HomeMy WebLinkAboutItem 06 Franklin OR225-P21176AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
12/6/2021
Regular Meeting
Amanda Clinton
541-726-7328
Consent Calendar
Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: INTERGOVERNMENTAL AGREEMENT (IGA) WITH LANE COUNTY AND
OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR THE
FRANKLIN OR225: OR126-END OF CITY JURISDICTION IGA, P21176.
ACTION Adopt or reject the following motion: APPROVE THE FRANKLIN OR225,
REQUESTED: OR126 IGA, P21176 INTERGOVERNMENTAL AGREEMENT BETWEEN
LANE COUNTY AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AGREEMENT ON BEHALF OF THE CITY.
ISSUE
In partnership with ODOT and Lane County, the IGA includes developing a design
STATEMENT:
concept and completion of the National Environmental Policy Act (NEPA) analysis
for the OR225 corridor from Franklin Boulevard to the southern end of Springfield.
This project is funded with federal discretionary dollars through the Central Lane
Metropolitan Planning Organization (CLMPO).
ATTACHMENTS:
1. Intergovernmental Agreement, Exhibit A.
DISCUSSION/
Franklin Blvd Highway Corridor (OR 225) is a primary north/south connection
FINANCIAL
between Interstate 5 and Franklin Blvd (OR 126), a primary southern entry to
IMPACT:
Springfield, and key route into the Glenwood redevelopment area, downtown
Springfield, Eugene, and the University of Oregon. The corridor lacks bicycle,
pedestrian, transit, stormwater, and intersection traffic control facilities.
Start P -j—
p _, 1=I _ I�f h •'
i •'
f
r
ti
n e > Fra Poiea rnr oso
n 3
Completing the horizontal layout and NEPA analysis will be the first step in
completing the overall project. The completed project will modernize a currently
unimproved corridor which serves as a major employment and trade route
(including rail and freight) for the region and west coast. This project is necessary
for the redevelopment of the employment lands and improved quality of life for
local residents. It adds the critical and lacking transit, bicycle, pedestrian, and storm
water facilities to support a safe and efficient system.
Horizontal design and NEPA is estimated at $800,000.00. The City of
Springfield's portion is $364,055.
This project is in the 2021-2024 Statewide Transportation Improvement Program
(STIP) (Key#22406) that was adopted by the Oregon Transportation Commission
on July 15', 2020.
Exhibit A
Misc. Contracts and Agreements No. 73000-00003387
Cross Ref. Master Certification Agreement 28148
A157 -G092418
OREGON DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CERTIFICATION PROGRAM
SUPPLEMENTAL PROJECT AGREEMENT No. 34927
CERTIFIED AGENCY PERFORMING ON BEHALF OF A NON -CERTIFIED AGENCY
PROJECT NAME OR225: OR126-end of City jurisdiction (Springfield)
THIS SUPPLEMENTAL PROJECT AGREEMENT (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" or "ODOT," LANE COUNTY, acting by
and through its elected officials, hereinafter referred to as "Certified Agency," and CITY
OF SPRINGFIELD acting by and through its elected officials, hereinafter referred to as
"Non -certified Agency," all herein referred to individually as "Party" or collectively as
"Parties."
RECITALS
1. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and
366.576, State may enter into cooperative agreements with counties, cities and units
of local governments 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. ODOT and Certified Agency entered into Local Agency Certification Program
Agreement No. 28148, executed on October 21, 2015 (Local Agency Certification
Program Agreement). The Certification Program allows ODOT to certify a Local
Agency's procedures and delegates authority to the certified Local Agency to
administer federal -aid projects. The Local Agency Certification Program Agreement
also allows a certified agency to perform work on behalf of a non -certified agency.
The certified agency is a subrecipient of federal funds and will be eligible for
reimbursement as the delivering agency. The non -certified agency is a third party and
is not eligible for federal reimbursement.
3. Certification status information as of the date of execution of this Agreement:
a. Certified Agency is conditionally certified in the following functional areas:
• consultant selection (direct appoint, formal and informal processes)
• design (excluding bridge design)
• "advertise, bid, and award" for construction contracts
• construction contract administration
b. Certified Agency is not currently seeking certification in the following functional
area(s):
Key No. 22406
Attachment 1, Page 1 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
• bridge design
c. Certified Agency has completed or is in the process of completing the number of
test project(s) required by ODOT for the Certified Agency to become fully certified
in the following functional areas:
• consultant selection (direct appoint, formal and informal processes)
• design (excluding bridge design)
• "advertise, bid, and award" for construction contracts
• construction contract administration
The Parties are in the process of assessing the Certified Agency's test project(s)
and required program documents to transition the Certified Agency from
conditional to full certification for the functional areas listed in this subsection, and
anticipate a successful transition. Therefore, the project described in this
Agreement is not one of the test project(s) described in the Local Agency
Certification Program Agreement for the functional areas listed in this subsection.
d. Certified Agency has had its Americans with Disabilities Act (ADA) -related design
exception and curb ramp inspection processes reviewed and approved by ODOT
and FHWA for use on federally funded projects.
4. The purpose of this Agreement is to establish the Parties' terms and obligations to
deliver the OR225: OR126 — end of City jurisdiction (Springfield) Project through the
Local Agency Certification Program as a Certified Agency Supplemental Project. The
"Project" is defined under Terms of Agreement, Section I, paragraph 2 of this
Agreement. This Agreement covers Planning and PE portions of the Project only and
will be amended when the right of way and construction phases are added.
5. OR225 is a part of the Non -certified Agency's city street system under the jurisdiction
and control of Agency.
6. The Project, was selected as part of the Surface Transportation Block Grant (STBG)
program and may include a combination of federal and state and local funds.
7. The Parties recognize that the Local Agency Certification Program Agreement was
entered into between ODOT and Certified Agency only, and that this Agreement
includes Non -Certified Agency as an additional third party. Accordingly, some terms
in this Agreement have been modified to address the rights and obligations of all three
parties. The Parties intend these modified terms to supersede any corresponding
terms in the Local Agency Certification Program Agreement.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
2
Attachment 1, Page 2 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
TERMS OF AGREEMENT
I. Project Overview
1. The Parties agree that Certified Agency shall perform work for Non -certified Agency
in accordance with the Local Agency Certification Program Agreement No. 28148,
which is hereby incorporated by reference, and the terms of this Supplemental Project
Agreement. Non -certified Agency acknowledges that it is not a Party to Agreement
No. 28148 and that Agreement No. 28148 confers no obligations or benefits to Non -
certified Agency.
2. The Parties agree to Certified Agency delivering the OR225: OR126 — end of City
jurisdiction (Springfield) project, hereinafter referred to as "Project." The Project
includes developing a design concept and complete National Environmental Policy
Act (NEPA) analysis for the OR225 corridor from Franklin Boulevard to the southern
end of Agency jurisdiction to provide certainty to development along the corridor and
support the Agency's transportation safety priorities. The location of the Project is
shown on the sketch map attached hereto, marked "Exhibit A," and by this reference
made a part hereof.
3. Parties also anticipate Certified Agency delivering the construction phase of the
Project. Upon full funding and the addition of the construction phase to the Project in
the Statewide Transportation Improvement Program (STIP), this Agreement will be
amended to include construction phase work, and add the construction phase costs.
If the Parties do not amend this Agreement to add construction phase work, the
construction and maintenance provisions in this Agreement will not apply.
4. Non -certified Agency grants ODOT and Certified Agency the authority to enter onto
Non -certified Agency's right of way as needed to complete this Project. Certified
Agency grants ODOT and Non -certified Agency the authority to enter onto Certified
Agency's right of way as needed to complete this Project.
5. The total Project cost is estimated at $800,000.00, which is subject to change. The
federal and state funds for this Project are limited to $435,945.00. Non -certified
Agency shall be responsible for all remaining costs, including any non -participating
costs, all costs in excess of the federal or state funds, and the 10.27 percent match
for all eligible costs. Any unused federal or state funds obligated to this Project will
not be paid out by the applicable funding agency, and will not be available for use by
Certified Agency or Non -certified Agency for this Agreement. "Total Project Cost"
means the cost to complete the entire Project, and includes any federal funds, state
funds, local matching funds, and any other funds. Certified Agency will report the final
Total Project Cost at the end of the Project, to the ODOT Regional Local Agency
Liaison.
6. Parties agree ODOT will perform Project oversight in accordance with the Local
Agency Certification Program Agreement, and ODOT will provide Certified Agency
and Non -certified Agency with a preliminary estimate for the cost of ODOT's work.
3
Attachment 1, Page 3 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
Certified Agency and Non -certified Agency understand that ODOT's costs are
estimates only and Certified Agency agrees to pay ODOT's actual cost incurred per
the Terms of this Agreement.
7. State may conduct periodic inspections during the useful life of the Project to verify
that Project is being properly maintained and continues to serve the purpose for which
federal funds were provided.
8. The Parties agree that the useful life of the Project is 20 years.
II. Funding
1. The Parties acknowledge that the Federal funds are provided under Title 23, United
States Code and agree to meet all applicable federal requirements.
2. ODOT considers Certified Agency a subrecipient of the federal funds it receives as
reimbursement under this Agreement. The Catalog of Federal Domestic Assistance
(CFDA) number and title for this Project is 20.205, Highway Planning and
Construction.
3. By signing this Agreement, Certified Agency agrees to comply with the provisions of
the Federal Funding Accountability and Transparency Act (FFATA) and is subject to
the following award terms:
• http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf, and
• http://edocket. access.gpo.gov/2010/pdf/2010-22706.pdf.
If, in the preceding fiscal year, Certified Agency received more than 80% of its gross
revenues from the federal government, those federal funds exceed $25,000,000
annually, and the public does not have access to information about the
compensation of executives through reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of
1986, Certified Agency shall report the total compensation and names of its top five
executives to ODOT. Certified Agency shall report said information to ODOT within
14 calendar days of execution of this Agreement and annually thereafter, utilizing the
FFATA form attached hereto as Exhibit B.
4. Certified Agency, as a recipient of federal funds, pursuant to this Agreement with
ODOT, shall assume sole liability for Certified Agency's breach of any federal statutes,
rules, program requirements and grant provisions applicable to the federal funds, and
shall, upon Certified Agency's breach of any such conditions that requires ODOT to
return funds to the United States Department of Transportation (USDOT) Federal
Highway Administration (FHWA), hold harmless and indemnify ODOT for an amount
equal to the funds received under this Agreement; or if legal limitations apply to the
indemnification ability of Certified Agency, the indemnification amount shall be the
maximum amount of funds available for expenditure, including any available
0
Attachment 1, Page 4 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
contingency funds or other available non -appropriated funds, up to the amount
received under this Agreement.
5. If Certified Agency fails to meet the requirements of this Agreement or the underlying
federal regulations, ODOT may withhold the Certified Agency's proportional share of
Highway Fund distribution necessary to reimburse ODOT for costs incurred by such
Certified Agency breach.
6. Information required of pass-through entities by 2 CFR 200.332(a)(1) shall be
contained in the USDOT FHWA Federal Aid Project Agreement between ODOT and
FHWA for this Project, a copy of which shall be provided by ODOT to Certified Agency
with the Notice to Proceed.
7. ODOT will submit the requests for federal funding to the FHWA. The federal funding
for this Project is contingent upon approval of each funding request by FHWA. Any
work performed outside the period of performance approved by FHWA or outside the
scope of work will be considered nonparticipating and paid for at Certified Agency
expense.
8. ODOT's Regional Local Agency Liaison or designee will provide Certified Agency with
a written notice to proceed for the Project when FHWA approval has been secured
and funds are available for expenditure on this Project.
9. Certified Agency guarantees the availability of Certified Agency funding in an amount
required to fully fund Certified Agency's participation in the Project.
10. Non -certified Agency guarantees the availability of funding in an amount required to
fully reimburse Certified Agency for the match, any non -participating costs, and any
costs not covered by state and federal funding that Certified Agency expends on
behalf of the Project.
Invoicing and Payments
Certified Agency shall make all payments for work performed on the Project, including
all consultant and contractor costs, and invoice ODOT for one -hundred percent
(100%) of its costs. ODOT shall reimburse approved Certified Agency invoices at the
pro -rated federal share of 89.73 percent. Certified Agency is responsible for 100% of
all costs beyond the federal and state reimbursement including the 10.27 percent
match for all eligible costs, any non -participating costs, and all costs in excess of the
federal or state funds.
2. Indirect Cost Rate:
a. Certified Agency shall invoice ODOT using the current, approved indirect cost rate on
file with ODOT.
b. As required by 2 CFR 200.332(a)(4), the indirect cost rate(s) for this Project at the
time the agreement is written is 156.00% (Engineering & Construction Services). This
5
Attachment 1, Page 5 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
rate may change during the term of this Agreement upon notice to ODOT and ODOT's
subsequent written approval.
c. If the approved rate(s) change(s) during the term of this Agreement, Agency shall
invoice ODOT using the current indirect cost rate(s) for the Project on file with ODOT
at the time the work is performed. If Agency does not have an approved indirect cost
rate(s) on file with ODOT at the time the work is performed, Agency shall invoice
ODOT using a zero percent (0%) rate.
3. Certified Agency shall invoice Non -certified Agency for the federal match share, any
non -participating costs, and all costs expended for the Project not reimbursed by
ODOT. Upon receipt of Certified Agency invoice(s), Non -certified Agency shall
reimburse Certified Agency for the federal match share, any non -participating costs,
and all costs expended for the Project not reimbursed by ODOT. Failure of Non -
certified Agency to make such match payments to Certified Agency may result in
ODOT withholding of Non -certified Agency's proportional allocation of State Highway
Trust Funds until such costs are paid.
4. Non -certified Agency and Certified Agency agree that any disputes arising on this
Project regarding Certified Agency's invoices or Non -certified Agency payment of
invoices identified in the preceding paragraph are to be resolved between the Non -
certified Agency and Certified Agency only, except to the extent otherwise provided in
Section III, Paragraph 3 above.
5. ODOT will invoice FHWA and Certified Agency for ODOT's Project costs, and Certified
Agency agrees to reimburse ODOT for the federal -aid matching state share and any
non -participating costs as determined in accordance with Section III Paragraph 3,
above, upon receipt of invoice. Failure of Certified Agency to make such payments to
ODOT may result in withholding of Certified Agency's proportional allocation of State
Highway Trust Funds until such costs are paid.
IV. Certified Agency Obligations
Certified Agency Work on this Project:
a. While Certified Agency is in the process of transitioning from conditional to full
certification, by the terms of this Agreement and for only this Project, Certified
Agency is authorized and shall perform as if fully certified in the following functional
area(s):
• consultant selection (direct appoint, formal and informal processes)
• design (excluding bridge design)
• "advertise, bid, and award" the construction contract
• construction contract administration
0
Attachment 1, Page 6 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
Certified Agency understands that this Project is subject to the terms and
conditions of the Local Agency Certification Program Agreement and may also be
subject to the terms of a corrective action plan and increased monitoring if ODOT's
evaluation of Certified Agency's test project(s) or program documents identifies the
need for corrective action.
2. Independent Contractor Requirement: Certified Agency shall perform the services
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 Agreement including, but not limited to, retirement
contributions, workers' compensation, unemployment taxes, and state and federal
income tax withholdings.
3. Contractor and Subcontractor Indemnification:
a. To the fullest extent permitted by law, and except to the extent otherwise void
under ORS 30.140, Certified Agency shall require its contractor(s) and
subcontractor(s) that are not units of local government as defined in ORS 190.003,
if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon
Transportation Commission and its members, Department of Transportation and
its officers, employees and agents from and against any and all claims, actions,
liabilities, damages, losses, or expenses, including attorneys' fees, arising from a
tort, as now or hereafter defined in ORS 30.260 (hereafter, referred to individually
and collectively as "Claims"), to the extent such Claims are caused, or alleged to
be caused, by the negligent or willful acts or omissions of Certified Agency's
contractor or any of the officers, agents, employees or subcontractors of the
contractor. It is the specific intention of the Parties that State shall, in all instances,
except to the extent Claims arise solely from the negligent or willful acts or
omissions of State, be indemnified from and against all Claims caused or alleged
to be caused by the contractor or subcontractor.
b. Any such indemnification shall also provide that neither Certified Agency's
contractor and subcontractor nor any attorney engaged by Certified Agency's
contractor and subcontractor shall defend any claim in the name of the State of
Oregon or any agency of the State of Oregon, nor purport to act as legal
representative of the State of Oregon or any of its agencies, without the prior
written consent of the Oregon Attorney General. The State of Oregon may, at any
time at its election assume its own defense and settlement in the event that it
determines that Certified Agency's contractor is prohibited from defending the
State of Oregon, or that Certified Agency's contractor is not adequately defending
the State of Oregon's interests, or that an important governmental principle is at
issue or that it is in the best interests of the State of Oregon to do so. The State of
Oregon reserves all rights to pursue claims it may have against Certified Agency's
contractor if the State of Oregon elects to assume its own defense.
4. Cargo Preference Act: Certified Agency shall ensure compliance with the Cargo
Preference Act and implementing regulations (46 CFR Part 381) for use of United
States -flag ocean vessels transporting materials or equipment acquired specifically
7
Attachment 1, Page 7 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
for the Project. Strict compliance is required, including but not limited to the clauses
in 46 CFR 381.7(a) and (b) which are incorporated by reference. Certified Agency
shall also include this requirement in all contracts and ensure that contractors include
the requirement in their subcontracts.
V. Americans with Disabilities Act Compliance:
1. General: Certified Agency and Non -certified Agency agree to comply with Section
504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
as amended (together, "ADA") as identified in paragraph 1 of the General
Provisions section of the Local Agency Certification Program Agreement.
2. ADA Design Standards, Construction Specifications, and Inspections:
Certified Agency agrees to comply with the design and construction standards and
the design exception documentation and approval requirements agreed to in the
Standards section of the Local Agency Certification Program Agreement. In
addition, with respect to ADA -related design standards, design exception
approvals, construction specifications, and inspections, Certified Agency agrees to
comply with the following:
a. For portions of the Project on or along the Oregon State Highway System (state
highway), Certified Agency shall apply ODOT's current ADA -related design
standards, construction specifications, and design exception documentation
and approval requirements for design, construction, or alteration of Project
sidewalks, curb ramps, and pedestrian -activated signals, as applicable to the
Project, including using the ODOT Highway Design Manual, ODOT Design
Exception process, ODOT Standard Drawings, ODOT Construction
Specifications, and providing a temporary pedestrian accessible route plan and
current ODOT Curb Ramp Inspection form. Certified Agency further agrees to
utilize ODOT standards to assess and ensure Project compliance with the ADA,
and to document ramp inspections per subsection (c.)(i.) below. Design
exceptions on State-owned facilities must be approved by State. For project
locations on or along State-owned portions of the National Highway System
("NHS") design exceptions must be approved by State and/or FHWA.
b. For portions of the Project not on or along a state highway, including locally -
owned portions of the NHS, Certified Agency shall apply its own ADA -compliant
design standards, construction specifications, design exception documentation
and approval process, and inspection documentation process, as approved by
State and FHWA for use on federally funded projects.
3. ADA Inspection Forms: Prior to issuing the Second Notification, per Oregon
Standard Specification 00180.50(g) or Certified Agency's approved equivalent,
Certified Agency agrees to submit to State the following:
n.
Attachment 1, Page 8 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
a. For all curb ramps constructed or altered as part of this Project on or along a
state highway, submit completed ODOT Curb Ramp Inspection Form 734-5020
to the address on the form as well as to State's Regional Local Agency Liaison.
The completed form is the required documentation from Certified Agency that
each curb ramp meets ODOT standards and is ADA compliant. ODOT's fillable
Curb Ramp Inspection Form 734-5020 and instructions are available at the
following website:
https://www.oregon.gov/ODOT/Engineering/Pages/AccessibiIity.aspx
b. For all curb ramps not located on or along a state highway, Certified Agency
shall complete and keep on file Certified Agency's ODOT- and FHWA-
approved ADA curb ramp inspection form (or other approved document) to
show that each Project curb ramp meets Certified Agency's curb ramp
standards and is ADA compliant or conforms to Certified Agency's approved
ADA design exception.
4. State inspection: Certified Agency shall promptly notify State of Project
completion and allow State to inspect Project sidewalks, curb ramps, and
pedestrian -activated signals, as applicable to the Project, located on or along the
a state highway prior to acceptance of Project by Certified Agency and prior to
release of any Certified Agency contractor.
5. Work Zone Access: Certified Agency shall ensure that temporary pedestrian
routes are provided through or around any Project work zone in accordance with
the applicable ODOT or Certified Agency Standards, as set forth in subsections
(a) through (c) above. For any work zone on or along the state highway, any such
temporary pedestrian route shall include directional and informational signs and
include accessibility features equal to or better than the features present in the
existing pedestrian facility. Certified Agency shall also ensure that advance notice
of any temporary pedestrian route on or along the state highway is provided in
acessible format to the public, people with disabilities, and disability organizations
at least 10 days prior to the start of construction in accordance with ODOT
standards and processes.
6. Reimbursement: Unless Certified Agency has an approved design exception,
State will only reimburse Certified Agency for work that meets the applicable
ODOT or Certified Agency standards as set forth in subsections (a) through (c)
above, regardless of whether the work is on a State-owned or a Certified Agency -
owned facility.
7. On-going Maintenance Obligation: Certified Agency and Non -certified Agency
shall each ensure that any portions of the Project under their respective
maintenance jurisdictions are maintained in compliance with the ADA throughout
the useful life of the Project. This includes, but is not limited to, Certified Agency
and Non -certified Agency each ensuring that:
I
Attachment 1, Page 9 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
a. Pedestrian access is maintained as required by the ADA,
b. Any complaints received by Certified Agency and Non -certified Agency
identifying sidewalk, curb ramp, or pedestrian -activated signal safety or access
issues are promptly evaluated and addressed,
c. Certified Agency and Non -certified Agency, or abutting property owner,
pursuant to local code provisions, performs any repair or removal of
obstructions needed to maintain the facility in compliance with the ADA
requirements that were in effect at the time the facility was constructed or
altered,
d. Any future alteration work on Project or Project features during the useful life
of the Project complies with the ADA requirements in effect at the time the
future alteration work is performed, and
e. Applicable permitting and regulatory actions are consistent with ADA
requirements.
8. Survival: Maintenance obligations in this section shall survive termination of this
Agreement.
VI. Work On or Along State Highway
1. ODOT Permits and Right of Access: Certified Agency shall contact the ODOT
District 5 Office prior to commencement of work to determine if any permits are needed
to occupy State right-of-way. Certified Agency agrees to comply with all provisions of
any ODOT-issued permits to "Occupy or Perform Operations Upon a State Highway"
and to also obtain Highway Approach Permits from the ODOT District 5 Office for all
public roads and private properties adjacent to the highway, if they are needed,
according to Oregon Administrative Rule (OAR) 734, Division 51. Certified Agency
agrees to comply with all provisions of ODOT-issued permits, and shall require its
developers, contractors, subcontractors, or consultants performing such work to
comply with such provisions.
VII. Other Maintenance Requirements
VIII. Term and Termination
1. The term of this Agreement shall begin on the date all required signatures are obtained
and shall terminate upon completion of the Project and final payment or ten (10)
calendar years following the date all required signatures are obtained, whichever is
sooner.
2. This Agreement may be terminated by mutual written consent of all Parties.
10
Attachment 1, Page 10 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
3. ODOT may terminate this Agreement effective upon delivery of written notice to
Certified Agency and Non -certified Agency, or at such later date as may be
established by ODOT, under any of the following conditions:
a. If Certified Agency or Non -certified Agency fails to provide services called
for by this Agreement within the time specified herein or any extension
thereof.
b. If Certified Agency or Non -certified 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 ODOT fails to correct such failures
within ten (10) days or such longer period as ODOT may authorize.
c. If Certified Agency or Non -certified Agency fails to provide payment of its
share of the cost of the Project.
d. If ODOT fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow ODOT, 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 if ODOT is prohibited from paying for such work from the
planned funding source.
4. Any termination of this Agreement shall not extinguish or prejudice any rights or
obligations accrued to the Parties prior to termination.
5. The rights and obligations set out in Sections 1.4, 1.7, 11.4, 11.5, 111.4, IV.2, IV.3, V.1.g,
VA.h, VII in its entirety, VIIIA, V111.5, and 1X.1 of this Agreement shall survive
Agreement expiration or termination, as well as any provisions of this Agreement that
by their context are intended to survive.
IX. Other Terms and Conditions
1. Contribution:
a. 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 a Party (the "Notified Party") with respect to which any
other Party may have liability, the Notified Party must promptly notify the
other Parties in writing of the Third Party Claim and deliver to the other
Parties 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
11
Attachment 1, Page 11 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
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.
b. With respect to a Third Party Claim for which State is jointly liable with
any other Party (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 any other Party in such proportion as is
appropriate to reflect the relative fault of State on the one hand and of the
Party or Parties 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 any other Party or Parties 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.
c. With respect to a Third Party Claim for which any other Party or Parties is
jointly liable with State (or would be if joined in the Third Party
Claim), each other Party 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 each
other Party or Parties 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 the Party or Parties 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. Certified Agency and Non -certified Agency's contribution
amount(s) 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.
2. The Parties hereto agree that if any term or provision of this Agreement 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
Agreement did not contain the particular term or provision held to be invalid.
12
Attachment 1, Page 12 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
3. State certifies and represents that each individual signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of State, under the
direction or approval of its governing body, commission, board, officers, members or
representatives, and to legally bind State.
4. Certified Agency certifies and represents that each individual signing this Agreement
has been authorized to enter into and execute this Agreement on behalf of Certified
Agency, under the direction or approval of its governing body, commission, board,
officers, members or representatives, and to legally bind Certified Agency.
5. Non -certified Agency certifies and represents that each individual signing this
Agreement has been authorized to enter into and execute this Agreement on behalf
of Non -certified Agency, under the direction or approval of its governing body,
commission, board, officers, members or representatives, and to legally bind Non -
certified Agency.
6. 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.
7. This Agreement and the Local Agency Certification Program Agreement No. 28148,
as amended and all attached exhibits constitutes the entire agreement between the
Parties on the subject matter hereof. In the event of conflict, the body of this Agreement
and the attached Exhibits will control over Project application and documents provided
by Certified Agency or Non -certified Agency to ODOT. 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 a Party unless in writing and signed by all 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 a Party to enforce any provision of this Agreement shall not constitute a
waiver by that Party of that or any other provision. Notwithstanding this provision, the
Parties may enter into a Right Of Way Services Agreement in furtherance of the
Project.
X. Contacts
1. Bill Ness, ODOT Region 2 Local Agency Liaison, 455 Airport Road SE, Building B,
Salem, Oregon 97301; telephone: (503) 986-2764; email:
William. ness(cD-odot.state.or.us, or assigned designee upon individual's absence, is
ODOT's contact for this Agreement. ODOT shall notify the other Party in writing of
any contact information changes during the term of this Agreement.
2. Peggy Keppler, P.E., Lane County Engineer, 3040 N. Delta Highway, Eugene, Oregon
97408; telephone: (541) 682-6690; email: peggy.keppler@odot.state. or. us, or
assigned designee upon individual's absence, is Certified Agency's contact for this
13
Attachment 1, Page 13 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
Agreement. Certified Agency shall notify the other Party in writing of any contact
information changes during the term of this Agreement.
3. Kristi Krueger, P.E., Capital Engineering Program Manager, City of Springfield, 225
5t" Street, Springfield, Oregon 97477; telephone: (541) 726-4584; email:
kkrueger@springfield-or.gov, or assigned designee upon individual's absence, Non -
certified Agency's contact for this Agreement. Certified Agency shall notify the other
Party in writing of any contact information changes during the term of this Agreement.
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.
This Project is in the 2021-2024 Statewide Transportation Improvement Program (STIP),
(Key #22406) that was adopted by the Oregon Transportation Commission on July 15,
2020 (or subsequently approved by amendment to the STIP).
14
Attachment 1, Page 14 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
CERTIFIED AGENCY, LANE COUNTY,
acting by and through its elected officials
By
Title
Date
LEGAL REVIEW APPROVAL (If required
in Certified Agency's process)
By
Certified Agency Legal Counsel
Date
NON -CERTIFIED AGENCY, CITY OF
SPRINGFIELD, acting by and through its
elected officials
By
Title
Date
LEGAL REVIEW APPROVAL (If required
in Non -certified Agency's process)
By
Non -certified Agency Legal Counsel
Date 10/19/2021
Certified Agency Contact:
Peggy Keppler, P.E.
Lane County Engineer
3040 N. Delta Highway
Eugene, Oregon 97408
peggy.a.kepper@co.lane.or.us
15
STATE OF OREGON, acting by and
through its Department of Transportation
By
Delivery & Operations Division
Administrator
Date
APPROVAL RECOMMENDED
By
Certification Program Manager
Date
By
State Traffic Roadway Engineer
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By Herb Lovejoy, via email
Assistant Attorney General
Date 08/12/21, email retained in file
ODOT Contact:
Bill Ness, Local Agency Liaison
ODOT Region 2, Area 3
455 Airport Road SE, Building B
Salem, Oregon 97301
William.Ness@odot.state.or.us
Non -certified Agency Contact:
Kristi Krueger, P.E.
Capitol Engineering Program Manager
City of Springfield
225 5t" Street
Springfield, Oregon 97477
kkrueger@springfield-or.gov
Attachment 1, Page 15 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
Exhibit A — Project Location Map
O"1089IIIIIIIIIIIIINW,0
12 B L
> Glenwood TT
Start Project
0 P
E u g e n e
End Project MP 0.90:1
0
z >
U
N Ji
Oregon Depai
16
Attachment 1, Page 16 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-00003387
Exhibit B
Federal Funding Accountability and Transparency Act (FFATA)
Subaward Reporting
(For purposes of this Exhibit, references to "your organization" shall mean "Certified Agency" and references to "ODOT"
shall mean "State.")
The Oregon Department of Transportation (ODOT) is required to fulfill a federal requirement for contracting under the
Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS). FFATA reporting is
a requirement for subawards (also known as subrecipients) of federal awards in excess of $25,000,000. Your organization
will enter into an agreement with ODOT where the funding source is a federal grant with a subrecipient relationship. Your
organization is required to submit the information below to the Oregon Department of Transportation within fourteen
calendar days of execution of the Agreement and annually thereafter, if applicable. (See the following page for further
details.)
Legal entity name:
Data Universal Number System (DUNS) number:
Executive compensation
Executive compensation information is also required to determine whether or not the following information must be
reported in FSRS:
a. In your organization's previous fiscal year, did your organization receive 80% or more of its annual gross revenue and
$25,000,000 or more in federal procurement contracts, subcontracts, loans, grants, subgrants, cooperative
agreements and federal financial assistance awards subject to the Transparency Act? (Include parent organization, all
branches, and all affiliates worldwide.)
❑ Yes ❑ No If "yes," proceed to b. If "no," no further action is required and submittal of this form is not
required.
b. Does the public have access to information about the compensation of the senior executives in your organization
(including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section
13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986?
❑ Yes ❑ No If "yes," provide a link to the SEC: http://www.sec.gov where this information is located and return
form to the ODOT contact shown at the bottom of this form.
Provide link here:
If "no," provide compensation information below.
Names and annual compensation amounts of the five most highly compensated executives:
2. $
3. $
4. $
5. $
Business entity contact information (person completing form):
Type name Title Date
Return completed form to: Alice Bibler, Program and Funding Services Manager; Oregon Department of
Transportation; 555 13th Street NE; Salem, OR 97301; Alice. Bibler(ab_odot.state.or.us
734-5075 (10-28-2016) 17
Attachment 1, Page 17 of 18
ODOT/Lane County/City of Springfield
Agreement No. 73000-0003387
Background on FFATA requirements
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent
of the Act is to empower every American with the ability to hold the government accountable for each spending
decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires
information on federal awards (federal financial assistance and expenditures) be made available to the public via a
single, searchable website, which is www.USASpending.gov.
Definition of compensation
Your organization is considered a subrecipient of federal funds. Unless your organization is exempt, FFATA
requires you to report total compensation for each of your five most highly compensated executives for the
preceding completed year. Total compensation means the cash and non-cash dollar value earned by the executive
during the subrecipient's preceding fiscal year and includes the following: salary and bonus; awards of stock, stock
options, and stock appropriation rights; earnings for services under non -equity incentive plans; change in pension
value; above -market earnings on deferred compensation which is not tax -qualified; and other compensation as
defined in 2 CFR Part 170, Section 170.330(b)(5)(vi).
More detailed information about the FFATA can be found at: http://edocket.access.gpo.gov/2010/pdf/2010-
22705.pdf
If you have any questions, contact:
Alice Bibler
Program and Funding Services Manager
Oregon Department of Transportation
555 13th Street NE
Salem, OR 97301
Alice.Bibler@odot.state.or.us
Telephone: 503-986-3308
734-5075 (10-28-2016) 18
Attachment 1, Page 18 of 18