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City of Eugene /State of Oregon Dept. of Transportation <br /> Agreement No. 21726, Amendment No. 1 <br /> 38. Agency agrees that minimum design standards far non-NHS projects shall tae recommended <br /> AASHTO Standards and in accordance with the current Oregon Bicycle and Pedestrian <br /> - Plan, unless otherwise requested by Agency and approved by State. <br /> 39: Agency ,agrees and will verify that the installation of traffic control devices shall meet the <br /> warrants prescribed in the Manual can Uniform Traffic Control Devices and Oregon <br /> Supplements. <br /> 40. All plans and specifications shall be developed. in general conformance with the current <br /> Contract Plans Development Guide and fihe current Oregon Standard Specifications for <br /> Highway Construction and/ar guidelines provided. <br /> 41, The standard unit of measurement for all aspects of the Project may be either System <br /> International (Sq Units (metric), or English Units.. However, all Project documents and <br /> products shall be in one or the other unit of measurement. This includes, but is not limited <br /> ta, right~af-way, environmenfial documents, plans and specifications, and utilities. It should <br /> be recognized that the State is currently firansitianing to English, and will be completely <br /> English by 2006. <br /> GRApE CHANGE LIAEILITY <br /> 42. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and.agrees that all <br /> acts necessary to complete construction of the Project which may alter or change the grade <br /> of existing county roads are being accomplished at the direct request of the County. <br /> 43. Agency, if a City, hereby accepts responsibility for all claims for damages from grade <br /> changes. Approval of plans by State shall not subject State to liability under ORS 105,760 <br /> far change of grada. <br /> 44. Agency, if a City, by execufiion of Agreement, gives its consent as required by QRS <br /> 373.030(.2) to any and all changes of grade within the City limits, and gives its consent as <br /> .required by ORS 373:Q50(1) to any and all closure of streets infiersecting the highway, if any <br /> there be in connection with or arising out caf the project covered by the Agreement. <br /> CONTRACTOR CLAIMS <br /> <br /> 45. Agency shall, to the extant permitted by state law, indemnify; hold harmless and provide <br /> legal defense for State against all claims brought by fihe contractor, ar others resulting from <br /> Agency's failure to comply with the fierms of fihis Agreement. <br /> <br /> ~6. Natwithsfianding the foregoing defense obligations under paragraph 45, neither Agency nor <br /> any attorney engaged by Agency shall defend any claim in the name of the Sfiafi~ of Oregon <br /> or any agency of the Stafie of Oregon, nor purport to acfi as legal representative of the State <br /> of Oregon or any of its agencies, withaufi fihe prior written consent of the Oregon Attorney <br /> General. The State of Oregon may, at anytime at its elecfiion assume its owri defense and <br /> settlement in the event that it determines that Agency is prohibited #ram defending the State <br /> of Qregan, or that Agency is not adequately defending the State of Oregon's interests, or <br /> that an important governmental principle is at issue or that it is in the best interests of fihe <br /> 11 <br /> <br />