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HomeMy WebLinkAbout2011-001 Grant - ODOT ConnectOregon III-27016 Misc. Contracts and Agreements No. 27016 GRANT AGREEMENT ConnectOregon III MULTI MODAL TRANSPORTATION FUND PROGRAM 2010 RURAL AIRPORT FUND Design, Runway Overlay, PAPllnstaliation THIS GRANT PROGRAM AGREEMENT, hereinafter referred to as "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 "ODOT," and the City of Ashland, acting by and through elected officials, hereinafter referred to as "Recipient," hereinafter individually referred to as the "Party" and collectively referred to as the "Parties. " RECITALS 1. By the authority granted in Oregon Revised Statute (ORS). 190.110, 366.572, and 366.576, state agencies may enter into agreements with counties, cities, and units of local government for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform. 2. By the authority granted in ConnectOregon Partnership - Program Administration Agreement No. 26593, between the Oregon Department of Aviation and ODOT, incorporated herein and by this reference made a part hereof, ODOT may enter into this Agreement for the performance of work on Projects. 3. Pursuant to ORS 367.080 through 367.086, there is established the Multimodal Transportation Fund, separate and distinct from the General Fund, aliowing for the issuance of lottery bonds for the purpose of financing grants and loans to fund Transportation Projects to public bodies and private entities that involve air, marine, rail or public transit The Multimodal Transportation Fund Program is focused on improving the connections between air, rail, marine and transit modes of transportation to reduce transportation costs to businesses, remove key bottlenecks, and increase connectivity. 4. Pursuant to Enrolled House Bill 2001, Sections 9 and 10, The Oregon State Legislature authorized the Oregon Transportation Commission to allocate five percent of the net proceeds from the $100,000,000 lottery bond sale for the biennium beginning July 1, 2009. Five percent of the net proceeds of the $100,000,000 sale of lottery bonds are allocated to Rural Airports in Section 10(1) of Chapter 865, OL 2009. RecipienVODOT Agreement No. 27016 5. The receipt and use of Multimodal Transportation Funds and the execution of this Agreement by Recipient are subject to conditions imposed by ORS 367.080 through 367.086 and Oregon Administrative Rule (OAR) Chapter 731 Division 35. 6. The Oregon Transportation Commission approved the projects to be funded under the Multimodal Transportation Fund Program at its August 2010 meeting. The OTC has set specific conditions on all approved projects and the inability to meet these OTC conditions may result in a loss of project funding. Final approval for the Project is subject to meeting all the OTC conditions as stated below. 7. Safety is of paramount concern to ODOT. ODOT encourages Recipients of ConnectOregon grant funds to have safety as a high priority for all phases of work. DEFINITIONS 1. The Multimodal Transportation Fund Program also known as "ConnectOregon" as set forth in ORS 367.060 and OAR Ch. 731, Div. 35, is a legislatively authorized lollery-bond-based initiative to invest in air, rail, public transit, and marine transportation projects in Oregon. 2. Recipient, as defined in OAR 731-035-0020(19), means an Applicant that enters into Agreement with ODOT to receive funds from the Multimodal Transportation Fund. 3. ConnectOregon Oversight Commillee is to be composed of (A) ConnectOregon Program Manager, (S) Oregon Department of Aviation Director (ODA), (e) ODOT Chief of Staff, (D) ODOT Freight Mobility representative, (E) ODOT Region representative, (F) ODOT . Rail Division Administrator and (G) a non-agency representative, appointed by ODOT's ConnectOregon Program Manager to address the ConnectOregon Program and Project specific issues. NOW THEREFORE, the premises being general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as foliows: TERMS OF AGREEMENT 1. Under such authority, ODOT and Recipient agree that Recipient shall provide consultant engineering for Runway 12/30 overlay and PAPI installation at the Ashland Municipal Airport, hereinafter referred to as "Project." The location of the Project is approximately as described in the application, which is attached hereto by reference and made a part hereof. The anticipated date of completion for this Project is June 30, 2010. 2 RecipienUODOT Agreement No. 27016 2. The Project cost is estimated at $195,398, which is subject to change. The ConnectOregon III grant funds are limited to $9,769 or five (5) percent of the total federal grant eligible Project costs, whichever is less. Eligible costs for this Project will be reimbursed at five (5) percent until the $9,769 limit is reached. ODOT will reimburse Recipient for five (5) percent of the invoiced federal grant Project costs, which are approved and reimbursed by the Federal Aviation Administration (FAA), at FAA's proportional share, for grants received on or after July 1, 2009 and before July 1, 2011. If the Project is not completed in accordance with, or consistent with, the Application No. 2010-RA-060, and documents provided by the Recipient to ODOT prior to the execution of the Agreement, incorporated by reference into this Agreement, and this Agreement, as they each may be amended, Recipient shall pay back all of the ConnectOregon III grant funds to ODOT. Any funds disbursed but not used for the approved Project must be returned to ODOT. 3. The term of this Agreement is effective on the date all required signatures are obtained and shall terminate five (5) years from the date of execution unless extended by a fully executed amendment. This Agreement will expire and grant funds will be terminated and redistributed by the Oregon Transportation Comrnission if this Project Agreement is not executed within one-hundred-eighty (180) days of the Oregon Transportation Commission's grant award date. RECIPIENT OBLIGATIONS 1. Recipient shall perform the work described in Terms of Agreement, Paragraph number 1 above. 2. Recipient shall comply with all requirements of ORS 367.080 through ORS 367.086 and Oregon Administrative Rule (OAR) Chapter 731, Division 35. 3. Recipient shall submit to ODOT's Project Liaison for review and approval, monthly invoices for approved eligible costs. Recipient shall also submit monthly progress reports by the first Wednesday of each month. a. The invoice must adhere to generally accepted accounting principals and will identify the Project, Agreement number, the Project start and end date, .the invoice number or the account number or both, and wili itemize all expenses as well as provide a detailed breakdown of funds expended to date and dollars remaining. b. The monthly progress report will be prepared using the, ConnectOregon Rural Airports Monthly Progress Report (Form 734-2816) attached hereto by reference and made a part of this Agreement, and will be submitted to the ODOT Project Liaison and the ODOT ConnectOregon Program Manager, the first Wednesday 3 RecipienUODOT Agreement No. 27016 of each month. The fiIIable form can be downloaded on-line at the following address: htto :/lwww.oreQon.Qov/ODOT/HWY/LGS/online.shtml c. Key Milestones for this Project are: H..J ~o/O ,,- i. Project start date: . June 22, 2ee9- 11\ ) ii. Project completion 'date: June 30, ~ :ro I/IU'-' . d. If the Recipient anticipates the Project key milestones will be delayed by more than ninety (90) days from the key milestones shown above, Recipient shall submit a Request for Change Order (Form 734-2819) to the ODOT's Project Liaison as soon as Recipient becomes aware of any possible delay. The Request for Change Order must be submitted prior to the milestone completion date shown in paragraph 2cii above. The fiIIable form can be downloaded on-line at the foliowing address: htto:/lwww.oreQon.Qov/ODOT/HWY/LGS/online.shtml. Any changes to the Project delivery schedule must be approved by the ConnectOregon Oversight Committee prior to execution of an amendment to this Agreement. The ConnectOregon Oversight Committee may choose to request review by the Oregon Transportation Commission. A Request for Change Order may be rejected at the discretion of the Oversight Committee. e. Recipient understands that no changes to the Project scope will be aliowed. f. Recipient's obligation to maintain and operate the Project wili survive termination of this Agreement. 4. Recipient shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this. Agreement, including, without limitation, the applicable provisions of ORS 279A, 2798 and 279C, as applicable, incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Recipient expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the 'Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 5. Recipient shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Oregon Department of Transportation, its officers and employees from any and all claims, suits, or action of 4 RecipienUODOT Agreement No. 27016 any nature arising out of activities of Recipient, its consultant,. its contractor, its officers, subcontractors, agents, or employees under this Agreement. .If Recipient is a local public agency, then Recipient's total liability shall not exceed the tort claims limits providing in the Oregon Tort Claims Act, ORS 30.260 and 30.300 for "local public bodies." 6. Notwithstanding the foregoing defense obligations in the paragraph above, neither Recipient nor any attorney engaged by Recipient shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon rnay, at anytime at its election assume its own defense and settlement in the event that it determines that Recipient is prohibited from defending the State of Oregon, or that Recipient is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Recipient if the State of Oregon elects to assume its own defense. 7. Recipient acknowledges and agrees that ODOT, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Recipient which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment. Copies of applicable records will be made available upon request. Payment for costs of copies is reimbursable by the requesting Party. 8. If Recipient enters into a construction contract for performance of work on the Project, then Recipient wili require its Contractor to provide the foliowing: a. Contractor shall indemnify, defend and hold harmless ODOT from and against ali claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under the resulting contract. b. Contractor and recipient shali name ODOT as a third party beneficiary of the resulting contract. c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial General Liability Insurance covering bodily injury, and property damage in a form and with coverages that are satisfactory to ODOT. This 5 RecipienVODOT Agreement No. 27016 insurance will include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage will be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence will not be less than $ 1,000,000 for each job site or location. Each annual aggregate limit will not be less than $2,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial Business Automobile Liability Insurance covering all owned, non-owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence will not be less than $1,000,000. e. Additional Insured. The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for performance of the contract will include ODOT and its divisions, officers and employees as Additional Insured but only. with respect to Contractor's activities to be performed under the resulting contract. Coverage will be primary and non-contributory with any other insurance and self- insurance. 1. Notice of Cancellation or Change. There will be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written notice from Contractor's or its insurer(s) to ODOT. Any failure to comply with the reporting provisions of this clause will constitute a material breach of contract and will be grounds for immediate termination of the resulting contract. 9. Recipient, and its Contractors, shall work as independent contractors and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, . workers' compensation, unemployment taxes, and state and federal income tax withholdings. 10.AIi employers, including Recipient, that employ subject workers in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Recipient shall ensure that each of its subcontractors complies with these requirements. 6 RecipienVOOOT Agreement No. 27016 11. Recipient and OOOT's Project Liaison shall, upon completion of all on-site work for the Project, perform an on-site review. Once review is completed, the ODOT Project Liaison shall recommend acceptance of the Project by signing the ConneclOregon Rural Airport "Recommendation of Acceptance" (Form 734-2817), which will be signed by the OOOT Project Liaison and Recipient and is hereby incorporated by reference. The full text of the above referenced exhibit may be reviewed and downloaded at the following web address: http://www.oreQon.Qov/OOOT/HWY/LGS/online.shtml 12. Recipient shall, at its own expense, maintain and operate the Project upon completion and throughout the useful life of the Project at a minimum level that is consistent with normal depreciation or service demand or both. OOOT and Recipient agree that the useful life of this Project is defined as twenty (20) years. Recipient has, by submitting its application for this ConneclOregon III grant, represented and certified to sufficient funds and to its ability to operate and maintain the Project. OOOT may conduct periodic inspections foliowing the execution of this Agreement to verify that Project is being properly maintained and continues to serve the purpose for which ConneclOregon III grant funds were provided. 13.Maintenance responsibilities and potential OOOT inspections of the Project shall survive any termination of this Agreement. 14. Recipient certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Recipient, under the direction or approval of its governing body, commission, board, officers, members, or representatives, and to legally bind Recipient and shall provide OOOT proof of such authority upon request. 15.Recipient's Project Manager is Scott A Fleury, 20 East Main St, Ashland. OR, 97520; 541-552-2416; f1eurys@ashland.or.us, or assigned designee upon individual's absence. ODOT's Project Liaison and ODOT's ConnectOregon Program Manager shall be notified in writing of any contact information changes during the term of this Agreement. ODOT OBLlGA liONS 1. Based upon the ConneclOregon III Rural Airport Program grant fund allocation allowed, ODOT agrees to pay Recipient $9,769, or five (5) percent of the total eligible Project costs, whichever is less. Eligible costs for this Project will be reimbursed at five (5) percent until the $9, 769 limit is reached. 7 RecipienVODOT Agreement No. 27016 2. ODOT shall, upon receipt of a monthly invoice and updated monthly progress report on the Project schedule, review for approval and make payment to Recipient for approved eligible costs. 3. This Agreement is contingent upon issuance and sale of lottery bonds sufficient to fund this Project. The Agreement is effective and work may begin upon execution of this Agreement, but ODOT's obligation to make Project payments is contingent upon the issuance and sale of lottery bonds by the State Treasurer. 4. ODOT shall r:nonitor the Project for compliance and notify Recipient in writing if it appears Recipient is failing to comply with Multimodal Transportation Fund Program requirements as specified in ORS Chapter 367; OAR Chapter 731, Division 35, the terms of this Agreement, Recipient's application and documents provided by the Recipient to ODOT prior to the execution of the Agreement. 5. ODOTmay impose sanctions against Recipient for failing to comply with the requirements governing the Multimodal Transportation Fund Program. Before. imposing sanctions, ODOT wili send a notice to cure to Recipient if Recipient fails to comply with Program requirements. ODOT wili aliow fifteen (15) days from the date the notice to cure is sent for Recipient to respond and correct the deficiencies noted. The following circumstances may warrant sanctions: a. Work on the approved Project has not been substantially initiated within six (6) months of the effective date of this Agreement or if continuous progress on the Project has not been maintained for six (6) months; b. State of Oregon statutory requirements have not been met; c. There is a significant deviation from the terms and conditions of this Agreement or representations of Recipient's application and documents provided by the Recipient to ODOT prior to the execution of the Agreement; d. Significant corrective actions have been found to be necessary to protect the integrity of the funds for the approved Project, and those corrective actions are not, or will not, be made within a reasonable time; e. Key Milestones shown in the Project schedule are delayed by more than ninety (90) days; f. Failure to submit monthly progress reports as required in Recipient Obligations; Paragraph number 2. 8 RecipienUOOOT Agreement No. 27016 6. One or more of the following sanctions may be imposed if the circumstances listed above are not remedied within the time specified in the notice to cure: a. Revocation of an existing award; b. Withholding of unexpended funds; c. The return of unexpended funds or repayment of expended funds; d. The barring of Recipient from applying for future assistance; or e. Other remedies that may be incorporated into this Agreement. 7. The remedies set forth in this Agreement are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. 8. ODOT's Project Liaison and Recipient shali, upon completion of all on-site work for Project, perform an on-site review. Once review is completed, the ODOT Project Liaison shall recommend acceptance of the Project by signing the ConnectOregon Recommendation of Acceptance (Form 734-2817), which wili be signed by the ODOT Project Liaison and Recipient. Upon receipt of signatures by the Parties the ODOT Project Liaison shall forward the original signed copy to the OOOT ConnectOregon Program Manager. 9. ODOT's ConnectOregon III Project Liqison is Randi Kobernik, Local Government Section, 355 Capitol St. NE, Salem, OR 97301-3871, 503.986.3734, randi.kobernik@odot.state.or.us, or assigned designee upon individual's absence. 10.0DOT's ConnectOregon III Program Manager is Carol Olsen, Local Government Section, 355 Capitol. St. NE, Salem, OR 97301-3871, 503.986.3327, carol.a.olsen@odot.state.or.us, or assigned designee upon individual's absence. GENERAL PROVISIONS 1. This Agreement may be terminated effective upon delivery of written notice to Recipient, or at such later date as may be established by OOOT under any of the following conditions: a. If Recipient fails to perform any of the provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and within ten (10) days or such longer period as 9 RecipienUODOT Agreement No. 27016 ODOT may authorize, after receipt of written notice from ODOT, fails to correct such failures. b. The Legislature fails to approve, reduces, eliminates or othervvise interferes with appropriations of state expenditure limitation to the extent that legal authority is insufficient to enable ODOT, in its reasonable discretion, to continue making payments under this Agreement. c. ODOT, the Department of Justice, or a court of competent jurisdiction determines that state law, rules, regulations, or guidelines are modified, changed, or interpreted in such a way that the activities described in Terms of Agreement, Paragraph number one (1) are no longer allowable or no longer eligible for funding proposed by this Agreement. 2. ODOT may impose one or more of the sanctions described under ODOT Obligations, Paragraph number six (6), without prior notice and without opportunity to cure, in the event ODOT determines: a. Statements, information, or representations in the ConnectOregon III application and documents provided by the Recipient to ODOT prior to the execution of the Agreement for this Project were false, misleading, fraudulent or misrepresentations; or b. There has been a change in circumstances so that information provided in the application and documents provided by the Recipient to ODOT prior to the execution of the Agreement, and relied upon in making the grant or loan, or representations conceming Considerations in the selection of this Project for ConnectOregon III, pursuant to OAR 731-035-0060, are no longer true or accurate. 3. Recipient may terminate this Agreement effective upon delivery of written notice to ODOT under any of the following conditions: a. ODOT fails to make payments due under this Agreement, or b. ODOT fails to perform any of the provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and within ten (10) days or such longer period as Recipient may authorize, after receipt of written notice from Recipient, fails to correct such failure. 4. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 10 Recipient/ODOT Agreement No. 27016 5. ODOT and Recipient are the only Parties to this Agreement and, as such, are the only Parties entitled to enforce its terms. Nothing in this Agreement gives or shall be construed to give or provide any benefit, direct, indirect or otherwise to third persons unless such third persons are expressly identified by name and specifically described as intended to be beneficiaries of its terms. 6. ODOT and Recipient hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 7a.The laws of the State of Oregon without giving effect to its conflicts of law principles govern ali matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. b.Any Party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. c. Notwithstanding subsection (b), if a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This section applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This section is also not a waiver by the State of Oregon of any form of immunity, including but .not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution 'of the United States. 8. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 9. This Agreement, Project application and documents provided by the Recipient to ODOT prior to the execution of the Agreement, constitute the entire agreement between the Parties on the subject matter hereof. In the event of a conflict, the body of this Agreement will control over the Project application and documents provided 11 Recipient/ODOT Agreement No. 27016 by the Recipient to ODOT. 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 either Party to enforce any provision of this Agreement shall not constitute a waiver by that Party of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by its terms and conditions. The Oregon Transportation Commission on December 28, 2008, approved Delegation Order No.2, which authorizes the Director to approve and execute agreements for day- to-day operations. Day-to-day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. Signature Page to Follow 12 RecipientlODOT Agreement No. 27016 The Oregon Transportation Commission at its August 2010 meeting approved the ConnectOregon III project application list and delegated authority to the Director of the Oregon Departmentof Transportation to enter into project agreements. CITY OF ASHLAND, acting by and STATE OF OREGON, by and through through its elected 0 lcials its Department of Transportation By By Date APPROVED AS TO LEGAL SUFFICIENCY Recipient Contact: Scott A. Fleury City of Ashland 20 East Main St Ashland, OR 97520 541-552-2416 f1eurys@ashland.or.us ODOT Contact: Randi Kobernik, Local Government Section 355 Capitol St. NE Salem, OR 97301-3871 503-986-3734 ra ndi .kobernik@odot.state.or.us By Director Date APPROVAL RECOMMENDED By Local Government Section Manager Date APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date 13 Reciplen.VODOT Agreement No. 27016 , The Oregon Transportation Commission al its August 2010 meeting approved lhe ConnectOregon III project application list and delegated authority to the Direclor of lhe Oregon Department of Transportation to enler Into project agreeme ts. CITY OF ASHLAND. acUng by and through Its ~Ieeled O~ici~ls _ By _~;~'-~. \.2:,\"\.'N~L"^1- Dale 1/'-// {}o/~.._ By MfA-/( ZPtw.tc4~.J. Da;e _I/i/j.o~t_._._. APPROVED AS TO LEGAL SUFFICIENCY By .-.~ Ree pient C nscr Dale II ~ 4.2...C\\\ Reolplent Contact: . , Scali A. Fleury City of Ashland 20 East Main 51 Ashland. OR 97520 541-562-2410 fleurys@ashland.or.us ODOT Contacl: Rendl Kobarnlk. LO.eel Government Seellon 355 Copilol SI. NE Salem, OR 97301.3871 503-986-3734 randl.kobamlk@odot.stolc.or.us Dale / - ;L() - I{- :~PR7Jl1~ :~FICIENCY Assistant Attorney General ///'1//1 Date 13