Misc. Contracts & Agreements
No. 13,234
AMENDMENT NO. 2
CONGESTION MITIGATION AND AIR QUALITY PROJECT
Pedestrian Facilities for Transit Access
The State of Oregon, acting by and through its Department of Transportation (ODOT), and City of Portland, a municipal corporation of the State of Oregon, acting by and through its City Officials (Agency), entered into Local Agency Agreement No.13,234 on February 12, 1996 and Agreement No. 13,234 Amendment No. 1 on September 30, 1999. Said agreements propose to complete the final design, engineering and construction for prototype pedestrian way capital projects, hereinafter referred to as “Project.”
It has now been determined by ODOT and Agency that the Agreement referenced above, although remaining in full force and effect, shall be amended by this agreement to decrease the amount of funds necessary for the project: Therefore the above mentioned agreement shall be amended as follows:
Paragraph 1, 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 the counties, cities and units of local governments 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 the counties, cities and units of local governments 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.”
Amendment No. 1, Paragraph 3 of Page 1 which reads:
“3. This project shall be conducted as a part of the Congestion Mitigation and Air Quality (CMAQ) Program under Title 23, United States Code, and the Oregon Action Plan. The CMAQ funds are limited to $720,000. Agency shall be responsible for the match for the federal funds and any portion of the project which is not covered by federal funding.”
Shall be amended to read:
“3. This Project shall be conducted as a part of the Congestion Mitigation and Air Quality (CMAQ) Program under Title 23, United States Code. The CMAQ funds are limited to $645,688. Agency shall be responsible for the match for the federal funds and any portion of the Project which is not covered by federal funding.”
Page 2, Insert new Paragraphs 6, 7, and 8, to read as follows:
“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.
ODOT may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by ODOT, 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 ODOT fails to correct such failures within 10 days or such longer period as ODOT may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, 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 ODOT is prohibited from paying for such work from the planned funding source. “
“8. Agency, as a recipient of federal funds, pursuant to this Agreement with ODOT, 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 ODOT to return funds to the Federal Highway Administration, hold harmless and indemnify ODOT 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.”
All other terms and conditions of the Agreement remain in effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written.
This project was approved by the Oregon Transportation Commission on September 13, 1995 as part of the 1996-1998 Statewide Transportation Improvement Program (page 45).
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.
APPROVAL RECOMMENDED STATE OF OREGON, by and through
its Department of Transportation
By____________________________ By ____________________________
Region 1 Manager Deputy Director, Highway Division
Date__________________________ Date __________________________
APPROVAL RECOMMENDED
By _____________________________
Tech Services Mgr/Chief Engr CITY OF PORTLAND, by
and through its Elected Officials
By ____________________________
APPROVED AS TO Mayor
LEGAL SUFFICIENCY
By ____________________________
By ______________________ Auditor
Agency Attorney
Date___________________________
Date _____________________