The URL can be used to link to this page

Home My WebLink About2009-249 IGA AMND #1 - ARRA Pavement Overlay Misc. Contracts and Agreements No. 25537 AMENDMENT NUMBER 01 LOCAL AGENCY AGREEMENT American Recovery and Reinvestment Act of 2009 1 -R Paving Ashland City Streets: Pavement Overlay City of Ashland The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as "State and the City of Ashland, acting by and through its elected officials, hereinafter referred to as "Agency entered into an Agreement on April 22, 2009. Said Agreement covers a 2 -inch pavement overlay in accordance with 1R guidelines for Agency streets. It has now been determined by State and Agency that the Agreement referenced above shall be amended to reduce the total ARRA funding by $22,184. The $22,184 will be applied to Josephine County's ARRA project, Agreement No. 25465. 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 part of the ARRA Program under Title 23, United States Code. The total project cost is estimated at $438,791, which is subject to change. ARRA Program funds for this Project shall be limited to $438,791. 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 part of the ARRA Program under Title 23, United States Code. The total project cost is estimated at $416,607, which is subject to change. ARRA Program funds for this Project shall be limited to $416,607. 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. TERMS OF AGREEMENT, Paragraph 5, Page 2, which reads: Agency /State Agreement No. 25537 5. Agency can place signs that identify Project as "American Recovery and Reinvestment Act of 2009" (State approved design). Agency may affix additional signage that identifies local funds used for the Project. Shall be deleted in its entirety and replaced with the following: 5. Agency shall place signs that identify Project as "American Recovery and Reinvestment Act of 2009" (State approved design) as described in the ODOT Technical Bulletin TR09 -02(B) (or most current version) titled "Project Identification Sign for ODOT Economic Stimulus Projects Agency may affix additional signage that identifies Agency funds used for the Project. 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 that provides 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 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 2 Agency /State Agreement No. 25537 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 acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by its terms and conditions. This Project is in the 2008 -2011 Statewide Transportation Improvement Program, (Key #16518) 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 3 Agency /State Agreement No. 25537 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 2, in which day -to -day authority is delegated to the Deputy Director, Highways, which includes the authority to approve and sign agreements up to $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program. City of Ashland, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation I ii11��1 By r Laaisai By Deputy Dlpiebttor, Highways Date 17 /0 9 Date (bsacp By APPROVAL R CO ENDED Date BY APPROVED AS TO LEGAL Local Government Section Manager SU ICIENCY A Date Q /0 BY (XACtx' Agency Counsel APPROVED AS TO LEGAL 1 0� :D2" l Date i Agency Contact: Assistant Attorney General Mike Faught, Public Works Director 20 East Main St. Date: 7 /1 1 Ashland, OR 97520 faughtm @ashland.or.us (541) 552 -2411 State Contact: Kelli Sparkman ODOT Local Agency Liaison 100 Antelope Rd White City, OR 97503 Kelli.sparkman@odot.state.or.us (541) 774-6383 4 c regon Oregon Department of Transportation 3 Support Services Procurement Office Theodore A Kulongoslo, Gov ernor ti.i 455 Airport Rd. SE, Bldg. K Salem, OR 97301 -5348 January 14, 2010 City of Ashland Public Works Attn: Mike Faught, Director 20 East Main Street Ashland, OR 97520 Dear Mr. Faught, We have enclosed one original for your files of the fully executed Agreement 25537 -01 for our ongoing project which covers Ashland City Streets: Pavement Overlay. This Agreement has been signed by all parties. We have retained one signed original of the fully executed Agreement 25537 -01 on file at the Oregon Department of Transportation. If you have any questions regarding this Agreement, please contact me at my e-mail address jule.youngren @odot.state.or.us or at (503) 986 -2731. Sincerely, cb it i Jule Youngren Agreements Technical Assistant ODOT Procurement Office Enclosure C I T Y O F ASHLAND NOTICE OF TRANSMITTAL TO: Barbara Christensen DATE: Jan. 21, 2010 City Recorder PROJECT: Street Overlays (ARRA) JOB NO.: 2009 -11 SUBJECT: Amended Agreement No. 25537 THE FOLLOWING ITEMS ARE BEING SENT TO YOU: One original amended Agreement No. 25537 pertaining to ARRA funds for the City Streets Pavement Overlay Project ENCLOSED X UNDER SEPARATE COVER REMARKS: For filing COPIES TO: Department of Public a p By: James H. Olson Title: Engineering Servic y anager PUBLIC WORKS Tel: 541 -488 -5587 20 E. Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800- 735 -2900 "Ai www.ashland.or.us