HomeMy WebLinkAbout1995-016 Contract - ODOT No 13389c m randum
January 31, 1995
ubieci:
Brian Almquist, City Administrator
Steven Hall, Public Works Directo
Oregon Department of Transportation (ODOT) Fund Exchange Agreement
ACTION REQUESTED
City Council authorize City Administrator to sign the attached Fund Exchange Agreement No. 13389 for the
completion of East Main Street from the railroad tracks to Walker Avenue.
BACKGROUND
The Fund Exchange provision of ODOT allows cities and counties to use the funding on projects without all of
the Federal and State "red tape", which can provide considerable savings for Ashland. The exchange rate is
$0.94 for each $1.00 in normal funding.
Normal local match for projects under this funding would be 10% plus the "red tape", which can increase projects
as much as 5% to 10% in additional costs.
Phase HI, of the East Main Project, will complete the entire project which includes widening, sidewalks on each
side, parking, 2 bicycle lanes and storm drainage.
Staff recommends approval.
CCl
Enc i
Paul Nolte, City Attorney
Jill Turner, Finance Director
Agreement No. 13389
(c: \street\emainiii .mcm)
Olt n
DEPARTMENT OF
TRANSPORTATION
REGION 3
January 24, 1995
FILE CODE:
STEVE HALL
CITY OF ASHLAND
20 EAST MAIN
ASHLAND OR 97520
Dear Mr. Hall:
CITY OF ASHLAND
Enclosed for your review and signature by appropriate City officials are three (3) copies of Fund
Exchange Agreement No. 13389 for the proposed improvements to East Main Street, Phase III,
project. This agreement shall be authorized during a regularly scheduled meeting of the City
Council. After your review please return the signed agreements to me.
Sincerely,
Michelle Mock
Agreement Specialist
mm
cc: Program Services
734-1829 (6-94)
3500 NW Stewart Parkway
Roseburg, OR 97470
(503) 440-3399
FAX (503) 440-3465
January 23, 1995
Misc. Contracts & Agreements
No. 13389
LOCAL AGENCY
FUND EXCHANGE AGREEMENT
THIS AGREEMENT is made and entered into by and b~twe~ 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 Derformance 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 public'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 $8~,~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 Stat~ may be used by
State at its.discretion..
A1395005
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 .~t deems
necessary prior to advertisement. Failure to'~ggest
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 94 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 whi. ch time the
State Highway Engineer was authorized to sign th6 ~ecessary
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.
APPROVAL RECOMMENDED
By
Region Manager
Date
STATE OF OREGON, by and through
its Department of Transportation
By
Program Services Manager
Date
APPROVED AS TO
LEOA C NCY
Agency Attorney
THE CITY OF ASHLAND, by and
throuj~h~its Elected Officials
City Adm~nistratj~~
Date ~/~~j
A1395005 .. -4-