Loading...
HomeMy WebLinkAbout2005-250 Agrmt AMND #2 - ODOT - CMAQ No 21139 Misc. Contracts & Agreements No. 21139 AMENDMENT NO.2 CONGESTION MITIGATION AND AIR QUALITY PROJECT Ashland Street Paving 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 "City", entered into an Agreement on June 8, 2004 and Amendment No. 1 on May 25, 2005. Said Agreement covers the Ashland Street Paving Project. It has now been determined by State and City that the Agreement referenced above, although remaining in full force and effect, shall be amended to reduce the project scope. Paragraph 1 of Recitals, Page 1, which reads: 1. Walnut Street, Eureka Street, and "C" Street, are a part of the city street system, under the jurisdiction and control of City. City may enter into an agreement for the acquisition of real property by State. Said real property shall be used as part of right of way for road, street or construction of a public improvement. Shall be amended to read: 1. Eureka Street and "C" Street are a part of the city street system, under the jurisdiction and control of City. City may enter into an agreement for the acquisition of real property by State. Said real property shall be used as part of right of way for road, street or cohstruction of a public improvement. Paragraph 1 of Terms of Agreement, Page 1, which reads: 1. Under such authority, City plans and proposes to pave the following: \Nalnut Street from Grant Street to Luna Vista Street and Eureka Street and "C" Street from 8th Street to Emerick Street, hereafter referred to as "Project". The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. Shall be amended to read: 1. Under such authority, City plans and proposes to pave Eureka Street and "C" Street from 8th Street to Emerick Street, hereafter referred to as "Project". The location of the Project is approximately as shown on the sketch map attached he'reto, marked Revised Exhibit A, and by this reference made a part hereof. City of Ashland/State Agreement No. 21139-02 Paragraph 4(d) of Terms of Agreement, which reads: d. If State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the Agreement. Shall be amended to read: d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. Exhibit A is replaced in its entirety by Revised Exhibit A, attached herE~to. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. This Project is in the 2004-2007 Statewide Transportation Improvement Program (key #13340) that was approved by the Oregon Transportation Commission on November 17,2003 (or subsequently approved by amendment to the STIP. The Oregon Transportation Commission on June 18, 2003, 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. 7 Signature Page to Follow 2 City of Ashland/State Agreement No. 21139-02 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,OOO when the work is related to a project included in the Statewide Transportation Improvement Program. CITY OF ASHLAND, by and through its elected officials B~~U~.~~, Title 1l LUj fJY -- Date jl /,l-O'::> By . t~lIf-t( &~~ f1;;~ J3 v?Zkr Illtrk 1- STATE OF OREGON, by and through its Department of Transportation By Deputy Director, Highways Date APPROVAL RECOMMENDED Title By Technical Services Manager/Chief Engineer Date Date By By Right of Way Manager Title Date Date APPROVED AS TO LEGAL SUFFICIENCY By Region Manager By City Legal Counsel Date Date APPROVED AS TO LEGAL SUFFICIENCY City Address: City of Ashland Attn: Paula Brown 27 ~ Main Street Ashland, OR 97520 By Date: 3 C/)(J) cC'J Q)~ E~ Q)N Q) . L.. 0 o>Z <( ~ C/) ..... () CO L.. ..... C o U <.5 .~ ~ N o I ~cn M ,,-T'" - T'" OJN ::I: " )(0 wZ C"- wZ ~~ >w Ww 0::0::: C> ~ ;z; --' , .: '" ~ .,~if'. ~ ,,c" I GJARFLO'tIVE~ LN ,#\.>i< !.~ '?' ,j' , ; () ~ :.t / I / / ;1 I I AtfJAV ~ ot:! VflOnVJ..nYHa ~ t " it" '..\~. rn NO~31l3nla . "'>t Nwil/;t!;)li', N N\l\'flH~1/IA rfWIlH~IM MtLLPOND 'un :J :l W lIJ '" &I 6 <?: .')'O~OJ ' ~~,,(" 3001~S VIN~O;JnVJ ~ !f fi g 5 CJ 7- ,~ ~ p i Uj ~ I >lW" 3~V11I'\ '" 1.1 '" '" ;Z 0l3UWO U'I.IJ<lW III " j " :it: III III '" el III " ~ .' / III '" :> lIJ )m 13"f~ ( i ;:; ~ l,.') ...J ;~ <i /~".- . NWt~3HI N"'lO:JNll Nftll Nnon ~ .. -17\1 .1.1;"1.0 lIJ ~ V()lV It../.I{ '<'3"'3Q '<<:a ~ 'f' .J ";Vl ~u l~ ~1Il Vl~ It4 .~ -IV41;'liI dSN9cnrx;, '8 '" :c '" <~ I.~ 4'\, , 'Y~) It l'lVHS3MO <J&ffV OHVQ! 0'" $ ;;' ~~ .j;i {i ,. g ,", ,f . ~" I ~. ~':"' ' ~;jY /' ~, ~"~~~ C!l,ely ~ ~I ;I ~ g: ~ Q <) ~<? '!-I' MEADE lS3~Olll1l 5 ~ ""VlJM31 ~' ,,'" (~iI~ aa#""'" Jy~~"4.-. l II' / lIJ lIJ .J 9' :f !!' I It' J..3'U'V3'" ~(i';.\Vl 1i '" u ~ GUTHRIE A3Nt~nOO ,.. ~ tt x t~TAOIIJ~ >- ~ III (') ~ {1 o .: u' 0- m en 1f1 SORE;;; NJVtr '1';)V39 -'1 N01~ot1 I w ~ 't~{ ;~: ;~ ~ i ~' ~ .. ,~ ~ .::I:JY1$M31 ,\1 ;; ,~ ~ ~ ~ ...