HomeMy WebLinkAboutItem 07 IGA with ODOT - Main Street Facility PlanAGENDA ITEM SUMMARY Meeting Date: 6/4/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Molly Markarian/DPW
Staff Phone No: 541-726-4611
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE:
MAIN STREET FACILITY PLAN INTERGOVERNMENTAL AGREEMENT
ACTION
REQUESTED:
Authorize the City Manager to further negotiate and execute an Intergovernmental
Agreement (IGA) with the Oregon Department of Transportation (ODOT) for the
City’s participation in the development of a Main Street Facility Plan that is
substantially similar to the attached draft contract.
ISSUE
STATEMENT:
A Main Street Facility Plan is the work product that will pull together the analysis,
public outreach, and design concepts developed during the Planning Phase of the
Main Street Safety Project. Staff collaborated with ODOT to reach agreement on a
scope of work for consultant services and an IGA for City and State
responsibilities. On April 3, 2018, ODOT executed the consultant contract and
formally issued a notice to proceed with the Facility Plan process. Execution of the
IGA is necessary for partial reimbursement of City project expenditures.
ATTACHMENTS:
Attachment 1: Draft City-ODOT IGA
DISCUSSION/
FINANCIAL
IMPACT:
The City and ODOT are collaborating to develop a transportation facility plan for
the 5-mile-long segment of Main Street (OR-126) that extends between 20th Street
and 72nd Street. ODOT has contracted with a consultant team to provide
transportation planning and public involvement services to help develop the facility
plan. A summary of the consultant contract is provided in Exhibit A of Attachment
1.
ODOT has agreed to reimburse the City for a portion of the staff and material costs
that the City expects to incur through its participation in the development of the
facility plan, up to $200,000. The draft IGA included as Attachment 1 documents
the financial and administrative commitments of the City and ODOT. City staff and
legal counsel have requested final refinements to the contract language, and ODOT
staff anticipates a final draft will be ready for execution during Council recess. The
requested refinements include changes for language consistency and wording
adjustments in Exhibit B to permit shifting expenditures between staff costs and
material costs under the total cap.
Misc. Contracts and Agreements
No. 32790
INTERGOVERNMENTAL AGREEMENT
Springfield Main Street (OR 126 East) Safety Project
City of Springfield
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 SPRINGFIELD, acting by and through its elected officials, hereinafter
referred to as "Agency,” both herein referred to individually or collectively as “Party” or
“Parties.”
RECITALS
1. By the authority granted in Oregon Revised Statute (ORS) 190.110, state agencies
may enter into agreements with units of local government for the performance of any
or all functions and activities that a party to the agreement, its officers, or agents
have the authority to perform.
2. State and Agency are collaborating to develop a transportation facility plan for the
4.9 mile-long segment of Main Street (also designated Oregon Route 126) that
extends between 20th Street and 72nd Street. This planning project is titled the
Springfield Main Street (OR126 East) Safety Project, and hereinafter is referred to
as “Plan.”
3. The purpose of this Plan is to assess current conditions along the 4.9 mile-long
segment of the facility and develop a long-range plan to reconfigure the facility within
the study area to support adopted Agency land use plans and improve facility safety
and multi-modal operations.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State has contracted with DKS Associates, hereinafter
referred to as “Consultant,” to provide transportation planning and public
involvement services to help develop the Plan. A summary of the Consultant work
order contract (WOC 23 under PA B31878), hereinafter referred to as “WOC,” is as
shown in Exhibit A, attached hereto and by this reference made a part hereof. State
also agrees to reimburse Agency for a portion of the costs that Agency expects to
directly incur through their participation in the development of the Plan, as detailed in
Exhibit B. This Agreement documents the financial and administrative commitments
of State and Agency.
2. The Project will be financed at an estimated total Project cost of $913,184.36 in state
and federal funds. The estimate for the total Project cost is subject to change.
State’s reimbursement to Agency for Agency’s participation in the development of
Attachment 1, Page 1 of 13
City of Springfield/ODOT
Agreement No. 32790
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the Plan shall not exceed $200,000. State shall be responsible for any
nonparticipating costs and Project costs beyond the estimate.
3. The term of this Agreement shall begin on the date all required signatures are
obtained and shall automatically terminate on July 31, 2023, unless extended by a
fully executed amendment.
AGENCY OBLIGATIONS
1. Agency shall collaborate with State to participate in, and help State oversee and
manage the work assigned to the Consultant through the WOC as generally
described in Exhibit A. Agency agrees that State will serve as the lead contracting
agency and contract administrator.
2. Agency shall perform the various tasks required to support the Plan development
described in “Exhibit B,” attached hereto and by this reference made a part hereof.
3. Agency shall review all invoices submitted by Consultant and recommend State
authorization of Consultant payments. Such recommendations shall identify the
Plan, the Agreement number, the invoice number or the account number or both,
and shall specify the amount recommended for Consultant payment.
4. Agency shall keep accurate cost accounting records. Agency shall prepare and
electronically submit to State’s Project Manager monthly itemized invoices and
progress reports for review and approval. Such invoices shall be in a form
identifying the Plan, the Agreement number, the invoice number or the account
number or both, and shall itemize all expenses for which reimbursement is
requested. Reimbursement requests shall be consistent with the Agency’s actual
costs as specified in Exhibit B. Travel expenses shall not be reimbursed. Under no
conditions shall State’s obligations for Agency’s costs exceed $200,000.
5. Agency shall not enter into any subcontracts for any of the work scheduled under
this Agreement without obtaining prior written approval from State.
6. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235
and 279B.270 incorporated herein by reference and made a part hereof. Without
limiting the generality of the foregoing, Agency expressly agrees to comply with (i)
Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation
Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv)
all regulations and administrative rules established pursuant to the foregoing laws;
and (v) all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
7. Agency shall perform the work assigned to Agency under this Agreement as an
independent contractor and shall be exclusively responsible for all costs and
expenses related to its employment of individuals to perform the work under this
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City of Springfield/ODOT
Agreement No. 32790
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Agreement including, but not limited to, retirement contributions, workers
compensation, unemployment taxes, and state and federal income tax withholdings.
8. All employers, including Agency, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers’ Compensation coverage unless such employers are exempt
under ORS 656.126. Employers Liability insurance with coverage limits of not less
than $500,000 must be included. Agency shall ensure that each of its contractors
complies with these requirements.
9. Agency certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of Agency,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind Agency.
10. Agency’s Project Manager for this Project is Molly Markarian, Senior Planner, City of
Springfield, 225 5th Street, Springfield, Oregon 97477; telephone: (541) 726-4611;
email: mmarkarian@springfield-or.gov, or assigned designee upon individual’s
absence. Agency shall notify the other Party in writing of any contact information
changes during the term of this Agreement.
STATE OBLIGATIONS
1. State and Agency agree that State shall be responsible for administering the
Consultant contract used for the development of the Plan.
2. State shall use the Consultant services described in Exhibit A to assist in the
development and documentation of the Plan.
3. State shall reimburse the invoices submitted by the Consultant upon determination
by State and Agency that such invoices are true and accurate.
4. State shall, upon execution of this Agreement, establish an expenditure account
funded with $200,000 in state and federal funds to reimburse Agency on a monthly
basis for a portion of Agency’s expenses, as specified in Exhibit B and in accordance
with Agency’s responsibilities as established in this Agreement. State’s maximum
reimbursement to Agency shall not exceed $200,000.
5. State’s Project Manager shall coordinate with Agency’s Project Manager before
making Project management decisions that require state authority.
6. State’s Project Manager will advise and coordinate with Agency’s Project Manager
of any difficulties in obtaining needed Project data from other entities.
7. State will instruct Consultant to provide copies of monthly progress reports and
invoices to Agency’s Project Manager for review and initial concurrence.
Attachment 1, Page 3 of 13
City of Springfield/ODOT
Agreement No. 32790
4
8. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
9. State’s Project Manager for this Project is Bill Johnston, Senior Region Planner,
Region 2, Area 5, 2080 Laura Street, Springfield, Oregon 97477; telephone: (541)
747-1354; email: bill.w.johnson@odot.state.or.us, or assigned designee upon
individual’s absence. State shall notify the other Party in writing of any contact
information changes during the term of this Agreement.
GENERAL PROVISIONS
1. Each Party shall ensure that its activities under this Agreement comply with Section
504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
as amended (together, “ADA”). The Parties agree that all planning products
identified in Exhibit B shall be ADA-compliant, and that all recommendations
provided and options and alternatives evaluated as part of the work under this
Agreement shall meet ADA requirements.
2. This Agreement may be terminated by mutual written consent of both Parties.
3. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this
Agreement in accordance with its terms, and after receipt of written
notice from State fails to correct such failures within ten (10) days or
such longer period as State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or State is prohibited from paying for such work from the
planned funding source.
4. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
Attachment 1, Page 4 of 13
City of Springfield/ODOT
Agreement No. 32790
5
5. If any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or
Agency with respect to which the other Party may have liability, the notified Party
must promptly notify the other Party in writing of the Third Party Claim and deliver to
the other Party a copy of the claim, process, and all legal pleadings with respect to
the Third Party Claim. Each Party is entitled to participate in the defense of a Third
Party Claim, and to defend a Third Party Claim with counsel of its own choosing.
Receipt by a Party of the notice and copies required in this paragraph and
meaningful opportunity for the Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to that Party's liability with respect to the Third Party Claim.
6. With respect to a Third Party Claim for which State is jointly liable with Agency (or
would be if joined in the Third Party Claim), State shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by Agency in such
proportion as is appropriate to reflect the relative fault of State on the one hand and
of Agency on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of State on the one hand and of Agency
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. State’s contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.
7. With respect to a Third Party Claim for which Agency is jointly liable with State (or
would be if joined in the Third Party Claim), Agency shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by State in such
proportion as is appropriate to reflect the relative fault of Agency on the one hand
and of State on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of Agency on the one hand and of State
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. Agency's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.
8. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
Attachment 1, Page 5 of 13
City of Springfield/ODOT
Agreement No. 32790
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9. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
10. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
Party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
Signature Page Follows
Attachment 1, Page 6 of 13
City of Springfield/ODOT
Agreement No. 32790
7
CITY OF SPRINGFIELD, by and through
its designated officials
By _______________________________
City Manager
Date _____________________________
APPROVED AS TO FORM
By _______________________________
Agency Counsel
Date _____________________________
REVIEWED BY CITY CONTRACT
OFFICER
By ______________________________
City Contract Officer
Date ____________________________
Agency Contact:
Molly Markarian, Senior Planner
City of Springfield
225 5th Street
Springfield, Oregon 97477
(541) 726-4611
mmarkarian@springfield-or.gov
State Contact:
Bill Johnston, Senior Region Planner
ODOT Region 2, Area 5
1121 Fairfield Avenue
Eugene, Oregon 97402
(541) 747-1354
Bill.w.johnston@odot.state.or.us
STATE OF OREGON, by and through
its Department of Transportation
By ______________________________
Highway Division Administrator
Date ____________________________
APPROVAL RECOMMENDED
By ______________________________
Region 2 Manager
Date ____________________________
By ______________________________
Region 2 Planning and Development
Review Manager
Date _____________________________
APPROVED AS TO LEGAL
SUFFICIENCY
By_______________________________
Assistant Attorney General
Date_____________________________
Attachment 1, Page 7 of 13
City of Springfield/ODOT
Agreement No. 32790
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EXHIBIT A
State and Agency are collaborating to develop a facility plan for the 4.9-mile-long
segment of Main Street (OR 126) that extends between 20th Street (M.P. 2.98) and
72nd Street (M.P. 7.88). This planning project is referred to as the Springfield Main
Street (OR 126 East) Safety Project.
State is the lead agency. OR 126 is a state-owned facility. State has contracted with
DKS Associates (Consultant) to provide transportation planning and public involvement
services required to develop the facility plan. The purpose of the project (and the
resulting plan) is to assess existing and future transportation safety and operational
conditions within the study area, for all modes of travel, and to identify solutions for
adoption into state and local plans.
The project team (State, Agency, and Consultant) will analyze the need, technical
viability, and public support for alternative solutions to improve safety. Various design
options, including improved sidewalks, crosswalks, median treatments, and
roundabouts will be considered along with other alternatives. The plan will also consider
future transit service improvement options along the corridor and develop alternative
solutions in coordination with Lane Transit District (LTD).
The facility plan will provide a basis for Agency to amend its Transportation System
Plan (TSP) and development regulations if necessary. The project will also identify
goals, objective and key principles, and include stakeholder outreach and other public
involvement, consistent with the requirements of NEPA and OAR 734 051 7010
(Access Management in Highway Facility Plans).
The following is a summary of the tasks included in the contract between State and
Consultant. For additional detail refer to State Work Order Contract # 23 under Price
Agreement # PA B31878.
Task Description
1 Project Management
2 Public Involvement
3 Plans and Policies Framework and Literature Review
4 Existing Transportation Conditions
5 Existing Environmental and Lane Use Conditions
6 Future Baseline Travel Forecasts and Conditions Analysis
7 Problem Statement, Goals & Objectives, Key Principles, and Methodology
8 Develop and Evaluate Alternatives
9 Policy and Ordinance Amendments, Findings
10 Facility Plan Development
11 Final Highway Facility Plan Summary of Findings
Attachment 1, Page 8 of 13
City of Springfield/ODOT
Agreement No. 32790
9
EXHIBIT B
Agency Scope of Work
Overview
Exhibit A summarizes the purpose of the project and the services that will be provided
by the consultant. The specific tasks that will be performed by the Consultant (DKS
Associates) are described in the Work Order Contract (WOC).
This exhibit describes the tasks that will be performed by the City of Springfield
(Agency). They correspond with the tasks outlined in the WOC, except as noted.
Tasks are identified as either “product” or “participation.” Tasks labeled “product” are
those that require Agency staff to develop a document, research material, or other
product. Tasks labeled “participation” only require Agency staff to contribute to or review
and comment on products developed by the Consultant.
The maximum amount Agency will be reimbursed is specified for each task. A table
summarizing all reimbursements follows the task description summaries below.
Due dates are not specified. However, this Agreement establishes that the parties
mutually agree to the expectation that Agency will cooperate in completing tasks in a
timely manner according to the schedule established by the project team (State,
Agency, and Consultant) as described in the WOC.
Task 1: Project Management
Role: Participation. Reimbursement: $10,381
Agency will assist in managing the project. This will include coordinating and reviewing
work assignments, monitoring the project schedule and budget, participating in project
Technical Advisory Committee (TAC) meetings, providing recommendations, and
collaborating on decisions.
Task 2: Develop and Implement Public Involvement Approach
Role: Participation and product. Reimbursement: $112,744
Agency will participate in developing and implementing a public process to gain input at
key milestones throughout the duration of the project.
Agency will have lead responsibility for the following tasks. (The task numbers
correspond with the tasks outlined in the Consultant’s WOC, except where otherwise
noted.)
2.1 Research & Project Definition
Agency will conduct a simple focus group (partnering session) to test project identity,
key messages and existing public perception of the project. Agency will subcontract with
Attachment 1, Page 9 of 13
City of Springfield/ODOT
Agreement No. 32790
10
a consulting firm to provide facilitation services for this meeting. The cost of this service
is accounted for in Task 12.
2.3 Advisory and Governance Bodies
Agency will organize, prepare for, and lead up to five (5) briefings for the City of
Springfield Planning Commission, in their official advisory role to the City Council.
2.4 Community Engagement
Agency will coordinate and attend up to twelve (12) one-hour-long community group
meetings to provide the public with project fact sheets and other information materials,
and answer questions.
2.6 Public Information
a. Media plan and news releases: Agency will develop a media plan that identifies key
news outlets and a strategy for releasing information. City staff will prepare up to
four (4) draft news releases and media packets at key milestones for PMT review,
City approval, and distribution.
b. Social media: Agency will manage use of social media for project. Website updates,
email updates, press releases and other outreach materials will form the basis of
social media feeds.
c. Mailers: Agency will develop, print, and distribute a Project Introduction mailer
targeted to project stakeholders including corridor businesses, property owners and
residents, freight industry and economic development representatives, and others
who have expressed interest in the project to introduce the project and in
conjunction with the first online open house. Prior to the alternatives open house,
City will design a printed information piece (postcard or other comparable tool) for
broader city-wide distribution. Additionally, City, in consultation with ODOT, will
develop, print, and mail all SB408-required mailers.
2.7 Documentation of Public Involvement Program (Not described in WOC)
Agency will develop and maintain a database of interested stakeholders such as
businesses, residents, property owners, corridor users/freight, and other community
organizations within the project area. The database will be developed using Highrise
CRM and Constant Contact software. Information will include email addresses, phone
numbers, mailing addresses, and affiliated organization (if any).
Task 3: Plans and Policies Framework and Literature Review
Role: Participation. Reimbursement: $2,572
Agency will assist in compiling state and local planning documents, reviewing
consultant’s assessment of available literature, provide advice to consultant in
developing and inventory of existing businesses along the corridor.
Task 4: Existing Transportation Conditions
Attachment 1, Page 10 of 13
City of Springfield/ODOT
Agreement No. 32790
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Role: Participation. Reimbursement: $3,300
Agency will assist consultant in developing an inventory of transportation facilities and
analyzing existing traffic conditions.
Task 5: Existing Environmental and Land Use Conditions
Role: Participation. Reimbursement: $898
Agency will assist consultant in identifying and summarizing land use and environmental
constraints along the corridor.
Task 6: Future Baseline Travel Forecasts and Conditions Analysis
Role: Participation. Reimbursement: $780
Agency will review future traffic volume forecasts and transportation conditions
developed by the consultant.
Task 7: Problem Statement, Goals & Objectives, Key Principles, and Methodology
Role: Participation. Reimbursement: $5,024
Agency will assist in developing a problem statement, goals, and objectives for the
project. Agency will also assist in developing key principles, evaluation criteria, and a
methodology for making access management decisions.
Task 8: Develop and Evaluate Alternatives
Role: Participation. Reimbursement: $5,437
Agency will assist the project team in developing and evaluating transportation system
alternatives.
Task 9: Policy and Ordinance Amendments, Findings
Role: Participation. Reimbursement: $1,962
Agency will assist consultant in developing amendments to city policies and regulations
that will be necessary to implement the recommendations identified in the facility plan.
Task 10: Facility Plan Development
Role: Participation. Reimbursement: $3,302
Agency will assist consultant in developing, reviewing, and refining a draft and final
Facility Plan documenting the findings and recommendations of the project.
Task 11: Plan Adoption
Note: This task is different than WOC Task 11. Consultant Task 11 will produce the
findings the Agency will use for the local Plan adoption process.
Role: Product. Reimbursement: $5,880
11.1 Local Agency Applications
Attachment 1, Page 11 of 13
City of Springfield/ODOT
Agreement No. 32790
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Agency will prepare findings to amend the Comprehensive Plan of the City of
Springfield. Findings will provide details sufficient to demonstrate compliance with state
and local laws. Agency will be responsible for preparing the application, including the
findings in the staff report, and development of ordinance for adoption. Agency will also
prepare and distribute of DLCD Notice of Amendment and Adoption, as well as public
hearing notices.
11.2 Local Agency Hearings Comment Log
Agency will maintain a log of all revisions to the Facility Plan and related
Comprehensive Plan and Ordinance amendments requested through the local public
hearings. The log will be used to track all revisions necessary for successful adoption
and to show how requested changes have been addressed.
11.3 Local Agency Planning Commission Public Hearings
Agency will schedule, attend, and make presentations regarding the adoption of the
Facility Plan and related comprehensive plan and ordinance amendments at public
hearings before the City of Springfield Planning Commission.
11.4 Local Agency City Council Hearings
Agency will schedule, attend, and make presentations regarding the adoption of the
Facility Plan and related comprehensive plan and ordinance amendments at public
hearings before the local agency City Council.
11.5 Central Lane MPO Public Hearing
Agency will schedule, attend, and make a presentation regarding the adoption of the
Facility Plan and related Regional Transportation Plan (RTP) amendments at one (1)
public hearing before the Central Lane MPO Policy Board.
Task 12: Materials and Services
State will reimburse Agency for all of the direct cost of materials and services
associated with Task 2. This includes printed materials, postage, and subcontracted
facilitation services. Travel expenses shall not be reimbursed.
Role: Product. Reimbursement: $47,720
Attachment 1, Page 12 of 13
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Agreement No. 32790
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EXHIBIT B, continued
Reimbursement Schedule
The following table specifies the maximum amount State will reimburse Agency for each
task. Refer to footnotes for additional explanation.
Task Description Product
(Note 1) Amount
(Note 2)
1. Project Management $10,381
2. Public Involvement X $112,744
3. Plans and Policies Framework and Literature Review $2,572
4. Existing Transportation Conditions $3,300
5. Existing Environmental and Lane Use Conditions $898
6. Future Baseline Travel Forecasts and Conditions Analysis $780
7. Problem Statement, Goals & Obj, Key Principles, and Methodology $5,024
8. Develop and Evaluate Alternatives $5,437
9. Policy and Ordinance Amendments, Findings $1,962
10. Facility Plan Development $3,302
11. Plan Adoption X $5,880
12. Materials X $47,720
Total reimbursement (time + materials) $200,000
Notes
1. Refer to Exhibit B task summaries for task details.
2. Tasks marked with an X are those where the Agency has lead responsibility for developing a
document, research material, or other product. All other task funding is to support Agency’s
participation in contributing to or reviewing and commenting on products developed by the
Consultant.
The maximum amount State will reimburse Agency is specified for each task. The total reimbursement
($200,000) represents approximately 60% of Agency’s estimated actual expenses.
State will reimburse Agency for 100% of the direct cost of materials and services associated with Task 2,
up to the maximum amount indicated. This primarily includes printed materials and postage. Travel
expenses shall not be reimbursed.
Due dates are not specified. However, this Agreement establishes that the parties mutually agree to the
expectation that Agency will cooperate in completing tasks in a timely manner according to the schedule
established by the project team (State, Agency, and Consultant) as described in the WOC.
Attachment 1, Page 13 of 13
Misc. Contracts and Agreements
No. 32790
INTERGOVERNMENTAL AGREEMENT
Springfield Main Street (OR 126 East) Safety Project
City of Springfield
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 SPRINGFIELD, acting by and through its elected officials, hereinafter
referred to as "Agency,” both herein referred to individually or collectively as “Party” or
“Parties.”
RECITALS
1. By the authority granted in Oregon Revised Statute (ORS) 190.110, state agencies
may enter into agreements with units of local government for the performance of any
or all functions and activities that a party to the agreement, its officers, or agents
have the authority to perform.
2. State and Agency are collaborating to develop a transportation facility plan for the
4.9 mile-long segment of Main Street (also designated Oregon Route 126) that
extends between 20th Street and 72nd Street. This planning project is titled the
Springfield Main Street (OR126 East) Safety Project, and hereinafter is referred to
as “Plan.”
3. The purpose of this Plan is to assess current conditions along the 4.9 mile-long
segment of the facility and develop a long-range plan to reconfigure the facility within
the study area to support adopted Agency land use plans and improve facility safety
and multi-modal operations.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State has contracted with DKS Associates, hereinafter
referred to as “Consultant,” to provide transportation planning and public
involvement services to help develop the Plan. A summary of the Consultant work
order contract (WOC 23 under PA B31878), hereinafter referred to as “WOC,” is as
shown in Exhibit A, attached hereto and by this reference made a part hereof. State
also agrees to reimburse Agency for a portion of the costs that Agency expects to
directly incur through their participation in the development of the Plan, as detailed in
Exhibit B. This Agreement documents the financial and administrative commitments
of State and Agency.
2. The Project will be financed at an estimated total Project cost of $913,184.36 in state
and federal funds. The estimate for the total Project cost is subject to change.
State’s reimbursement to Agency for Agency’s participation in the development of
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the Plan shall not exceed $200,000. State shall be responsible for any
nonparticipating costs and Project costs beyond the estimate.
3. The term of this Agreement shall begin on the date all required signatures are
obtained and shall automatically terminate on July 31, 2023, unless extended by a
fully executed amendment.
AGENCY OBLIGATIONS
1. Agency shall collaborate with State to participate in, and help State oversee and
manage the work assigned to the Consultant through the WOC as generally
described in Exhibit A. Agency agrees that State will serve as the lead contracting
agency and contract administrator.
2. Agency shall perform the various tasks required to support the Plan development
described in “Exhibit B,” attached hereto and by this reference made a part hereof.
3. Agency shall review all invoices submitted by Consultant and recommend State
authorization of Consultant payments. Such recommendations shall identify the
Plan, the Agreement number, the invoice number or the account number or both,
and shall specify the amount recommended for Consultant payment.
4. Agency shall keep accurate cost accounting records. Agency shall prepare and
electronically submit to State’s Project Manager monthly itemized invoices and
progress reports for review and approval. Such invoices shall be in a form
identifying the Plan, the Agreement number, the invoice number or the account
number or both, and shall itemize all expenses for which reimbursement is
requested. Reimbursement requests shall be consistent with the Agency’s actual
costs as specified in Exhibit B. Travel expenses shall not be reimbursed. Under no
conditions shall State’s obligations for Agency’s costs exceed $200,000.
5. Agency shall not enter into any subcontracts for any of the work scheduled under
this Agreement without obtaining prior written approval from State.
6. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235
and 279B.270 incorporated herein by reference and made a part hereof. Without
limiting the generality of the foregoing, Agency expressly agrees to comply with (i)
Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation
Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv)
all regulations and administrative rules established pursuant to the foregoing laws;
and (v) all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
7. Agency shall perform the work assigned to Agency under this Agreement as an
independent contractor and shall be exclusively responsible for all costs and
expenses related to its employment of individuals to perform the work under this
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Agreement including, but not limited to, retirement contributions, workers
compensation, unemployment taxes, and state and federal income tax withholdings.
8. All employers, including Agency, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers’ Compensation coverage unless such employers are exempt
under ORS 656.126. Employers Liability insurance with coverage limits of not less
than $500,000 must be included. Agency shall ensure that each of its contractors
complies with these requirements.
9. Agency certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of Agency,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind Agency.
10. Agency’s Project Manager for this Project is Molly Markarian, Senior Planner, City of
Springfield, 225 5th Street, Springfield, Oregon 97477; telephone: (541) 726-4611;
email: mmarkarian@springfield-or.gov, or assigned designee upon individual’s
absence. Agency shall notify the other Party in writing of any contact information
changes during the term of this Agreement.
STATE OBLIGATIONS
1. State and Agency agree that State shall be responsible for administering the
Consultant contract used for the development of the Plan.
2. State shall use the Consultant services described in Exhibit A to assist in the
development and documentation of the Plan.
3. State shall reimburse the invoices submitted by the Consultant upon determination
by State and Agency that such invoices are true and accurate.
4. State shall, upon execution of this Agreement, establish an expenditure account
funded with $200,000 in state and federal funds to reimburse Agency on a monthly
basis for a portion of Agency’s expenses, as specified in Exhibit B and in accordance
with Agency’s responsibilities as established in this Agreement. State’s maximum
reimbursement to Agency shall not exceed $200,000.
5. State’s Project Manager shall coordinate with Agency’s Project Manager before
making Project management decisions that require state authority.
6. State’s Project Manager will advise and coordinate with Agency’s Project Manager
of any difficulties in obtaining needed Project data from other entities.
7. State will instruct Consultant to provide copies of monthly progress reports and
invoices to Agency’s Project Manager for review and initial concurrence.
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8. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
9. State’s Project Manager for this Project is Bill Johnston, Senior Region Planner,
Region 2, Area 5, 2080 Laura Street, Springfield, Oregon 97477; telephone: (541)
747-1354; email: bill.w.johnson@odot.state.or.us, or assigned designee upon
individual’s absence. State shall notify the other Party in writing of any contact
information changes during the term of this Agreement.
GENERAL PROVISIONS
1. Each Party shall ensure that its activities under this Agreement comply with Section
504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
as amended (together, “ADA”). The Parties agree that all planning products
identified in Exhibit B shall be ADA-compliant, and that all recommendations
provided and options and alternatives evaluated as part of the work under this
Agreement shall meet ADA requirements.
2. This Agreement may be terminated by mutual written consent of both Parties.
3. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this
Agreement in accordance with its terms, and after receipt of written
notice from State fails to correct such failures within ten (10) days or
such longer period as State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or State is prohibited from paying for such work from the
planned funding source.
4. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
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5. If any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or
Agency with respect to which the other Party may have liability, the notified Party
must promptly notify the other Party in writing of the Third Party Claim and deliver to
the other Party a copy of the claim, process, and all legal pleadings with respect to
the Third Party Claim. Each Party is entitled to participate in the defense of a Third
Party Claim, and to defend a Third Party Claim with counsel of its own choosing.
Receipt by a Party of the notice and copies required in this paragraph and
meaningful opportunity for the Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to that Party's liability with respect to the Third Party Claim.
6. With respect to a Third Party Claim for which State is jointly liable with Agency (or
would be if joined in the Third Party Claim), State shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by Agency in such
proportion as is appropriate to reflect the relative fault of State on the one hand and
of Agency on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of State on the one hand and of Agency
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. State’s contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.
7. With respect to a Third Party Claim for which Agency is jointly liable with State (or
would be if joined in the Third Party Claim), Agency shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by State in such
proportion as is appropriate to reflect the relative fault of Agency on the one hand
and of State on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of Agency on the one hand and of State
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. Agency's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.
8. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
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9. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
10. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
Party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
Signature Page Follows
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CITY OF SPRINGFIELD, by and through
its designated officials
By _______________________________
City Manager
Date _____________________________
APPROVED AS TO FORM
By _______________________________
Agency Counsel
Date _____________________________
REVIEWED BY CITY CONTRACT
OFFICER
By ______________________________
City Contract Officer
Date ____________________________
Agency Contact:
Molly Markarian, Senior Planner
City of Springfield
225 5th Street
Springfield, Oregon 97477
(541) 726-4611
mmarkarian@springfield-or.gov
State Contact:
Bill Johnston, Senior Region Planner
ODOT Region 2, Area 5
1121 Fairfield Avenue
Eugene, Oregon 97402
(541) 747-1354
Bill.w.johnston@odot.state.or.us
STATE OF OREGON, by and through
its Department of Transportation
By ______________________________
Highway Division Administrator
Date ____________________________
APPROVAL RECOMMENDED
By ______________________________
Region 2 Manager
Date ____________________________
By ______________________________
Region 2 Planning and Development
Review Manager
Date _____________________________
APPROVED AS TO LEGAL
SUFFICIENCY
By_______________________________
Assistant Attorney General
Date_____________________________
Attachment 1, Page 7 of 13
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EXHIBIT A
State and Agency are collaborating to develop a facility plan for the 4.9-mile-long
segment of Main Street (OR 126) that extends between 20th Street (M.P. 2.98) and
72nd Street (M.P. 7.88). This planning project is referred to as the Springfield Main
Street (OR 126 East) Safety Project.
State is the lead agency. OR 126 is a state-owned facility. State has contracted with
DKS Associates (Consultant) to provide transportation planning and public involvement
services required to develop the facility plan. The purpose of the project (and the
resulting plan) is to assess existing and future transportation safety and operational
conditions within the study area, for all modes of travel, and to identify solutions for
adoption into state and local plans.
The project team (State, Agency, and Consultant) will analyze the need, technical
viability, and public support for alternative solutions to improve safety. Various design
options, including improved sidewalks, crosswalks, median treatments, and
roundabouts will be considered along with other alternatives. The plan will also consider
future transit service improvement options along the corridor and develop alternative
solutions in coordination with Lane Transit District (LTD).
The facility plan will provide a basis for Agency to amend its Transportation System
Plan (TSP) and development regulations if necessary. The project will also identify
goals, objective and key principles, and include stakeholder outreach and other public
involvement, consistent with the requirements of NEPA and OAR 734 051 7010
(Access Management in Highway Facility Plans).
The following is a summary of the tasks included in the contract between State and
Consultant. For additional detail refer to State Work Order Contract # 23 under Price
Agreement # PA B31878.
Task Description
1 Project Management
2 Public Involvement
3 Plans and Policies Framework and Literature Review
4 Existing Transportation Conditions
5 Existing Environmental and Lane Use Conditions
6 Future Baseline Travel Forecasts and Conditions Analysis
7 Problem Statement, Goals & Objectives, Key Principles, and Methodology
8 Develop and Evaluate Alternatives
9 Policy and Ordinance Amendments, Findings
10 Facility Plan Development
11 Final Highway Facility Plan Summary of Findings
Attachment 1, Page 8 of 13
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EXHIBIT B
Agency Scope of Work
Overview
Exhibit A summarizes the purpose of the project and the services that will be provided
by the consultant. The specific tasks that will be performed by the Consultant (DKS
Associates) are described in the Work Order Contract (WOC).
This exhibit describes the tasks that will be performed by the City of Springfield
(Agency). They correspond with the tasks outlined in the WOC, except as noted.
Tasks are identified as either “product” or “participation.” Tasks labeled “product” are
those that require Agency staff to develop a document, research material, or other
product. Tasks labeled “participation” only require Agency staff to contribute to or review
and comment on products developed by the Consultant.
The maximum amount Agency will be reimbursed is specified for each task. A table
summarizing all reimbursements follows the task description summaries below.
Due dates are not specified. However, this Agreement establishes that the parties
mutually agree to the expectation that Agency will cooperate in completing tasks in a
timely manner according to the schedule established by the project team (State,
Agency, and Consultant) as described in the WOC.
Task 1: Project Management
Role: Participation. Reimbursement: $10,381
Agency will assist in managing the project. This will include coordinating and reviewing
work assignments, monitoring the project schedule and budget, participating in project
Technical Advisory Committee (TAC) meetings, providing recommendations, and
collaborating on decisions.
Task 2: Develop and Implement Public Involvement Approach
Role: Participation and product. Reimbursement: $112,744
Agency will participate in developing and implementing a public process to gain input at
key milestones throughout the duration of the project.
Agency will have lead responsibility for the following tasks. (The task numbers
correspond with the tasks outlined in the Consultant’s WOC, except where otherwise
noted.)
2.1 Research & Project Definition
Agency will conduct a simple focus group (partnering session) to test project identity,
key messages and existing public perception of the project. Agency will subcontract with
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a consulting firm to provide facilitation services for this meeting. The cost of this service
is accounted for in Task 12.
2.3 Advisory and Governance Bodies
Agency will organize, prepare for, and lead up to five (5) briefings for the City of
Springfield Planning Commission, in their official advisory role to the City Council.
2.4 Community Engagement
Agency will coordinate and attend up to twelve (12) one-hour-long community group
meetings to provide the public with project fact sheets and other information materials,
and answer questions.
2.6 Public Information
a. Media plan and news releases: Agency will develop a media plan that identifies key
news outlets and a strategy for releasing information. City staff will prepare up to
four (4) draft news releases and media packets at key milestones for PMT review,
City approval, and distribution.
b. Social media: Agency will manage use of social media for project. Website updates,
email updates, press releases and other outreach materials will form the basis of
social media feeds.
c. Mailers: Agency will develop, print, and distribute a Project Introduction mailer
targeted to project stakeholders including corridor businesses, property owners and
residents, freight industry and economic development representatives, and others
who have expressed interest in the project to introduce the project and in
conjunction with the first online open house. Prior to the alternatives open house,
City will design a printed information piece (postcard or other comparable tool) for
broader city-wide distribution. Additionally, City, in consultation with ODOT, will
develop, print, and mail all SB408-required mailers.
2.7 Documentation of Public Involvement Program (Not described in WOC)
Agency will develop and maintain a database of interested stakeholders such as
businesses, residents, property owners, corridor users/freight, and other community
organizations within the project area. The database will be developed using Highrise
CRM and Constant Contact software. Information will include email addresses, phone
numbers, mailing addresses, and affiliated organization (if any).
Task 3: Plans and Policies Framework and Literature Review
Role: Participation. Reimbursement: $2,572
Agency will assist in compiling state and local planning documents, reviewing
consultant’s assessment of available literature, provide advice to consultant in
developing and inventory of existing businesses along the corridor.
Task 4: Existing Transportation Conditions
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Role: Participation. Reimbursement: $3,300
Agency will assist consultant in developing an inventory of transportation facilities and
analyzing existing traffic conditions.
Task 5: Existing Environmental and Land Use Conditions
Role: Participation. Reimbursement: $898
Agency will assist consultant in identifying and summarizing land use and environmental
constraints along the corridor.
Task 6: Future Baseline Travel Forecasts and Conditions Analysis
Role: Participation. Reimbursement: $780
Agency will review future traffic volume forecasts and transportation conditions
developed by the consultant.
Task 7: Problem Statement, Goals & Objectives, Key Principles, and Methodology
Role: Participation. Reimbursement: $5,024
Agency will assist in developing a problem statement, goals, and objectives for the
project. Agency will also assist in developing key principles, evaluation criteria, and a
methodology for making access management decisions.
Task 8: Develop and Evaluate Alternatives
Role: Participation. Reimbursement: $5,437
Agency will assist the project team in developing and evaluating transportation system
alternatives.
Task 9: Policy and Ordinance Amendments, Findings
Role: Participation. Reimbursement: $1,962
Agency will assist consultant in developing amendments to city policies and regulations
that will be necessary to implement the recommendations identified in the facility plan.
Task 10: Facility Plan Development
Role: Participation. Reimbursement: $3,302
Agency will assist consultant in developing, reviewing, and refining a draft and final
Facility Plan documenting the findings and recommendations of the project.
Task 11: Plan Adoption
Note: This task is different than WOC Task 11. Consultant Task 11 will produce the
findings the Agency will use for the local Plan adoption process.
Role: Product. Reimbursement: $5,880
11.1 Local Agency Applications
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Agency will prepare findings to amend the Comprehensive Plan of the City of
Springfield. Findings will provide details sufficient to demonstrate compliance with state
and local laws. Agency will be responsible for preparing the application, including the
findings in the staff report, and development of ordinance for adoption. Agency will also
prepare and distribute of DLCD Notice of Amendment and Adoption, as well as public
hearing notices.
11.2 Local Agency Hearings Comment Log
Agency will maintain a log of all revisions to the Facility Plan and related
Comprehensive Plan and Ordinance amendments requested through the local public
hearings. The log will be used to track all revisions necessary for successful adoption
and to show how requested changes have been addressed.
11.3 Local Agency Planning Commission Public Hearings
Agency will schedule, attend, and make presentations regarding the adoption of the
Facility Plan and related comprehensive plan and ordinance amendments at public
hearings before the City of Springfield Planning Commission.
11.4 Local Agency City Council Hearings
Agency will schedule, attend, and make presentations regarding the adoption of the
Facility Plan and related comprehensive plan and ordinance amendments at public
hearings before the local agency City Council.
11.5 Central Lane MPO Public Hearing
Agency will schedule, attend, and make a presentation regarding the adoption of the
Facility Plan and related Regional Transportation Plan (RTP) amendments at one (1)
public hearing before the Central Lane MPO Policy Board.
Task 12: Materials and Services
State will reimburse Agency for all of the direct cost of materials and services
associated with Task 2. This includes printed materials, postage, and subcontracted
facilitation services. Travel expenses shall not be reimbursed.
Role: Product. Reimbursement: $47,720
Attachment 1, Page 12 of 13
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EXHIBIT B, continued
Reimbursement Schedule
The following table specifies the maximum amount State will reimburse Agency for each
task. Refer to footnotes for additional explanation.
Task Description Product
(Note 1) Amount
(Note 2)
1. Project Management $10,381
2. Public Involvement X $112,744
3. Plans and Policies Framework and Literature Review $2,572
4. Existing Transportation Conditions $3,300
5. Existing Environmental and Lane Use Conditions $898
6. Future Baseline Travel Forecasts and Conditions Analysis $780
7. Problem Statement, Goals & Obj, Key Principles, and Methodology $5,024
8. Develop and Evaluate Alternatives $5,437
9. Policy and Ordinance Amendments, Findings $1,962
10. Facility Plan Development $3,302
11. Plan Adoption X $5,880
12. Materials X $47,720
Total reimbursement (time + materials) $200,000
Notes
1. Refer to Exhibit B task summaries for task details.
2. Tasks marked with an X are those where the Agency has lead responsibility for developing a
document, research material, or other product. All other task funding is to support Agency’s
participation in contributing to or reviewing and commenting on products developed by the
Consultant.
The maximum amount State will reimburse Agency is specified for each task. The total reimbursement
($200,000) represents approximately 60% of Agency’s estimated actual expenses.
State will reimburse Agency for 100% of the direct cost of materials and services associated with Task 2,
up to the maximum amount indicated. This primarily includes printed materials and postage. Travel
expenses shall not be reimbursed.
Due dates are not specified. However, this Agreement establishes that the parties mutually agree to the
expectation that Agency will cooperate in completing tasks in a timely manner according to the schedule
established by the project team (State, Agency, and Consultant) as described in the WOC.
Attachment 1, Page 13 of 13