information on this map was derived from dgital del abases on
Deschutes County's G.I.S. Care was taken in the creat in of this
map, but it is provided"as is". Deschutes County canno. accept any
responsibility for errors, omissions, or positional accurac f in the digital
date or the underlying records. There are no warranties express a
implied, Including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. Howevr, notification
of any errors will be appreciated.
Map Deschutes County Road Department
Created
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John Anderson, GIS S:,ecialist
Phone (541) 322-7102
Email:johna®co,deschu*. es. or. us
Address: 61 150 SE 27th S
Bend• OR 9770
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COLLINS RD
Johnson Road Overlay
TUMALO RESERVOIR RD
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End Overlay at
Tumalo Reservoir Rd
Johnson Rd
Overlay
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Start Overlay
at bridge over
Tumalo Creek
STSTERS
Tr% e Locator Map 4F
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Location of
Overlay
BEND
REDMOND
Legend
) ( Bridge
- Streams
JohnsonRd
- State Hwy
Main Roads
- Cent'dines
Deschutes River
City Limits
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The information on thls map was derived from date' databases on
Deschutes Courtys G.I.S. Cee was taken In the creation of this
map, but it is provided'as is'. Deschutes County cannot accept any
responsibility for errors, onewtons, or postonel accuracy In the eigital
deft or the underlying records. There are no warranties, express or
Implied, Indudng the warranty of mereharaabllity or fitness for e
particular purpose, accompanying this prodld. However, notification
of any errors will be appreciated.
2 Miles
Printed: February 1. 2008
Deschutes County Road )epartment
civ Peuw
ey John Ander on, GIS Specialist
petit
Phonel541) 22-7102
Email'johnae :o.deschutes or us
Address 611/ 1 SE Orth 5[
Ben .OR97702
P:WrcGIS Projects\Overliys\Johnson\
Misc. Contracts & Agreements
No.24872
2008 FUND EXCHANGE AGREEMENT
Overlay Projects on Johnson Road and Cinder Butte Road
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, " collectively referred to hereafter as the "Parties".
RECITALS
1. Johnson Road and Cinder Butte Road are a part of the county road system under
the jurisdiction and control of Agency.
2. By the authority granted in ORS 190.110, 366.572 and 366.576, State 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 overlaying of portions of Johnson Road and Cinder Butte
Road, hereinafter referred to as "Project".
2. To assist in funding the Project, Agency has requested State to exchange 2008
Surface Transportation Program (STP) federal funds, which have been allocated to
Agency, for state funds based on the following ratio:
$94 state for $100 federal
3. Based on this ratio, Agency wishes to trade $488,023 STP federal funds for
$458,742 state funds.
4. State has reviewed Agency's prospectus, considered Agency's request for the Fund
Exchange, and has determined that Agency's Project is eligible for the exchange
funds.
5. This Agreement shall be for two (2) years beginning on the date all required
signatures are obtained and shall terminate two (2) calendar years later on the same
0 U E,:
Agency/State
Agreement No.24872
month and day, unless otherwise extended or renewed by formal agreement of the
Parties.
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 dollars transferred to Agency must be used for the Project. This
Fund Exchange is to provide funding for specific roadway projects or
may 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 state highway work.
ii. Purchase of Equipment. Agency shall clearly describe how it
plans to use said equipment on state highways. Agency shall
demonstrate that the equipment will only be used for state
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 $458,742. 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 written that sufficient funds
are available and authorized for expenditure to finance costs of this
Agreement within State's current appropriation or limitation.
F. Agency shall be responsible for all costs and expenses related to its
employment of individuals to perform the work under this Agreement,
including but not limited to retirement contributions, workers'
compensation, unemployment taxes, and state and federal income tax
withholding.
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, 279C.530 and 2796.270 incorporated herein by
reference and made a part hereof; Without limiting the generality of the
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Agency/State
Agreement No.24872
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 compile accurate cost accounting records. Agency shall bill
State in a form acceptable to State no more than once a month for costs
incurred on the Project. State will reimburse Agency at 100 percent of
the billing amount not to exceed $458,742. The cost records and
accounts pertaining to the work covered by this Agreement shall be
retained for inspection by representatives of State for a period of six (6)
years following final payment. Copies shall be made available upon
request.
J. Agency shall, upon completion of Project, maintain and operate the
Project at its own cost and expense.
K. All employers, including Agency, that employ subject workers who work
under this Agreement 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.
L. This Agreement may be terminated by mutual written consent of both
Parties.
1. 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.
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
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Agency/State
Agreement No.24872
after receipt of written notice from State fails to correct such
failures within ten (10) days or such longer period as State may
authorize.
2. 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.
3. Any termination of this Agreement shall not prejudice any rights or
obligations accrued to the Parties prior to termination.
M. State and Agency hereto 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 shall enter into and execute this Agreement during a duly authorized session
of its County Commissioners.
8. 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,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
9. 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
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Agency/State
Agreement No.24872
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year
hereinafter written.
The funding for this Fund Exchange program was approved by the Oregon
Transportation Commission on November 14, 2007, as a part of the 2008-2011
Statewide Transportation Improvement Program (STIP).
The Program and Funding Services Manager approved the Fund Exchange on April 7,
2008.
The Oregon Transportation Commission on June 18, 2003, 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.
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Agency/State
Agreement No.24872
Deschutes County, by and through its STATE OF OREGON, by and through
elected officials its Department of Transportation
By
Title
Date
By
Title
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Counsel
Date
Agency Contact:
George Kolb, County Engineer
Deschutes County
61500 SE 27th St.
Bend, OR 97702
541-388-6581
By
Region 4 Manager
Date
APPROVAL RECOMMENDED
By
District 10 Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date:
State Contact:
Darrell Newton, Local Agency Liaison
63085 N. Highway 97, Suite 101
Bend, OR 97701-5754
541-388-6272
Darrell. R. Newton@odot.state.or. us
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