HomeMy WebLinkAbout2005-211 AMND - E Main Project
Misc. Contracts & Agreements
No. 21888
AMENDMENT NO.1
E. Main Street (Dewey to N. Mountain Avenue)
City of Ashland
The State of Oregon, acting by and through its Department of Transportation,
hereinafter referred to as State, and the City of Ashland, acting by and through its
elected officials, hereinafter referred to as Agency, entered into an Agreement on
August 6, 2004. Said Agreement covers the E. Main Street 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 to increase funding and
update language.
Paragraph 2 of Terms of Agreement, Page 1, which reads:
1. To assist in funding the Project, Agency has requested State to exchange 2003
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 $107,969 Federal Funds for $101,491 State
fu nd s.
Shall be amended to read:
2. To assist in funding the Project, Agency has requested State to exchange Federal
Funds in the following manner:
Fiscal Year Federal Funds Exchange Rate State Funds
2003 $107,969 940/0 $101,49'1
2005 $107,969 940/0 $101,49'1
Total $215,938 $202,98:~
Agency shall exchange a total of $215,938 Federal Funds for State Funds at the ratios
defined in the above table. State shall reimburse Agency up to the total of $202,982
State funds for eligible costs incurred.
Paragraph 50 of Terms of Agreement, Page 2, which reads:
Agency/State
Agreement No. 21888-01
D. This Fund Exchange shall be on a reimbursement basis, with State funds limited
to a maximum amount of $101,491. All costs incurred in excess of the fund
exchange amount will be the sole responsibility of Agency.
Shall be amended to read:
D. This Fund Exchange shall be on a reimbursement basis, with State funds limited
to a maximum amount of $202,982. All costs incurred in excess of the fund
exchange amount will be the sole responsibility of Agency.
Paragraph 5G of Terms of Agreement, Page 2, which reads:
G. Agency 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 provisions of ORS 279.312,
279.314, 279.316, 279.320 and 279.555, which hereby are incorporated
by reference. Without limiting the generality of the foregoing, Agency
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; (iji) the
Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all
regulations and administrative rules established pursuant to the fore~,oing
laws; and (v) all other applicable requirements of federal and state civil
rights and rehabilitation statutes, rules and regulations.
Shall be amended to read:
G. Agency 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 provisions of ORS 279C.505,
279C.515, 279C.520, 279C.530 and 2798.270 incorporated herein by
reference and made a part hereof; Without limiting the generality of the
foregoing, Agency 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; (iji) the Americans with Disabilities Act of 1990 and ORS 659PI.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.
Paragraph 51 of Terms of Agreement, Page 3, which reads:
I. 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 $101,491. The cost records and accounts
pertaining to the work covered by this Agreement shall be retained for
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Agency/State
Agreement No. 21888-01
inspection by representatives of State for a period of three years following
final payment. Copies shall be made available upon request.
Shall be amended to read:
I. 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 $202,982. The cost records and accounts
pertaining to the work covered by this Agreement shall be retained for
inspection by representatives of State for a period of three years following
final payment. Copies shall be made available upon request.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year
hereinafter written.
The funding for this Fund Exchange program was approved by the Oregon
Transportation Commission on November 17, 2003, as a part of the 2004-2007
Statewide Transportation Improvement Program (STIP).
The Program and Funding Services Manager approved the Fund Exchange on August
22, 2005.
The Oregon Transportation Commission on June 18, 2003, approved Dele~)ation 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.
SIGNA TURE PAGE TO FOLLOW
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Agency/State
Agreement No. 21888-01
On November 10, 2004, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates to the Deputy
Director, Highways, the authority to approve and sign agreements over $75,000 when
the work is related to a project included in the Statewide Transportation Irllprovement
Program.
Title
STATE OF OREGON, by and through
its Department of Transportation
---. 8 Y
Deputy Director, Highways
Date
APPROVAL RECOMMENDED
8y
Region 3 Manager
Date
Date
A/jICIENCY
I
8y
Region 3 Local Agency Liaison
Date
Date
APPROVED AS
SUFFICIENCY
TO
LEGAL
Agency Contact:
City of Ashland
20 E Main Street
Ashland, OR 97520
8y
Assistant Attorney General
Date:
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