Certified Local Agency Program

The Oregon Department of Transportation (ODOT) Local Agency Certification Program is a federally authorized program that allows the State to certify Local Public Agencies (LPAs) in federal-aid highway project delivery processes.
 

Federal-aid funding is used by LPAs over the six phases of a project. Each of these project phases are defined below and addressed in more detail in the Linn County Road Department Quality Control Plan for Federal Aid Project Delivery.

• Program Development is the planning phase for the proposed project. During this phase, projects may be accepted into the Statewide Transportation Improvement Program (STIP) and the Regional Transportation Plan (RTP).
• Project Development (Consultant selection, preliminary engineering and final design, National Environmental Policy Act (NEPA), permitting, and other key elements) is when projects are cleared for environmental impacts; necessary permits and agreements are obtained; and designs, specifications, schedules, and estimates are completed.
• Right of Way Acquisition is an overlapping phase with Project Development. After NEPA requirements are satisfied, right of way acquisition may start. LPAs must consult with their ODOT regional liaison to determine when the NEPA requirements have been satisfied.
• Utility Relocation is an overlapping phase with Project Development, continuing throughout the life of the project. LPAs will coordinate with local utilities in this phase.
• Advertisement, Bid, and Award is the phase in which project plans, specifications, and estimates are approved, the Federal Highway Administration (FHWA) authorizes funding, and the project may be advertised for construction.
• Construction is the final phase where the project is actually built. Project closeout occurs at the end of the construction phase.

The purpose of the Certification Program is to enable LPAs to deliver federally funded local projects. Certification provides several benefits to LPAs, as well as to ODOT and FHWA. Local Public Agencies benefit from:

• Saving time and money by enabling Certified LPAs to manage and deliver their projects directly.
• Mitigating the risk of losing federal funds or failing to meet project objectives within identified scope, schedule, and budget by establishing consistent practices and processes for LPA projects that follow federal requirements.
• Reducing day-to-day management by ODOT of Certified LPA projects through its focus on high-level, risk-based oversight.

ODOT requires LPAs in the Certification Program to demonstrate competency in the functional areas necessary to deliver all phases of the projects that the LPA plans to deliver. The County is certified in the following functional areas:

1. Consultant Selection and Contract Administration LPAs must demonstrate competency in the methods of procurement and contract administration for Architecture & Engineering (A&E) and related services or other (non-A&E) services as needed to deliver the LPA’s certified projects. 
2. Design LPAs must demonstrate competency in Roadway Design, including design standards, Plans, Specifications, and Estimates (PS&E). 
3. Bridge Design LPAs must demonstrate competency in Bridge Design, including design standards, Plans, Specifications, and Estimates (PS&E).
4. Advertisement, Bid, and Award LPAs must demonstrate competency in the processes and procedures utilized to advertise, bid, and award construction contracts for federal-aid projects.
5. Construction Contract Administration LPAs must demonstrate competency in post-award processes and procedures necessary to manage a construction contract, including federal requirements for quality assurance and quality control.

While ODOT certifies LPAs to deliver full projects, ODOT is not currently authorized to delegate the project responsibilities listed below. Certified LPAs must comply with ODOT’s programs and processes within the following specified project areas:

• Civil Rights: ODOT is responsible for developing the Civil Rights programs including Disadvantaged Business Enterprises (DBE), Equal Employment Opportunity (EEO), and On the Job Training (OJT)/Apprenticeship. The Certified LPA is responsible for enforcement of those programs during project delivery. Certified LPAs are also responsible for Title VI (Civil Rights Act of 1964) Program or Non-Discrimination Agreement, ADA Title II Transition Plans and Labor Compliance. Civil Rights programs apply to all federal project delivery phases.
• Environmental Processes: ODOT retains authorization over the National Environmental Policy Act (NEPA) process in coordination with state and federal resource agencies and FHWA. NEPA applies to the federal project development and construction phases.
• Final Certification of Right of Way Transactions: ODOT retains authorization over Right of Way activities, such as co-signing the Right of Way Certificate. This signed certificate ensures that Right of Way work complies with the federal Uniform Relocation Assistance and Real Property Acquisition Act.
• Final Certification for Utilities: ODOT retains authorization over Utility activities, such as co-signing the Utility Certificate. This signed certificate ensures that all utility notifications and relocation work complies with ODOT’s Oregon Utility Relocation Manual.
• Public Interest Finding Determinations: Patented, proprietary, owner designed, or solesource products must follow ODOT’s approval process.
• Project Final Acceptance: ODOT retains Final Acceptance authority for each certified project.