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Res 1457 - Fnd Exc Agmt #15830 - COUNCIL BILL NO. 1856 RESOLUTION NO. 1457 A RESOLUTION ENTERING INTO LOCAL AGENCY FUND EXCHANGE AGREEMENT NUMBER 15,830 WITH THE STATE OF OREGON TO EXCHANGE FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS FOR STATE FUNDS TO BE UTILIZED TO REALIGN THE FRONT STREET INTERSECTION WITH SETTLEMIER AND REMOVE THE "sn CURVE FROM THE RAILROAD CROSSING AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon, by the authority granted in ORS 366.770 and 366.775, may enter into cooperative agreements with cities for the performance of projects, and WHEREAS, The State has established a fund exchange program to exchange allocated federal funds, and WHEREAS, The State has determined that the project to realign the Front Street intersection with Settlemier and remove the "S" curve from the railroad crossing is eligible for exchange funds; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into local agency fund exchange agreement number 15,830 with the State of Oregon which is affixed as Attachment" A" and by this referenced incorporated herein for the exchange of allocated federal funds for state funds to be utilized on the project to realign the Front Street intersection with Settlemier and remove the "5" curve from the railroad crossing. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. Page 1 - COUNCIL BILL NO. 1856 RESOLUTION NO. 1457 ........' -""T"'"""_.'-~"'-"""'---'------'--- - Approved as to fOrm~ ~ City Attorney \- 1-' -~ <b Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A~~." _ _~, ATTEST: I · ~-=\ Mary T nant, Recorder City of Woodburn, Oregon APPROVED: ~anc January 12, 1998 January 13, 1998 January 13, 1998 January 13, 1998 Page 2 - COUNCIL BILL NO. 1856 RESOLUTION NO. 1457 oy-' '''' " '-"""--""-." .. December 15,1997 ATTACHMENT A Page -'-- of "I- Misc. Contracts and Agreements No. 15830 1997 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 WOODBURN ading 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 it 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 project to realign the Front Street intersection with Settlemier and remove the "S" curve from the railroad crossing, hereinafter referred to as "Project". 4. To assist in funding the project, Agency has requested State to exchange 1997 Federal Funds, which have been allocated 10 Agency, for State funds based on the following ratio: $94 State for $100 Federal Based on this ratio, Agency wishes to trade $75,454 Federal Funds for $70,927 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 rP.ay be used by State at its discretion. b. State dollars transferred to Agency must be used for the project named in Item 3, Page 1, of this agreement. This fund exchange is to provide ~" "" ,_."e,. "'W .~"~,_..-.,~,-~"---,,,, ,,, .-,"'''.---. Fund Exchange Agreement Page 2 12/15/97 ATTACHMENT .'11- page~of~ 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 $70,927. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency. e. 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. Funds available for reimbursement on or after July 1, 1997, 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. 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 " 'r""' -- T Fund Exchange Agreement Page 3 12/15/97 ATTACHMENT~ Page ~ of:::::r::=. 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 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 $70,927. 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. k. Agency shall, upon completion of project, maintain and operate the project at its own cost and expense. I. 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 agreement 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 agreement may be tenninated 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 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. 7. Agency personnel who sign this agreement shall be duly authorized to do so by the City Council. T-' ".-.." .'-~''''.'.__... I Fund Exchange Agreement Page 4 12/15/97 ATTACHMENT~ Pag..J... of ~ The funding for this fund exchange program was approved by the Oregon Transportation Commission on September 13, 1995, as a part of the 1996-1998 Statewide Transportation Improvement Program. The Financial Services Branch Manager approved the fund exchange on December 10, 1997. On March 7. 1996, the Oregon Transportation Commission adopted Delegation Order 2, which Order grants authority to Region Managers to approve and execute agreements for work in the current Statewide Transportation Improvement Program or approved workplan budget. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. STATE OF OREGON, by and through its Department of Transportation CllY OF WOODBURN, by and through its elected officials By By Region Manager Title Date By Title Date APPROVED AS TO LEGAL SUFFICIENCY _ AP ~ B(Y).~L<1Jtf---J Agency Legal Counsel Date \ - \ ~ -C) ~ .......... _..__."_.~_~______._._".,...,,____.~~ . ......."______..~~",.__..__<._'_-..'.e.__""_'"~_..".,..