ORS 367.806
Agreements


(1)

As part of the Oregon Innovative Partnerships Program established under ORS 367.804 (Goals of Oregon Innovative Partnerships Program), the Department of Transportation may:

(a)

Enter into any agreement or any configuration of agreements relating to transportation projects with any private entity or unit of government or any configuration of private entities and units of government. The subject of agreements entered into under this section may include, but need not be limited to, planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, leasing and operation of transportation projects.

(b)

Include in any agreement entered into under this section any financing mechanisms, including but not limited to the imposition and collection of franchise fees or user fees and the development or use of other revenue sources.

(2)

As part of the Oregon Innovative Partnerships Program established under ORS 367.804 (Goals of Oregon Innovative Partnerships Program), the department shall enter into agreements to undertake transportation projects the subjects of which include the application of technology standards to determine whether to certify technology, the collection of metered use data, tax processing and account management, as these subjects relate to the operation of a road usage charge system pursuant to ORS 319.883 (Definitions for ORS 319.883 to 319.946) to 319.946 (General rulemaking authority for per-mile road usage charge program).

(3)

The agreements among the public and private sector partners entered into under this section must specify at least the following:

(a)

At what point in the transportation project public and private sector partners will enter the project and which partners will assume responsibility for specific project elements;

(b)

How the partners will share management of the risks of the project;

(c)

How the partners will share the costs of development of the project;

(d)

How the partners will allocate financial responsibility for cost overruns;

(e)

The penalties for nonperformance;

(f)

The incentives for performance;

(g)

The accounting and auditing standards to be used to evaluate work on the project; and

(h)

Whether the project is consistent with the plan developed by the Oregon Transportation Commission under ORS 184.617 (Functions of commission) and any applicable regional transportation plans or local transportation system programs and, if not consistent, how and when the project will become consistent with applicable plans and programs.

(4)

The department may, either separately or in combination with any other unit of government, enter into working agreements, coordination agreements or similar implementation agreements to carry out the joint implementation of any transportation project selected under ORS 367.804 (Goals of Oregon Innovative Partnerships Program).

(5)

Except for ORS 383.015 (Initiation of project) and 383.019 (Agreements between department and private entities regarding maintenance of tollways), the provisions of ORS 383.001 (Findings) to 383.245 (Bond form, issuance and maturity) apply to any tollway project entered into under ORS 367.800 (Findings) to 367.824 (Rules).

(6)

The provisions of ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and ORS chapters 279A, 279B and 279C do not apply to concepts or proposals submitted under ORS 367.804 (Goals of Oregon Innovative Partnerships Program), or to agreements entered into under this section, except that if public moneys are used to pay any costs of construction of public works that is part of a project, the provisions of ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) apply to the public works. In addition, if public moneys are used to pay any costs of construction of public works that is part of a project, the construction contract for the public works must contain provisions that require the payment of workers under the contract in accordance with ORS 279C.540 (Maximum hours of labor on public contracts) and 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage).

(7)

Intentionally left blank —Ed.

(a)

The department may not enter into an agreement under this section until the agreement is reviewed and approved by the Oregon Transportation Commission.

(b)

The department may not enter into, and the commission may not approve, an agreement under this section for the construction of a public improvement as part of a transportation project unless the agreement provides for bonding, financial guarantees, deposits or the posting of other security to secure the payment of laborers, subcontractors and suppliers who perform work or provide materials as part of the project.

(c)

Before presenting an agreement to the commission for approval under this subsection, the department must consider whether to implement procedures to promote competition among subcontractors for any subcontracts to be let in connection with the transportation project. As part of its request for approval of the agreement, the department shall report in writing to the commission its conclusions regarding the appropriateness of implementing such procedures.

(8)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (b) of this subsection, documents, communications and information developed, exchanged or compiled in the course of negotiating an agreement with a private entity under this section are exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).

(b)

The documents, communications or information described in paragraph (a) of this subsection are subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) when the documents, communications or information are submitted to the commission in connection with its review and approval of a transportation project under subsection (7) of this section.

(9)

The terms of a final agreement entered into under this section and the terms of a proposed agreement presented to the commission for review and approval under subsection (7) of this section are subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).

(10)

As used in this section:

(a)

“Public improvement” has the meaning given that term in ORS 279A.010 (Definitions for Public Contracting Code).

(b)

“Public works” has the meaning given that term in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870). [2003 c.790 §§4,4b; 2007 c.531 §13; 2013 c.781 §25; 2017 c.750 §29; 2021 c.630 §158]
Note: See note under 367.800 (Findings).
367.010
Definitions for chapter
367.015
Oregon Transportation Infrastructure Fund
367.020
Loans and other assistance to public and private entities
367.025
Issuance of infrastructure bonds
367.030
Issuance of revenue bonds
367.035
Loans to municipalities
367.040
Loans to state agencies
367.050
Powers of department
367.055
Federal stimulus moneys
367.060
Department pledge to ensure loan guarantees
367.066
Definitions for ORS 367.066 and 367.067
367.067
Short Line Credit Premium Account
367.070
Industrial Rail Spur Fund
367.080
Connect Oregon Fund
367.081
Distribution of amounts in Connect Oregon Fund
367.082
Grants from Connect Oregon Fund
367.084
Selection of projects
367.086
Administration of projects
367.091
Multimodal Active Transportation Fund
367.093
Grants from Multimodal Active Transportation Fund
367.095
Tax and fee distribution and projects
367.097
Debt service
367.105
Short-term borrowing
367.161
Definitions for ORS 367.161 to 367.181
367.163
Purposes for which bonds may be issued
367.166
Requirements for grant anticipation revenue bonds
367.168
Revenue declaration
367.171
Indenture
367.173
Moneys that may be used for payment of grant anticipation revenue bonds
367.176
Refunding grant anticipation revenue bonds
367.178
Collection and use of federal transportation funds
367.181
Limits on obligation of grant anticipation revenue bonds
367.555
Authority to issue general obligation bonds
367.560
Disposition and use of general obligation bond proceeds
367.565
Procedure for issuing general obligation bonds under ORS 367.555 to 367.600
367.595
Setting aside sufficient moneys to pay maturing obligations
367.600
Compliance with constitutional debt limits
367.605
Source of funds to secure Highway User Tax Bonds
367.615
Bond issuance
367.617
Allocation of bonds
367.620
Limitation on bond amount
367.621
Use of private sector resources in specified work
367.622
Preservation and modernization projects funded by specified bonds
367.623
Consultation with local governments for project selection
367.630
Highway revenue declaration
367.635
Bond form, issuance and maturity
367.640
Indenture
367.645
Reserve account
367.650
Trust indenture to secure bonds
367.655
Loan of bond proceeds to cities and counties
367.660
Lien on certain moneys pledged for bonds
367.665
Interest on bonds exempt from state income tax
367.700
Authority to sell limited amount of bonds under ORS 367.700 to 367.750
367.705
Use of funds
367.710
Repayment by city or county
367.715
Procedure for issuing bonds under ORS 367.700 to 367.750
367.745
Setting aside sufficient moneys to pay maturing bonds
367.750
Constitutional debt limits not to be exceeded
367.800
Findings
367.802
Definitions
367.804
Goals of Oregon Innovative Partnerships Program
367.806
Agreements
367.808
Evaluation of proposed agreements
367.810
State Transportation Enterprise Fund
367.812
Bonds secured by State Transportation Enterprise Fund
367.814
Moneys from federal government or other sources
367.816
Use of moneys in Oregon Transportation Infrastructure Fund for projects
367.818
Eminent domain powers
367.820
Creation of district
367.822
Advisory committees on transportation projects
367.824
Rules
367.850
Alternatives to meeting funding requirements of transportation planning rule
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