HomeMy WebLinkAboutDoc 107 - Right of Entry - ODOTDeschutes 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 February 23, 2011
Please see directions for completing this document on the next page.
DATE: February 9, 2011
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of signature of County Administrator of Document 2011-107, a Right of Entry on
County -owned land.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The State of Oregon, through its Department of Transportation (ODOT), is conducting surveys to
determine the potential impact of a proposed highway improvement project — O'Neil Highway at BNSF
RR Prineville Junction, as required by the National Environmental Protection Act (NEPA).
ODOT requests permission to enter a County -owned parcel located northeast of the railroad to do field
work. The work involves environmental specialists conducting surveys for archaeological and historic
resources, geotechnical exploration, hazardous materials, noise surveys, water resources, and wetlands.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature by county administrator.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One original to Teresa Rozic for ODOT.
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:
02/09/2011
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Contractor Contact:
Carol Windsor
Type of Document: Right of Entry
Goods and/or Services: N/A
Property & Facilities
Oregon Department of Transportation
Contractor Phone #:
541.388.6151
Background & History: State of Oregon through its Department of Transportation
(ODOT) is conducting surveys to determine potential impact of the proposed highway
improvement project — O'Neil Highway at BNSF RR Prineville Junction, as required by
the National Environmental Protection Act (NEPA).
ODOT requests permission to enter a county -owned parcel northeast of the railroad to
do field work. The work involves environmental specialists conducting surveys for
archaeological and historic resources, geotechnical exploration, hazardous materials,
noise surveys, water resources, and wetlands.
Agreement Starting Date:
upon signature
Annual Value or Total Payment:
None
Ending Date:
N/A Subject to Oregon Tort Claims Act
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
9/30/2011
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
01A
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
2/9/2011
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:
Department Director Approval:
Teresa Rozic
Phone #: 385-1414
Distribution of Document:
One original to Teresa Rozic for ODOT.
x(61/fit
Signature Date
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 2011-107
2/9/2011
•_ . =ice:' DRAFT ili
O'NEIL HIGHWAY
BNSF R.RJPRINEVILL JCT.
CANAL BLVD. ALIGNMENT
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..„1,:,.: ---, SEPTEMBER 2010
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Southwest tip of Taxlot 1200 is within the
ODOT project boundary.
' P€BSHAL L WAY
Project Boundary
in Black
LEGEND:
11111 New road construction
( Bridge.
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J Road Improvements
XRoad Closed
BNSF Burlington Northern
Santa F. Railway
COM City Of Prin.vIII. Railway
O'NEIL CURVES RE-ALIONME
DRAFT
"For informational
Purposes Only"
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Sect ion 28 T.14 S. R.I3 E W M.
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REVIEWED
LEGAL COUNSEL
RIGHT OF ENTRY
Deschutes County, hereinafter referred to as "Grantor", does hereby grant to the State
of Oregon, by and through the Oregon Department of Transportation, its employees,
agents, or contractors, the right and license to go upon the real property described
below for the purposes described in the attached Exhibit A, which is incorporated herein
by reference.:
The estimated time frame for the surveys above is mid-March 2011 to the end of
September 2011.
Property Description:
Township 14 South, Range 13 East, WM, Section 28, Tax Lot 1200.
IT IS UNDERSTOOD AND AGREED that this right and license shall continue until
September 30, 2011, unless expressly revoked by Grantor before work is completed. It
is further understood that the Oregon Department of Transportation shall, to the extent
permitted by Oregon law, be responsible for any damage arising from the activity of the
State, its officers, employees, agents, or contractors on said land and exercise of rights
under this Right of Entry either by repairing such damage or, at the option of the State,
by making an appropriate settlement with the above named in -lieu thereof.
Grantor hereby represents and warrants that he is the owner of said real property or
otherwise has the right to grant this permit for entry.
Dated this day of , 2011.
DESCHUTES COUNTY, OREGON
Dave Kanner, County Administrator
Page 1 of 1
Document 2011-107
Name:
File Number:
Section:
Highway:
County:
RIGHT OF ENTRY EXHIBIT A
Deschutes County Property & Facilities Department
N/A
O'Neil Junction
Hwy 97, The DaIles-California
Deschutes
Property entry is needed to perform preliminary project -related research in the following
specialty areas:
Archaeological Investigations and Curation of Specimens: ODOT archeologists or
their consultants will conduct archaeological investigations, including test excavations as
described in the Archaeological Permits for this project (pursuant to ORS 358). The soil
will be returned to each hole immediately upon completion. If deemed necessary,
investigations may remove specimens and samples recovered during the excavations
(pursuant to ORS 358).
Contact Name: Tobin Bottman, ODOT Archaeologist
Contact Phone Number: 503-986-3783
Start Date: March 1, 2011 End Date: September 30, 2011
Please check one of the options below
/I I authorize the Oregon State Museum of Anthropology (OSMA), pursuant to ORS
390, to permanently curate any such materials;
I authorize a private curatorial facility, such as a local historical society or other
university, to permanently curate any such materials. A letter from the facility is needed,
stating they have the capability (meet federal curation standards) and willingness to
curate the artifacts, photographs, and written records after the appropriate laboratory
analysis has been conducted. Grantor will be responsible for arranging the curation of
artifacts;
I choose to retain possession of the recovered materials after the appropriate
laboratory analysis has been conducted. Government agencies cannot choose this box.
I understand that if any human remains, funerary objects, sacred objects, or objects of
cultural patrimony are discovered during excavation that ODOT shall report the
discovery to the appropriate Native American Tribe(s), the Commission on Indian
Services, and the State Historic Preservation Office to arrange for the return of any
human remains or sacred objects to the appropriate Native American Tribe as required
by state laws and regulations (ORS358.905-358.961 and ORS97.740-97.760).
Biological: Botanist(s) will walk the project area up to three times during various
blooming seasons looking for Endangered Species Act listed and sensitive plant
species. Multiple walk-throughs are needed because different plants bloom at various
times of the year.
Contact Name: Jim Barnes, ODOT Biologist
Contact Phone Number: 541-388-6206
Start Date: March 1, 2011 End Date: September 30, 2011
Historic Resources: Inspection for cultural resources (buildings and other features,
such as rock walls, that are 50 years old or older) entail visual assessments and may
require field staff to enter and walk around your property.
Contact Name: Chris Bell, ODOT Historian
Contact Phone Number: 503-986-3853
Start Date: March 1, 2011 End Date: September 30, 2011
Design: Designers and engineering specialist(s) will walk the project area to observe
terrain, drainage, physical features, etc.
Contact Name: Brian Paslay, ODOT Roadway Engineer
Contact Phone Number: 541-388-6447
Start Date: March 1, 2011 End Date: September 30, 2011
Geotechnical Exploration: Geologists and geotechnical engineers will walk the project
area to observe terrain, drainage, physical features, surface soil conditions and rock
outcroppings.
Contact Name: Curtis Ehlers, ODOT Geology Team Leader
Contact Phone Number: 541-388-6093
Start Date: March 1, 2011 End Date: September 30, 2011
Hazardous Materials: Hazmat coordinator(s) will complete a walk-through survey to
determine if any hazardous materials are present. The investigation may involve taking
photographs and the collection and testing of soils.
Contact Name: Ryan Franklin
Contact Phone Number: (541) 388-6088
Start Date: April 1, 2011 End Date: September 30, 2011
Noise: This consists of setting up a portable noise monitoring terminal on your property,
usually using a lock and chain around a tree or fence for security. The equipment will
only record sound level in decibels, not actual sound. Equipment is normally installed for
two nights (approximately 48 hours), after which a technician will retrieve the equipment.
Contact Name: Teresa Brasfield, ODOT Region Environmental Coordinator
Contact Phone Number: 541-388-6041
Start Date: March 1, 2011 End Date: July 31, 2011
Water Resources: Hydraulic engineer will walk the project area to observe terrain,
drainage, physical features, etc. to gather information needed to determine potential
placement of storm water facilities.
Contact Name: Wade Coatney, ODOT Roadway Engineer
Contact Phone Number: 541-388-6234
Start Date: March 1, 2011 End Date: September 30, 2011
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Wetlands: Wetland specialist(s) will walk the area to assess potential wetlands (based
on soil, vegetation and hydrology conditions) within and immediately adjacent to the
project area. Investigations may include digging several small, shallow (less than 2 feet
deep) test holes to assess soil characteristics. All test holes will be back filled and foot
tamped to ensure that no hole or depression is left. Test holes and wetland boundaries
may be identified by flagging and/or lath. Land surveyors may record the locations of
flagging and/or lath as part of the wetland delineation.
Contact Name: Allison Cowie, ODOT Wetlands Specialist
Contact Phone Number: 541-388-6051
Start Date: March 1, 2011 End Date: April 30, 2011
Environmental Coordination: ODOT Region Environmental Coordinator will walk the
project area to determine level of environmental surveys needed for the project in order
to coordinate survey timelines and scope with individual resource specialists.
Contact Name: Teresa Brasfield, ODOT Region Environmental Coordinator
Contact Phone Number: 541-388-6041
Start Date: March 1, 2011 End Date: September 30, 2011
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