Attachment 1

WASHINGTON STATE DEPARTMENT OF TRANSPORATION AND DEPARTMENT OF TRANSPORTATION INTERAGENCY MEMORANDUM OF UNDERSTANDING

INTERSTATE BRIDGE REPLACEMENT PROGRAM

This is a MEMORANDUM OF UNDERSTANDING (MOU) entered into this ____ day of ______20__ between the State Department of Transportation, hereinafter referred to as “WSDOT” and the Oregon Department of Transportation, hereinafter referred to as “ODOT.”

PURPOSE • The Interstate Bridge carries traffic across the between Portland, Oregon and Vancouver, Washington. The movable spans on the Interstate Bridge include the only stoplight on I-5 between Mexico and Canada, and they lift approximately 400 times per year. The northbound bridge opened in 1917 and the southbound bridge opened in 1958. • The Interstate Bridge Replacement Program (IBRP) is recognized by the Oregon and Washington Departments of Transportation as being significant to the future of the Pacific Northwest. • By modernizing this aging infrastructure, the IBRP will address seismic vulnerability, safety, congestion, freight mobility, increase reliable transit options and add bicycle/pedestrian connections. • The IBRP is a product of the I-5 Partnership Strategic Plan adopted in 2002. • The Strategic Plan articulates a 20- to 30-year vision for the I-5 corridor in Portland and Vancouver that is being implemented in phases. The Interstate Bridge replacement and 5-mile corridor segment surrounding it is the last phase in the plan unfunded for construction. • Previous work that received federal approval for construction (the Project) was accomplished through the joint efforts of eight partner agencies (state leads: ODOT, WSDOT; National Environmental Policy Act co-leads: C-TRAN, TriMet, Oregon Metro and Southwest Washington Regional Transportation Council; and non-signatories: cities of Portland and Vancouver) in coordination with federal partners, state and local elected officials, permitting agencies, sovereign tribal governments, stakeholders and the public. • WSDOT and ODOT will serve as lead partners for this work in coordination with local partner agencies and will form a team to manage the program (Program Team) on behalf of both departments of transportation. • An essential first step is for the eight bi-state partner agencies to work together to determine how key decisions will be made in ways that reflects broad regional input. • This MOU is intended to be in effect until a formal agreement between ODOT and WSDOT can be executed. • The following provisions outline how this team will manage the work, coordinate between the agencies, and develop the program.

NOW THEREFORE IT IS MUTUALLY AGREED between the parties hereto as follows:

Page 1 of 3 ODOT-WSDOT MOU – Interstate Bridge Replacement Program 1. ORGANIZATION. The Parties intend to establish a Program Team that will be responsible to manage and deliver work necessary to replace the Interstate Bridge. The Program Team will be collaborative and transparent, and will strive toward building consensus while making efficient, non-duplicative decisions throughout the duration of the IBRP. The Program Team will consist of appointed leads from each state and assigned supporting staff.

• Appointed leads in each state will direct the Program Team until WSDOT and ODOT enter into a formal agreement with a combined organizational structure. Until the formal agreement is signed, the appointed leads may elevate decisions as necessary through their respective organizations. • To develop a bridge replacement program with broad regional support, the Program Team will coordinate with local partner agencies, the public, permitting agencies and other interested parties, groups and stakeholders. For local partner agencies, WSDOT and ODOT agree to coordinate a partnering workshop with these agencies to identify roles and responsibilities and develop a process to ensure informed decision making and provide guidance on regional policies and perspectives. • Members from each state legislature have been appointed to formal legislative committees for the purpose of re-engaging bi-state legislative efforts towards Interstate Bridge replacement. They will work with ODOT, WSDOT, the Oregon Transportation Commission, and stakeholders to begin a process toward project development. The Program Team will provide reports as directed to the committee.

• OTHER PARTIES – The Program Team will engage other key stakeholders, jurisdictions, and agencies as needed. The Program Team recognizes the legal responsibilities of the FHWA, FTA and MPOs regarding inclusion of the program within their planning and authorization processes.

2. COMMUNICATION. Communication regarding the IBRP will be open, regular, and inclusive. The Program Team will work toward providing regular public updates throughout the duration of the IBRP, including input received.

3. CO-LOCATION. It is the intent of ODOT and WSDOT to co-locate the entire Program Team as the IBRP progresses, including partner agencies and program consultants.

4. PROJECT DELIVERY. ODOT and WSDOT are committed to implementing this Program on an expedited basis as compared to more traditional approaches to project delivery.

5. ENVIRONMENTAL AND OTHER STUDIES. The purpose is to advance the IBRP through a Notice of Intent and the NEPA process. The anticipated work activities are summarized below: • Partnering workshop • Reengagement of key stakeholders and the public • Program Management Plan • Reevaluation of the purpose and need

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• Reexamine the potential mass transit options • Data collection and preliminary traffic and tolling analysis • Develop and implement communication and outreach strategy • Reevaluation of scope, schedule, and budget • Conceptual engineering, environmental analysis, and permitting • Analyze preliminary tolling options • Prepare conceptual financial analyses • Analyze federal and state administrative and statutory requirements and procedures • Risk assessment and cost estimating validation process • Other activities needed to advance toward NEPA completion • Draft a report that evaluates governance structures of a bridge authority • Rulemaking for Projects of Statewide Significance in WA State

6. FUNDING PLAN. ODOT has dedicated $9 million and WSDOT has dedicated $35 million for the IBRP. These funds will be used to advance the program into the re-evaluation of the NEPA work. The Program Team will develop and update as needed throughout the program potential funding strategies and a financial operations plan. Cost allocation between the states for expenditures by this program will be detailed in a formal bi-state agreement for this program.

7. APPROVAL AND FUTURE REVISIONS TO THE MOU. It is understood that mutually agreed-upon changes may occur to this MOU. The MOU will be updated as needed. This MOU and all amendments thereto must be approved by the Oregon Transportation Commission in order to be in effect.

8. PUBLIC PRIVATE PARTNERSHIP. This MOU is not an agreement, pursuant to OAR 731-070- 0050(5), allowing ODOT to consider unsolicited proposals for public private partnership under ORS 367.800 to 367.824. This MOU is not an agreement, pursuant to chapters 47.29 and 47.46 RCW.

The undersigned hereby acknowledges, agrees, and accepts the provisions as set forth in this MEMORANDUM OF UNDERSTANDING.

______Kris Strickler, Oregon Department of Transportation Director

______Roger Millar, Washington State Secretary of Transportation

Page 3 of 3 ODOT-WSDOT MOU – Interstate Bridge Replacement Program