HomeMy WebLinkAboutDoc 192 - Ped-Bike Grant - TerrebonneDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ort
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 17, 2010
Please see directions for completing this document on the next page.
DATE: March 5, 2010
FROM: George Kolb Road Department 322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2010-192, Deschutes County/ODOT IGA No. 26014,
2010 - 2011 Pedestrian and Bicycle Program Grant, Terreborme Sidewalk and Pedestrian Crossing
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
In July of 2008, Deschutes County submitted a grant application for sidewalks in Terrebonne. This
grant was for the construction of sidewalks in Terrebonne in conjunction with ODOT's US 97: Crooked
River Bridge - Redmond Reroute project. On November 20, 2008, Deschutes County was informed
that the ODOT Bicycle and Pedestrian Advisory Committee had awarded an amount of $190,000 as
the State share towards the sidewalk installation with Deschutes County being responsible for $10,01)0
for a total amount of $200,000 to be applied to the installation of sidewalks. The project has been
completed but the agreement has not been finalized as there was an issue with the agreement
concerning the maintenance of the sidewalks upon completion of the project in that Deschutes Cour-11y
would have been responsible for the maintenance of all the sidewalks, both on the Highway and within
the County right-of-way. The wording has been resolved so that it states that the maintenance of tht:
sidewalks shall be the responsibility of the party having jurisdiction of the right-of-way upon which :he
sidewalk is located.
FISCAL IMPLICATIONS:
The expenditure of the $10,000 has been budgeted in FY 09-10
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of IGA No. 26014.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Return document to George Kolb (ext. 7113) at the Road Department for forwarding on to ODOT fo
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 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:
March 5, 2010
Please complete all sections above the Official Review line.
Contractor/Supplier/Consultant Name:
(ODOT)
Contractor Contact:
3555
Type of Document:
Sheila Lyons
Department:
Road
Oregon Department of Transportation
Contractor Phone #:
503-986-
IGA No. 26014, 2010 - 2011 Pedestrian and Bicycle Program
Grant, Terrebonne Sidewalk and Pedestrian Crossing.
Goods and/or Services: This IGA is between ODOT and Deschutes County for the
installation of sidewalks in Terrebonne as part of ODOT's US 97: Crooked River Bridge
- Redmond Reroute project.
Background & History: In July of 2008, Deschutes County submitted a grant
application for sidewalks in Terrebonne. This grant was for the construction of
sidewalks in Terrebonne in conjunction with ODOT's US 97: Crooked River Bridge -
Redmond Reroute project. On November 20, 2008, Deschutes County was informed
that the ODOT Bicycle and Pedestrian Advisory Committee had awarded an amount of
$190,000 as the State share towards the sidewalk installation with Deschutes County
being responsible for $10,000 for a total amount of $200,000 to be applied to the
installation of sidewalks. The project has been completed but the agreement has not
been finalized as there was an issue with the agreement concerning the maintenance of
the sidewalks upon completion of the project in that Deschutes County would have
been responsible for the maintenance of all the sidewalks, both on the Highway and
within the County right-of-way. The wording has been resolved so that it states that the
maintenance of the sidewalks shall be the responsibility of the party having jurisdiction
of the right-of-way upon which the sidewalk is located.
Agreement Starting Date:
Date:
Upon Signature by all parties
Upon payment of County's share of the grant
Annual Value or Total Payment:
$10,000
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
Ending
3/5/2010
❑ 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
Is this a Grant Agreement providing revenue to the County? ❑ Yes ❑ 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 ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
322-7113
Department Director Approval:
George Kolb
Phone #:
541 -
Signature Dat
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.
Return document to George Kolb (ext. 7113) at the Road Department for forwarding on to
ODOT for final signature
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
3/5/2010
Misc. Contracts & Agreements
No. 26014
INTERGOVERNMENTAL AGREEMENT
2010-2011 Pedestrian and Bicycle Program Grant
Terrebonne Sidewalk and Pedestrian Crossing
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and DESCHUTES COUNTY, acting by and through its elected officials, hereinafter referred
to as "Agency", collectively referred to hereinafter as the "Parties".
RECITALS
1. US 97 (The DaIles-California Highway) is a state highway and is under the jurisdiction
of the Oregon Transportation Commission (OTC). B Avenue is under the jurisdiction
of the county.
2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and
366.576, State may enter into cooperative agreements with counties, cities, and units
of local governments for the performance of work on certain types of improvement
projects with the allocation of costs on terms and conditions mutually agreeable to the
contracting Parties.
3. By the authority granted in ORS 366.514, funds received from the State Highway
Trust Fund are to be expended by the State and the various counties and cities for
the establishment of footpaths and bicycle trails. For purposes of Article IX, Section
3(a), of the Oregon Constitution, the establishment and maintenance of such
footpaths and bicycle trails are for highway, road, and street purposes when
constructed within the right of way.
4. This Agreement addresses work to be performed in conjunction with State's US 97:
Crooked River Bridge — Redmond Reroute project (Key number 14551) and
addresses the funding responsibilities associated with such work.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is
agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State and Agency agree to design and construct a pedestrian
crossing with sidewalk on US 97 at B Avenue, hereinafter referred to as the "Project".
This Project work is to be performed by State in conjunction with the construction of
the State Transportation Improvement Project (STIP) for pavement preservation work
on US 97 from Crooked River Bridge to Redmond Reroute (Key number 14551). The
County/State
Agreement No. 26014
location of the Project is approximately as shown on the map attached hereto, marked
"Exhibit A," and by this reference made a part hereof. The Project work includes the
following:
a. Construction of sidewalks on the east side of US 97 from Central Avenue to
the driveway across from A Avenue;
b. Construction of sidewalks and curb on the west side of US 97 from Central
Avenue to C Avenue and from B Avenue to 11th Street;
c. Construction of sidewalk on B Avenue, adjacent to crossing of US 97;
d. Installation of crosswalk striping and pedestrian -actuated flashing beacon
crossing improvement.
2. Agency has determined that the total cost of the Project is estimated to be $319,165,
which is subject to change. State shall fund the Project in an amount not to exceed
$309,165, which includes $190,000 in State Bicycle and Pedestrian Program Grant
funds and $119,165 in Region 4 Sidewalk Improvement (SWIP) funds. Agency shall
provide a not to exceed contribution in the amount of $10,000. In the event the
Project will exceed the estimated budget, State, at its sole discretion, shall determine
whether to modify the Project scope to meet the Project estimated budget or to
commit additional state funds to the Project or both.
3. The Parties shall perform their respective obligations under this Agreement as
independent contractors and shall be exclusively responsible for all costs and
expenses related to its employment of individuals to perform the work under this
Agreement including, but not limited to, retirement contributions, workers'
compensation, unemployment taxes, and state and federal income tax withholdings.
4. The Parties shall cooperate in providing planning and coordination in all public
involvement, stakeholder involvement, technical reviews, and decision-making
processes for the Project, including resolving access management issues to facilitate
the success of the Agency's downtown streetscape design concept.
5. The term of this Agreement shall begin on the date all required signatures are
obtained and shall terminate on completion of the Project and final payment or ten
(10) calendar years following the date all required signatures are obtained, whichever
is sooner. The attached Special Provisions may contain additional termination
conditions.
2
County/State
Agreement No. 26014
AGENCY OBLIGATIONS
1. Agency shall, upon execution of this Agreement and receipt of a letter of request from
State, provide a lump sum payment of $10,000 for work performed by State for the
Project as per Terms of Agreement, Paragraph 2.
2. Agency hereby grants State, and/or its consultants or contractors, the right to enter
onto and occupy Agency right of way within the Project limits as well as other Agency
owned properties, adjacent to the Project, for the performance of fieldwork and
Project construction.
3. Agency shall enter into and execute this Agreement during a duly authorized session
of its Agency Council.
4. Agency's Project Manager for this Project is George Kolb, County Engineer,
Deschutes County, 61150 SE 27th Street, Bend OR 97701, (541) 322-7113.
STATE OBLIGATIONS
1. State shall, upon execution of this Agreement, forward to Agency a letter of request
for a lump sum payment of $10,000 for work performed by State for the Project as
per Terms of Agreement, Paragraph 2.
2. State, or its consultant shall be responsible to design and construct the US 97:
Crooked River Bridge to Redmond Reroute improvements, including:
a. Construction of sidewalks on the east side of US 97 from Central Avenue to
the driveway across from A Avenue
b. Construction of sidewalks and curb on the west side of US 97 from Central
Avenue to C Avenue and from B Avenue to 11th Street
c. Construction of sidewalk on B Avenue, adjacent to crossing of US 97
d. Installation of crosswalk striping and pedestrian -actuated flashing beacon
crossing improvement
3. State, or its consultant, shall, with the exception of Agency Obligations paragraph 2
above, conduct the necessary field surveys, environmental studies, traffic
investigations, preliminary engineering and design work required to produce and
provide final plans, specifications and cost estimates for the highway Project, identify
and obtain all required perrnits; perform all construction engineering, including all
3
County/State
Agreement No. 26014
required materials testing and quality documentation; prepare all bid and contract
documents; advertise for construction bid proposals; award all contracts; pay all
contractor costs, provide technical inspection, project management services and
other necessary functions for sole administration of the construction contract entered
into for this Project.
4. State shall involve Agency staff on the Project development team for planning and
coordination in all public involvement, stakeholder involvement, technical reviews and
information, Project development team participation, and decision-making processes
for the Project, including resolving access management issues to facilitate the
success of the Agency's downtown streetscape design concept.
5. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of current biennial budget.
6. State's Project Manager for the Project is Brian Paslay, District 10, 63055 Highway
97, Bend, OR 97701, (541) 388-6189, or assigned designee upon individual's
absence.
GENERAL PROVISIONS
1. This Agreement may be terminated by mutual written consent of both Parties.
2. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement, or
so fails to pursue the work as to endanger performance of this Agreement
in accordance with its terms, and after receipt of written notice from State
fails to correct such failures within ten (10) days or such longer period as
State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
4
County/State
Agreement No. 26014
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or if State is prohibited from paying for such work from the
planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the Parties prior to termination.
4. Parties agree that the maintenance of sidewalks shall be the responsibility of the
Party having jurisdiction of the right of way upon which the sidewalk is located.
5. If Agency fails to maintain facilities in accordance with the terms of the Agreement,
State, at its option, may maintain the facility and bill Agency, seek an injunction to
enforce the duties and obligations of this Agreement or take any other action allowed
by law.
6. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office,
the federal government, and their duly authorized representatives shall have access
to the books, documents, papers, and records of Agency, which are directly pertinent
to this Agreement for the purpose of making audit, examination, excerpts, and
transcripts for a period of six (6) years after final payment. Copies of applicable
records shall be made available upon request. Payment for costs of copies is
reimbursable by State.
7. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
8. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
Party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of
State to enforce any provision of this Agreement shall not constitute a waiver by State
of that or any other provision.
5
County/State
Agreement No. 26014
IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year
hereinafter written.
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 July 7, 2005, the Director and Deputy Director, Highways approved Subdelegation
Order No. 4, in which the Director and Deputy Director, Highways delegates authority to
the Technical Services Manager/Chief Engineer to approve and sign agreements over
$75,000 up to a maximum of $500,000 when the work is related to a project included in
the Statewide Improvement Program or in other system plans approved by the Oregon
Transportation Commission or in a line item in the legislatively adopted biennial budget.
SIGNATURE PAGE TO FOLLOW
6
County/State
Agreement No. 26014
DESCHUTES COUNTY by and through its STATE OF OREGON, by and through
designated officials its Department of Transportation
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
APPROVED AS TO LEGAL
SUFFICIENCY
By
Technical Services Manager/Chief Engineer
Date
APPROVAL RECOMMENDED
By
Region 4 Manager
Date
By
Pedestrian/Bicycle Program Manager
Date
By
Region 4 Right of Way Manager
Date
By
City Counsel By
District 10 Manager
Date
APPROVED AS TO LEGAL SUFFICIENCY
Date
Agency Contact:
George Kolb
County Engineer
61150 SE 27th Street
Bend, OR 97701
541-322-7113
georgek@co,deschutes.or.us
State Contact:
Sheila Lyons
Pedestrian and Bicycle Program Manager
355 Capital St. NE, Rm 222
Salem, OR 97301-3749
503-986-3555
By
Assistant Attorney General
Date:
7
„.
EXHIBIT A
I
Terrebonne Sidewalks
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Existing Sidewalk
Bike Lanes
0
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PdMed: Jun 1e, 2000
a.. Deschutes County Road Department
a..ra
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