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HomeMy WebLinkAbout1998-125 CONT AMND #2 - ODOT No 13389Department of Transportation Transportation Building Salem, OR 97310 FILE CODE: october 7, 1998 City of Ashland Attn: Barbara Christensen, City Recorder 20 E. Main Street Ashland OR 97520 AGR Enclosed for your records is a fully executed copy of Amendment No. 2 to a fund exchange agreement for improving East Main Street. This amendment decreases the funding for the project. We have retained a fully executed copy of this amendment for the Department of Transportation's files. Fran Neavoll, Agreement Specialist Construction Contracts Unit Roadway Engineering Section Enclosure FN:mt August24,1998 Misc. Contracts & Agreements No. 13389 #2 AMENDMENT NO. 2 LOCAL AGENCY FUND EXCHANGE AGREEMENT The STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State", and THE CITY OF ASHLAND, hereinafter referred to as "Agency" entered into Misc. Contracts & Agreements No. 13389 on March 4, 1995 and Amendment No. 1 on December 12, 1996. Said agreement covers the preliminary engineering and construction finance of the reconstruction of East Main Street, from Southern Pacific Railroad to Walker Avenue, Phase III project. It has now been determined by State and Agency that the agreement referenced above shall be amended by this agreement to decrease the funding for the above-mentioned project. The remaining amount of funds shall be applied to another project under a separate agreement. Paragraph 4., Page 1, which reads: 4. To assist in funding the project, Agency has requested State to exchange Federal funds which have been allocated to Agency, for State funds based on the following ratio: $94 State for $100 Federal Based on this ratio, Agency wishes to trade $418,095 Federal funds for $393,009 State funds. Paragraph 4. shall be amended to read: 4. To assist in funding the project, Agency has requested State to exchange Federal funds which have been allocated to Agency, for State funds based on the following ratio: $94 State for $100 Federal Based on this ratio, Agency wishes to trade $338,439 Federal funds for $318,132 State funds. Agreement No. 13389//2 City of Ashland Paragraph 6.D., Page 2, which reads: D. This Fund Exchange shall be on a reimbursement basis, with State funds limited to a maximum amount of $393,009. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency. Paragraph 6.D. shall be amended to read: D. This Fund Exchange shall be on a reimbursement basis, with State funds limited to a maximum amount of $318,132. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency. Paragraph 6.J., Page 3, which reads: J. Agency shall compile accurate cost accounting records. Agency shall bill State, in a form acceptable to State, no more than once a month, for costs incurred on the project. State will reimburse Agency at 100 percent of the billing amount, not to exceed $393,009. The cost records and amounts pertaining to the work covered by this agreement shall be retained for inspection by representatives of State for a period of three (3) years following final payment. Copies shall be made available upon request. Paragraph 6.J. shall be amended to read: J. Agency shall compile accurate cost accounting records. Agency shall bill State, in a form acceptable to State, no more than once a month, for costs incurred on the project. State will reimburse Agency at 100 percent of the billing amount, not to exceed $318,132. The cost records and amounts pertaining to the work covered by this agreement shall be retained for inspection by representatives of State for a period of three (3) years following final payment. Copies shall be made available upon request. 2 Agreement No. 13389 #2 City of Ashland IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day hereinafter written. The Oregon Transportation Commission on June 18, 1998, approved Subdelegation Order No. 2 in which the Director grants authority to the Deputy Director/Chief Engineer and the Deputy for Finance and Administration Operations to approve and execute agreements over $50,000 when the work is related to a project included in the STIP or is a line item in the approved biennial budget. APPROVAL RECOMMENDED Region Manager Date c?'tl ~)___ ~ ~'~ STATE OF OREGON, by and through its Department of Transportation By ~~l/d./~ ~~ Date Deputy;ri~r~lef Eng {"~j CITY OF ASHLAND, by and through its Elected Officials By ~~ City Administrator Date