HomeMy WebLinkAboutDoc 468 - ODOT-La Pine Agrmt - Signal ProjectDeschutes 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 August 19,2013
DATE: August 14,2013
FROM: Chris Doty Road Department 541-322-7105
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2013-468, Cooperative Improvement Agreement #28436
with ODOT and the City of La Pine for construction of a traffic signal and associated lane
improvements at the intersection of US 97IFirst Street in La Pine.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Cooperative Improvement Agreement #28436 with ODOT and the City of La Pine is the mechanism by
which the County contributes its previously discussed $200,000 contribution to ODOT and their US
97IFirst Street signalization project in La Pine.
The County's contribution will occur via funds received from land sales within the La Pine Industrial
Park (transferred to the County via a transfer of assets from the recently dissolved La Pine Industrial
Group).
Deschutes County's investment in the signalization project will add much needed intersection capacity
to enable future development within the industrial park, as well as address pedestrian crossing and
safety issues.
ODOT is working towards a May 2014 bid let with construction occurring in the summer of2014 (best
case scenario).
FISCAL IMPLICATIONS:
Funds are budgeted for FY 13/14 expenditure in the La Pine Industrial Development Fund (#125).
RECOMMENDATION & ACTION REQUESTED: Staff recommends approval.
Suggested Motion: "I move to approve Board signature of Document 2013-468, a Cooperative
Improvement Agreement with ODOT and the City of La Pine, authorizing a $200,000 expenditure for
construction of the US 97IFirst Street Signalization Project in La Pine."
ATTENDANCE: Chris Doty
DISTRIBUTION OF DOCUMENTS: Signed original copy to:
Mike Darling, Interim Project Leader
Oregon Department of Transportation
Project Delivery Building
63055 N. Highway 97, Bldg. M
Bend, OR 97701.
to 1
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.)
Please complete all sections above the Official Review line.
Date: 1()8/14/1 ~ Department: IRoadl
Contractor/Supplier/Consultant Name: 100011
Contractor Contact: IMike Darlingl Contractor Phone #:
1541.388.6329
Type of Document: Cooperative Improvement Agreement with ODOT/City of La Pine
Goods and/or Services: Project development and construction of the US 97/First
Street Signalization Project in La Pine.
Background & History: Cooperative Improvement Agreement #28436 (Deschutes
County Document # 2013-468) with ODOT and the City of La Pine is the mechanism by
which the County contributes its $200,000 contribution to ODOT and their US 97/First
Street signalization project in La Pine.
The County's contribution will occur via funds received from land sales within the La
Pine Industrial Park (transferred to the County via a transfer of assets from the recently
disssolved La Pine Industrial Group).
Agreement Starting Date: 1()8/19/201 ~ Ending Date: 112/31/151
Annual Value or Total Payment: 1$200,ooq
D Insurance Certificate Receiied (cleck 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? [2J Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes D No
Special conditions attached to this grant:
8/14/2013
-----------
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: Phone #:
Department Director Approval: _ .....(..,£/'C--0l£-.-L-'~.....:....II__';'-_::-_'~_'_-_
Signature Date
Distribution of Document: Chris Doty, Road Department (x71 05)
Official Review:
County Signature Required (check one): D BOCC D Department Director (if <$25K)
Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____)
Legal Review Date
Document Number
8114/2013
Misc. Contracts and Agreement
Agreement No. 28436
COOPERATIVE IMPROVEMENT AGREEMENT
FFO - US97 @ 1st Street (La Pine)
City of La Pine, Deschutes County and ODOT
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;”
the City of La Pine, acting by and through its elected officials, hereinafter referred to as
"City”, and Deschutes County acting by and through its elected officials, hereinafter
referred to as "County” all herein referred to collectively as “Party” or “Parties.”
RECITALS
1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and
366.576, State may enter into cooperative agreements with counties, cites and units
of local government 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.
2. The Dalles - California Highway, US Route 97, (US97), State Route 4 is a part of the
state highway system under the jurisdiction and control of the Oregon
Transportation Commission (OTC).
3. 1st Street and Reed Road are part of the County road system within the city limits of
La Pine and under the jurisdiction and control of the County.
4. By the authority granted in ORS 810.080 State has the authority to establish marked
pedestrian crosswalks on its highway facilities.
5. By the authority granted in ORS 366.425, State may accept deposits of money or an
irrevocable letter of credit from any county, city, road district, person, firm, or
corporation for the performance of work on any public highway within the State.
When said money or a letter of credit is deposited, State shall proceed with the
Project. Money so deposited shall be disbursed for the purpose for which it was
deposited.
6. By the authority granted in ORS 810.210, State is authorized to determine the
character or type of traffic control devices to be used, and to place or erect them
upon state highways at places where State deems necessary for the safe and
expeditious control of traffic. No traffic control devices shall be erected, maintained,
or operated upon any state highway by any authority other than State, except with
its written approval. Traffic signal work on this Project will conform to the current
State standards and specifications.
Key No. 16827
City/ County/State
Agreement No. 28436
7. State’s Department of Transportation, Traffic-Roadway Section issued Traffic Signal
Approval Memo, File Code: Hwy 004 MP 167.5 on May 16, 2013, approving the
installation of a new traffic signal at the intersection of US 97 with 1st Street and
Reed Road. A copy of the traffic signal approval is attached, marked Exhibit A, and
by this reference made a part hereof.
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, Parties agree to provide a construction project at US97 and
1st Street/Reed Road in La Pine that will add intersection approach improvements
and treatments to improve the transition from high-speed rural environment to the
urban downtown core; realign the 1st Street and Reed Road approaches; construct
right turn channelization islands on the east and west approaches and construct
additional turn lanes on these approaches; complete sidewalk infilling to the west
and south, and connect existing sidewalk facilities to the intersection improvements;
and signalize the intersection, hereinafter referred to as ‘Project’. The location of the
Project is approximately as shown on the map attached, marked Exhibit B, and by
this reference made a part hereof.
2. The Project is currently financed with $1,401,000 in State, Federal and County
funds. State shall be responsible for any nonparticipating costs, and Project costs
beyond the estimate.
3. Total funding for Project as identified in TERMS OF AGREEMENT, Paragraph 2
shall be a maximum of $1,401,000 from the following sources:
SOURCE AMOUNT
Region 4 STIP Funds $1,201,000
County Funds $200,000
Total $1,401,000
The estimate for the total Project cost is subject to change.
4. The federal funding for this Project is contingent upon approval by the Federal
Highway Administration (FHWA).
5. The Parties may agree to execute a separate right of way services agreement.
6. All maintenance responsibilities shall survive the terms of this Agreement.
- 2 -
City/ County/State
Agreement No. 28436
7. The term of this Agreement shall begin on the date all required signatures are
obtained and shall terminate upon completion of the Project or ten (10) calendar
years following the date all required signatures are obtained, whichever is sooner.
CITY OBLIGATIONS
1. City shall grant State, its consultants and/or contractors, the right to enter onto and
occupy City right of way within the Project limits as required to complete the Project
and to stage construction supplies and equipment.
2. As identified in Exhibit C, attached hereto and by this reference made a part hereof,
City agrees to maintain any sidewalks constructed for this Project, excluding those
identified in STATE OBLIGATIONS, Paragraph 5.
3. City agrees to allow temporary closure or detouring of City streets to allow
construction and tie in to said streets as deemed necessary by State during the
construction phase of the Project.
4. City agrees that all required utility relocation expenses for City utilities located within
County right of way and State Highway right of way shall be the responsibility of the
City. Said utility relocation expenses are currently estimated at $10,850, and
subject to change.
5. City, by execution of Agreement, gives its consent as required by ORS 373.030(2)
and ORS 105.760 to any and all changes of grade within the City limits, and gives
its consent as required by ORS 373.050(1) to any and all closure of streets
intersecting the highway, if any there be in connection with or arising out of the
Project covered by this Agreement.
6. City certifies and represents that the individual(s) signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of City, under the
direction or approval of its governing body, commission, board, officers, members or
representatives, and to legally bind City.
7. City’s Project Manager for this Project is Rick Allen – Interim City Manager, P.O. Box
3055, 16345 Sixth Street, La Pine, OR 97739, (541) 536-1432, rlallen@ci.la-
pine.or.us, or assigned designee upon individual’s absence. City shall notify the
other Parties in writing of any contact information changes during the term of this
Agreement.
COUNTY OBLIGATIONS
1. County shall grant State, its consultants and/or contractors, the right to enter onto
and occupy any County right of way within the Project limits as required to complete
the Project and to stage construction supplies and equipment.
- 3 -
City/ County/State
Agreement No. 28436
2. County agrees to allow temporary closure or detouring of County road system to
allow construction and tie in to said roads as deemed necessary by State during the
construction phase of the Project.
3. County, acknowledges the effect and scope of ORS 105.755 and agrees that all
acts necessary to complete construction of the Project which may alter or change
the grade of existing county roads are being accomplished at the direct request of
County.
4. County agrees to accept ownership of any right of way purchased for the Project
that is outside of State’s right of way.
5. Upon receipt of a letter of request from State, County shall forward to State an
advance deposit or irrevocable letter of credit in the amount of $200,000 for Project.
Said amount is County’s funding contribution of $200,000 to the Project.
6. County agrees that all utility relocation expenses for City utilities located within
County right of way shall be the responsibility of the City.
7. County certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of County,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind County.
8. County’s Project Manager for this Project is Chris Doty, Road Department Director,
61150 SE 27th Street, Bend, OR 97702, (541) 322-7105
chris.doty@co.deschutes.or.us, or assigned designee upon individual’s absence.
County shall notify the other Parties in writing of any contact information changes
during the term of this Agreement.
STATE OBLIGATIONS
1. State, or its consultant, shall conduct the necessary engineering and design work
required to produce and provide final plans, specifications and cost estimates for the
Project, acquire all right of way needed for the construction of the Project, advertise
for construction bid proposals, award all contracts, furnish all construction
engineering, materials testing, technical inspection and project management
services for administration of the contract.
2. State agrees to accept all maintenance and utility costs associated with traffic
control devices and/or pedestrian improvements constructed within the Project
limits, except as noted in “City Obligations”, paragraph #2.
3. State shall cause to be relocated or reconstructed, all privately or publicly owned
utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind
and nature where such relocation or reconstruction is made necessary by the plans
of the Project in order to conform the utilities and other facilities with the plans and
- 4 -
City/ County/State
Agreement No. 28436
the ultimate requirements for the portions of the Project which are on State right of
way.
4. State agrees to maintain sidewalks located within US97 right of way and adjacent to
State’s existing Department of Transportation Maintenance Facility as identified in
Exhibit C.
5. State shall, upon signal turn on and proper operation, perform all necessary
maintenance of said traffic signals, control the timing established for operation of the
traffic signals and pay for maintenance and power costs for the traffic signals.
6. State shall maintain the asphaltic concrete pavement surrounding the vehicle
detector loops installed in the County roads in such a manner as to provide
adequate protection for said detector loops.
7. State shall require State’s contractor to obtain all required County or City permits for
work within City limits, including but not limited to, Excavation/Work Permits, Night
Work Permits, and Road/Street/Lane Closure Permits, as applicable.
8. Upon execution of this Agreement and six (6) weeks prior to Project bid opening,
State shall forward to County a letter of request for an advance deposit or
irrevocable letter of credit in the amount of $200,000 for payment of County’s share
of the Project.
9. 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 the current biennial budget.
10. State’s Project Manager for this Project is Mike Darling – Interim Project Leader,
63055 N. Highway 97, Bend, OR 97701, (541) 388-6329,
charles.m.darling@odot.state.or.us or assigned designee upon individual’s absence.
State shall notify the other Party in writing of any contact information changes during
the term of this Agreement.
GENERAL PROVISIONS
1. State may terminate this Agreement effective upon delivery of written notice to
Parties, or at such later date as may be established by State, under any of the
following conditions:
a. If City or County fails to provide services called for by this Agreement
within the time specified herein or any extension thereof.
b. If City or County 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.
- 5 -
City/ County/State
Agreement No. 28436
c. If County 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
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 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. If any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against Parties
with respect to which Parties may have liability, the notified Party must promptly
notify the other Parties in writing of the Third Party Claim and deliver to the other
Parties a copy of the claim, process, and all legal pleadings with respect to the Third
Party Claim. Each Party is entitled to participate in the defense of a Third Party
Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt
by a Party of the notice and copies required in this paragraph and meaningful
opportunity for the Party to participate in the investigation, defense and settlement of
the Third Party Claim with counsel of its own choosing are conditions precedent to
that Party's liability with respect to the Third Party Claim.
5. With respect to a Third Party Claim for which State is jointly liable with either Party
(or would be if joined in the Third Party Claim), State shall contribute to the amount
of expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by either Party in
such proportion as is appropriate to reflect the relative fault of State on the one hand
and of either Party on the other hand in connection with the events which resulted in
such expenses, judgments, fines or settlement amounts, as well as any other
relevant equitable considerations. The relative fault of State on the one hand and of
either Party on the other hand shall be determined by reference to, among other
things, the Parties' relative intent, knowledge, access to information and opportunity
to correct or prevent the circumstances resulting in such expenses, judgments, fines
or settlement amounts. State’s contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.
6. With respect to a Third Party Claim for which either Party is jointly liable with State
(or would be if joined in the Third Party Claim), Parties shall contribute to the amount
of expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by State in such
proportion as is appropriate to reflect the relative fault of either Party on the one
- 6 -
City/ County/State
Agreement No. 28436
hand and of State on the other hand in connection with the events which resulted in
such expenses, judgments, fines or settlement amounts, as well as any other
relevant equitable considerations. The relative fault of either Party on the one hand
and of State on the other hand shall be determined by reference to, among other
things, the Parties' relative intent, knowledge, access to information and opportunity
to correct or prevent the circumstances resulting in such expenses, judgments, fines
or settlement amounts. Either Parties contribution amount in any instance is capped
to the same extent it would have been capped under Oregon law, including the
Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the
proceeding.
7. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
8. 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,
not withstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
9. 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.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
This Project is in the 2012-2015 Statewide Transportation Improvement Program
(STIP), (Key #16827) that was approved by the Oregon Transportation Commission on
March 21, 2012 (or subsequently approved by amendment to the STIP).
SIGNATURE PAGE FOLLOW S
- 7 -
City/ County/State
Agreement No. 28436
CITY OF LA PINE, by and through its
elected officials
By _______________________________
Date _____________________________
By _______________________________
Date _____________________________
APPROVED AS TO LEGAL
SUFFICIENCY
By _______________________________
Counsel
Date _____________________________
DESCHUTES COUNTY, by and through
its elected officials
By _______________________________
Chair
Date _____________________________
By _______________________________
Commissioner
Date _____________________________
By _______________________________
Commissioner
Date _____________________________
APPROVED AS TO LEGAL
SUFFICIENCY
By _______________________________
Counsel
Date _____________________________
STATE OF OREGON, by and through
its Department of Transportation
By _______________________________
Transportation Division Administrator
Date _____________________________
APPROVAL RECOMMENDED
By _______________________________
Technical Services manager/Chief
Engineer
Date______________________________
By _______________________________
State Traffic Engineer
Date____________________________
By _______________________________
Region 4 Manager
Date ____________________________
By _______________________________
State Right of Way Manager
Date _____________________________
By _______________________________
Region 4 Right of Way Manager
Date _____________________________
By _______________________________
Region 4 Traffic Manager
Date _____________________________
By _______________________________
District 10 Manager
Date______________________________
APPROVED AS TO LEGAL
SUFFICIENCY
By_______________________________
Assistant Attorney General
Date_____________________________
- 8 -
City/ County/State
Agreement No. 28436
City Contact:
Rick Allen, Interim City Manager
P.O. Box 3055
16345 Sixth Street
La Pine, OR 97739
(541) 536-1432
rlallen@ci.la-pine.or.us
County Contact:
Chris Doty – Road Department Director
61150 SE 27th Street
Bend, OR 97702
(541) 322-7105
chris.doty@co.deschutes.or.us
State Contact:
Mike Darling – Interim Project Leader
63055 N Highway 97
Bend, OR 97701
(541) 388-6329
charles.m.darling@odot.state.or.us
- 9 -
City/ County/State
Agreement No. 28436
EXHIBIT A
- 10 -
City/ County/State
Agreement No. 28436
EXHIBIT B
Site Location Map
- 11 -
City/ County/State
Agreement No. 28436
EXHIBIT C
City of La Pine and ODOT Sidewalk Maintenance Responsibility
- 12 -