HomeMy WebLinkAboutItem 08 for 32nd at Virginia P21177 FINAL- 11-30-2021AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
12/6/2021
Regular Meeting
Amanda Clinton/DPW
541-726-3628
Consent Calendar
Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: INTERGOVERNMENTAL AGREEMENT (IGA) WITH LANE COUNTY AND
OREGON DEPARTMENT OF TRANSPORTATION FOR THE SOUTH 32ND
STREET AT VIRGINIA AVE, IGA P21177.
ACTION
REQUESTED: Adopt or reject the following motion:
APPROVE THE DESIGN AND CONSTRUCTION OF A RECTANGULAR
RAPID FLASHING BEACON (RRFB) CROSSING WITH A PEDESTRIAN
REFUGE ISLAND ON SOUTH 32ND STREET INTERSECTION AT VIRGINA
AVENUE.
ISSUE
In partnership with Oregon Department of Transportation (ODOT), an RRFB
STATEMENT:
crossing will be designed and constructed at the intersection of S.32nd Street at
Virginia Ave in Springfield. The project is an element of the Virginia -Daisy
Bikeway Project.
ATTACHMENTS:
1. Intergovernmental Agreement, Exhibit A.
DISCUSSION/
The City of Springfield developed the Virginia -Daisy Bikeway Concept Plan to
FINANCIAL
provide a safer connection for residents and the broader community travelling by
IMPACT:
foot or bicycle to local services and amenities and complement the commercial
Main St. thoroughfare to the north. The design and construction of a rectangular
rapid flashing beacon pedestrian crossing is an element of the plan and is now
funded.
This agreement establishes the design, permitting, construction, maintenance, and
payment responsibilities of the RRFB Crossing at Virginia Ave. and South 32nd
Street with ODOT and the City of Springfield. This project has a cost of
approximately $350,000.00. The City of Springfield is allotted $314,055.00 and has
a required Federal Match of $35,945 (10.27%).
Exhibit A
Misc. Contracts and Agreements
No. 73000-00002935
LOCAL AGENCY AGREEMENT
State Funded Local Project Program
South 32nd Street at Virginia Avenue (Springfield)
City of Springfield
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" or "ODOT;" and CITY OF SPRINGFIELD, acting by and through its elected
officials, hereinafter referred to as "Agency," both herein referred to individually or
collectively as "Party" or "Parties."
RECITALS
1. Agency wishes to exchange federal funds for state funds, in order to fund the
Project using state funding. State has determined that Agency is eligible for state
funds for the work to be performed under this Agreement through the State Funded
Local Project Program. The Parties enter into this Agreement to exchange these
funds, identify the Project that will be funded with the state funds, and describe the
method State will use to reimburse Agency for work performed on the Project using
the state funds, including establishing invoicing requirements and the proportional
reimbursement rate.
2. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and
366.576, state agencies may enter into cooperative agreements with counties,
cities, and 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.
3. South 32nd Street and Virginia Avenue are a part of the City street system under
the jurisdiction and control of Agency.
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. State and Agency agree to Agency designing and constructing a flashing light
crossing with a pedestrian refuge island on the southern leg of the intersection, and
adding curb extensions on Virginia Avenue, hereinafter referred to as "Project." The
Project location and approximate limits are shown on the map marked "Exhibit A,"
attached hereto and by this reference made a part hereof.
2. The total Project cost for the work to be performed under this Agreement is
estimated at $350,000.00, which is subject to change. Prior to exchanging funds,
the federal share of the total Project cost is $314,055.00.
a. Per the 1:1 fund exchange ratio of state dollars to federal dollars, Agency will
exchange $314,055.00 of federal dollars allocated for this Project for
Key No. 22385
Attachment 1, Page 1 of 13
City of Springfield/ODOT
Agreement No. 73000-00002935
$314,055.00 of state dollars.
b. State funds under this Agreement are limited to $314,055.00.
3. Upon receipt and approval of Agency's invoice(s), State shall proportionately
reimburse Agency 89.73 percent of eligible, actual costs incurred in carrying out the
Project, up to the maximum amount of state funds committed for the Project.
4. Agency is solely responsible for any and all costs incurred in excess of the state
funds identified in this Agreement. Any unspent state funds will be retained by State
and will not be available for Agency use. State funds transferred to Agency must be
used for the Project.
5. To be eligible for reimbursement, expenditures must comply with the requirements
of Article IX, Section 3a of the Oregon Constitution. Eligible costs are defined as
reasonable and necessary costs incurred by the Agency in performance of the
Project.
6. The term of this Agreement will begin upon the date all required signatures are
obtained and will terminate upon completion of the Project and final payment or ten
(10) calendar years following the date of final execution, whichever is sooner.
AGENCY OBLIGATIONS
1. Agency shall perform the work described in TERMS OF AGREEMENT, Parargraph
1 of this Agreement.
2. Americans with Disabilities Act Compliance
a. Agency shall ensure that the Project, including all sidewalks, curb ramps, and
pedestrian -activated signals, is designed, constructed and maintained to comply
with Section 504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990 as amended (together, "ADA").
Agency may follow its own processes or may use ODOT's processes for design,
construction, or alteration of Project sidewalks, curb ramps, and pedestrian -
activated signals, including using the ODOT Highway Design Manual, ODOT
Design Exception process, ODOT Standard Drawings, ODOT Construction
Specifications, providing a temporary pedestrian accessible route plan and
current Curb Ramp Inspection form, available at:
https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx;
Additional ODOT resources are available at the above -identified link. ODOT has
made its forms, processes, and resources available for Agency's use and
convenience.
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City of Springfield/ODOT
Agreement No. 73000-00002935
b. Agency assumes sole responsibility for ensuring that the Project complies with
the ADA, including when Agency uses ODOT forms and processes. Agency
acknowledges and agrees that ODOT is under no obligation to review or approve
Project plans or inspect the completed Project to confirm ADA compliance.
c. Agency shall ensure that temporary pedestrian routes are provided through or
around any Project work zone. Any such temporary pedestrian route shall
include directional and informational signs and include accessibility features
equal to or better than the features present in the existing pedestrian route.
Agency shall also ensure that advance notice of any temporary pedestrian route
is provided in accessible format to the public, people with disabilities, and
disability organizations prior to the start of construction.
d. Agency shall ensure that any portions of the Project under Agency's
maintenance jurisdiction are maintained in compliance with the ADA throughout
the useful life of the Project. This includes, but is not limited to, Agency ensuring
that:
i. Pedestrian access is maintained as required by the ADA,
ii. Any complaints received by Agency identifying sidewalk, curb ramp, or
pedestrian -activated signal safety or access issues are promptly
evaluated and addressed,
iii. Agency, or abutting property owner, pursuant to local code provisions,
performs any repair or removal of obstructions needed to maintain the
facility in compliance with the ADA requirements that were in effect at the
time the facility was constructed or altered,
iv. Any future alteration work on Project or Project features during the useful
life of the Project complies with the ADA requirements in effect at the time
the future alteration work is performed, and
v. Applicable permitting and regulatory actions are consistent with ADA
requirements.
e. Maintenance obligations in this section shall survive termination of this
Agreement.
3. Except as otherwise provided in Agency Obligations Paragraph 2 above, Agency
agrees that the Project shall be developed in conformance with the applicable
American Association of State Highway and Transportation Officials (AASHTO)
standards, including the current edition of A Policy on Geometric Design of
Highways and Streets.
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City of Springfield/ODOT
Agreement No. 73000-00002935
4. Agency shall submit all of the following items to State's Project Manager, at Project
completion and prior to final payment:
a. Final Project completion Inspection form No. 734-5063 (completed with State's
Project Manager);
b. Final Cost;
c. As -Constructed Drawings
5. Agency shall present invoices for the eligible, actual costs incurred by Agency on
behalf of the Project directly to State's Project Manager listed in this Agreement for
review and approval. Such invoices shall be in a form identifying the Project, Key
number, the Agreement number, the Project phase and amount charged to each
(such as preliminary engineering, right of way, and construction), the invoice
number, and will itemize all expenses for which reimbursement is claimed. Invoices
shall be presented for periods greater than one month, based on actual expenses
incurred, and must clearly specify the percentage of completion of the Project.
Agency shall also include with the invoice a Project progress report or summary that
describes work accomplished for the period being invoiced and work expected for
the next invoicing period. Travel expenses will not be reimbursed.
6. Agency, or its consultant, shall conduct the necessary preliminary engineering and
design work required to produce final plans, specifications and cost estimates in
accordance with current state and federal laws and regulations; obtain all required
permits; be responsible for all utility relocations; advertise for bid proposals; award
all contracts; perform all construction engineering; and make all contractor payments
required to complete the Project.
7. Agency or its consultant shall acquire all necessary right of way in accordance with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, ORS Chapter 35 and the State Right of Way Manual.
8. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530
and 2796.270 incorporated herein by reference and made a part hereof. Without
limiting the generality of the foregoing, Agency expressly agrees to comply with (i)
Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation
Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv)
all regulations and administrative rules established pursuant to the foregoing laws;
and (v) all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
9. Agency shall perform the services under this Agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to
its employment of individuals to perform the work under this Agreement including,
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Attachment 1, Page 4 of 13
City of Springfield/ODOT
Agreement No. 73000-00002935
but not limited to, retirement contributions, workers compensation, unemployment
taxes, and state and federal income tax withholdings.
10.All employers, including Agency, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are exempt
under ORS 656.126. Employers Liability insurance with coverage limits of not less
than $500,000 must be included. Agency shall ensure that each of its
subcontractors complies with these requirements.
11. Agency shall, at its own expense, maintain, operate, and provide power as needed
upon Project completion at a minimum level that is consistent with normal
depreciation and/or service demand and throughout the useful life of the Project.
State and Agency agree that the useful life of this Project is defined as twenty years.
Maintenance and power responsibilities shall survive any termination of the Project
Agreement.
12. Utility relocation or reconstruction may or may not be an eligible Project expense
according to the following standard:
a. The expense is an eligible expense if the owner of the utility facility possesses a
property right for its location on the public right of way.
b. The expense is not an eligible expense if the owner of the utility facility does not
possess a property right for its location, but the facility exists on the public right
of way solely under the permission of the Agency or other road authority,
whether that permission is expressed or implied, and whether written or oral.
13.Agency certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
Agency's current appropriation or limitation of the current budget. Agency further
agrees that they will only submit invoices to State for reimbursement on work that
has been performed and paid for by Agency as described in this Agreement.
14.Agency shall require its contractor(s) and subcontractor(s) that are not units of local
government as defined in ORS 190.003, if any, to indemnify, defend, save and hold
harmless the State of Oregon, Oregon Transportation Commission and its
members, Oregon Department of Transportation and its officers, employees and
agents from and against any and all claims, actions, liabilities, damages, losses, or
expenses, including attorneys' fees, arising from a tort, as now or hereafter defined
in ORS 30.260 (Claims), to the extent such Claims are caused, or alleged to be
caused by the negligent or willful acts or omissions of Agency's contractor or any of
the officers, agents, employees or subcontractors of the contractor. It is the specific
intention of the Parties that State shall, in all instances, except to the extent Claims
arise from the negligent or willful acts or omissions of the State, be indemnified from
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City of Springfield/ODOT
Agreement No. 73000-00002935
and against all Claims caused or alleged to be caused by the contractor or
subcontractor.
15.Any such indemnification shall also provide that neither Agency's contractor and
subcontractor nor any attorney engaged by Agency's contractor and subcontractor
shall defend any claim in the name of the State of Oregon or any agency of the
State of Oregon, nor purport to 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's contractor is
prohibited from defending the State of Oregon, or that Agency's contractor 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 claims it may
have against Agency's contractor if the State of Oregon elects to assume its own
defense.
16. If Agency enters into a construction contract for performance of work for the Project,
then Agency will include provisions in that contract requiring its contractor to comply
with the following:
a. Contractor and Agency shall name State as a third party beneficiary of the
resulting contract.
b. Contractor shall indemnify, defend and hold harmless State from and against all
claims, suits, actions, losses, damages, liabilities, costs and expenses of any
nature whatsoever resulting from, arising out of, or relating to the activities of
Contractor or its officers, employees, sub -contractors, or agents under the
resulting contract.
c. Commercial General Liability. Contractor shall obtain, at Contractor's expense,
and keep in effect during the term of the resulting contract, Commercial General
Liability Insurance covering bodily injury and property damage and shall include
personal and advertising injury liability, products and completed operations, and
contractual liability coverage. Coverage shall be written on an occurrence basis
in an amount of not less than ® $1,000,000 ❑ $2,000,000 ❑ $5,000,000 for
each job site or location. Annual aggregate limit shall not be less than ❑
$1,000,000 ® $2,000,000 ❑ $4,000,000 ❑ 10,000,000.
d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep
in effect during the term of the resulting contract, Automobile Liability Insurance
covering Contractor's business-related automobile use covering all owned, non -
owned, or hired vehicles for bodily injury and property. Coverage shall be written
with a combined single limit of not less than $1,000,000. This coverage may be
written in combination with the Commercial General Liability Insurance (with
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Attachment 1, Page 6 of 13
City of Springfield/ODOT
Agreement No. 73000-00002935
separate limits for Commercial General Liability and Automobile Liability).
e. Additional Insured Endorsement. The liability insurance coverage, except
Professional Liability, Errors and Omissions, or Workers' Compensation, if
included, required for performance of the resulting contract will include State and
its divisions, officers and employees as Additional Insured but only with respect
to the Contractor's activities to be performed under the resulting contract.
Coverage shall be primary and non-contributory with any other insurance and
self-insurance.
f. Notice of Cancellation or Change. There shall be no cancellation, material
change, potential exhaustion of aggregate limits or non -renewal of insurance
coverage(s) without thirty (30) days written notice from the Contractor or its
insurer(s) to State. Any failure to comply with the reporting provisions of this
clause shall constitute a material breach of the resulting contract and shall be
grounds for immediate termination of the resulting contract and this Agreement.
17. Agency acknowledges and agrees that State, the Oregon Secretary of State's
Office, 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 during the course of the Project and 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.
18.Agency certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of Agency,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind Agency.
19.Agency's Project Manager for this Agreement is Kristi Krueger, PE, Managing Civil
Engineer, City of Springfield, 225 Fifth St., Springfield, OR 97477; 541-726-4584;
kkrueger@springfield-or.gov, or assigned designee upon individual's absence.
Agency shall notify the other Party in writing of any contact information changes
during the term of this Agreement.
STATE OBLIGATIONS
1. In consideration for the services performed under this Agreement, State shall
reimburse Agency 89.73 percent of eligible costs incurred in carrying out the Project
up to the maximum amount of state funds committed for the Project in Terms of
Agreement, Paragraph 2 of this Agreement. Reimbursements shall be made by
State within forty-five (45) days of State's approval of a request for reimbursement
from Agency, except that final payment will be withheld until the State's Project
Manager has completed final project inspection and project acceptance.
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Attachment 1, Page 7 of 13
City of Springfield/ODOT
Agreement No. 73000-00002935
2. State shall provide the following items to Agency's Project Manager no later than 30
days after execution of this Agreement:
a. Scoping Notes; and
b. Any other project specific information gathered during the scoping and selection
process.
3. State's Project Manager will arrange for a final project inspection upon notification
from Agency of Project completion, to confirm project completeness and fulfillment
of Agreement obligations, prior to final payment.
4. If Project includes traffic signal improvements on or along a State Highway, traffic
signal timing shall be the responsibility of State, unless there is an agreement that
specifically allows Agency to perform that function. Consistent with Agency
Obligations Paragraph 2 State shall:
a. Ensure its Region Electrical Crew, at Project expense, perform the signal
equipment environmental testing and perform the signal field testing and turn on,
b. Retain the right of review of the traffic signal timing for signals on state highways,
or those which State maintains, and shall reserve the right to request
adjustments when needed,
c. Notify the local jurisdiction whenever timing changes that affect the operation of
local street connections to the state highway are scheduled. All modifications
shall follow guidelines set forth in the current Manual on Uniform Traffic Control
Devices, and the current ODOT State Traffic Signal Policy and Guidelines,
d. Upon completion of the Project, maintain the pavement surrounding the vehicle
detector loops installed in the State highway in such a manner as to provide
adequate protection for said detector loops and at State's expense,
e. Maintain the pavement markings and signing installed on the State highway in
accordance with current ODOT standards, and
f. Where Agency has an agreement with State to modify signal timing and the
Agency modifies timing to add railroad or emergency vehicle preemption, bus
priority, or other changes that affect vehicle or pedestrian clearances, or
operation of the state highway, Agency shall promptly report such modifications
to State's Region Traffic Engineer. Any such timing modification shall comply
with the ADA and Agency Obligations Paragraph 2,
5. State's Project Manager for this Agreement is Carol Houk, Area 4 Transportation
Project Manager, 3700 SW Philomath Boulevard, Corvallis, Oregon 97333; (541)
757-4137; carol.s.houk(a�-odot.state.or.us, or assigned designee upon individual's
n.
Attachment 1, Page 8 of 13
City of Springfield/ODOT
Agreement No. 73000-00002935
absence. State shall notify the other Party in writing of any contact information
changes during the term of this Agreement.
GENERAL PROVISIONS
1. This Agreement may be terminated by mutual consent of both Parties.
2. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the time
specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement or so fails
to pursue the work as to endanger performance of this Agreement in accordance
with its terms, and after receipt of written notice from State fails to correct such
failures within ten (10) days or such longer period as State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other expenditure
authority sufficient to allow State, in the exercise of its reasonable administrative
discretion, to continue to make payments for performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or interpreted in
such a way that either the work under this Agreement is prohibited or if State is
prohibited from paying for such work from the planned funding source.
3. If State terminates this Agreement for the reasons described in General Provisions
2(a) or (b) above, Agency must reimburse State for all state funds expended. If
Agency fails to reimburse State, State may withhold Agency's proportional share of
State Highway Fund distribution necessary to reimburse State for costs incurred by
such Agency breach.
4. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
5. If any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State
or Agency with respect to which the other Party may have liability, the notified Party
must promptly notify the other Party in writing of the Third Party Claim and deliver to
the other Party a copy of the claim, process, and all legal pleadings with respect to
the Third Party Claim. Each Party is entitled to participate in the defense of a Third
Party Claim, and to defend a Third Party Claim with counsel of its own choosing.
Receipt by a Party of the notice and copies required in this paragraph and
meaningful opportunity for the Party to participate in the investigation, defense and
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City of Springfield/ODOT
Agreement No. 73000-00002935
settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to that Party's liability with respect to the Third Party Claim.
6. With respect to a Third Party Claim for which State is jointly liable with Agency (or
would be if joined in the Third Party Claim), State shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by Agency in such
proportion as is appropriate to reflect the relative fault of State on the one hand and
of Agency on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of State on the one hand and of Agency
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. State's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.
7. With respect to a Third Party Claim for which Agency is jointly liable with State (or
would be if joined in the Third Party Claim), Agency shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by State in such
proportion as is appropriate to reflect the relative fault of Agency on the one hand
and of State on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of Agency on the one hand and of State
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. Agency's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.
8. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
9. State and Agency are the only Parties to this Agreement and, as such, are the only
Parties entitled to enforce its terms. Nothing in this Agreement gives or shall be
construed to give or provide any benefit, direct, indirect or otherwise to third persons
unless such third persons are expressly identified by name and specifically
described as intended to be beneficiaries of its terms.
10. 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
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Attachment 1, Page 10 of 13
City of Springfield/ODOT
Agreement No. 73000-00002935
copy of this Agreement so executed shall constitute an original.
11. 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 either Party to enforce any provision of this Agreement shall not constitute a
waiver by that Party 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.
This Project is in the 2021-2024 Statewide Transportation Improvement Program
(STIP), (Key #22385) that was adopted by the Oregon Transportation Commission on
July 15, 2020 (or subsequently by amendment to the STIP).
Signature Page to Follow
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Attachment 1, Page 11 of 13
City of Springfield/ODOT
Agreement No. 73000-00002935
CITY OF SPRINGFIELD, by and through
its elected officials
By
City Manager
Date
LEGAL REVIEW APPROVAL
(If required in Agency's process)
By
City Legal Counsel
Date
Agency Contact:
Kristi Krueger, PE
Managing Civil Engineer
City of Springfield
225 Fifth Street
Springfield, OR 97477
(541) 726-4584
kkrueger springfield-or.gov
State Contact:
Carol Houk
Area 4 Transportation Project Manager
3700 SW Philomath Boulevard
Corvallis, OR 97333
(541) 757-4137
carol.s.houkaodot.state.or.us.
STATE OF OREGON, by and through
its Department of Transportation
By
Region 2 Manager
Date
APPROVAL RECOMMENDED
By
Region 2 Project Delivery Manager
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
Assistant Attorney General
12
Date
Attachment 1, Page 12 of 13
City of Springfield/ODOT
Agreement No. 73000-00002935
EXHIBIT A — Project Location Map
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Attachment 1, Page 13 of 13