HomeMy WebLinkAboutDoc 169 - Fed Lands Access Program - SkylinersDeschutes 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 April 24, 2013
DATE: April 15,2013
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document No. 2013-169, The Federal Lands Access Program
(FLAP-21) Match Agreement for Skyliners Road
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County is working with the Federal Highway Administration (FHWA) to reconstruct
Skyliners Road. The reconstruction of Skyliners Road will involve widening the existing road out to a
width of 34 feet to include six-foot bike lanes the entire length of the project. Originally, this project
fell under the jurisdiction of the Federal Forest Highway Program where 100% of the costs of the
project were covered by the Federal Highway Administration.
On October 1, 2012, the Federal Forest Highway Program was replaced by the Federal Lands Access
Program (FLAP-21). A significant impact ofFLAP-21 to Deschutes County was the requirement that
the County is now responsible for a 10.27% match of the project cost incurred after October 1, 2012.
Costs incurred prior to October 1, 2012 will still be covered 100% by the Forest Highway Program.
The total cost of the project is estimated to be $9,625,000 with Federal Highways contributing
$8,636,512 and Deschutes County's contribution estimated to be $988,488. The cost to Deschutes
County covers the remaining preliminary engineering, construction engineering and construction cost.
The County is also allowed to count in-kind contributions to the project as part of the 10.27% match.
This agreement outlines the type and estimated value of the in-kind contributions along with the
required cash contributions ($61,421 in-kind services, $927,067 cash contribution). Examples of in
kind contributions are right-of-way agent costs, construction easement costs, plan review and
coordination for final construction plans, temporary striping during construction, surveying done by the
County, sign installation and on-site review during construction. The final match amount will be
determined based on the actual expenditures at the conclusion of project work. The project is currently
on hold based on the City of Bend Waterline Project but construction is expected to begin in either
2014 or 2015.
FISCAL IMPLICATIONS:
Funding for this project has been preliminarily budgeted in FY 14 via the Capital Improvement Project
(CIP) budget line. The Road Department has accumulated CIP reserves in excess of the required match
amount. Additionally, the BOCC will consider an amendment to the County's SDC methodology via
Resolution 2013-020 (June 5th public hearing date) which will allow SDC funds to be utilized for the
match requirement as well.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board signature of Document No. 2013-169, The Federal Lands Access Program
(FLAP-21) Match Agreement for Skyliners Road
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Return originals to Sheila OdIe (ext. 7148) at the Road Department for forwarding on to the Federal
Highway Administration for final 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 Fonn is also required. If this fonn 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 fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: §\pril 15, 20131 Department: IRoadl
Contractor/Supplier/Consultant Name: IFederal Highway Administrationl
Contractor Contact: IMike Odoml Contractor Phone #: 1360-619j
175681
Type of Document: Federal Lands Access Program Match Agreement
Goods and/or Services: This agreement outlines the responsiblities of both the
Federal Highway Adminstration and Deschutes County concerning the completion of
the Skyliners Road Reconstruction Project.
Background & History: Deschutes County is working with the Federal Highway
Administration (FHWA) to reconstruct Skyliners Road. The reconstruction of Skyliners
Road will involve widening the existing road out to a width of 34 feet to include six foot
bike lanes the entire length of the project. Originally, this project fell under the
jurisdiction of the Federal Forest Highway Program where 100% of the costs of the
project were covered by the Federal Highway Administration. On October 1,2012, the
Federal Forest Highway Program was replaced by the Federal Lands Access Program
(FLAP-21). A significant impact of FLAP-21 to Deschutes County was the requirement
that the County is now responsible for a 10.27% match of the project cost incurred after
October 1, 2012. Costs incurred prior to October 1, 2012 will still be covered 100% by
the Forest Highway Program. The total cost of the project is estimated to be
$9,625,000 with Federal Highways contributing $8,636,512 and Deschutes County's
contribution estimated to be $988,488. The cost to Deschutes County covers the
remaining preliminary engineering, construction engineering and construction cost. The
County is also allowed to count in-kind contributions to the project as part of the 10.27%
match. This agreement outlines the type and estimated value of the in-kind
contributions along with the required cash contributions ($61,421 in-kind services,
$927,067 cash contribution). Examples of in-kind contributions are right-of-way agent
costs, construction easement costs, plan review and coordination for final construction
plans, temporary striping during construction, surveying done by the County, sign
installation and on-site review during construction. The final match amount will be
determined based on the actual expenditures at the conclusion of project work. The
project is currently on hold based on the City of Bend Waterline Project but construction
is expected to begin in either 2014 or 2015.
Agreement Starting Date: IUpon Signatur~ Ending Date: IProjec~
~erminationl
Annual Value or Total Payment: 1$988,4881
4/4/2013
o Insurance Certificate Received (check box)
Insurance Expiration Date: I I
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? 0 Yes No
If No, has budget amendment been submitted? Yes o No
Is this a Grant Agreement providing revenue to the County? 0 Yes 0 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 No
Contact information for the person responsible for grant compliance:
Name:
Phone #:
'-------'
Departmental Contact and Title: George Kolb, PE, County Engineer
Phone #: 541-322-7113
Department Director Approval: ~ (J.IL~a~J/)
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one): BOCC Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____,)
Legal Review Date
Document Number __
4/412013
Western Federal Lands Highway Division, FHWA us Department of Transportation Federal lands Access Program
610 E. Fifth Street
Federal Highway Administration Match Agreement Vancouver, WA 98661
State: Oregon
Project Number/Name: OR PFH 247(1), Skyliners Road Improvements
Parties to this Agreement:
U.S. Department of Transportation
Federal Highway Administration
Western Federal Lands Highway Division, FHWA
and
Deschutes County
Purpose of Agreement:
The purpose of this agreement is to document the intent of Deschutes County to meet the match requirement for the
subject project as authorized under the Moving Ahead for Progress in the 21st Century Act (MAP-21), Title 23 U.S.C
120(b}. The purpose of this project is to lower maintenance costs and increase safety on Skyliners Road (CR-3535). This
agreement does not commit the parties to complete the project, but, rather sets forth the respective responsibilities as
the project proceeds. Any subsequent decisions to complete final design and to construct the project will depend on
authorizing legislation, NEPA analysis, availability of appropriations, and matching funds at the time of obligation.
The authority for FHWA to enter into this agreement is under Title 23 U.S.c. Section 204.
Funding:
The Federal Lands Access Program of the Moving Ahead for Progress in the 21st Century Act (MAP-21) authorizes FHWA
to provide funding for specific projects. The Program Decision Committee (PDq, consisting of FHWA, the State of
Oregon, and an organization representing the local agencies of the state, is designated to jointly decide upon projects
funded in the state. The PDC has decided to provide funding for the development of this project and to program the
project for construction in FY 2014 under the Oregon State Federal Lands Access Program.
The matching requirement under MAP-21 will be met by Deschutes County and other agencies that have committed to
the project in subsequent agreements. The forms of match may be those consistent with the 'Federal-Aid Guidance Non
Federal Matching Requirements' (http://www.fhwa.dot.gov/legsregs/directives/policy/fedaid_guidance_nfmr.htm) as
shown in the Funding Plan. In the state of Oregon, the match rate is 10.27% of the total project cost. Deschutes County
will be responsible for meeting this match requirement for all costs incurred on the project after October 1, 2012; the
date for implementation of the program.
Budget:
The following documents the expected costs of this project and the Match required:
Item Amount
Planning
Preliminary Engineering $125,000
Construction $8,400,000
Construction Engineering $1,100,000
Contingency for CM/Award $0
Total Estimated Cost: $9,625,000
Match Rate Required (23 USC 120): 10.27% • Calculated by multiplying the Total Estimated Cost that is
subject to match requirements by the percentage match
Value of Match Required*: $988,488 required.
Page 1
DC 2013-169
Western Federal lands Highway Division, FHWA US Department of Transportation Federal Lands Access Program
610 E. Fifth Street
Federal Highway Administration Match Agreement Vancouver, WA 98661
All Access Program expenditures associated with this project after October 1, 2012 will need to be matched by a Non
Federal source, by other Federal funds other than those made available under Titles 23 and 49 of the United States Code,
or by funds made available under 23 U.S.c. 202 and 203. Estimated costs are based on the best budgeting information
known at this time. The final Match will be determined based on actual expenditures at the conclusion of project work.
Matching funds in FHWA receipt may need to be supplemented, or returned, once actual expenditures are detemined. As
noted under Modfications, it costs increase over the amount within this agreement, the PDC wi\! consult with the signing
agency before granting approval.
The following agencies have agreed to contribute the amounts shown which will reduce the federal share by the same
amount. The Funding Plan is as follows (Includes all agencies that are cooperating in the project):
Agency Contributions:
Phase Agency Form Due Received Value Comment
PE Deschutes Cty In-Kind Service 10/26/2012 $3,000 Surveying to resolve Utility issue on
Chelsea Trees Property
PE Deschutes Cty RW 6/30/2013 $4,875 Right-ot-Way Agent
PE Deschutes Cty RW 6/30/2013 $5,700 Construction Easements
PE Deschutes Cty In-Kind Service 4/24/2014 $9,070 Plan reviews and coordination
CN Deschutes (ty Cash 2/1/2014 $862,680
CN Deschutes Cty tn-Kind Service 6/20/2016 $4,800 Temporary Striping during construction
CN Deschutes Cty In-Kind Service 6/20/2016 $8,000 Radar Sign Installation
CE Deschutes Cty Cash 8/1/2014 $32,387
CE Deschutes Ctv Cash 12/1/2014 $32,000
CE Deschutes Cty In-Kind Service 6/20/2016 $25,976 On site reviews and Pre-Work Meeting
Total: $988A88 Total wlO Toll Credits: $988A88
The Signing Agency is ONLY responsible for their respective match as shown in the table above.
Valuation of real property, services, materials, equipment, and use of facilities will be established at fair market value
(FMV), as determined by applicable Federal grant administration regulations [49 CFR 18 or 19] and Federal cost principles.
Records:
Costs and third party in-kind contributions counting towards satisfying a cost sharing or matching requirement must be
verifiable from the records of grantees and subgrantee or cost-type contractors. These records must show how the value
placed on third party in-kind contributions was derived. To the extent feaSible, volunteer services will be supported by the
same methods that the organization uses to support the allocabilitv of regular personnel costs. 49 CFR 18.24(b)(6)
Federal Highway Contributions:
Phase Fund FY Amount Comment
PE G200 2013 $102,355
CN G200 2014 $7,524,520
CE G200 2014 $509,637
CE G200 2015 $500,000
Total: $8,636,512
Page 2
Western Federal lands Highway Division, FHWAFederal Lands Access ProgramUS Department of Transportation 610 E. Fifth Street
Federal Highway Administration Match Agreement Vancouve~WA 98661
Federal Lands Access Pragram funds are administered by FHWA and are subject to annual appropriations from
Congress. This document does not commit FHWA to advance the project or provide funds for the project, but provides
required matching if FHWA expends funds to advance the project.
Modification:
This agreement may be updated periodically by mutual written consent of all parties. If project costs increase and are
approved by the PDC, this funding agreement will be modified by mutual consent of all parties.
Page 3
Western Federal Lands Highway Division, FHWAFederal lands Access Program US Department of Transportation 610 E. Fifth Street
Federal Highway Administration Match Agreement Vancouver, WA 98661
Payments to FHWA:
Upon execution of this agreement, FHWA will forward payment requests to the Enterprise Servicing Center (ESC) at
Oklahoma City, which will send invoices to Deschutes County in accordance with the payment schedule set forth in the
Funding Plan. After receiving the invoice, Deschutes County can transmit the funds either through Pay.Gov
(https://pay.gov/paygov/) or by mailing a check to ESC. The preferred method is to use Pay.Gov.
For Title 23 funds, the State DOT will complete FHWA-1576 Transfer Request Form and submit to the State FHWA Division
office.
Funds Transaction Information:
Please contact the following individuals to set up the funds transaction:
FHWA: Deschutes County
Tom Erkert, Federal Lands Access Program Manager George Kolb, County Engineer
Western Federal Lands Highway Division, FHWA
610 E. Fifth Street 61150 SE 27th Street (Road Department)
1300 NW Wall Street, 2nd Floor (County Office)
Vancouver, WA 98661 Bend, OR 97702
(360) 619-7791 (541) 322-7113
Tom.Erkert@dot.gov georgek@co.deschutes.or.us
Page 4
Western Federal Lands Highway Division, FHWA US Department of Transportation Federal Lands Access Program
610 E. Fifth Street
Federal Highway Administration Match Agreement Vancouver, WA 98661
This Agreement shall be effective as of the date of the last signature:
Deschutes County
Approved By:
Alan Unger, Chair, County Commissioners Date
Tammy Baney, Vice-Chair, County Commissioners
Anthony DeBone, County Commissioner
Attest:
Recording Secretary
Page 5
Western Federal lands Highway Division, FHWA
US Department of Transportation Federal lands Access Program
610 E. Fifth Street
Federal Highway Administration Match Agreement Vancouver, WA 98661
U.S. Department of Transportation
Federal Highway Administration
Western Federal lands Highway Division, FHWA
Approved By:
Dan Donovan, Director of Program Administration Date
Page 6
Federal Lands Highway -Planned Project Funding Summary
Project Number: Program: Name: State: County:
OR PFH 247(1) FlAP Skyliners Road Improvements OR Deschutes County
Delphi Number: Plan Oblig Year PSE Date: STIPID: Facility Type: Type:
1517412470001 2014 17573 Road Reconstruction
PM: Current Phase: Canst Delivered By Engineers Estimate:
----------------Budget -----~-------Match
PL:
Budget
PE: $125,000
Required: ~ FlH Funds Planned $8,636,512
CN: $8,400,000 Rate: 10.27% Match Planned W/O TC $988,488
CE: $1,100,000 Min Amount: $988,488
Subtotal $9,625,000Contingency: $0
Balance $0
Federal lands Funds:
Phase Fund FY Amount Comment
PE G200 2013 $102,355
CN G200 2014 $7,524,520
CE G200 2014 $509,637
CE G200 2015 $500,000
Total:
Match or Other Funds:
Phase Agency Form Due Received Value Comment
PE Deschutes Cty In-Kind Service
PE Deschutes Cty RW
PE Deschutes Cty RW
PE Deschutes Cty In-Kind Service
CN Deschutes Cty Cash
CN Deschutes Cty In-Kind Service
CN Deschutes Cty In-Kind Service
CE Deschutes Cty Cash
CE Deschutes Cty Cash
CE Deschutes Cty In-Kind Service
10/26/2012
6/30/2013
6/30/2013
4/24/2014
2/1/2014
6/20/2016
6/20/2016
8/1/2014
12/1/2014
6/20/2016
$3,000
$4,875
$5,700
$9,070
$862,680
$4,800
$8,000
$32,387
$32,000
$25,976
......_----------
Surveying to resolve Utility issue on
Chelsea Trees Property
Right-of-Way Agent
Construction Easements
Plan reviews and coordination
Temporary Striping during construction
Radar Sign Installation
On site reviews and Pre-Work Meeting
Total: $988,488 Total W/O Toll Credits: $988,488
Remarks:
Deschutes County has agreed to meet match and will want to pursue tapered match and in kind work for RW. County has
agreed to meet match on OR PFH 247(1) but not Phils Trailhead OR PFH 247(2) where the USFS will need to provide the
match.
PDC Decisions from 9/12/2012 Meeting:
4/1/2013 Page 1 of 2
Federal lands Highway -Planned Project Funding Summary
-Use Acces funds for PE/CN/CE
-Deschutes County has agreed in principle to fund the match on the road reconstruction.
Due to litigation of the City Water Line project, project will not be able to be obligated until late in FY 2014 for a FY 2015
Construction (11/19/2012).
Contingency for this project is built into the CN estimate, was a 2013 project until litigation.
4/1/2013 Page 2 of 2