HomeMy WebLinkAboutCrooked River Bridge - ODOTMisc. Contracts & Agreements
No. 27055
Key 17211 1
INTERGOVERNMENTAL AGREEMENT
US97: Crooked River Br-Redmond Unit 2 (12th Street)
Deschutes County
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",
and DESCHUTES COUNTY, acting by and through its elected officials, hereinafter
referred to as "Agency,” collectively hereinafter referred to as the “Parties.”
RECITALS
1. By the authority granted in ORS 190.110, state agencies may enter into agreements
with units of local government for the performance of any or all functions and
activities that a party to the agreement, its officers, or agents have the authority to
perform.
2. By the authority granted in ORS 374.425 and 374.310, State may regulate
construction of any approach onto the state highway and require mitigation for
approaches that the State determines to be in the best interest of the traveling
public.
3. The Dalles-California Highway (US 97) is a part of the state highway system under
the jurisdiction and control of the Oregon Transportation Commission, and the
existing section of 12th Street is part of the county road system under the jurisdiction
and control of Agency.
4. State and Agency are partnering under this Agreement to include, as part of the
development of Bolken Acres, a private subdivision, the improvement and extension
of 12th Street in order to provide access for the subdivision and alternative access for
current and future properties that abut US 97. State will then be able to close
current accesses onto US 97, thus increasing the safety of the highway.
5. Per Deschutes County Code 17.24.130, Agency requires surety bonds, deposits of
money or an irrevocable letter of credit as the security instrument to insure the
performance of work on Agency roadways when private property is being developed.
6. The US 97: Crooked River Bridge-Redmond Unit 2 (12th Street) Project was
amended into the 2008-2011 Statewide Transportation Improvement Program
(STIP) as Key number 17211 on August 11, 2010. This Key number provides
funding for preservation, access management, alternative local roads, shoulder
widening and safety upgrades.
Deschutes County/State
Agreement No. 27055
2
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. In order to provide improved safety by providing alternative public road access for
local traffic, State intends to construct improvements on an extension of and extend
12th Street, from the intersection of 12th Street with Lower Bridge Way to 12th Street's
northern teminus, hereinafter referred to as ‘Project’. The location of Project is
shown on the map attached hereto, marked Exhibit A, and by this reference made a
part hereof. As a result of building the Project, State plans to move property owner
accesses from US 97 to the new extension of 12th Street.
2. Project will be financed at an estimated cost of $680,000 in State funds. The
estimate for the total Project cost is subject to change. State shall be responsible for
any costs beyond the estimate. In order to provide assurance to Agency that the
Project will be completed, State shall deposit the Project funds with Agency and be
reimbursed by Agency from Project funds as the work is accomplished.
3. Under the authority of OAR 734-035-0005 and OAR-051-0520. State and Agency
agree upon completion of State’s Project to transfer State’s right, title interest in
Project to Agency through a future Jurisdictional Transfer agreement.
4. The term of this Agreement shall begin on the date all required signatures are
obtained and shall remain in effect for the purpose of ongoing maintenance
responsibilities for the useful life of the facilities constructed as part of the Project.
The useful life is defined as twenty (20) calendar years.
AGENCY OBLIGATIONS
1. Agency hereby grants State and its contractor, the right to enter onto and occupy
Agency right of way within the Project limits for the performance of field work and
Project construction.
2. Agency shall, upon execution of this Agreement, forward to State a letter of request
for an advance deposit or an irrevocable letter of credit in the amount of $680,000,
minus the amount State has already spent on preliminary engineering. (State’s
Project Manager will provide the correct amount.) Agency shall hold the Project
funding as security for Project completion and understands that the funding cannot
be used for any other purpose.
3. During the period Agency holds State’s Project funds, Agency shall pay to State
interest earned on the funding. Interest rate shall be 0.55% and shall accrue based
on the end of the day balance of the account, times the rate for that day, divided by
the number of days in the year. Accrued interest shall be paid to State per the
milestones described in STATE OBLIGATIONS, Paragraph 3(a)(b).
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Agreement No. 27055
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4. Upon receipt of State’s invoices for Project work performed, Agency shall reimburse
State for costs incurred from State’s Project funds. Said reimbursements shall be
made within 30 days of receipt of State’s requests.
5. If State does not complete the Project, Agency shall use the advance deposit to
finance the completion.
6. Upon completion of the Project, Agency shall return to State any portion of the
advance deposit that is in excess of the total costs of the Project.
7. Upon State’s completion of the Project, Agency agrees to accept from State the
transfer of that portion of the Project to be dedicated to the Agency via Plat No. TP-
07-1000/MA-07-13. The property transfer will be accomplished through a future
Jurisdictional Transfer agreement.
8. Upon completion of State’s Project, Agency Agrees to assume all responsibilities for
Project consistent with Agency’s local access road policies.
9. Upon completion of State’s Project, Agency agrees to accept all of State’s right, title,
and interest in and to jurisdiction and control of Project. Further details surrounding
the transfer of property between State and Agency shall be included in the future
Jurisdictional Transfer agreement.
10. Agency 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 direction request of
Agency.
11. Agency acknowledges and agrees that State, the Oregon Secretary of State’s
Office, the federal government, and their duly authorized representatives shall have
access to the books, documents, papers, and records of Agency which are directly
pertinent to the specific Agreement for the purpose of making audit, examination,
excerpts, and transcripts for a period of six (6) years after final payment. Copies of
applicable records shall be made available upon request. Payment for costs of
copies is reimbursable by State.
12. Agency shall, to the extent permitted by the Oregon Constitution and the Oregon
Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon,
Oregon Transportation Commission and its members, Department of Transportation,
its officers and employees from any and all claims, suits, and liabilities, which may
occur in the performance of Agency’s obligations under this Agreement. Agency’s
total liability shall not exceed the tort claims limits provided in Oregon Tort Claims
Act, ORS 30.260 to 30.300, for ‘local public bodies’.
13. Notwithstanding the foregoing defense obligations under the paragraph above,
neither Agency nor any attorney engaged by Agency shall defend any claim in the
name of the State of Oregon or any agency of the State of Oregon, nor purport to
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Agreement No. 27055
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act as legal representative of the State of Oregon or any of its agencies, without the
prior written consent of the Oregon Attorney General. The State of Oregon may, at
anytime at its election assume its own defense and settlement in the event that it
determines that Agency is prohibited from defending the State of Oregon, or that
Agency is not adequately defending the State of Oregon's interests, or that an
important governmental principle is at issue or that it is in the best interests of the
State of Oregon to do so. The State of Oregon reserves all rights to pursue any
claims it may have against Agency if the State of Oregon elects to assume its own
defense.
14. Agency’s Project Manager is George Kolb – County Engineer, 61150 SE 27th Street,
Bend, OR 97702, (541) 388-6581, george_kolb@co.deschutes.or.us or assigned
designee upon individual’s absence. Agency shall notify State in writing of any
contact information changes during the term of this Agreement.
STATE OBLIGATIONS
1. State shall, as a project expense, perform all engineering and design work required
to produce final plans and specifications, 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. Project will be
developed in conformance with the 2001 AASHTO Guidelines for Geometric Design
of Very Low Volume Local Roads.
2. State shall, upon receipt of a fully executed copy of this Agreement and a
subsequent letter of request from Agency, forward to Agency an advance deposit or
an irrevocable letter of credit, in State funds, of $680,000, minus the amount already
spent by State on preliminary engineering. All Project costs shall be borne by the
State. Any portion of said advance deposit that is in excess of State’s total costs for
Project will be refunded to State.
3. State shall submit to Agency invoices for reimbursement of State’s deposit as
follows:
a. 50% of deposit plus accrued interest up to the date that Project is let.
b. 50% of deposit plus accrued interest up to the date that final billing is
issued to contractor.
4. Upon completion of the Project, State shall transfer to Agency ownership of all right
of way acquired for the Project. Prior to the construction letting for the Project, State
shall prepare a Jurisdictional Transfer agreement between State and Agency, which
will describe in detail the property transfer.
Deschutes County/State
Agreement No. 27055
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5. 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.
6. State shall, to the extent permitted by the Oregon Constitution and the Oregon Tort
Claims Act, indemnify, defend, save, and hold harmless Deschutes County, its
officers, employees and agent from and against all claims, suits, and liabilities, which
may occur in the performance of State’s obligations under this Agreement.
7. State's Project manager for this Agreement is Cari Charlton , Project Coordinator,
63030 O.B. Riley Road, Bend, OR 97701, (541) 388-6047,
cari.charlton@odot.state.or.us or assigned designee upon individual's absence.
State shall notify Agency in writing of any contact information changes during the
term of this Agreement.
GENERAL PROVISIONS
1. State and Agency agree that a mutual review of the construction plans will be
conducted prior to advertisement for construction bid proposals.
2. This Agreement may be terminated by mutual written consent of both Parties.
3. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
4. 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,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
5. 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.
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
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Agreement No. 27055
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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; Deputy Director, Central Services and the Chief of Staff,
to approve and sign agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program or in other system plans
approved by the Oregon Transportation Commission such as the Oregon Traffic Safety
Performance Plan, or in a line item in the biennial budget approved by the Director. The
Director may also delegate to other Administrators the authority to execute
intergovernmental agreements over $75,000 for specific programs such as
transportation safety, growth management and public transit.
DESCHUTES COUNTY, by and through
its elected officials
By _______________________________
Date _____________________________
By _______________________________
Date _____________________________
By _______________________________
Date _____________________________
APPROVED AS TO LEGAL
SUFFICIENCY
By _______________________________
City Counsel
Date _____________________________
Agency Contact:
George Kolb - County Engineer
61150 SE 27th Street.
Bend, OR 97702
(541) 388-6581
george_kolb@co.deschutes.or.us
STATE OF OREGON, by and through
its Department of Transportation
By _______________________________
Highway Division Administrator
Date _____________________________
APPROVAL RECOMMENDED
By _______________________________
Technical Services Mgr./Chief Engineer
Date _____________________________
By _______________________________
Right of Way Section Manager
Date _____________________________
By _______________________________
Region 4 Manager
Date ____________________________
By _______________________________
District 10 Manager
Date _____________________________
By _______________________________
Region 4 Right of Way Manager
Date _____________________________
Deschutes County/State
Agreement No. 27055
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State Contact:
Cari Charlton – Project Coordinator
63030 O.B. Riley Road
Bend, OR 97701
(541) 388-6047
cari.charlton@odot.state.or.us
APPROVED AS TO LEGAL
SUFFICIENCY
By _______________________________
Assistant Attorney General
Date _____________________________
Misc. Contracts & Agreements
No. 27055
Key 17211 8
EXHIBIT A