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HomeMy WebLinkAboutDoc 241 - Amend IGA - Paving - HuntingtonOItL1�r�� Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.dcschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of April 28, 2010 Please see directions for completing this document on the next page. DATE: April 6, 2010 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Signature of Document No. 2010-241, Amendement No. 2 to IGA No. 25458, American Recovery and Reinvestement Act (ARRA) of 2009, 1-R Paving, Huntington Road/Rivery ew Overlay, increasing the amount of federal funds by $50,000. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: On April 17, 2009, Deschutes County entered into Local Agency Agreement No. 25458 which cove .ed a 2 -inch pavement overlay on Huntington Road and Riverview Drive using ARRA funding in the amount of $1,044,479. The project came in over the amount funded by ARRA funding therefore tilt. remainder would have to be made up with County funds. Jefferson County also received ARRA funding for a project within their county which came in under budget leaving them with federal fungi [s they were unable to obligate. Rather than lose the use of the federal funds, Jefferson County propos an agreement to transfer their remaing allocation of $50,000 to Deschutes County's ARRA project in exchange for Deschutes County road funds on a dollar for dollar basis. On December 4, 2009, an Intergovernmental Agreement (DC -2009-685) between Deschutes County and Jefferson County wa signed by the County Administrator and the Board of County Commissioners of Jefferson County t( allow the ARRA Exchange Funding between the two agencies. Signature by the BOCC of this Amendment authorizes ODOT to increase the original ARRA funding amount of $1,044,479 by $50,000 to a new amount of $1,094,479 FISCAL IMPLICATIONS: None. This is a dollar for dollar exchange between Deschutes County and Jefferson County RECOMMENDATION & ACTION REQUESTED: The Road Department recommends signature of Document No. 2010-241 ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Return signed document to Wanda Kunz (ext. 7103) at the Road Department for forwarding on to ODOT for signature. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director, If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: April 6, 2010 Please complete all sections above the Official Review line. Contractor/Supplier/Consultant Name: Contractor Contact: 6028 Type of Document: Hans Beernink Department: ODOT Road Contractor Phone #: Amendment No. 2 to IGA No. 25458, 541 -388 - Goods and/or Services: Under this Amendment, Deschutes Countys allocation of ARRA funding is increased by $50,000 as a result of an exchange of funding between Deschutes County and Jefferson County Background & History: On April 17, 2009, Deschutes County entered into Local Agency Agreement No. 25458 which covered a 2 -inch pavement overlay on Huntington Road and Riverview Drive using ARRA funding in the amount of $1,044,479. The project came in over the amount funded by ARRA funding therefore the remainder would have to be made up with County funds. Jefferson County also received ARRA funding for a project within their county which came in under budget leaving them with federal funds they were unable to obligate. Rather than lose the use of the federal funds, Jefferson County proposed an agreement to transfer their remaing allocation of $50,000 to Deschutes County's ARRA project in exchange for Deschutes County road funds on a dollar for dollar basis. On December 4, 2009, an Intergovernmental Agreement (DC -2009-685) between Deschutes County and Jefferson County was signed by the County Administrator and the Board of County Commissioners of Jefferson County to allow the ARRA Exchange Fundin• between the two agencies. Agreement Starting Date: Upon Signature Ending Date: 09/30/2015 Annual Value or Total Payment: This amendment will increase the original ARRA funding amount of $1,044,479 by $50,000 to a new amount of $1,094,479 ❑ Insurance Certificate Received check box) Insurance Expiration Date: Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) 4/5/2010 Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Department Director Approval: George Kolb Phone*. 541-322-7113 �,.., /�//s- /© Signature Da e Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Returned signed document to Wanda Kunz, (ext. 7103) for forwarding on to ODOT for signature. Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 4/5/2010 Misc. Contracts and Agreements No. 25458 AMENDMENT NUMBER 02 LOCAL AGENCY AGREEMENT American Recovery and Reinvestment Act of 2009 1 R -Paving Huntington Road/Riverview Drive: South Century Drive — Burgess Road Deschutes County The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as "State," and Deschutes County, acting by and through its elected officials, hereinafter referred to as "Agency," entered into Local Agency Agreement No. 25458 on April 17, 2009, and Amendment Number 1 on July 16, 2009. Said Agreement covers a 2 -inch pavement overlay in accordance with 1R Guidelines, hereinafter referred to as "Project". It has now been determined by State and Agency that the Agreement referenced above shall be amended to increase the ARRA Program funds. The increase in ARRA Program Funds is made possible through cost savings from Jefferson County — Lone Pine Road: MP 0.0 — MP 3.7 Paving Project, Local Agency Agreement No. 25464. No new ARRA funds are being applied toward this Project. Except as expressly amended below, all other terms and conditions of the Agreement are still in full force and effect. TERMS OF AGREEMENT, Paragraph 2, Page 2, which reads: 2. The Project shall be conducted as a part of the ARRA Program under Title 23, United States Code. The total Project cost is estimated at $1,263,000, which is subject to change. ARRA Program funds for this Project shall be limited to $1,044,479. The Project will be financed with ARRA funds at 100 percent of the maximum allowable federal participating amount. Agency will not be required to provide a match for the ARRA funds but will be responsible for any non -participating costs, including all costs in excess of the available federal funds. No ARRA funded invoices will be accepted and no ARRA funded payments will be made after September 30, 2015. Shall be deleted in its entirety and replaced with the following: 2. The Project shall be conducted as a part of the ARRA Program under Title 23, United States Code. The total Project cost is estimated at $1,263,000, which is subject to change. ARRA Program funds for this Project shall be limited to $1,094,479. The Project will be financed with ARRA funds at 100 percent of the maximum allowable federal participating amount. Agency will not be required to provide a match for the ARRA funds but will be responsible for any non -participating costs, including all costs in excess of the available federal funds. No ARRA funded invoices will be accepted and no ARRA funded payments will be made after September 30, 2015. State/Agency Agreement No. 25458-02 TERMS OF AGREEMENT, Paragraph 6, Page 2, which reads: 6. Agency shall report to State the required reporting data by federal and state mandates for delivery of the ARRA program. State shall inform the local agencies of the reporting requirements once they have been received from FHWA and the Department of Administrative Services and such requirements shall be made a part of this Agreement. Shall be deleted in its entirety and replaced with the following: 6. Agency shall report to State the required reporting data by federal and state mandates for delivery of the ARRA program. State shall inform the Agency of the reporting requirements once they have been received from FHWA and the Oregon Department of Administrative Services and such requirements shall be made a part of this Agreement. Agency is also subject to other requirements for use of ARRA funds, including but not limited to the U.S. Comptroller and Inspector General, and ARRA Sign Requirement provisions. SPECIAL PROVISIONS, Paragraphs 10 through 16, shall be added and shall read as follows: 10. Job Recruitment — In addition to normal recruitment processes on all ARRA funded projects, the contractor and all subcontractors shall also list job openings through "WorkSource Oregon" with the exception that job listings are not necessary when the contractor or subcontractor fills a job opening with a present employee, a laid -off former employee, or a job candidate from a previous recruitment. 11.Agency shall include the ARRA requirements in any contract it enters into, including consultant contracts, and subcontracts at any tier. Agency may modify language to match its own specifications, but such modifications shall be reviewed and approved by State prior to incorporation into any contract. 12.Agency shall comply with ARRA requirements that provide the U.S. Comptroller General and his representatives with the authority: "(1) to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and (2) to interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions." 13.Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to this Agreement, which is funded with funds made available under the ARRA. Section 2 State/Agency Agreement No. 25458-02 902 further states that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. 14.Agency shall comply with the ARRA requirements that provide authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this Agreement. Agency is advised that representatives of the Inspector General have the authority to examine any record and interview any employee or officer of the contractor, its subcontractors or other firms working on this Project. Section 1515(b) of the ARRA further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an Inspector General. 15. Whistleblower Protection — The Agency and its Contractor shall, and shall require its subcontractors to, comply with Section 1553 of ARRA, which prohibits all non- federal contractors of ARRA funds, including the State of Oregon, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee as a reprisal for the employee's disclosure of information that the employee reasonably believes is evidence of: (a) gross mismanagement of a contract or grant relating to ARRA funds; (b) a gross waste of ARRA funds; (c) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (d) an abuse of authority related to implementation or use of ARRA funds; or (e) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to ARRA funds. The Contractor and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of ARRA. 16. False Claims Act — The Contractor shall promptly refer to an appropriate federal inspector general any credible evidence that a principal, employee, agent, subcontractor or other person has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. This Amendment may be executed in several counterparts (facsimile or otherwise) all of which when together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Amendment so executed shall constitute an original. THE PARTIES, by execution of this Agreement, hereby acknowledges that its signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. 3 State/Agency Agreement No. 25458-02 This Project is amended into the 2008-2011 Statewide Transportation Improvement Program, (Key #16474) that was approved by the Oregon Transportation Commission on November 14, 2007. The Oregon Transportation Commission on December 29, 2008, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day- to-day operations. Day-to-day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Highways to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program. DESCHUTES COUNTY, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Deputy Director Highways Date By Date Date APPROVAL RECOMMENDED By APPROVED AS TO LEGAL SUFFICIENCY Local Government Section Manager By Agency Counsel Date Agency Contact: George Kolb — County Engineer 61150 SE 27th St Bend, OR 97702 (541) 322-7113 georgek@co.deschutes.or.us 4 Date APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date State Contact: Darrell Newton, Local Agency Liaison ODOT - Region 4 63030 O.B. Riley Road Bend, OR 97701-5754 541-388-6272 Darrell.R.Newton@odot.state.or.us