§ 381.730 — Bridge design and construction

Oregon § 381.730

• Jurisdiction: Oregon
• Vol.: 10
• Title 31: Highways, Roads, Bridges and Ferries
• Ch. 381: Interstate Bridges

Text

(1) The commission shall:
(a) Design and construct a bridge to standards and specifications satisfactory to the departments of transportation;
(b) Comply with all applicable permits, clearances and mitigation requirements; and
(c) Arrange for timely review by the departments of transportation of all pertinent engineering plans, specifications and related reports.
(2) The commission may undertake construction activities that have necessary permits and for which funding is available, provided that before issuing a notice to proceed with the construction of a bridge foundation, the commission shall:
(a) Prepare and adopt an initial bridge finance plan to fund the design, construction, operation, maintenance, administration and governance of the bridge. Before adopting the initial bridge finance plan, a board shall require a feasibility review of the initial bridge finance plan and shall submit the feasibility review to the departments of transportation and the local governments that are parties to the commission formation agreement, for their review. Following receipt of feedback from the departments of transportation and local governments, the board may adopt the initial bridge finance plan. After the initial bridge finance plan is adopted, the board may periodically adjust or amend the initial bridge finance plan; and
(b) Make and enter into a written agreement with the owner of an existing bridge, under terms and conditions that are mutually agreeable, regarding the removal and disposition of the existing bridge. The agreement must address:
(A) The roles, responsibilities and obligations of the parties regarding the removal and disposal of the existing bridge, including the liabilities or potential liabilities incident thereto;
(B) The retirement of the outstanding debt for which toll revenue from the existing bridge is pledged;
(C) The distribution of proceeds from the salvage value of the existing bridge;
(D) The disposition of the property, equipment or other assets incidental to the existing bridge;
(E) Mitigation of impacts to existing bridge operations; and
(F) Any other matters to which the commission and owner of the existing bridge agree.
(3) For purposes of the acquisition, design, construction, installation, operation or maintenance of the bridge, or any combination thereof, the commission, without the prior or subsequent authorization, approval or concurrence by the State of Oregon, the State of Washington, a local government or other governmental entity of either state, may enter into any combination of contracts, agreements or other arrangements with one or more private entities or units of government, or any combination thereof, as the commission may elect, including, but not limited to, any alternative or supplemental public works contract such as design-build and construction manager-general contractor contracts, public-private partnership agreement, lease agreement, franchise agreement or financing agreement, and may include any terms and conditions permitted under the Oregon Constitution and the Washington State Constitution and to which the parties agree.
(4) As part of the construction of a bridge, a commission shall demolish, remove and dispose of an existing bridge in accordance with applicable environmental permits and the terms of an agreement between the commission and owner of the existing bridge. Unless otherwise agreed to by the owner of the existing bridge, the proceeds from the sale of salvaged materials from the existing bridge are owing to the owner.

Legislative History

2022 c.7 §9