HomeMy WebLinkAboutHuntington Rd - Riverview Dr Overlay Amendmt�uTEsC
W A
Deschutes 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 June 24, 2009
Please see directions for completing this document on the next page.
DATE: June 12, 2009
FROM: George Kolb, County Engineer Road Department 322 -7113
TITLE OF AGENDA ITEM:
Consideration of signature of Document No. 2009 -338, Amendment No. 1 to the Local Agency
Agreement No. 25458, American Recovery and Reinvestment Act of 2009 (ARRA) and the ARRA
checklist for local agencies addressing ODOT's and Deschutes County's responsibilities regarding the
use of the Stimulus Funding for the overlay of Huntington Road/Riverview Drive.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The overlay of Huntington Road /Riverview Drive from South Century Drive to Burgess Road has been
accepted for funding through the American Recovery and Reinvestment Act of 2009 (ARRA). The
funds will come from the portion of Oregon's ARRA funds sub - allocated to cities, counties and
metropolitan areas. According to the distribution formula, Deschutes County will receive up to
$1,044,479 for the overlay of Huntington Road /Riverview Drive. The original agreement was signed
by the Board of County Commissioners on April 8, 2009. On May 22, 2009, the Road Department was
informed that ODOT was in the process of preparing amendments to the original local agreements to
correct some dates and wording inconsistencies. In review or our original document, it was noticed that
the title did not include a reference to Riverview Drive that is included in the project. This amendment
corrects that issue. The amendment does not alter any funding that we receive and also does not affect
the work that has been done to date on the project.
FISCAL IMPLICATIONS:
Deschutes County will be responsible for any project costs over and above the $1,044,479. This was
anticipated and is included in the FY 09 -10 budget
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Document No. 2009 -338, Amendment No. 1 to the
Local AgencyAgreement No. 25458
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Originals are to be returned Wanda Kunz (ext. 7103) at the Road Department for forwarding on to
ODOT for their signatures.
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:
6/12/2009
Contact Person:
Please complete all sections above the Official Review line.
George Kolb
Department:
Contractor /Supplier /Consultant Name:
ODOT
Road Department
Phone #:
322 -7113
Goods and/or Services: provides for the use of Stimulus Funding provided through the
American Recovery and Reinvestment Act of 2009 (ARRA) for the overlay of Huntington
Road /Riverview Drive.
Background & History: The overlay of Huntington Road /Riverview Drive from South
Century Drive to Burgess Road has been accepted for funding through the American
Recovery and Reinvestment Act of 2009 (ARRA). The funds will come from the portion
of Oregon's ARRA funds sub-allocated to cities, counties and metropolitan areas.
According to the distribution formula, Deschutes County will receive up to $1,044,479
for the overlay of Huntington Road /Riverview Drive. The original agreement was signed
by the Board of County Commissioners on April 8, 2009. On May 22, 2009, the Road
Department was informed that ODOT was in the process of preparing amendments to
the original local agreements to correct some dates and wording inconsistencies. In
review or our original document, it was noticed that the title did not include a reference
to Riverview Drive that is included in the project. This amendment corrects that issue.
The amendment does not alter any funding that we receive and also does not affect the
work that has been done to date on the project.
Agreement Starting Date: April 17, 2009 Ending Date:
30, 2015
Annual Value or Total Payment:
$1,044,479
September
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
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
Departmental Contact:
Title:
County Engineer
George Kolb
Phone #:
322 -7113
6/12/2009
Department Director Approval:
/ /2 /cry
Signature Date
Distribution of Document: Include complete information if 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
6/12/2009
Misc. Contracts and Agreements
Agreement No. 25458
AMENDMENT NO. 1
LOCAL AGENCY AGREEMENT
American Recovery and Reinvestment Act of 2009
1 R- Paving
Huntington Road /Riverview Drive: South Century Drive - Burgess Road
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 ", entered into Local Agency Agreement No. 25458 on
April 17, 2009. Said Agreement covers a 2 -inch pavement overlay in accordance with 1R
Guidelines, hereinafter referred to as "Project ".
It has now been determined by State and Agency that the Agreement referenced above
shall be amended to correct inconsistencies in the Agreement language. Except as
expressly amended below, all other terms and conditions of the Agreement are still in full
force and effect.
Exhibit A -2 shall be deleted in its entirety and replaced with the attached Revised
Exhibit A -2. All references to Exhibit A -2 shall hereinafter be referred to as "Revised
Exhibit A -2"
RECITALS, Paragraph 1, Page 1, which reads:
1. Huntington Road, South Century Drive, and Burgess Road are a part of the county
road system under the jurisdiction and control of Agency.
Shall be deleted in its entirety and replaced with the following:
1. Huntington Road, Riverview Drive, South Century Drive, and Burgess Road are a part
of the county road system under the jurisdiction and control of Agency.
TERMS OF AGREEMENT, Paragraph 2, Page 2, which reads:
2. The Project shall be conducted as a part of the ARRA Program under Title 23, United
States Code. The total Project cost is estimated at $1,263,000, which is subject to
change. ARRA Program funds for this Project shall be limited to $1,044,479. The
Project will be financed with ARRA funds at 100 percent of the maximum allowable
federal participating amount. Agency will not be required to provide a match for the
ARRA funds but will be responsible for any non - participating costs, including all costs in
excess of the available federal funds.
Shall be deleted in its entirety and replaced with the following:
2. The Project shall be conducted as a part of the ARRA Program under Title 23, United
States Code. The total Project cost is estimated at $1,263,000, which is subject to
Key No. 16474
DC 2009.338
Agency /State
Agreement No. 25458
change. ARRA Program funds for this Project shall be limited to $1,044,479. The
Project will be financed with ARRA funds at 100 percent of the maximum allowable
federal participating amount. Agency will not be required to provide a match for the
ARRA funds but will be responsible for any non - participating costs, including all costs in
excess of the available federal funds. No ARRA funded invoices will be accepted and no
ARRA funded payments will be made after September 30, 2015.
TERMS OF AGREEMENT, Paragraph 5, Page 2, which reads:
5. Agency shall place signs that identify Project as "American Recovery and
Reinvestment Act of 2009" (State approved design). Agency may affix additional
signage that identifies local funds used for the Project.
Shall be deleted in its entirety and replaced with the following:
5. Agency shall place signs that identify Project as "American Recovery and Reinvestment
Act of 2009" (State approved design) as described in the ODOT Technical Bulletin TR09-
02(B) (or most current version) titled "Project Identification Sign for ODOT Economic
Stimulus Projects ". Agency may affix additional signage that identifies Agency funds
used for the Project.
TERMS OF AGREEMENT, Paragraph 7, Page 2, which reads:
7. The term of this Agreement will begin upon execution and will terminate upon completion
of the Project and final payment or September 30, 2015, whichever is sooner. No work
can begin on this Project until Agency receives a Notice to Proceed from State's Local
Agency Liaison.
Shall be deleted in its entirety and replaced with the following:
7. The term of this Agreement will begin upon execution and will terminate upon completion
of the Project and final payment or September 30, 2015, whichever is sooner. Any work
performed prior to Notice to Proceed from State's Local Agency Liaison will not be
reimbursed.
Exhibit A -1, Project Limits, first sentence, which reads:
Huntington Road from South Century Drive to Burgess Road.
Shall be deleted in its entirety and replaced with the following:
Huntington Road /Riverview Drive from South Century Drive to Burgess Road.
SPECIAL PROVISIONS, Paragraph 5, Page 8, which reads:
2
Agency /State
Agreement No. 25458
5. Final billings shall be submitted to State for processing within two (2) years from the
end of each funding phase as follows: 1) award date of a construction contract for
preliminary engineering (PE) and 2) third notification for construction. Partial billing
(progress payment) shall be submitted to State within one (1) year from the date that
costs are incurred. Final billings submitted after two (2) years shall not be eligible for
reimbursement. No ARRA funded invoices will be accepted and no AARA funded
payments will be made after March 1, 2010. State shall not be responsible to provide
additional funding to Agencies that do not have final billings processed before this date.
Shall be deleted in its entirety and replaced with the following:
5. Final billings shall be submitted to State for processing within two (2) years from the
end of each funding phase as follows: 1) award date of a construction contract for
preliminary engineering (PE) and 2) third notification for construction. Partial billing
(progress payment) shall be submitted to State within one (1) year from the date that
costs are incurred. Final billings submitted after two (2) years shall not be eligible for
reimbursement. No ARRA funded invoices will be accepted and no ARRA funded
payments will be made after September 30, 2015. State shall not be responsible to
provide additional funding to Agencies that do not have final billings processed before
this date.
SPECIAL PROVISIONS, Paragraph 6, Page 8, which reads:
6. If Project involves pavement overlay on a bridge, Agency shall either (a) load rate the
bridge when adding two (2) inches of pavement depth to an existing bridge deck to
determine if the capacity of the bridge or (b) remove two inches of Asphalt Concrete
(AC) from the bridge deck and then place two inches back for a zero net gain of
Asphalt Concrete (in -lay /over -lay) on the bridge deck. Agency shall then sawcut the
new AC pavement at the bridge ends and fill with poured joint filler to account for bridge
movement.
Shall be deleted in its entirety and replaced with the following:
6. If Project involves pavement overlay on a bridge, Agency shall either (a) Toad rate the
bridge when adding two (2) inches of pavement depth to an existing bridge deck to
determine the capacity of the bridge or (b) remove two inches of Asphalt Concrete (AC)
from the bridge deck and then place two inches back for a zero net gain of Asphalt
Concrete (in -lay /over -lay) on the bridge deck. Agency shall then sawcut the new AC
pavement at the bridge ends and fill with poured joint filler to account for bridge
movement.
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.
3
Agency /State
Agreement No. 25458
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 amended into the 2008 -2011 Statewide Transportation Improvement
Program, Key No. 16474 that was approved by the Oregon Transportation Commission on
November 14, 2007 or will subsequently be approved by amendment to the STIP.
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.
Deschutes County, by and through its STATE OF OREGON, by and through
elected officials its Department of Transportation
By By
Deputy Director, Highways
Date
Date
By
APPROVAL RECOMMENDED
Date
By
APPROVED AS TO LEGAL Local Government Section Manager
SUFFICIENCY
Date
By
Agency Counsel APPROVED AS TO LEGAL
SUFFICIENCY
Date
Agency Contact:
George Kolb, County Engineer
61150 SE 27th St
Bend, OR 97702
georgek @co.deschutes.or.us
541.322.7113
State Contact:
By
Assistant Attorney General
Date:
4
Agency /State
Agreement No. 25458
Darrell Newton, ODOT Region 4
63085 N Hwy 97, Ste 101
Bend, OR, 97701 -5754
Darrell.R.Newton @ODOT.state.or.us
541.388.6282
5
Agency /State
Agreement No. 25458
Revised Exhibit A -2
Map
0 1.5
t*r ratt..ai4n rt L.i rql mid droved, nub dyw db�sm
2 Wes Ltarthnw C*+wt}^t QQ1 c.. aratibia* foe owimatia.
map. anit* prwirlea wnr. o•aaw.r+ er.. ,ta+otant
der el ata r*In rands. that tw rld .rhr,Y.,=pm...is
N.tmaW.AqMryvno..ety owawawt• ew.ra..
a.atttia■ patrat aemrep+.•+u nu unetnc t .w aw .rtRet.
Printed: January 7. 200.9
Key No. 16474
-W-� 9trsvna
Wb'JmN
Deschutes County Rod d Deportment
Cr•nsis
Jb.w N•itesan_r6 Sp.c,aaI
Y. »I J i'nr
f..�t
.n na 41ssb SF%? •
av . s:7
T:
PMrc.IS_Pro clit rerhy*'Ja._C5
This checklist is required for all ARRA - funded projects awarded to local government agencies,
as a condition of ODOT signing the attached Local Agency Agreement for the Project.
Instructions: (1) Read the referenced sections of the Local Agency Agreement; (2) Initial each
box below; (3) Sign at the bottom of the page.
Huntington Road /Riverview Drive: South Century Drive - Burgess Road
Deschutes County, Agreement No. 25458
I understand that the following provisions apply to the fun ds approved for this Project:
ARRA funds are not a grant. They are paid as reimbursement for actual Project costs based
on invoices approved by ODOT or a certified local agency.
Project approval by ODOT, and inclusion in the Statewide Transportation Improvement
Program (STIP), do not constitute formal authorization to begin work. Any costs incurred
prior to FHWA Authorization and ODOT Notice to Proceed will not be reimbursed.
(Terms of Agreement #3)
ARRA funds are available only until March 3, 2010. State may withdraw funds not
obligated for construction by that date, and will not replace the withdrawn ARRA funds.
(Terms of Agreement #10)
6&*i There is no match required for the ARRA funds but the Local Agency is responsible for
non - participating Project costs. (Terms of Agreement #2; Standard Provisions #23 and #24)
(a"- The Local Agency has responsibility for long -term maintenance of the Project.
(Special Provision #7; Standard Provision #47)
, The Local Agency will have to repay ARRA and other federal funds under conditions
described in Terms of Agreement #8 and Standard Provision #32.
I understand that the following: sections of the Standard' Provisions apply to this Project:
Project Administration (1, 2)
Preliminary and Construction Engineering (3, 4)
t - USDOT Assistance Agreement (5 -9)
State Obligations including: Project Funding Request (10), Finance
(11), Project Activities (12 -16), Right -of -way (17 -22)
Agency Obligations including: Finance (23 -33), Railroads (34), Utilities (35, 36),
Standards (37 -41), Grade Change Liability (42 -44), Contractor Claims (45, 46),
Maintenance Responsibilities (47), Workers Compensation Coverage (48), Lobbying
Restrictions (49A -49E)
Authorized Agency Official Date
25458