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HomeMy WebLinkAbout2006-016 AMND #2 - ODOT - No 20521 Water St Bridge Misc. Contracts & Agreements No. 20521 AMENDMENT NO.2 2002 Fund Exchange Agreement Water Street Bridge 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 A~lreement on February 27,2003 and Amendment NO.1 on August 27,2004. Said AgreEiment covers the Water Street Bridge 2002 Fund Exchange 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 extend time. Paragraph 4 of Terms of Agreement, Page 2, which reads: 4. This agreement shall be for three years beginnin~ on the date State's representative executes this agreement and terminating April 30 h, 2006, unless otherwiise extended or renewed by formal agreement of the parties. Shall be deleted in its entirety and amended to read: 4. This agreement shall be for four (4) years beginning on the date State's representative executes this agreement and terminating April 30th, ~~007, unless otherwise extended or renewed by formal agreement of the parties. This amendment may be executed in several counterparts [facsimile or othl9rwise] 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 amendment so executed shall constitute an original. Except ~s expressly amended above, all other terms and conditions of the Agreement are still in full force and effect. The Parties certify that the representations, warranties and certifications contained in the original Agreement are true and correct as of the effective date of this amendment and with the same effect as though madE~ at the time of this amendment. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. 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 Agency/State Agreement No. 20521-02 biennial budget approved by the Legislature, including activities to execute! a project in the Statewide Transportation Improvement Program. On November 10, 2004, th~J~irector 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 $7'5,000 when the work is related to a project included in the Statewide Transportation Improvement Program. CITY OF ASHLAND, by and through its elected officials By Title Date AS TO LEGAL r, /19 )/' Date j '.:; (j - dc, Agency Address: City of Ashland Attn: Dawn Lamb 20 E Main St. Ashland, OR 97520 STATE OF OREGON, by and through its Department of Transportation By Deputy Director, Highways Date APPROVAL RECOMMENDED By Technical Services Manager/Chief Engineer Date By Region 3 Manager Date APPROVED AS SUFFICIENCY TO LEGAL By Assistant Attorney General Date: 2