HomeMy WebLinkAbout2009-002 Agrmt AMND #3 - ODOT - CMAQ No 21139
Misc. Contracts & Agreements
No. 21139
AMENDMENT NUMBER 03
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 Numbers 1 and 2 on May 25, 2005 and December 3, 2005,
respectively. Said Agreement covers the Ashland Street Paving Project.
It has now been determined by State and City that the Agreement referenced above, shall
be amended to increase Project funding. 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 1, which reads:
This Project shall be conducted as a part of the Congestion Mitigation and Air Quality
(CMAQ) Program under Title 23, United States Code. The total Project cost is
estimated at $1,374,000. The Federal CMAQ funds are limited to $597,000. Eligible
costs for the Project will be reimbursed at the full Federal share or until the $597,000
limit is reached. City shall be responsible for the match for the federal funds and any
portion of the Project which is not covered by federal funding. The total Project cost is
subject to change. City shall be responsible for determining the amount of Federal
Funds to be applied to each phase of the Project. City is not guaranteed the use of
unspent funds for a particular phase of work. It is City's responsibility to notify State in
advance of obligating funds for a subsequent phase if City wants to release funds on
the current authorized phase(s) of work..
Shall be deleted in its entirety and amended to read:
This Project shall be conducted as a part of the Congestion Mitigation and Air Quality
(CMAQ) Program under Title 23, United States Code. The total Project cost is
estimated at $601,570, which is subject to change. The Federal CMAQ funds are
limited to $539,790. Eligible costs for the Project will be reimbursed at the full Federal
share or until the $539,790 limit is reached. City shall be responsible for the match for
the federal funds and any portion of the Project which is not covered by federal funding.
City shall be responsible for determining the amount of Federal Funds to be applied to
each phase of the Project. City is not guaranteed the use of unspent funds for a
particular phase of work. It is City's responsibility to notify State in advance of obligating
Agency/State
Agreement No. 21139
funds for a subsequent phase if City wants to release funds on the current authorized
phase( s) of work.
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 Amendment, hereby acknowledge that each Party
has read this Amendment, understands it, and agrees to be bound by its terms and
conditions.
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).
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Agency/State
Agreement No. 21139
City of Ashland, by and through its
elected officials
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Date
Date
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CITY OF
ASHLAND
20 EAST MAIN STREET
ASHLAND, OR 97520
STATE OF OREGON, by and through
its Department of Transportation
By Ul 1 .~
Deputy ~ighways
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VAL RECOMMENDED
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BY~
Region Manager
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Date
APPROVED AS TO LEGAL
SUFFmCY
By 'j( -;J A-_
Assistant Att~ney General
Date: / 2t/ ~'7
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