before the board of county commissioners forjosephine county wbs documents.pdf · before the board...

Before the Board of County CommissionersforJosephine County

STATE OF OREGON

In the Matter ofProclaiming the

Month ofFebruary 2012 as

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6% fle/'ea6, The people of Josephine County love their dogs and cats; and

6lifte/tead, Hard economic times are now forcing families in our County to give up theirbeloved pets, thus increasing the number of homeless dogs and cats; and

C%lfte/'Pad, The 1st annual international event, " World Spay Day" will occur on

February 28, 2012 and communities throughout America will participate bypromoting spay/ neuter of dogs and cats in many creative ways; and

6li leead, There will be low cost spay/ neuter surgeries offered to the citizens ofJosephine County during the month of February, funded by local animalwelfare non-profits and by local veterinarians.

Yle °' 6 e46% that the Josephine County Board of

Commissioners does hereby proclaim the Month of February 2012, as FIX YOUR PET

MONTH and encourage all citizens to spay/neuter their pets, contribute to the efforts of

humane organizations involved in spay/neuter efforts and thereby join thousands of otherAmericans in this worthy effort.

1 one andCet tftkd 22ndNPoy9e'W4m€147, 20/ 2

JOSePHINX COUN7Y WAND OF CObIM SSfcWFJ S

Simon G. Hare, Chair

Don Reedy, Vice Chair Harold Haugen, Commissioner

isOp Josephine County, Oregon

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AWN: z Finance DepartmentJosephine County Courthouseate**.._ -°-:*** q

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500 NW6th

Street, Dept 4 / Grants Pass OR 97526z'iZ`• 541) 474- 5255 / FAX (541) 474- 5258 / TTY (800) 735- 2900

February 17, 2012

To: Board of County Commissioners

From: Rosemary Padgett, CFO/Budget Officer

Re: Internal Service Funds— Budget FY 2012- 2013r

Indirect costs that are considered centralized services of the Ciunty have been established in the budget asInternal Service Funds ( ISF). The cost is allocated for all operational Funds on a percent of budget based ontheir personal services and materials and services categories. The expenditure is shown as a transfer under

the category " Transfers" at the Fund level and as a revenue source under" Resources" in the ISF Fund. Eachfiscal year the Board of Commissioners determines the percentage to be charged. Once approved in thebudget, the charge is set for the fiscal year.

The County approved an increase from 8. 5% to 9. 25% for FY 2011- 12. As operational budgets continue todecline, the percentage would increase, even if ISF budgets remain the same year after year. 9.25% of budgetfor FY 2011- 12 would now require 10. 45% to generate the same revenue for FY 2012- 13. With the addedloss of Public Safety funding, ISF is looking at a 23% decrease in revenues or approximately $ 900,000.

I am requesting an increase of the ISF rate from 9. 25% to 10%. This will generate approximately $ 195, 000.

Other reductions in ISF departments will still need to be made to balance the budget. Once the rate is set, itwill be built into each Fund based on their budgeted operational expenditures. The Board will then do a finalreview of the ISF budgets to insure that revenues cover expenditures.

Attached are individual break downs of the Departments utilizing internal services and the proposedallocation cost to each operating Fund based on that percentage level. It also includes the individualDepartment insurance savings showing the " net" cost for each Department.

Recommendation: Approve ISF rate of 10% for FY 2012- 13.

Attachment: ISF budget Allocation ScheduleFY 2012- 13 Insurance Schedule

FY 2011- 12 Insurance Schedule

JOSEPHINE COUNTY 0ISF BUDGET ALLOCATION SCHEDULE

2011- 12 and 2012- 13

Feb 13, 2012)

y

Public Safety Options

No Funding

2012- 13 ISF ISF ISF Reduced Net

Fund Projected 9. 25% 10. 00% Difference Insurance Cost

No Funding Rounded Rounded per Dept per Dept per Dept

Operating Funds:100 General 3, 854,800 $ 356,600 $ 385,500 $ 28,900 $ ( 4,640) $ 24, 260

201 Public Works 6,442,900 596, 000 644,300 48,300 ( 25, 012) 23, 288

240 Public Safety-Sheriff* 4, 410,850 408, 000 441, 100 33, 100 ( 223, 888) ( 190,788)

240 Public Safety-DA-4' 1, 053,700 97,500 105,400 7,900 500) 7;400

240 Public Safety-Juvenile* 677,640 62,700 67,800 5, 100 7,452)• ( 2, 352)

255 Public Health 2,353, 300 217,700 235,300 17,600 6,494) 11, 106

250 Mental Health ( A&D) 176,700 16,300 17, 700 1, 400 1, 400

202 Public Works Special Prog. 87,000 8, 000 8, 700 700 700

210 Veterans 131, 100 12, 100 13, 100 1, 000 500) 500

221 Fairgrounds 484,700 44, 800 48, 500 3,700_ ( 18,937) ( 15,237)

223 County Clerk Records Fund 86,500 8, 000 8,700 700 700

224 Public Land Corner Pres. 144,900 13,400 14, 500 1, 100 1, 100

243 Adult Corrections 2, 956, 100 273,400 295,600 22,200 4,835) 17, 365

245 Transit 1, 063, 800 98,400 106,400 8,000 1, 228) 6, 772

246 JJ Special Programs 208,200 19,300 20,800 1, 500 1, 500_

258 Comm. for Children/ Families 137,400 12,700 13,700 1, 000 500) 500

260 Parks 850,900 78,700 85, 100 6,400 2,318) 4,082

262 Building and Safety 619,900 57, 300 62,000 4,700 6,305) 1, 605)

530 Airports 211, 200 19, 500 21, 100 1, 600 425 2, 025

Total Budgeted Expenditures $ 25, 951, 590 I $ 2,400,400 1 $ 2,595, 300 1 $ 194,900 1 $ ( 302,184) 1 $ ( 107, 284)

401 ISF Departments 156,765)

402 BOM& Fleet 1, 051)

Adopted 11- 12 1 $ 3, 318,300 1 $ 3,318,300 1 1 $ ( 460,000) 1Note: All budgets are' based on' 11= 12 1 1 1 1

except for Public Safety at:this. time Difference 917,900) 1 $ ( 723,000) 1

Expenditure Base is budgeted Personel Services and Materials Services

Josephine County Insurance - FY 2012- 13 Total Budget 300, 000. 00

General/Auto Liability/Workers Comp (prior CCIS) Specific Insurance Charge l 9, 700.00

Prepared: RP 02/ 01/ 12 1 1 290,300.00

Based on 2011 Calendar Year I Minimum Liability Charge to Dept. 67, 500. 001

222, 800. 00

2007 2008 2009 2010 Four Year 1/ 4 of Risk Percent Minimum Departmenrt Charge Cost of

Total Payments of Risk Liability Specific Based on Liability

p OnRisk by

Payments 4 Charge to Charge Risk Charged to

Department Payments Dept. by Dept. Dept. Percent Dept.

Airports 0. 000% 2, 500. 00 9,700. 00 12, 200 00

Assessors 0. 000% 2, 500.00 2, 500.00_ ___ 17_, _ _ _, __ __ ._ _______ __Building Operations 0. 000% 2, 500. 00 2, 500. 00

Building and Safety 3, 500. 00 15, 505.39 10, 336. 67 , 29, 342. 06 7, 335. 52 1. 576% 2, 500. 00 3, 512.40 6, 012.40

Clerk 0. 000% 2, 500. 00 2, 500. 00

Commission Children/ Family 0. 000% 2, 500.00 2, 500. 00

Commissioners 112, 261. 19 368,586. 37 117, 152. 67 56, 765. 25 654,765.48 163, 691. 37 35. 179% 2, 500. 00 78, 378. 92 80, 878.92

Communications 0 000% 2, 500. 00 2, 500. 00

County Legal Counsel 0. 000% 2, 500.00 2, 500. 00

District Attorney 0. 000% 2, 500. 00 2, 500. 00

Fairgrounds 7, 988. 50 58, 103. 38 890. 76 66, 982.64 16, 745.66 3. 599% 2, 500.00 8, 018. 18 10, 518.18

Finance 0. 000%, 2, 500.00 ( 2, 500. 00

Forestry 3, 377. 24 145. 00 3, 522. 24 880 56 ' 0. 189% 1 2, 500. 00 _ 421. 63 2, 921. 63

Information Systems 0. 000% 2, 500. 00 2, 500 00

Juvenile 14, 010 34 21, 129. 27 35, 139. 61 8, 784.90 1. 888% 2, 500 00 1 4, 206.40 6,706.40

Parks

mm450.00 8, 736.64 9, 186. 64 2, 296.661 0494% 2, 500.00 1, 099.69 3, 599. 69„ _..._ _____ _„_._] ___„_ ___ _

Human Resources 0. 000% 2, 500. 00 2, 500.00

Planning 1, 32825 3, 440.75 4, 769.00 1 1, 192.25 ; 0. 256% 2, 500. 00 570. 87 3, 070.87

Adult Corrections 420.00 4, 050 00 197. 00 4, 667.00 1, 166. 75 0. 251% 2, 500. 00 558.66 3, 058. 66

Public Health i _ 27, 262.46 3, 032.37 30, 294.83 7, 573. 71 1 628% 2, 500.00 3, 626.45 6, 126. 45

Public Works 2, 280. 06 30, 205. 83 I 26, 283. 02 58, 529.46 117, 298. 37 29, 324. 59E 6. 302% 2, 500. 00 14, 041. 24 16, 541. 24

Sheriffs Office 188, 083. 20 337, 405.78 158, 415.40 217, 686. 87 901, 591. 25 225, 397.81 48. 440% 2, 500 00 107, 925.29 110,425. 29

Surveyor f 0. 000% 2, 500.00 2, 500 00

Treasurer/Tax 1 0. 000% 2, 500. 00 f 2, 500.00

Transit 1, 828.41 1, 849.40 3, 677. 81 919.45 0. 198% 2, 500 00 440 25 2, 940. 25

Veterans, 0 000% 2, 500.00 2, 500. 000

ounty Fleet o. 000it 2, 500. 00 2, 500.00

Subtotal 312, 361. 20 801, 851. 36 368, 813.44 378, 210. 93 1, 861, 236.93 465,309. 23 62500.00 9, 700. 00 222,800 00 300,000. 00

Insurance Premium 415,000.00

Dept Specific Premium 9, 700.00 I IWellness Committee 1, 000.00

Fleet charges 15, 000.00

00

Property Fire- Rural Metro 6, 000.00

OrdinanceOn -Buildi ng Safety 40,000.00

Flex Charges- Manley9 Y 8, 300.00

Worker Comp, prior CCIS 50,000. 00

Tail coverage WC CCIS 5, 000.00i

Total Budget 550,000. 00

Less Carryover Offset 250,000. 00)

300,000.00 I I2/ 16/ 201212: 12 PMlnsurance for 1213 Budget worksheet 021312

Josephine County Insurance - FY 2011- 12 i Total Bud et' 760000.00

General/Auto Liability/Workers Comp (prior CCIS) Specific Insurance Charge 8, 775. 00

Claim Expenses Allocated 422, 112. 19

Prepared: RP 02/25/ 11

Based on 2010 Calendar Year Minimum Liability -I 3291128

f 81, 000.i Chaige to Dept. 81, 000. 00

2010 1 in Cost

248, 112. 81

2006 2007 2008 2009 2010 Five Year 1/ 5 of Risk Percent

Risk

Minimumm

Depaemenrt Charge Cost of

Total Payments o is Liability SpSpecific Basedsed on T LiabilityOn Risk by Payments, to Charge Risk Charged to

Department Payments Dept. by Dept. Dept. Percent Dept.

i

Airports 0. 000% 3, 000.00 8, 775.00 11, 775.00Assessors

0. 000% 3, 000. 00 3, 000 00

Building Operations 159. 58 159. 58 31. 92 0. 008% 3, 000.00 18. 76 3, 050.689 p 159

Building and Safetyy 3, 500. 00 15, 505. 39 10,336.67 29, 342. 06 5, 868. 41 1. 390% 3, 000.00 3, 449.39 12, 317.80Clerk

0. 000% 3, 000.00 3, 000 00Commission Children/Family 0. 000% 3, 000 00 3, 000. 00Commissioners 76, 263. 95 112, 261. 19 368,586. 37 117, 152 67 56, 765.25 731, 029. 43 146, 205.89 34. 637% 3, 000. 00 85, 938. 18 235, 144. 07Communications 0. 000% 3, 000.00 3, 000 00

County Legal Counsel0. 000% 3, 000.00 3, 000. 00

District Attorney_._.__.___ _.._____.. ..,......._..._.._.... ,.. __.._........._........._._.._.-_..,-_....... ._....._.._.,.......-..-.......,._ 0. 000% 3, 000.00 ........... 3 000...00-Fairgrounds 16, 325 82 7, 988.50 58, 103 38 890.76 83 308.46 16, 661. 69 3. 947% 3, 000.00 9, 793 56 29 455 25Finance 0 000% 3, 000.00 3, 000.00

Forest 145. 00

y

3, 522. 24 704.45 0. 167% 3,000. 00 414. 07 4, 118 51Forestry 3, 377.24

Information stems 0. 000% 3, 000 00 3, 000 00

Juvenile 14, 010.34 21, 129.27 35, 139. 61 7, 027. 92 1. 665% 3, 000.00 4, 130. 93 14, 158. 86Parks 450.00 8, 736.64 9, 186 64 1, 837. 33 0. 435% 3, 000. 00 1, 079. 96 5, 917. 29Human Resources 0.000% 3, 000 00 3, 000 00

Planning 1, 328. 25 3, 440.75 4, 769.00 953 80 0. 226% 3, 000.00 1 560.63 4, 514. 43Adult Corrections 10, 744 02 420.00 4, 050.00 197 00 15, 411. 02 3, 082.20 0.730% 3, 000. 00 € 1, 811. 68 7, 893. 89Public Health 27, 262.46 3, 032. 37 30 294 836,058. 97 1. 435% 3, 000 00 3, 561 39 12, 620 36Public Works 4, 106. 19 2 280 06 30, 205. 83 26 283.02 58, 529.46 121, 404. 56 24, 280. 91 5. 752% 3, 000. 00 14, 272. 05 41, 552. 96

Sheriffs Office 141, 724.45 188, 083.20 337, 405.78 158, 415.40 217,686. 87 1, 043 315 70 208, 663 14 49 433% 3, 000. 00 122, 649.85 334, 312. 99Surveyorey 0.000% 3 000.00 3, 000. 00

Treasurer/Tax 0. 000% 3, 000. 00 3, 000. 00

Transit 1, 828. 41 1, 849.40 3, 677 81 735. 56 0. 174% 3, 000. 00 432.36 4, 167. 92

Veterans 0. 000% 3, 000.00 3, 000.00

County Fleet 0. 000% 3, 000.00 3, 000.00

Subtotal378210. 93 2. 19 1 81, 000 00 8,775. 00 248, 112 81 760,000.00249, 1 64. 43 '' 312,361. 20 801, 851. 36 368, 973.02 2, 110, 560. 94 422, 11

14._ i,Insurance Premium 450, 060.00Dept Specific Premium { 8,775.00

House of Ins Contract

Fleet charges 15, 000.00 I - JProperty Fire- Rural Metro , 6, 000.00

Ordinance- Building Safety 35,000.00Flex Charges- Manley 8, 225.00Worker Comp, prior CCIS 232,000.00Tail coverage WC CCIS 5, 000.00

Total Budget j 760,000.00 1

2/ 16/ 201212: 13 PM5 Year Liability for 11- 12 Budget worksheet

LICENSE AGREEMENT

TO LOCATE IMPROVEMENTS

IN A PUBLIC RIGHT OF WAY

THIS AGREEMENT AND PERMIT is entered into by and betweenJOSEPHINE COUNTY, a political subdivision of the State of Oregon, hereinafter

called the COUNTY, and MARTIN G. BAUER, hereinafter called the APPLICANT.

WITNESSETH:

WHEREAS, COUNTY is in possession of an interest in certain real property,namely county road right-of-way; and

WHEREAS, APPLICANT holds certain rights to locate a water well upon realproperty under the easement described in the Common Well Agreement, Exhibit

1," attached hereto and incorporated herein by reference; and

WHEREAS, APPLICANT desires to place improvements in a portion of county roadright of way, namely Paradise Gardens Road, to provide water by way of privatewater pipeline to APPLICANT' S real property described in Exhibit " 2" attached

hereto and incorporated herein by reference; and

WHEREAS, the parties acknowledge that there is no other more practical routefor the private water pipeline;

NOW THEREFORE, in consideration hereof, the parties hereby agree,

acknowledge and accept the following provisions, terms and conditions:

1. Permit. An Occupancy Permit For Work Upon County Road Right- of-Wayshall be obtained by the APPLICANT from Josephine County Public Worksprior to any installation of improvement contemplated herein. Said permit

or license shall continue to remain in effect unless or until APPLICANTbreaches this agreement.

2. Standards. All portions of the project, including location, construction,

relocation, maintenance and repair, shall comply with Josephine CountyPublic Works Design and Construction Standards, (including Section

301. 1) as applicable, and as reflected in plans as prepared by engineerGary Wicks dated November 15, 2011 and approved by Josephine CountyPublic Works.

3. Relocation. In the event COUNTY determines it is necessary to install anyimprovement or perform any maintenance in the right-of-way, and the

location of APPLICANT' s pipeline hinders or interferes with COUNTY' santicipated work or improvement, then APPLICANT shall within 30 days ofwritten notice from COUNTY, remove, relocate and/ or repair as COUNTY

determines to be necessary, at APPLICANT' S sole cost and expense,

APPLICANT' S private water pipeline. Should APPLICANT not remove,

License Agreement- 1-

relocate, maintain and/ or repair the private water pipeline as directed byCOUNTY, then COUNTY may undertake the work at APPLICANT' S soleexpense.

4. Liability and Control.

a) COUNTY assumes no liability for any injury to persons or damage toproperty occurring while APPLICANT is operating on or in the

COUNTY right-of-way.

b) APPLICANT shall be responsible and liable for any and all injury ordamage to COUNTY property and agrees to remove debris, repair andrestore the right-of-way after installation of APPLICANT' S privatewater pipeline to the same or better condition as that which existedprior to said installation.

c) APPLICANT shall be responsible and liable for all damage or injury toany person or property resulting from the location, relocation,

installation, construction, operation, maintenance or repair of the

private water pipeline.

5. Assumption of Risk. APPLICANT is aware of the significant risks

associated with the installation of the private water pipeline, has

considered said risk, and has determined to proceed and assumes the riskof the project. The COUNTY shall maintain the right to inspect any workundertaken in the right-of-way as deemed necessary by COUNTY.

6. Signing/ Traffic Control. Signing and traffic control shall meet the

requirements of the Federal Highway Administration Manual on UniformTraffic Control Devices. APPLICANT shall employ any and all methodsundertaken pursuant to this agreement or the Occupancy Permit as maybe required by the COUNTY' s Public Works Department in order to properlyprotect the public from injury and the right-of-way from damage

7. Bond. APPLICANT agrees that prior to construction, he shall post a cash

security or surety bond specified by the COUNTY' s Engineer, in an amountnot to exceed $ 6, 000.00, to guarantee completion of the initial

improvement project(s) described in the engineered plans of Gary Wicksdated November 15, 2011, and to pay any claims that APPLICANT is foundto be responsible for in connection with said project(s). Not more than 60

days after the completion of the project(s), upon approved final inspection

from the Public Works Department, the County Engineer shall release thebond. Bonds that may be necessary to undertake future maintenance orrepairs to the pipeline shall be in a reasonable amount specified by theCounty Engineer. Cash security or surety bonds may be required forfuture maintenance or repair and where required, shall be released as set

out above. " Project" shall include any location, relocation, reinstallation,

maintenance and repair work in the future.


8. Maintenance.

a) APPLICANT agrees that APPLICANT is solely responsible for

maintenance and repair of the private water pipeline and for repair of

any damage caused by the private water pipeline to surrounding oradjoining properties, including but not limited to the County right ofway. Routine maintenance for the private water pipeline will not beprovided by the COUNTY. APPLICANT acknowledges that COUNTY isunder no obligation to maintain said pipeline.

b) APPLICANT shall make all repairs to the pipeline as soon as possible.

Before beginning repair work, APPLICANT shall inform County of thenature of the repair needed, and obtain permission from County tobegin the work. If the repair work is in the nature of an emergency,meaning that immediate repair is necessary to avoid further damage,APPLICANT may begin repair work without prior permission fromCounty but must obtain written permits from County by writtenapplication within five days of the start of the repair.

c) In the event that repair work is necessary on the pipeline andCOUNTY becomes aware of the problem, COUNTY shall provideAPPLICANT with ten ( 10) days' written notice of the problem. In the

event, however, that there is an emergency of the nature as describedin paragraph 8(b) above, COUNTY is not required to provide said ten10) days' written notice to APPLICANT. In the event the APPLICANT

does not begin repairs within said ten ( 10) days, COUNTY mayimmediately undertake to repair the line as County in its solediscretion determines to be necessary. In the event that County doesany repair work, APPLICANT shall reimburse County for the costs ofsuch work within thirty days from the date County presents

APPLICANT with an invoice for the amount reasonably expended onthe repairs.

d) APPLICANT agrees to register this private water pipeline and performresponsibilities as may be required under the Oregon UtilityNotification Center.

9. Indemnification. APPLICANT agrees to protect, defend, indemnify, and

hold COUNTY, its officers, employees, and agents free and harmless fromand against any and all losses, penalties, damages, settlements, costs,

charges, professional fees and other expenses or liabilities of every kindand character arising out of, or relating to, any and all claims, liens,

demands, obligations, actions, proceedings or causes of action of every kindin connection with or arising directly or indirectly out of the location,installation, maintenance, relocation or repair of the improvement project

contemplated herein. APPLICANT further agrees to investigate, respond to,


provide defense for and defend any such claim(s) at APPLICANT'S sole

expense and agrees to bear all other costs and expenses related thereto.

10. Attorney Fees. In any dispute regarding the rights, responsibilities, and

obligations of the respective parties hereto, the prevailing party shall beentitled to recover attorney fees, costs and expenses of any litigation,including any costs and fees incurred in any appellate courts.

11. Waiver. APPLICANT waives, releases, acquits, and forever dischargesCOUNTY, its officer, employees, agents, from any and all claims, damagesand causes of action of whatever nature, whether in contract or tort,

common law or statute, which have accrued or may ever accrue as a resultof APPLICANT' S use of COUNTY' S property as described herein.

12. Notice. Any notice required to be delivered hereunder shall be sent to therespective addresses below:

APPLICANT: COUNTY:

art' G. B Josephine County ?ubi;c-vJorKs

b, 0 K 2D1 R t JaA +II1HT5 WAyLEI Aks) OR rxQe 1?- Apsrs 4Ass, OR 617527

13. Successors. This Agreement shall inure and be binding upon the

successors and assigns of APPLICANT and COUNTY. APPLICANT shall

notify the COUNTY in writing within thirty (30) days of any change to theownership of said property.

14. Recording. APPLICANT agrees to record this document in the official

records of Josephine County at APPLICANT' S expense and provide toCOUNTY a copy evidencing the recorder's stamp, document number and

date of recording.

AP •LICANT: COUNTY:

v 4 L. 14Martin G. Bauer Simon Hare, Chair

D to Don Reedy, Commissioner

Harold Haugen, Commissioner

Date


STATE OF OREGON

ss.

County of Josephine County

This instrument was acknowledged before me on Q a-O I o?,

by Martin G. Bauer.

No Public for egon

OFFICIAL SEAL My Commission Expires: 3 ) 4H SANDRA DIENTJE JOHNSTON

NOTARY PUBLIC- OREGONCOMMISSION NO. 454609

MY COMMISSION EXPIRES DECEMBER 23, 2014

STATE OF OREGON

ss.

County of Josephine County

This instrument was acknowledged before me on by

as members of the Josephine County Board of Commissioners

Notary Public for OregonMy Commission Expires:


COMMON WELL AGREEMENT

This Agreement entered into this of k,- O5 ( , 2010, between James

Raymond Teresi, hereinafter known as " Teresi" and Marin G. Bauer, hereinafter known as

Bauer".

WHEREAS, Teresi is the owner of an approximate 28. 69 acre parcel located on

Hussey Lane, as sh own on the attached map marked Exhibit " A" and made a part hereof.Teresi' s property is noted as Tax Lot 400. Bauer' s property lies to the north and consists of5 parcels, Tax l.nis 4( 11, 47(), 474, 4? 6 and 451, totaling approximately lg aoroa. Ratter' s

property is depicted on Exhibit" A". Teresi' s legal description is attached hereto and made

a part hereof and shown on Exhibit " B". Bauer' s legal description is attached hereto and

made a part hereof shown as Exhibit " C".

AND WHEREAS, Bauer' s property is an area where it is difficult to obtain a goodwell and Teresi' s property is a better area to obtain water,

AND WHEREAS, Bauer is willing and able to pay good and valuable considerationfor the right to drill a well, and if successful to remove water therefrom in perpetuity,

AND WHEREAS, the parties wish to enter into an agreement concerning the drilling

and possible rem oval ofwater from T eresi' s property, they do hereby enter into the followingagreement:

WITNESSETH

1 WEI. 1. I, OCA.TION: Teresi grants unto Bauer. bin heir; rind nnnigns thr rightto drill and maintain a well with all necessary equipment related thereto on Teresi' s property.Said well shall be located within 200 feet of a point on Teresi' s property lying immediatelyto the south of the intersection of Hussey Lane and Paradise Gardens Road, as shown onExhibit A, and noted as point " x".

2. PRELIMINARY WORK: The parties understand Bauer has preliminary

planning and negotiation with Josephine County ( or other intervening owners) in order totransport well water from the proposed well site to his property described above. Therefore,

it is necessary for Bauer to have a period of two years in which to make arrangements to pipe

COMMON WELL AGREEMENT - 1

PAGE . -— I

the water to his property. Teresi grants unto Bauer the term of two years from the date of thisagreement to drill a well within the described location above.

3. CONSIDERATION: Bauer shall pay unto Teresi upon the execution of thisagreement the sum of$41111111111. 1111111111111111110 Said payment is non-refundable toBauer regardless ifBauer proceeds with the well drilling or not. In the event Bauer decides todrill a well, Bauer shall pay all costs for said well. In the event that the well produces 5 allonsper minute or more, then Bauer shall pay unto Teresi an additional sum of

illiiiMPtiollars) which is non-refundable. Bauer shall also have the option to use the well if

there is less than 5 gallons per minutes production by payment of the$ nto Teresi.

4. OWNERSHIP OF WELL: The parties understand and agree that Bauer has a

property right and an ownership interest in the well and in any and all water located in said well.Teresi grants unto Bauer the right to extract the water located therein. This grant and easementas described herein provides unto Bauer' s property as described on Exhibit" C", a benefitted

estate and Teresi' s property as described on Exhibit" B" shall be the burdened estate and thisgrant and easement shall run with the land and is perpetual in nature and is exclusive.

5. PAYMENT OF COSTS: Bauer agrees to pay all costs and expenses of drillingsuch well, and of installing the necessary equipment, water and electrical lines and ofmaintaining and repairing same. Bauer shall be responsible for and shall repair any damage toTeresi' s Iand, irrigation facilities, or fencing caused by any activity related to Bauer' s use of thiseasement.

6. EASEMENT LOCATION: In the event Bauer installs a well and elects to extract

water therefrom and to use said well, Bauer shall have the following described easement: Thereshall be an easement of 15- foot radius around the new well and a 7%2- foot easement on both sides

of the new pipeline and new electrical lines which will run over Teresi' s property. This easementshall be for tlic puipusu ofmaintaining and repairing said well and equipment and the pipelineand electrical lines.

7. LATER RFCORfTNf OF FASFMFNT: It is understood by the parties that in theevent Bauer elects to proceed with a well, and elects to use said well, the parties will then enter

into an easement setting forth the terms and conditions as set forth herein, which said easementshall then be recorded.

COMMON WELL AGREEMENT- 2

P.AGE ._ _..

8. INDEMNIFICATION: Bauer will indemnify Teresi and hold Teresi harmlessfrom any and all claims, actions, damages, liability and expenses in connection with loss of life,personal injury, contract claims and damage to property arising from or out of any occurrence in,upon, at ur on the easement area related to Bauor' s use of the easement area. IfTeresi shall,

without fault on Teresi' s part, be made a party to any litigation commenced by or against Bauer,Bauer shall protect and hold Toes; harmless therefrom and Bauer shall pay all costs, expensesand reasonable attorney fees incurred or paid by Teresi in connection with such litigation.

9. TERESI' S PROMISE: Teresi covenants that he shall not install a septic systemwithin the setback requirements from a well, as imposed by state or local regulation. In addition,Teresi agrees not to have another well, or allow for one to be constructed, within a 200- footradius of any well installed by Bauer.

10. ATTORNEY FF.FS: if any suit or action is brought to enforce the rights of any ofthe parties to this agreement, it is agreed that the prevailing party shall be entitled to an award ofreasonable attorney fees from and against the parties not prevailing in the trial court and uponany appeal thereof.

11. BINDING EFFECT: This agreement shall be binding upon and inure to thebenefit of the heirs, devisees, successors and assigns of the parties hereto.

id -74-4/J es Raymond T resi Martin G. Bauer

COMMON WELL AGREEMENT- 3

ac. r

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EXHIBIT" B"

The following described real property is situated in Josephine County, State of Oregon, to-wit:

The North half of the Nut ihwest yuaitci of tlic No theast quarter and the West 314. 6 factof Lot 6, all in Section 26, Township.35 South, Range 7 West of the Willamette Meridian,Oregon.

Less and except a strip 15 feet in width along the Northerly line of said tract.

EXHIBIT" C"

Tax Lot 451

A parcel of land in the Southeast Quarter of Section 23, Township 35Couth, flange 7 Wrist of tho Willamette Meridian, Josephine C,ntrnty.Oregon, more particularly described as follows: Commencing at a point inflit u: eirtei of a cut de sac at the end of Cteeihead Lane, said point beingNorth 31° 01' 12" East 2308. 91 feet from the South Quarter corner of saidSection 23; thence North 24° 58' East 50.00 feet to an iron pipe on theperimeter of said cul de sac, which is the true point of beginning: thenceNorth B0° 00' East 720. 00 feel to Rogue River; thence along Rogue, RiverSouth 70° 52' East 64. 30 feel to the center of Little Pickett Creek; thencealong the center line of Little Pickett Creek the following courses anddistances: South 40° 41' West 107. 00 feet, South 11° 07' East 98. 22 feet,South 63° 37' West 102. 41 feel; South 87° 37' West 64. 90 feet; South 9°52' West 142. 45 feel, North 80° 13' East 89.20 feel and South 20° 32' East109. 19 feel; thence North 80° 12' Wes1. 743. 91 feet to an iton pipe on theSoutheasterly boundary of Steefhead Lane: thence North 24° 58' East132. 00 feet to an iron pipe on the perimeter of said cut de sac; thencearound said perimeter to the right, the long chord of which bears North 6°32' East 94. 87 feel to the true point of beginning.

LESS AND EXCEPT: A parcel of land in the Southeast Quarter of Section23. Township 35 South. Range 7 West of the Willamette Meridian,Josephine County, Oregon, more particularly described as follows:Commencing at a point in the center of a cut de sac at the end ofSteefhead Lane, said point being North 31° 01' 12" East 2308. 91 feet fromthe South Quarter corner of said Soction 23; thence. North 24° 58' East

50.00 feel to an iron pipe on the perimeter of said cut de sac, which is thetrue point of beginning; thence North 8n° on' Fast 317 79 feel; thenceSouth 9° 48' West 308.07 feet; thence North B0° 12' West 318. 00 feet tothe Southeasterly right of way line of Steefhead Lane; thence along saidright of way line North 24° 58' East 111. 28 feet to an iron pipe on theperimeter of said cut de sac; thence along said perimeter around a curve tothe left, the long chord of which bears Ncnth 6" 32' East 94. 07 feet, to theTrue point of beginning.

EXHIBIT" C"- I

Tax Lot 420:

Commencing at a point in the center of a cul- de- sac at the end ofSleelhead Lane, said point being North 31° 01' 12" East 2308. 91 feet fromthe South quarter corner of said Section 23; thence South 24° 58' West 40feel along the center line of Steelhead Lane; thence South 85° 02' East 30feet to an iron pipe on the Southeasterly boundary of Steelhead Lane:thence along said road boundary South 24° 58' West 132 feet to an ironpipe, which is the true point of beginning; thence South 80° 12' East 743. 91eel to the center line of Little Pickett Creek; thence along the center line of

Lithe Pickett Creek, the following courses and distances: South 48° 35'West 91. 71 feet, South 72° 40' West 79.45 feet and South 21° 58' West261. 40 feet; thence North 73° 30' West 643, 19 feet to an iron pipe the

Southensterly t, vundary of Sleelhead Lane; thence along said roadboundary North 24° 58' East 298. 62 feet to the true point of beginning.

Tax Lot 426:

4 parcel of land lying in the Southeast Quarter of Section 23. Township 35South, Range 7 West of the Willamette meridian, Josephine County,Oregon, said parcel being described as follows:

Commencing of a¢ t5; et in the center of a cul-de-sac at the end ofSteelhead Lane, said point being Naffh 31°( 11 12" East 2308. 01 feet fiusilthe South quarter corner of said Section 23; thence South 24° 58' West 40feet along the center line of Steelhead Lane; thence South 65° 02' East 30feet to an iron pipe on the Southeasterly boundary of Steelhead Lane;thence along said road buuridary South 24° 58' West 430.62 feet to an ironpipe, which Is the true point of beginning; thence South 73° 30' East 643. 19feet to the center line of Little Pickett Creek; thence along the center line ofLittle Pickett Creek, the following courses and distances: South 46° 53'West 95.08 feet, South G4° 00' West 132. 74 feel, North 70° 12' West 56. 85feet, South 78° 03' West 117 feet, South 56° 32' West 131. 56 feet, South43° 54' West 187.47 feet, South 69° 28' West 58. 05 feel, South B7° 20'West 50. 30 feet, South 39° 20' West 52. 75 feet, South 78° 45' West 90.41eel and' Soulh 39° 11' West 31. 44 feet to an iron pipe on the Easterly

boundary of Paradise Gardens Road; thence along said road boundary thelollowing courses and distances: North 75° 58' West 5 feel; thence arounda curve to the right( the long chord of which, bears North 18° 23' 50" East)187. 85 feel and North 22° 45' 41" East 69.92 feet to an iron pipe on the

Southeasterly boundary of Steelhead Lane; thence along the Southeasterlyboundary of Steelhead Lane North 24° 58' East 157. 13 feet, North 65° 02'West 3. 12 feet and North 24° 58' East 152. 78 feet to the true point ofbeginning.

TOGETHER WITH a non- exclusive easement of variable width for ingressand egress, the center line of which is described as follows:

Commencing at a point in the center of a cul- de-sac at the end ofSteethead Lane, said point being North 31° 01' 12" East 2308. 91 feet fromthe South Quarter corner of said Section 23; thence North 8° 21' West 50feet to the true point of beginning; thence Naafi 8° 21' West 134. 74 feet;thence North 80° 00' East 500 feet to the Rogue River.

EXHIBIT" C"- 2

Tax Lot.424:

A parcel of land in the Southeast Quarter of Section 23, Township 35South. Range 7 West of the Willamette Meridian, Josephine County,Oregon, more particularly described as follows: Commencing at a point inthe center of a cul-de- sac al the end of Steethead Lane, said point beingNorth 31° 01' 12" East 2308. 91 feel from the South Quarter corner of said .flr•clinn^` I: Ihenre North 7.0 IQ' rase 16. 61= fwi lu, rn nun piobi un muperimeter of said cul- de-sac, which point is the true point at beginning;thence North 80° 00' East 720. 00 feet to the Rogue,f fiver; thence alongRogue River, North 65° 27' West 317. 97 feet; thence South 80° 00' West484. 27 feel; thence South 39° 02' East 7. 62 feet; thence South 8° 21' East164. 74 feet. more or less, to the Northerly right of way line of saidSteethead Lane; thence around said perimeter to the right, the long chordof which be North 43" 241E0. 1 35 IGet, mule ui less, to the True point ofbeginning.

Tax Lot 401:

A parcel of land in the Southeast Quarter of Section 23, Township 35South, Range 7 West of the Willamette Meridian, Josephine County,Oregon, more parciutarty described as follows: Commencing at a point inthe center of a cul- de- sac at the end of Steelhead Lane, said point beingNorth 319 01' 12" Cast 2300. 91 foot fetirrr tilt South Quarter cunrer of saidSection 23; thence North 24° 58' East 50.00 feet to an iron pipe on theperimeter of said cul- de- sac, which is the true point of beginning; thenceNorth 80" 00' East 312. 79 feet; thence South 9° 48' West 308. 07 feet:thence North 80° 12' West 318 feet to the Southeasterly right of way line ofSleelhead Lane; thence along said right of way line North 24° 58' East111. 28( eel to an iron pipe on the perimeter of said cul- de- sac; thencealong said perimeter around a curve to the left, the long chord of whichbears North 6° 32' East 94. 87 feet to the true point of beginning.

EXHIBIT" C"- 3

s.

Tax Lot 451

A parcel of land in the Southeast Quarter of Section 23, Township 35Couth, flange 7 Wocl of tho Willamette Meridian, Josephine county.Oregon, more particularly described as follows: Commencing at a point intl+e ceidei of a cut de sac al the end of Steelheed Lone, said point boingNorth 31° 01' 12" East 2308. 91 feet from the South Quarter corner of saidSection 23: thence Norlh 24° 58' East 50. 00 feet to an iron pipe on theperimeter of said cut de sac, which is the true point of beginning; thenceNorth 80° 00' East 720.00 feel to Rogue River; thence along Rogue. RiverSouth 70° 52' East 64. 30 feet to the center of Little Pickett Creek; thence

along the center line of Little Pickett Creek the following courses anddistances: South 40° 41' West 107. 00 feel, South 11° 07' East 98.22 feet,South 63° 37' West 102. 41 feel; South 87° 37' West 64. 90 feet; South 9°52' West 142. 45 feel, North 80° 13' East 89. 20 feet and South 20° 32' East109. 19 feel; thence North 80° 12' Wes1. 743. 91 feet to an icon pipe on theSoutheasterly boundary of Steelhead Lane; thence North 24° 58' East132. 00 feet to an iron pipe on the perimeter of said cut de sac; thencearound said perimeter to the right, the long chord of which bears North 6°32' EasI 94. 87 feet to the true point of beginning.

LESS AND EXCEPT: A parcel of land in the Southeast Quarter of Section23, Township 35 South. Range 7 West of the Willamette Meridian,Josephine County, Oregon, more particularly described as follows:Commencing at a point in the center of a cut de sac at the end ofSteelhead Lane, said point being North 31° 01' 12" East 2308,91 feel fromthe South Quarter corner of said Section 23; thence North 24° 5B' East

50.00 feel to an iron pipe on the perimeter of said cut de sac, which is thetrue point of beginning; thence North 80° nn' Fast 117 79 fent; thenceSouth 9° 48' West 308. 07 feet; thence North 80° 12' West 318.00 feet to,the Southeasterly right of way line of Sleelhead Lane; thence along saidright of way line North 24° 58 East 111. 28 feel loan iron pipe on theperimeter of said cut de sac; thence along said perimeter around a curve tothe left, the long chord of which Lrears Nur111 6" 32' East 94. 07 feel, to thetrue point of beginning.

EXHIBIT-

tZ-PAGE--_ 1

Tax Lot 420:

Commencing at a point in the center of a cul- de- sac at the end ofSteelhead Lane, said point being North 31° 01' 12" East 2308. 91 feel fromthe South quarter corner of said Section 23; thence South 24° 58' West 4Dfeel along the center line of Steelhead Lane; thence South 85° 02' East 30feel to an iron pipe on the Southeasterly boundary of Steelhead Lane;thence along said road boundary South 24° 58' West 132 feet to an ironpipe, which is the true point of beginning; thence South 80° 12' East 743. 91feet to the center line of Little Pickell Creek; thence along the center line ofLeen. Pickett Creek, the following courses and distances: South 48° 35'West 91. 71 feet. South 72° 40' West 79.45 feet and South 21° SR' West261. 40 feet; thence North 73° 30' West 643, 19 feet to an iron pipe em. the

Southeasterly boundary or Steelhead Lane; thence along said roadboundary Norlll 24° 58' East 298. 62 feel to the true point of beginning.

Tax Lot 426:

A parcel of land lying in the Southeast Quarter of Section 23. Township 35South, Range 7 West of the Willamette meridian, Josephine County,Oregon, said parcel being described as follows:

Commencing at a pled ill the center of a cul-de-sac at the end ofSteethead Lane, said point being N0rt1131° 01' 12" Eatt 2308. 01 feet fiurirthe South quarter corner of said Section 23; thence South 24° 58' West 40feet along the center line of Steelhead Lane; thence South 65° 02' East 30feet to an iron pipe on the Southeasterly boundary of Steelhead Lane:thence along said road uuurrdary South 24° 58' West 430. 62 feel to an ironpipe, which rs the true point of beginning; thence South 73° 30' East 643. 19feel to the center line of Little Pickett Creek; thence along the center line ofLittle Pickett Creek, the following courses and distances: South 46° 53'West 95.08 feet, South 04° 00' West 132. 74 feet, North 70° 12' West 56. 85feel, South 78° 03' West 117 feet. South 56° 32' West 131. 56 feet, South43° 54' West 187. 47 feet, South 69° 28' West 58. 05 feet, South 87° 20'West 50. 30 feet, South 39° 20' West 52. 75 feel, South 78° 45' West 90.41eel and' South 39° 11' West 31. 44 feet to an iron pipe on the Easterly

boundary of Paradise Gardens Road; thence along said road boundary thefollowing courses and distances: North 75° 58' West 5 feet; thence arounda curve to the right( the long chord of which,bears North 18° 23' 50" East)187. 85 feet and North 22° 45' 41" East 69. 92 feet to an iron pipe on the

Southeasterly boundary of Steelhead Lane; thence along he Southeasterlyboundary of Steelhead Lane North 24° 5B' East 157. 13 feel, North 65° 02'West 3. 12 feet and North 24° 58' East 152.78 feet to the true point ofbeginning.

TOGETHER WITH a non- exclusive easement of variable width for ingressand egress, the center line of which is described as follows:

Commencing at a point in the center of a cul- de- sac at the end ofSteelhead Lane, said point being North 31° 01' 12" East 2308. 91 feel fromthe South Quarter corner of said Section 23; thence North 8° 21' West 50feel to the true point of beginning; thence Noll] 8° 21' West 134. 74 feet;thence North B0° 00' East 500 feet to the Rogue River.

PAGE— Z' - —

Tax Lot 424:

A parcel of land in the Southeast Quarter of Section 23, Township 35South. Range 7 West of the Willamette Meridian,. Josephine County,Oregon, more particularly described as follows: Commencing al a point inthe center of a cul- de- sac at the end of Steelhead Lane, said point beingNorth 31° 01' 12" East 2308. 91 feet from the South Quarter corner of said .F rnlinn ^: 1: Ihrnrr North ? J""' 1' rase ( i.OJ trrl to wn' luu ip un( 1) 1i

perimeter of said cul-de- sac, which point is the true point of beginning;thence North 80° 00' East 720.00 feel to the Rogue River; thence alongRogue River, North 65° 27' West 317. 97 feet; thence South B0° 00' West4841. 27 feel; thence South 39° 02' East 7. 62 feet; thence South 8° 21' East164. 74 feel. more or less, to the Northerly right of way line of saidSteelhead Lane; thence around said perimeter to the right, the long chordof which bears North 43" 24' East 35 fee.t, muse us less, to the True point ofbeginning.

Tax Lot 401:

A parcel of land in the Southeast Quarter of Section 23, Township 35South, Range 7 West of the Willamette Meridian, Josephine County,Oregon, more parciutarty described as follows: Commencing at a point inthe center of a cul-de- sac at the end of Steelhead Lane, said point beingNorth 31" 01' 12" Ceel 2300. 91 fttl feeJiti' i the 3vulli Quat( ei Lushes of sdkJSection 23; thence North 24° 58' East 50.00 feet to an iron pipe on theperimeter of said cul-de-sac, which is the true point of beginning; thenceNorth 80° 00' East 312. 79 feel; thence South 9° 48' West 308. 07 feet:thence North 80° 12' West 318 feet to the Southeasterly right of way fine ofSlee)head Lane; thence along said ri9hl of way line North 24° 58' East111. 28 feel to an iron pipe on the perimeter of said cul- de- sac; thencealong said perimeter around a curve to the left, the long chord of whichbears North 6° 32' Easl 94, 87 feel to the true point of beginning.

EXHIBIT _

PAGE

Misc. Contracts and Agreements

No. 28215

LOCAL AGENCY AGREEMENT

NATIONAL HISTORIC COVERED BRIDGE PRESERVATION PROGRAM ( NHCBP)Grave Creek Covered Bridge Preservation (# 141005)

THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,acting by and through its Department of Transportation, hereinafter referred to as " State;"and Josephine County, acting by and through its elected officials, hereinafter referred toas "Agency," both herein referred to individually or collectively as " Party" or "Parties."

RECITALS

1. Sunny Valley Loop Road is a part of the county road system under the jurisdictionand control of Agency.

2. By the authority granted in Oregon Revised Statutes ( ORS) 190. 110, 366.572 and

366.576, State may enter into cooperative agreements with counties, cities and unitsof local governments for the performance of work on certain types of improvement

projects with the allocation of costs on terms and conditions mutually agreeable to thecontracting parties.

NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, itis agreed by and between the Parties hereto as follows:

TERMS OF AGREEMENT

1. Under such authority, State and Agency agree to fund, design and conduct repairwork and safety upgrades on the Grave Creek Covered Bridge, hereinafter referred toas " Project." The Project includes replacement of siding and roof and installation of apost tensioning system, The location of the Project is approximately as shown on thedetailed map attached hereto, marked " Exhibit A," and by this reference made a parthereof. The Project Scope and Schedule, progress report requirements, and Project

Change Request process are described in Exhibit B, attached hereto and by thisreference made a part hereof. Agency agrees to the conditions set forth in Exhibit B.

2. The Project shall be conducted as a part of the National Historic Covered BridgePreservation Program ( NHCBP), under Title 23, United States Code. The total Project

cost is estimated at $ 453, 100, which is subject to change. NHCBP funds for this

Project shall be limited to $406,600. The Project will be financed with NHCBP funds

at the maximum allowable federal participating amount with Agency providing thematch and any non-participating costs, including all costs in excess of the availablefederal funds.

3. State, in its efforts to comply with the National Environmental Policy Act and Section106 of the National Historic Preservation Act of 1966, coordinates historical and

archeological investigations, reviews, and consultations. All documentation prepared

on behalf of the Project will be prepared in compliance with State' s Cultural

09-23- 11

Key No. 17170

State/AgencyAgreement No. 28215

Resources Manual and submitted to State's Cultural Resources Program

Coordinator, Geo-Environmental Planning Unit, 4040 Fairview Industrial Dr. SE MS6, Salem, Oregon 97302- 1142, for final submission to the State Historic

Preservation Office ( SHPO) and Federal Highway Administration office (FHWA).

Agency, or its contractor, shall not submit any documentation to the SHPO directly.

4. The federal funding for this Project is contingent upon approval by the FederalHighway Administration ( FHWA). Any work performed prior to acceptance by FHWAor outside the scope of work will be considered nonparticipating and paid for atAgency expense.

5. As applicable, this Agreement is contingent upon an amendment to the Statewide

Transportation Improvement Program ( STIP) to add the Project or adjust funding anda subsequent approval by the Oregon Transportation Commission ( OTC).

6. State considers Agency a subrecipient of the federal funds it receives as

reimbursement under this Agreement. The Catalog of Federal Domestic AssistanceCFDA) number and title for this Project is 20.205, Highway Planning and

Construction.

7. The term of this Agreement shall begin on the date all required signatures are

obtained and shall terminate upon completion of the Project and final payment or ten

10) calendar years following the date all required signatures are obtained, whicheveris sooner.

8. Agency shall require its contractor(s) and subcontractor(s) that are not units of localgovernment as defined in ORS 190.003, if any, to indemnify, defend, save and holdharmless the State of Oregon, Oregon Transportation Commission and its members,

Department of Transportation and its officers, employees and agents from and against

any and all claims, actions, liabilities, damages, losses, or expenses, includingattorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260,

caused, or alleged to be caused, in whole or in part, by the negligent or willful acts oromissions of Agency's contractor or any of the officers, agents, employees or

subcontractors of the contractor (" Claims"). It is the specific intention of the Parties

that State shall, in all instances, except for Claims arising solely from the negligent orwillful acts or omissions of State, be indemnified by the contractor and subcontractorfrom and against any and all Claims.

9. Any such indemnification shall also provide that neither Agency's contractor andsubcontractor nor any attorney engaged by Agency's contractor and subcontractorshall defend any claim in the name of the State of Oregon or any agency of the Stateof Oregon, nor purport to act as legal representative of the State of Oregon or any ofits agencies, without the prior written consent of the Oregon Attorney General. TheState 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 fromdefending the State of Oregon, or that Agency's contractor is not adequatelydefending the State of Oregon' s interests, or that an important governmental principle

2


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 ifthe State of Oregon elects to assume its own defense.

10. This Agreement may be terminated by mutual written consent of both Parties.

11. State may terminate this Agreement effective upon delivery of written notice toAgency, or at such later date as may be established by State, under any of thefollowing conditions:

a. If Agency fails to provide services called for by this Agreement within thetime 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 isprohibited or if State is prohibited from paying for such work from theplanned funding source.

12. Any termination of this Agreement shall not prejudice any rights or obligations accruedto the Parties prior to termination.

13. If Agency fails to meet the requirements of this Agreement or the underlying federalregulations, State may withhold the Agency's proportional share of Highway Funddistribution necessary to reimburse State for costs incurred by such Agency breach.Agency will be ineligible to receive or apply for any Title 23, United States Code

funds until State receives full reimbursement of the costs incurred.

14. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,

respectively, are by this reference made a part hereof. The Standard Provisions applyto all federal- aid projects and may be modified only by the Special Provisions. TheParties hereto mutually agree to the terms and conditions set forth in Attachments 1and 2.

3


15. Agency, as a recipient of federal funds, pursuant to this Agreement with the State,shall assume sole liability for Agency's breach of any federal statutes, rules, programrequirements and grant provisions applicable to the federal funds, and shall, upon

Agency' s breach of any such conditions that requires the State to return funds to theFHWA, hold harmless and indemnify the State for an amount equal to the fundsreceived under this Agreement; or if legal limitations apply to the indemnification abilityof Agency, the indemnification amount shall be the maximum amount of funds

available for expenditure, including any available contingency funds or other availablenon- appropriated funds, up to the amount received under this Agreement.

16. Agency certifies and represents that the individual( s) signing this Agreement has beenauthorized to enter into and execute this Agreement on behalf of Agency, under thedirection or approval of its governing body, commission, board, officers, members orrepresentatives, and to legally bind Agency.

17. State' s Project Manager for the Agreement is Kelli Sparkman, ODOT Local AgencyLiaison, 100 Antelope Road, White City, OR 97503; ( 541) 774-6383;

[email protected], or assigned designee upon individual's absence.

State shall notify the other Party in writing of any contact information changes duringthe term of this Agreement.

18. Agency's Project Manager for this Project is Charles A. Dejanvier, PE, JosephineCounty Engineer, 201 River Heights Way, Grants Pass, OR 97527; ( 541) 474-5460;

CDEJANVIER( co.josephine. or.us, or assigned designee upon individual's

absence. Agency shall notify the other Party in writing of any contact informationchanges during the term of this Agreement.

19. This Agreement may be executed in several counterparts ( facsimile or otherwise) allof which when taken together shall constitute one agreement binding on all Parties,notwithstanding that all Parties are not signatories to the same counterpart. Each copyof this Agreement so executed shall constitute an original.

20. This Agreement and attached exhibits constitute the entire agreement between the

Parties on the subject matter hereof. There are no understandings, agreements, orrepresentations, oral or written, not specified herein regarding this Agreement. Nowaiver, 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 havebeen 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 ofState to enforce any provision of this Agreement shall not constitute a waiver by Stateof that or any other provision.

THE PARTIES, by execution of this Agreement, hereby acknowledge that their signingrepresentatives have read this Agreement, understand it, and agree to be bound by itsterms and conditions.

4


This Project is in the 2010-2013 Statewide Transportation Improvement Program, ( Key17170) that was approved by the Oregon Transportation Commission on December

16, 2010 (or subsequently approved by amendment to the STIP).

Josephine County, by and through its STATE OF OREGON, by and throughelected officials its Department of Transportation

By ByRegion Manager

Date

Date

By

Date APPROVAL RECOMMENDED

By By

Date

Date

APPROVED AS TO LEGAL

SUFFICIENCY

ByByCounty Counsel

Date

Date , -/ C

APPROVED AS TO LEGAL

Agency Contact: SUFFICIENCYCharles A. Dejanvier, PE

Josephine County Public Works By201 River Heights Way

Assistant Attorney GeneralGrants Pass, OR 97527

541) 474- 5460 Ext. 4402 Date:

[email protected]

State Contact:Kelli Sparkman

ODOT Region 3 Local Agency Liaison100 Antelope Road

White City, OR 97503541) 774-6383

Kelli. [email protected]

5


EXHIBIT A — PROJECT LOCATION MAP

Project Location

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6


EXHIBIT B

Progress Reports and Project Change Request Process

Agreement No. 28215

Key Number: 17170

Project Name: Grave Creek Covered Bridge Preservation (#141005)

1. Project Description ---The existing bottom tension chords of the truss consist of athree- leaf timber system. A February 2010 bridge inspection identified breaks in twoof the three leafs, eliminating the redundancy of the three- leaf system and makingthe structure more susceptible to collapse in an overload situation. The inspection

also noted the accumulation of moisture retaining debris on the top of the bottomtension chords due to the close fit of the siding against the outside face of the chord,retaining debris that hasten decay rather than allowing debris to fall away. Theproposed work addresses the structural deficiency of the bottom tension chord andthe retention of moisture retaining debris, and preserves the historic appearance ofthe structure. The proposed work consists of the following:

Install a post-tensioning system at both bottom truss chords to providesupplemental and redundant tension capacity at the bottom chords. The post-tensioning system will be concealed within the housing siding and will not changethe visual appearance of the bridge.

Remove, replace and repaint existing siding to access the work and restore theappearance of the bridge. Contain and dispose of siding contaminated with leadpaint.

Modify the lower siding connection to provide an open space between thesiding and the truss chord to reduce the accumulation of debris.

Provide temporary traffic control to accommodate the work.

Repair/ replace cedar roofing.

2. This Project is subject to progress reporting and project change process as stated inparagraphs No. 3 through No. 5 below.

3. Monthly Progress Reports ( MPR) - Agency shall submit monthly progress reportsusing MPR Form 734-2862, attached by reference and made a part of thisAgreement. The Monthly Progress Report is due by the

5th

day of each month,starting the first month after execution of this Agreement, and continuing through thefirst month after State issues Project Acceptance ( Second Note) for the Project's

construction contract.

7


The fillable MPR form and instructions are available at the following address:http://www.oregon.qov/ODOT/HWY/LGS/online.shtml

4. Project Milestones — The Parties agree that the dates shown in Table 1 constitute

the intended schedule for advancing and completing the Project. Project Milestonesmay only be changed through amendment of this Agreement, after obtaining anapproved Project Change Request.

Table 1: Project Milestones

Milestone DescriptionCompletion

Date

1 Obligation ( Federal Authorization) of NHCBP Funds for 3/ 15/ 12

the Preliminary Engineering phase of Project

2 Obligation ( Federal Authorization) of NHCBP Funds for 5/ 31/ 13

the Construction phase of Project

3 Project Completion based on State issuing Project 10/ 31/ 13

Acceptance or "Second Note"

a. The Parties agree that the target delivery date for the Project's Plans,

Specifications, and Estimates" ( PS& E) package is April 2013.

5. Project Change Request (PCR) Process - Agency must obtain approval fromState' s Contact and State' s NHCBP Program Manager for changes to the Project's

scope and schedule as specified in paragraphs 5a and 5b below. Agency shall befully responsible for all costs that occur outside the established Project scope,schedule or budget and prior to an approved PCR.

a. Scope - A PCR is required for any significant change or reduction in the scope ofwork described in the Project Description ( Paragraph 1 of this Exhibit).

b. Schedule— A PCR is required if Agency or State' s Contact anticipate that anyProject Milestone will be delayed by more than ninety ( 90) days, and also for anychange in schedule that will require amendment of the Statewide Transportation

Improvement Program (STIP).

Agency must submit all change requests using PCR Form 734-2863, incorporated bythis reference and hereby made a part of this Agreement. The PCR Form is due no laterthan thirty ( 30) days after the need for change becomes known to Agency. The PCRshall explain the requested change, the reasons for the change, and any efforts tomitigate the change. A Project Change Request may be rejected at the discretion ofState' s NHCBP Program Manager.

8


The fillable PCR form and its instructions are available at the following web site:http://www.oregon.gov/ODOT/HWY/ LGS/online.shtml

6. Consequence for Non- Performance - If Agency fails to fulfill its obligations inparagraphs No. 3 through No. 5, or does not advance the Project according to theProject Milestones, State' s course of action through the duration of Agency's defaultshall be restricting Agency consideration for future funds awarded through State' sActive Transportation Section.

9


ATTACHMENT NO. 1 to Agreement No. 28215

SPECIAL PROVISIONS

1. Agency ( if qualified through State' s " Local Agency Certification" program) or its

consultant shall, as a federal-aid participating preliminary engineering function,conduct the necessary field surveys, environmental studies, traffic investigations,

foundation explorations, and hydraulic studies, identify and obtain all requiredpermits, assist State with acquisition of necessary right of way and/ or easements,and perform all preliminary engineering and design work required to produce finalplans, preliminary/final specifications and cost estimates. State shall provide freebridge design to Agency, if Agency is eligible for such funds under ORS 366. 155( 1)h) and if Agency has made request to State for free bridge design.

2. Upon State' s award of the construction contract, Agency, or its consultant, shall beresponsible to perform all construction engineering, field testing of materials,technical inspection and project manager services for administration of the contract.

3. State may make available Region' s On- Call PE, Design and Construction

Engineering Services consultant for Local Agency Projects upon written request. IfAgency chooses to use said services, they agree to manage the work done by theconsultant and make funds available to the State for payment of those services. All

eligible work shall be a federally participating cost and included as part of the totalcost of the Project.

4. Agency shall design the Project to meet the American Association of State Highwayand Transportation Officials (AASHTO), Standard Specifications for HighwayBridges,

17th

edition and the Local Agency Guidelines ( LAG Manual).

5. Indemnification language in the Standard Provisions, Paragraphs 46 and 47; and

Paragraph 4 in regards to tort claims, shall be replaced with the following language:

a. Indemnification language in the Standards Provisions, Paragraphs 46 and 47

shall be replaced with the following language: If any third party makes any claimor brings any action, suit or proceeding alleging a tort as now or hereafter definedin ORS 30.260 ("Third Party Claim") against State or Agency with respect towhich the other Party may have liability, the notified Party must promptly notifythe other Party in writing of the Third Party Claim and deliver to the other Party acopy of the claim, process, and all legal pleadings with respect to the Third PartyClaim. 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 aParty of the notice and copies required in this paragraph and meaningfulopportunity for the Party to participate in the investigation, defense and

settlement of the Third Party Claim with counsel of its own choosing areconditions precedent to that Party's liability with respect to the Third Party Claim.

10


b. With respect to a Third Party Claim for which State is jointly liable with Agencyor 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 byAgency in such proportion as is appropriate to reflect the relative fault of State onthe one hand and of Agency on the other hand in connection with the eventswhich resulted in such expenses, judgments, fines or settlement amounts, as

well as any other relevant equitable considerations. The relative fault of State onthe one hand and of Agency on the other hand shall be determined by referenceto, among other things, the Parties' relative intent, knowledge, access to

information and opportunity to correct or prevent the circumstances resulting insuch expenses, judgments, fines or settlement amounts. State's contribution

amount in any instance is capped to the same extent it would have been cappedunder Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30. 300,if State had sole liability in the proceeding.

c. With respect to a Third Party Claim for which Agency is jointly liable with Stateor 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 Statein such proportion as is appropriate to reflect the relative fault of Agency on theone 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 theone hand and of State on the other hand shall be determined by reference to,among other things, the Parties' relative intent, knowledge, access to informationand opportunity to correct or prevent the circumstances resulting in suchexpenses, judgments, fines or settlement amounts. Agency's contribution amountin any instance is capped to the same extent it would have been capped underOregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30. 300, if ithad sole liability in the proceeding.

d. The Parties shall attempt in good faith to resolve any dispute arising out of thisAgreement and Supplemental Project Agreements. In addition, the Parties mayagree to utilize a jointly selected mediator or arbitrator ( for non- bindingarbitration) to resolve the dispute short of litigation.

6. Agency shall, at its own expense, maintain and operate the Project upon completionand throughout the useful life of the Project at a minimum level that is consistent with

normal depreciation and/ or service demand. State and Agency agree that the usefullife of this Project is defined as seventy-five (75) years.

7. Maintenance responsibilities will survive any termination of this Agreement.

11


ATTACHMENT NO. 2

FEDERAL STANDARD PROVISIONS

JOINT OBLIGATIONS

PROJECT ADMINISTRATION

1. State ( ODOT) is acting to fulfill its responsibility to the Federal Highway AdministrationFHWA) by the administration of this Project, and Agency ( i. e. county, city, unit of local

government, or other state agency) hereby agrees that State shall have full authority to carryout this administration. If requested by Agency or if deemed necessary by State in order tomeet its obligations to FHWA, State will further act for Agency in other matters pertaining tothe Project. Agency shall, if necessary, appoint and direct the activities of a Citizen' sAdvisory Committee and/ or Technical Advisory Committee conduct a hearing and

recommend the preferred alternative. State and Agency shall each assign a liaison personto coordinate activities and assure that the interests of both parties are considered during allphases of the Project.

2. Any project that uses federal funds in project development is subject to plans, specificationsand estimates ( PS& E) review and approval by FHWA or State acting on behalf of FHWAprior to advertisement for bid proposals, regardless of the source of funding for construction.

PRELIMINARY & CONSTRUCTION ENGINEERING

3. State, Agency, or others may perform preliminary and construction engineering. If Agency orothers perform the engineering, State will monitor the work for conformance with FHWArules and regulations. In the event that Agency elects to engage the services of a personalservices consultant to perform any work covered by this Agreement, Agency and Consultantshall enter into a State reviewed and approved personal services contract process and

resulting contract document. State must concur in the contract prior to beginning any work.State' s personal services contracting process and resulting contract document will followTitle 23 Code of Federal Regulations ( CFR) 172, Title 49 CFR 18, ORS 279A.055, the

current State Administrative Rules and State Personal Services Contracting Procedures asapproved by the FHWA. Such personal services contract(s) shall contain a description of thework to be performed, a project schedule, and the method of payment. Subcontracts shall

contain all required provisions of Agency as outlined in the Agreement. No reimbursementshall be made using federal-aid funds for any costs incurred by Agency or its consultantprior to receiving authorization from State to proceed. Any amendments to such contract(s)also require State' s approval.

4. On all construction projects where State is the signatory party to the contract, and whereAgency is doing the construction engineering and project management, Agency, subject toany limitations imposed by state law and the Oregon Constitution, agrees to accept allresponsibility, defend lawsuits, indemnify and hold State harmless, for all tort claims,

contract claims, or any other lawsuit arising out of the contractor's work or Agency' ssupervision of the project.

STDPRO-2011. doc 12Rev. 01- 18- 2011


REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF

TRANSPORTATION ( USDOT) FINANCIAL ASSISTANCE AGREEMENT

5. If as a condition of assistance, Agency has submitted and the United States Department ofTransportation ( USDOT) has approved a Disadvantaged Business Enterprise Affirmative

Action Program which Agency agrees to carry out, this affirmative action program is

incorporated into the financial assistance agreement by reference. That program shall betreated as a legal obligation and failure to carry out its terms shall be treated as a violation ofthe financial assistance agreement. Upon notification from USDOT to Agency of its failure tocarry out the approved program, USDOT shall impose such sanctions as noted in Title 49,CFR, Part 26, which sanctions may include termination of the agreement or other measuresthat may affect the ability of Agency to obtain future USDOT financial assistance.

6. Disadvantaged Business Enterprises ( DBE) Obligations. State and its contractor agree

to ensure that DBE as defined in Title 49, CFR, Part 26, have the opportunity to participatein the performance of contracts and subcontracts financed in whole or in part with federal

funds. In this regard, Agency shall take all necessary and reasonable steps in accordancewith Title 49, CFR, Part 26, to ensure that DBE have the opportunity to compete for andperform contracts. Neither State nor Agency and its contractors shall discriminate on thebasis of race, color, national origin or sex in the award and performance of

federally-assisted contracts. Agency shall carry out applicable requirements of Title 49,CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carryout these requirements is a material breach of this Agreement, which may result in thetermination of this contract or such other remedy as State deems appropriate.

7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered intounder this Agreement.

8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, includingTitle V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act

of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964.

9. The parties hereto agree and understand that they will comply with all applicable federal,state, and local laws, regulations, executive orders and ordinances applicable to the work

including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520,

279C. 530 and 279B.270, incorporated herein by reference and made a part hereof; Title 23CFR Parts 1. 11, 140, 710, and 771; Title 49 CFR Parts 18, 24 and 26; 2 CFR 225, and

OMB CIRCULAR NO. A- 133, Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1,USC 51- 58, Anti- Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real

Property Acquisition Policy Act of 1970, as amended and provisions of Federal-Aid PolicyGuide ( FAPG).

STATE OBLIGATIONS

PROJECT FUNDING REQUEST

10. State shall submit a Project funding request to FHWA with a request for approval of federal-aid participation in all engineering, right- of-way acquisition, eligible utility relocations and/ orconstruction work for the Project. No work shall proceed on any activity in whichfederal-aid participation is desired until such approval has been obtained. The

program shall include services to be provided by State, Agency, or others. State shall notify

13


Agency in writing when authorization to proceed has been received from FHWA. Majorresponsibility for the various phases of the Project will be as outlined in the SpecialProvisions. All work and records of such work shall be in conformance with FHWA rules and

regulations.

FINANCE

11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claimsfor federal- aid participation to FHWA in the normal manner and compile accurate cost

accounting records. Agency may request a statement of costs to date at any time bysubmitting a written request. When the actual total cost of the Project has been computed,State shall furnish Agency with an itemized statement of final costs. Agency shall pay anamount which, when added to said advance deposit and federal reimbursement payment,

will equal 100 percent of the final total actual cost. Any portion of deposits made in excess ofthe final total costs of Project, minus federal reimbursement, shall be released to Agency.The actual cost of services provided by State will be charged to the Project expenditureaccount(s) and will be included in the total cost of the Project.

12. If federal funds are used, State will specify the Catalog of Federal Domestic AssistanceCFDA) number in the Agreement. State will also determine and clearly state in the

Agreement if recipient is a subrecipient or vendor, using criteria in Circular A- 133.

PROJECT ACTIVITIES

13. State shall, if the preliminary engineering work is performed by Agency or others, review andprocess or approve all environmental statements, preliminary and final plans, specificationsand cost estimates. State shall, if they prepare these documents, offer Agency theopportunity to review and approve the documents prior to advertising for bids.

14. The party responsible for performing preliminary engineering for the Project shall, as part ofits preliminary engineering costs, obtain all Project related permits necessary for theconstruction of said Project. Said permits shall include, but are not limited to, access, utility,environmental, construction, and approach permits. All pre- construction permits will be

obtained prior to advertisement for construction.

15. State shall prepare contract and bidding documents, advertise for bid proposals, and awardall contracts.

16. Upon State' s award of a construction contract, State shall perform independent assurance

testing in accordance with State and FHWA Standards, process and pay all contractorprogress estimates, check final quantities and costs, and oversee and provide intermittent

inspection services during the construction phase of the Project.

17. State shall, as a Project expense, assign a liaison person to provide Project monitoring asneeded throughout all phases of Project activities ( preliminary engineering, right-of-wayacquisition, and construction). The liaison shall process reimbursement for federal

participation costs.

14


RIGHT OF WAY

18. State is responsible for proper acquisition of the necessary right of way and easements forconstruction and maintenance of the Project. Agency may perform acquisition of thenecessary right of way and easements for construction and maintenance of the Project,provided Agency ( or Agency's consultant) are qualified to do such work as required by theState' s Right of Way Manual and have obtained prior approval from State' s Region Right ofWay office to do such work.

19. Regardless of who acquires or performs any of the right of way activities, a right of wayservices agreement shall be created by State' s Region Right of Way office setting forth theresponsibilities and activities to be accomplished by each party. State shall always beresponsible for requesting project funding, coordinating certification of the right of way, andproviding oversight and monitoring. Funding authorization requests for federal right of wayfunds must be sent through the State' s Region Right of Way offices on all projects. Allprojects must have right of way certification coordinated through State' s Region Right ofWay offices ( even for projects where no federal funds were used for right of way, but federalfunds were used elsewhere on the Project). Agency should contact the State' s Region Rightof Way office for additional information or clarification.

20. State shall review all right of way activities engaged in by Agency to assure compliance withapplicable laws and regulations. Agency agrees that right of way activities shall be in accordwith the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, asamended, ORS Chapter 35, FHWA Federal-Aid Policy Guide, State' s Right of Way Manualand the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24.

21. If any real property purchased with federal- aid participation is no longer needed for theoriginally authorized purpose, the disposition of such property shall be subject to applicablerules and regulations, which are in effect at the time of disposition. Reimbursement to State

and FHWA of the required proportionate shares of the fair market value may be required.

22. Agency insures that all Project right of way monumentation will be conducted in

conformance with ORS 209. 155.

23. State and Agency grants each other authority to enter onto the other's right of way for theperformance of the Project.

AGENCY OBLIGATIONS

FINANCE

24. Federal funds shall be applied toward Project costs at the current federal- aid matching ratio,unless otherwise agreed and allowable by law. Agency shall be responsible for the entirematch amount, unless otherwise agreed to and specified in the intergovernmental

agreement.

25. Agency's estimated share and advance deposit.

a) Agency shall, prior to commencement of the preliminary engineering and/orright of way acquisition phases, deposit with State its estimated share of eachphase. Exception may be made in the case of projects where Agency has

15


written approval from State to use in- kind contributions rather than cash to

satisfy all or part of the matching funds requirement.

b) Agency's construction phase deposit shall be 110 percent of Agency's shareof the engineer's estimate and shall be received prior to award of the

construction contract. Any additional balance of the deposit, based on theactual bid must be received within forty-five ( 45) days of receipt of writtennotification by State of the final amount due, unless the contract is canceled.Any unnecessary balance of a cash deposit, based on the actual bid, will berefunded within forty-five ( 45) days of receipt by State of the Projectsponsor' s written request.

c) Pursuant to ORS 366.425, the advance deposit may be in the form of1) money deposited in the State Treasury (an option where a deposit is madein the Local Government Investment Pool, and an Irrevocable Limited Power

of Attorney is sent to the Highway Finance Office), or 2) an Irrevocable Letter

of Credit issued by a local bank in the name of State, or 3) cash.

d) Agency may satisfy all or part of any matching funds requirements by use ofin- kind contributions rather than cash when prior written approval has been

given by State.

26. If the estimated cost exceeds the total matched federal funds available, Agency shalldeposit its share of the required matching funds, plus 100 percent of all costs in excess ofthe total matched federal funds. Agency shall also pay 100 percent of the cost of any item inwhich FHWA will not participate. If Agency has not repaid any nonparticipating cost, futureallocations of federal funds, or allocations of State Highway Trust Funds, to that Agencymay be withheld to pay the nonparticipating costs. If State approves processes,

procedures, or contract administration outside the Local Agency Guidelines that result initems being declared nonparticipating, those items will not result in the withholding ofAgency's future allocations of federal funds or the future allocations of State Highway TrustFunds.

27. Costs incurred by State and Agency for services performed in connection with any phase ofthe Project shall be charged to the Project, unless otherwise mutually agreed upon.

28. If Agency makes a written request for the cancellation of a federal- aid project; Agency shallbear 100 percent of all costs as of the date of cancellation. If State was the sole cause of the

cancellation, State shall bear 100 percent of all costs incurred. If it is determined that the

cancellation was caused by third parties or circumstances beyond the control of State orAgency, Agency shall bear all development costs, whether incurred by State or Agency,either directly or through contract services, and State shall bear any State administrativecosts incurred. After settlement of payments, State shall deliver surveys, maps, field notes,

and all other data to Agency.

29. Agency shall follow requirements of the Single Audit Act. The requirements stated in theSingle Audit Act must be followed by those local governments and non- profit organizationsreceiving $ 500,000 or more in federal funds. The Single Audit Act of 1984, PL 98- 502 as

amended by PL 104- 156, described in " OMB CIRCULAR NO. A- 133", requires local

governments and non- profit organizations to obtain an audit that includes internal controls

and compliance with federal laws and regulations of all federally-funded programs in which

16


the local agency participates. The cost of this audit can be partially prorated to the federalprogram.

30. Agency shall make additional deposits, as needed, upon request from State. Requests foradditional deposits shall be accompanied by an itemized statement of expenditures and anestimated cost to complete the Project.

31. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalfof the Project directly to State' s Liaison Person for review and approval. Such invoices shallidentify the Project and Agreement number, and shall itemize and explain all expenses forwhich reimbursement is claimed. Billings shall be presented for periods of not less than one-

month duration, based on actual expenses to date. All billings received from Agency mustbe approved by State's Liaison Person prior to payment. Agency's actual costs eligible forfederal-aid or State participation shall be those allowable under the provisions of Title 23CFR Parts 1. 11, 140 and 710, Final billings shall be submitted to State for processing withinthree ( 3) months from the end of each funding phase as follows: 1) award date of a

construction contract for preliminary engineering ( PE) 2) last payment for right of wayacquisition and 3) third notification for construction. Partial billing ( progress payment) shallbe submitted to State within three ( 3) months from date that costs are incurred. Final billings

submitted after the three months shall not be eligible for reimbursement.

32. The cost records and accounts pertaining to work covered by this Agreement are to be keptavailable for inspection by representatives of State and FHWA for a period of six ( 6) yearsfollowing the date of final voucher to FHWA. Copies of such records and accounts shall bemade available upon request. For real property and equipment, the retention period startsfrom the date of disposition (Title 49 CFR 18.42).

33. State shall request reimbursement, and Agency agrees to reimburse State, for federal- aidfunds distributed to Agency if any of the following events occur:

a) Right of way acquisition or actual construction of the facility for whichpreliminary engineering is undertaken is not started by the close of the tenthfiscal year following the fiscal year in which the federal- aid funds wereauthorized;

b) Right of way acquisition is undertaken utilizing federal- aid funds and actualconstruction is not started by the close of the twentieth fiscal year followingthe fiscal year in which the federal- aid funds were authorized for right of wayacquisition.

c) Construction proceeds after the Project is determined to be ineligible for

federal- aid funding ( e.g., no environmental approval, lacking permits, or otherreasons).

34. Agency shall maintain all Project documentation in keeping with State and FHWA standardsand specifications. This shall include, but is not limited to, daily work records, quantitydocumentation, material invoices and quality documentation, certificates of origin, processcontrol records, test results, and inspection records to ensure that projects are completed in

conformance with approved plans and specifications.

17


RAILROADS

35. Agency shall follow State established policy and procedures when impacts occur on railroadproperty. The policy and procedures are available through State' s appropriate Regioncontact or State's Railroad Liaison. Only those costs allowable under Title 23 CFR Part 646,subpart B and Title 23 CFR Part 140, subpart I, shall be included in the total Project costs;

all other costs associated with railroad work will be at the sole expense of Agency, or others.Agency may request State, in writing, to provide railroad coordination and negotiations.However, State is under no obligation to agree to perform said duties.

UTILITIES

36. Agency shall follow State established Statutes, Policies and Procedures when impacts occurto privately or publicly-owned utilities. Only those utility relocations, which are eligible forfederal-aid participation under, the FAPG, Title 23 CFR 645A, Subpart A and B, shall be

included in the total Project costs; all other utility relocations shall be at the sole expense ofAgency, or others. State will arrange for utility relocations/ adjustments in areas lying withinjurisdiction of State, if State is performing the preliminary engineering. Agency may requestState in writing to arrange for utility relocations/adjustments lying within Agency jurisdiction,acting on behalf of Agency. This request must be submitted no later than twenty- one ( 21)weeks prior to bid let date. However, State is under no obligation to agree to perform said

duties.

37. The State utility relocation policy, procedures and forms are available through the

appropriate State' s Region Utility Specialist or State Utility Liaison. Agency shall providecopies of all signed utility notifications, agreements and Utility Certification to the State UtilityLiaison.

STANDARDS

38. Agency agrees that design standards for all projects on the National Highway System ( NHS)and the Oregon State Highway System shall be in compliance to standards specified in thecurrent " State Highway Design Manual" and related references. Construction plans shall bein conformance with standard practices of State for plans prepared by its own staff. Allspecifications for the Project shall be in substantial compliance with the most current

Oregon Standard Specifications for Highway Construction".

39. Agency agrees that minimum design standards for non- NHS projects shall be recommendedAASHTO Standards and in accordance with the current " Oregon Bicycle and Pedestrian

Plan", unless otherwise requested by Agency and approved by State.

40. Agency agrees and will verify that the installation of traffic control devices shall meet thewarrants prescribed in the " Manual on Uniform Traffic Control Devices and Oregon

Supplements".

41. All plans and specifications shall be developed in general conformance with the current

Contract Plans Development Guide" and the current " Oregon Standard Specifications for

Highway Construction" and/ or guidelines provided.

18


42. The standard unit of measurement for all aspects of the Project shall be English Units. AllProject documents and products shall be in English. This includes, but is not limited to, right

of way, environmental documents, plans and specifications, and utilities.

GRADE CHANGE LIABILITY

43. Agency, if a County, acknowledges the effect and scope of ORS 105. 755 and agrees that allacts necessary to complete construction of the Project which may alter or change the gradeof existing county roads are being accomplished at the direct request of the County.

44. Agency, if a City, hereby accepts responsibility for all claims for damages from gradechanges. Approval of plans by State shall not subject State to liability under ORS 105. 760 forchange of grade.

45. Agency, if a City, by execution of Agreement, gives its consent as required by ORS373. 030( 2) to any and all changes of grade within the City limits, and gives its consent asrequired by ORS 373. 050( 1) to any and all closure of streets intersecting the highway, if anythere be in connection with or arising out of the project covered by the Agreement.

CONTRACTOR CLAIMS

46. Agency shall, to the extent permitted by state law, indemnify, hold harmless and providelegal defense for State against all claims brought by the contractor, or others resulting fromAgency' s failure to comply with the terms of this Agreement.

47. Notwithstanding the foregoing defense obligations under Paragraph 46, neither Agency norany attorney engaged by Agency shall defend any claim in the name of the State of Oregonor any agency of the State of Oregon, nor purport to act as legal representative of the Stateof Oregon or any of its agencies, without the prior written consent of the Oregon AttorneyGeneral. The State of Oregon may, at anytime at its election assume its own defense andsettlement in the event that it determines that Agency is prohibited from defending the Stateof Oregon, or that Agency is not adequately defending the State of Oregon' s interests, orthat an important governmental principle is at issue or that it is in the best interests of the

State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims itmay have against Agency if the State of Oregon elects to assume its own defense.

MAINTENANCE RESPONSIBILITIES

48. Agency shall, upon completion of construction, thereafter maintain and operate the Projectat its own cost and expense, and in a manner satisfactory to State and FHWA.

WORKERS' COMPENSATION COVERAGE

49. All employers, including Agency, that employ subject workers who work under thisAgreement in the State of Oregon shall comply with ORS 656. 017 and provide the requiredWorkers' 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 contractors complies with these

requirements.

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LOBBYING RESTRICTIONS

50. Agency certifies by signing the Agreement that:

a) No federal appropriated funds have been paid or will be paid, by or on behalfof the undersigned, to any person for influencing or attempting to influence anofficer or employee of any federal agency, a Member of Congress, an officeror employee of Congress, or an employee of a Member of Congress in

connection with the awarding of any federal contract, the making of anyfederal grant, the making of any federal loan, the entering into of anycooperative agreement, and the extension, continuation, renewal,

amendment, or modification of any federal contract, grant, loan, or

cooperative agreement.

b) If any funds other than federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence an officer oremployee of any federal agency, a Member of Congress, an officer or

employee of Congress, or an employee of a Member of Congress in

connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL, " Disclosure

Form to Report Lobbying," in accordance with its instructions.

c) The undersigned shall require that the language of this certification beincluded in the award documents for all subawards at all tiers ( includingsubgrants, and contracts and subcontracts under grants, subgrants, loans,and cooperative agreements) which exceed $ 100,000, and that all such

subrecipients shall certify and disclose accordingly.

d) This certification is a material representation of fact upon which reliance wasplaced when this transaction was made or entered into. Submission of this

certification is a prerequisite for making or entering into this transactionimposed by Title 31, USC Section 1352.

e) Any person who fails to file the required certification shall be subject to a civilpenalty of not less than $ 10, 000 and not more than $ 100,000 for each such

failure.

Paragraphs 36, 37, and 48 are not applicable to any local agency on state highway projects.

20

BEFORE THE BOARD OF COUNTY COMMISSIONERS

IN AND FOR THE COUNTY OF JOSEPHINE

IN AND OF THE STATE OF OREGON

IN THE MATTER OF A RESOLUTION

OPPOSING A CONGRESSIONAL RESOLUTION 2012- 008

EXPANSION OF THE ROGUE RIVER

WILDERNESS AREA AND DESIGNATION )

OF ROGUE TRIBUTARIES AS

WILD AND SCENIC RIVERS

WHEREAS, on November 16, 2011 Oregon Representative to Congress Peter DeFazio

introduced H.R. 3436 which would expand the Wild Rogue Wilderness Area in the State of

Oregon, make additional wild and scenic river designations in the Rogue River area, and provide

additional protections for the Rogue River tributaries, and for other purposes; and

WHEREAS on December 15, 2011 Oregon Senator Ron Wyden introduced S. 2001 to

the Senate to the same effect; and

WHEREAS the effect of the proposed legal designation of these lands as wilderness is to

remove them permanently from multiple use management; and

WHEREAS the economic effect of removing these lands from multiple use managementis to significantly reduce the potential contribution to the economy of this County; and

WHEREAS the particular lands targeted for designation as wilderness are all Revested

Oregon and California Railroad Lands subject to the 1937 O& C Railroad Lands Act which

pursuant to that act " shall be managed... for permanent forest production and the timber thereon

shall be sold, cut and removed in conformity with the principal ( sic) of sustained yield for thepurpose of providing a permanent source of timber supply, protecting watersheds, regulatingstream flow, and contributing to the economic stability of local governments and industries, andproviding recreational facilities"; and

WHEREAS revenues derived from timber production on the Oregon and California

Railroad Lands are shared directly with County government for use in its General Fund; and

WHEREAS the tributary waterways proposed for additional protections are in the heartof the most highly mineralized area in the state; and

WHEREAS both the general economy of the County and County funding are directlydependent upon commercial utilization of these lands; and

WHEREAS both H.R. 3436 and S. 2001 depend upon the legal authority of the 1964Wilderness Act; and

WHEREAS the 1964 Wilderness act defines " wilderness- as " an area where the earth

and its community of life are untrammeled by man"" and as " an area of undeveloped Federal landretaining its primeval character and influence, without permanent improvements or human

habitation""; and

WHEREAS the lands proposed for wilderness designation are in the heart of lands which

have been intensely managed according to tree plantation regeneration techniques according tothe principle of sustained yield for the past several decades; and

WHEREAS the lands and the streams subject to the new act have a history and presentutilization for significant mineral production; and

Resolution 2012- 008

Page 2 of 2

WHEREAS the proposed bills may effectively result in a total mineral withdrawalregarding both the lands and the waterways; and

WHEREAS Josephine County is already burdened with contributing some 10% or 70,000

plus acres of its Federal lands to wilderness management under current law; and

WHEREAS the addition of the more than 60,000 acres proposed under this bill would

nearly double this forfeiture; and

WHEREAS the withdrawals contemplated would have the effect of permanently

removing these lands and waterways from any obligation of the Federal agencies to coordinatetheir use with any local plans or desires of the government of Josephine County.

NOW THEREFORE, IT IS RESOLVED AND PUBLICLY PROCLIAMED that

Josephine County is opposed to the enactment of H.R. 3436 and S. 2001;

AND IT IS FURTHER RESOLVED AND PUBLICLY PROCLAIMED that Josephine

County is opposed to any expansion of the Wild Rogue Wilderness Area and is opposed to anyfurther designation of water courses in Josephine County as Wild and Scenic;

AND IT IS FURTHER RESOLVED that notice of this opposition shall be officially

forwarded by the Board of County Commissioners to all the members of the Oregon delegationin the United States Congress and to all appropriate State authorities;

AND IT IS FURTHER RESOLVED that notice of this opposition shall be forwarded toall appropriate local and state news media;

AND IT IS FURTHER RESOLVED that the Board of County Commissioners shallundertake any and all public activities in the form of hearings, symposiums, and consultations inthe attempt to defeat and enactment of these wilderness bills.

DATED this day of February, 2012

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

Simon G. Hare, Chair

Don Reedy, Vice-Chair

Harold Haugen, Commissioner

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