HomeMy WebLinkAboutDoc 141 - STP Fund Agrmt - ODOTDeschutes 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 March 25, 2015
Please see directions for completing this document on the next page.
DATE: March 5, 2015
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2015-141, 2015 Fund Exchange Agreement No.
30521 addressing ODOT's and Deschutes County's responsibilities concerning the exchange of Surface
Transportation Program (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 $15.0 million in 2015 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 $0.94 state for every $1 federal
exchanged. Based on this ratio, Deschutes County will exchange $642,098 STP federal funds for
$603,572 state funds. These funds will be used for the grind/inlay/overlay of Huntington Road and
Burgess Road.
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 $603,572 in state funds to be used for specific road
projects. This revenue and expenditure appropriation is included in the proposed FY 2015-16 budget.
RECOMMENDATION & ACTION REOUESTED:
Move approval of Board Signature on Document No. 2015-141,2015 Fund Exchange Agreement No.
30521 between ODOT and Deschutes County
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Original returned to Sheila OdIe (ext. 7148) at the Road Department for forwarding on to ODOT for
their signature.
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.)
Please complete all sections above the Official Review line.
Date: March 5, 2015! Department: !Roadl
Contractor/Supplier/Consultant Name: 1000]
Contractor Contact: IDarrell Newtonl Contractor Phone #: !541-388j
~272!
Type of Document: This is an IGA between ODOT and Deschutes County.
Goods and/or Services: Provides for the use of Surface Transportation Funds (STP)
by the County for road maintenance projects
Background & History: 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 $15.0 million in 2015 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 $0.94 state for every $1 federal exchanged. Based on this ratio,
Deschutes County will exchange $642,098 STP federal funds for $603,572 state funds.
These funds will be used for the grind/inlay/overlay of Huntington Road and Burgess
Road.
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.
Ending
Annual Value or Total Payment: 1$603,5721
D Insurance Certificate ReCei,ed (cleck box)
Insurance Expiration Date:
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
3/612015
Funding Source: (Included in current budget? ~ Yes 0 No
If No, has budget amendment been submitted? 0 Yes D No
Is this a Grant Agreement providing revenue to the County? 0 Yes D 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: 0 Yes D No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Phone #: 541
322-7113 =0/Department Director Approval: --:..."...o:;.-----=---..~--
Signature Date
Distribution of Document: Original returned to Sheila Odie (ext. 7148) at the Road
Department for forwarding on to ODOT for their signature.
Official Review:
County Signature Required (check one): D BOCC D Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____----J)
Legal Review Date
Document Number _____________
3/612015
Misc. Contracts and Agreements
No. 30521
2015 FUND EXCHANGE AGREEMENT
Huntington Road and Burgess Road Grind/lnlay/Over1ay Project
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 officials, hereinafter
referred to as "Agency," both herein referred to individually or collectively as "Party" or
"Parties."
RECITALS
1. By the authority granted in Oregon Revised Statute (DRS) 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 asphalt grindlinlay/overlay of sections of Huntington Road and
Burgess Road as shown on Exhibit A, attached hereto and by this reference made a
part hereof, 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 2015
federal funds, which have been allocated to Agency, for state funds based on the
following ratio:
$94 state for $100 federal
4. Based on this ratio, Agency wishes to trade $642,098 federal funds for $603,572
state funds.
Fund Exchange IGA (Revised July 30,2012) -1
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 $603,572. 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 with holdings.
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 DRS 279C.505, 279C.515, 279C.520,
279C.530 and 2798.270 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 DRS 659A.142; (iv) all regulations and administrative rules established
30521 -2
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 $603,572, 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. Employers Liability insurance with coverage limits of not less than
$500,000 must be included. 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.
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.
30521 -3
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,
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
30521 -4
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 their signing
representatives have read this Agreement. understand it, and agree to be bound by its
terms and conditions.
The funding for this Fund Exchange program was approved by the Oregon
Transportation Commission on March 21,2012, as a part of the 2012-2015 Statewide
Transportation Improvement Program (STIP).
The Program and Funding Services Manager approved the Fund Exchange on
February 17, 2015.
Signature Page to Follow
-5~30521
-------------------------------------------
DESCHUTES COUNTY, by and through STATE OF OREGON, by and through
its elected officials its Department of Transportation
By __~~~~______________ By ____=-__________________
Commission Chair Highway Division Administrator
DateDate
By ________________________
Commissioner APPROVAL RECOMMENDED
Date ______________________
By ______-----------------
Region 4 Manager
By ________________________ Date _____________________
Commissioner
Date ______________________
APPROVED AS TO LEGAL SUFFICIENCYAPPROVED AS TO LEGAL
SUFFICIENCY
By
By ________________________ Assistant Attorney General
Counsel Date._____________________
Date ______________________
Agency Contact:
George Kolb -County Engineer
6150 SE 2ih Street
Bend, OR 97702
(541) 388-6581
georgek@co.deschutes.or.us
State Contact:
Darrell Newton Local Agency
Programs Coordinator
63055 N. Highway 97, Bldg M
Bend OR, 97701-5765
(541) 388-6272
darrell. r. newton@odot.state.or.us
I
I
I
I
30521 -6
AGREEMENT NO. 30521 -EXHIBIT A
o 1.000 2.000 3,000 4.000 Feet
Printed: January 21,2014
Key
=-=-Roads 10 Overlay -State HighWay
-County Routes • Road Centerline.
) (Bridgas --RaUroad
CIRivera
n.elnlbmllllcn ...thls mep_ dlllvedfrollldgilal _ ..<II
o-hut. c...wu Itklft .....,eIlI"" .,tIHI
Mep,lIIIll DeICh__..Caunl)'cannot ..aopIlIIIY
or pHII...,..""""".1hII dlghal
There a ... n. w.,rontIeI, .....-fit ofl\WChsnl«bllly fit _ .......
...iII"uI;'"""",,_ ",Mlmpl,,",,",,tlHlp<_. ~.noaklll..
30521 7
AGREEMENT NO. 30521 -EXHIBIT A
Huntington Road Grind / Inlay
I
/
Printed: January 14, 2014
Key
1m Ander'lOn, GIS Analyst=-=-: Grind and Inlay _,(54!) J1HWI) (Bridges
bJlait; JUlII\~ltCltesucv -County Routes Mdresr. G11 so Sf.' 21th St ~Railroad II<Ind. Ol\ 9771)1
-State Highway Canals
Road Centerline. ,~. Road Department
, City Limits
30521 8
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 March 11, 2015
Please see directions for completing this document on the next page.
DATE: March 5, 2015
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2015-141, 2015 Fund Exchange Agreement No.
30521 addressing ODOr's and Deschutes County's responsibilities concerning the exchange of Surface
Transportation Program (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 $15.0 million in 2015 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 $0.94 state for every $1 federal
exchanged. Based on this ratio, Deschutes County will exchange $642,098 STP federal funds for
$603,572 state funds. These funds will be used for the grind/inlay/overlay of Huntington Road and
Burgess Road.
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 $603,572 in state funds to be used for specific road
projects. This revenue and expenditure appropriation is included in the proposed FY 2015-16 budget.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board Signature on Document No. 2015-141,2015 Fund Exchange Agreement No.
30521 between ODOT and Deschutes County
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Original returned to Sheila OdIe (ext. 7148) at the Road Department for forwarding on to ODOT for
their signature.