HomeMy WebLinkAbout2000-230 Agrmt - ODOT - Water St BridgeO OI1
John A. Kitzhaber, M,D., Governor
Department of Transportation
Transportation Building
355 Capitol St. NE
Salem Oregon 97301
FILE CODE: AGR
December 29, 2000
City of Ashland
Attn: Barbara Christensen, City Recorder
20 E Main St.
Ashland, OR 97520-1849
Enclosed for your records is a fully executed copy of Fund Exchange
agreement number 18615. This agreement covers expenses associated with
replacement of the Water Street Bridge (# 296Y2).
We have retained a fully executed copy of this agreement for the Department of
Transportation's files.
Rob Heyman, Agreement Specialist
Construction Contracts Unit
Roadway Engineering Section
Enclosure
RH:ws
Form 734-3122 (4-99)
September 19, 2000
Misc. Contracts and Agreements
No.18615
2000 FUND EXCHANGE AGREEMENT
Water Street Bridge
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
1. By the authority granted in ORS 190.110, 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 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 OFAGREEMENT
1. Agency has submitted a completed and signed Part I of the Project Prospectus
outlining the schedule and costs associated with all phases to replace the Water Street
Bridge #296Y2, hereinafter referred to as "Project".
2. To assist in funding the project, Agency has requested State to exchange 1999 &
2000 Federal Funds, which have been allocated to Agency, for State funds based on
the following ratio:
$94 State for $100 Federal
Based on this ratio, Agency wishes to trade $279,310 Federal Funds for $262,551
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.
Agreement N~). 1861~
Ashland 2000 Fund Exchange
4. This agreement shall be for two years beginning on the date State's repre-
sentative 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.
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 to replace the Water
Street Bridge #296Y2. 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 $262,651. 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.
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
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Agreement N6. 18615'
Ashland 2000 Fund Exchange
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 ail contractor payments required to complete the project.
Agency shall compile accurate cost accounting records. Agency shall
bill State in a form acceptable to State upon completion of the project.
State will reimburse Agency at 100 percent of the billing amount not to
exceed $262,$$1. 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.
L. 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:
If Agency fails to provide services called for by this
agreement within the time specified herein or any extension
thereof.
3
Agreement N6. 18615
Ashland 2000 Fund Exchange
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 10 days or such longer period as State
may authorize.
Either party may terminate this agreement effective upon delivery
of written notice to other party, or at such later date as may be
established by the terminating party, under any of the following
conditions:
If either party 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 either party is prohibited
from paying for such work from the planned funding source.
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.
6. Agency shall enter into and execute this agreement during a duly authorized
session of its City Council.
7. 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
4
Agreement No'. 18615'
Ashland 2000 Fund Exchange
and all necessary approvals have been obtained. Such waiver, consent, modification
or ch, ange, 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.
[SIGNATURE PAGE TO FOLLOW]
5
Agreement N0. 1861~
Ashland 2000 Fund Exchange
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 13, 1999, as a part of the 2000-2003 Statewide
Transportation Improvement Program.
The Financial Services Branch Manager approved the fund exchange on September 1,
2000.
The Oregon Transportation Commission on March 18, 1999, approved Subdelegation
Order No. 2 in which the Director grants authority to the Executive Deputy
Director/Chief Engineer to approve and execute agreements over $75,000 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.
CITY OF ASHLAND, by and through its
electe/~cials:
Title (JfJ~',d~/,,~,,~.,~l~ /¢
By.
Title
By
Title
Date
APPROVED AS TO LEGAL
SUFF~ ,,.
By (/ V._<~
Agency Attorney
Date
STATE OF OREGON, by and through its
Department of Transportation:
By ~4/'4~/~.~,~'
Exe'~t~tive Deputy Director/Chief Engineer
Date
APP. RGAIA~ REC~)MMENDED
Re.~io~ Man~'g~r
Date
APPROVED AS TO LEGAL
Asst. Attorney General
Date
Fundexch. doc\Rev. 04-12-00