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City of Eugene /State of Oregon -Dept, of Transportafion <br />Agreemenf No. 24596 <br />STANDARDS <br />37. City agrees that design standards for all projects on the National Highway System (NHS) and the <br />Oregon State Highway System shall be in compliance to standards specified in the current "State <br />Highway Design Manual" and related references. Construction plans shall be in conformance <br />with standard practices of State for plans prepared by its own staff. All specifications for the <br />Project shall be in substantial compliance with the most current "Oregon Standard Specifications <br />for Highway Construction". <br />38. City agrees that minimum design standards for non-NHS projects shall be recommended <br />AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Plan", <br />unless otherwise requested by City and approved by State. <br />39. City agrees and will verify that the installation of traffic control devices shall meet the warrants <br />prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements". <br />40. All plans and specifications shall be developed in general conformance with the current "Contract <br />Plans Development Guide" and the current "Oregon Standard Specifications for Highway <br />Construction" and/or guidelines provided. <br />41. The standard unit of measurement for all aspects of the Project may be either. System <br />International (SI) Units (metric), or English Units. However, all Project documents and products <br />shall be in one or the other unit of measurement. This includes, but is not limited to, right of way, <br />environmental documents, plans and specifications, and utilities. It should be recognized that the <br />State is currently transitioning to English, and will be completely English by 2006. <br />GRADE CHANGE LIABILITY <br />42. City hereby accepts responsibility- for all claims for damages from grade changes. Approval of <br />plans by State shall not subject State to liability under ORS 105.760 for change of grade: <br />43. City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to any and all <br />changes of grade within the City limits, and gives its consent as required by ORS 373.050(1} to <br />any and all closure of streets intersecting the highway, if any there be in connection with or arising <br />out of the project covered by the Agreement. <br />CONTRACTOR CLAIMS <br />44. City shall, to the extent permitted by state law, indemnify, hold harmless and provide legal <br />defense for State against all claims brought by. the contractor, or others resulting from City's <br />failure to comply with the terms of this Agreement. <br />45. Notwithstanding the foregoing defense obligations under Paragraph 45, neither City nor any <br />attorney engaged by City shall defend any claim in the name of the State of Oregon or any <br />agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or <br />any of its agencies, without the prior written consent of the Oregon Attorney General. The State of <br />Oregon may, at anytime at its election assume its own defense and settlement in the event that it <br />determines that City is prohibited from defending the State of Oregon, or that City is not <br />adequately defending the State of Oregon's interests, or that an important governmental principle <br />is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon <br />reserves all rights to pursue any claims it may have against City if the State of Oregon .elects to <br />assume its own defense. <br />13 <br />