From: Gerald Fisher

Sent: Mon Oct 21 14:38:40 2019

To: Jody Newland

Subject: RE: IGA with ODOT

Importance: Normal

Hi Jody,

See comments in red below.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: Jody Newland <jnewland@cityofmolalla.com>

Sent: Monday, October 21, 2019 12:18 PM

To: Gerald Fisher <gfisher@cityofmolalla.com>

Subject: IGA with ODOT

Hi Gerald,

I have a question regarding the IGA with ODOT.

As I was reading (terms of agreement #2 & #3), if ODOT goes over budget at all, we are responsible for all their overages. So, our cost could rise significantly by their possible delays and their contribution isn’t impacted in the same way. Is this normal? This is standard ODOT language and impossible to get it changed.

Second of all, is it wise? We don’t have any control over the project, but we have to pay for overages. Could we split the potential overages instead? Is there incentive for them to finish early or even on time? There is a lot riding PR wise on their performance and they have stated in a Council meeting that they expect the project to come in on budget. If there is any chance that that might change then Dan and I will be on them about bringing in the project on time and in budget.

I know these details are not really my business, I am just trying to understand how this all works and why. It doesn’t really change the fact that we need the IGA. I feel like we have no choice but to work on ODOT’s terms. It absolutely is your business and you have the right to ask and, if necessary, pin ODOT’s ears and mine back if you have concerns. You and the Council are our hammer if ODOT staff strays off course. The Region 1 Director and the State Director do not want to get angry calls and emails from elected officials. I have faith in Tova and her design group. I will lean on Paul for construction and right of way to make sure those two groups don’t go sideways. In the end, we will get paid back for every cent that goes into the intersection. I’ve heard from all of the ODOT staff that they want this project to be successful and they are invested in seeing that happen.

Thanks for your thoughts when you get time,

Jody