Res 1205 - Amend Agmt 10,854
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COUNCIL BILL NO. 1505
RESOLUTION NO. 1205
A RESOLUTION ENTERING INTO AN AMENDMENT TO COOPERATIVE IMPROVEMENT
AGREEMENT NO. 10.854 TO REVISE THE COST RESPONSIBILITIES FOR ALL NEW
SIDEWALKS CONSTRUCTED AS PART OF THE IMPROVEMENT OF HIGHWAY 99E FROM
LINCOLN STREET TO THE NORTH CITY LIMITS AND AUTHORIZING THE MAYOR AND
CITY RECORDER TO SIGN SUCH AGREEMENT.
WHEREAS. ORS Chapter 366 authorizes cooperative agreements between the state
and a city for performance of improvement projects, and
WHEREAS. The Woodburn City Council approved Resolution 1099 on January 13,
1992 authorizing entering into Cooperative Agreement 10,854 and the State of Oregon
signed Cooperative Agreement 10,854 on February 12, 1992, and
WHEREAS. The Woodburn City Council accepted at the October 25, 1993 meeting
a revision that city staff had negotiated of the funding formula for new sidewalks on the
Highway 99E project, and
WHEREAS. It is in the best interest of the city to enter into an amendment to revise
the cost responsibilities of new sidewalks on the Highway 99E project, NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an amendment to Cooperative
Improvement Agreement 10,854 which is attached as Exhibit. A. and by this reference
incorporated herein with the State of Oregon to revise the cost responsibilities for all new
sidewalks constructed as part of the improvement of Highway 99E from Lincoln Street to
the north city limits.
Section 2. That the Mayor and City Recorder are authorized to sign said agreement
on behalf of the City of Woodburn.
Approved as to form:~.~ ~
City Attorney
)2/2/71
Date I I
APPROVED:,~ ~
Len Kelley, M or
Page 1 -
COUNCIL BILL NO. 1505
RESOLUTION NO. 1205
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: /l7CM.- ~+
, M~rydennant, Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 1505
RESOLUTION NO. 1205
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December 13, 1993
December 14, 1993
December 16, 1993
December 16, 1993
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Oregon
November 22, 1993
AMENDMENT TO:
Misc. Contracts & Agreements
No. 10,854
DEPARTMENT OF
TRANSPORTATION
City 01 Woodbum
Public Works Department
270 Montgomery St
Woodburn OR 97071
REGION 2
FILE CODE:
People:
The State of Oregon, by and through ks Department of Transportation (State), and the City of Woodburn,
by and through ks City Officials (City), entered Into Cooperative Improvement Agreement No. 10,854, dated
February 12, 1992; and supplemented on April 8, 1993, concerning Improvements to Pacific Highway East
from Woodburn's North City L1mks to Lincoln Street, hereinafter referred to as 'project'.
State and City have now determined that the aforementioned agreement and supplement, although
remaining In full force and effect, should be amended by this agreement In order to revise the cost
responsibilities for all new sidewalks which will be constructed as a part of the project. City shall now be
responsible for 10% 01 actual total sidewalk costs. This total Is estimated to be $60,000, for which the City
will pay 10%, or $6,000.
Any further reference to the aforementioned Agreement No. 10,854 and Supplement shall be amended to
show the following:
RECITALS No.3, paragraph 2, shall now read:
The project will be financed with City funds and funds available to the State. State shall be responsible for
90 percent 01 the cost 01 all new sidewalks which will be constructed as a part 01 the project. City shall be
responsible for the remaining 10 percent cost. Said sidewalks are currently estimated to cost $60,000. State
shall be responsible for all other project costs, Including replacement sidewalks.
CITY OBLIGATIONS No.4 shall now read:
4. City shall, upon receipt of a fully executed copy of this agreement, forward to State an advance deposk
in the amount of $6,000.00, said amount being equal to 10 percent of the estimated total cost of the new
sidewalks that will be built as a part of the project. Upon bid opening, City shall be requested to make
additional deposks K the lowest acceptable bid Is greater than the original estimate.
CITY OBLIGATIONS NO.5 shall now read:
5. Upon completion 01 the project and receipt from State of an ttemized statement of the actual total cost
of the City's portion of the project, City shall pay any amount which, when added to City's advance deposits,
will equal 10 percent of the actual total cost of the new sidewalks. Any portion 01 said advance deposks
which Is In excess 0110 percent of the total actual cost will be refunded or released to City.
734-1867 (10-92)
2960 State Street SE
Salem, OR 97310
(503) 378-2626
FAX (503) 378-4317
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Agreement No. 10,854 AMENDMENT
CITY of WOODBURN
page 2
City shall authorize execution of this Amendment during a duly authorized session of its City Council.
IN WITNESS WHEREOF, the parties hereto have set their hands and affIXed their seals as of the day and
year hereinafter written.
This project was approved by the Oregon Transportation Commission on July 17, 1990 as a part of the Six
Year Highway Improvement Program, page 33.
The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway
Engineer to sign this agreement for and on behalf of the Commission. Said authority has been further
delegated to the Manager of the Program Section pursuant to Subdelegation Order HWY -0, Paragraph 10.
:P:;AL~~~~ _
AJ,I:fRegIOn' M~rfvvv""",~
Date 1/ v pJ Af.3
STATE OF OREGON, by and through
its Department of Transportation
By
Program Section Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
Date
CITY OF WOODBURN, by and
:~~e1I~~S
By J12 ~
C~~r
Date 1;:l-;2/-T-3
By
Ass!. Attomey General
APPROVED AS TO LEGAL
S)IEf!9tENCY A// ~
~y r /r-o- I~
City Attorney
Bl291 005