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HomeMy WebLinkAboutDoc 424 - Fall Creek Bridge AgrmtDeschutes 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 August 6, 2014 DATE: July 25,2014 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Chair signature of Document No. 2014-424, The Federal Lands Access Program (FLAP-21) Project Memorandum of Agreement for the Fall Creek Bridge Replacement. PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County is working with the Federal Highway Administration (FHWA) to reconstruct the Fall River Bridge located on the Cascade Lakes Highway. This reconstruction will involve removal of the existing weight limited structure and replacement with a new structure that will provide more clearance over the stream and will meet Federal requirements for bridge structures. The funding for this project was applied through the Federal Lands Access Program (FLAP-21) which means the County is responsible for a 10.27% match of the project cost. On August 28, 2013, the County signed the Federal Lands Access Program Match Agreement, which outlined the type and estimated value of the in-kind contributions along with the required cash contributions. The Match Agreement did not cover the intent of the parties or set forth the anticipated responsibilities of each party in the development, construction, and future maintenance of the subject project. The purpose of this Agreement is to identify and assign responsibilities for the environmental analysis, design, right-of-way (project is located on federal land so there will be no right-of-way acquisition required), utilities, acquisition and construction as appropriate for this programmed project, and to insure maintenance of the facility for public use if improvements are made. This Agreement does not obligate (commit to) the expenditure of Federal funds nor does it commit the parties to complete the project. Rather, this Agreement sets forth the respective responsibilities as the project proceeds through the project development process. FISCAL IMPLICATIONS: None -Fiscal obligations were covered in the Match Agreement signed on August 28,2013, and are budgeted in FY 2014 -15. RECOMMENDATION & ACTION REQUESTED: Move approval of Chair signature of Document No. 2014-424, The Federal Lands Access Program (FLAP-21) Project Memorandum of Agreement for the Fall Creek Bridge Replacement. ATTENDANCE: Chris Doty, Department Director DISTRIBUTION OF DOCUMENTS: Return copy of signed Agreement to Sheila OdIe (ext. 7148) at the Road Department.. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This foon 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 Foon is also required. If this foon 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 foon with your documents, please submit this foon electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: puly 25, 20141 Department: IRoadl Contractor/Supplier/Consultant Name: Federal Hi Administration Contractor Contact: homas Loner an Contractor Phone #: 1360j ~19-78991 Type of Document: Federal Lands Access Program Project Memorandum of Agreement Goods and/or Services: This Agreement outlines the responsibilities fo both the Federal Highway Administration and Deschutes County concerning the completion of the Fall Creek Bridge Replacement project Background & History: Deschutes County is working with the Federal Highway Administration (FHWA) to reconstruct the Fall River Bridge located on the Cascade Lakes Highway. This reconstruction will involve removal of the existing weight limited structure and replacement with a new structure that will provide more clearance over the stream and will meet Federal requirements for bridge structures. The funding for this project was applied through the Federal Lands Access Program (FLAP-21) which means the County is responsible for a 10.27% match of the project cost. On August 28,2013, the County signed the Federal Lands Access Program Match Agreement which outlined the type and estimated value of the in-kind contributions along with the required cash contributions. The Match Agreement did not cover the intent of the parties or set forth the anticipated responsibilities of each party in the development, construction, and future maintenance of the subject project. The purpose of this Agreement is to identify and assign responsibilities for the environmental analysis, design, right-of-way (project is located on federal land so there will be no right-of-way acquisition required), utilities, acquisition and construction as appropriate for this programmed project, and to insure maintenance of the facility for public use if improvements are made. This Agreement does not obligate (commit to) the expenditure of Federal funds nor does it commit the parties to complete the project. Rather, this Agreement sets forth the respective responsibilities as the project proceeds through the project development process. Agreement Starting Date: IUpon Signatur~ Ending Date: IProjec~tterminationl Annual Value or Total Payment: INonij D Insurance Certificate Receiied (cleck box) Insurance Expiration Date: 7/25/2014 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? DYes D No If No, has budget amendment been submitted? DYes 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: DYes D No Contact information for the person responsible for grant compliance: Name: Phone #: 1..-1_--' Departmental Contact and Title: Phone #: Department Director Approval: ___________ Signature Date 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): 0 BOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-') Legal Review Date Document Number __ 7/25/2014 Fait Cree k Bridge Replacement 2013 Oregon Federal Lands Access Program , 1,000 Project Location , 2,000 I 3,000 I 4,000 Feet Print: November 14, 2012 Legend ) ( Bridge I Milepost -­County Road -­Stream ~-.., Lake John Anderson . GIS Analyst Phone: (541) 322·7102 Email: j ohn.anderson@desd1~.Dr9 Address : 61150 Sf 27th 51 The information on this map was derived from dglel databases on Deschutes CounIy's G.I.S. Cere was taken in the neation ofthis map, but II is prOYided "as is'. Deschutes County cannot acc.ept fillY responsibiMy for errors, orrissims, or posilialiill accuracy in the dgital data or the under¥rT9 rK"ds. TMre a,e no warrlllll;.s, 1!XJl'8SS or implied, inducing the WiJffiJnty of merc:hanlabilily or fitness fIlr ill particuler purpose, accompanying 11115 proGltf. However, nOlilictlli on of erry errors will be appreciated. P:lArcGIS_Proj eclsIBridgesIFall Creek Bridge Replacement I Project I Facility Name: OR PFH 46(13), Fall Creek Bridge Replacement Project Route: County Road 46, Cascade Lakes Highway State: Oregon County: Deschutes Owner of Federal Lands to which the Project Provides Access: Deschutes National Forest Entity with Title or Maintenance Responsibility for Facility: Deschutes County Type of Work: Preliminary Engineering; intennediate through final development of plan; specification; and estimates; and construction management for replacement ofthe Bridge 'across Fall Creek. This Agreement does not obligate (commit to) the expenditure of Federal funds nor does it commit the parties to complete the project. Rather, this Agreement sets forth the respective responsibilities 'as the project proceeds through the project development process. . Parties to this Agreement: Federal Highway Administration, Western Fe~eral Lands Highway Division and Deschutes County, Oregon. The Program Decision Committee approved this project on June 17,2013. AGREED: I i I Federal Lands Access Program Project Memorandum of Agreement Tammy Baney, Deschutes County Commissioners Date Daniel Donovan, Western Federal Lands Highway Division Date OR PFH 46(13), Fall Creek Bridge Replacement Page 1 A. PURPOSE OF THIS AGREEMENT: This Agreement documents the intent of the parties and sets forth the anticipated responsibilities of each party in the development, construction, and future maintenance ofthe subject project. The purpose ofthe Agreement is to i4entifY and assign responsibilities for the environmental analysis, design, right-of-way, utilities, acquisition and construction as appropriate for this programmed project, and to insure maintenance of the facility for public use if improvements are made. The parties understand that any final decision as to design or construction will not be made until after the environmental analysis required under the National Environmental Policy Act (NEPA) is completed (this does not prevent the parties from assigning proposed design criteria to be studied in the NEP A process.) Any decision to proceed with the design and construction of the project will depend on the availability of appropriations at the time of obligation and other factors such as issues raised during the NEP A process, a natural disaster that changes the need for the project, a change in Congressional direction, or other relevant factors. If Federal Lands Access Program funds are used for the development or construction of this project, Deschutes County agrees to provide a match funding according to the Match Agreement signed on August 28, 2013. B. AUTHORITY: This Agreement is entered into between the signatory parties pursuant to the provisions of 23 U.S.C.204. C. JURISDICTION AND MAINTENANCE COMMITMENT: Deschutes County, Oregon has jurisdictional authority to operate and maintain the existing facility and will operate and maintain the completed project at its expense. D. FEDERAL LAND MANAGEMENT AGENCY COORDINATION: Deschutes County has coordinated project development with the Deschutes National Forest. The FS support of this project is documented in the 2013 Oregon Federal Lands Access Program Project Proposal. Each party to this agreement who has a primary role in NEP A, design or construction should coordinate their activities with the Deschutes National Forest. E. PROJECT BACKGROUND I SCOPE: The proposed project is located at approximate Milepost (MP) 26.6 on Cascade Lakes Highway. This project is located in Section 9, Township 4 South, Range 13 East, Willamette Meridian. The project should include replacement of the existing three span structure with the construction of a single span pre-stressed concrete slab structure. The creek crossing requires that the new bridge vertical clearance to be greater than existing to promote debris passage. The project will be designed in accordance with the American Association of State Highway & Transportation Officials (AASHTO) Policy on Geometric Design of Highway and Streets, 2004 Edition. F. PROJECT BUDGET: See the Match Agreement signed on August 28, 2013. OR PFH 46(13), Fall Creek Bridge Replacement Page 2 I I G. ROLES AND RESPONmILITIES: FHW A is responsible for obtaining environmental clearance for the proposed roadway improvements, and will administer the other phases of project development such as geotechnical investigation, preliminary and final design. The FHW A will obtain, or will require the contractor to obtain, all necessary Federal, State, or local permits. FHW A will seek input from Deschutes County Road Department throughout development of the project. The Deschutes County Road Department will participate in the project's development by providing topographical survey and to the extent that their capabilities and resources permit. During Project Development, Deschutes County will: • Appoint a representative who will be the primary contact for FHWA's Project Manager. • As applicable, provide overall direction regarding agency policy, standards, procedures and administration. • Review and approve the plans and specifications at each phase of the design and for each project. • Ensure that completed plans, specifications and estimates (PS&E), are consistent with the intended outcome. • Upon receipt of acceptable plan, specifications and estimates (PS&E), provide written concurrence prior to bids being solicited by FHW A for construction. During the construction phase, FHW A will appoint a Project Engineer to oversee and inspect the work to ensure a quality product. The construction will be governed by the FP-14,Standard Specifications for Construction ofRoads and Bridges on Federal Highway Projects. The Project Engineer is FHWA's designated contact during the construction phase. The Deschutes County Public Works Department will: • Appoint a representative who will be the primary contact for FHWA's Project Engineer. • Assist FHW A in considering proposed design changes, evaluate change impacts, and provide construction oversight as needed in issues related to their respective agency, and ensuring that requests meet the requirements intended in the PS&E, • Review for approval all proposed design changes (change orders). • Upon completion of construction, a final inspection will be convened by FHW A with attendees from the USFS Deschutes National Forest and Deschutes County Public Works Department, and if it is determined the project has been constructed in substantial conformity with the approved plans and specifications, the Partner Agencies will be asked for their final acceptance ofthe constructed project. H. SCHEDULE: The following project milestones will apply to the project. Significant variation in dates will be addressed via FHWA's Change Management process and coordinated with Deschutes County. Preliminary Design Complete January 30,2015 NEPA Complete January 30, 2015 95% Design Complete August 10, 2015 Final PSE Complete September 17,2015 Advertisement October 21, 2015 Construction Start April 15,2016 OR PFH 46(13), Fall Creek Bridge Replacement Page 3 I \ I. PROPOSED DESIGN STANDARDS: The following design criteria will be applied on the project: Functional Classification: Rural Major Collector Design Speed: 55 MPH Surface Type: Asphalt Concrete Pavement Design Volume: 1000ADT Isolated exceptions to standards, such as individual curves that wilLnot meet the selected design speed, will be documented and approved by FHW A and presented to the Deschutes County Public Works Department for concurrence. J. FUNDING: The Match Agreement executed on August 28, 2013 contains the funding source and amounts for the project. K. MATCHING SHARE REQUIREMENTS: The Match Agreement executed on August 28, 2013 contains the terms and conditions ofhow the required match will be met. All records associated with valuations or costs shall be accessible and maintained for three years following project close-out. L. PROJECT TEAM MEMBERS -POINT OF CONTACT: The following table provides the points of contact for this project. They are to be the first persons to deal with any issues or questions that arise over the implementation of each party's role and responsibility for this agreement. NAME/TITLE ORGANIZATION TELEPHONE NO. / E-MAIL George Kolb, County Engineer Deschutes County (541) 322-7113 george.kolb@deschutes.org Chris Doty, Public Works Director Deschutes County (541) 322-7105 chris.doty@deschutes.org Tammy Baney, Chair, County Commission Deschutes County (541) 388-6565 Tammy.baney@deschutes.org ! Tom Lonergan, . Project Manager FHWA (360) 619-7899 thomas.g.lonergan@dot.gov Erin Chipps, Environmental Specialist FHWA (360) 619-7637 erin.chipps@dot.gov Reuben Johnson, Highway Design Manager FHWA (360) 619-7617 reuben.johnson@dot.gov M. CHANGES / AMENDMENTS / ADDENDUMS: The agreement may be modified, amended, or have addendums added by mutual agreement of all parties. The change, amendment, or addendum must be in writing and executed by all of the parties. The types of changes envisioned include, but are not limited ~o, changes that significantly impact scope, schedule, or budget; changes to the local match, either in type or responsibility; change that alters the level of effort or responsibilities of a party. The parties commit to consider OR PFH 46(13), Fall Creek Bridge Replacement Page 4 t t I I I f t f I \ suggested changes in good faith. Failure to reach agreement on changes may be cause for termination ofthis agreement. A change in composition of the project team members does not require the agreement to be amended. It is the responsibility of the project team members to recognize when changes are needed and to make timely notifications to their management in order to avoid project delivery delays. N. ISSUE RESOLUTION PROCEDURES MATRIX: Issues should be resolved at the lowest level possible. The issue should be clearly defined in writing and understood by all parties. Escalating to the next level can be requested by any party. When an issue is resolved, the decision will be communicated to all levels below. O. TERMINATION: This agreement may be terminated by mutual written consent of all parties. This agreement may also be terminated if either the NEPA process or funding availability requires a change and the parties are not able to agree to the change. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. If Federal Access Funds have been expended prior to termination, the party responsible for the match agrees to provide a match in the applicable percentage of the total amount expended on the project prior to the termination. OR PFH 46(13), Fall Creek Bridge Replacement Page 5