Res 1696 - TSP Grant 19786
COUNCIL BILL NO. 2413
RESOLUTION NO. 1696
A RESOLUTION ENTERING INTO TRANSPORTATION GROWTH MANAGEMENT
GRANT AGREEMENT NUMBER 19786 WITH THE STATE OF OREGON AND
AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT.
WHEREAS, the State of Oregon acting through its Department of Transportation (ODOT)
is authorized to enter into agreements with cities for the performance of functions or activities that
the parties to the agreement have the duty or authority to perform pursuant to ORS 190.110 and
283.110, and
WHEREAS, the Transportation Growth Management (TGM) Program includes grants for
local governments for planning projects and is funded with federal Transportation Equity Act for
the 21 sl Century funds along with matching state gas tax funds, and
WHEREAS, the City of Woodburn applied for TGM Program funding to update the city's
Transportation System Plan, and
WHEREAS, the State of Oregon, Department of Transportation, has approved $130,000 in
planning expenses for the City of Woodburn to be used for an update of the city's Transportation
System Plan, and
WHEREAS, the State of Oregon, Department of Transportation, has provided TGM
Program Grant Agreement Number 19786 to update the city's Transportation System Plan, NOW
THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into TGM Program Grant Agreement Number
19786, which is affixed as Attachment "A" and by this reference incorporated herein, with the State
of Oregon acting by and through its Department of Transportation to update the city's
Transportation System Plan.
Section 2. That the City Administrator of the City of Woodburn is authorized to sign said
agreement on behalf of the City.
Approved as to fO::;Y7. rr ~ z - Z I - 2. 0 " 2-
N. Robert Shields, City Attorney Date
Approved: re~. 11... ..1n_ .. ___
~e~ayor ~
Page 1 - COUNCIL BILL NO. 2413
RESOLUTION NO. 1696
Passed by the Council August 26, 2002
Submitted to the Mayor August 26, 2002
Approved by the Mayor August 26, 2002
Filed in the Office of the Recorder August 26, 2002
ATTEST: ~ ~
Mary e ' t, City Recorder
City of W oodbum, Oregon
Page 2 - COUNCIL BILL NO. 2413
RESOLUTION NO. 1696
ATTACHMENT~
Page -L.. of .. "5fo
TGM Grant Agreement No. 19786
TGM File Code 2Q-O 1
EA # TGM5GT12
INTERGOVERNMENT AL AGREEMENT
City of W oodbum, 2020 Transportation System Plan
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 "ODOT" or "Agency", and City of Woodburn, hereinafter referred to as "City".
RECIT ALS
1. The Transportation and Growth Management Program, hereinafter referred to as the
"TGM Program", is a joint program ofODOT and the Oregon Department of Land
Conservation and Development.
2. The TGM Program includes a program of grants for local governments for planning
projects. The objectives of these projects are to better integrate transportation and
land use planning and develop new ways to manage growth in order to achieve
compact, pedestrian, bicycle, and transit friendly urban development.
3. This TGM grant is financed with federal Transportation Equity Act for the 21st
Century (TEA-21) funds. State Gas Tax funds are used as match for TEA-21 funds.
4. By authority granted in ORS 190.110 and 283.110, state agencies may enter into
agreements with units of local government or other state agencies to perform any
functions and activities that the parties to the agreement, or their officers or agents
have the duty or authority to perform.
5. The City has been awarded a TGM grant which is conditional upon the execution of
this agreement.
6. The parties desire to enter into this agreement for their mutual benefit.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed.by and between the parties hereto as follows:
TERM OF AGREEMENT; DEFINITIONS
1. The beginning date of this agreement is that date on which all parties have signed.
The termination date of this agreement is June 30, 2003.
2. The project is described in Exhibit A attached hereto and by this reference made a
part hereof.
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ATTACHMENT_.A . .
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TGM Grant Agreement No. 19786
TGM File Code 2Q-OI
EA # TGM5GTl2
3. The total project cost is the sum of qualified costs incurred by the City and the
personal services contractor(s) for this project.
4. The grant amount is the sum of the City's amount (defined below) and the personal
services contract amount (defined below) payable by ODOT. The grant amount shall
not exceed $130,000.
5. The City's amount is the maximum amount payable by ODOT to City for the project
and shall not exceed $0.
6. The personal services contract amount is the amount payable by OnOT to a
personal services contractor(s) and is equal to the total amount payable for all
deliverables described in Exhibit A for which the personal services contractor(s)is
identifi~d as responsible. The personal services contract amount is $130,000.
7. City's matching amount is the maximum amount of matching funds which the City is
required to expend to fund the project and is 10.27% of the total project cost, or up to
$14,879.
8. Qualified costs are direct project costs, including matching amounts, incurred by the
City and personal services contractor(s) during the term oftrus agreement.
9. Direct project costs are costs which are directly associated with the project. These
may include the salaries and benefits of personnel assigned to the project and the cost
of supplies, postage, travel, and printing. General administrative costs, capital costs,
and overhead are not direct project costs. Any jurisdiction or Metropolitan Planning
Organization that has federally approved indirect cost plans may treat such indirect
costs as direct project costs.
CITY REPRESENTATIONS, WARRANTIES, AND COVENANTS
1. City shall perform the work and provide the deliverables described in Exhibit A, for
which City is identified in Exhibit A as being responsible.
2. City shall be responsible for any nonqualifying costs associated with the work
described in Exhibit A and any costs above the City amount. City agrees to complete
project.
3. City shall perform the work identified in Exhibit A as City's responsibility under this
agreement as an independent contractor. City shall be exclusively responsible for all
costs and expenses related to its employment of individuals to perform any work
identified in Exhibit A as City's responsibility and for providing for employment-
related benefits and deductions that are required by law, including, but not limited to,
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ATTACHMENT. A .. .
Page ~ of.:::3C'
TGM Grant Agreement No. 19786
TGM File Code 2Q-O 1
EA # TGM5GT12
federal and state income tax withholdings, unemployment taxes, workers'
compensation coverage, and contributions to any retirement system.
City shall be responsible, to the extent permitted by the Oregon Tort Claims Act, ORS
30.260-30.309, only for the acts, omissions or negligence of its own officers,
employees or agents.
4. City shall present cost reports, reimbursement requests, progress reports, and
deliverables to OOOT's Contract Administrator no less than every other month. City
shall not submit requests for payment that exceed the City's amount. Generally
accepted accounting principles and definitions of ORS 294.311 shall be applied to
clearly document verifiable costs that are incurred.
5. City agrees to cooperate with OOOT's Contract Administrator. At the request of
OOOT's Contract Administrator, City agrees to:
a. Meet with the OOOT's Contract Administrator; and
b. Form a project steering committee (which shall include ODOT's Contract
Administrator) to oversee the project.
6. City shall maintain all fiscal records relating to this agreement in accordance with
generally accepted accounting principles. In addition, City shall maintain any other
records pertinent to this agreement in such a manner as to clearly document City's
performance. City acknowledges and agrees that ODOT and the Oregon Secretary of
State's Office and the federal government and their duly authorized representatives
shall have access to such fiscal records and other books, documents, papers, plans,
and writings of City that are pertinent to this agreement to perform examinations and
audits and make copies, excerpts and transcripts.
7. City shall retain and keep accessible all such fiscal records, books, documents, papers,
plans, and writings for a minimum of three (3) years, or such longer period as may be
required by applicable law, following final payment and termination of this
agreement, or until the conclusion of any audit, controversy or litigation arising out of
or related to this agreement, whichever date is later.
8. City shall not enter into any subcontracts to accomplish work described in Exhibit A,
unless written approval is first obtained from OOOT.
9. IfODOT engages a personal services contractor(s) to accomplish work described in
Exhibit A, City shall:
a. Provide OnOT's Contract Administrator with the opportunity to participate in the
personal services contractor selection;
b. Select personal services contractor(s) in accord with ODOT procedures, and
advise ODOT of City's recommendation;
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ATTACljMENT A
Page of .3h
TGM Grant Agreement No. .19786
TOM File Code 2Q-O I
EA # TOM5GT12
c. Provide ODOT's Contract Administrator with the opportunity to review and
approve personal services contractor's work, billings and progress reports; and
d. Provide a project manager to:
i. be City's principal contact person for ODOT's Contract Administrator and the
personal services contractor for the project;
11. monitor and coordinate the work of the personal services contractor;
lII. review and approve bills and deliverables (work products) produced and
submitted by the personal services contractor; and
IV. advise ODOT's Contract Administrator regarding payments to the personal
services contractor.
10. City acknowledges and agrees that City shall not be reimbursed for, and shall not
request reimbursement for, project costs or expenses related to this agreement which
are incurred prior to the execution of this agreement.
11. All project work products of City that result from this agreement are the exclusive
property ofODOT. ODOT and City intend that such work products be deemed
"work made for hire" of which ODOT shall be deemed the author. If, for any reason,
the work products are not deemed "work made for hire", City hereby irrevocably
assigns to ODOT all of its rights, title, and interest in and to any and all of the work
products, whether arising from copyright, patent, trademark, trade secret, or any
other state or federal intellectual property law or doctrine. City shall execute such
further documents and instruments as ODOT may reasonably request in order to fully
vest such rights in ODOT.
City forever waives any and all rights relating to the work products, including
without limitation, any and all rights arising under 17 USC g I06A or any other rights
of identification of authorship or rights of approval, restriction or limitation on use or
subsequent modifications.
ODOT hereby grants to City a royalty free, non-exclusive license to reproduce any
work products for distribution upon request to members of the public.
12. City shall ensure that any work products produced pursuant to this agreement include
the following statement:
This project is partially funded by a grant from the Transportation and Orowth
Management (TOM) Program, ajoint program of the Oregon Department of
Transportation and the Oregon Department of Land Conservation and
Development. This TOM grant is financed, in part, by federal Transportation
Equity Act for the 21st Century (TEA-21), local government, and the State of
Oregon funds.
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ATTAC'1rENT A
Page of ,.'3~
TGM Grant Agreement No. 19786
TGM File Code 2Q-O 1
EA # TGM5GTl2
The contents of this document do not necessarily reflect views or policies of the
State of Oregon.
13. City shall submit two hard copies of all final products produced in accordance with
this agreement to ODOT's Contract Administrator, unless otherwise specified in
Exhibit A. City shall also submit to ODOT's Contract Administrator all final
products produced in electronic form using generally available word processing or
graphics programs for personal computers via e-mail or on IBM-compatible 3.5"
computer diskettes. The Oregon Department of Land Conservation and
Development may display appropriate products on it "home page".
14. City shall submit to ODOT's Contract Administrator all payment claims within
45 days after the termination date of this agreement.
15. Within 45 days after the termination date of this agreement, City shall provide, in a
format provided by ODOT, a completion report. The report shall contain:
a. A summary of qualified costs incurred for the project, including reimbursable
costs and matching amount;
b. The intended location of records (which may be subject to audit);
c. A list of fin,al deliverables; and,
d. Prepare payment requests to ODOT's Contract Administrator for reimbursement.
16. Within 45 days after the termination date of this agreement, City shall pay to ODOT
the matching amount less previously reported qualifying matching amount. ODOT
shall use any funds paid to it under this paragraph to substitute for an equal amount
of federal TEA-21 funds used for the project or use as matching funds.
17. City 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 ofORS 279.312, 279.314, 279.316,279.320, and 279.555,
as amended from time-to-time, which are incorporated by reference herein.
18. Without limiting the generality of the foregoing, City expressly agrees to comply
with:
a. Title VI of Civil Rights Act of 1964;
b. Section V of the Rehabilitation Act of 1973;
c. The Americans With Disabilities Act of 1990 and ORS 659.425;
d. All regulations and administrative rules established pursuant to the foregoing
laws; and,
e. All other applicable requirements of federal and state civil rights and rehabilitation
statutes, rules and regulations.
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~~E~T if -~
TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GTl2
19. Grantee, its subcontractors, if any, and all employers working under this agreement"
are subject employers under the Oregon Workers Compensation Law and shall
comply with ORS 656.017, which requires them to provide Workers' Compensation
coverage for all their subject workers, unless such employers are exempt under ORS
656.126. Grantee shall ensure that each of its subcontractors complies with these
requirements.
20. City represents and warrants to ODOT that:
a. it is duly formed and operating under applicable State of Oregon law;
b. City has full legal right and authority to execute and deliver this agreement and to
observe and perform its duties, covenants, obligations and agreements hereunder
and to undertake and complete the project;
c. the agreement has been authorized pursuant to its official action that has been
adopted and authorized in accordance with applicable state law;
d. the agreement is duly authorized and executed and delivered by an authorized
officer(s) of City and constitutes its legal, valid and binding obligations
enforceable in accordance with its terms;
e. the authorization, execution and delivery of the agreement by it, the observation
and performance of its duties, covenants, obiigations and agreements hereunder,
and the undertaking and completion of the project do not and will not contravene
any existing law, rule or regulation or any existing order, injunction, judgement,
or decree of any court or governmental or administrative agency, authority or
person having jurisdiction over it or its property or assets; and,
. f. the statement of work attached to this agreement as Exhibit A has been approved
by OnOT's Contract Administrator.
ODOT COVENANTS
1. OnOT shall reimburse City for qualified costs for work described in Exhibit A, up to
the City's amount.
2. ODOT shall make interim payments within 45 days of satisfactory completion (as
determined by City's project manager and ODOT's Contract Administrator) of
deliverables identified as being the City's responsibility in the approved statement of
work, described in Exhibit A. Subject to the 10% withholding described in paragraph
3, below, the amount of the interim payment for a deliverable will be the qualified
costs in the payment request. The balance due to City under this paragraph shall be
payable within 45 days ofODOT's Contract Administrator's approval of the
completion report described in paragraph 15 of City Representations, Warranties, and
Covenants.
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ATTACHMENT A
Page -2- of .3(.0
TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GT12
3. Further, ODOT reserves the right to withhold payment equal to 10% of the total
project amount until all work required hereunder (and under any personal services
contract(s) related to the project) is completed and accepted by the ODOT's Contract
Administrator.
4. ODOT shall limit reimbursement of travel expenses in accordance with current State
of Oregon Accounting Manual, General Travel Rules, effective on the date the
expenses are incurred.
5. ODOT certifies that, at the time this agreement is executed, sufficient funds are
authorized and available for expenditure to finance ODOT's portion of this agreement
within the appropriation or limitation of its current biennial budget.
6. ODOT will provide City the statements of proposal for the City's project that meet the
minimum requirements of the Request for Proposals, advertised by the Transportation
Growth Management Program for this project.
7. ODOT will assign a Contract Administrator for this agreement who will be onOT's
principal contact person regarding administration of this agreement.
8. IfODOT engages a personal services contractor(s) to perform the work described in
Exhibit A, it agrees to pay personal service contractor(s) the personal services
contract amount, subject to the terms and conditions of the applicable personal
services contract(s).
9. IfOnOT engages a personal service contractor(s) to complete work described in
Exhibit A, OnOT's Contract Administrator shall:
a. At his/her discretion, participate in selection of a personal services contractor(s),
monitor personal services contractor's work, review and approve personal services
contractor billings and progress reports; and
b. Prepare and obtain execution of a personal services contract(s).
GENERAL PROVISIONS
1. Budget modifications and major adjustments from the work described in Exhibit A
must be processed as an amendment to this agreement and personal services
contract(s).
2. This agreement may be terminated by mutual written consent of all parties. OnOT
may terminate this agreement effective upon delivery of written notice to City, or at
such later date as may be established by OnOT under, but not limited to, any of the
following conditions:
a. Failing to complete work specified in Exhibit A within the time specified in this
agreement, including any extensions thereof, or failing to perform any of the
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ATTACHMENT A
page..1L of ...3{c,
TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GT12
provisions of this agreement and, City does not correct any such failure within
10 days of receipt of written notice or the date specified by ODOT in such written
notice.
b. 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 ODOT is
prohibited from paying for such work from the planned funding source.
c. If ODOT fails to receive funding, appropriations, limitations or other expenditure
authority at levels sufficient to pay for the work provided for in this agreement.
Any termination of this agreement shall not prejudice any right or obligations accrued
to the parties prior to termination.
3. As federal funds are involved in this grant, Exhibits Band C are attached hereto and
by this reference made a part of this agreement and are hereby certified to by City's
representatives.
4. Except as otherwise expressly provided in this agreement, any communications
between the parties hereto or notices to be given hereunder shall be given in writing
by personal delivery, facsimile, or mailing the same, postage prepaid, to ODOT or
City at the address or number set forth on the signature page of this agreement, or to
such other addresses or numbers as either party may hereafter indicate pursuant to this
section. Any communication or notice so addressed and mailed is in effect five (5)
days after the date postmarked. Any communication or notice delivered by facsimile
shall be deemed to be given when receipt of the transmission is generated by the
transmitting machine. To be effective against ODOT, such facsimile transmission
must be confirmed by telephone notice to ODOT's Contract Administrator. Any
communication or notice by personal delivery shall be deemed to be given when
actually delivered.
5. This agreement shall be governed by and construed in accordance with the laws of the
State of Oregon without regard to principles of conflicts of law. Any claim, action,
suit or proceeding (collectively, "Claim") between ODOT (and/or any other agency or
department of the State of Oregon) and City that arise from or relates to this
agreement shall be brought and conducted solely and exclusively within the Circuit
Court of Marion County for the State of Oregon; provided, however, if a Claim must
be brought in a federal forum, then it shall be 'brought and conducted solely and
exclusively within the United States District Court for the District of Oregon.
6. This agreement and attached exhibits constitute the entire agreement between the
parties on the subject matter hereof. There are no unders~andings, 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 all parties and all necessary approvals have been
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ATTACHMENT A
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TGM Grant Agreement No. 19786
TGM File Code 2Q-0 1
EA # TGM5GT12
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 ODOT
to enforce any provision of this agreement shall not constitute a waiver by ODOT of
that or any other provision.
The Oregon Transportation Commission on January 16,2002, approved Delegation
Order No.2, which authorizes the Director to approve and execute agreements for day-
to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
Pursuant to letter of authority dated July 9,2001, the Director hereby delegates signature
authority to the Deputy for Transportation Development the authority to sign
intergovernmental agreements and personal services contracts over $75,000.
ATTORNEY GENERAL'S OFFICE
ODOT
Approved as to legal sufficiency by the
Attorney General's office.
STATE OF OREGON, by and through
its Department of Transportation
By:
Craig Greenleaf, Deputy Director
Transportation Development Division
~ =::>
By: C --:>3
(Official's Signature)
Date: (51<"1 cV
Date:
Contacts:
(Official's Signature)
Jim Mulder
City of W oodbum
270 Montgomery St.
Woodburn, OR 97071
Phone: 503-982-5222
Fax: 503-982-5244
E-Mail:
City
City of Woodburn
By:
(Printed Name and Title of Official)
Lisa Nell, Contract Administrator
Transportation and Growth Management Program
644 A St.
Springfield, OR 97477
Phone: 541-726-2527
Fax: 541-744-8088
E-Mail: lisa.d.nell@odot.state.or.us
Date:
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ATTACHMENT~
Page -112.- of ~
TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GT12
EXHIBIT A
CITY OF WOODBURN
2020 TRANSPORTATION SYSTEM PLAN UPDATE
STATEMENT OF WORK
Acronyms and Abbreviations
The following transportation-related acronyms and abbreviations are used throughout this
statement of work.
AAGR Average Annual Growth Rate
.
City City of Woodburn
Contractor CH2MHILL and team of subconsultants
County Marion County
DLCD Department of Land Conservation and Development
EA Environmental Assessment
IGA Intergovernmental Agreement
ODOT/Agency Oregon Department of Transportation
OAR Oregon Administrative Rule
OHP 1999 Oregon Hig~way Plan
OTP Oregon Transportation Plan
SDC System Development Charge
. T P\Z. TranspQrtation Analysis Zone
TOM Transportation Demand Management
TGM Transportation and Growth Management
TPAU Transportation Planning and Analysis Unit
TSM Transportation System Management
TPR Transportation Planning Rule
TSP Transportation System Plan
UGB Urban Growth Boundary
UGMA Urban Growth Management Agreement
VlC Volume to Capacity
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ATTACHMENT .A
Page...J.L of 3JO
TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GTl2
Background
The City of Wood bum (City) received a TGM grant in the 1993-1995 bieIUlium to complete a
Transportation System Plan (TSP). Since the adoption of the TSP in 1996, an alternatives
analysis of Highway 214 and an 1-5 Refinement Plan have been completed. These two items
need to be incorporated into the TSP Update. Currently, there are several projects that are
underway, which will also need to be coordinated with the TSP Update. These include the
Woodburn Interchange Management Plan, the Woodburn Interchange Environmental
Assessment (EA), the Periodic Review Grant project, the transportation modeling project to
update the modeling that was done as part of the original TSP, and the Marion County (County)
Urban Growth Management Agreement (UGMA). The TSP Update must be coordinated with
these studies and include the resulting information as required in the periodic review process.
The purpose of 2020 TSP Update project is to amend the TSP based on the following criteria:
. State Transportation Planning Rule (TPR) requirements;
. Transportation Model structure to satisfy Oregon Department of Transportation's (0001)
technical specifications and consistent with local land use designations; and
. Consistency with other completed plans and coordinated with other projects as previously
mentioned.
TSP Update Objectives
The outcome from this TSP update project will be the following:
. Develop an adoption ready TSP Update that complies with the TPR, the Oregon Highway
Plan (OHP), and the City Comprehensive Plan.
· Address an expanded planning area and the transportation needs for the five-year
increment 2015 through 2020 to satisfy a1llSP-related requirements of Oregon
Administrative Rule (OAR) 660-12. The analysis must identify any additional multimodal
and intermodal transportation system improvements to bicycle and pedestrian, freight and
passenger movement, public transportation, community accessibility and motor vehicle
systems. Safety and transportation system and demand management needs shall be
reassessed and updated.
. Update of the Transportation Analysis Zone (TAZ) model structure to correspond with the
Buildable Lands Study, the Economic Opportunities Analysis, and Comprehensive Plan
changes identified through the Periodic Review process.
. Preparation of implementing ordinances for incorporation into the Comprehensive Plan,
Development Code, Subdivision Standards and Access Management Ordinance to adopt
and implement the 2020 lSP Update.
General Project Coordination
Public involvement must be incorporated throughout the planning process. Public agencies,
including the City. County. the ODOT and the Department of Land Conservation and
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ATTACHMENT -LL-
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TGM Grant Agreement No. 19786
TGM File Code 2Q-01
EA # TGM5GT12
Development (DLCD) shall be involved in the process, as well as the City Council, Planning
Commission and citizenry. The City's Community Development Director and Transit/Project
Manager shall provide general project coordination throughout the project. A Technical
Advisory Committee, Public Work Session, and Public Hearing decision structure will be used to
satisfy this requirement.
City shall reestablish the TSP Technical Advisory Committee comprised of representatives of
City, County, DLCD, and ODOT for review and public comment on the 2020 TSP products.
Public work sessions and hearings shall be held to inform and obtain feedback from area
residents and interest groups. City shall provide meeting minutes that record comments for
consideration. City shall coordinate project tasks with the Community Development Department,
Public Works Department, Police, and Fire.
Meetings, open houses, and work sessions are specified in Tasks 1 through 4. City shall lead
public and technical review tasks and be responsible for scheduling, noticing, and documenting
the public meetings and work sessions. The Contractor shall make presentations at TSP
Technical Advisory Committee meetings during Tasks 1 through 4. City shall coordinate with
County and affected agencies to conduct three (3) Open Houses to obtain additional area wide
public input on the draft and final TSP with technical support provided by the Contractor.
Contractor shall log public comments and address them in collaboration with City and ODOT as
revisions to the draft TSP prior to finalizing the TSP.
Contractor shall present the completed draft TSP and draft amendments to the comprehensive
plan and development code at one City Planning Commission work session and one City Council
work session. Contractor shall present the Final TSP and draft amendments to the
comprehensive plan and development code at one Planning Commission hearing and one City
Council hearing.
Project Cooperation
This statement of work describes the responsibilities of all entities involved in this cooperative
project.
Any Contractor tasks or deliverables which are contingent upon receiving information,
resources, assistance, or cooperation in any way from another entity as described in this
statement of work shall be subject to the following guidelines:
1. At the first indication of non-cooperation, Contractor shall provide written notice (email
acceptable) to Agency Contract Administrator of the specific acts or inaction indiCating non-
cooperation and of any deliverables that may be delayed due to such lack of cooperation by
other entities referenced in the statement of work.
2. Agency Contract A~trator shall contact the non-cooperative entity / s to discuss the
matter and attempt to correct the problem and/ or expedite items determined to be delaying
Contractor / project.
3. If Contractor has followed the notification process described in item 1, and delinquency or
delay of any deliverable is foun4 to be a result of the failure of other referenced entities to
provide information, resources, assistance, or cooperation. as described in the statement of
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ATTA~/'ENT 5!
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TGM Grant Agreement No. 19786
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EA # TGM5GTl2
work, Contractor shall not be found in breach or default of contract; nor shall Contractor be
assessed or liable for any damages. The Agency Contract Administrator will negotiate with
Contractor in the best interest of the State, and may amend the delivery schedule to allow
for delinquencies beyond the control of Contractor.
Contractor shall schedule and maintain monthly contact, including written and/or oral comments,
with the City and Contract Administrator to ensure smooth completion of the project. City shall
review and provide input on Contractor deliverables throughout the course of the project. A
detailed scope of work describing each of the tasks required to complete the 2020 TSP Update is
presented on the following pages.
Project Tasks
Because of the complexity of coordinating with several other on-going projects involving the
City of Woodburn and the time involved negotiating the contract, this project was approved to
span into the 2003-2005 biennium. The statement of work that follows has four tasks, divided
into two phases. Phase I or Tasks 1-3 shall be completed in the current biennium on June 30,
2003. Phase 2 or Task 4 is scheduled into the next biennium for a completion date of December
1,2003.
Deliverables Overview
All products must be in a format compatible with City document and mapping format and
software. Specifically, the Contractor shall provide all documents in hard copy and in computer
files in MS Word 98, MS Excel 97, HTML, or ArcView version 3.1 Shape file as appropriate.
The draft and final versions of the TSP may have color, but must be reproducible in black and
white. The TSP must include text, maps, and charts to easily communicate the results and
recommendations. One copy of both the draft and final TSP suitable for reproduction must be
unbound. Contractor shall provide copies of the TSP as requested by the City and ODOT up to
10 copies each and shall provide the Transportation and Growth Management (TGM) Contract
Administrator with 4 hard copies, one unbound hard copy and one electronic copy.
Task 1. City Planning Area Definition, Data Collection, System Deficiency
Analysis, Public Involvement, And Coordination
Team Roles: ODOT Transportation Planning and Analysis Unit (TJ> AU) shall obtain the model
and associated data from affected agencies to perform the EMMEl2 modeling. Contractor shall
review the EMMEl2 modeling results and identify changes within the transportation system. City
shall gather existing City documents and data and provide the information to Contractor for the
Task I analysis subtasks.
Objectives: To define an updated City planning area. To develop state-of-the practice 2000-
2020 EMMEl2 travel demands model (to be completed by ODOT). To identify and assess the
incremental changes from 2015 to 2020 and identify transportation deficiencies within the
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TGM Grant Agreement No. 19786
TGM File Code 2Q-O I
EA # TGM5GT12
designated planning area. To update goals, policies, and actions to 2020. To provide for
technical and public involvement throughout the project to obtain a technically-accurate,
coordinated, and publicly-responsive 2020 TSP that fulfills state, regional, and local planning
requirements, and meets the needs of the area residents now and in the future.
Methods and Tasks:
City and Contractor shall coordinate TSP Update project Task 1 work with the Periodic Review
Grant project and shall not complete TSP Update Task 1 until information is provided as input
for the database and forecasting tasks from Periodic Review Grant project Tasks 1-5, Product 1.
Tasks 1-5 of the Periodic Review Grant project are scheduled to be complete by August 1,2002.
(Task 1-.1 of the Periodic Review Grant project is coordination with County, Task 1-2 is
coordination with ODOT, Task 1-3 is to revise the Housing Needs Analysis, Task 1-4 is to
update the buildable lands inventory, Task 1-5 is to create a land use inventory outside the Urban
Growth Boundary (UGB.) This work must be completed before the TSP Update Task 1 is
completed so that coordination is possible.
City Subtasks:
City shall:
1. Reestablish the TSP Technical Advisory Committee comprised of representatives of City,
County, ODOT (TP AU and Area Planner) and DLCD for review and public comment on the
2020 TSP products.
2. Provide the Contractor with relevant local plans, documents, policies, standards,
regulations, and other relevant background data and reports, and help identify issues
relative to the TSP.
3. Coordinate and participate in a work session with Contractor, TSP Technical Advisory
Committee, ODOT and DLCD to interpret how applicable plans and policies are expected.to
impact the TAZ allocations and to define an allocation methodology for future development.
assumptions, in terms of location, density, housing type and employment type. The
population must correspond with the interim forecast agreed upon by the County for the
City that calls for a 2020 medium range population forecast of 34,919 based on a 2.8 %
Average Annual Growth Rate (AAGR). This population projection is not the coordinated
2020 population forecast which is 26,290. In a recent review of the EcoNorthwest
projections for the City of W oodbum, the County agreed that the coordinated population
forecast is too low. However, it must be noted: "Marion County's coordination and
consensus with the City and ODOT on the higher, medium~range forecast from the
ECONorthwest study for interim use at this time comes with several caveats.
. First, the forecast is an interim planning tool and is not an adopted projection by the
County. The County intends to revisit the adopted 2020 coordinated forecasts for the
County and cities following the release by the State Deparbnent of Administrative
ServicesjOfficeof Economic Analysis of new state and County population projection
information this springj summer based on the 2000 Census data. Once this information is
released for review and use, it is anticipated that it will take at least another six months after
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TGM Grant Agreement No. 19786
TGM File Code 2Q-01
EA # TGM5GT12
that before any revisions to the currently adopted 2020 forecasts for the cities would be
under consideration and undergo countywide coordination with the cities.
· Second, the interim 2020 population projection of 34,919 to be used by the City in its
Periodic Review planning activities will be considered when the County looks at possible
revisions to the current adopted 2020 forecasts. The interim number however, may not be
the revised adopted forecast number since the City's allocation will need to be considered
and coordinated with all the other cities forecasts within the County.
. Third, the County's review of changes to the City's comprehensive plan, growth boundary,
and growth alternatives/strategies will be based on an approved coordinated 2020
population forecast for the City of Woodburn pursuant to the provisions of ORS 195,036."
(Marion County Community Development Department letter to DLCD, Les Sasaki, May 9,
2002).
In support of travel demand model development, City shall:
1. Coordinate with and assist Contractor to develop land use/demographic data for the
base year (2000) T AZ system. Data tables reflecting existing conditions following
model new boundaries shall be produced.
2. Coordinate with Contractor to develop land use/ demographic data for the future year
(2020) T AZ. Data tables for Year 2020 must follow the new travel demand model
boundaries.
3. Assist OOOT TPAu in the development of model relevant data (land use and demographics
data).
4. Coordinate schedule and document TSP Technical Advisory Committee Meetings #1 and #2
and Work Session #1.
5. Coordinate project tasks with the Community Development Department, Public Works
Department, Police, and Fire.
ODOT Subtasks: .
ODOr TP A U shall:
Participate in Work Session #1 with Contractor, City, TSP Technical Advisory Committee,
ODOT and DLCD to interpret how applicable plans and policies are expected to impact the TAZ
allocations and to define an allocation methodology for future development assumptions, in
terms of location, density, housing type and employment type.
Complete the EMMEl2 Modeling of the three land use alternatives based on TAZ allocation
provided by Contractor. Develop and calibrate a new travel demand model for the study area as
follows:
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ATTACHMENT A
Page.l.!P.- of -3 "
TGM Grant Agreement No. 19786
TGM File Code 2Q-O 1
EA # TGM5GT12
ODOT TPAU shall Prepare State Q,{the Practice Travel Demand Model
Objective: Develop a comprehensive travel demand model capable of estimating peak period(s)
and daily person vehicular trips. Through this effort a set of new models (trip generation,
distribution, and assignment) shall be developed for the Woodburn area. The major goal'ofthis
effort is to rebuild the model and make full use oflocal (County and State) available travel
behavior information.
A complete set of travel demand models for the Woodburn area is the product of this work. This
set includes trip generation, trip distribution, and trip assignment for the 2000 base year and the
2020 forecast years. This new set of models will take advantage of the ODOT's 1995 locally
collected household travel survey data, thus minimizing the use of aggregated and synthesized
factors and parameters used in older models. To achieve the proper level of analysis sensitivity
for the study area, the recommendations outlined and discussed in ODOT's "Travel Demand
Model Development and Application Guidelines" document for Non-MPO areas shall be
followed throughout the development of this model.
Model Structure - The proposed model estimation sequence must adhere to the traditional four-
step process applied and implemented within the EMME/2 software package. The trip
generation model must be a cross-classification model, stratified by various household
characteristics (income, house size, workers per household, etc). The distribution model must
utilize local area highway travel time, demographic arid land-use characteristics implemented
within the specific trip purpose impedance utilities.
The model inputs must consist of:
. Land use and demographic data allocated according to a predefined set of traffic zones;
. Network data that describes all the physical characteristics of the road links that connect
zones.
Model output includes:
. Travel time for all origin destination pairs between zones;
. Travel time and auto volume for all links that connect zones.
Develop a new EMME/2 model within the identified planning area.
Attend and participate in TSP Technical Advisory Committee Meetings #1 and #2.
Contractor Subtasks:
Methods and Tasks: Contractor shall gather data and information to determine the current
conditions, deficiencies and transportation needs. Contractor shall determine future
transportation conditions, deficiencies and needs based on an analysis of results from the new
travel demand model assumptions for an expanded City planning area. Contractor shall review
and revise, in coordination with the City and the TSP Technical Advisory Committee, City goals,
policies for the purpose of responding to incremental changes projected for 2015 through 2020
and identified issues and studies.
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ATTACHMENT A
Page -1..2.- of .3<:.::>
TGM Grant Agreement No. 19786
TGM File Code 2Q-01
EA # TGM5GTl2
Contractor shall:
Subtask 1.1
Schedule and maintain monthly contact, including written and/or Qral comments, with City and
Contract Administrator to ensure smooth completion ofthe project.
Subtasks 1.2
Determine all future year population and employment projections and disaggregation to T AZs
for purpose of modeling alternatives and shall coordinate this work with the City. Contractor
shall provide the above data to ODOT TPAU for the EMME/2 model task. In support of travel
demand model development, Contractor shall:
. Coordinate with the City to develop land use/ demographic data for the future year (2020)
T AZ. Produce data tables for Year 2020 that follow the new travel demand model
boundaries.
. Assist aDaT TP AU in the development of model relevant data (land use and demographics
data) .
Subtask 1.3
Identify expanded planning area that responds to annexations that occurred since the 1996 TSP
as well as future annexation areas. Coordinate with ODOT, DLCD, County and other affected
agencies to develop a planning study area map;
Subtask 1.4
Identify issues that need to be addressed in the 2020 update considering the following recent or
ongoing planning efforts. Identify necessary changes to address consistency. Coordinate with
County, ODOT, DLCD and affected agencies. Complete a TAZ map and a report containing
TAZ data in table format. When developing future TAZ structures, it is intended that individual
T AZs should conform to jurisdictional boundaries to the extent practicable. Minor variations
may occur to account for census geography or other physical features and conditions.
Review Oregon Transportation Plan (OTP) and OHP and relevant corridor and/or refinement
plans. Review County plans. Coordinate with the findings and recommendations of the County
UGMA. Address consistency with City TSP. Specifically analyze updated access standards,
functional classifications, truck route designations, and Volume to Capacity (V IC) standards to
detennine if changes should be made to City standards, both at a system level and on specific
roadways.
Coordinate the TSP Update with the other studies completed or currently underway. Highway
214 Alternatives Analysis (completed 1999-2000), the Woodburn Interchange Refinement Plan
(completed 1999-2000), and the Woodburn Interchange Management Plan. The TSP Update
must include a local circulation strategy for the areas adjacent to Highway 214 and the 1-5
Interchange and address access management by considering access points on Highway 214.
Additionally, any information that is available from the EA for the Woodburn Interchange
Management Plan must be incorporated into the TSP Update.
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ATTACHMENT .J,o
Page.1.tL-. of
TGM Grant Agreement No. 19786
TGM File Code 2Q-O 1
EA # TGM5GT12
Complete a TAZ map and corresponding report containing TAZ data in table format for three
land use alternatives - intensify land use within existing UGB and two UGB expansion options.
The land use options are mainly driven by outcomes of the City's Goal 9 and Goal 10 Analysis
under Periodic Review, which is being conducted simultaneously with the TSP Update through a
Periodic Review Grant Project. Coordinate with the Buildable Lands Study, including its
alternative analysis pursuant to ORS 197.296(7), the Woodburn Economic Opportunities
Analysis and Development Strategy Final Report, and the land use alternatives from the Periodic
Review project.
Contractor shall participate in Work Session #1 with City, TSP Technical Advisory Committee,
ODOT and DLCD to interpret how these plans are expected to impact the T AZ allocations and to
define an allocation methodology for future development assumptions, in terms of location,
density, housing type and employment type. Contractor shall apply this methodology to create a
draft T AZ allocation for each alternative. Contractor shall review draft allocation and revise per
comments by City, TSP Technical Advisory Committee, ODOT and DLCD.
Review any other appropriate studies or analysis that should be considered in the 2020 TSP
Update and incorporate any relevant information into the TSP Update.
Subtask 1.5
ODOT and the City shall provide the Contractor with base inventory information and recent
vehicle classification and traffic counts suitable for update of the TSP. The Contractor shall
complete a Technical Memorandum #1 to update TSP chapter reporting on the following:
. Assess street functional classifications and revise as agreed upon by TSP Technical Advisory
Committee.
. Identify capacity, local circulation, safety, access management, parking and maintenance
needs on the current roadway system.
. Identify future rights of way to accommodate multiinodal system needs.
. Evaluate the following TSP systems for potential revisions in accordance with the TSP
Guidelines 2001 (listed on pp. 20-21 of the TSP Guidelines). Coordinate with City, County,
and OooT on facilities under their jurisdiction. Coordinate with ODOT on consistency to
meet state requirements.
- Street Inventory
- Public Transportation Inventory
- Rail Inventory (commuter rail as an alternate means of transportation),
- Bicycle and Pedestrian Inventory,
- Air Transportation Inventory
- Pipeline Inventory
- Water Transportation Inventory
. Additional Inventory Items when necessary: Intermodal connections and facilities, Freight
routes, Adjacent land uses, Land uses that significantly impact state highways, Major
activity centers, Growth patterns, Impact on minority and low-income populations.
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ATTACHMENT --LL-
Page..J.!J- of ..:3<0
TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GTl2
· Evaluate strategies for enhancing the role of rail transportation and recommendations for
better integrating this mode with other travel modes.
· Evaluate Transportation Demand Management (TDM) Strategies and Transportation
System Management (TSM) strategies for possible revisions.
. Evaluate high traffic volumes of special events.
Subtask 1.6
Contractor shall prepare Technical Memo #2 to update the TSP chapter that describes current
conditions and deficiencies by using the inventory data as a basis for describing the current
condition of the transportation system and determining where the system is currently deficient.
The analysis must cover streets, public transportation, bicycle/pedestrian facilities, rail, air,
pipeline and water transportation. Technical Memo #2 must also address intermodal
connections, freight routes, land use and major activity centers.
Subtask 1.7
Contractor shall identifY future travel demand, capacity, and deficiencies and needs for the
transportation system based on the modeling results provided by ODOT TP AU assuming time
for coordination is for transmittal logistics and not on specific content of the modeling results.
The product of this analysis must be in the form of Technical Memo #3 and an updated TSP
chapter that:
· Describes the demands on the transportation system through the planning horizon;
· Compares those demands to system capacity and identified deficiencies in that system;
· Describes overall transportation system needs.
. The information must be presented in tabular and narrative form with maps showing where
gaps between capacity and demands on the system are likely to be the greatest.
Subtask 1.8
Contractor shall present Task 1 products at TSP Technical Advisory Committee Meetings #1 and
#2.
Contractor Oellverables Coplos Contractor Task
Amount
1 a. Monthly contact, including written and/or oral comments,
with City and Contract Administrator (subtask 1.1)
1 b. Population and employment data by T AZ for forecast year 1 electronic copy and 1
(2020). (subtask 1.2) reproducible copy
Updated system inventories for Streets, Public transportation
services, Truck routeslfrelght movement, Rail, Pedestrian and
Bicycle. Air, Pipeline and Water Transportation. (subtask 1.5)
to support preparation of Technical Memorandum #1
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ATTACHM.ENT A
PagO~of~
TGM Grant Agreement No. 19786
TGM File Code 2Q-0 1
EA #TGM5GT12
Contractor Dellverables Copies Contractor Task
Amount
1 c. Attend and participate in Work Session #1. (Subtask 1.4)
1d. Study Area Map (Subtask 1.3) 1 reproducible map
1e. TAZ zone maps (Subtask 1.4) 1 reproducible map for
each future analysis
scenario
1f. Refined TAZ data in table fonnat (subtask 1.4) 1 electronic copy for
each future analysis
scenario
19. Technical Memorandum #1 (subtask 1.5) 1 electronic copy and 1
reproducible copy
1h. Technical Memorandum #2 (Task 1-6) 1 electronic copy and 1
reproducible copy
1 i. Technical Memorandum #3 (Task 1-7) 1 electronic copy and 1
reproducible copy
1j. Presentation ofTask 1 products, and record meeting 1 electronic copy and 1
minutes for TSP Technical Advisory Committee Meetings #1 reproducible copy of
and #2. (Task 1-8) presentation materials
Total $45,465
Task 1 Schedule
Contract Administrator review of progress towards completion of City and Contractor
deliverables will be completed by end of Month 5. Periodic Review Product 1 Subtasks 1-5 are
scheduled to be completed by December 31, 2002. City and Contractor shall not complete TSP
Update Task 1 until the Periodic Review Grant project Tasks 1-5 are complete and input for
database and forecasting have been provided to incorporate into the TSP Update Task 1.
Contract Administrator shall determine if above deliverables are sufficiently complete or
underway to proceed with remaining tasks. Contract Administrator shall advise City and
Contractor of decision regarding termination or remedy in writing or bye-mail.
Task 2. Identify Preferred Alternative
Team Roles: ODOT shall participate as a member of the Technical Advisory Committee. City
shall assist with presentations, document meetings, and coordinate with the Contractor in
performing the described tasks. Contractor shall perform technical work as noted in tasks below.
Objective: To develop and evaluate system alternatives that eliminate transportation
deficiencies and needs. To identify a 2020 preferred multimodal transportation system that
accommodates 2020 system needs and addresses the TPR and OHP requirements, and resolves
outstanding issues. To coordinate Task 2 work with OPOT, DLCD, County and other affected
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TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GT12
agencies. City and Contractor shall coordinate the TSP Update project Task 2 work with the
Periodic Review Grant project and shall not complete Task 2 until information is provided from
Tasks 6 and 7 of the Periodic Review Grant project (Product 2 of the Periodic Review Grant
project). (Task 6 of the Periodic Review Grant project is to create urhan growth alternatives and
Task 7 is to evaluate and select three preferred growth alternatives.) Tasks 6 and 7 are scheduled
for completion by October 1,2002 and must be completed before the TSP Update Task 2 of this
project is completed so that coordination is possible.
City Subtasks:
City shall:
Coordinate, schedule and document all meetings, and coordinate with the Contractor in
performing the described tasks.
Methods and Tasks:
Contractor shall develop the system alternatives and evaluation criteria for preferred alternative
transportation system and coordinate this work with ODOT, DLCD, County and other affected
agencies. Contractor shall make two presentations to TSP Technical Advisory Committee,
consider technical and public cOIilments, and develop text and maps as described.
Contractor Subtasks:
Contractor shall:
Subtask 2.1
Contractor shall schedule and maintain monthly contact, including written and/or oral comments,
with City and Contract Administrator to ensure smooth completion of the project.
Subtasks 2.2
Identify revisions to City transportation goals, policies, and actions that respond to Task 1
analysis.
Subtask 2.3
Develop and evaluate system alternatives that address deficiencies and needs based on the Task 1
analysis and Periodic Review Task 7 results. Evaluate the following components of system
alternatives and prepare Technical Memorandum #4 to address the following:
1. Improvements to existing facilities or services.
2. New facilities and services including different modes or combination of modes that could
reasonably meet identified transportation needs.
3. TSM measures.
4. TDM measures.
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ATTACHMENT .~
Page i?:3...... of ~
TGM Grant Agreement No. 19786
TGM File Code 2Q-O 1
EA # TGM5GT12
5. A No-build system.
Ensure that the evaluation addresses the system elements identified in OAR 660-012-020.
Complete the evaluation and selection of the alternatives consistent with the standards used to
evaluate and select alternatives that are identified in OAR 660-012-0035 (3), OHP, State TSP
and State Land Use Goals, regional plans, and City goals and policies. The transportation system
alternatives must be evaluated using the Measures of Effectiveness developed by the Contractor
under the direction of the TSP Technical Advisory Committee and ODOT. These measures of
effectiveness include:
- V /C Ratio
- Alleviation of capacity problems
- Addition of road capacity
- Transit ridership
- Mobility for the transportation disadvantaged.
- Cost
- Livability
- Economic/ social and environmental impacts, including impacts on low-income and
minority populations.
The product of this analysis must be a technical memo (Technical Memo #4) and updated TSP
chapter that identifies solutions, develops transportation system alternatives and evaluates those
alternatives. Technical Memo #4 must include a written description of the alternatives (up to
three alternatives plus the no build for a total of four), evaluation process, potential impacts, cost
estimates for the proposed improvements (projects), maps depicting the location of the projects
within the alternatives, and a table comparing the alternatives against the evaluation criteria and
the Measures of Effectiveness. An alternative is defined to include system capacity and/or
operational improvements. The Contractor shall evaluate the proposed solutions for their
environmental viability. Solutions with obvious environmental "fatal flaws" must be revised to
minimize the environmental concerns;
Contractor shall coordinate the work in Subtask 2.3 with DLCD arid the Periodic Review Grant
project work on refinement ofthe land use alternatives. Contractor shall prepare documents of
draft system alternatives including text, maps, and model runs, or other formats as agreed upon
by TSP Technical Advisory Committee and ODOT TP AU.
Subtask 2.4
Prepare presentation material and give one presentation to TSP Technical Advisory Committee
at Meeting #3 to receive input on potential transportation system alternatives and selection
criteria.
Subtask 2.5
Select a preferred alternative that addresses transportation deficiencies and needs, and is
coordinated with the Periodic Review Grant project work for the preferred land use alternative,
and responds to comments from the public, the TSP Technical Advisory Committee, ODOT,
DLCD, the County and other affected agencies.
.22 -
ATTACHMeNT~
Page =:?3- of
TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GT12
Prepare presentation materials and present to TSP Technical Advisory Committee and other
affected agencies to review and comment on the recommended preferred alternative.
Prepare revised transportation system and an updated TAZ data table for the recommended
preferred alternative (coordinated with DLCD Periodic Review Grant project) and provide to
ODOT for modeling.
Subtask 2.6
IdentifY preferred alternative improvements and prepare Technical Memorandum #5 that
includes the infonnation from the following subtasks:
Develop updated text, tables, and maps that identify improvements to the following systems:
bicycle and pedestrian, public transportation, street, golf cart, rail, intersection, signal, TDM,
TSM, freight routes, air transportation, water transportation, and pipeline.
Develop updated text and maps to identifY the improvements, functional classification system,
and 2020 right of way needs.
Subtask 2.7
IdentifY planning level cost estimates for the preferred alternative and develop a Draft Financial
Plan that responds to the existing financial plan parameters and TPR requirements. Contractor
shall prepare a long-range transportation improvement program which implements the TSP and
Transportation Finance Program that explains how projects identified in the transportation
improvement program will be funded. The product of this analysis is a Final Financial Plan and
updated TSP chapter that;
. Identifies a list of planned transportation facilities and major improvements, and documents
why each project was selected.
. Provides a general estimate of the timing for planned transportation facilities and major
improvements identified in the TSP.
. Provides an estimate of environmental impacts of proposed (major) facilities.
. Discusses each facility or service providers existing funding mechanisms and the ability of
these and new mechanisms to fund the projects identified in the transportation
improvement program; identify use of system development charges (SDC's) if applicable.
. To the greatest extent possible, projects should be prioritized within the transportation
improvement program.
Contractor Dellverables Copies Contractor
Task Amount
2a. Monthly contact, including written and/or oral comments, with
City and Contract Administrator (Subtask 2.1 )
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ATTACHMENT A
page..M- of ~
TGM Grant Agreement No. 19786
TGM File Code 2Q-O 1
EA # TGM5GTl2
Contractor Deliverables Copies Contractor
Task Amount
2b. Draft updated goals, policies, and actions (Subtask 2.2) 1 electronic copy
2c. Technical Memorandum #4 including draft system alternatives 1 electronic/digital copy
(maps. model runs, and text) (Subtask 2.3) and reproducible copy as
appropriate
2d. Presentation materials and presentation to TSP Technical 1 electronic/digital copy
Advisory Committee on potential alternatives at TSP Technical and reproducible copy of
Advisory Committee Meeting #3. (Subtask 2.4) presentation materials
2e. Select a preferred alternative that addresses the criteria, the 1 electronic/digital copy
preferred land use alternative and responds to public and TSP and reproducible copy of
Technical Advisory Committee comments. Presentation materials presentation materials
and presentation to TSP Technical Advisory Committee to select
preferred alternative (Subtask 2.5)
2e. Technical Memorandum #5 with preferred alternatives text, 1 electronid digital copy
tables and maps (Subtask 2.6) and reproducible copy as
appropriate
2f. Preferred altemative Draft and Final Financial Plan (Subtask 1 electronic copy
2.7)
Total $33,073
Task 2 Schedule for Completion:
Months 3-9 from notice to proceed. Contract Administrator review of progress towards
completion of City and Contractor deliverables shall be completed by end of month 9. Contract
Administrator shall determine if above deliverables are sufficiently complete or underway to
proceed with remaining tasks. Contract Administrator shall advise City and Contractor of
decision regarding termination or remedy.
Task 3. Prepare Draft 2020 TSP
Team Roles: City shall assist in meeting presentations, document meetings, and coordinate with
the Contractor. City and Contractor shall coordinate and staff the three open houses and log
comments.
Objective: To develop a Draft 2020 TSP based on the preferred alternative that results in
acceptable V IC ratios for state highways and an appropriate performance standard for City
facilities, is consistent with State and regional plans and fulfills State, regional, and local
planning requirements. To coordinate the development of a Draft 2020 TSP with ODOr,
DLCD, County and other affected agencies.
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ATTACHMENT A
Page~ of ~
TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GT12
City Subtasks:
City shall:
Document meetings, and direct Contractor.
Coordinate and staff the three open houses and log comments.
Contractor Subtasks:
Contractor shall prepare draft text, maps, figures and financial plan to describe the selected
preferred transportation system. Contractor shall incorporate the Alternatives Analysis of
Highway 214, the Interchange Refinement Plan and the Woodburn Interchange Management
Plan and EA into the 2020 TSP draft and coordinate the draft plan with ODOT, DLCD, County
and other affected agencies. Contractor shall make presentations to the TSP Technical Advisory
Committee to receive comments on draft products. Contractor shall prepare a comment/response
log.
Contractor shall:
Subtask 3.1
Contractor shall schedule and maintain monthly contact, including written and/or oral comments,
with City and Contract Administrator to ensure smooth completion of the project.
Subtask 3.2
Prepare a preliminary draft 2020 TSP.
Prepare draft goals, policies, and actions to reflect the preferred alternatives.
Prepare draft 2020 TSP chapters with tables, figures, and maps to reflect the preferred alternative
consistent with State, regional and local plan requirements. Develop financial plan.
Incorporate Alternatives Analysis of Highway 214 and the Woodburn Interchange Refinement
Plan into the draft 2020 TSP.
Incorporate the Woodburn Interchange Management Plan including any infoooation from the
W oodbum Interchange EA into the draft 2020 TSP.
Incorporate necessary infoooation from the Periodic Review Grant project into the draft 2020
TSP.
Provide draft 2020 TSP to ODOT, DLCD, County and other affected agencies for review and
comment two (2) weeks before the open house presentations at Open House #1.
Subtask 3.3
Prepare presentation materials and give one presentation at the TSP Technical Advisory
Committee Meeting #4 to receive comment on the Draft: 2020 TSP. Prepare comment and
response log. Make revisions as appropriate.
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ATTACHMENT -L1-
Page..k.. of 3(0
TGM Grant Agreement No. 19786
TOM File Code 2Q-O 1
EA # TOM5GTl2
Subtask 3.4
Schedule and facilitate three (3) open houses in coordination with affected agencies to receive
public comment on the draft 2020 TSP.
Contractor Dellverables Copies Contractor
Task
Amount
3a. Monthly contact, including written and/or oral comments,
with City and Contract Administrator (Task 3-1)
3b. Draft 2020 TSP (Task 3-2) 1 electronic/digital copy
and 1 reproducible copy
3c Presentation materials and presentation to TSP Technical 1 electronic/digital copy
Advisory Committee on Draft 2020 TSP at Meeting #4. and 1 reproducible copy of
Prepare comments/response log. Make revisions to the draft all meeting presentation
2020 TSP based on comments received. (Task 3-3) materials as well as 1
electronic copy of
comments and responses
3d. Coordinate and facilitate two(2) area wide coordinated 1 hard copy of presentation
open houses to present and receive comment on the Draft materials including maps
2020 TSP (Open Houses #1 and #2) (Task 3-4)
3e. Coordinate and facilitate one(1) open house on revised 1 hard copy of presentation
Draft 2020 TSP (Open House #3) (Task 3-4) materials including maps
Total $26,462
Schedule for Completion:
8-12 months from notice to proceed. As mentioned above, Phase I(Tasks 1 - 3) is to be
completed by June 30, 2003. Contract Administrator review of progress towards completion of
City and Contractor deliverables shall be completed by end of month 12. Contract Administrator
shall determine if above deliverables are sufficiently complete or undelWay to proceed with
remaining tasks. Contract Administrator shall advise City and Contractor of decision regarding
termination or remedy.
Task 4. Final Draft 2020 TSP, Implementing Ordinance Preparation, And Work
Session
Team Roles: Contractor shall prepare Final Draft 2020 TSP and implementing ordinances that
responds to comments by the public, City Council and Planning Commission. Contractor shall
make presentations to the TSP Technical Advisory Committee, Planning Commission and City
Council. The Contractor shall provide the proposed amendments to the City codes and
Comprehensive Plan to OLCO, OOOT, County and other affected agencies for review and
comment two weeks prior to the Planning Commission work session and Public Hearing. The
Contractor shall prepare a comment/response log and revise documents. Contractor shall
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ATTACHMENT A
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TGM Grant Agreement No. 19786
TGM File Code 2Q-01
EA #TGMSGTl2
prepare the final 2020 TSP for adoption by the City Council. City shall coordinate logistics and
document meetings, and coordinate with the Contractor.
Objective: To prepare the Final Draft 2020 TSP and implementing ordinance amendments to
the Comprehensive Plan, Development Code, Subdivision Standards and Access Management
Ordinance to adopt and implement the 2020 TSP update.
Methods and Tasks: Contractor shall amend City codes and plans for adoption and to
implement the 2020 TSP as required by State Law. Contractor shall facilitate and present draft
code and plan amendments for the work sessions at Planning Commission and City Council
meetings. Contractor shall provide the proposed amendments to City codes and plan to DLCD,
ODOT, County and other affected agencies for review and comment. Contractor shall provide
revised Comprehensive Plan and Development Code amendments after the work sessions
incorporating comments from DLCD, ODOT, County and other affected agencies, the public and
policy direction to staff from Planning Commission and City Council.
City Subtasks:
City shall:
Process the draft amendments.
Coordinate, schedule and document TSP Technical Advisory Committee Meeting #5 and
coordinate with the Contractor in performing the described subtasks within Task 4.
Schedule Work Session #2 with Planning Commission on the 2020 TSPand implementing
ordinance amendments. (Contractor shall make the presentation to Planning Commission.)
Schedule the public hearing with Planning Commission on the 2020 TSP and implementing
ordinance amendments. (Contractor shall make the presentation.)
Schedule Work Session #3 with City Council on the 2020 TSP and implementing ordinance
amendments. (Contractor shall make the presentation.)
Schedule a public hearing with City Council on the 2020 TSP and implementing ordinance
amendments. (Contractor shall make the presentation.)
Contractor Subtasks:
Contractor shall:
Subtask 4.1
Contractor shall schedule and maintain monthly contact, including written and/or oral comments, .
with City and Contract Administrator to ensure smooth completion of the project.
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ATTA~~ENT ~0
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Subtask 4.2
Review the Comprehensive Plan, Development Code, Subdivision Standards and Access
Management Ordinance.
Subtask 4.3
Identify specific map and text amendments to these plans and codes to adopt and implement the
2020 TSP.
Sub task 4.4
Prepare draft map and text amendments to the Comprehensive Plan, Development Code,
Subdivision Standards and Access Management Ordinance.
Subtask 4.5
Provide the Revised Draft 2020 TSP and draft implementing ordinances at TSP Technical
Advisory Committee Meeting #5. Contractor shall make presentation at the meeting. The
Contractor shall provide the proposed amendments to the City codes and plan to DLCD, ODOT,
County and other affected agencies for review and comment two (2) weeks prior to the Planning
Commission work session and Public Hearing.
Subtask 4.6
Prepare and maintain a comment/response log of the input received on the draft ordinances.
Subtask 4.7
Prepare revised draft map, ordinances and text amendments responsive to comments received
from the TSP Technical Advisory Committee, DLCD, ODOT, County and other affected
agencies.
Subtask 4.8
Give presentation at Planning Commission Work Session #2 on the Draft 2020 TSP and
implementing ordinance amendments.
Subtask 4.9
Give presentation at City Council Work Session #3 on the Draft 2020 TSP and implementing
ordinance amendments.
Subtask 4.10
Prepare the Final Draft 2020 TSP and Implementing Ordinances
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ATTACHMENT --Li.-
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TGM Grant Agreement No. 19786
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EA # TGM5GTl2
8ubtask 4.11
Present the Final Draft 2020 TSP and Implementing Ordinances at the Planning Commission
Public Hearing.
8libtask 4.12
Present the Final Draft 2020 TSP and Implementing Ordinances at City Council Public Hearing.
Contractor Deliverables Copies Contractor
Task Amount
4a. Monthly contact, including written and/or oral comments, with City
and Contract Administrator [Subtask 4.1]
4b. Draft Comprehensive Plan, Development Code, Subdivision 1 electronic/digital copy
Standards and Access Management Ordinance amendments for and 1 reproducible copy
adopting and implementing the 2020 TSP. Contractor shall provide the
proposed amendments to the City codes and plan to DLCD, ODOT,
County and other affected agencies for review and comment 2 weeks
prior to Planning Commission work session and Public Hearing.
[Subtask 4.2, 4.3 and 4.4J
4c. Prepare presentation material and present the Revised Draft TSP 1 electronic/digital copy
and the Draft Implementing ordinarices at the TSP Technical Advisory and 1 reproducible copy
Committee Meeting #5. Log of comments and responses [Subtasks 4.5 of all meeting
and 4.6] presentation materials
4d. Revised draft map and text amendments to City Comprehensive 1 electronic/digital copy
Plan, Development Code, Subdivision Standards and Access and 1 reproducible copy
Management Ordinance, incorporating City, County, ODOT and DLCD
comments [Subtask 4.7]
4e. Presentation to Planning Commission at Work Session #2 of the 1 electronic/digital copy
Revised Draft 2020 TSP and implementing ordinances [Subtask 4.8] and 1 reproducible copy
Log of comments and responses (Subtask 4.6) of all meeting
presentation materials
4f. Presentation to City Council Work Session #3 of the Revised Draft 1 electronic/digital copy
2020 TSP and implementing ordinances [Subtask 4.9] and 1 reproducible copy
Log of comments and responses (Subtask 4.6) of all meeting
presentation materials
4g. Prepare the Final Draft 2020 TSP and implementing ordinances that 1 electronic/digital copy
responds to City Council and Public Comments (50% of Subtask 4.10] and 1 reproducible copy
of ordinance
4h. Preparation of the Ordinance for adoption of the 2020 TSP. [50% of 1 electronic/digital copy
Subtask 4.10] and 1 reproducible copy
of ordinance
41. Presentation at Planning Commission public hearing of the Final 1 electronic/digital copy
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__",_""",___""_,__,~",_,,,,_",,^"_~~_",__,_,,,,,,,,"""___""_"_~__._",___,~._".<_.W"'--"~
ATTACHMENT ---4:--
page.30 of ~
TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GT12
Contractor Deliverables Copies Contractor
Task Amount
Draft 2020 TSP and Implementing Ordinances. [Subtask 4.11] and 1 reproducible copy
Log of comments and responses (Subtask 4.6) of all meeting
presentation materials
4j. Presentation at City Council public hearing for the Final Draft 2020 1 electronic/digital copy
TSP and Implementing Ordinances. [Subtask 4.12J and 1 reproducible copy
Log of comments and responses (Subtask 4.6) of all meeting
presentation materials
Total $25,000
Schedule for Completion: 13-18 months. As mentioned above, Phase 2 (Task 4) was approved
to span into the 2003-2005 biennium and shall be completed by January 6,2004.
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ATTACHMENT A
Page~ of 3~
TGM Grant Agreement No. 19786
TGM File Code 2Q-O 1
EA # TGM5GTl2
EXHIBIT B (Local Agency or State Agency)
CONTRACTOR CERTIFICATION
Contractor certifies by signing this contract that Contractor has not:
(a) Employed or retained for a commission, percentage, brokerage, contingency fee or other consideration, any firm
or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this
contract,
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm
or person in connection with carrying out the contract, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me
or the above consultant), any fee, contribution, donation or consideration of any kind for or in connection with,
procuring or carrying out the contract, except as here expressly stated (if any):
Contractor further acknowledges that this certificate is to be furnished to the Federal Highway Administration, and is subject
to applicable State and Federal laws, both criminal and civil.
AGENCY OFFICIAL C~RTIFICA TION (ODOT)
Department official likewise certifies by signing this contract that Contractor or his/her representative has not been required
directly or indirectly as an expression of implied condition in connection with obtaining or carrying out this contract to:
(a) Employ, retain or agree to employ or retain, any fmn or person or
(b) payor agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any
kind except as here expressly stated (if any):
Department official further acknowledges this certificate is to be furnished to the Federal Highway Administration, and is
subject to applicable State and Federal laws, both criminal and civil.
EXHIBIT C
Federal Provisions
Oregon Department of Transportation
I. CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION
Contractor certifies by signing this contract that to the best of its knowledge and belief, it and its principals:
1. Are not presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily
excluded from covered transactions by any Federal
department or agency;
criminal offense in connection with obtaining,
attempting to obtain or performing a public (federal,
state or local) transaction or contract under a public
transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft,
forgery, bribery falsification or destruction of
records, making false statements or receiving stolen
property;
2. Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a
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ATTACHMENT -LL-
Page ~ of -3(0
3. Are not presently indicted for or otherwise criminally
or civilly charged by a governmental entity
(federal, state or local) with commission of any of
the offenses enumerated in paragraph (1 )(b) of this
certification; and
4. Have not within a three-year period preceding this
application/proposal had one or more public
transactions (federal, state or local) terminated for
cause or default.
Where the Contractor is unable to certify to any of the
statements in this certification, such prospective participant
shall attach an explanation to this proposal.
List exceptions. For each exception noted, indicate to whom
the exception applies, initiating agency, and dates of action.
If additional space is required, attach another page with the
following heading: Certification Exceptions continued,
Contract Insert.
EXCEPTIONS:
Exceptions will not necessarily result in denial of award, but
will be considered in detennining Contractor responsibility.
Providing false information may result in criminal
prosecution or administrative sanctions.
The Contractor is advised that by signing this contract, the
Contractor is deemed to have signed this certification.
II. INSTRUCTIONS FOR CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MA TIERS-PRIMARY COVERED
TRANSACTIONS
1. By signing this contract, the Contractor is providing
the certification set out below.
2. . The inability to provide the certification required
below will not necessarily result in denial of
participation in this covered transaction. The
Contractor shall explain why he or she cannot
provide the certification set out below. This
explanation will be considered in connection with
the Oregon Department of Transportation
determination to enter into this transaction. Failure
to furnish an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material
representation of fact upon which reliance was
placed when the Department determined to enter
into this transaction. If it is later determined that
the Contractor knowingly rendered an erroneous
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TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GT12
certification. in addition to other remedies available
to the Federal Government or the Department may
terminate this transaction for cause of default.
4. The Contractor shall provide immediate written
n9tice to the Department to whom this proposal is
submitted if at any time the Contractor learns that
its certification was erroneous when submitted or
has become erroneous by reason of changed
circumstances.
5. The terms "covered transaction", "debarred",
"suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary
covered transaction", "principal", and "voluntarily
excluded", as used in this clause, have the meanings
set out in the Defmitions and Coverage sections of
the rules implementing Executive Order 12549.
You may contact the Department's Program Section
(Tel. (503) 986-3400) to which this proposal is
being submitted for assistance in obtaining a copy
of those regulations.
6. The Contractor agrees by submitting this proposal
that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any
lower tier covered transactions with a person who is
debarred, suspended, declared ineligible or
voluntarily excluded from participation in this
covered transaction. unless authorized by the
Department or agency entering into this transaction.
7. The Contractor further agrees by submitting this
proposal that it will include the Addendum to Form
FHW A~ 1273 titled, "Appendix B--Certification
Regarding Debarment, Suspension. Ineligibility and
Voluntary Exclusion--Lower Tier Covered
Transactions", provided by the Department entering
into this covered transaction without modification,
in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely
upon a certification of a prospective participant in a
lower tier covered transaction that it is not
debarred, suspended, ineligible or voluntarily
excluded from the covered transaction, unless it
knows that the certification is erroneous. A
participant may decide the method and frequency
by which it determines the eligibility of its
principals. Each participant may, but is not
required to, check the Nonprocurement List
published by the U. S. General Services
Administration.
ATTACHMENT 1
Page..33... of -3<0
9. Nothing contained in the foregoing shall be
construed to require establishment of a system of
records to render in good faith the certification
required by this clause. The knowledge and
information of a participant is not required to
exceed that which is normally possessed by a
prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph
6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier
covered transaction with a person who is
suspended, debarred, ineligible or voluntarily
excluded from participation in this transaction, in
addition to other remedies available to the Federal
Government or the Department, the Department
may terminate this transaction for cause or default.
III. ADDENDUM TO FORM FHW A-1273, REQUIRED
CONTRACT PROVISIONS
This certification applies to subcontractors, material
suppliers, vendors, and other lower tier participants.
Appendix B of 49 CFR Part 29 -
Appendix B-Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary
Exclusion-Lower Tier Covered Transactions
Instructions for Certification
1. By signing and submitting this contract, the
prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material
representation of fact upon which reliance was
placed when this transaction was entered into. If it
is later determined that the prospective lower tier
participant knowingly rendered an erroneous
certification, in addition to other remedies available
to the Federal Government, the department or
. agency with which this transaction originated may
pursue available remedies, including suspension
and/or debarment.
3. The prospective lower tier participant shall provide
inunediate written notice to the person to which this
contract is submitted if at any time ~e prospective
lower tier participant learns that its certification was
erroneous when submitted or has become erroneous
by reason of changed circumstances.
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TGM Grant Agreement No. 19786
TGM File Code 2Q-Ol
EA # TGM5GTl2
4. The terms "covered transaction", "debarred",
"suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary
covered transaction", "principal", "proposal", and
"voluntarily excluded", as used in this clause, have
the meanings set out in the Definitions and
Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which
this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by
submitting this contract that, should the proposed
covered transaction be entered into, it shall not
knowingly enter into any lower tier covered
transaction with a person who is debarred,
suspended, declared ineligible or voluntarily
excluded from participation in this covered
transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees
by submitting this contract that it will include this
clause titled, "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion--Lower Tier Covered Transaction",
without modification, in all lower tier covered
transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely
upon a certification of a prospective participant in a
lower tier covered transaction that it is not
debarred, suspended, ineligible or voluntarily
excluded from the covered transaction. unless it
knows that the certification is erroneous. A
participant may decide the method and frequency
by which it determines the eligibility of its
principals. Each participant may, but is not
required to, check the nonprocurement list.
8. Nothing contained in the foregoing shall be
construed to require establishment of a system of
records to render in good faith the certification
required by this clause. The knowledge and
information of a participant is not required to
exceed'that which is normally possessed by a
prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph
5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier
covered transaction with a person who is
,_>"~~"......~_.__.__~..__.....--..,",~,_.'M'"'W'~~""_______"'~__"'---W-~__"'~_'_._.~_...'__
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suspended, debarred, ineligible or voluntarily
excluded from participation in this transaction, in
addition to other remedies available to the Federal
Government, the department or agency with which
this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion-Lower Tier
Covered Transactions
a. The prospective lower tier participant certifies,
by submission of this proposal, that neither it
nor its principals is presently debarred,
suspended, proposed for debarment, declared
ineligible or voluntarily excluded from
participation in this transaction by any Federal
department or agency.
b. Where the prospective lower tier participant is
unable to certify to any of the statements in this
certification, such prospective participant shall
attach an explanation to this proposal.
IV. EMPLOYMENT
1. Contractor warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for Contractor, to
solicit or secure this contract and that he has not
paid or agreed to pay any company or person, other
than a bona fide employee working solely for
Contractors, any fee, commission, percentage,
brokerage fee, gifts or any other consideration
contingent upon or resulting from the award or
making of this contract. For breach or violation of
this warranting, Department shall have the right to
annul this contract without liability or in its
discretion to deduct from the contract price or
consideration or otherwise recover, the full amount
of such fee, commission, percentage, brokerage fee,
gift or contingent fee.
2. Contractor shall not engage, on a full or part-time
basis or other basis, during the period of the
contract, any professional or technical personnel
who are or have been at any time during the period
of this contract, in the employ of Department,
except regularly retired employees, without written
consent of the public employer of such person.
3. Contractor agrees to perform consulting services
with that standard of care, skill and diligence
normally provided by a professional in the
performance of such consulting services on work
similar to that hereunder. Department s~l be
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TGM Grant Agreement No. 19786
TGM File Code 2Q-0 1
EA # TGM5GTl2
entitled to rely on the accuracy, competence, and
completeness of Contractor's services.
V. NONDISCRIMINATION
During the performance of this contract, Contractor, for
himself, his assignees and successors in interest,
hereinafter referred to as Contractor, agrees as follows:
1. Compliance with Regulations. Contractor agrees to
comply with Title VI of the Civil Rights Act of
1964, and Section 162(a) of the Federal-Aid
Highway Act of 1973 and the Civil Rights
Restoration Act of 1987. Contractor shall comply
with the regulations of the Department of
Transportation relative to nondiscrimination in
Federally assisted programs of the Department of
Transportation, Title 49, Code of Federal
Regulations, Part 21, as they may be amended from
time to time (hereinafter referred to as the
Regulations), which are incorporated by reference
and made a part of this contract. Contractor, with
regard to the work performed after award and prior
to completion of the contract work, shall not
discriminate on grounds of race, creed, color, sex or
national origin in the selection and retention of
subcontractors, including procurement of materials
and leases of equipment. Contractor shall not
participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the
Regulations, including employment practices, when
the contract covers a program set forth in
Appendix B of the Regulations.
2. Solicitation for Subcontractors, including
Procurement of Materials and Equipment. In all
solicitations, either by competitive bidding or
negotiations made by Contractor for work to be
performed under a subcontract, including
procurement of materials and equipment, each
potential subcontractor or supplier shall be notified
by Contractor of Contractor's obligations under this
contract and regulations relative to
nondiscrimination on the grounds of race, creed,
color, sex or national origin.
3. Nondiscrimination in Employment (Title VII of the
1964 Civil Rights Act). During the performance of
this contract, Contractor agrees as follows:
a. Contractor will not discriminate against any
employee or applicant for employment because
of race, creed, color, sex or national origin.
Contractor will take affmnative action to
ensure that applicants are employed, and that
employees are treated during employment,
ATTACHMENT A
page...35... of 3"
without regard to their race, creed, color, sex or
national origin. Such action shall include, but
not be limited to the following: employment,
upgrading, demotion or transfer; recruibnent or
recruibnent advertising; layoff or termination;
rates of payor other forms of compensation;
and selection for training, including
apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and
applicants for employment, notice setting forth
the provisions of this nondiscrimination clause.
b. Contractor will, in all solicitations or
advertisements for employees placed by or on
behalf of Contractor, stat~ that all qualified
applicants will receive consideration for
employment without regard to race, creed,
color, sex or national origin.
4. Information and Reports. Contractor will provide
all information and reports required by the
Regulations or orders and instructions issued
pursuant thereto, and will permit access to his
books, records, accounts, other sources of
information, and his facilities as may be determined
by Department or FHW A as appropriate, and shall
set forth what efforts he has made to obtain the
information.
5. Sanctions for Noncompliance. In the event of
Contractor's noncompliance with the
nondiscrimination provisions of the contract,
Department shall impose such agreement sanctions
as it or the FHW A may determine to be
appropriate, including, but not limited to:
a. Withholding of payments to Contractor under
the agreement until Contractor complies; and/or
b. Cancellation, termination or suspension of the
agreement in whole or in part.
6. Incorporation of Provisions. Contractor will
include the provisions of paragraphs I through 6 of
this section in every subcontract. including
procurement of materials and leases of equipment,
unless exempt from Regulations, orders or
instructions issued pursuant thereto. Contractor
shall take such action with respect to any
subcontractor or procurement as Department or
FHW A may direct as a means of enforcing such
provisions, including sanctions for noncompliance;
provided, however, that in the event Contractor
becomes involved in or is threatened with litigation
with a subcontractor or supplier as a result of such
Rev. 5/1012000 AGR.FEDCERT
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TGM File Code 2Q-O 1
EA # TGM5GTl2
direction, Department may, at its option, enter into such
litigation to protect the interests of Department, and, in
addition, Contractor may request Department to enter
into such litigation to protect the interests of the State of
Oregon.
VI. DISADVANTAGED BUSINESS
ENTERPRISE (DBE) POLICY
In accordance with Title 49, Code of Federal
Regulations, Part 26, Contractor shall agree to abide by
and take all necessary and reasonable steps to comply
with the following statement:
DBE POLICY STATEMENT
DBE Policy. It is the policy of the United States
Department of Transportation (USDOl) to practice
nondiscrimination on the basis of race, color, sex
and/or national origin in the award and administration
of US DOT assist contracts, Consequently, the DBE
requirements of 49 CFR 26 apply to this contract.
Required Statement For USDOT Financial
Assistance Agreement. If as a condition of assistance
the Agency has submitted and the US Department of
Transportation has approved a Disadvantaged Business
Enterprise Affmnative Action Program which the
Agency agrees to carry out, this affirmative action
program is incorporated into the financial assistance
agreement by reference.
DBE Obligations. The Oregon Department of
Transportation (ODOl) and its contractor agree to
ensure that Disadvantaged Business Enterprises as
defmed in 49 CPR 26 have the opportunity to
participate in the performance of contracts and
subcontracts fmanced in whole or in part with Federal
funds. In this regard, Contractor shall take all
necessary and reasonable steps in accordance with
49 CFR 26 to ensure that Disadvantaged Business
Enterprises have the opportunity to compete for and
perform contracts. Neither ODOT nor its contractors
shall discriminate on the basis of race, color, national
origin or sex in the award and performance of
federally-assisted contracts. The contractor shall carry
out applicable requirements of 49 CPR Part 26 in the
award and administration of such contracts. Failure by
the contractor to carry out these requirements is a
material breach of this contract. which may result in
the termination of this contract or such other remedy as
ODOT deems appropriate.
The DBE Policy Statement and Obligations shall be
included in all subcontracts entered into under this
contract.
ATTACHMENT A
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Records and Reports. Contractor shall provide
monthly documentation to Department that it is
subcontracting with or purchasing materials from the
DBEs identified to meet contract goals. Contractor
shall notify Department and obtain its written approval
before replacing a DBE or making any change in the
DBE participation listed. If a DBE is unable to fulfill
the original obligation to the contract, Contractor must
demonstrate to Department the Affirmative Action
steps taken to replace the DBE with another DBE.
Failure to do so will result in withholding payment on
those items. The monthly documentation will not be
required after the DBE goal commitment is satisfactory
to Department.
Any DBE participation attained after the DBE goal has
been satisfied should be reported to the Departments.
DBE Definition. Only finns DBE certified
by the State of Oregon, Department of Consumer &
Business Services, Office of Minority, Women &
Emerging Small Business, may be utilized to satisfy
this obligation.
CONTRACTOR'S DBE CONTRACT GOAL
DBE GOAL
o
%
By signing this contract, Contractor assures that good
faith efforts have been made to meet the goal for the
DBE participation specified in the Request for
Proposal/Qualification for this project as required by
ORS 200.045, and 49 CFR 26.53 and 49 CFR, Part 26,
Appendix A.
VII. LOBBYING
The Contractor certifies, by signing this agreement to
the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or
will be paid, by oron behalf of the undersigned, to
any person for influencing or attempting to
Rev. 5/1012000 AOR.FEDCERT
- 36-
influence an officer or employee of any Federal
agency, a Member of Congress, an officer or
employee of Congress or an employee of a Member
of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of
any cooperative agreement, and the extension,
continuation, renewal, amendment or modification
of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer or
employee of any Federal agency, a Member of
Congress, an officer or employee of Congress or an
employee of a Member of Congress in connection
with this agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying", in accordance with its
instructions.
This certification is a material representation of fact
upon which reliance was placed when this transaction
was made or entered into. Submission of this
certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31,
U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each
such failure,
The Contractor also agrees by signing this agreement
that he or she shall require that the language of this
certification be included in all lower tier
subagreements, which exceed $100,000 and that all
such subrecipients shall certifY and disclose
accordingly.
FOR INQUIRY CONCERNING ODOT'S
DBE PROGRAM REQUIREMENT
CONTACT OFFICE OF CIVIL RIGHTS
AT (503)986-4354.