HomeMy WebLinkAboutDoc 608 - Skyliners Road Improv Project 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 September 22, 2010
DATE: September 7, 2010
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2010-608, Project Agreement between Deschutes
County, the City of Bend and the Federal Highway Administration for the Skyliners Road project.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County is working with the Federal Highway Administration, Western Federal Lands
Highway Division (FHWA) and the City of Bend on the reconstruction of Skyliners Road along with
the installation of the City of Bend's waterline along Skyliners Road. The three agencies have
combined their projects to try and get Skyliners Road reconstructed along with the installation of the
City of Bend's new waterline from the intake structure down to the City's Outback Site. In order to
combine the projects, the FHWA required a Project agreement between the three agencies to outline
each agencies responsibilities concerning the project. The responsibilities for Deschutes County per
this agreement are as follows:
1. Provide existing R/W data for the Road Improvement Project.
2. Prepare right-of-way documents for acquisition of privately owned parcels, if required for the Road
Improvement Project.
3. Coordinate utility relocations for the Road Improvement Project.
Deschutes County has been responsible for the right-of-way acquisition on previous Federal Highway
Projects such as South Century Drive. There are three originals that will need to be signed for future
distribution to the FHWA and City of Bend
FISCAL IMPLICATIONS:
Deschutes County will be responsible for the cost of right-of-way acquisition on the project if the
design indicates that right-of-way will be needed. There is an amount budgeted for right-of-way
acquisition in the 2010-2011 FY budget and if right-of-way is needed for construction, the amount will
need to be budgeted in the 2011-2012 FY budget.
RECOMMENDATION & ACTION REQUESTED:
After review of the information with the BOCC, move Board signature of Document No. 2010-608,
Project Agreement between Deschutes County, the City of Bend and the Federal Highway
Administration for the Skyliners Road Project.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Return all three signed originals to Wanda Kunz (ext. 7103) at the Road Department for further
distribution to the FHWA and City of Bend.
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:
Please complete all sections above the Official Review line.
September 7, 2010
Contractor/Supplier/Consultant Name:
Contractor Contact:
619-7568
Department:
Road
Federal Highway Administration/City of Bend
Mike Odem, FHWA
Type of Document: Project Agreement
Contractor Phone #:
Goods and/or Services: Outlines responsiblities of the Federal Highway
Adminstration, City of Bend and Deschutes County concerning the Skyliners Road
project.
360 -
Background & History: Deschutes County is working with the Federal Highway
Administration, Western Federal Lands Highway Division (FHWA) and the City of Bend
on the reconstruction of Skyliners Road along with the installation of the City of Bend's
waterline along Skyliners Road. The three agencies have combined their projects to try
and get Skyliners Road reconstructed along with the installation of the City of Bend's
new waterline from the intake structure down to the City's Outback Site. In order to
combine the projects, the FHWA required a Project agreement between the three
agencies to outline each agencies responsibilities concerning the project. The
responsibilities for Deschutes County per this agreement are as follows:
1. Provide existing R/W data for the Road Improvement Project.
2. Prepare right-of-way documents for acquisition of privately owned parcels, if required
for the Road Improvement Project.
3. Coordinate utility relocations for the Road Improvement Project.
Deschutes County has been responsible for the right-of-way acquisition on previous
Federal Highway Projects such as South Century Drive. There are three documents
that will need to be signed for future distribution to the FHWA and City of Bend
Agreement Starting Date:
10/1/2010
Annual Value or Total Payment:
N//
Ending Date:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
6/30/2013
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
9/3/2010
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: George Kolb, County Engineer
Phone #: 541-322-7113
Department Director Approval:
,mow,
Signature
Gf7f0
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
9/3/2010
Project Agreement
This Agreement is among the City of Bend, an Oregon municipal corporation
(City); Deschutes County, a political subdivision of the State of Oregon (County);
and the Federal Highway Administration, Western Federal Lands Highway
Division, an agency of the United States of America (FWHA).
Purpose of this Agreement: This agreement documents the intent of the
parties and sets forth the responsibilities of each for development, construction,
and future maintenance of OR PFH 247(1) Skyliners Road and cooperating with
the City of Bend during development and construction of the City's Pipeline
Project.
Authority: This agreement is entered into by the undersigned parties pursuant
to the provisions of 23. U.S.C. 204, Highways, Federal Lands Highway Program.
Recitals:
Skyliners Road was established by Deschutes County in 1938 per
Commissioners Journal 3, Page 404 with a 60 foot wide righ-of-way. The County
is responsible for the maintenance of the road and acquisition of any needed
road right-of-way and or easements.
The Skyliners Road project, OR PFH 247(1) is a designated Forest Highway
project funded under the Federal Lands Highway Program. The FWHA is
responsible for project development and construction, of the road improvement
project.
The City of Bend owns and operates a main raw water pipeline that runs parallel
to Skyliners Road and crosses the road in places. The City plans to replace the
existing pipeline with a new pipeline that would follow a new route (the Pipeline
Project). The City's preferred new route for the Pipeline Project is along
Skyliners Road, within the road right-of-way.
The FWHA plans to improve Skyliners Road within the next five years (the Road
Improvement Project).
Work on the Pipeline Project needs to be coordinated with the Road
Improvement Project to avoid damage to the newly reconstructed road and to
coordinate construction sequencing of the Road Improvement Project and the
Pipeline Project.
Reference: OR PFH 247, Skyliners Road
Page 1 of 7
The parties are exploring ways to maximize coordination and efficiency and to
minimize costs.
Understanding:
The parties agree to mutually cooperate to maximize coordination between the
Road Improvement Project and the Pipeline Project. At a minimum, the parties
intend to coordinate scheduling of the two projects so that the road
improvements are not installed before the Pipeline is installed.
The parties intend to try to further maximize coordination by seeking ways to
combine the Road Improvement Project and Pipeline Project for purposes of
contracting and construction.
The parties anticipate working together to try to reach agreement on a combined
project.
Both the Road Improvement Project and the Pipeline project will require issuance
of a National Environmental Policy Act of 1969 (NEPA) decision document. This
Agreement sets forth pre -NEPA decision responsibilities and post -NEPA decision
responsibilities. It is understood that post -NEPA decision responsibilities will only
arise if a NEPA decision is reached to proceed with the projects. If the NEPA
decision for either project is to discontinue work or modify the scope of the work,
then this agreement will be amended or terminated to adjust agency
responsibilities.
Project Name: OR PFH 247(1) Skyliners Road (Road Improvement Project)
City of Bend Pipeline Project
Project Location/Description: The proposed Road Improvement Project
(Skyliners Road) begins at the western city limits of Bend, at Milepost [MP] 1.67,
and extends westerly for approximately 8.4 miles to the junction with Forest
Service Road 4603 at MP 10.04. The proposed project would reconstruct
Skyliners Road to minimum AASHTO design standards and provide
accommodation for bicyclists outside the traveled way. The proposed typical
roadway section would consist of one 11 -foot travel lane and 5 -foot paved
shoulder on each side of centerline.
The project area for the proposed Pipeline Project begins at the intake facility on
Bridge Creek above the confluence of Bride Creek and Tumalo Creek then
extends easterly along Forest Service Road 4603, then east along Skyliners
Road to the access road into the City's Outback Site near Milepost [MP] 3.75.
Reference: OR PFH 247, Skyliners Road
Page 2 of 7
The Pipeline Project would replace the existing deteriorating water line with a
new 36 -inch steel pipe. The new waterline would be installed within the footprint
of Forest Road 4603, Skyliners Road, and the Outback access road. The final
location of the waterline will be determined through agreement between the City
of Bend and Deschutes County.
Design Standards: US customary units (English) of measure will be utilized for
design.
Responsibilities: The FHWA in cooperation with Deschutes County will be
responsible for development and administration of the road improvement project.
The City of Bend will be responsibility for development and administration of the
Pipeline Project. Specific responsibilities are set forth as follows:
FHWA will:
• Prepare NEPA documentation for the Road Improvement Project;
• Coordinate with USFWS, Corps, DSL, and DEQ during the NEPA
document development and permit review;
• Provide preliminary through final design for the Road Improvement
Project:
• Obtain all permits for roadway work;
• Prepare Highway Easement Deed containing mutually acceptable
conditions and necessary Exhibits for easements across USFS System
land for the Road Improvement Project;
• Issue a NEPA decision document for the Road Improvement Project:
• Provide or assist the City of Bend with environmental resource surveys
and documentation needed for evaluation of the Road Improvement
Project and Pipeline Project. This excludes funding work outside the
scope of the Roadway Improvement Project
• Conduct consultation with Tribal Governments and the Oregon State
Historic Preservation Officer to obtain clearances and approvals required
under Section 106 of the National Historic Preservation Act,
• Provide design data, resource data and impact analysis for the Road
Improvement Project,
• Freely share project information
• Advertise, and award a construction contract for the Road Improvement
Project: and
• Administer the Road Improvement Project construction contract.
FHWA will not solicit bids for the Road Improvement Project until the final plans,
specifications, and estimate (PSE) package has been concurred with in writing
by the County.
Reference: OR PFH 247, Skyliners Road
Page 3 of 7
City of Bend will:
• Provide or assist the FHWA with environmental resource surveys and
documentation needed for evaluation of the Pipeline Improvement Project
and Road Improvement Project. This excludes funding work outside the
scope of the Pipeline Project
• Work with the USDA Forest Service to complete NEPA decision
documents for the Pipeline Project,
• Obtain all permits for the Pipeline Project,
• Provide design data, resource data and impact analysis for the Pipeline
Project,
• Advertise, and award a construction contract for the Pipeline Project: and
• Administer the construction contract for the Pipeline Project:
Deschutes County will:
• Provide existing R/W data for the Road Improvement Project,
• Prepare Right-of-way documents for acquisition of privately owned
parcels, if required, for the Road Improvement Project
• Coordinate utility relocations for the Road Improvement Project
Special Conditions:
For the Road Improvement Project, the County will be responsible for the
preparation of any needed R/W documentation for affected private property and
acquisition of private right-of-way. Costs associated with right-of-way are the
responsibility of the County.
Under the provisions of 23 USC 317 and 23 USC 107(d) FHWA is authorized to
act as a land transfer agent to transfer an interest in land from the United States
to a State DOT or County. The FHWA will prepare a Highway Easement Deed
containing mutually acceptable conditions and necessary Exhibits for approval by
both agencies. Approval for transfer of the land by the Controlling Agency will be
given in the form of a "Letter of Consent". Upon receipt of the "Letter of Consent"
the FHWA will finalize the Highway Easement Deed and submit to the County for
acceptance and signature. The County will then record the fully executed deed.
For the Road Improvement Project, the County will coordinate utility relocation
and will negotiate reimbursement agreements with the utility companies. In
accordance with 23 CFR PART 645.103; any applicable reimbursement to the
utility company will be governed by State law or regulation. Utility relocation costs
will be paid for by the FHWA, by the respective utility companies, or shared by
parties in accordance with State statute or existing occupancy permits.
For the Road Improvement Project, the County agrees to enter into agreement or
contract with the utility companies to have the impacted utilities relocated. The
County will perform utility relocation inspection for all relocation work. The County
Reference: OR PFH 247, Skyliners Road
Page 4 of 7
is responsible to ensure that the utility companies perform all utility relocation
required prior to construction in a timely manner that does not delay construction.
For the Pipeline Project utility relocation costs associated will be paid for by the
City of Bend or by the respective utility companies, or shared by parties in
accordance with State statute or existing occupancy permits
Deschutes County has jurisdictional and maintenance responsibility for Skyliners
Road. After construction has been completed, the County will continue with
jurisdictional responsibility, and operate and maintain the road at the County's
expense. Road maintenance is defined as the act of keeping the road in
acceptable condition. Maintenance includes preventive maintenance, normal
repairs, replacement of parts and structural components, and other activities
needed to preserve the road so that it continues to provide acceptable service
and achieves its expected life.
Anticipated Schedule for Project Development: The following proposed
schedule anticipates that the environmental document and permitting for the
project would be completed in the summer of 2012. If issues are encountered
during the course of environmental documentation and permitting, the schedule
would be delayed.
Road Improvement Project Schedule (Based on February 2013 for a contract
advertisement)
o Project Kick -Off
o Complete NEPA and Preliminary Design
o Final Plans, Specifications and Estimate
o Complete RNV Acquisition (if needed)
o State Construction
Pipeline Project Schedule
o Project Kick -Off
o Complete NEPA and Preliminary Design
o Complete RNV Acquisition (if needed)
o Start Construction
Spring/Summer 2010
Spring of 2012
Spring 2013
Spring 2013
Summer 2013
Spring/Summer 2010
Spring 2012
N/A
Summer 2013
The schedule shown does not include float time for unanticipated additional
environmental clearance requirement. If these conditions occur, the schedule
will be updated to reflect the changes. .
Construction: As soon as practical after the plans are complete, permits are
completed, and the funding is in place, FHWA will either solicit or work with the
City of Bend to solicit construction services. If construction services for the Road
Reference: OR PFH 247, Skyliners Road
Page 5 of 7
Improvement Project are procured separate from construction services for the
Pipeline project, the FHWA will solicit bids or negotiate with a contractor (if the
contractor or location meets required qualifications for 8a or Hub Zone) to
improve Skyliners Road according to the project plans and in accordance with
the Federal Acquisition Regulations (48 CFR 1) and the Transportation
Acquisition Regulations (48 CFR 12).
During the construction phase of the Roadway Improvement Project, FHWA will
provide construction support personnel to conduct contract oversight to ensure a
quality product.
Upon completion of the Road Improvement Project, FHWA, and the County hold
a final inspection. When it is determined that the project has been constructed in
substantial conformity with the approved plans and specifications, the County will
accept the route(s) for maintenance and operation.
Funding: The funds for the Road Improvement Project will be provided through
the Federal Lands Highway Program Administered by FHWA. The current
program has authorized construction funding (CN) in the amount of $8.9 million
in Fiscal Year 2012. Addition funding will be made available by FHWA for
Preliminary Engineering and Construction Engineering for the Road Improvement
Project.
Funding for the Pipeline Project will be provided by the City of Bend or through
Federal grants.
Reference: OR PFH 247, Skyliners Road
Page 6 of 7
C
Amendments to the Project Agreement: This Project Agreement may be
modified by mutual agreement of the affected parties.
Termination: This Project Agreement may be terminated by mutual written
consent of all parties. Any termination of this agreement shall not prejudice any
rights or obligations accrued to the parties prior to termination.
This Agreement shall be effective as of the date of the latest signature below.
Chair
Commissioner Commissioner
Date
Board of Commissioners Deschutes County, OR
aiAA, fti Date 01511 I o
-Cost' Fede I Highway Administration, Western Federal Lands Highway Division
Clara Conner, Division Engineer
City of Bend
Eric King, City Manager
Date:
Date
Reference: OR PFH 247, Skyliners Road
Page7of7