Res 1654 - ODOT Agrmt 18655
COUNCIL BILL NO. 2348
RESOLUTION NO. 1654
A RESOLUTION ENTERING INTO AMENDMENT NUMBER 1 TO 2000 FUND
EXCHANGE AGREEMENT NO. 18655 WITH THE STATE OF OREGON AND
AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT.
WHEREAS, the State of Oregon acting through its Department of Transportation
is authorized to enter into cooperative agreements with cities for the performance of
work on certain types of improvement projects with the allocation of costs on terms
and conditions agreeable to contracting parties pursuant to ORS 190.110, 366.770
and 366.775, and
WHEREAS, the City of Woodburn has applied to exchange federal funds from
fiscal years 1998,1999 and 2000 for state funds to assist with the project for
widening and addition of bike lanes, sidewalks, storm drainage and signal modifications
on Boones Ferry Road and Country Club Road, and
WHEREAS, the State of Oregon, Department of Transportation determined that
for fiscal years 1998,1999 and 2000 the city's project were eligible for the exchange
of funds, and
WHEREAS, there have been delays in completion of the city's project and the
time period for use of the exchange funds from fiscal years 1998 and 1 999 are close
to expiration or will expire by the completion of the project, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
the incorporation of the exchange funds from fiscal years 1998 and 1999 into
Agreement Number 18655 for fiscal year 2000 exchange funds, and
WHEREAS, the State of Oregon, Department of Transportation, has provided
an amendment to Agreement Number 18655 for fiscal year 2000 exchange funds that
changes the exchange to be $254,070 in federal funds for $238,825 in state funds,
NOW THEREFORE:
Page 1
COUNCIL BILL NO. 2348
RESOLUTION NO. 1654
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Amendment 1 to 2000 Fund
Exchange Agreement No. 18655, which is affixed as Attachment "A" and by this
reference incorporated herein, with the State of Oregon acting by and through its
Department of Transportation to exchange $254,070 in federal funds for $238,825
in state funds to assist with the project for widening and addition of bike lanes,
sidewalks, storm drainage and signal modifications on Boones Ferry Road and Country
Club Road.
Section 2. That the Mayor and City Recorder of the City of Woodburn are authorized
to sign said agreement on behalf of the City.
Date
Approved as to torm;-h. ~ ~
City Attorney
t::t - I~ - z.a<' J
APPROVED:_~~
Richard Jenning , May r
Passed by the Council
September 24. 2001
September 26, 2001
September 26, 2001
September 26, 2001
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: -1Y\nl.L4~'^~k-
Mary ~order
City of Woodburn, Oregon
COUNCIL BILL NO. 2348
Page 2 RESOLUTION NO. 1654
September 12, 2001
ATTACHMENT ...A
Page --L- of !f
Misc. Contracts & Agreements
No. 18655, Amendment 1
FUND EXCHANGE AGREEMENT
City of Woodburn
Amendment 1
The State of Oregon, acting by and through its Department of Transportation,
hereinafter referred to as State, and the City of Woodburn, hereinafter referred to as
City, entered into an Agreement on November 13, 2000. Said agreement covers the
2000 Fund Exchange to make improvements to Boones Ferry Road.
It is now determined by State and City that the Agreement referenced above, although
remaining in full force and effect, shall be amended by this Amendment No. 1 to
incorporate the 1998 and 1999 Fund Exchange amounts available to the City into this
agreement and add those amounts to the City's 2000 Fund Exchange amount. The
agreements for the 1998 Fund Exchange (No. 17048, executed on January 28, 1999)
and the 1999 Fund Exchange (No. 17678, executed on November 30, 1999) shall be
terminated by this Amendment NO.1.
Item No.2 of the Tenns of Agreement, Page 1. which now reads:
To assist in funding the project, Agency has requested State to exchange 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 $92,378 Federal Funds for $86,835
State Funds.
Shall be amended to read:
To assist in funding the project, Agency has requested State to exchange 1998,
1999, and 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 $254,070 Federal Funds for $238,825
State Funds.
ATTACHMENT A
Page ~ of '-I-
Agreement No. 18655, Amendment 1
State of Oregon and the City of Woodburn
Page 2
Item No.4 of the Terms of Agreement. Page 1. which now reads:
The term of this agreement shall begin on the date all required signatures are
obtained and shall terminate within two calendar years following that date, unless
otherwise extended or renewed by formal agreement of the parties.
Shall be amended to read:
,
The term of this agreement shall begin on the date all required signatures are I
obtained and shall terminate on December 31,2002, unless otherwise extended qr
renewed by formal agreement of the parties.
Item No. 5D of the Terms of Agreement, Page 2. which now reads:
This Fund Exchange shall be on a reimbursement basis, with State funds limited to
a maximum amount of $86,835. All costs incurred in excess of the fund exchange
amount will be the sole responsibility of Agency.
Shall be amended to read:
This Fund Exchange shall be on a reimbursement basis, with State funds limited to
a maximum amount of $238,825. All costs incurred in excess of the fund exchange
amount will be the sole responsibility of Agency.
Item No. 51 of the Terms of Agreement, Page 3, which now reads:
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 $86,835. 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:
Agency shall compile accurate cost accounting records. Agency shall bill State in a
fonn 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 $238,825. The cost records and accounts pertaining to the work covered by
ATTACHMENT~~n .
Paga~~ of~
Agreement No. 18655, Amendment 1
state of Oregon and the City of Woodburn
Page 3
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
Item No. 5K of the Tenns of Agreement, Page 3, which now reads:
Agency. its consultants 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.
Shall be amended to read:
Agency, its consultants 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.
SIGNA TURE PAGE TO FOLLOW
ATTACHMENT A
Page .-#-. of ~
Agreement No. 18655, Amendment 1
state of Oregon and the City of Woodburn
Page 4
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
seals as of the day and year hereinafter written.
The Financial Services Branch Manager approved the City's 1998 Fund Exchange on
December 8, 1998; the 1999 Fund Exchange on September 20, 1999; and the 2000
Fund Exchange on September 5, 2000.
The Oregon Transportation Commission on March 18, 1999, approved Subdelegation
Order 2, in which the Director grants authority to the Executive Deputy Director/Chief
Engineer to approve and sign agreements over $75,000 when the work is related to a
project induded in the current Statewide Transportation Improvement Program.
STATE OF OREGON, by and through its
Department of Transportation
CITY OF WOODBURN, by and through
its elected officials
By By
Executive Deputy Director/Chief Engineer
Date
Mayor
By
Oty Recorder
APPROVAL RECOMMENDED
By
Date
Region 2 Manager
Agency Contact
Randy Rohman, Public Works Program Manager
City of Woodburn
270 Montgomety Street
Woodburn, OR 97071
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
. Assistant Attorney General
Date