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HomeMy WebLinkAboutDoc 368 - IGA - Foster Road - Beaver SRD 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 27, 2012 _____________________________ Please see directions for completing this document on the next page. DATE: June 14, 2012 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2012-368, an Intergovernmental Agreement for the Maintenance of Foster Road within the Beaver Special Road District PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: In 2005, the Road Department was approached by the Beaver Special Road District (BSRD) concerning the paving of Foster Road by the County and subsequent establishment of Foster Road as a County maintained road. At the time, the BSRD was responsible for the maintenance of Foster Road and it was taking a large amount of their road funds to maintain it. The County agreed to allow the BSRD to use the Local Improvement District (LID) process to help pay for the improvement of Foster Road from the subdivision (Beaver Drive) north to South Century Drive. The decision to allow the BSRD to use the LID process came after the BOCC had signed Resolution 2006-049 so a stipulation of the LID process was that the County would not take Foster Road into its maintenance system. The LID was approved by the residents and construction of Foster Road was completed in October of 2008. The Engineers Report attached to Order No. 2008-043, Declaring the Intent to Create the BSRD LID stated that the County would not be taking Foster Road into its maintenance system. In 2009, the BOCC signed Resolution 2009-118 which stated that the BOCC may establish Roads that are functionally classified as arterials or collectors. This Resolution superseded Resolution 2006-049. On October 28, 2009, the BSRD met with representatives of the Road Department and the BOCC to discuss the maintenance of Foster Road since it was classified as a collector in the County TSP, and they felt it should be taken over for maintenance by the County per Resolution 2009-118. At this meeting, the BOCC directed the officers of the District to develop a proposal in which some maintenance responsibilities would be retained by the District. On October 20, 2010, the Road Department Director wrote a memorandum to the BOCC recommending against taking over the maintenance of Foster Road. Conversations continued between the BSRD and the Road Department to the point where the Road Department agreed to present to the BOCC an Intergovernmental Agreement for the Maintenance of Foster Road that would allow maintenance of Foster Road by the County based on the amount of through traffic versus the amount of traffic generated by the BSRD. The most current traffic counts have indicated that approximately 1/3 of traffic is through traffic with 2/3 of the traffic coming from the BSRD. The IGA states that the BSRD will be responsible for 2/3 of any work done by the County on Foster Road and the County will pick up the remaining 1/3 of the cost per the latest traffic counts. Counts will be performed on a three-year period and the payment responsibilities will be adjusted accordingly. Until such time that Foster Road is fully constructed from La Pine State Recreation to South Century Drive, the County does maintain a vested interest in the maintenance and condition of the paved portion of Foster Road within the Road District Boundary. This agreement was presented to the BOCC at a work session held on June 4, 2012 and it was agreed to proceed with signature of the agreement.. FISCAL IMPLICATIONS: Based on current traffic counts, the County will be responsible for 1/3 and the Road District will be responsible for 2/3 of the cost of any maintenance done during the year. The cost of adding Foster Road into our maintenance system will be approximately $4,000/year. RECOMMENDATION & ACTION REQUESTED: Move approval of Board Signature on Document No. 2012 - 368, an Intergovernmental Agreement for the Maintenance of Foster Road within the Beaver Special Road District ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Sheila Odle (ext. 7148) at the Road Department 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: IJune 14, 20121 Department: IRoadl Contractor/Supplier/Consultant Name: ~eaver Specif.dRoad Districij Contractor Contact: ICharlie Jones! Contractor Phone #: 1541-593j ~9541 Type of Document: IGA Goods and/or Services: Splits the maintenance responsibilies for Foster Road between the Road Department and the Beaver Special Road District on a through traffic basis. Background &History: In 2005, the Road Department was approached by the Beaver Special Road District (BSRD) concerning the paving of Foster Road by the County and subsequent establishment of Foster Road as a County maintained road. At the time, the BSRD was responsible for the maintenance of Foster Road and it was taking a large amount of their road funds to maintain it. The County agreed to allow the BSRD to use the Local Improvement District (LID) process to help pay for the improvement of Foster Road from the subdivision (Beaver Drive) north to South Century Drive. The decision to allow the BSRD to use the LID process came after the BOCC had signed Resolution 2006-049 so a stipulation of the LID process was that the County would not take Foster Road into its maintenance system. The LID was approved by the residents and construction of Foster Road was completed in October of 2008. The Engineers Report attached to Order No. 2008-043, Declaring the Intent to Create the BSRD LID stated that the County would not be taking Foster Road into its maintenance system. In 2009, the BOCC signed Resolution 2009-118 which stated that the BOCC may establish Roads that are functionally classified as arterials or collectors. This Resolution superseded Resolution 2006-049. On October 28,2009, the BSRD met with representatives of the Road Department and the BOCC to discuss the maintenance of Foster Road since it was classified as a collector in the County TSP and they felt it should be taken over for maintenance by the County per Resolution 2009-118. At this meeting, the BOCC directed the officers of the District to develop a proposal in which some maintenance responsibilities would be retained by the District. On October 20, 2010, the Road Department Director wrote a memorandum to the BOCC recommending against taking over the maintenance of Foster Road. Conversations continued between the BSRD and the Road Department to the point where the Road Department agreed to present to the BOCC an Intergovernmental Agreement for the Maintenance of Foster Road that would allow maintenance of Foster Road by the County based on the amount of through traffic versus the amount of traffic generated by the BSRD. The most current traffic counts have indicated that approximately 1/3 of traffic is through traffic with 2/3 of the traffic coming from the BSRD. The IGA states that the BSRD will be responsible for 2/3 of any work done by the County on Foster Road and the County will pick up the remaining 1/3 of the cost per the latest traffic counts. Counts will be 6114/2012 performed on a three year period and the payment responsibilities will be adjusted accordingly . Until such time that Foster Road is fully constructed from LaPine State Recreation to South Century Drive , the County does maintain a vested interest in the maintenance and condition of the paved portion of Foster Road within the Road District Boundary . This agreement was presented to the BOCC at a work session held on June 4,2012 and it was agreed to proceed with signature of the agreement.. Agreement Starting Date: IJune 27,20121 Ending Date: ~ Annual Value or Total Payment: [BDI D Insurance Certificate Receiied (CieCk box) Insurance Expiration Date: Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2 .37) Funding Source: (Included in current budget? DYes 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: 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 #: I '-----' Departmental Contact and Title: George Kolb, County Engineer Phone #: 1541-322-71131 r ~ Department Director Approval: _~"""--_=~)~~_----"'~____Si9natU~ Distribution of Document: Copy to Sheila Odie (ext. 7148) at the Road Department after signature 6/ 14/201 2 Official Review: County Signature Required (check one): [!j BOCC D Department Director (if <$25K) D Administrator (if >$25K but <~1 A5~K() if >$150K, BOCC Order No . Legal Review ~rr-Lc. ~ Date & /' 1(" -I ~ Document Number VO l & -') t 8 6114/2012 Page 1 of 4 - IGA, Beaver Special Road District For Recording Stamp Only INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF FOSTER ROAD This agreement is made and entered into by and between DESCHUTES COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as “County”, and BEAVER SPECIAL ROAD DISTRICT, hereinafter referred to as “District”. RECITALS 1. By the authority granted in ORS 190.010, a unit of local government may enter into a written agreement with any other unit or units of local government for the performance of any or all functions and activities that a party to the agreement, its officers or agencies, have the authority to perform. 2. Pursuant to said authority, County and District find it beneficial to both parties for County to provide certain road maintenance services for and on behalf of District. 3. Foster Road (as shown on attached “Exhibit A”) is a local access road under the maintenance jurisdiction of District and County has designated Foster Road as a “future collector” in the County’s Transportation System Plan. 4. In October 2008 pursuant to a local improvement district initiated by District Foster Road was paved from approximately Beaver Drive north to the intersection of South Century Drive. This occurred despite the County’s declaration that the County would not thereafter assume maintenance responsibilities for the improved portions of Foster Road. 5. Notwithstanding the preceding sentence, until such time as Foster Road is fully constructed from La Pine State Recreation Road to South Century Drive, and fully accepted by the County for maintenance purposes, the County maintains a vested interest in the maintenance and condition of the paved portion of Foster Road within the District boundary. 5. The County’s designation of a future collector roadway on an alignment of an existing local access road is an uncommon circumstance within the County’s Transportation System Plan; therefore this IGA does not establish a precedent as requiring County to maintain local access roads. Now, therefore, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: TERM OF AGREEMENT This agreement shall take effect upon execution by the parties. REVIEWED ______________ LEGAL COUNSEL Page 2 of 4 - IGA, Beaver Special Road District TERMINATION This agreement may be terminated by mutual written consent of the parties or by either party upon thirty (30) days notice, in writing, delivered by certified mail or in person. Termination of this agreement shall not affect any obligations or liabilities which accrued prior to termination. COUNTY OBLIGATIONS County agrees to perform routine road maintenance work on Foster Road as outlined below. Work to be performed under this agreement shall consist of the following: pavement surface maintenance (e.g. crack seal, chip seal), gravel shoulder maintenance, traffic signing, and paint striping on Foster Road between its intersection with South Century Drive and Beaver Drive, which is approximately 2.1 miles south of South Century Drive as shown on attached “Exhibit A”. District shall remain responsible for snow and debris removal. Work described above shall be performed on a schedule in accordance with established County standards and practices as applied to county maintained roads. County shall fund a proportionate share of the road maintenance costs based on the percentage of “through traffic”. The parties agree that the current percentage of “through” versus “local” traffic is one-third and two-thirds. On an approximately three-year cycle County shall prepare traffic counts to establish the percentages of “through” versus “local” traffic. County shall maintain records of all costs incurred while performing road maintenance work covered under this Agreement. County cost for materials, equipment and services shall be based on rates established by County for its internal financial management of personnel, materials and equipment. Upon completion of any work under this agreement, County shall invoice District for its proportionate share off the cost. County’s authorized representative for purposes of this Agreement shall be the Road Department Director. DISTRICT OBLIGATIONS District will pay the amount due under each County invoice within thirty (30) days after receipt of invoice. District’s authorized representative for purposes of this Agreement shall be the President of the District Board. GENERAL PROVISIONS 5. This Agreement is expressly subject to the debt limitation of Oregon counties as set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. In the event sufficient funds are not appropriated for the payment of consideration required to be paid under this Agreement, and if either party does not have funds legally available for consideration from other sources, then either party may terminate this Agreement in accordance with the termination provision of this Agreement. Page 3 of 4 - IGA, Beaver Special Road District 6. Each party agrees that no person shall, on the grounds of race, color, sex, age, national origin, marital status, religion, political affiliation, or physical or mental disability (if reasonable accommodation can be made for any such disability), or on the ground of any other classification protected by Federal or Oregon law, suffer discrimination in the performance of this agreement when employed by either party. Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336), as amended, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. 7. Neither party is, by virtue of this agreement, a partner nor joint venturer with the other party in connection with activities carried out under this agreement, and shall have no obligation with respect to any debts or any other liabilities of the other party. 8. To the extent permitted by the Oregon Constitution and subject to the limitations of the Oregon Tort Claims Act, each party shall be solely responsible for any and all loss, damage, injury or death caused to any and all property or persons arising from the acts or omissions of that party’s officers, employees or agents in the performance of this Agreement. District shall defend, indemnify and save harmless County from and against any and all claims, demands, actions, causes of action and/or lawsuits arising from the torts, as the term “tort” is defined in ORS 30.260(8), of County’s officers, employees and/or agents arising out of or in any way related to the provision of services under this Agreement. County shall defend, indemnify and save harmless District from and against any and all claims, demands, actions, causes of action and/or lawsuits arising from the torts, as the term “tort” is defined in ORS 30.260(8), or District’s officers, employees and/or agents arising out of or in any way related to the provision of services under this Agreement. 9. This agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations or agreements among the parties, if any, whether written or oral, concerning the subject matter of this Agreement which is not fully expressed herein. This Agreement may not be modified or amended except by a writing signed by both parties. IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the day and year hereinafter written. Page 4 of 4 - IGA, Beaver Special Road District BEAVER SPECIAL ROAD DISTRICT By: ________________________________ CHARLIE JONES, PRESIDENT REVIEWED AS TO LEGAL SUFFICIENCY FOR DESCHUTES COUNTY DESCHUTES COUNTY, a political subdivision of the State of Oregon By: ____________________________ By: _______________________________ County Counsel ANTHONY DEBONE, CHAIR Date: ____________________________ By: _______________________________ ALAN UNGER, VICE CHAIR ATTEST: ___________________________ By: _______________________________ Recording Secretary TAMMY BANEY, COMMISSIONER Legend Foster Road -county Roads _ PAVED -­Road CentMines _ •• ROCK D River - • DIRT n Taxlots o 2,000 D Beaver Special Road District Public Land State or Oregon BLM I, I I I, 2.1 Mile section of Foster Road covered by maintenance agreement 4,000 6,000 Feet The information on this map was derived from dgtal databases on Deschutes County's G.I.S. Care was taken in the creation ofthis map, but it is prCNided "as is-'. Deschutes County cannot accept any responslbitity ra errors, orrisslons, or positional accuracy In the dgltal data or the undertying records. There are no warranties, express a implied, includng the warranty of merchantability a fitness for a particular purpose. accompanying this prociJd. Howevw, notiftcation of any errors will be appreciated. Printed: June 13,2012 John Anderson, GIS Analyst PI.. , ••" (54 !) ll.U IOZ ~JI: lOhn..andersoo~(j(g ~:o lI SOSE 2.7u l5t _,OR 971G2 US Forest Service Road Department P:lArcGIS_ProjectslArea MaplFoster Rd