HomeMy WebLinkAbout1998-119 Fund Exchange - ODOTAugust 12, 1998
Misc. Contracts and Agreements
No. 16722
1998 FUND EXCHANGE AGREEMENT
Union St. (Rogue Valley Hwy to Auburn St.)
THIS AGREEMENT is made and entered into by and between 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".
RECITALS
By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative
agreements with counties and cities for the performance of work on certain types of
improvement projects xvith the allocation of costs on terms and conditions mutually agreeable
to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
Agency has submitted a completed and signed Part I of the Project Prospectus outlining the
schedule and costs associated with all phases of the reconstruction of Union Street, from
Rogue Valley Highway to Auburn Street, hereinafter referred to as "project".
2. To assist in funding the project, Agency has requested State to exchange 1998 Federal Funds
which have been allocated to Agency tbr State funds based on the following ratio:
$94 State for $100 Federal
Based on this ratio, Agency wishes to trade $94,273 Federal Funds for $88,617 State Funds.
3~ State has reviewed Agency's prospectus, considered Agency's request for the fund exchange,
and has determined that Agency's project is eligible for the exchange funds.
This agreement shall be fbr two years beginning on the date State's representative executes
this agreement and terminating two calendar years later on the same month and day, unless
otherwise extended or renewed by formal agreement of the parties.
Agreement No. 16722
City of Ash land
5. The parties agree that the exchange is subject to the following conditions:
A. The Federal Funds transferred to State may be used by State at its discretion.
State dollars transferred to Agency must be used for the Union Street, from Rogue Valley
Highway to Auburn Street, project. This fund exchange is to provide funding for specific
roadway projects and is not intended for maintenance.
State funds may be used for all phases of the project, including preliminary engineering,
right of way, utility relocations and construction. Said use shall be consistent with the
Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution). Agency
shall be responsible for accounting for expenditure of State Funds.
This Fund Exchange shall be on a reimbursement basis, with State funds limited to a
maximum amount of $88,617. All costs incurred in excess of the fund exchange amount
will be the sole responsibility of Agency.
State certifies at the time this agreement is written that sufficient funds are available and
authorized for expenditure to finance costs of this agreement within State's current
appropriation or limitation. Funds available for reimbursement on or after July 1, 1999
are contingent upon the legislatively approved budget of State.
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Agency shall be responsible for all costs and expenses related to its employment of
individuals to perform the work under this agreement, including but not limited to
retirement contributions, workers' compensation, unemployment taxes, and State and
Federal income tax withholding.
Agency 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, Agency 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 rights and rehabilitation statutes, rules and regulations.
Agency, or its consultant, shall conduct the necessary preliminary engineering and design
work required to produce final plans, specifications and cost estimates; purchase all
necessary right of way in accordance with current State and Federal laws and regulations;
obtain all required permits; be responsible for all utility relocations; advertise for bid
proposals; award all contracts; perform all construction engineering; and make all
contractor payments required to complete the project.
Agree~nent No. 16722
City of Ashland
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Agency shall submit a copy of the project plans and specifications to State for review two
weeks prior to advertisement for construction bid proposals. State shall notify Agency of
any changes or modifications it deems necessary prior to advertisement. Failure to
suggest changes shall in no way constitute State approval of the plans and specifications.
Agency shall compile accurate cost accounting records. Agency shall bill State in a form
acceptable to State no more than once a month for costs incurred on the project. State
will reimburse Agency at 100 percent of the billing amount not to exceed $88,617. The
cost records and accounts pertaining to the work covered by this agreement shall be
retained for inspection by representatives of State for a period of three years following
final payment. Copies shall be made available upon request.
Agency shall upon completion of project maintain and operate the project at its own cost
and expense.
The Agency, its consultant or subcontractors, if any, and all employers working under
this agreement are subject employers under the Oregon Workers' Compensation Law and
shall comply with ORS 656.017 which requires them to provide workers' compensation
coverage for all their subject workers.
M. This agreement may be terminated by mutual written consent of both parties.
State may terminate this agreement effective upon delivery of written notice to Agency,
or at such later date as may be established by State, under any of the following
conditions:
1. If Agency fails to provide services called for by this agreement within the time
specified herein or any extension thereof.
If Agency fails to perform any of the other provisions of this agreement, or so
fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from State fails to
correct such failures within 10 days or such longer period as State may authorize.
3. If State fails to receive funding, appropriations, limitations or other expenditure
authority at levels sufficient to pay for the work provided in the agreement.
If Federal or state laws, regulations or guidelines are modified or interpreted in
such a way that either the work under this agreement is prohibited or State is
prohibited from paying for such work from the planned funding source.
Agreement No. 16722
City of Ashland
Any termination of this agreement shall not prejudice any rights or obligations accrued to
the parties prior to termination.
State and Agency hereto agree that if any term or provision of this agreement is declared by a
court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any
law, the validity of the remaining terms and provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if the agreement did not
contain the particular term or provision held to be invalid.
7. Agency shall enter into and execute this agreement during a duly authorized session of its
City Council.
This agreement and attached exhibits constitute the entire agreement between the parties on
the subject matter hereof. There are no understandings, agreements, or representations, oral
or written, not specified herein regarding this agreement. No waiver, consent, modification
or change of terms of this agreement shall bind either party unless in writing and signed by
both parties and all necessary approvals have been obtained. Such waiver, consent,
modification or change, if made, shall be effective only in the specific instance and for the
specific purpose given. The failure of State to enforce any provision of this agreement shall
not constitute a waiver by State of that or any other provision.
4
Agreement No. 16722
City of Ashland
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the
day and year hereinafter written.
The funding for this fund exchange program was approved by the Oregon Transportation
Commission on October 15, 1997, as a part of the 1998-2001 Statewide Transportation
Improvement Program.
The Financial Services Branch Manager approved the fund exchange on August 6, 1998.
The Oregon Transportation Co~nmission on June 18, 1998, approved Subdelegation Order No. 2
in which the Director grants authority to the Deputy Director/Chief Engineer to approve and
execute agreements over $50,000 when the work is related to a project included in the Statewide
Transportation Improvement Program or is a line item in the approved biennial budget.
APPROVAL RECOMMENDED
Date
STATE OF OREGON, by and through
its Department of Transportation
By Deputy DirectOr/Chief Engine~er
Date 6[/2-~'f'[['~
APPROVED AS TO
LEGAL SUFFICIENCY
By
Date
Agency Attorney
CITY OF ASHLAND, by and
through its elected officials
Date
Inhn \. kitxh,d,er, \11),t ,,,,. urn~t
Department of Transportation
Transportation Building
Salem, OR 97310
FILE CODE:
October 1, 1998
City of Ashland
Attn: Barbara Christensen, City Recorder
20 E. Main Street
Ashland OR 97520
AGR
Enclosed for your records is a fully executed copy of Fund Exchange
Agreement No. 16722 covering improvements to Union Street from Rogue
Valley Highway to Auburn Street.
We have retained a fully executed copy of this agreement for the Department of
Transportation's files.
Julie Redden, Agreement Coordinator
Construction Contracts Unit
Project Support Section
Enclosure
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