HomeMy WebLinkAbout2002-181 Fund Agrmt - ODOT - #20521 Water St BridgeJanuary 8, 2003
Misc. Contracts and Agreements
No. 20521
2002 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 OF AGREEMENT
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
Federal Funds in the following manner:
Fiscal Year Federal Funds Exchange Rate State Funds
2000 $279,310 94% $262,551
2001 $108,644 92% $ 99,952
2002 $107,969 94% $101,491
Total $495,923 $463,994
Agency shall exchange a total of $495,923 Federal Funds for State Funds at
the ratios defined in the above table. State shall reimburse Agency up to the
total of $463,994 State Funds for eligible costs incurred.
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 No. 20521
Ashland 2002 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.
Bo
State dollars transferred to Agency must be used for the Water
Street Bridge #296Y2. This fund exchange is to provide funding
for specific roadway projects and is not intended for maintenance.
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.
This Fund Exchange shall be on a reimbursement basis, with
State funds limited to a maximum amount of $463,994. 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,
2002, are contingent upon the legislatively approved budget of
State.
F°
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.
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Agreement No. 20521
Ashland 2002 Fund Exchange
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 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.
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 fight 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.
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
$463,994. The cost records and accounts pertaining to the work
covered by this agreement shall be retained for inspection by
representatives of State for a pedod of three years following final
payment. Copies shall be made available upon request.
J. 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, unless such
employers are exempt under ORS 656.126. Agency shall ensure
that each of its contractors complies with these requirements.
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Agreement No. 20521
Ashland 2002 Fund Exchange
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.
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.
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
4
Agreement No. 20521
Ashland 2002 Fund Exchange
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
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.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter written.
The fund exchange program was approved by the Oregon Transportation
Commission on December 12, 2001, as part of the Association of Oregon
Counties/League of Oregon Cities (AOC/LOC) Working Agreement number
18433, amendment 2. Funding for the fund Exchange Program was approved by
the Oregon Transportation Commission on February 13, 2002 as part of the
2002-2005 Statewide Transportation Improvement Program.
The Program and Funding Services Manager approved the fund exchange on
August 19, 2002.
The Oregon Transportation Commission on January 16, 2002, approved
Delegation Order No. 2, which authorizes the Director to approve and execute
agreements for day-to-day operations when the work is related to a project
included in the Statewide Transportation Improvement Program or a line item in
the biennial budget approved by the Commission.
Signature Page to Follow
5
Agreement No. 20521
Ashland 2002 Fund Exchange
On January 31, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, in which the Director delegates authority
to the Executive Deputy Director for Highways to approve and execute
agreements over $75,000 when the work is related to a project included in the
Statewide Transportation Improvement Program.
CITY OF ASHLAND, by and thr~ough its
elected officials
By
Title:
APPROVED AS TO LEGAL
SUFFI~NCY
Date.
APPROVED AS TO LEGAL
SUFFICIENCY
Assistant Attorney General
STATE OF OREGON, by and through its
Department of Transportation
By
Executive Deputy Director for Highways
APPROVAL RECOMMENDED
By
Tech. Services Mgr./Chief Engineer
Date
Region 3 Manager
Date
Agency Address:
City of Ashland
Attn: Paula Brown
20 E Main St.
Ashland, OR 97520
Date
Fundexchagr. Doc
Rev. Rev. 7-19-02
6
PaUla BrOwn- Wate~ S~: Br. iGA ........ Page 'i
From:
To:
Date:
Subject:
<Kenneth. E.NORTON@odot. state.or, us>
<paula@ashland.or. us>
1/8/03 8:31AM
Water St. Br. IGA
Paula:
In December we went through an amendment to the IGA for the Water St. Br.
to add in your last year of funds. I inadvertently forget to extend time.
We attempted to modify the IGA slightly to account for more time using a
faxed signature process. Unfortunately, we did not make the final signature
before December ended. Our legal counsel has consistently told us that
IGA's are not "reinstated". They are either in effect or not. So, the fix
is to write a new IGA, which will contain the exact same language as the
last one with amendments implemented, and assign it a new number. We are
already on this task. This bit of legalese will not affect you or the
project funding level. Your only involvement will be going through the
signature process again. We apologize for this redo, but sometimes we just
can't make all the deadlines we have. Please let me know if you have any
questions. You should be receiving new blue backed IGA soon.
Ken Norton
ODOT Region 3
Local Programs Administrator
3500 Stewart Parkway
Roseburg, Ore. 97470
541-957-3510 Fax 957-3547
kenneth.e.norton@state.or.us
CC: <An ne. E. STACEY@odot. state.or, us>
October 28, 2002
Misc. Contracts and Agreements
No. 18615-01
AMENDMENT NO. 1
The State of Oregon, acting by and through its Department of Transportation,
hereinafter referred to as ODOT, and the City of Ashland, hereinafter referred to as
~Agency", entered into an Agreement on December 28, 2000. Said agreement covers
the exchange of 1999 & 2000 Federal funds to replace the Water Street Bridge
#296Y2, hereinafter referred to as "Project".
It has now been determined by ODOT and Agency that the agreement referenced
above, although remaining in full force and effect, shall be amended by this agreement
to add additional fund exchange monies to the Project.
Paragraph 2 of Terms of Agreement, Page 1, which reads:
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.
Shall be amended to read:
2. To assist in funding the Project, Agency has requested State to exchange Federal
Funds in the following manner:
Fiscal Year Federal Funds Exchange Rate State Funds
2000 .. $279,310 94% $262,551
2001 $108,644 .. 92% , $.99,952
2002 $107,969 94% $101,491
Total .$495,923 $463,994
Agency shall exchange a total of $495,923 Federal Funds for State Funds at the ratios
defined in the above table. State shall reimburse Agency up to the total of $463,994
State Funds for eligible costs incurred.
Agreement No. 18615Amendment 1
Fund Exchange/Water Street Bridge
City of Ashland
Paragraph 5, Section D of Terms of Agreement, Page 2, which reads:
D. This Fund Exchange shall be on a reimbursement basis, with State funds limited to
a maximum amount of $262,551. All costs incurred in excess of the fund exchange
amount will be the sole responsibility of Agency.
Shall be amended to read:
D. This Fund Exchange shall be on a reimbursement basis, with State funds limited to
a maximum amount of $463,994. Ail costs incurred in excess of the fund exchange
amount will be the sole responsibility of Agency.
Paragraph 5, Section I of Terms of Agreement, Page 3, which reads:
I. 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 $262,551. 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.
Shall be amended to read:
I. 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 $463,994. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and their seals as of
the day and year hereinafter written.
The Fund Exchange Program was approved by the Oregon Transportation
Commission on December 12, 2001, as part of the Association of Oregon
Counties/League of Oregon Cities (AOC/LOC) Working Agreement number 18433,
amendment 2. Funding for the Fund Exchange Program was approved by the Oregon
Transportation Commission on February 13, 2002 as part of the 2002-2005 Statewide
Transportation Improvement Program.
The Oregon Transportation Commission on January 16, 2002, approved Delegation
Order No. 2, which authorizes the Director to approve and execute agreements for
day-to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
2
Agreement No. 18615 Amendment 1
Fund £xchange/Wa~er ~treet ~ridge
City of Ashland
On January 31, 2002, the Director of the Oregon Departn~nt of
Transportation approved Subdelegation Order No. 2, in which the Director delegates
authority to the Executive Deputy Director for Highways to approve and execute
agreements over $75,000 when the work is related to a project included in the
Statewide Transportation Improvement Program.
CITY OF ASHLAND, by and through its
elected officials
By _~'~'~"'
Title: ~,O,¥o ~.
Title: ~c~,n~ ~.~e~r_.~
By.
Title:
APPROVED AS TO LEGAL
SUFF~tCIENCY
AGENCY Counsel
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attomey General
Date
STATE OF OREGON, by and through its
Department of Transportation
By
Executive Deputy Director for Highways
APPROVAL RECOMMENDED
By
Tech. Services Mgr./Chief Engineer
Date
By
Region 3 Manager
Date.
Agency Address:
City of Ashland
Attn: Paula Brown
20 E Main St.
Ashland, OR 97520
3
O -gon
John A. K~tzhaber-. , M . D ., ( ~ o~, emor
Department of Transportation
Region 3
3500 NW Stewart Parkway
Roseburg, OR 97470
(541) 957-3500
FAX (541) 957-3547
October 28, 2002
FILE CODE:
CITY OF ASHLAND
ATTN: PAULA BROWN
20 E MAIN STREET
ASHLAND, OR 97520
RE: Fund Exchange Agreement Amendment 18615-01
Dear Paula:
Please find enclosed four (4) odginal blue-backs of the above referenced
Agreement. Once all signatures have been obtained, please return all four blue-
backs to me for further processing.
Sincerely,
Elizabeth Stacey
541.957.3500
Enclosures
Cc: Ken Norton
Form 734-1829 (2 qB}
O--r-qgon
'~-~ John A K~tzhaber M D ( o,. ernor
Department of Transportation
Region 3
3500 NW Stewart Parkway
Roseburg, OR 97470
(541) 957-3500
FAX (541) 957-3547
Janua~ 8,2003
FILE CODE:
CITY OF ASHLAND
ATTN: PAULA BROWN
20 E MAIN STREET
ASHLAND, OR 97520
RE: Fund Exchange Agreement No. 20521
Dear Paula:
Please find enclosed four (4) odginal blue-backs of the above referenced
Agreement. This is the replacement for Agreement No. 18615. Once all
signatures have been obtained, please return all four blue-backs to me for further
processing. If you have any questions please contact me or Ken Norton. Thank
you.
Elizabeth Stacey
541.957.3635
Enclosures
Cc: Ken Norton
Form 7M-1829 12-981