HomeMy WebLinkAboutDoc 142 - Amend IGA - ODOT - 19th StDeschutes County Board of Commissioner,;
1300 NW Wall St., Suite 200, Bend, OR 97701-1961)
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ort,
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 24, 2010
Please see directions for completing this document on the next page.
DATE: February 12, 2010
FROM: George Kolb Road Department 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2010-142, Amendment No. 1 to ODOT/Deschutes Coi nty
Intergovernmental Agreement No. 24883, 19th Street Extension
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County received federal approprations earmarks in 2008 and 2009 for the 19th Street
Extension project. The 2008 appropriation was obligated under IGA agreement no. 24883 in Januar./ of
2009. This proposed amendment to IGA No. 24883 is needed to obligate the additional funds from the
2009 appropriation. This amendment brings the total amount obligated to 19th Street to $1,084,584.
The agreement also adds in the condition that Deschutes County will have to pay a local Agency ma ch
of 10.27% which amounts to $61,063.00. These funds will go to ODOT who is the agency handling the
contract with the consultant for the right-of-way and design on 19th Street.
FISCAL IMPLICATIONS:
The local Agency match will be covered by forest payment receipts set aside for the FY 09-10 and F Y
10-11 budgets
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Amendment No. 1
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Wanda Kunz (ext. 7103) at the Road Department
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.)
Date:
2/12/10
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Contractor Contact:
6272
Type of Document:
Extension
Darrell Newton
ODOT
Road
Contractor Phone #:
541-388-
IGA: Amendment No. 1 to Agreement No. 24883; 19th Street
Goods and/or Services:
Increases the amount of federal funding for the right-of-way
and design of the 19th Street Extension project from $490,000 to $1,084,583 and adds
in a local agency match of $61,063.00 (10.27% of grant amount of $594,583)
Background & History: Deschutes County received federal approprations earmarks
in 2008 and 2009 for the 19th Street Extension project. The 2008 appropriation was
obligated under IGA agreement no. 24883 in January of 2009. This proposed
amendment to IGA No. 24883 is needed to obligate the additional funds from the 2009
appropriation. This amendment brings the total amount obligated to 19th Street to
$1,084,584. The agreement also adds in the condition that Deschutes County will have
to pay a local Agency match of 10.27% which amounts to $61,063.00. These funds will
go to ODOT who is the agency in charge of the contract with the consultant for the right-
of-way and design on 19th Street.
Agreement Starting Date:
completion
upon signature
Annual Value or Total Payment:
$1,084,583
Ending Date:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
project
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
2/12/2010
Is this a Grant Agreement providing revenue to the County? U Yes U 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: ❑ Yes U No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
Phone #:
541-322-7113
Department Director Approval:
George Kolb, County Engineer
Signature
/,o
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): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
2/12/2010
REVIEWED
.::CO'.! N SEL
Misc. Contracts and Agreements
No. 24883
AMENDMENT NUMBER 01
Local County Agreement
19th Street Extension
Deschutes County
The State of Oregon, acting by and through its Department of Transportation,
hereinafter referred to as "State," and the Deschutes County, acting by and through its
elected officials, hereinafter referred to as "County," entered into an Agreement on
January 30th, 2009. Said Agreement covers preliminary engineering, environmental
review and right of way acquisition for the extension south of 19th Street parallel to
Highway 97 to connect with Deschutes Market Road.
It has now been determined by State and Agency that the Agreement referenced above
shall be amended to increase the total funding from $490,000 to $1,084,583. Except as
expressly amended below, all other terms and conditions of the Agreement are still in
full force and effect.
TERMS OF AGREEMENT, Paragraph 2 which reads:
2. The Project shall be conducted as a part of the Federal -Aid Surface Transportation
Program (STP) under Title 23, United States Code. The total Project cost is
estimated at $490,000.00, which is subject to change. STP local funds for this
Project shall be limited to $490,000.00. The Project will be financed with STP funds
at the maximum allowable federal participating amount, with COUNTY providing the
match and any non -participating costs, including all costs in excess of the available
federal funds. This project is conditionally funded as follows:
Shall be deleted in its entirety and replaced with the following:
2) The Project shall be conducted as a part of the Federal -Aid Surface Transportation
Program (STP) under Title 23, United States Code. The total Project cost is
estimated at $1,084,583, which is subject to change. The Project will be financed
with STP funds and Transportation, Community and System Preservation Program
(TCSP) funds, at the maximum allowable federal participating amount, with
DC 2010.147
Year
1st Fund
Share
Design
2008
STP
$200,000.00
Right of Way
2008
STP
$290,000.00
Shall be deleted in its entirety and replaced with the following:
2) The Project shall be conducted as a part of the Federal -Aid Surface Transportation
Program (STP) under Title 23, United States Code. The total Project cost is
estimated at $1,084,583, which is subject to change. The Project will be financed
with STP funds and Transportation, Community and System Preservation Program
(TCSP) funds, at the maximum allowable federal participating amount, with
DC 2010.147
State/County
Agreement No. 24883-01
COUNTY providing the match and any non -participating costs, including all costs in
excess of the available federal funds. This project is conditionally funded as follows:
a) As a part of the Federal -Aid Surface Transportation Program (STP) under Title
23, United States Code, Consolidated Appropriations Act, Division K, Title I,
Section 129 Surface Transportation Projects . STP local funds for this Project
shall be limited to $490,000.
b) As a grant award as part of the Federal 2009 Transportation, Community and
System Preservation Program (TCSP). TSCP funds for this Project shall be
limited to $533,520.
Year
1st Fund
Share
Design
2008
STP
$200,000.00
Match
Right of Way
2008
STP
$290,000.00
b) As a grant award as part of the Federal 2009 Transportation, Community and
System Preservation Program (TCSP). TSCP funds for this Project shall be
limited to $533,520.
c) As a local Agency match amount of 10.27% of the total Federal 2009
Transportation, Community and System Preservation Program (TCSP) grant
award of $594,584.
Year
1st Fund
Share
Design
2008
TSCP
$533,520.00
Match
c) As a local Agency match amount of 10.27% of the total Federal 2009
Transportation, Community and System Preservation Program (TCSP) grant
award of $594,584.
This Amendment may be executed in several counterparts (facsimile or otherwise) all of
which when together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each copy
of this Amendment so executed shall constitute an original.
2
Year
1st Fund
Share
Design
2008
Local Agency
$61,063.00
Match
This Amendment may be executed in several counterparts (facsimile or otherwise) all of
which when together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each copy
of this Amendment so executed shall constitute an original.
2
State/County
Agreement No. 24883-01
THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party
has read this Agreement, understands it, and agrees to be bound by its terms and
conditions.
This Project is in the 2008-2011 Statewide Transportation Improvement Program, (Key
#15789) that was approved by the Oregon Transportation Commission on March 20,
2008.
The Oregon Transportation Commission on December 29, 2008, approved Delegation
Order No. 2, which authorizes the Director to approve and execute agreements for day-
to-day operations. Day-to-day operations include those activities required to implement
the biennial budget approved by the Legislature, including activities to execute a project
in the Statewide Transportation Improvement Program.
On September 15, 2006, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to
the Deputy Director, Highways, to approve and sign agreements over $75,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program.
SIGNATURE PAGE FOLLOWS
3
State/County
Agreement No. 24883-01
DATED this Day of
2010.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner
ATTEST:
Recording Secretary
STATE OF OREGON, by and through
its Department of Transportation
By
Deputy Director Highways
Date
APPROVAL RECOMMENDED
By
Region 4 Manager
Date
By
APPROVED AS TO LEGAL District 10 Manager
SUFFICIENCY
APPROVED AS TO LEGAL
By SUFFICIENCY
County Counsel or City Attorney
By
Date Assistant Attorney General
Date:
County Contact:
George Kolb — County Engineer
6150 SE 27th St.
Bend, OR 97702
(541) 388-6581
george_kolb@co.county.or.us
State Contact:
Darrell Newton — Region 4 Local
Agency Liaison
63085 N. Hwy 97, Bend OR 97701
(541) 388-6272
darrell.r.newton@odot.state.or.us