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HomeMy WebLinkAbout2011-008 Agrmt - ODOT #25537 ARRA - AMND 2 Misc. Contracts and Agreements No. 25537 AMENDMENT NUMBER 02 LOCAL AGENCY AGREEMENT American Recovery and Reinvestment Act of 2009 1-R Paving Ashland City Streets: Pavement Overlay 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 April 22. 2009, and Amendment 1 on January 8. 2010. Said Agreement covers a 2-inch pavement overlay in accordance with 1 R guidelines for Agency streets. It has now been determined by State and Agency that the Agreement referenced above shall be amended to reduce the total ARRA funding by $6,735. The $6,735 will be applied to Medford's ARRA project, Agreement No. 25515. Except as expressly amended below, all other terms and conditions of the Agreement are still in full force and effect. TERMS OF AGREEMENT, Paragraph 2, Page 2 which reads: 2. The Project shall be conducted as part of the ARRA Program under Title 23, United States Code. The total project cost is estimated at $416,607, which is subject to change. ARRA Program funds for this Project shall be limited to $416,607. The Project will be financed with ARRA funds at 100 percent of the maximum allowable federal participating amount. Agency will not be required to provide a match for the ARRA funds but will be responsible for any non-participating costs, including all costs in excess of the available federal funds. No ARRA funded invoices will be accepted and no ARRA funded payments will be made after September 30,2015. Shall be deleted in its entirety and replaced with the following: 2. The Project shall be conducted as part of the ARRA Program under Title 23, United States Code. The total project cost is estimated at $409,872, which is subject to change. ARRA Program funds for this Project shall be limited to $409,872. The Project will be financed with ARRA funds at 100 percent of the maximum allowable federal participating amount. Agency will not be required to provide a match for the ARRA funds but will be responsible for any non-participating costs, including all costs in excess of the available federal funds. No ARRA funded invoices will be accepted and no ARRA funded payments will be made after September 30,2015. TERMS OF AGREEMENT, Paragraph 6, Page 2, which reads: 6. Agency shall report to State the required reporting data by federal and state mandates for delivery of the ARRA program. State shall inform the local agencies of the reporting requirements once they have been received from FHWA and the Department of Administrative Services and such requirements shall be made a part of this Agreement. Agency/Stale Agreement No. 25537-02 Shall be deleted in its entirety and replaced with the following: 6. Agency shall report to State the required reporting data by federal and state mandates for delivery of the ARRA program. State shall inform the Agency of the reporting requirements once they have been received from FHWA and the Oregon Department of Administrative Services and such requirements shall be made a part of this Agreement. Agency is also subject to other requirements for use of ARRA funds, including but not limited to the U.S. Comptroller and Inspector General, and ARRA Sign Requirement provisions. This Amendment may be executed in several counterparts (facsimile or otherwise) all of which when together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Amendment so executed shall constitute an original. THE PARTIES, by execution of this Agreement, hereby acknowledge that its signing representatives have read this Agreement, understand it, and agrees to be bound by its terms and conditions. This Project is in the 2008-2011 Statewide Transportation Improvement Program, (Key #16518) that was approved by the Oregon Transportation Commission on November 14, 2007. The Oregon Transportation Commission on December 29, 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. On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No.2, Paragraph 1, in which authority is delegated to the Deputy Director, HighwaysJo approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission such as the Oregon Traffic Safety Performance Plan, or in a line item in the biennial budget approved by the Director. Signature Page to Follow 2 Agency/State Agreement No. 25537-02 City of Ashland, by and through its elected officials By By APPROVED AS TO LEGAL SUFFICIENCY By Agency Coun el Date ~ ~(A ClAn ? F\ 2...0\\ Aaencv Contact: Mike Faught, Public Works Director 20 East Main St. Ashland, OR 97520 faughtm@ashland.or.us (541) 552-2411 State Contact: Kelli Sparkman ODOT Local Agency Liaison 100 Antelope Rd White City, OR 97503 Kelli.sparkman@odot.state.or.us (541) 774-6383 STATE OF OREGON, by and through its De ent of Transportation By .~. Highway Division Administrator Date ;)/1 sll( APPROVALRE~OM~NDED By Flaa-/ Local Government Section Manager Date ;2.. - / ~ - ( ( APPR~V AS TO LEGAL SUFF E CY _ / By '-t I( 71 .4-- Assistant Attorney General Date 2.-( 1/ (( ORPIN Contact: Jeanette Denn Agreement Coordinator 3500 NW Stewart Parkway Roseburg, OR 97470 jeanette.m .denn@odot.state.or.us (541) 957-3508 3 -Oregon Theodt)re R. Kulongo~ki. Governor Oregon Department of Transportation Support Services Procurement Office 455 Airport Rd. SE, Bldg. K Salem, OR 97301-5348 February 17, 2011 City of Ashland Public Works AUn: Mike Faught, Director 20 East Main Street Ashland, OR 97520 Dear Mr. Faught, We have enclosed one copy for your files of the fully executed Agreement # 25537-02 for our ongoing project which covers Ashland City Streets: Pavement Overlay. This Agreement has been signed by all parties. We have retained one signed original of the fully executed Agreement # 25537-02 on file at the Oregon Department of Transportation. If you have any questions regarding this Agreement, please contact me at my e-mail address jule.youngren@odot.state.or.us or at (503) 986-2731. Sincerely, ~~. Jule Youngren Agreements Technical Assistant ODOT Procurement Office Enclosure