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HomeMy WebLinkAbout1994-098 Fund Exchange - ODOTDecember 21, 1994 Nan Franklin, City Recorder Steven Hall, Public Works Director Agreement 13186 with ODOT for East Main Street Phase II A~ached is the City's copy of the s/gned agr~.Jn~nt for the exchange of Federal Funds for improvements of ga~t Main Street from the Southern Pacific tracks to Walker Avenue. This is for Phase II of the project. Phase I was covered by Agreement 12229. There will be a Phase HI agreement applied for within the next 30 days which will complete the project. CC: Jim Olson, Assistant City Engineer Jill Turner, Finance Director Enc: ODOT Agreement 13186 (c: \strect\emainii.mem) October 14, 1994 Misc. Contracts & Agreements No. 13186 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 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 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 $90,318 Federal funds for $8%,898 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. A1394038 Agreement No. 13186 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, 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. Tkis Fund Exchange shall be on a reimbursement basis, with State funds limited to a maximum amount of $84,898. 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. A1394038 -2- Agreement No. 13186 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 94 percent of the billing amount, not to exceed $84,898. 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. A1394038 -3- Agreement No. 13186 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 October 11, 1994. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. Ail agreement provisions were approved as to legal sufficiency on July 2, 1992 by Dale K. Hormann, Assistant Attorney General. ~ APPR~ RECOMMENDED STATE OF OREGON, by and through its Department of Transportation P r 0J~r a~"-S e rv'i c e'f Ma~agei Date /%/'~ z.~.~ ~ APPROVED AS TO LEGA ~SUFF~ C I ENCY Agency Attorney THE CITY OF ASHLAND, by and throuq~s Elected Officials ' Si ty Adm~istr~tor/ A1394038 -4-