Title: AGREEMENTS STEWARDSHIP AOCLOC MASTER AGREEMENT CERTIFICATION MASTER
1AGREEMENTSSTEWARDSHIPAOC/LOCMASTER
AGREEMENTCERTIFICATION MASTER
- Presented by
- Julie Redden, Policy Analyst
- Local Government Section
- (503) 986-3153
- Julie.k.redden_at_odot.state.or.us
2 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
3(No Transcript)
4- Federal Highway Administration
- Stewardship Plan
5What Is Stewardship?
- Stewardship is a plan between ODOT and FHWA that
provides 1) oversight - and 2) accountability
- for carrying out Federal-aid Highway Program
- .
6The 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.
7 The Stewardship Agreement
- Implemented the program efficiencies of the
Intermodal Surface Transportation Efficiency Act
of 1991 (ISTEA).
81991 Program Efficiencies
91991 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.
103R Projects ( on the N H S )
-
- resurface
- restore, and
- rehabilitate
11Under 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.
12Design Standards Selection Matrix
13OVERSIGHT OPTIONS
14Applicable Laws and Regulations
15Non-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
16Selected Title 23 requirements
- Competitive bidding requirements
- Buy America
- MUTCD
17Other 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.
18Right of Way
- Random reviews of the various right of way
activities.
19ENVIRONMENT
- NEPA clearance by law cannot be delegated
- ESA (Endangered Species Act)
20CONSTRUCTION
SAFETY
Civil Rights
21Annual Stewardship Report
- FHWA Division Office will prepare an Annual
Stewardship Report based on this Stewardship Plan
summarizing accomplishments and assessing the
ODOTs program.
22STEWARDSHIP 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.
23ASSOCIATION OF OREGON COUNTIES AND LEAGUE OF
OREGON CITIES IGA (AOC/LOC Agreement)
- Signed in 2006
- Effective through 9/2009
24ASSOCIATION 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.
25AOC/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.
26AOC/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.
27NOW ITS TIME FOR A BOUNCING BALL BREAK!
28Review - 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
29What 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
30What 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.
31What 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.
32MASTER 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.
33MASTER AGREEMENT (NON-CERTIFIED
- Reduced review time
- Quicker processing
- Reduced legal fees
34Certification - 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
35Certification (Cont.)
- Local Agencies can become certified in such
things as - Consultant Selection
- Developing PSE
- Bid and Award
36MASTER 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.
37Certification Master IGA and Supplemental
Agreements will
- Reduce project time
- Reduce review time
- Reduce legal fees
38Wrap Up
- FHWA Stewardship establishes overall plan
- AOC/LOC Agreement establishes plan with ODOT
- Master Agreements (Certified and Non-Certified
will save time and money.