HomeMy WebLinkAbout2011-098 Agrmt - ODOT #27843 N Mtn Ave-Hersey St
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Misc. Contracts and Agreements
No. 27843
2011 FUND EXCHANGE AGREEMENT
N. Mountain Avenue - Hersey Street to Interstate 5
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 City of Ashland, acting by and through its elected officials, hereinafter referred to as
"Agency," both herein referred to individually or collectively as "Party" or "Parties."
RECITALS
1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and
366.576, ODOT 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.
2. The project is listed as Key Number 17250 in the 2010-2013 State Transportation
Improvement Program (STIP)
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
1. 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 N. Mountain Avenue - Hersey Street to Interstate 5 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 2011
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 $346,272 federal funds for $325,495.68
state funds.
Fund Exchange IGA (Revised April 11, 2011)
5. The term of this Agreement will begin upon execution and will terminate two (2)
calendar years after all required signatures are obtained 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 funds 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 $325,495.68. 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 withholdings.
g. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances ap'plicable to the work under this Agreement, including,
without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520,
279C.530 and 2798.270 incorporated herein by reference and made a part
hereof. Without limiting the generality of the foregoing, Agency expressly agrees
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to comply with (i) Title VI of Civil Riqhts 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 monthly basis, for actual costs
incurred 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 $325,495.68, 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. Employers Liability insurance with coverage limits of not less than
$500,000 must be included. 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.
i. 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 ttiis Agreement, or
so fails to pursue the work as to endanger performance of this Agreement
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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.
ii. 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.
Iii. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
m. State and Agency 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 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.
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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.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
The funding for this Fund Exchange program was approved by the Oregon
Transportation Commission on September 22,2010, as a part of the 2010-2013
Statewide Transportation Improvement Program (STIP). .
The Program and Funding Services Manager approved the Fund Exchange on
6/6/2011 .
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Date lj /'Z '/1
Date
APPROVED AS TO LEGAL
SU;pCY
By W~c=...
Cou e
Date ~h~/
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Agency Contact: .
Karl Johnson
Assistant Engineer
20 East Main Street
Ashland, OR 97520
541.488.5347
johnsonk@ashland.or.us
State Contact:
Alexandra Krull '
Region 3 Fund Exchange Coordinator
3500 NW Stewart Parkway
Roseburg, OR 97470
541.957.3635
akrull@odot.state.or.us
27843
STATE OF OREGON, by and through
its Department of Transportation
By
Region 3 Manager
Date
APPROVAL RECOMMENDED
By
Region 3 Fund Exchange Coordinator
Date
By
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date
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