HomeMy WebLinkAbout2010-073 ODOT Fund Exc Agrmt - Laurel & Hersey St
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Misc. Contracts & Agreements
No. 26612
2010 FUND EXCHANGE AGREEMENT
Laurel Street/Hersey Street Project
City of Ashland
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," hereinafter individually referred to as the "Party" and collectively referred to
as the "Parties."
RECITALS
1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and
366.576, State may enter into cooperative agreements with counties, cities and units
of local governments for the performance of work on certain types of improvement
projects with 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
t. Agency has submitted a completed and signed Part 1 of the Project Prospectus,
or a similar document agreed to by State, outlining the. schedule and costs
associated with all phases of the Laurel Street/Hersey Street Project, hereinafter
referred to as "Project."
2. State has reviewed Agency's prospectus and considered Agency's request for the
Fund Exchange. State has determined that Agency's Project is eligible for the
exchange of funds.
3. To assist in funding the Project, Agency has requested State to exchange 2010
Surface Transportation Program (STP) Federal Funds, which have been allocated
to Agency, for state funds based on the following ratio:
$94 state for $100 federal
4. Based on this ratio, Agency wishes to trade $730,000 STP Federal Funds for
$686,200 in state funds.
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Agency/State
Agreement No. 26612
5. The term of this Agreement will begin upon execution and will terminate on May
31,2012, unless extended by an executed amendment.
6. 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.
b. State dollars transferred to Agency must be used for the Project. This
Fund Exchange will provide funding for specific roadway projects and
may also be used for the following maintenance purposes:
i. Purchase or Production of Aggregate. Agency shall ensure the
purchase or production of aggregate will be highway related and
used exclusively for highway work.
ii. Purchase of Equipment. Agency shall clearly describe how it
plans to use said equipment on highways. Agency shall
demonstrate that the equipment will only be used for highway
purposes.
c. 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 to' account for expenditure of state funds.
d. This Fund Exchange shall be on a reimbursement basis, with state
funds limited to a maximum amount of $686,200. All costs incurred in
excess of the Fund Exchange amount will be the sole responsibility of
Agency.
e. State certifies, at the time this Agreement is executed, that sufficient
funds are available and authorized for expenditure to finance costs of
this Agreement within State's current appropriation or limitation of the
current biennial budget.
f. Agency (and any contractors) shall perform the work as an
independent contractor and will be exclusively responsible for all costs
and expenses related to its employment of individuals to perform the
work including, but not limited to, retirement contributions, workers
. .compensation, unemployment taxes, and state and federal income tax
with holdings.
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Agency/State
Agreement No. 26612
g. 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
279C,505, 279C.515, 279C.520, 279C.530 and 279B.270
incorporated herein by reference and made a part hereof. Without
limiting the generality of the foregoing, Agency expressly agrees to
comply with (i) Title VI of Civil Riahts Act of 1964; (ii) Title V and
Section 504 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.
h. 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.
i. Agency shall submit invoices to State on a quarterly basis, for actual
costs incurr~d by Agency on behalf. of the Project directly to State's
Project Manager for review and approval. Such invoices will be in a
form identifying the Project, the agreement number, the. invoice
number or account number or both, and will itemize all expenses for
which reimbursement is claimed. Under no conditions shall State's
obligations exceed $686,200, including all expenses. Travel expenses
will not be reimbursed.
j. Agency shall, at its own expense, maintain and operate the Project
upon completion at a minimum level that is consistent with normal
depreciation and service demand.
k. All employers, including Agency, that employ subject workers in the
State of Oregon shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are
exempt under ORS 656.126. Agency shall ensure that each of its
subcontractors complies with these requirements.
I. This Agreement may be terminated by either party upon thirty (30)
days' notice, in writing and delivered by certified mail or in person.
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Agency/State
Agreement No. 26612
1. 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:
A. If Agency fails to provide services called for by this Agreement
within the time specified herein or any extension thereof.
B. 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 ten (10) days or such longer period as State may
authorize.
2. Either Party may terminate this Agreement effective upon delivery
of written notice to the other Party, or at such later date as may be
established by the terminating Party, under any of the following
conditions:
A. If either Party fails to receive funding, appropriations, limitations
or other expenditure authority sufficient to allow either Party, in
the exercise of their reasonable administrative discretion, to
continue to make payments for performance of this Agreement.
B. 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 either Party is prohibited from paying
for such work from the planned funding source. .
3. Any termination of this Agreement shall not prejudice any rights or
obligations accrued to the Parties prior to termination.
m. 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 acknowledges and agrees that State, the Oregon Secretary of
State's Office, the federal government, and their duly authorized
representatives shall have access to the books, documents, papers, and
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Agency/State
Agreement No. 26612
records of Agency which are directly pertinent to this Agreement for the
purpose of making audit, examination, excerpts, and transcripts for a period
of six (6) years after final payment. Copies of applicable records shall be
made available upon request. Payment for costs of copies is reimbursable
by State.
8. Agency certifies and represents that the individual(s) signing this
Agreement has been authorized to enter into and execute this Agreement
on behalf of Agency, under the direction or approval of its governing body,
commission, board, officers, members or representatives, and to legally
bind Agency.
9. This Agreement may be executed in several counterparts (facsimile or
otherwise) 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 Agreement so executed shall
constitute an original.
10.
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.
ll.
I ement may be executed in several cou acsimile or
otherwise) a ich when together constitute one agreement
binding on all parties, no' ng that all parties are not signatories to
the same counter ach copy . Agreement so executed shall
constitute nginaL
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THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party
has read this Agreement, understands it, and agrees to be bound by its terms and
conditions.
The funding for this Fund Exchange program was approved by the Oregon
Transportation Commission on November 14, 2007, as a part of the 2008-2011
Statewide Transportation Improvement Program (STIP).
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Agency/State
Agreement No. 26612
The Program and Funding Services Manager approved the Fund Exchange on April 15,
2010.
The Oregon Transportation Commission on December 29, 2008, 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.
On September 15, 2006, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, Paragraph 1, in which authority is delegated to
the Deputy Director, Highways, to approve and sign agreements over $75,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program or in other system plans approved by the Oregon Transportation Commission
such as the Oregon Traffic Safety Performance Plan, or in a line item in the biennial
budget approved by the Director. The Director may also delegate to other
Administrators the authority to execute intergovernmental agreements over $75,000 for
specific programs such as transportation safety, growth management and public transit.
-SIGNATURE PAGE TO FOLLOW--
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Agency/State
Agreement No. 26612
City of Ashland, by and through its
elected officials .
By
By
4f/~/1)
Date
By
Date
APPROVED AS TO LEGAL
SU~CIEN~
By. )\WJ
Counsei
Date 5-4-10
Agency Contact:
Morgan Wayman, Project Manager
City of Ashland Public Works
51 Winburn Way, Ashland OR 97520
Office: 541-552-2414
waymanm@ashland.or.us
STATE OF OREGON, by and through
its Department of Transportation
By
Deputy
Date 7JOlWi)( lQ
'i7
A~,VAL RECOMMENDED
By~(YJ.M
Technical Services MQrJChief Engineer
Da~S--2';~J IJ
By' ~-
Regi Manager
Date sJ 17 J /0
. .
AP~~VED AS TO LEGAL
~~Fif~Ck 1/~- ,
Assistant AltineYGeneral
Date: ,-"2(1 / I c)
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-Oregon
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Theodore R. Kulongoski, Governor
O.regon Department of Transportation
Support Services
Procurement Office
455 Airport Rd. SE, Bldg. K
Salem, OR 97301-5348
May 25, 2010
City of Ashland Public Works
Attn: Morgan Wayman, P.M.
51 Winburn Way
Ashland, OR 97520
Dear Mr. Wayman,
We have enclosed one original for your files of the fully executed Agreement # 26612 for our
upcoming project which covers the Laurel Street/Hersey Street Project This Agreement has
been signed by all parties.
We have retained one signed original of the fully executed Agreement # 26612 on file at the
Oregon Department of Transportation. .
If you have any questions regarding this Agreement, please contact me at my e-mail address
jule.youngren@odot.state.or.us or at (503) 986-2731.
Sincerely,
~~
Jule Youngren
Agreements Technical Assistant
ODOT Procurement Office
Enclosure