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HomeMy WebLinkAboutDoc 002 - Amend Fed Match Agrmt - Fall Cr BridgeDeschutes 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 January 5, 2015 DATE: December 22, 2014 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board signature of Document No. 2015-002, Modification Number One to the Federal Lands Access Program (FLAP-21) Match 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. The original estimated cost of the project was $1,234,500 with Federal Highways contributing $1,107,717 and Deschutes County's contribution estimated to be $126,783. The original proposed budget assumed the use of GRS abutments for the new bridge, which are a less expensive foundation for the bridge construction. After the geotechnical and seismic evaluation was completed, it was detennined that the GRS abutments would not work and the design was changed to a steel pile foundation. This changed increased the cost of the project to where the Federal Highways contribution will be $2,305,235 and Deschutes County's match amount will be $263,847. The in-kind match amounts originally proposed by the County in the original agreement are still valid and will not be revised per this agreement. FISCAL IMPLICATIONS: Funding for this project will be budgeted via the Capital Improvement Project (CIP) budget line. The Road Department has accumulated CIP reserves in excess of the required match amount. Additionally, SDC funds can be utilized for the match requirement as well. RECOMMENDATION & ACTION REQUESTED: Move approval of Board signature of Document No. 2015-002, Modification Number One to the Federal Lands Access Program (FLAP-21) Match Agreement for the Fall Creek Bridge Replacement. ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Return both originals to Sheila OdIe (ext. 7148) at the Road Department for forwarding on to the Federal Highway Administration for final signature. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This fonn 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 Fonn is also required. If this fonn is not included with the document. the document will be retumed 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 fonn with your documents, please submit this fonn electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: IDecember 22, 20141 Department: IRoadl Contractor/Supplier/Consultant Name: Federal Hi Administration Contractor Contact: homas Lone an Contractor Phone #: ~ ~19-789ij Type of Document: Federal Lands Access Program Project Match Agreement Goods and/or Services: This Agreement outlines the fiscal responsibilities of 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. The original estimated cost of the project was $1,234,500 with Federal Highways contributing $1,107,717 and Deschutes County's contribution estimated to be $126,783. The original proposed budget assumed the use of GRS abutments for the new bridge which are less a expensive foundation for the bridge construction. After the geotechnical and seismic evaluation was completed, it was determined that the GRS abutments would not work and the design was changed to a steel pile foundation. This changed increased the cost of the project to where the Federal Highways contribution will be $2,305,235 and Deschutes County's match amount will be $263,847. The in-kind match amounts originally proposed by the County in the original agreement are still valid and will not be revised per this agreement. Agreement Starting Date: IUpon Signaturej Ending Date: IProjec~ Annual Value or Total Payment: INone! o Insurance Certificate Receiled (CleCk box) Insurance Expiration Date: Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K) 12/22/2014 D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? r8J Yes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? DYes l8J 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#: '------' Departmental Contact and Title: George Kolb, County Engineer Phone#: 541-322-7113 f __ ~. Department Director Approval: --~----=-'7t---- SiQflitUf"e 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): D BOCC D Department Director (if <$25K) Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____1 Legal Review Date Document Number __ 12/22/2014 Fall Creek Bridge Replacement 2013 Oregon Federal Lands Access Program Fall Creek Bridge Project location I 2,000 , 3,000 I 4,000 Feet Print: November 14, 2012 Legend Joh n And erson, GIS Analyst Ph<.ine; (541) 322·7102 Emil!: JOh o~.crv A<tIre5I5 : 61150 5E 27tlt 51 ) ( Bridge Milepost The infonnaIioo on this mep wllS *riwd fran dlJDl doiIIIt.s.. on ~CounIy's GJ.S . c••was.un in .... crnlioo olthis--County Road map, but ~ .. pr""ided "as is". Oeschules County ....noI ..apt ..y responsibility for en<>rs, omssicons, 0' posili_l ..curacy in !he dgilal--Stream ..... Of the u~ng rec.,.ds. Th_ are now.,""ies, ..pess or implied, inducing th_ w..,.,ney of _'mwnDIiIy or ftIness b • partie ...., purpose, accanponying lIDs ",oGIct. ~, node..enLake of ~.,ers wil b_ ."",eciatad. PlArcGIS_ProjedSl Bridgesl Fa ll Creek Bridge Replacement Western Federal Lands Highway Division, FHWAUS Department of Transportation Federal Lands Access Program 610 E. Fifth Street Federal Highway Administration Match Agreement Vancouver,WA 98661 State: Oregon Mod Number 1 Project Number/Name: OR PFH 46(13), Fall Creek Bridge Replacement Parties to this Agreement: U.S. Department of Transportation Federal Highway Administration Western Federal Lands Highway Division, FHWA and Deschutes County Purpose of Agreement: The purpose of this agreement is to document the intent of Deschutes County to meet its match requirement for the subject project as authorized under the Moving Ahead for Progress in the 21st Century Act (MAP-21)' Title 23 U.S.C 120(b). With this agreement, Western Federal Lands Highway Division, FHWA authorizes this project as eligible for federal partiCipation. The purpose of this project is to eliminate load limits and debris accumulation on the Fall Creek Bridge on the Cascade Lakes Highway at MP 26.52. This agreement does not commit the parties to complete the project, but, rather sets forth the respective responsibilities as the project proceeds. Any subsequent decisions to complete final design and to construct the project will depend on authorizing legislation, NEPA analysis, availability of appropriations, and matching funds at the time of obligation. The authority for FHWA to enter into this agreement is under Title 23 U.S.c. Section 204. Funding: The Federal Lands Access Program of the Moving Ahead for Progress in the 21st Century Act (MAP-21) authorizes FHWA to provide funding for specific projects. The Program Decision Committee (PDq, consisting of FHWA, the State of Oregon, and an organization representing the local agencies of the state, is designated to jOintly decide upon projects funded in the state. The PDC has decided to provide funding for the development of this project and to program the project for construction in FY 2015 under the Oregon State Federal Lands Access Program. The matching requirement under MAP-21 will be met by Deschutes County and other agencies that have committed to the project in subsequent agreements. The forms of match may be those consistent with the 'Federal-Aid Guidance Non­ Federal Matching Requirements' (http://www.fhwa.dot.gov/legsregs/directives/policy/fedaid.-8uidance_nfmr.htm) as shown in the Funding Plan. In the state of Oregon, the match rate is 10.27% of the total project cost. Deschutes County will be responsible for meeting their match requirement for their share of costs incurred on the project after October 1, 2012; which is the date for implementation of MAP-21. OR PFH 46(13) Fall Creek Bridge Replacement Page 1 of 6 Western Federal lands Highway Division, FHWA US Department of Transportation Federal lands Access Program 610 E. Fifth Street Federal Highway Administration Match Agreement Vancouver, WA 98661 Budget: The following documents the expected costs of this project and the Match required: Item Amount Planning Preliminary Engineering $287,000 Construction $1,816,000 Construction Engineering $284,500 Contingency -Contract Mods $181,600 Total Estimated Cost: $2,569,100 Match Rate Required (23 USC 120): 10.27% * Calculated by multiplying the Total Estimated Cost that is Value of Match Required*: $263,847 subject to match requirements by the percentage match required. OR PFH 46(13) Fall Creek Bridge Replacement Page 2 of6 Western Federal Lands Highway Division, FHWA US Department of Transportation Federal Lands Access Program 610 E. Fifth Street Federal Highway Administration Match Agreement Vancouver,WA 98661 All Access Program expenditures associated with this project after October 1, 2012 will need to be matched by a Non­ Federal source, by other Federal funds other than those made available under Titles 23 and 49 of the United States Code, or by funds made available under 23 U.S.c. 202 and 203. Estimated costs are based on the best budgeting information known at this time. The final cash Match will be determined based on actual expenditures at the conclusion of project work. Matching cash funds in FHWA receipt may need to be supplemented, or returned, once actual expenditures are determined. As noted under Modifications, if costs increase over the amount within this agreement, the PDC will consult with the signing agency before granting approval. The following agencies have agreed to contribute the amounts shown which will reduce the federal share by the same amount. The Funding Plan is as follows (Includes all agencies that are cooperating in the project): Agency Contributions: Phase Agency Form Due Received Value Comment PE Deschutes Cty In-Kind Service 12/1/2013 $14,465 Survey PE Deschutes Cty In-Kind Service 1/1/2015 $6,846 Plan reviews and site visits by County Engineer CN Deschutes Cty Cash 1/1/2015 $224,480 Match for CN, CE, CM CE Deschutes Cty In-Kind Service 1/1/2016 $18,056 Preconst mtg, site review durign constr, coordination Total: $263,847 Total W/O Toll Credits: $263,847 Deschutes County is ONLY responsible for their respective match as shown above. Valuation of real property, services, materials, equipment, and use of facilities will be established at fair market value (FMV), as determined by applicable Federal grant administration regulations [49 CFR 18 or 19] and Federal cost principles. Final in-kind match will be determined based on actual expenditures at the conclusion of project work in order to determine the minimum match committment has been met. The value of in-kind match may need to be supplemented in order to meet the minimum match requirement. If the value of in-kind match is in excess of the minimum match, the excess value will not be returned or reimbursed. Records: Costs and third party in-kind contributions counting towards satisfying a cost sharing or matching requirement must be verifiable from the records of grantees and subgrantee or cost-type contractors. These records must show how the value placed on third party in-kind contributions was derived. To the extent feasible, volunteer services will be supported by the same methods that the organization uses to support the allocability of regular personnel costs. 49 CFR 18.24(b)(6) Federal Highway Contributions: Phase Fund FY Amount Comment PE G200 2014 $106,421 Actual PE G200 2014 $35,000 Actual -Obligation -Geotechnical drilling PE G200 2015 $124,268 CN G200 2015 $1,591,519 CM G200 2015 $181,600 Hold in reserve CE G200 2015 $266,445 ---------~ Total: $2,305,253 OR PFH 46(13) Fall Creek Bridge Replacement Page 3 of 6 r..;,,,~} Western Federailands Highway Division, FHWA US Department of Transportation Federal Lands Access Program 610 E. Fifth Street Federal Highway Administration Match Agreement Vancouver, WA 98661 Federal Lands Access Program funds are administered by FHWA and are subject to annual appropriations from Congress. This document does not commit FHWA to advance the project or provide funds for the project, but provides required matching if FHWA expends funds to advance the project. Modification: This agreement may be updated periodically by mutual written consent of all parties. If project costs increase and are approved by the PDC, this funding agreement will be modified by mutual consent of all parties. Delivery Agency and Fund Transfers: Western Federal Lands Highway Division, FHWA has been selected to deliver this project. Upon execution of this agreement, FHWA will forward payment requests to the Enterprise Servicing Center (ESC) at Oklahoma City, which will send invoices to Deschutes County in accordance with the payment schedule set forth in the Funding Plan. After receiving the invoice, Deschutes County can transmit the funds either through Pay.Gov (https://pay.gov/paygov/) or by mailing a check to ESC. The preferred method is to use Pay.Gov. This project is authorized to use a Tapered Match. Under this approach, the non-Federal match is imposed over the entire project rather than individual progress payments. Timing of all fund transfers are specified in the Funding Plan. Tapered Match is authorized because it will result in an earlier completion date. Funds Transaction Information: Please contact the following individuals to set up the funds transaction: FHWA: Deschutes County John Huestis, Federal Lands Access Program Manager Wayne Lowry, Finance Director Western Federal Lands Highway Division, FHWA 610 E. Fifth Street 61150 SE 27th Street (Road Department) 1300 NW Wall Street, 2nd Floor (County Office) Vancouver,WA 98661 Bend, OR 97702 (360) 619-7791 (541) 617-4721 john.huestis@dot.gov finance@deschutes.org OR PFH 46(13) Fall Creek Bridge Replacement Page 40f 6 Western Federal lands Highway Division, FHWA US Department of Transportation Federal Lands Access Program 610 E. Fifth Street Federal Highway Administration Match Agreement Vancouve~WA 98661 This Agreement shall be effective as of the date of the last signature: Deschutes County Approved By: Anthony DeBone, Chair, County Commissioners Date OR PFH 46(13) Fall Creek Bridge Replacement Page50f6 -------------------------------------- Western Federal Lands Highway Division, FHWA US Department of Transportation Federal Lands Access Program 610 E. Fifth Street Federal Highway Administration Match Agreement Vancouve~ WA 98661 U.S. Department of Transportation Federal Highway Administration Western Federal Lands Highway Division, FHWA Approved By: Dan Donovan, Director of Program Administration Date OR PFH 46(13) Fall Creek Bridge Replacement Page 6 of6