Res 1260 - Realign CC/Hwy 214
COUNCIL BILL NO. 1584
RESOLUTION NO. 1260
A RESOLUTION ENTERING INTO LOCAL AGENCY FUND EXCHANGE AGREEMENT
NUMBER 13.095 WITH THE STATE OF OREGON TO EXCHANGE FEDERAL SURFACE
TRANSPORTATION PROGRAM FUNDS FOR STATE FUNDS TO BE UTILIZED IN THE
REALIGNMENT PROJECT FOR COUNTRY CLUB ROAD AT HIGHWAY 214 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 in cooperative agreements with cities for the performance of projects
and,
WHEREAS. , The State has established a fund exchange program to exchange
allocated federal funds for state funds to be utilized for accepted projects and,
WHEREAS. , The State has determined that the Country Club Road at Highway 214
realignment project 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 13,095 with the State of Oregon which is attached as Exhibit n Anand
by this reference incorporated herein for the exchange of allocated federal funds for state
funds to be utilized on the project to realign Country Club Road with Highway 214.
Section 2. That the Mayor and City Recorder are authorized to sign said agreement
on behalf of the City of Woodburn.
APPROVED:
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L~Y1av~
September 26, 1994
September 27, 1994
Approved as to form:~~~
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
September 27, 1994
September 27, 1994
ATTEST:
/'7 -~
Ma~ennant, Recorder
City of Woodburn, Oregon
Page 1 -
COUNCIL BILL NO. 1584
RESOLUTION NO, 1260
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Approved: ODOT Staff
September 8, 1994
Miscellaneous Contracts & Agreements
No, 13,095
LOCAL :A(j'.E:NCY
pU:N'D 'EXCJ{:AJI{(j'.E :A(j'R'.E'.E:M'.E:N'T
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TIllS 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, acting by and through their 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 HlLLBORO/SILVERTON IDGHWAY@
COUNTRY CLUB signal improvements, 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 $73,038 Federal funds for $68,656 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 hereto 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.
B, State dollars transferred to Agency must be used for the above-named project, This fimd
exchange is to provide funding for specific roadway projects, and is not intended for maintenance.
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City of Woodburn Fund Exchange
Contract #13,095
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 the maximum
amount shown on page 1. 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 rights of way in
accordance with current State and F ederallaws and regulations; obtain all required pennits; 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.
L 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 shaH in no way
constitute State approval of the plans and specifications.
J. Agency shalF 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% of the billing amount, not to exceed $68,656. 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,
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City of Woodburn Fund Exchange
Contract #13,095
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.
, ,
AFPROV AL RECOMMENDED
STATE OF OREGON, by and through its
Department of Transportation
By
Region Manager
By
Program Services Section Manager
Date
Date
Agency Counsel
CITY of WOODBURN, by and through its
Elected Officials
BY~~
APPROVED AS TO LEGAL SUFFICIENCY
By
Date
By
;1lo11 ~~
City corder
Date September 27, 1994
Agency Contact:
Randy Rohman
Public Works Program Manager
270 Montgomery Street
Woodburn OR 97071
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City of Woodburn Fund Exchange
Contract # J 3,095
L, The contractor, its subcontractors, it 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.
0, 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,
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 Section Manager approved this project on August 31, 1994,
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