Misc. Contracts & Agreements
No. 14,195
AMENDMENT NO. 2
LOCAL AGENCY AGREEMENT
SURFACE TRANSPORTATION PROJECT - LOCAL
The State of Oregon, acting by and through its Department of Transportation (State), and the City of Portland, acting by and through its Elected Officials (Agency), entered into Local Agency Agreement No.14,195 on April 19, 1996 and Supplement No. 1 on December 31, 1997. Said agreements are for the pedestrian/bike path and crossing improvements on Front Avenue from Harrison Street to Everett Street, hereinafter referred to as “Project.”
It has now been determined by State and Agency that the agreements referenced above, although remaining in full force and effect, shall be amended by this agreement to increase the amount of STP funds to the Project. Therefore the above mentioned agreements shall be amended as follows:
Paragraph 1 of Page 1 which reads:
“1. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into cooperative agreements with counties, cities, or units of local government 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.”
Shall be amended to read:
“1. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities, or units of local government 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.”
Supplement No. 1, Paragraph 3, Page 1 which reads:
“3. The project shall be conducted as a part of the Surface Transportation Program (STP) under Title 23, United States Code, and the Oregon Action Plan. The STP 33C funds are limited to $1,811,000. The STP 33D funds are limited to $558,000. Agency shall be responsible for the match for the STP funds, and any portion of the project which is not covered by federal funding.”
Key #08822
Shall be amended to read:
“3. The Project shall be conducted as a part of the Federal-Aid Surface Transportation Program (STP), Title 23, United States Code. The total Project cost is estimated at $9,102,000. STP urban funds for this Project shall be limited to $6,174,000. The State STP funds are limited to $558,000. The Project will be financed with STP funds at the maximum allowable federal participating amount, with Agency providing the match and any non-participating costs, including all costs in excess of the available federal funds. The estimate for the total Project cost is subject to change.”
The following paragraphs shall be added:
“6. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate on completion of the Project and final payment or ten calendar years following the date all required signatures are obtained, whichever is sooner.
7. 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 sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this 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.
8. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency’s breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency’s breach of any such conditions that requires the State to return funds to the Federal Highway Administration, 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 non-appropriated funds, up to the amount received under this Agreement.
9. 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.
10. The Standard Provisions dated April 29, 1993, attached to the original No. 14,195 Agreement, executed April 19, 1996, shall be terminated, and the revised updated version, dated August 29, 2003, marked Attachment 2, is attached hereto and by this reference made a part hereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written.
The Project was approved by the Oregon Transportation Commission on February 13, 2002 as part of the 2002-2005 Statewide Transportation Improvement Program, page 15, Key # 08822.
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.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission.
On September 6, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Deputy Director for Highways to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program.
STATE OF OREGON, by and through CITY OF PORTLAND, by
its Department of Transportation and through its Elected Officials
By ____________________________ By ___________________________
Deputy Director, Highway Division Mayor
Date __________________________ By ___________________________
Auditor
APPROVAL RECOMMENDED
Date_________________________
By____________________________
Region 1 Manager
Date__________________________ APROVED AS TO
LEGAL SUFFICIENCY
APROVED AS TO By ______________________
LEGAL SUFFICIENCY Agency Attorney
By ______________________
Assistant Attorney General Date____________________
Date____________________