HomeMy WebLinkAbout1995-013 Contract - ODOT No 13389March 9, 1995
Barbara Christensen, City Recorder
Steven Hall, Public Works Director~.
ODOT Agreement 13389, East Main Phase III
Attached is the original copy of the agreement for your files.
CC:
Jim Olson, Assistant City Engineer
Pam Barlow, Administrative Assistant
Jill Turner, Finance Director
Enc: Agreement
(c:\street\emainiii.mem)
January 23, 1995
Misc. Contracts & Agreements
No. 13389
LOCAL AGENCY
FUND EXCHANGE AGREEMENT
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".
1. 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 with.the allocation of costs on terms and conditions
mutually agreeable to the contracting parties.
2. State and Agency have determined that is advantageous to
both parties and in the pubtic's interest to enter into this
agreement.
3. 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 East Main Street, from
Southern Pacific Railroad to Walker Avenue, Phase III, in the
City of Ashland, hereinafter referred to as "project".
4. To assist in funding the project, Agency has requested State
to exchange 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 $84,%32 Federal
funds for $79,366 State funds.
5. 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.
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.
A1395005
Agreement No. 13389
THE CITY OF ASHLAND
B. State dollars transferred to Agency must be used for the
reconstruction of East Main Street, from Southern Pacific
Railroad to Walker Avenue, Phase III, in the City of
Ashland. 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 for accounting for expenditure of State funds.
D. This Fund Exchange shall be on a reimbursement basis,
with State funds limited to a maximum amount of $79,366.
All costs incurred in excess of the fund exchange amount
will be the sole responsibility of Agency.
E. State certifies at the time this contract is written
that sufficient funds are available and authorized for
expenditure to finance costs of this contract within State's
current appropriation or limitation. Funds available for
reimbursement on, or after, July 1, 1993 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 PERS
contributions, workers' compensation, unemployment taxes,
and State and Federal income tax withholding.
G. Agency agrees to comply with all applicable State,
Federal and local laws, rules, regulations and ordinances,
including but not limited to those pertaining to Civil
Rights.
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.
A1395005 -2-
Agreement No. 13386
THE CITY OF ASHLAND
I. 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.
J. 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 9% percent of the billing
amount, not to exceed $79,366. 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 (3) years following final payment.
Copies shall be made available upon request.
K. Agency shall, upon completion of project, maintain and
operate the project at its own cost and expense.
L. The contractor, its 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 contract shall be for 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.
N. This contract may be terminated by mutual consent of
State and Agency or by either party upon 30 days' written
notice, delivered by certified mail or in person.
O. State and Agency hereto agree that if any term or
provision of this contract 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 contract did not contain the particular
term or provision held to. be invalid.
A1395005 -3-
Agreement No. 13389
THE CITY OF ASHLAND
7. Agency shall authorize execution of this agreement during a
duly authorized session of its City Council.
The fund exchange program was approved by the Oregon
Transportation Commission on July 21, 1992, at which time the
State Highway Engineer was authorized to sign the necessary
agreements for and on behalf of the Commission. By
Subdelegation Order HWY-6, Paragraph 11, the State Highway
Engineer further delegated the signing authority to the Program
Section Manager.
By delegated authority, the Program Services Manager approved
this project on January 12, 1995.
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their seals as of the day and year hereinafter written.
All agreement provisions were approved as to legal sufficiency
on July 2, 1992 by Dale K. Hormann, Assistant Attorney General.
Region Manager
Date .~/.~ "(/~" ~'~---
STATE OF OREGON, by and through
~og~ am Serv~e~Mana~er
DatZe 3/~%-- ~/
APPROVED AS TO
By ~1%/CZ~"-"%4 -
Agency Attorney
THE CITY OF ASHLAND, by and
through its Elected Officials
/ City Administrat~
2
A1395005 -4-