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Res 1167 - Fed Funds Realn CC/2 ,~ COUNCIL BILL NO. 1453 RESOLUTION NO. 1167 A RESOLUTION ENTERING INTO A LOCAL AGENCY FUND EXCHANGE AGREEMENT 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 Oregon Department of Transportation has established a Surface Transportation Program (STPl Fund Exchange program to exchange allocated federal funds for state funds to be utilized for accepted projects, WHEREAS, City Council on October 26, 1992 approved of participation in the fund exchange program as a partial funding source for the realignment of Country Club Road at Highway 214 and, WHEREAS. Resolution 1161 entered into a cooperative agreement with the State of Oregon to improve the traffic signal at the realigned Country Club Road/Oregon Way intersection with Highway 214 and, WHEREAS, The State of Oregon has determined that the project to realign Country Club at Highway 214 is eligible for the STP fund exchange program, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1, That the City of Woodburn enter into a local agency fund exchange agreement which is attached as Exhibit" A" and by this reference incorporated herein, with the State of Oregon for the exchange of allocated Surface Transportation Program 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 authoriz agreement on behal~ ~f~WOO~bU?J n 11/\ Approved as to for~: 0 l, r ~ ~ ~ City Attorney d to ign said l-f 43 Date Page 1 ' COUNCIL BILL NO, 1453 RESOLUTION NO, 1167 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: 17~~ Mary Ten nt, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1453 RESOLUTION NO, 116~ APPROVED: ~411! ~l I Len Kelley, Mayor March 8, 1993 March 9, 1993 March 9, 1993 March 9, 1993 February 11, 1993 Misc, Contracts & Agreements No, 11,659 LOCAL AGENCY FUND EXCHANGE AGREEMENT ;'n~ 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, acting 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 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 schedules and costs associated with all phases of the HillsborojSilverton Highway @ Country Club Road Project, 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 $121,721,00 Federal funds for $114,418,OO 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 may be used by State at its discretion. A1293003 Agreement No, 1 ;59 CITY of WOODB~ B. State dollars transferred to Agency must be used for the 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 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 $114,418.00. 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 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 Pfqposals; award all contracts; perform all construction engineering and make all contractor payments required to complete the project, A1293003 -2- _... ~1---' -T Agreement No. 11,659 CITY of WOODBURN 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 deems necessary prior to advertisement. Failure to su~~est 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 form acceptable to State, no more than once a month, for costs incurred on the project. State will reimburse Agency at 94 percent of the billing -.' - amount, not to exceed $114,418.00. 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. L, 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 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. O. 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. A1293003 -3- ~ '''r'' . ....-,--'-,.t-__________~.,_~__'_,._.___. Agreement No. l~ 59 CITY of WOODBURN 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 February 5, 1993, 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, APP~MENDED By ~~ Region Engineer ').. '11 -q~ STATE OF OREGON, by and through its Department of Transportation By Manager, Program Section Date Date APPROVED AS TO ~AA SUFFICIENCh .,~ ~yll~~~ Agency Attorney ~.. ~ and ficials By Title Ma or Agency Address: City of Woodburn Attn: Randy Rohman 270 Montgomery Street Woodburn, OR 97071 By Title C it v R~cor'der Date March 9, 1993 A1293003 -4- ~ .., "-'~_.._'-'-'."<""r"-_-__"'________""'___""~_'.