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Home My WebLink About2002-164 Agrmt AMND #1 - ODOT No 20309October 1, 2002 Misc. Contract~.r, eements No. 20309-01 AMENDMENT NO. I HIGHWAY 66 ACCESS MANAGEMENT PROJECT The State of Oregon, acting by and through its Departmenj~ of Transportation, hereinafter referred to as "ODOT", and City of Ashland, hereinafte~"~:eferred 40 ag'"GilT~,-;; entered ,nto an Agreement on January 22, 2002. Sa, d agreeme~0v~r..s._q~_sT~-~tTCrg access management improvements on Green Springs Highway (OR 66). It has now been determined by ODOT and City that the agreement referenced above, although remaining in full force and effect, shall be amended by this agreement to increase access management funds. Paragraph 2 of TERMS OF AGREEMENT, Page 2, which reads: The Project shall be conducted as a part of the Access Management Bonding Program. The total estimated cost of the Project is $450,000. City shall be responsible for any portion of the Project that is not covered by State Access Management funds. Shall be amended to read: The Project shall be conducted as a part of the Access Management Bonding Program. The total estimated cost of the Project is $550,000. City shall be responsible for any portion of the Project that is not covered by State Access Management funds. Paragraph 5 of CITY OBLIGATIONS, Page 2, which reads: City ensures that ODOT's contribution of Project costs, not to exceed $450,000 will be applied to the Highway 66 Access Management Project only. City shall be responsible for funding the remaining Project costs. Shall be amended to read: City ensures that ODO'r's contribution of Project costs, not to exceed $550,000 will be applied to the Highway 66 Access Management Project only. City shall be responsible for funding the remaining Project costs. Paragraph 14 of CITY OBLIGATIONS, Page 4, which reads: 14. City shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without Highway 66 Access Managment Project amendment 1 No 20309 No 20309-01 Agreement No. 20309-01 Hwy 66 Access Management Project 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, City expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil dghts and rehabilitation statutes, rules and regulations. Shall be amended to read: 14. City 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, City expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V 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. Paragraph 2 of ODOT OBLIGATIONS, Page 4, which reads: After the completion of the Project and upon receipt of progressive billings, ODOT shall reimburse City a sum in an amount not to exceed $450,000 for the actual costs of PE, right-of-way, CE and construction costs. Shall be amended to read: After the completion of the Project, and conditioned upon receipt of progressive billings dudng performance of the work on the Project, ODOT shall reimburse City a sum in an amount not to exceed $550,000 for the actual costs of PE, CE and construction costs. ODOT OBLIGATIONS, Paragraph 4, shall be added and by this reference made a part hereof: 4. ODOT hereby grants City the dght to enter onto and occupy ODOT right-of-way as necessary for the completion of the Project. HOLD HARMLESS PARAGRAPH shall be added and by this reference made part hereof: City and ODOT shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the other party and its members, its officers and its employees from all claims, suits, and liabilities which may occur in the performance of this agreement. 2 Agreement No. 20309-01 Hwy 66 Access Management Project All other terms and conditions of the agreement remain in effect. IN WITNESS WHEREOF, the parties hereto have set their hands and their seals as of the day and year hereinafter wdtten. The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day- to-day operations when the work is related to a project included in the statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy Director for Highways to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program. CITY OF ASHLAND, by and through its Elected Officials j City Recorder Date /////~,/~ ~ APPRO/V.~D AS Tq~ LEGAL SUFFICIENCY City Attomey. Date By_APP.,ED A~.~O v~.~ , ~'~.~__ EGAL SUFFICIENCY Assistant Attorney General STATE OF OREGON, by and through its D e I~ m ~/~° ~..T..~a n ,S/~ r t a~n By Exec t~ ~)eputy Director for ~ig~ways Date /if- "'U~'-- c~'7..~ APPR~'~L RECOMMENDED By L/'~/'F')' /~ Tech Services Manager/Chief Engineer Date //--.~Z -/JZ_ Date Agency Address City of Ashland Attn: Public Works Director 20 East Main Street Ashland OR 97520 3 Oregon JohnA Kitzhaber M D Governor Department of Transportation Transportation Building 355 Capilol St. NE Salem, Oregon 97301 FILE CODE: AGR November 29, 2002 City of Ashland Attention: Barbara Christensen, City Recorder 20 E. Main St. Ashland, OR 97520-1849 Enclosed for your records is a fully executed copy of Amendment No. 1 of Agreement number 20309. This amendment covers Highway 66 Access Management Project to increase funds. We have retained a fully executed copy of this amendment for the Department of Transportation's files. Karin JorgCj6s,C,-h, Agreements Specialist Construction Contracts Unit Roadway Engineering Section Enclosure K J/pig Form 734-3122 {4-99)