Misc. Contracts & Agreements
No. 20,071
AMENDMENT NO. 1
CONGESTION MITIGATION AND AIR QUALITY PROJECT
SE 20th Ave – SE 55th Ave (Hawthorne Blvd.)
The State of Oregon, acting by and through its Department of Transportation (State), and City of Portland, acting by and through its City Officials (Agency), entered into Local Agency Agreement No. 20,071 on April 12, 2002. Said agreement covers the construction of multi-modal improvements on SE Hawthorne Blvd. between SE 20th Ave and SE 55th Ave., hereinafter referred to as “Project.”
It has now been determined by State and Agency that the agreement referenced above, although remaining in full force and effect, shall be amended by this Agreement to add funding to the Project. Therefore the above mentioned agreement shall be amended as follows:
Paragraph 2 of Recitals, Page 1 which reads:
“2. By the authority in ORS 190.110, 366.770 and 366.776, 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.”
Shall be amended to read:
“2. By the authority in ORS 190.110, 366.572 and 366.576, 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.”
Paragraph 2 of Terms of Agreement, Page 2 which reads:
“2. 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 total Project cost is estimated at $2,067,000. The Federal CMAQ funds are limited to $1,500,000. Eligible costs for the Project will be reimbursed at the full Federal share or until the $1,500,000 limit is reached. 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 cost is subject to change. Agency shall be responsible for determining the amount of Federal Funds to be applied to each phase of the Project. Agency is not guaranteed the use of unspent funds for a particular phase of work. It is Agency's responsibility to notify State in advance of obligating funds for a subsequent phase if Agency wants to release funds on the current authorized phase(s) of work.”
Key #11463
Shall be amended to read:
“2. 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 total Project cost is estimated at $2,067,000. The Federal CMAQ funds are limited to $1,607,405. ($33,093 of the CMAQ funds are coming from the completed SE 39th Ave-SE 52nd Ave (Woodstock Blvd) Project. Key #08823, Agreement No. 14,691). Eligible costs for the Project will be reimbursed at the full Federal share or until the $1,607,405 limit is reached. 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 cost is subject to change. Agency shall be responsible for determining the amount of Federal Funds to be applied to each phase of the Project. Agency is not guaranteed the use of unspent funds for a particular phase of work. It is Agency's responsibility to notify State in advance of obligating funds for a subsequent phase if Agency wants to release funds on the current authorized phase(s) of work.”
Paragraph 4 d of Terms of Agreement, Page 2 which reads:
“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.”
Shall be amended to read:
“d. If State fails to receive 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.”
Paragraph 6 of Terms of Agreement, Page 3, which reads:
“6. Agency, as a recipient of grant funds, pursuant to this agreement with the State, shall assume sole liability for Agency’s breach of the conditions of the grant, and shall, upon Agency’s breach of grant 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 non-appropriated funds, up to the amount received under this agreement.”
Shall be amended to read:
“6. 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.
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.
On February 13, 2002 the Oregon Transportation Commission approved this project as a part of the 2002-2005 Statewide Transportation Improvement Program, Page 20, Key No.11463.
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 ______________________
Region 1 Manager By _____________________________
Deputy Director, Highway Division
Date ____________________
Date ___________________________
By ______________________
Tech Services Mgr/Chief Engr CITY OF PORTLAND, by and through
its Elected Officials
Date ____________________
APPROVED AS TO By _____________________________
LEGAL SUFFICIENCY Mayor
By:_______________________ By _____________________________
Agency Attorney Auditor
Date:______________________ Date ___________________________
By:_______________________
Assistant Attorney General
Date:______________________