HomeMy WebLinkAboutItem 04 Award Contract for 42nd Street LeveeAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
1/17/2023
Regular Meeting
Brian Conlon/DPW
Ken Vogeney/DPW
541-726-3617
541-736-1026
Estimated Time: 5 Minutes
SPRINGFIELD Council Goals: Strengthen Public Safety
CITY COUNCIL by Leveraging
Partnerships and
Resources
ITEM TITLE: AWARD CONTRACT TO HDR ENGINEERING, INC. FOR 42ND STREET
LEVEE EMERGENCY ACTION PLAN, PROJECT P41044
ACTION Approve or reject a motion to authorize and direct the City Manager to execute a
REQUESTED: contract with HDR Engineering, Inc. to prepare an Emergency Action Plan for the
42nd Street Levee.
ISSUE The 42nd Street Levee was designed to protect about 1/3 of the City's population
STATEMENT: from flooding from the McKenzie River. The Emergency Action Plan will provide
a framework for the City's response to Levee -related emergencies.
ATTACHMENTS: 1. Contract with HDR Engineering, Inc.
2. 42nd Street Levee Modernization brochure
DISCUSSION/ An Emergency Action Plan (EAP) will provide the framework for the City's
FINANCIAL response to an emergency involving the 42nd Street Levee. The EAP will be
IMPACT: developed using planning process guidance from FEMA and will be consistent the
applicable guidance from the Army Corps of Engineers and Department of
Homeland Security for levee Emergency Action Plans.
The contract services include preparing a communication plan with community
outreach activities for gauging the community's awareness of the levee, as well as
informing the procedures to be included in the EAP. The services also include
stakeholder participation; modeling the areas and critical infrastructure at risk from
flooding during a levee emergency; identifying potential protective measures for
the at -risk areas; designating evacuation routes and destinations; and preparing
internal and public alert and warning templates.
The EAP will be designated as a "For Official Use Only" document as an Incident
Annex to the Eugene -Springfield Multi -Jurisdictional Emergency Operations Plan.
A summary version of the plan suitable for public release will also be provided.
The contract fee is not to exceed $150,000. The City has received two State
Homeland Security Grants to assist with this project - $27,000 through the Oregon
Department of Emergency Management and $13,000 through Lane County. The
remaining contract funds are available in the 42nd Street Levee Study project in the
Capital Improvement portion of Fund 617 Stormwater.
Attachment 2 is a brochure we prepared for the 2022 United Front and is included
to provide background information about the Levee for the Council.
CITY OF SPRINGFIELD
CONTRACT FOR SERVICES
Contract # C3256
Dated:
Parties: City of Springfield 11CITY"
A Municipal Corporation of the State of Oregon
225 5th Street
Springfield, OR 97477
and
HDR Engineering, Inc.
"Contractor"
Additional Contractor Information:
a) Type of Entity: Sole Proprietorship Partnership
Limited Liability Comp
Corporation
b) Address: 1050 SW 6` Ave., Ste 1800, Portland, OR 97204
c) Telephone: 503-423-3717
d) Fax No:
e) If Applicable, Listed among the Parties Excluded from Federal Procurement or Non -
Procurement Programs found at: https://www.sam.gov/portal/public/SAM/: LJ Yes 40
City Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
------------------------------------------------------ ------
617-07600-8800-800004-P41044 73.3%
------------------------------------------------------------------------------------------------------------�--------------------------------------------------;
204-07300-1021-800004-P41044 26.7%
------------------------------------------------------------------------------------------------------------�--------------------------------------------------;
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------------------------------------------
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions, and conditions, in addition to the terms and conditions in any attached addenda:
Attachment 1, Page 1 of 22
1. Services to be Delivered. Contractor shall perform the Services and deliver to the City the
Deliverables specified in Attachment 1. The Statement of Work (Attachment 1) includes the delivery
schedule for the Deliverables and Services. Contractor will perform the Services in accordance with the
terms and conditions of this Contract.
2. Payment by City. The maximum, not -to -exceed compensation payable to Contractor under this
Contract, which includes any allowable expenses, is $150,000.00. City will not pay Contractor any
amount in excess of the not -to -exceed compensation of this Contract and will not pay for Services
performed before the Effective Date or after the expiration or termination of this Contract. If the
maximum compensation is increased by amendment of this Contract, the amendment must be fully
effective before Contractor performs Services subject to the amendment. City will pay Contractor for
only for completed Deliverables and Services performed according to the schedule in Attachment 1 and
rates in Attachment 2.
2.1. Documentation of Work Performed — Grant Reporting. The services being provided
under this Agreement are being partially funded through a State Homeland Security Program
(SHSP) grant obtained by City from Oregon Military Department Office of Emergency
Management (Oregon OEM). Pursuant to its grant agreement with OEM, City must provide
supporting documentation with each Request for Reimbursement (RFR) submitted by City to
OEM. Contractor will provide to City supporting documentation sufficient to satisfy the
requirements of OEM with each of its monthly invoices for services performed under this
contract during the prior month. City will not pay or reimburse any expenses incurred by
Contractor which are not supported, in the sole discretion of City and/or OEM, by adequate
supporting documentation until such documentation is provided.
3. Expenses. City will not pay or reimburse any expenses incurred by Contractor during the completion
of the Services except as authorized in the Statement Work or elsewhere in this Contract.
4. Term. This Agreement is effective as of the date first set forth above and will continue until July 31,
2023, unless earlier terminated in accordance with the provisions of this Agreement or by mutual
consent of the parties.
4.1. ❑ Renewal. This Agreement may be extended for zero (0) additional one-year terms upon
mutual agreement of the parties in writing.
4.2. ❑x Non -Appropriation. The obligation of the City to make payments beyond June 30, 2023
is subject to annual appropriation. To the extent that funds are appropriated to make those
payments for a given fiscal year, the full faith and credit of the City is pledged to the
payments for such fiscal year. The obligation of the City to make those payments is not
secured by the unlimited taxing power of the City and is not a general obligation of the City,
The City's obligation to make those payments in any year is subject to future appropriation
of funds by the City Council for the fiscal year in which the payment is due. In the event that
funds are not so appropriated, payments will not be made and this Agreement will be
terminated as of the date noted in this subsection 4.2.
5. Invoice. City will pay Contractor's invoices on Net 30 -day terms upon City acceptance of Services
performed and Goods delivered as stated in section 7. Contractor must send invoices to: Accounts
Payable - City of Springfield, 225 5th Street, Springfield, OR 97477 or email to aaap@springfieldor.gov.
The invoice must reference this contract #C3256 and approval code #711.
5.1. Invoice Due Date. Contractor's invoices must be submitted to City not later than the fifth
(5th) day of each month following the month for which Contractor is seeking payment for
services performed.
Attachment 1, Page 2 of 22
6. Overdue Charges. Contractor may assess overdue account charges to City on unpaid invoices only
as stated in this section. Overdue account charges must be the same as the usual overdue account
charges to the general clientele of the vendor. Overdue claims are only those claims that have not
been paid within 45 days of: the date of the City's receipt of the invoice, the date of the initial billing
statement if there is no invoice, or the date the claim is made certain by agreement of the parties or
by operation of law. However, no overdue account charges will accrue on any purchases made by City
during time of civil emergency or in the event of a natural disaster which prevents the timely payment
of accounts. In such instances accounts shall be paid in as timely a manner as possible. The date of
the check or automatic funds transfer in payment of the claims will be used to determine if the claim
has been paid in a timely manner. It is a rebuttable presumption that the check was correctly dated.
7. Rejection of Deliverables. If City determines that a Deliverable does not have the characteristics or
otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, City
will notify Contractor in writing of City's rejection of the Deliverable(s) and describe in reasonable
detail in such notice the City's basis for rejection of the Deliverable(s). Within 21 days of receiving
notice of non-acceptance, the Contractor must modify or improve the Deliverables at Contractor's sole
expense so that the Deliverable(s) meets the acceptance criteria in all material respects, notify the
City in writing that it has completed such modifications or improvements, and re -tender the
Deliverables to City. Within 21 days of Contractor's re -tender of the Deliverable(s), City will review the
modified or improved Deliverable(s). Failure of the Deliverables to meet the acceptance criteria in all
material respects after the second submission will constitute a default by Contractor. In the event of
such default, Agency may either, (i) notify Contractor of such default and instruct Contractor to
modify or improve the Deliverables as set forth in this Section, or (ii) notify Contractor of such default
and pursue its remedies for default provided for by law or the terms of this Contract.
8. Contractor's Representations. Contractor represents that:
8.1. Contractor has the authority to enter into and perform according to this Contract, and that
this Contract, when executed and delivered, is a valid and binding obligation of Contractor
that is enforceable according to its terms;
8.2. Contractor has the skill and knowledge possessed by well-informed members of its industry,
trade or profession and Contractor will apply that skill and knowledge with care and diligence
and perform Services in a timely, professional, and skillful manner according to standards
applicable to Contractor's industry, trade, or profession; and
8.3. Contractor is, and must be at all times during the term of this Contract, qualified,
professionally competent, and duly licensed to perform Services.
9. Sourcing. City sourced this contract through publicly advertising its solicitation RFP No. S3075 — 42nd
Street Levee Emergency Action Plan on its public website and in the Register Guard newspaper, a
newspaper of general circulation, in accordance with Federal, State, and local
Springfield Municipal Code "Public Contracts" Section 2.700 et seq. and City's Purchasing Guidelines.
10. First Point of Contact.
Brian Reis, PE Project
Manager HDR
Engineering, Inc.
1050 SW 6th Ave., Ste 1800, Portland, OR 97204
Email: Brian. Reis@hdrinc.com
Phone: (512) 619-2301
Attachment 1, Page 3 of 22
11. Indemnification and Hold Harmless.
11.1. Contractor agrees to indemnify, defend, and hold harmless the City and its officers, agents,
and employees from and against all claims, actions, liabilities, loss, and costs including
reasonable attorney's fees and costs of defense, to the extent arising from the negligent acts
or omissions of Contractor, and Contractor's subcontractors, officers, agents, and
employees, in performance of this contract.
11.2. In the event any such action or claim is brought against City, upon tender by City,
Contractor will defend the same at Contractor's sole cost and expense, promptly satisfy any
judgment adverse to City or to City and Contractor, jointly, and reimburse City for any loss,
cost, damage, or expense, including reasonable attorney fees, suffered, or incurred by City.
City shall notify Contractor, within a reasonable time, of any claim, threat of claim or legal
action.
11.3. Notwithstanding subsections 11.1 and 11.2, neither Contractor nor any attorney engaged by
Contractor will defend any claim in the name of the City, nor purport to act as legal
representative of the City, without the prior written consent of the City Attorney's Office.
CITY may, at any time and at its election, assume its own defense and settlement of any
claims. City reserves all rights to pursue any claims it may have against Contractor if the City
elects to assume its own defense.
11.4. This Section 11 does not include indemnification by Contractor for losses, claims, or actions
resulting from the sole negligence of City or its officers, agents, and employees, whether
within the scope of the Contract or otherwise.
11.5. Contractor agrees to indemnify, defend, save and hold harmless Oregon Military
Department, Office of Emergency Management, hereinafter referred to as "OEM," and its
officers, employees and agents from and against any and all claims, actions, liabilities,
damages, losses, or expenses, including reasonable attorneys' fees, arising from a tort, as
now or hereafter defined in ORS 30.260, to the extent caused, or alleged to be caused, by
the negligent or willfully wrongful acts or omissions of Contractor or any of Contractor's
officers, agents, employees or subcontractors ("Claims'. It is the specific intention of the
Parties that OEM shall, in all instances, except for Claims arising solely from the negligent or
willful acts or omissions of OEM, be indemnified by Contractor from and against any and all
Claims.
Neither Contractor(s) nor any attorney engaged by Contractor shall defend any claim in the
name of OEM or any agency of the State of Oregon (collectively "State'), nor purport to act
as legal representative of the State or any of its agencies, without the prior written consent
of the Oregon Attorney General. The State may, at any time at its election, assume its own
defense and settlement in the event that it determines that Contractor is prohibited from
defending State or that Contractor is not adequately defending State's interests, or that an
important governmental principle is at issue or that it is in the best interests of State to do
so. State reserves all rights to pursue claims it may have against Contractor if State elects to
assume its own defense.
11.6. For visual inspections, City hereby releases, holds harmless, indemnifies and agrees to
defend Contractor against any claims, damages, losses, liabilities, expenses or costs arising
out of any failure to detect hidden, covered, inaccessible, or internal structural or material
defects, corrosion, or damages in components, embedment, reinforcing, anchorages and
parts of equipment, structures, or mechanisms being inspected, that are not readily
discernible by external visual inspection through reasonable efforts.
12. Insurance.
12.1. Required Coverages. Contractor must obtain at Contractor's expense, and require its
Attachment 1, Page 4 of 22
first tier contractors and subcontractors, if any, to obtain the insurance specified in this
section 12 prior to commencing performance under this Contract, and must maintain it in
full force and at its own expense throughout the duration of this Contract, as required by
any extended reporting period or tail coverage requirements, and all warranty periods that
apply. Contractor must obtain and require its first-tier contractors and subcontractors, if
any, to obtain the following insurance from insurance companies or entities acceptable to
City and OEM and authorized to transact the business of insurance and issue coverage in
Oregon. Contractor acknowledges that insurance specified in this section does not limit
indemnification responsibilities specified in section 11 Indemnification.
12.1.1. General Insurance. Commercial general liability insurance covering bodily injury,
death, and property damage in a form and with coverage that are satisfactory to City and
OEM. This insurance must include personal and advertising injury liability, products and
completed operations, contractual liability coverage for the indemnity provided under this
Grant, and have no limitation of coverage to designated premises, project, or operation.
Coverage must be written on an occurrence basis in an amount of $2,000,000 per
occurrence. Annual aggregate limit may not be less than $3,000,000.
12.1.2. Automobile Liability Insurance. Automobile liability insurance covering
Contractor's business use including coverage for all owned, non -owned, or hired vehicles
with a combined single limit of not less than $1,000,000 per accident for bodily injury and
property damage. Annual aggregate limit may not be less than $2,000,000. This coverage
may be written in combination with the commercial general liability insurance (with separate
limits for commercial general liability and automobile liability). Use of personal automobile
liability insurance coverage may be acceptable if Contractor provides evidence that the
policy includes a business use endorsement.
12.1.3. Workers' Compensation. Contractor must provide and maintain workers'
compensation coverage with limits not less than $500,000 for its employees, officers,
agents, or partners, as required by applicable workers' compensation laws as defined in
ORS 656.027 and ORS 701.035(5). If Contractor is exempt from coverage, a written
statement signed by Contractor so stating the reason for exemption must be provided to
the City.
12.2. Additional Coverages.
12.2.1. ❑x Professional Liability. Contractor shall maintain a professional liability
insurance policy reflecting limits of $2,000,000 per claim/annual aggregate for
professionally negligent acts, errors or omissions arising from the Work. The policy may be
written on a "claims made" form. Contractor shall maintain the professional liability
insurance coverage for at least one year after the completion of the work. The policy shall
contain an endorsement entitling the City not less than 60 days prior written notice of
cancellation of such policy
12.2.2. ❑ Cybersecurity. Contractor shall maintain in force during the duration of this
agreement a cybersecurity policy with limits not less than $2,000,000.
12.3. Excess/Umbrella Insurance. A combination of primary and excess/umbrella insurance
may be used to meet the required limits of insurance.
12.4. Additional Insured. All insurance, except for workers' compensation, professional liability,
and network security and privacy liability (if applicable), required under this Contract must
include an additional insured endorsement specifying the City and OEM and collectively their
officers, employees and agents as Additional Insureds, including additional insured status
with respect to liability arising out of ongoing operations and completed operations, but only
with respect to Contractor's activities to be performed under this Contract. Coverage must
be primary and non-contributory with any other insurance and self-insurance. The Additional
Insured endorsement with respect to liability arising out of Contractor's ongoing operations
Attachment 1, Page 5 of 22
must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement
with respect to completed operations must be on ISO form CG 20 37 04 13 or equivalent.
12.5. Waiver of Subrogation. Contractor waives, and must require its first tier contractors and
subcontractors waive, rights of subrogation which Contractor, Contractor's first tier
contractors and subcontractors, if any, or any insurer of Contractor may acquire against the
City or OEM by virtue of the payment of any loss. Contractor must obtain, and require its
first tier contractors and subcontractors to obtain, any endorsement that may be necessary
to affect this waiver of subrogation, but this provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the Contractor or the
Contractor's insurer(s).
12.6. Tail Coverage. If any of the required insurance is on a claims made basis and does not
include an extended reporting period of at least 24 months, Contractor must maintain, and
require its first tier contractors and subcontractors, if any, maintain, either tail coverage or
continuous claims made liability coverage, provided the effective date of the continuous
claims made coverage is on or before the Effective Date of this Contract, for a minimum of
24 months following the later of (i) Contractor's completion and City's acceptance of all
Goods and Services provided under this Contract, or, (ii) City or Contractor termination of
this Contract, or, (iii) the expiration of all warranty periods provided under this Contract.
12.7. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued
by an insurance company satisfactory to the City and OEM shall be provided to the City by
way of a City approved certificate of insurance, with applicable endorsements, before any
work or services commence. The certificate(s) or an attached endorsement must specify: i)
all entities and individuals who are endorsed on the policy as Additional Insured and (ii) for
insurance on a "claims made" basis, the extended reporting period applicable to "tail" or
continuous "claims made" coverage as provided in section 12.5.
12.8. Notice of Cancellation or Material Change in Coverage. The certificate of insurance
shall contain a requirement that the Insurance company notify the City 30 days prior to any
cancellation or material reduction in coverage. If the approved insurance company will not
provide this 30 -day notice, the Contractor shall provide written notice to the City contract
manager within two days after the Contractor becomes aware that their coverage has been
canceled or has been materially changed. The Contractor shall either fax 541-726-3782 said
notice or email it directly to City Finance Department at purchasing@springfieldor.gov.
Regardless of what circumstances cause Contractor's insurance coverage to cease or be
modified, it is the Contractor's responsibility to notify the City. Failure to maintain proper
insurance or provide notice of cancellation or modification shall be grounds for immediate
termination of this contract. (Contractor initials)
12.9. OEM Acceptance. All insurance providers are subject to OEM acceptance. If requested by
OEM, City shall provide complete copies of Contractors' insurance policies, endorsements,
self-insurance documents and related insurance documents to OEM's representatives
responsible for verification of the insurance coverages required under section 12.
12.10. Equipment and Material. Contractor shall be responsible for any loss, damage, or
destruction of its own property, equipment, and materials used in conjunction with the work.
13. Independent Contractor Status, Tax duties and Liabilities.
13.1. Contractor will perform all Services as an independent contractor. Although City may (a)
determine and modify the delivery schedule for Goods to be delivered and Services to be
performed and (b) evaluate the quality of the completed performance, City cannot and will
not control the means or manner of Contractor's performance. Contractor is responsible for
determining the appropriate means and manner of performing any Services required under
Attachment 1, Page 6 of 22
this Contract. Contractor is not an "officer," "employee," or "agent" of City as those terms
are used in ORS 30.265.
13.2. Contractor shall be responsible for all federal, state, and local taxes, if any, applicable to any
payments received pursuant to this Agreement, including but not limited to income tax,
payroll tax, social security, and self-employment tax. City will not withhold, pay, or in any
other manner be responsible for payment of any taxes on behalf of Contractor. Contractor is
not eligible for any social security, unemployment insurance, or workers' compensation
benefits from compensation or payments paid to Contractor under this Contract.
14. Legal Representation. This Agreement was prepared by the City. Contractor has had the
opportunity to have this Agreement reviewed by its own legal counsel prior to its execution.
15. Venue and Choice of Law. Venue for litigation concerning this Agreement rests exclusively with the
court of the State of Oregon for Lane County. Any dispute arising under this Agreement will be
governed by the law of the State of Oregon.
16. Force Majeure. If Contractor is delayed by reason of weather, fire, riot, strikes, acts of God or other
circumstances beyond Contractor's reasonable control, City may terminate this Agreement in writing
to Contractor after determining such delay or default will unreasonably prevent successful
performance of the Contract. If City elects not to terminate the Contract, Contractor will be entitled
to additional time to complete the Contract equal to that lost by an or all of the above causes.
17. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with
any law, the validity of the remaining terms and provisions will not be affected; the rights and
obligations of the parties will be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
18. Records & Data.
18.1. Access to Data.
18.1.1. Access by the City. City and its duly authorized representatives shall have access to
books, documents, papers, and records of Contractor which are directly pertinent to this
Agreement for the purpose of making audit, examination, excerpts, and transcripts.
18.1.2. Access to Data by OEM, et al. Contractor and its subcontractors, successors,
transferees, and assignees acknowledge and agree to provide OEM, Oregon Secretary of
State (Secretary), Office of Inspector General (OIG), Department of Homeland Security
(DHS), Federal Emergency Management Agency (FEMA), or any of their authorized
representatives, access to records, accounts, documents, information, facilities, and
staff. Contractor and its subcontractors must cooperate with any compliance review or
complaint investigation by any of the above listed agencies, providing them access to
and the right to examine and copy records, accounts, and other documents and sources
of information related to the grant and permit access to facilities, personnel, and other
individuals and information as may be necessary. The right of access is not limited to the
required retention period but shall last as long as the records are retained.
18.1.3. Records Retention. Contractor shall retain and keep accessible all books,
documents, papers, and records that are directly related to this Agreement, the Grant
Funds, or the Project for until the latest of (a) six years following termination, completion,
or expiration of this Agreement, (b) upon resolution of any litigation or other disputes
related to this Agreement, or (c) as required by 2 CFR 200.333. It is the responsibility of
Contractor to obtain a copy of 2 CFR Part 200, and to apprise itself of all rules and
regulations set forth.
Attachment 1, Page 7 of 22
18.2. 0 Rights in Data. All original written material in whatever form, whether print or digital,
prepared for City pursuant to this Agreement, is the exclusively the property of the City. The
ideas, concepts, know-how, or techniques developed during the course of this Agreement by
Contractor personnel can be used by either party in any way it may deem appropriate.
Material already in Contractor's possession, independently developed by Contractor outside
the scope of this Agreement, or rightfully obtained by Contractor from third parties, belong
to Contractor. This Agreement does not preclude Contractor from developing materials
which are competitive, irrespective of their similarity to materials which might be delivered to
the City pursuant to this Agreement. Contractor will not, however, use any written materials
developed under this Agreement in developing materials for others, except as provided in
this section. Any re -use of Contractor's
deliverables for others or for purposes not contemplated int this Agreement shall be at
City's sole risk and without liability to Contractor.
19. Purchase and Management of Property and Equipment. During the course of performance
hereunder, Contractor may determine that the purchase of property or equipment will benefit its
performance and City. In the event Contractor desires to seek reimbursement from City for said
purchase(s), Contractor must first submit a request in writing to City including the justification for said
purchase(s), the benefits to be realized for the work hereunder and City overall, and the full amount
of expected reimbursement. Contractor shall not proceed with the procurement until written approval
by City is provided. Any such purchase shall be conducted in compliance with the terms of Exhibit A
Purchase and Management of Property and Equipment, incorporated herein by this reference.
20. Confidentiality. During the course of performance hereunder, Contractor or its agent, employees, or
contractors, may receive confidential information. Contractor agrees to use reasonable and industry
standard efforts to maintain the confidentiality of such information and to inform each agent and
employee performing services of the confidentiality obligation that pertains to such information.
20.1. Additional Provisions. Contractor must comply with the terms and conditions in the
followed addenda, incorporated by reference, in the receipt and handling of confidential
information:
0 Protected Information Addenda
❑ Business Associate Agreement (HIIPA Compliance) Addenda
21. Waiver. Failure of City to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by City of the right to such performance in the future nor of the right to enforce any
other provision of this Agreement.
22. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented,
or amended in any manner whatsoever, without prior written approval of City. No modification of this
Agreement shall bind either party unless reduced to writing and subscribed by both parties, or
ordered by a Court.
23. Termination. The performance of work under this Agreement may be terminated by City, in whole
or in part, whenever for any reason City shall determine that such termination is in the best interest
of City. Any such termination shall be affected by delivery to the Contractor of a Notice of
Termination specifying the extent to which performance of the work under the Agreement is
terminated and the date on which such termination is effective. Upon delivery to the Contractor of a
Notice of Termination under this paragraph, the Contractor and City shall, by agreement, make an
Attachment 1, Page 8 of 22
appropriate written modification to this Agreement governing completion of portions of the
Contractor's work and payment therefore by CITY. Contractor shall receive reasonable written notice
of and a reasonable opportunity to cure any event or failure that would otherwise give rise to a for
cause termination of this Agreement by City.
24. Assignment/Subcontract. Contractor shall not assign, sell, transfer, subcontract or sublet rights,
or delegate responsibilities under this Agreement, in whole or in part, without the prior written
approval of City. No such written approval shall relieve Contractor of any obligations of this
Agreement, and any transferee or subcontractor shall be considered the agent of Contractor.
Contractor shall remain liable as between the original parties to this Agreement as if no such
assignment had occurred.
25. Compliance with All Government Regulations. Contractor shall comply with all Federal, State,
and local laws, codes, regulations, and ordinances applicable to the work performed under this
Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall
be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Contractor. This section includes, but is not limited
to, compliance with all applicable requirements of Federal and State civil rights statutes, rules, and
regulations, and all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC
Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973. This section also includes
all applicable requirements listed in Exhibit B Federal Requirements and Certifications for SHSP
Grant, incorporated herein by this reference, as required under the SHSP grant received by City
from OEM.
26. Attorney Fees. Except for defense costs and expenses pursuant to section 12, neither City nor
Contractor is entitled to recover attorney's fees, court and investigative costs, or any other fees or
expenses associated with pursuing a remedy for damages arising out of or relating to this Contract.
27. Construction of Agreement. This Contract shall not be construed more favorably to City due to
the preparation of this Contract by City. The headings and subheadings in this Contract are for
convenience, do not form a part of this Contract, and shall not be used in construing this Contract.
28. Entire Agreement. This Agreement signed by both parties is the parties' final and entire
Agreement and supersedes all prior and contemporaneous oral or written communications between
the parties, their agents, and representatives. There are no representations, promises, terms,
conditions, or obligations other than those contained herein.
CITY OF SPRINGFIELD:
By:
Name:
Title:
Title: Date: Date:
CONTRACTOR:
By:
Name:
City of Springfield Public Contract Addendum
Required Contract Terms Under ORS 279B — Goods, Services, and Personal Services
Pursuant to Oregon law, this public contract includes the following terms and conditions, when applicable:
1. The contractor must make payment promptly, as due, to all persons supplying to the contractor labor or material for
the performance of the work provided for in the contract. ORS 2796.220(1).
Attachment 1, Page 9 of 22
2. The contractor must pay all contributions or amounts due the Industrial Accident Fund from the contractor or
subcontractor incurred in the performance of the contract. ORS 279B.220(2).
3. That contractor must not permit any lien or claim to be filed or prosecuted against the state or a county, school
district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.
ORS 279B.220(3).
4. The contractor must pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS
279B.220(4).
5. If the agreement is for lawn and landscape maintenance, Contractor must salvage, recycle, compost or mulch yard
waste material at an approved site, if feasible and cost-effective. ORS 279B.225.
The contractor must promptly, as due, make payment to any person, co -partnership, association or corporation
furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or
injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all
moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or
agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017.
ORS 27913.230.
7. A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases
of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of
contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half
pay:
a. For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five
consecutive days; or
b. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and
c. For all work performed on Saturday and on any legal holiday specified in ORS 27913.020.
8. An employer must give notice in writing to employees who work on a public contract, either at the time of hire or
before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the
number of hours per day and days per week that the employees may be required to work. ORS 279B.235(1)-(2).
9. If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at
least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under
personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from
receiving overtime. ORS 279B.235(3).
10. If the contract is for services, persons employed under contracts shall receive at least time and half pay for work
performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and
for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is
greater. Contractor shall give notice in writing to employees who work on a contract for services, either at the time
of hire or before commencement of work on the contract, or by posting a notice in a location frequented by
employees, of the number hours per day and days per week that the employees may be required to work. ORS
279B.235(5).
City of Springfield Public Contract Addendum
Protected Information
Attachment 1, Page 10 of 22
1. ""Protected Information" shall be defined as data or information that has been designated as private or
confidential by law or by the City. Protected Information includes, but is not limited to, employment records,
medical records, personal financial records (or other personally identifiable information), trade secrets, and classified
government information. To the extent there is any uncertainty as to whether any data constitutes Protected
Information, the data in question shall be treated as Protected Information until a determination is made by the
City or proper legal authority.
2. Data Confidentiality. Independent Contractor shall implement appropriate measures designed to ensure the
confidentiality and security of Protected Information, protect against any anticipated hazards or threats to the
integrity or security of such information, protect against unauthorized access or disclosure of information, and
prevent any other action of unauthorized disclosure that could result in substantial harm to the City or an individual
identified with the data or information in Independent Contractor's custody or access.
3. Data and Network Security. Independent Contractor agrees at all times to maintain commercially reasonable
network security that, at a minimum, includes: network firewall provisioning, intrusion detection/prevention and
periodic third party penetration testing. Likewise, Independent Contractor agrees to maintain network security that
at a minimum conforms to current standards set forth and maintained by the National Institute of Standards and
Technology, including those at: http://checklists.nist.gov/repository. Independent Contractor agrees to protect and
maintain the security of data with protection security measures that include maintaining secure environments that
are patched and up to date with all appropriate security updates as designated by a relevant authority.
4. Security Breach. In the event of a security breach of data owned or developed by the City, Independent
Contractor will notify the City IT Director without unreasonable delay and in no case later than 30 days after
discovery of the breach or incident. Independent Contractor will be responsible for all remedial action necessary to
correct the breach; provided however, that Independent Contractor will not undertake ligation on behalf of the City
without prior written consent.
5. Data Storage and Backup. Independent Contractor agrees that any and all City data will be stored, processed,
and maintained solely on designated servers and that no City data at any time will be processed on or transferred to
any portable or laptop computing device or any portable storage medium, unless that storage medium is in use as
part of the Independent Contractor's designated backup and recovery processes. All servers, storage, backups, and
network paths utilized in the delivery of the service shall be contained within the states, districts, and territories of
the United States unless specifically agreed to in writing by a City officer with designated data, security, or signature
authority. An appropriate officer with the necessary authority can be identified by the City Information Security
Officer for any general or specific case.
Independent Contractor agrees to store all City backup data stored as part of its backup and recovery processes in
encrypted form, using no less than AES 256.
6. Data Re -Use. Independent Contractor agrees that any and all Customer data exchanged shall be used expressly
and solely for the purposes enumerated in the Agreement. Customer data shall not be distributed, repurposed, or
shared across other applications, environments, or business units of Independent Contractor. Independent
Contractor further agrees that no Customer data of any kind shall be revealed, transmitted, exchanged, or otherwise
passed to other Independent Contractor or interested parties except on a case-by-case basis as specifically agreed
to in writing by a City officer with designated data, security, or signature authority.
7. PCI Compliance. Not Used.
Attachment 1, Page 11 of 22
S. End of Agreement Data Handling. Independent Contractor agrees that upon termination of this Agreement it
shall erase, destroy, and render unreadable all City data in its entirety in a manner that prevents its physical
reconstruction through the use of commonly available file restoration utilities, and certify in writing that these
actions have been completed within 30 days of the termination of this Agreement or within 7 days of the request of
an agent of City whichever shall come first.
9. Mandatory Disclosure of Protected Information. If Independent Contractor becomes compelled by law or
regulation (including securities' laws) to disclose any Protected Information, Independent Contractor will provide City
with prompt written notice so that City may seek an appropriate protective order or other remedy. If a remedy
acceptable to City is not obtained by the date that Independent Contractor must comply with the request,
Independent Contractor will furnish only that portion of the Protected Information that it is legally required to
furnish, and the Independent Contractor shall require any recipient of the Protected Information to exercise
commercially reasonable efforts to keep the Protected Information confidential.
10. Remedies for Disclosure of Confidential Information. Independent Contractor and City acknowledge that
unauthorized disclosure or use of the Protected Information may irreparably damage City in such a way that
adequate compensation could not be obtained from damages in an action at law. Accordingly, the actual or
threatened unauthorized disclosure or use of any Protected Information shall give City the right to seek injunctive
relief restraining such unauthorized disclosure or use, in addition to any other remedy otherwise available (including
reasonable attorneys' fees). Independent Contractor hereby waives the posting of a bond with respect to any
action for injunctive relief. Independent Contractor further grants City the right, but not the obligation, to enforce
these provisions in Independent Contractor's name against any of Independent Contractor's employees, officers,
board members, owners, representatives, agents, contractors, and subcontractors violating the above provisions.
11. Non -Disclosure. Independent Contractor is permitted to disclose Confidential Information to its employees,
authorized subcontractors, agents, consultants, and auditors on a need to know basis only, provided that Contractor
shall be responsible for, and shall hold the City harmless from, the acts or omissions of such persons.
12. Criminal Background Check. City shall perform criminal background checks on all talent assigned to this project
before a person is allowed to work on any of the City's Criminal Justice Information System (CJIS) protected data,
software systems or facilities. For access to any area where CJI information is stored or transmitted Independent
Contractor's employees shall possess Level 4 certification.
13. Survival. The confidentiality obligations shall survive termination of any agreement with Independent Contractor
for a period of ten (10) years or for so long as the information remains confidential, whichever is longer and will
inure to the benefit of City.
EXHIBIT "A"
Purchase and Management of Property and Equipment
Contractor agrees to comply with all applicable federal requirements referenced in Exhibit B to this Agreement, and to the
extent Contractor purchases equipment pursuant to Section 19 of this Agreement, procedures for managing and
maintaining records of all purchases of such property and equipment will, at a minimum, meet the following
requirements:
1. All property and equipment purchased under this agreement by Contractor, will be conducted in a manner
providing full and open competition and in accordance with all applicable procurement requirements, including
without limitation ORS chapters 279A, 27913, 279C, and purchases shall be recorded and maintained in
Contractor's property or equipment inventory system.
Attachment 1, Page 12 of 22
2. Contractor's property and equipment records shall include: a description of the property or equipment; the
manufacturer's serial number, model number, or other identification number; the source of the property or
equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; name of person or entity
holding title to the property or equipment; the acquisition date; cost and percentage of Federal participation in
the cost; the location, use and condition of the property or equipment; and any ultimate disposition data
including the date of disposal and sale price of the property or equipment.
3. A physical inventory of the property and equipment must be taken, and the results reconciled with the property
and equipment records at least once every two years.
4. Contractor must develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the
property and equipment. Contractor shall investigate any loss, damage, or theft and shall provide the results of
the investigation to City upon request.
5. Contractor must develop adequate maintenance procedures to keep the property and equipment in good
condition.
6. If Contractor is authorized to sell the property or equipment, proper sales procedures must be established to
ensure the highest possible return.
7. Contractor agrees to comply with 2 CFR 200.313 pertaining to use and disposal of equipment purchased with
Grant Funds, including when original or replacement equipment acquired with Grant Funds is no longer needed
for the original project or program or for other activities currently or previously supported by a federal agency.
8. Contractor shall require its subcontractors to use property and equipment management requirements that meet
or exceed the requirements provided herein applicable to all property and equipment purchased with Grant
Funds.
9. Contractor shall, and shall require its subcontractors to, retain the records described in this Exhibit for a period of
six years from the date of the disposition or replacement or transfer at the discretion of OEM. Title to all property
and equipment purchased with Grant Funds shall vest in City for its use of the property and equipment for
purposes consistent with the State Homeland Security Program.
EXHIBIT "B"
Federal Requirements and
Certifications for SHSP Grant
I. General.
Contractor agrees to comply with all federal requirements applicable to this Agreement. Those federal requirements
include, without limitation, financial management and procurement requirements; requirements for maintaining
accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP); and all other
financial, administrative, and audit requirements as set forth in the most recent versions of the Code of Federal
Regulations (CFR), Department of Homeland Security (DHS) program legislation, and DHS/Federal Emergency
Management Agency (FEMA) program regulations and requirements.
1 - Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, City
and Contractor must ensure that all conference, meeting, convention, or training space funded in whole or in
part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention
and Control Act of 1974, (codified as amended at 15 U.S.C. section 2225.)
2 - Fly America Act of 1974
Contractor must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49
U.S.C. section 41102) for international air transportation of people and property to the extent that such
Attachment 1, Page 13 of 22
service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of
1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XXXVI -
Reporting of Matters Related to Recipient Integrity and Performance. If the total value of any currently active
grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of this federal award, then City must
comply with the requirements set forth in the government -wide Award Term and Condition for Recipient
Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
3 - Lobbying Prohibitions
Contractor must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a
federal financial assistance award may be expended by City to pay any person to influence, or attempt to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with any federal action related to a federal award or
contract, including any extension, continuation, renewal, amendment, or modification.
4 - False Claims Act and Program Fraud Civil Remedies
Contractor must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which
prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C.
sections 3801-3812, which details the administrative remedies for false claims and statements made.)
5 - Federal Debt Status
Contractor must be non -delinquent in their repayment of any federal debt. Examples of relevant debt include
delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
6 - Nondiscrimination in Matters Pertaining to Faith -Based Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs
administered or supported by DHS or its component agencies, enabling those organizations to participate in
providing important social services to beneficiaries. Contractor must comply with the equal treatment policies
and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance
governing the participations of faith -based organizations in individual DHS programs.
7 - Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by Contractor, or its subcontractors, is no
longer needed for the original project or program or for other activities currently or previously supported by a
federal awarding agency, Contractor or subcontractor must request instructions from FEMA to make proper
disposition of the equipment pursuant to 2 C.F.R. section 200.313.
8 - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX
Contractor must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-
318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the
United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any educational program or activity receiving federal financial assistance.
DHS implementing regulations are codified at C.F.R. Part 17 and 44 C.F.R. Part 19.
9 — Copyright
Contractor must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced
under federal financial assistance awards.
Attachment 1, Page 14 of 22
10 - Use of DHS Seal, Logo, and Flags
Contractor must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard
seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
11 - Whistleblower Protection Act
City and Contractor must comply with the statutory requirements for whistleblower protections (if applicable)
at 10 U.S.0 section 2409.
II Other Applicable Federal Regulations
1 - Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Contractor must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.)
prohibition against discrimination on the basis of national origin, which requires that City as a recipient of
federal financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. For additional assistance and information regarding
language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidancepublished-helpdepartment-supported-organizations-provide-meaningfulaccess-
peoplelimited and additional resources on http://www.lepgov.
2 - Americans with Disabilities Act of 1990
Contractor must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act,
Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101- 12213), which prohibits
discriminating on the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities.
3 — SAFECOM
Contractor must comply with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
4 - Rehabilitation Act of 1973
Contractor must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-
112 (1973), (codified as amended at 29 U.S.C. section 794,) which provides that no otherwise qualified
handicapped individuals in the United States will, solely by reason of the handicap, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
5 - National Environmental Policy Act
Contractor must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA),
Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on
Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require
federal grant recipients to use all practicable means within their authority, and consistent with other essential
considerations of national policy, to create and maintain conditions under which people and nature can exist
in productive harmony and fulfill the social, economic, and other needs of present and future generations of
Americans.
6 - Acknowledgement of Federal Funding from DHS
Contractor must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part
with federal funds.
Attachment 1, Page 15 of 22
7 - USA PATRIOT Act of 2001
Contractor must comply with requirements of Section 817 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT
Act), Pub. L. No. 107-56, which amends 18 U.S.C. sections 175-175c.
8 - Age Discrimination Act of 1975
Contractor must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135
(1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on
the basis of age in any program or activity receiving federal financial assistance.
9 - Civil Rights Act of 1964 - Title VI
Contractor must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as
amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial assistance. DHS
implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
10 - Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity
(NOFO) for this program are incorporated here by reference in the award terms and conditions. All grant
recipients must comply with any such requirements set forth in the program NOFO.
11 - Trafficking Victims Protection Act of 2000 (NPA)
Contractor must comply with the requirements of the government -wide financial assistance award term
which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as
amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of
which is incorporated here by reference.
12- Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been
made, including changes to period of performance or terms and conditions, City will notify Contractor of the
changes in writing. Once notification has been made, any subsequent request for funds will indicate
Contractor acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646
or via e-mail to ASKGMD@fema.dhs.gov if you have any questions.
13 - Drug -Free Workplace Regulations
Contractor must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the
Contractor is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2
C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. sections
81018106).
14 - Federal Leadership on Reducing Text Messaging while Driving
Contractor is encouraged to adopt and enforce policies that ban text messaging while driving as described in
E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official
government business or when performing any work for or on behalf of the federal government.
15 - Best Practices for Collection and Use of Personally Identifiable Information
In the event Contractor collects or intends to collect personally identifiable information (PII), Contractor
shall notify City in writing and shall adhere to City's privacy policy that describes standards on the usage and
maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an
individual to be directly or indirectly inferred, including any information that is linked or linkable to that
Attachment 1, Page 16 of 22
individual. City and Contractor may also find the DHS Privacy Impact Assessments: Privacy Guidance at
http://www.dhs.gov/xlibrary/assets/privacy/privacy pia guidance june2010pdf and Privacy Template at
https://www.dhs.gov/sites/default/files/publications/privacy pia template2017.pdf as useful resources
respectively.
16 - Civil Rights Act of 1968
Contractor must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through
Pub. L. 113-4, which prohibits federal grant recipients from discriminating in the sale, rental, financing, and
advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color,
national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as
implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The
prohibition on disability discrimination includes the requirement that new multifamily housing with four or
more dwelling units-i.e., the public and common use areas and individual apartment units (all units in
buildings with elevators and ground floor units in buildings without elevators) -be designed and constructed
with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
17- Debarment and Suspension
Contractor is subject to the non -procurement debarment and suspension regulations implementing
Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R.
Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with
certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance programs or activities.
18 - Activities Conducted Abroad
Contractor must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
19- Energy Policy and Conservation Act
Contractor must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163
(1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
20 - Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid
Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and
Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition.
Attachment 1, Page 17 of 22
City of Springfield - Contract #C3256 42nd Street Levee EAP
Attachment 1 - Statement of Work
DETAILED WORK PLAN
There are two prima ry sources of flooding within the City of
Springfield:
1_ Riverina flooding from the Middle Fork of the
Will a matte River and the McKenzie River; 2 n
2_ Local stormwater drainage systems I neluding small
creeks and sloughs_
The &cape of this proJe€t focuses on the M€Kem le River
and the asso6ated flood rlsk with respect to the 42nd St_
levee system and development of an emergency action
plan should the Integrity of the levee be compromised_
The fol lowing work plan includes the sequence of
activities to be undertaken and specific tasks and
deliverables withln each activity_
1_ Project Management
HDR will manage the prnje€t scope, s€heduler and budget_
HDRwl11 perform project management responsibilities
including staff and dellverable management, client
coordination, s€hedulingr proJeet setup, accounting and
invoieing, and Internal team €oordlnatlon_ HDR will
provide the foilowing-.
1.1 General
Perform project management responslbl lilies Including
staff and delhrerabie management, client eoordinatlon,
project setup, and Internal eoordlnatlon_
1.2 Monthly Reporting
HDR will provkie monthly progress reports, Invokes, and
budget updates_
1.3 Project Schedule
HDR will update the project schedule_ The schedule of
meetings will be updated as needed based on City staff and
other stakeholder availability. The expected start date Is
the week of Jan uary 20, 2023 and is targeted for
completion by August 31, 2423.
JLA Project Coordination Meetings
H DR wl II attend a project kick off meeting once the notice
to proceed is Issued to review the scope and schedule, and
SIX virtual project status meetings as shown in the project
schedule.
Assumptiom.
* Project duration extends from January 24, 2423 to
August 31, 2423.
* Except as specified otherwlse, meetings will be
eondu€ted virtually_
Deliverables;
* Mon th ly progress reports, inV10ioeS, and budget
updates_ (eight tats I)
* Project schedule and up to two updates as needed.
2. Whole Community/Stakzholder Engagement
conduct the planning process utilizing FEMA methodology —The planning
process will utilize the methodology of FEMAJs tomprehensiYe Planning
Guide(tPci) 141 (September 2j421) and include wholeaammunity
stakeholders representing the diverse derrwgraphir, social, ecanomic,
community, and governmenta I interests within the area protected Gy the
Und Street levee_
2.1 Flood Risk [haracterfxatlon
characterizing flood risk through Iewee breach simulations will help
quantify the flaad risk to critical facilities and services and Mital
i nfrastructu re includ ing the levee, power substations. pu mp stations
bridge, etc_ It will also help identify necessary road dosu res and
evacuation routes.
This to€hnlcal Information will also he helpful in developing
the EAP and when communlcatingwlththe public
and stakeholders_
HDR will use fleld survey data provided by the City of
Springflaid and hlgh-resolutlon LI DAR available from
Oregon Department of Geology and Mineral Industries
(DOGAMI) to develop a hydraulic model IFIEC-RAS) of
the MacKenzie River and the breach area. HDR will
compute strea m profiles on the MrK@nzie River and
s Imulate two levee breaches (one north of SH 126 and
one south of SH 126) to dellneat,e the law -risk and he-
rksk zones based on depth and veloclty_ FEMA Flow
rates will be used In this analysis.
HDR will establlsh notification triggers for when the
levee Is threatened based an the hydraull€ model of
the McKenzie River. HDR will correlate eritleal flood
stages at gages an the MeK @nzie River i USGS gage
14152500 neo r Vida) to critical elevatlons on the
levee such as the tae of levee, elevations identified
through the levee assessment described below and
minimum top of levee_
2.2 Vulnerability Assessment
Following FEMA's Community Llfellne categories,
the vulnerability assessment will include review of
facllltles and seryl€es, the levee, utllities, and
transportation systems (and Identify thal r
owners)r compiled in a GIS database and cross
referenced with the Flood risk characterization_
This assessment will also help Identify other risk
areas of concern as well. For exam pie, areas that
may not be prone to flooding but have restrikted
across and cut off from emergency services_
a. HDR will eva luate the levee system to establksh the
areas or locations along the levee where there I&
potentlal for a breads or overtopping, I nformatio n
would be used to Identify site-specific conditions that
might result In a flood emergency. This effort includes:
- Review avallabledesign and construetioninformatlon_
- Review available levee Inspectlon reports.
- Develop a levee inspectlon plan.
Attachment 1, Page 18 of 22
City of Springfield - Contract #C3256 42nd Street Levee EAP
Attachment 1 - Statement of Work
■ Visual inspection oFthe levee using general
procedures developed by the USAIE (EC: ilt0-
2-1913 "Design and Construction of Levees") for
the periodic inspections of levees to evaluate
the nand ition of the levee and identify+ areas of
noncompliance_ Sites of concern will be marked
with a stake in the field to allow for location by
City survey Brew_ General levee condition and
areas of concern photographs will be taken-
- A su mmary report wl II be prepared to
document the findings of the inspection_
h. HDR will identify facilities and services {and owners}
in the area such as Industrial sites with possible
contaminantsr schools emergency su pport (pal Ice,
hnsPltal, fire Army National Guard, etc) and aom pile
a list of sta keholders.
e_ HDR will identify -critical Infrastructure (and owners;
lneludIng- Water and wastewater pump &tatlorts,
FWEB river intake, paver substatiOns, etc.
d. HDR will identify transportation systems and
networks (and owners) Including park trails,
railroads, bus routes, streets and highways, etc_ HDR
wilt also Identify systems and networks that are likely
to be disrupted during an emergency and develop
evacuation routes ba sed the City's current
evacuation guidance.
2.3 public Involvement and Communication Plan
The public involvement and c4mmunicatlons plan Is a
strategy document and commun Ications tool_ It sets a
vision and develops a path far stakeholders t❑ follow as
they partner with the community through planning
designr and implementation of theta bletop exercise. It
includes receiving Input from the community and sending
messages out. The plan will occu r In two parts-
a_Researeh and Development iSoclal Listening]
HDR will use social listening tools to gather and track
community understanding Of risk and risk
perceptions Including community stakeholders
representing the diverse demographic, nodal,
economic, community, and governmental interest
with the protected area_
b. Public Involvement and Communication Plan
Based on the ch aracterizatlon of the flood rlskr
vulnerability assessments and social Ilsteningr HDR
Will identify goals and abjeetivesr and discuss
scene rlos to be used In the exerclser potential risks,
communleatlon tools avallabler key stakeholders
i Lane County, PGIicer Fire, F VVE B], and any knowledge
gaps_
c_ Tabletop Exercise Support
HDR Will' Provide strategic support for the
development of the tabletop exercise_ This Includes
partielpating in planning calls and Fevlewing the table
top exerclse plan and any supporting materials_
Assumptions:
■ The flood risk charaeterir_ation Is not a detailed study and is
only i ntended to generally define the risk zone_
■ Th Is effort does not Include updating the effective FEMA
hyd rology (flow rates)_
■ A detailed study of the effects of c limate change In this
watershed Is not Included in this analysis.
■ The range of flaws used in this analysts for "overtopping'
breach slmulatlons Include- FEMA. 100 -year and SOO-year
pi us an adjustment to the FEMA. 1130 -year to reflect
posslble changes In climatology.
■ Estimates for cha nges I n el Imatol ogy will be based on a
review of historical stream gage records and other
available studies to estimate trends In climatology In the
revon .
■ Breach simulations are limited to overtopping events from
the events Identified and does not include seepage
simu Rations or other erosion conditions_
■ No new borings or data collection beyond what Is
described will be conducted as part of the levee
assessment_ No detaHed seepage or stability analysts of
the levee is included_
■ H 0 R wll I prepa re an initial Ilst of facilities a nd services,
critical Infrastructure and transportation systems and
networks (and owners), and review with City for final input
and acceptance_
■ Socia I llstenl ng exercise will be li mited to the d urarlon
shown In the schedule.
■ Thepubllc Involvement and comm unieation plan will be
reviewed in ane project coordination rneeting prior to
finalizing_
■ Tablerop exercise support is limited to coincide with 2
meetings/conferences as required by the City_
l]+eflverabRes:
■ Levee breach slmulatlons used to characterize flood risk
■
Land- use based GI S database of stakeholders
Demographic analysls and soclaI IlstenIng outcomes
■ Prepare for a nd facllltate -up to three meetings with key
stakeholders as part of the saclaI Ilstenling
■ Public Involvement and communications plan
Attachment 1, Page 19 of 22
City of Springfield - Contract #C3256 42nd Street Levee EAP
Attachment 1 - Statement of Work
3_ Emergency Action Plan
Development/
Editing/Publishing
The Levee EAP will be incorpora ted Into the
Eugene-SpringfleldMultl-lurlsdlctianaI Emergency
Operat Ions Plan as a new Incident Annex.
Therefore, the plan development process, draft
documents and final documents, shall he
considered exam pt from publlcdlsclosure
pursuant to ORS 192.345 i 18) to the extent sa Id
process or documents contain operstlonaI
information whlchcould endanger -aim individual's
Ilfe or public safety_ The E mergency Action Plan
will address applicable sections of,
* U.S_ Army Corps of Engineers (LISACE)
Engineering Clrcular {EC} No_ 1110. 2.6475
INUNDATION MIAPSAMD EMERGENCY ACTION
PLANSAND INCIDENT MANAGEMENT FOR
CAMS AND LEVEE SYSTEMS (October 1r 2020),
and
USACf Levee Owner's Manual for Non -Federal
Flood Control Works i March 2006); and
* Current edition of the Community Rating
System ;CRS) Activity 610 — Flood Warning and
Response and Activity 620 — Levees for the
Natlonal Flood Insurance Program (NFIP), and
* Cybersecurity and Infrastructure Security
Agency KISA) Dams Sector Gists Management
Handbook (Ju lyr 2021).
3.1 Draft Emergency Action Plan
HDR wlll prepare a draft EAP that summarizes the
results of task 2-
3.2 Final Emergency Acticn Plan
HID R will prepare a final EAP that reflects the
results of the tabletop exerelse and the
im provement plan provided by the City_
Assumptions:
• Response proved ure will be developed and
provided by the City_ City will provide fi na I
contact information for the notification
flowchart/distribution list based on results of
Task 2.0.
* City wl II provide preferred
outline{template_
• EAP will include approximately 25.50 pages
of text and figures, notification flow cha rts
and hazard area maps.
Deliverables:
■ Draft and Final 42nd Street Levee EAP
formatted as For Official Use Only (FOLIO). The
EAP wl II be included man Incident Annex to
the Eugene-Spring5ald Multl-jurlsdlctionaI
Emergency Operations Wan —one pa per copy,
one digltal copy In tallCrosoft Office Elle{s)r and
one digltal printer -ready copy.
■ A summary document of the plan suitable for public
disclosu re — one paper copyr one digltal copy in
Microsoft Office fiie(s), and one digltal printer -ready
copy.
City of Springfield Respon si bi I iti es
The City will be res ponsible for the following,.
■ ProvldIng astaff Project Leader, who will be
Springfield's primary polnt of contact with the
consultant team_
■ Provld I ng a Project Core Team conslsting of key staff.
■ ProvldInga list ofpctential ea mm unity stakeholders to
Invite to pa rticlpate in the project.
■ ProvldIngcoplesof@Astingstud lesrplans, maps, and
other relevant data_
■ Provld I ng field survey as needed for the hyd ra uiic
analysis (2.1) and levee (2.2(a))_
• Providing access to applicable City flies and records_
■ Develop, conduct, and evaluate, consistent with the
methodology of the Homeland Security Exercise
Eva luatlon Program (HSE EP), a tabletop exerclise to
validate and improve the EAP
4, Contract Points of ConUct
Ken Vogeney, PE
Emergency Manager
kvogeney@sprl ngfield-or_gov
541.736.1026
Halt Prm*a Mirn"w
Brian Reis, PE
Project Manager
Brian_Rels@ hdrinc_com
512.519.2301
5. Ptopd Budget
Not to exceed $150,000.
6. Fee Schedule
See Attachment 2_
Attachment 1, Page 20 of 22
Level of Effort
HDR Engineering
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Billable Rates
$333.04
$288.88
$324.36
$249.98
$199.65
$240.77
$125.07
$179.69
$258.16
$228.56
$172.10
$198.76
$253.84
$253.87
$158.00
$105.70
$203.38
Task Description
Task 001 Project Management & Meetings
1.1
Project Management
6
16
22
$ 6,620
$
$ 6,620
1.1
Project Setup
1
4
2
2
9
$ 2,107
$
$ 2,107
1.2
Monthly Invoicing
8
20
28
$ 6,379
$
$ 6,379
1.1
Project Closeout
8
2
2
12
$ 2,929
$
$ 2,929
1.1
PARR, 0%, and Project Reviews
2
2
2
2
2
10
$ 2,301
$
$ 2,301
1.4
Client Meetings (6 virtual)
12
12
$ 3,467
$
$ 3,467
1.1
Team Meetings
8
8
$ 2,311
$
$ 2,311
1.4
Project Kick-off Meeting (1 in person meeting)
8
2
8
18
$ 4,842
$ 100
$ 4,942
1.3
Project Schedule (initial update plus 2 updates)
4
4
$ 1,156
$ -
$ 1,156
Sub -total
9
611
0
4
0
0
0
0
2
0
0
0
0
8
4
6
26
123
$ 32,110
$ 100
$ 32,210
Task 002 Whole Comm unity/Stakeholder Engagement
2.1
Flood Risk Characterization
0
$ -
$ -
$ -
a
HEC -RAS model development and breach simulations
1
8
4
72
85
$ 11,854
$
$ 11,854
b
Correlation with Flood stages on the McKenzie River
1
8
4
20
33
$ 5,351
$
$ 5,351
2.2
Vulnerability Assessment
0
$ -
$
$ -
a
Levee
1
2
48
32
83
$ 17,267
$ 150
$ 17,417
b
Facilities and Services
2
2
32
36
$ 9,198
$ -
$ 9,198
c
Infrastructure
2
4
24
30
$ 5,427
$
$ 5,427
d
Transportation
2
2
32
36
$ 7,297
$
$ 7,297
Attachment 1, Page 21 of 22
2.3
Public Involvement and Communication Plan
0
$ -
$
$
a
Research and Development (Social Listening)
2
8
12
22
$
$
$
5,655
5,655
b
Public Involvement and Communication Plan
2
8
12
4
26
$
$
$
6,287
6,287
c
Tabletop Exercise Support
4
4
8
16
$
$
$
4,202
4,202
QC Hours Only
8
12
20
$
$
$
5,595
5,595
Sub -total
0
17
8
14
8
92
8
32
48
56
32
20
32
0
0
387
$
$
$
78,133
150
78,283
Task 003 Emergency Action Plan Development/Editing/Publishing
3.1
Daft EAP
40
16
56
$
$
$
14,083
100
14,183
3.2
Final EAP and summary document
32
16
16
64
$
$
$
15,834
100
15,934
QC Hours Only
16
16
32
$
$
$
9,189
9,189
Sub -total
0
72
16
16
0
0
0
0
0
0
0
0
0
16
32
0
0
152
$
$
$
39,107
200
39,307
Hours
9
157
24
34
16
8
92
8
34
48
56
32
20
56
36
6
26
662
Fee
$2,997
$45,354
$7,785
$8,499
$3,194
$1,926
$11,506
$1,438
$8,777
$10,971
$9,638
$65360
$5,077
$14,217
$5,688
$634
$5,288
$
$
$
1495350
450
149,800
Attachment 1, Page 22 of 22
The Ask:
Springfield is seeking federal financial and technical assistance with modernizing its 42nd Street
McKenzie Levee and stabilizing the McKenzie River channel migration threatening the Levee.
The estimated project cost is $40 million.
Why this Work is Necessary:
The 42nd Street McKenzie Levee provides flood protection benefits to approximately 24,000
people, 7,500 structures, and more than $4 billion in property value in the area extending from
the McKenzie River west to 1-5 and from Centennial Boulevard north to the river. The Levee is
over 60 years old and doesn't meet current federal levee standards.
Aerial photos and field measurements show the McKenzie River near the northern end of the
Levee has migrated over 400 feet to the west between 1994 and 2022, leaving about 140 feet
between the toe of the Levee and the westerly riverbank. Continued westerly river migration
will make the 42nd Street McKenzie Levee increasingly susceptible to erosion damage and
subsequent failure.
Project At -a -Glance:
• The 42nd Street McKenzie Levee in Springfield is critical for protecting over 35% of the
City's population and land area from flooding. This area includes six schools, three fire
stations, and federal and state offices, including the Oregon National Guard Armory.
• The Levee, owned and operated by the City of Springfield, was completed in 1960 by the
Soil Conservation Service along the west bank of the McKenzie River.
Attachment 2, Page 1 of 7
• The Levee is about 0.98 miles long with an average height of 6.5 feet and a maximum height
of 8 feet.
• The Levee is over 60 years old and in need of maintenance and improvements to meet
federal levee standards.
• Ongoing westward migration of the McKenzie River channel will cause substantial damage to or
failure of the Levee within the next several years if left unchecked.
• The largest flood event since construction occurred in December 1964 and was slightly less than a
100year flood. Media reports stated the flood water reached within 6 -inches of the top of the
Levee.
• Springfield is seeking federal assistance with modernizing the Levee and stabilizing the channel
migration threatening the Levee. The estimated total project cost is $40 million.
Recent Project Activities & Timeline:
2017 Jan. 2019 2019 Sept. 2020
National Flood Insurance Program The City was notified by FEMA that they were preparing
updated Flood Insurance Rate Maps for the McKenzie River. As part of this process, the City will
need to provide certification and accreditation that the Levee meets current federal standards
for flood control levees. If unable to meet these standards, the area shown on the map below
as "potential area of inundation" will be designated as 100 -year flood plain. The current
floodplain maps designate less than 0.5% of the area as flood plain.
See insert for larger scale versions of each map shown in this handout.
Attachment 2, Page 2 of 7
The City subsequently identified that the elevation of the top of the Levee is too low to meet
the federal standards for levee freeboard. Based upon this information and the current lack of
available data to certify the structural integrity of the Levee, the City requested FEMA to place a
Levee Seclusion Zone on its updated maps to provide time for the City to conduct the necessary
studies and improvements to accredit the Levee as a flood control structure. FEMA sent
preliminary maps showing the seclusion zone to the City in January 2022 and posted them for
public review.
McKenzie River Channel Migration Monitoring The City initiated monthly monitoring during
the rainy season of the west riverbank in January 2019. The monitoring shows the river is
continuing to migrate toward the Levee during higher river flows, including about 10 feet in
April 2019 and another 9 feet in January 2022.
Holiday Farm Fire
The Holiday Farm Fire burned 173,393 acres or about
25% of the McKenzie River watershed east of Springfield. Post -fire assessments by federal
agencies show the watershed runoff characteristics were significantly changed by the fire. The
agencies estimated the burned area may generate 50% or more additional runoff from
precipitation. Since nearly all the burned area is downstream of the flood control dams in the
watershed, this increased runoff is expected to produce higher river flows with a greater risk of
flooding. The City expects when these increased flows happen, they will accelerate the channel
migration at the Levee as well as increase the risk for the levee overtopping. See the map to the
right for the Holiday Farm Fire perimeter.
U.S. Army Corps of Engineers Inventory & Review The USACE Seattle District conducted an
Inventory & Review assessment of the 42nd Street Levee system in 2019. The Levee has a
moderate level of risk because of the "(I)ikelihood of inundation due to breach and/or system
component malfunction in combination with loss of life, economic, or environmental
consequences."
Attachment 2, Page 3 of 7
Dec.2O2O 2021 Nov. 2021 Upcoming
Water Resources Development Act (WRDA) Senator Merkley included authorization in WRDA
to the US Army Corps of Engineers (USACE) to proceed with an expedited Section 205
Feasibility Study and project development for the Levee. In addition, the City requested Section
205 assistance in August 2020 from USACE for "developing and implementing a comprehensive
project plan to stabilize the channel migration and to rehabilitate and improve the Levee." At
this time, USACE has not initiated the work due to insufficient program funding.
Flood Flight Supplies
The City purchased an additional 20,000 sandbags and is currently seeking bids for about 2,800
feet of rapidly deployable portable flood barriers.
HOMAY FARM FIRE VICINITY .,
Ocrrxrx2020
f
Levee Emergency Action Plan
Springfield partnered with Lane County in November 2021 to begin developing an Emergency
Action Plan for the Levee using FY21 State Homeland Security Program (SHSP) grant funds. The
project will include community stakeholder involvement and a tabletop exercise on the final
plan. The City will lead the effort with support from the County.
Attachment 2, Page 4 of 7
North 42nd Street Area Comprehensive Project Management Plan
In addition to the 42nd Street McKenzie Levee modernization and McKenzie River channel
stabilization, Springfield and several local public agencies have a variety of other projects being
planned in the vicinity of 42nd Street, the McKenzie River, and Marcola Road. Many of these
projects are interdependent upon the scope, design, location, permitting, and/or construction
of the other projects. The City will use American Rescue Plan Act (ARPA) funds made available
through Oregon Representative John Lively to prepare a Comprehensive Project Management
Plan (CPMP) to guide the timely and cost-effective delivery of these projects. The CPMP will be
a living document guiding the efforts of the City and the community partners over the next 10
to 15 years to successfully deliver these projects to improve the resilience, aesthetics,
transportation, livability, and economic vitality of Springfield. See the back page of this booklet
for more information on the interdependent projects that will be accounted for.
Attachment 2, Page 5 of 7
Interdependent Projects:
The below projects are interdependent on the scope, design, location, permitting, and/or
construction of other projects, related to the 42nd Street McKenzie Levee:
• 42nd Street McKenzie Levee Modernization (City) - Rehabilitate and improve the Levee to
meet federal levee accreditation standards.
• McKenzie River Channel Migration Stabilization (City) - Stabilize the channel migration
while protecting and improving habitat for listed threatened and/or endangered species.
• 42nd Street Improvements (City) - Improve over a mile of 42nd Street adjacent to the
Levee with $12 million provided by the Oregon Legislature in House Bill 2017.
• Irving Slough Headgate and Culvert Replacement (City) - Replace headgate and culvert
passing through the Levee and under 42nd Street to provide water to protected wetlands
and habitat west of 42nd Street.
• Eugene Water and Electric Board (EWEB) Electric Transmission Line Relocation - Relocate
overhead electric transmission line located easterly of and parallel to the Levee through the
McKenzie Oxbow Natural Area. The McKenzie River channel migration has moved to within
about 60 feet of one of the towers providing power between EWEB's only drinking water
treatment plant for Eugene and the International Paper facility in Springfield.
• Rainbow Water District and Springfield Utility Board (SUB) Weyerhaeuser Well Field -
Rainbow Water and SUB jointly own and operate a drinking water well field along the bank
of the McKenzie River east of the Levee. Sole access to the well field for operations and
maintenance is by a gravel access road along the easterly toe of the Levee. In addition, a 24 -
inch water transmission main crosses under the Levee to bring water into the City from the
wellfield. The current condition of this main is unknown.
Willamalane Parks and Recreation District - The City granted a 99 -year lease to
Willamalane to provide and maintain passive recreation opportunities within the McKenzie
Oxbow Natural Area between the Levee and the McKenzie riverbank, including trailhead
parking and access improvements, recreation access points to the river, and McKenzie
Oxbow Natural Area habitat restoration.
Attachment 2, Page 6 of 7
Additional Planning Considerations:
• Drinking water intake for Eugene's sole drinking water source is about %-mile downstream of the
Levee.
• Long-haul fiber optic communication lines are located within and adjacent to the Levee.
• International Paper has a process water overflow line located within the Levee.
• There are protected wetlands and/or natural resource areas east of and adjacent to the Levee and
west of and adjacent to 42nd Street, including McKenzie River Natural Area, Keizer Slough, and Irving
Slough.
• The area provides essential/protected riparian habitat for state (ODFW) and federally (ESA,
NOAAFisheries, USFWS) protected species, including but not limited to spring -run Chinook salmon,
redlegged frog, and Western pond turtle.
• National Environmental Policy Act (NEPA)
Niel Laudati @ 541.726.3780 1 niaudati@springfield- or.gov
Sam Kelly- Quattrocchi @ 541.726.3713 1 skellyquattrocchi@springfield- or.gov
Attachment 2, Page 7 of 7
SPRINGFIELD
6f .V•
OREGON