Misc. Contracts & Agreements

             No. 19,484

 

LOCAL AGENCY AGREEMENT

ENHANCEMENT PROGRAM PROJECT

E. Bank Trail – Phase 2 (3 Bridges)

 

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 the CITY OF PORTLAND, hereinafter referred to as "Agency".

 

RECITALS

 

1.  By the authority granted in ORS 190.110, 366.770, and 366.775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties.

 

NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows:

 

TERMS OF AGREEMENT

 

1.  Under provisions of the Transportation Equity Act of the 21st Century, (TEA-21), State is required to set aside federal funds for projects to address transportation enhancement activities.

 

2.  Under said provisions, Agency plans and proposes to complete segments of the Springwater Corridor from 17th Avenue to the east side of the Union Pacific Railroad tracks, hereinafter referred to as "project". The placement of the signs shall be within the existing City of Portland Bikeway system.

 

3.  The project shall be conducted as a part of the Enhancement Program under Title 23, United States Code, and the Oregon Action Plan. The total estimated cost of the project is $4,735,000. The federal funds are limited to $4,209,000. The project will be financed with Enhancement Funds at the maximum allowable federal participating amount. Agency shall be responsible for the match for the federal funds and any portion of the project not covered by federal funding. The total project estimate is subject to change.

 

Key #11456

 

 

 

4.  This agreement may be terminated by mutual written consent of both parties.

 

State may terminate this agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions:

 

a.  If Agency fails to provide services called for by this agreement within the time 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 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 at levels sufficient to pay for the work provided in the 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 is prohibited or State is prohibited from paying for such work from the planned funding source.

 

Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination.

 

5.  The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2.

 

 

 

 

6.  Agency, as a recipient of federal funds, pursuant to this agreement with the State, shall assume sole liability for Agency’s breach of the conditions of receipt of the federal funds, including but not limited to any federal statutes, rules, program requirements and grant provisions, and shall, upon Agency’s breach of any such conditions that requires the State to return funds to the Federal Highway Administration, the grantor, hold harmless and indemnify the State for an amount equal to the funds received under this agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available

 

7.  Agency shall adopt an ordinance authorizing its city officials to enter into and execute this agreement.

 

8.  This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, 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 have been 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 of State to enforce any provision of this agreement shall not constitute a waiver by State of that or any other provision.

 

 

 

 

 

IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written.

 

This project is in the 2000-2003 Statewide Transportation Improvement Program that was approved by the Oregon Transportation Commission on October 13, 1999, page 17, key #11456. (Need new STIP language)

 

This Project is in the 2002-2005 Statewide Transportation Improvement Program (Page ________, key #__________) that was approved by the Oregon Transportation Commission on February 13, 2002. The federal funding for this Project is contingent upon approval by the FHWA. Any work performed prior to acceptance by FHWA will be considered nonparticipating and paid for at Agency expense.