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HomeMy WebLinkAbout2004-170 Exchange Agrmt-ODOTMisc. Contracts and Agreements No. 21888 2003 FUND EXCHANGE AGREEMENT E. Main Street (Dewey to N. Mountain Avenue) City of Ashland 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 . By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments 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 . Agency has submitted a completed and signed Part 1 of the Project Prospectus, or a similar document agreed to by State, outlining the schedule and cost.,; associated with all phases of the East Main Street (Dewey to N. Mountain Ave.) pavement reconstruction, hereinafter referred to as "Project". . To assist in funding the Project, Agency has requested State to exchange 2003 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 $107,969 Federal Funds for $101,491 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. 4. This Agreement shall be for two years beginning on the date all required signatures are obtained and shall terminate 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.: City of Ashland/ODOT Agreement No. 21888 A. The Federal Funds transferred to State may be used by State at its discretion. B. State dollars transferred to Agency must be used for the E. Main Street (Dewey to N. Mountain Ave.) Project. 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. D. This Fund Exchange shall be on a reimbursement basis, with State funds limited to a maximum amount of $101,491. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency'. Eo 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. Fo 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. Go 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 196,4; (ii) Title V and Section 504 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. 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 City of Ashland/ODOT Agreement No. 21888 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 $101,491. The cost records and accounts pertaining to the work covered by this Agreement shalll be retained for inspection by representatives of State for a period 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. K. All employers, including Agency, that employ subject workers who 'work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Agency shall ensure that each of its subcontractors complies with these requirements. 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: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. 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 the other party, or at such later date as may be established by the terminating party, under any of the following conditions: a. If either party fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow either party, in the City of Ashland/ODOT Agreement No. 21888 exercise of their reasonable administrative discretion, to continue to make payments for performance of this Agreement. bo 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. 3. Any .termination of this Agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. Mo 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. , 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 funding for this fund exchange program was approved by the Oregon Transportation Commission on November 17, 2003, as a part of the 2004-2007 Statewide Transportation Improvement Program. The Program and Funding Services Manager approved the fund exchange on May 28, 2004. The Oregon Transportation Commission on June 18, 2003, 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 thc; Statewide City of Ashland/ODOT Agreement No. 21888 Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On September 16, 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, other system plans approved by the Commission ,.such as the Traffic Safety Performance Plan, or in a line item in the approved biennial budget. CITY OF ASHLAND, by and through its elected officials -- Title Date By Title Date 7-~/-'&~ STATE OF OREGON, by and through its Department of Transportation By Deputy Director, Highway Division Date APPROVAL RECOMMENDED By Technical Services Manager/Chief Engineer Date By Title Date By Region Manager Date APPROVED AS TO LEGAL SUFFICIENC¥._~ . ..-'"~ ,~ency ~Q/o~nsel~ Bat6 "7-.2-~'~ Agency Billing Address: City of Ashland Attn: Paula Brown 20 E Main Street Ashland, OR 97520 APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date CITY OF -AS H LAN D Council Communication Title: Authorization for the City Administrator to Sign and Execute ODOT Agreement No. 21888 - 2003 Fund Exchange Agreement; E. Main Street (Dewey to N. Mountain Avenue) City of Ashland Dept: Date: Submitted By: Approved By: Public Works Department July 20, 2004 //~ Paula Brown?4/~i Gino Grimaldi ~,J~,~ Synopsis: The City has participated in the State's federal fund exchange program through the Oregon Department of Transportation for many years. This year staff proposes that the federal funds for the 2003 federal transportation funding allocation go toward the E. Main Street, Dewey Street to N. Mountain Avenue resurfacing project. This is consistent with the Capital Improvemem's Program outlined in the budget document. Recommendation: It is recommended that City Council authorize the City Administrator to sign and execute ODOT Agreement No. 21888 - 2003 Fund Exchange Agreement; E. Main Street (Dewey to N. Mountain Avenue) City of Ashland obligating Federal Funds in the amount of $107,969 in exchange for State funds of $101,491. Fiscal Impact: Through the federal fund exchange program, the City in essence looses 6% of cash for a benefit of being allowed to use the state's system of project management. The gain from a contract flexibility and construction management stand point is well worth the minor reduction in funds. This project is in the Capital Improvements Program for FY05 construction. It is one of four projects in the 2005 Street Projects and is in design. It is estimated that the total construction will be approximately $125,000. The street fund will provide the difference between the fund exchange and [he total cost. Background: The ODOT Fund Exchange Program is an extension of the Federal Surface Transportation Program (STP). Cities with population in excess of 5000 people receive an annual allocation of funds based upon actual population. The State provides these funds at a reduced rate (94% of the federal allocation) for City projects. By using the funds through the State's exchange program, the funds can be used for a wider variety of projects, and work can be completed by City crews or contracted directly through the City. The State's requirements and controls are not as stringent as Federal CC ODOT FundEx E Main 20Jul04 Page 1 of 2 controls. ODOT has approved the project prospectus and found the project eligible for the fund exchange program. Prior year's fund exchange dollars have been used to fund the reconstruction of Union Street (FFY 98), reconstruction of Sherman Street (FFY 97) and Wightman Street Realignment (FFY 96). The past four year's of allocation (FFY 99 through FFY 02) have been dedicated to the Water Street Bridge replacement project now scheduled for construction start in May 2005. With the City now a part of the Metropolitan Planning Organization, we will no longer receive a direct federal allocation after this year's project. We have however, negotiated with the MPO to protect our street project interests through at least 2008 and perhaps longer as there are prior funding commitments that extend past 2008 for the original MPO cities. At that time, the City will need to compete for street projects with the entire MPO. Attachments: ODOT Agreement No. 21888 - 2003 Fund Exchange Agreement; E. Main Street (Dewey to N. Mountain Avenue) City of Ashland CC ODOT FundEx E Main 20Jul04 Page 2 of 2 Oregon Theodore R. Kulongoski, Governor Department of Transportation Region 3 3500 NW Stewart Parkway Roseburg, OR 97470 (541) 957-3500 FAX (541) 957-3547 FILE CODE: June 21, 2004 City of Ashland Attn: Paula Brown, Public Works Director 20 E. Main Street Ashland, OR 97520 RE: Agreement No. 21888- E. Main Street Fund Exchan~ eCi-',~'. Dear Paula: Enclosed for City signature are four (4) originals of the above referenced agreement. Once you have obtained all required signatures, please return all four copies for further processing to: Oregon Dept. of Transportation Attn: Elizabeth Stacey 3500 NW Stewart Parkway Roseburg, OR 97470 Please give me a call if you have any questions or need further clarification. Eliza'~eth Stacey _,/'.' ~ Region 3 Agreement tot 541.957.3635 Enclosure Cc: Ken Norton Region 3 Local Agency Liaison Form 734-1829 (1-03)