AGREEMENTS STEWARDSHIP AOCLOC MASTER AGREEMENT CERTIFICATION MASTER

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AGREEMENTSSTEWARDSHIPAOC/LOCMASTER
AGREEMENTCERTIFICATION MASTER

• Presented by
• Julie Redden, Policy Analyst
• Local Government Section
• [phone]
• Julie.k.redden_at_odot.state.or.us

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Who says money doesnt grow on trees?

• FHWA -- Federal Aid Highway Program
• ? Stewardship agreement with FHWA
• ODOT Administers Federal Aid Program
• ? Agreement with Local Agency
• Local Agency (LA) Receives Uses Funds
• Certified Agency process
• Non-Certified Agency process

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• Federal Highway Administration
• Stewardship Plan

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What Is Stewardship?

• Stewardship is a plan between ODOT and FHWA that
  provides 1) oversight
• and 2) accountability
• for carrying out Federal-aid Highway Program
• .

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The Stewardship Plan ensures

• compliance with the laws, regulations, and other
  applicable requirements.
• that expended funds result in high quality, cost
  effective products for the taxpayer.

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The Stewardship Agreement

• Implemented the program efficiencies of the
  Intermodal Surface Transportation Efficiency Act
  of 1991 (ISTEA).

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1991 Program Efficiencies
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1991 Efficiencies Allow ODOT

• To approve plans, specifications, and estimates
  (PSEs) for 3R projects on the National Highway
  System (NHS)
• To forego FHWA review and approval of PSEs for
  NHS projects with an estimated construction cost
  of less than 1,000,000 and non-NHS projects
  regardless of size.

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3R Projects ( on the N H S )

• resurface
• restore, and
• rehabilitate

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Under Stewardship

• 1. FHWA approved the use of AASHTO guides and
  construction standards on construction projects
  on the NHS.
• 2. State laws, rules, and regulations are
  applicable to the design, construction,
  operation, and maintenance of non-NHS Federal-aid
  projects.

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Design Standards Selection Matrix
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OVERSIGHT OPTIONS
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Applicable Laws and Regulations
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Non-Title 23 laws

• The National Environmental Policy Act (NEPA), and
  other environmental laws and requirements
• The Uniform Relocation Assistance Act
• The Civil Rights Act of 1964 and other Civil
  Rights laws and requirements including the DBE
  Program
• The Davis Bacon Act and other labor laws and
  requirements
• The Common Rule (49 CFR 18) with respect to
  procurement
• The Brooks Act

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Selected Title 23 requirements

• Competitive bidding requirements
• Buy America
• MUTCD

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Other Aspects of Stewardship PROGRAMMING

• FHWA reviews proposed projects for eligibility
  (6 year program update).
• FHWA reviews the STIP and individual metropolitan
  area TIPs annually and at time of fiscal
  programming for conformity with applicable
  requirements.

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Right of Way

• Random reviews of the various right of way
  activities.

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ENVIRONMENT

• NEPA clearance by law cannot be delegated
• ESA (Endangered Species Act)

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CONSTRUCTION

• Structures

SAFETY
Civil Rights
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Annual Stewardship Report

• FHWA Division Office will prepare an Annual
  Stewardship Report based on this Stewardship Plan
  summarizing accomplishments and assessing the
  ODOTs program.

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STEWARDSHIP PLAN CURRENTLY BEING REWRITTEN

• To include updated requirements from SAFETEA-LU
  and Title 23 USC 106.
• It will include a separate section or separate
  agreement for the Local Agency Program.
• January 31, 2008.

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ASSOCIATION OF OREGON COUNTIES AND LEAGUE OF
OREGON CITIES IGA (AOC/LOC Agreement)

• Signed in 2006
• Effective through 9/2009

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ASSOCIATION OF OREGON COUNTIES AND LEAGUE OF
OREGON CITIES IGA (AOC/LOC Agreement)

• Five purposes of AOC/LOC Agreement
• Establish guidelines and working procedures for
  allocating and administering the STP.
  (5,000-200,000 population)
• Establish guidelines and working procedures under
  which the TE Program in Oregon will be allocated,
  selected, and administered.
• Establish guidelines and working procedures under
  which the HBRR Program in Oregon will be
  allocated, selected, and administered.
• Provide provisions for other specified
  federal-aid programs.
• Define the Local Agency Certification Program.

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AOC/LOC (Cont.)

• STP funds are apportioned to STATE each federal
  fiscal year (FFY). The amount of those funds
  allocated to the cities and counties is based on
  the total federal formula funds apportioned to
  STATE - reduced by the annual formula obligation
  limitation imposed by Congress.

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AOC/LOC (Cont.)

• Spells out Fund Exchange Requirements
• STATE will change federal for state dollars at 94
  cents in state funds for one dollar local STP
  funds.

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NOW ITS TIME FOR A BOUNCING BALL BREAK!
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Review - when is an IGA needed?

• Any time work is to be done on Local Agency
  property with ODOTs involvement
• If equipment will be placed on Local Agencys
  property for an ODOT Project
• If equipment is shared between ODOT and a Local
  Agency
• If ODOT is cooperating with a Local Agency on a
  project

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What does an IGA need to contain?

• Pursuant to Oregon Administrative Rule (OAR)
  125-022-0100(2) and (3)
• (2) An Interagency and Intergovernmental
  Agreement must specify
• (a) The purpose of the Agreement
• (b) The term of the Agreement, including
  specific beginning and ending dates, if
  applicable

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What does an IGA need to contain? (cont.)

• (c) The total cost of the Agreement to each
  party, including payment terms, if any
• (d) The methods to be employed to terminate the
  Agreement
• (e) Any other necessary or proper terms or
  provisions.

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What does an IGA need to contain? (cont.)

• Pursuant to OAR 125-022-0100(2) and (3)
• (3) Interagency and Intergovernmental Agreements
  must be signed on behalf of each party by an
  official with appropriate signature authority.

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MASTER AGREEMENT (NON-CERTIFIED

• Will consolidate same language used in every
  agreement into one master agreement and
  federal-aid projects such as HBR, Enhancement,
  etc.)
• Will create Supplemental Project Agreements using
  a couple of pages.

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MASTER AGREEMENT (NON-CERTIFIED

• Reduced review time
• Quicker processing
• Reduced legal fees

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Certification - What is it?

• Certification allows Local Agencies retain more
  local approval authority control when
  developing FHWA funded, Non- NHS transportation
  projects.
• ODOT Local Government Section certifies Local
  Agencies

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Certification (Cont.)

• Local Agencies can become certified in such
  things as
• Consultant Selection
• Developing PSE
• Bid and Award

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MASTER AGREEMENT (NON-CERTIFIED

• Will consolidate same language used in every
  agreement and identify basic laws, policies with
  which Local Agencies must comply.
• Will create Supplemental Project Agreements using
  a couple of pages.

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Certification Master IGA and Supplemental
Agreements will

• Reduce project time
• Reduce review time
• Reduce legal fees

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Wrap Up

• FHWA Stewardship establishes overall plan
• AOC/LOC Agreement establishes plan with ODOT
• Master Agreements (Certified and Non-Certified
  will save time and money.