Res 1259 - Grant Agrmt 12829
COUNCIL BILL NO. 1581
RESOLUTION NO. 1259
A RESOLUTION ENTERING INTO TGM ISTEA GRANT AGREEMENT 12829 WITH THE
STATE OF OREGON TO RECEIVE $35,000 FOR A PROJECT TO COMPLETE A
TRANSPORTATION SYSTEM PLAN FOR THE CITY OF WOODBURN AND
AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT.
WHEREAS, ORS 190.110 and 283.110 authorize the State to enter into
agreements with a city for performance of a project, and
WHEREAS, The State offered grants under the Transportation and Growth
Management (TGM) program financed by federal Intermodal Surface Transportation
Efficiency Act (lSTEAl and lottery funds, and
WHEREAS, The City applied for and received approval for $35,000 in TGM
grant funds to assist in completion of a transportation system plan for the city, and
WHEREAS, It is in the best interest of the City to enter into an agreement to
receive funds to assist in completion of a transportation system plan, NOW
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into TGM ISTEA Grant Agreement
12829 which is attached as Exhibit" A" and by this reference incorporated herein with
the State of Oregon to receive $35,000 for a project to complete a transportation
system plan.
Section 2. That the Mayor is authorized to sign said agreement on behalf of
the City of Woodburn.
Approved as to form:~~
City Attorney
APPROVED: ~ If...~
Len Kelley, Mayor
D/j6/C}1-
Dale
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COUNCIL BILL NO. 1581
RESOLUTION NO. 1259
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of ~ Record;r
ATTEST: 11/~~
Mary TerMant. City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 1581
RESOLUTION NO. 1259
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August 22, 1994
August 23, 1994
August 23, 1994
Auqust 23, 1994
TGM ISTEA Grant
Agreement 12829
TGM No. 2Y
INTERGOVERNMENTAL AGREEMENT
City of Woodburn, 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";
and City of Woodburn, hereinafter referred to as "Grantee".
RECITALS
1. The 1993 session of the Oregon Legislative Assembly approved a joint ODOT and
Oregon Department of Land Conservation and Development (DLeD) program called
the "Urban MobilitylUrban Growth Management Program," now called the "ODOT/
DLCD Transportation and Growth Management Program," hereinafter referred to as
the "TGM Program. "
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 to achieve compact pedestrian,
bicycle, and transit friendly urban development.
3. The Transportation and Growth Management Program is financed by federal
Intermodal Surface Transportation Efficiency Act (ISTEA), Oregon Lottery and local
government funds.
4. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into
agreements with units of local government or other state agencies for the performance
of any or all functions and activities that a party to the agreement, its officers, or agents
have the authority to perform. Grantee is legally able to enter into this agreement
5. Definitions:
a. The contract amount is the maximum amount that may be reimbursed to
Grantee.and is limited to $0 for the TGM Program grant project described in
Exhibit A, attached hereto and which by this reference is made a part hereof;
b. The personal services amount is limited to $35,000 for work described in
Exhibit A;
c. Grantee matching cost is 15 % of the total cost of the project described in
Exhibit A; ,
d. The total cost of the project is limited to the sum of qualified costs, including
matching costs, incurred by the Grantee for this project plus qualified costs
incurred by any consultant(s) engaged by ODOT for this project.
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TOM Agreement No. 2Y/12829
e. Qualified costs are direct project costs incurred between the beginning and
ending date of this contract. Councils of government that have federally
approved indirect cost plans may charge indirect costs.
f. Direct project costs are items such as, but not limited to, salary and benefits of
personnel assigned to the project and supplies, postage, travel and printing
directly associated with the project. General administrative costs and overhead
are not direct project costs.
6. The beginning date of this agreement is that date on which all parties have signed. The
ending date is June 30, 1995.
The parties agree as follows:
GRANTEE OBLIGATIONS
1. Grantee shalI perform the work and provide the products described in Exhibit A.
2. Grantee shall present monthly cost reports and reimbursement requests for its qualified
costs to ODOT's grant manager. Grantee shall not submit requests for reimbursement that
exceed the contract amount. GeneralIy accepted accounting principles and definitions of
ORS 294.311 shall be applied, to clearly document verifiable costs that are incurred.
3. Grantee shall submit with each reimbursement claim for project costs a report of work
completed.
4. To assist the Oregon Legislature with understanding the Transportation and Growth
Management Program, Grantee shalI submit to ODOT's Grant Manager by March 15,
1995, a brief summary of the project, its current status, any products completed by that
time, and a description of expected products.
5. Grantee agrees to cooperate with ODOT grant manager. At the request of the grant
manager, Grantee agrees to:
a. Meet with the Grant Manager; and,
b. Form a Pjoject steering committee, that includes the Grant Manager, to oversee
the project.
6. Grantee agrees to keep cost records pertaining to the work covered by this agreement
available for inspection by representatives of ODOT for a period of three (3) years
folIowing date of final reimbursement. Grantee shalI give copies of such records to
ODOT, when requested.
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TOM Agreement No. 2Y/12829
7. Grantee shall not enter into any subcontracts to accomplish work described in Exhibit A,
except when written approval is fIrst obtained from ODOT.
8. If ODOT engages a personal services contractor to accomplish work described in
Exhibit A.
a. Grantee shall select personal services contractor(s) in accord with the procedures
established by ODOT, and advise ODOT of Grantee's recommendation;
b. Grantee shaIl provide ODOT's Grant Manager with an opportunity to participate
in the personal services contractor selection and to review and approve personal
services contractor's work, billings and progress reports; and,
c. Grantee shaIl provide a project manager who .shall:
i. Be the Grantee's principal contact person for the ODOT grant manager and the
personal services contractor;
ii. Monitor and coordinate the work of the personal services contractor;
iii. Review billings and progress reports submitted by the contractor; and
iv. Advise ODOT's grant manager regarding payments to the personal services
contractor.
9. Grantee shall not be compensated for work performed under this agreement from any other
agency of the State of Oregon or the federal government.
10. Grantee shall be responsible for nonqualifying costs associated with the work described in
Exhibit A.
11. Grantee may copyright materials developed under this contract. ODOT reserves a royalty-
free, non exclusive, and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use, the work for governmental purposes.
12. Grantee shall ensure that products produced under this grant include the following
statement:
This project is partially funded by a grant from the Transportation and
Growth Management (TGM) Program, a Joint Program of the Oregon
Department of Transportation and the Oregon Department of Land
< ,
Conservation and Development. TGM grants rely on federal Jntermodal
Surface Transportation Efficiency Act and Oregon Lottery funds.
The contents of this document do not necessarily reflect views or policies of
the state of Oregon.
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TOM Agreement No. 2Y/12829
13. Grantee shall submit to the Grant Manager four copies of all fInal products produced in
accord with this agreement, unless otherwise specified in Exhibit A.
14. Grantee shall submit all reimbursement claims within 60 days after the agreement ending
date.
15. Within 60 days after the agreement ending date, Grantee shall provide, on forms provided
by ODOT, a completion report, including:
a. Costs directly incurred for the project;
b. Matching costs, if any;
c. The intended location of records (which may.be subject to audit); and,
d. Description of work completed.
16. Within 60 days after the agreement ending date, Grantee will pay to ODOT 15 % of the
total cost of the project, less reported qualifying matching cost.
17. Employers will be liable for all pension and employe welfare costs, applicable taxes and
withholdings, plus all other amounts and will be subject to state laws (ORS 279.312,
279.314, 279.320 and 279.555).
18. All employes and employers, hereunder, are subject to civil rights laws, including Title II
of the Americans with Disabilities Act (PL No. 101-366) and ORS 659.425.
19. Grantee, 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.
20. Grantee agrees to comply with applicable federal, state, and local laws and ordinances.
ODOT OBLIGATIONS
1. ODOT shall reimburse Grantee for qualified costs described in Exhibit A., up to the
contract amount.
2. ODOT shall fiffiit reimbursement of travel claims in accordance with current State of
Oregon Management/Executive Service rates and shall not approve requests above the
maximum amount of $57.00 in a 24-hour period in which lodging expense is incurred.
ODOT will reimburse mileage at a maximum of $0.22 per mile.
3. ODOT certifies that funds are authorized for expenditure to fInance costs of ODOT's
portion of this agreement'within appropriation or limitation of current biennial budget.
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4. ODOT will provide Grantee a list of personal services contractors that have submitted
statements of qualification that meet the minimum requirements of the Request for
Qualifications: Transponation and Growth Management Services, March 1994.
5. If ODOT engages a personal services contractor to perform work described in Exhibit A, it
agrees to pay personal service contractor, up to the personal services amount.
6. ODOT will assign a grant manager for this agreement. The Grant Manager shaIl be
ODOT's principal contact person regarding administration of this agreement.
7. If ODOT engages a personal service contractor to complete work shown in Exhibit A,
the Grant Manager shall:
a. At his/her discretion, participate in selection of a personal services
contractor, monitor personal services contractor's work and review and
correct personal services contractor billings and progress reports;
b. Prepare a contract and supporting exhibits on forms provided by ODOT.
GENERAL PROVISIONS
1. Minor adjustments may be made to the work program specified in Exhibit A with the
written consent of the Grant Manager. A minor adjustment is one that does not materiaIly
alter the objectives or products of the grant project. Budget modifications and major
adjustments in the work program must be processed as an amendment to the agreement.
2. The parties hereto agree that if any term or provision of this agreement is declared by a
court of competent jurisdiction to be invalid, unenforceable, illegal, or in conflict with
any law, the validity of the remaining terms and provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the agreement
did not contain the particular term or provision held to be invalid.
3. This agreement may be terminated by mutual consent of both parties, or by either party
upon 30 days' notice, in writing and delivered by certified mail or in person. ODOT may
terminate this agreement effective upon delivery of written notice to Grantee, or at such
later date as)nay be established by ODOT, under any of the following conditions, but not
limited to these conditions.
a. If Grantee fails to provide services called for by this agreement within the time
specified herein including extensions.
b. If Grantee fails to perform any of the other provisions of this agreement, or so fails to
pursue the work as to endanger performance of this agreement in accordance with its
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TOM Agreement No. 2Y/12829
terms, and after receipt of written notice from ODOT fails to correct such failures
within 10 days or such longer period as ODOT may authorize.
4. ODOT, the Secretary of State's Office of the State of Oregon, the federal government,
and their duly authorized representatives shall have access to the books, documents,
papers, and records of the Grantee which are directly pertinent to the specific grant for
the purpose of making audit, examination, excerpts, and transcripts for a period of three
(3) years after fInal reimbursement. Copies of applicable records shall be made available
upon request. ODOT will reimburse the cost of copies.
5. As federal funds are involved in this grant, EXHIBITS Band C, attached hereto and by
this reference made a part of this agreement, require additional certification and signature
by Grantee.
6. AU agreement provisions were approved as to legal sufficiency on June 21, 1994 by
Dale K Hormann, Assistant Attorney General.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of
the day and year hereinafter written.
The Oregon Transportation Commission approved the Transportation and Growth Management
Program (Urban Mobility/Urban Growth Management Program) and authorized the Manager of
the Transportation Development Branch to sign this agreement on October 20, 1993.
GRANTEE
City of Woodburn
ODOT
STATE OF OREGON, by and through its
Oregon Department of Transportation,
Transportation Development Branch
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By
Michal Wert, Manager
Len Kelley
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Official's Printed Name
Date
August 23, 1994
Date
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EXHIBIT A
PROJECT INFORMATION
PROJECT AND OBJECTIVES:
The product to be produced by this project will be a City of Woodburn Transportation
System Plan (TSP) that complies with Statewide Planning Goal12 (transportation) and
OAR Chapter 660, Division 12, the Transportation Planning Rule (TPRI which
implements this planning goal and all enabling ordinances to implement the TSP.
The current transportation plan for the City was completed in 1985. It provides good
basic goals that this project will expand into a document that complies with the
Transportation Planning Rule (OAR Chapter 660, Division 12).
Local system planning will be one of the most important activities of the project. The
city is split into three section s by the interstate highway and railroad which. basically
run north-south. This situation presents some unique problems in delfling with
efficient movement of people throughout the city. There are also portions of 4 state
controlled highways that are within the city. Numerous city streets turn into Marion
County roadways at the city limits. For these reasons representatives of both the
state and county are part of the transportation task force which is charged with
developing a TSP for the city. The city is evaluating and incorporating all
transportation modes as integral parts of its TSP effort.
An efficient street network incorporating all functional classifications is an objective
for the automobile mode. The City has a programmed and developed QRS II synthetic
trip contains very good data and presents a unique opportunity for a community of
this size to enhance efficient formulation of a street network and evaluate alternate
land uses. The City will incorporate an arterial access management plan and access
control measures in the completed plan. Guidelines will be developed for a minimum
traffic impacts wh.ich will require a traffic impact analysis. The City will develop
standards for content of the impact analysis. The City will develop standards for
content of the impact analysis. The standards will contain a requirement that transit,
pedestrian, and bicycle operations be a part of the analysis. Street design standards
will be reviewed and updated as required to insure that favorable environments for
bicycles and pedestrians are incorporated.
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The TSP has the objective of creating bicycle and pedestrian friendly facilities. The
plans goals and objectives will be strongly oriented to providing developments that
consider bike pedestrian utilizations as critical elements. As existing facilities are
modernized bike pedestrian utilization will be a major planning consideration. A
comprehensive bike pedestrian plan will be a primary component of the TSP.
The City of Woodburn is also unique in that it has a'n established public transit service
that has served the city since 1978. A public transportation plan will be another key
element of the TSP. The plan will look at options for increasing the level of service
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to further reduce dependence on the automobile as the primary transportation
alternative. As part of the plan transit supportive uses and increased densities along
transit routes will be emphasized where appropriate. The needs for providing
connecting service to Salem Area Transit and Tri-Met routes will also be evaluated.
Since the city is located along potential high speed rail routes access to the public
transportation opportunity will also be studied,
The Interstate 5 interchange with State Highways 214 and 219 is a critical issue that
already has undergone significant study. There is a completed study which looks at
this area in detail. The completed 1-5 interchange area study will be incorporated into
formulation of the city wide TSP.
An objective of the city's TSP that will run through all of the objectives listed above
will be that transportation alternatives selected will minimize adverse economic, social,
environmental and energy consequences. The alternatives will also be planned to
facilitate connections between modes of transportation. The alternatives w~1I also be
chosen that assist in the goal of avoiding principal reliance on anyon.l'mode of
transportation.
The transportation system improvements formulated will require significant financial
resources to implement. Another integral objective, therefore, will be the
establishment of a financing program with sources adequate to fund the required
improvements.
There is no disagreement with the statement that the City of Woodburn has
demonstrated local transportation needs addressed in the TPR. The city also has
some unique resources for our size such as the QRS II model and a public transit
system, that have the potential to lead to a model TSP. This project will address the
resolution of those acknowledged needs through the development of a comprehensive
Transportation System Plan and passage by City Council of any required enabling
ordinances.
There are nearly 9 miles of state highways within the city's UGB. Land use and
transportation alternatives along these rnajor arterial connections will be a focus of the
completed plan. Efficient utilization of state controlled roadways is critical to the city
as the infill of the urban growth boundary continues. The TSP will provide the
direction whiclfwill allow for the coordination between the state and city required to
meet this vital goal of the plan.
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SCOPE OF WORK OVERVIEW:
Over the last three years the City of Woodburn has realized unprecedented
growth. Its building activity has been diversified with over $16,000,000 in
building valuation occurring in just the last six months. This has a substantial
impact on a community that is purported to have a population base of 14,055
people.
It was in December of 1992 that a transportation task force was formed to
address the requirements of the transportation rule. Within that period the
following work has been accomplished.
Draft transportation goals 'and policies
A draft capital improvement program of the 1-5
interchange area
Draft funding alternatives to finance transportation projects. Two
of which have already been implemented Le a utility pr~i1ege tax
and traffic impact fees (SDC's)
Alternative design analysis of the 1-5 Interchange
Land use, population and employment data gathering for use in
the ODOT QRS II trip distribution model.
Although the city has made measurable progress in its attempt to bring the
draft transportation plan to fruition several objectives have yet to be
accomplished. The city will require the services of a consulting firm to assist
in the goal of an adopted comprehensive transportation plan.
The major elements of the completed TSP will be:
1 l A determination of transportation needs.
2) A road plan for a network of arterials and collectors.
3) A public transportation plan.
4) A bicycle and pedestrian plan for a network of bicycle and pedestrian
routes throughout the planning area.
5) An air, rail, water and pipeline transportation plan.
6) A plan for transportation system management and demand management.
7) Folicies and land use regulations for implementing the TSP.
8) A transportation financing program.
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SCOPE OF WORK
A. Public Involvement Program
Citv of Woodburn
Attendance at all committee meetings, workshops, and hearings.
Develop and maintain an interested parties mailing list.
Take, process, and distribute all meeting notes and agendas.
Serve as media liaison
Consultant Succort
Provide appropriate support staffing at a maximum of 10 committee
meetings, presentations to interested parties, workshops, and hearings.
Prepare, technical and presentation materials needed to support public
meetings and provide City with materials to publicize the stu,* process
through the media.
B. Existing Plan Review/Goal Setting
Citv of Woodburn
'Provide all relevant comprehensive and project plans for Consultant
review.
The City Council has established a Transportation Task Force Committee
comprised of representatives of the City of Woodburn, Marion County,
and State of Oregon (ODOT).
This Transportation Task Force Committee participates in plan review.
The Transportation Task Force Committee provides assistance in
assessment of issues relevant to federal/state/local requirements or
expectations.
Consultant Succort
Assemble and review plans provided by public staff and provide an initial
assessment of issues which are relevant to federal/state/local
requirements or expectations.
Work with the Transportation Task Force Committee to carry out the
goal of completing the City's Transportation Plan.
C. Data Development
Citv of Woodburn
Provide consultant with developed QRS II Trip Distribution model for the
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city.
Presently the city has established transportation analysis zones for
modeling.
Provide existing and forecast population and employment data to the
Consultant.
Provide land use and zoning plans an maps of the study area.
Provide all useful existing traffic count information.
Provide any other existing information that may be useful to the
Consultant's effort (historic funding mechanisms, budgets and policies,
etc.)
Provide necessary traffic counts to calibrate trip distribution model (if
necessary).
Consultant SUDDort
Take lead role in updating transportation analysis zone system (if
necessaryl. "
Take lead role in reviewing existing Comprehensive Plan and Land Use
Subdivision ordinances for compliance with Oregon Transportation
Planning Rule (OAR Chapter 660, Division 12).
Assemble physical data needed to supplement existing trip distribution
model of the Woodburn study area and analyze existing and future
motorized vehicular travel (including trucking).
Determine the need for traffic counts for model re-calibration using
existing counts when possible and coordinating with city on obtaining
counts.
Collect information relating to non-automotive travel modes serving the
study area, rail, air, pipeline, transit, bicycle and pedestrian facilities.
Develop base data needed for creation or refinement of facility
management strategies on state maintained highway corridors.
Assemble educational and background materials on issues and
methodologies which can be sued to (1) access existing problems and
analyze improvement alternative and (2) conduct educational outreach
with public officials and other interested parties.
Analyze existing bike and pedestrian facilities and identify community
wide need in these areas.
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D. Travel Demand Model Development/Refinement
Citv of Woodburn
Review and approve the assumptions used in updating and refining the
modeling process and assist the Consultant with local knowledge that
will be helpful in model evaluation. . .
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Consultant SUDDort
Update the existing ODOT QRS II calibrated gravity model of the study
area for the study base year, base plus 10, and base plus 20 conditions
as a tool to analyze potential transportation problems, and develop
appropriate alternatives.
E. Assess Existing and Future Transportation System Deficiencies
Citv of Woodburn
Assist Consultant in reviewing output from the model and other
analytical tools and defining transportation system deficiencies.
Consultant SUDDort
Using the computer model and other appropriate methods for ~ssessing
travel modes that cannot be addressed with the model, provide an
assessment of potential transportation system deficiencies at each study
mileposts including pedestrian, bicycle, railway, transit. and air
transportation, roadway/automotive/trucking.
F. Develop Existing and Future Alternative Improvement Strategies
City of Woodburn
Assist Consultant in developing a full range of multi-modal alternative
improvements strategies (to include previous Highway 214/1-5
interchange study and findings).
Consultant SUDDort
Develop alternative strategies for improving the road system to meet
circulation needs within the city including recommendations for new
facilities (to include previous Highway 214/1-5 interchange study and
findings and State agency responses).
!;levelop Transportation Demand Management (TDM) and System
Management (TSMl strategies that may be useful and appropriate for the
study area.
Prepare bike and pedestrian plan element that complies with the
transportation planning rule including alternative strategies to improve
bike and pedestrian circulation.
Determine the feasibility of implementing enhanced forms of public
transit service (fixed route and/or demand response)
Provide recommendations for better integrating existing special service
transportation activities with other travel modes.
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Provide strategies for enhancing the role of rail transportation and
recornmendations for better integrating these modes with other travel
modes.
Evaluate the long-range transportation implications of acknowledged land
use patterns.
G. Develop Facility Management Strategies
Citv of Woodburn
Assist Consultant in formulating strategies to manage state and high-
activity local travel corridors. These high activity roadways include state
higheways 211, 214 and 219, and identify minor arterials. Incorporate
findings/recommendations of ODOrs Transportation Plan.
Consultant SUDDort
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Within the context of efficient total system operation consistent with
ODOrs Transportation Plan by: develop strategies to manage facility
specific operations of state and high-activity local travel corridors
focusing on driveway and intersection spacing and design location; safe
and efficient bicycle and pedestrian travel; channelization of movement;
signal timing, signing, an other traffic control measures; improved local
circulation to enhance movement on the primary corridor; possible
widening or capacity enhancements; and any other technique that helps
to preserve investment and efficiency.
H. Alternative Review/Develop Preferred Alternatives
Citv of Woodburn
Assist Consultant in developing comparative evaluation criteria.
Assist Consultant in evaluating alternatives developed for their
effectiveness and compatibility with community and study goals.
Provide guidance to Consultant in initial development of preferred
alternative improvements and management strategies.
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Consultant SUODOrt
Develop comparative evaluation criteria to aid in reviewing the relative
merit of the various modal alternatives and management strategies.
Using evaluation criteria, assess all alternatives for their effectiveness
and compatibility with community and study goals and compliance with
the Transportation Planning Rule.
Develop a package of preferred transportation system improvement
alternatives for each transportation mode within the existing Urban
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Growth BoundClry C1nd without the use of goal exception process.
I. Assemble Draft Study/Ordinances
City of Woodburn
Review drClft transportation system study and provide feedback to
Consultant
Assist ConsUltant In preparation and review of ordinances and
comprehensive plan amendments to support various elements of the
draft study.
Consultant SUDDDrt
Develop a draft transportation system study based on the alternatives
initially selected and the requirements of the guiding federal, state. and
local policies, guidelines, and regulations.
Prepare recommended language for ordinances and comprehensive plan
amendments to support various elements of the draft study and to
compiy with requirements of the Transportation Planning Rule.
J. Analyze Financial Implications of Preferred Alternatives
City of WOl'idburn
Provide ConSUltant all available Information about local funding for
transportation system construction, operation, and maintenance.
Review Consultant's estimations of the financIal Implications of the
preferred alternative Improvement strategies.
Consultant Suooort
Provide cost estimates to describe the financial Implications of the
preferred alternative strategy Including estimated costs for all modal
enhancementll Including separate sidewalk, bikeway and access way
projects if appropriate (The City, as part of the completed Interchange
study, has developed a capital Improvement plan for this area).
Research potential existing financial resources available to fund preferred
-Strategies,
Strategies to include, but not be limited to modified local gaSOline tax,
county-wide gasoline tax, state gasoline tax, and system development
charge (SDCt.
Describe the financial implications of potential juriSdictional transfers of
transportation facilitIes.
K. Review and Refine Draft Study/Prioritize Improllement Strategies
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Citv of Woodburn
Assist Consultant in reviewing and modifying, if necessary, the draft
transportation system study in light of the financial analysis.
Provide guidance to the Consultant in refining a prioritized Transportation
Capital Improvement Program to implement the financially constrained
version of the transportation system study.
Consultant SUDDort
Review and modify, if necessary, the draft transportation system study
in light of the financial analysis.
Provide recommendations to the Transportation Task Force Committee
about developing a prioritized Capital Improvement Program to implement
the financially constrained version of the transportation system study.
L.
Create Final Transportation System Study
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A draft of the final Transportation System Plan to be completed by
February 28, 1995, assuming that the study begins August 1, 1994
(Consultant will provide 50 copies of the completed plan and all of its
appendices).
It is anticipated the final hearing for adoption of the Transportation Plan
and Implementing Ordinances would take place between March 1, 1995
and May 30, 1995.
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EXHIBIT B
CERTIFICATION OF CONSULTANT (GRANTEE)
I hereby certifY that I, Len Kelley (name), am
the duly authorized representative of the firm of City of Wood bum whose address is 270 Montgomery
St, Woodbum, Oregon 97071, and that neither I nor the above firm (Grantee) has:
(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.
I acknowledge that this certificate is to be furnished to the Federal Highway Administration, and is
subject to applicable State and FederallaWS~' bo riminal and civil.
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DATE SIGNA
CERTIFICATION OF AGENCY (ODOT) OFFICIAL
I hereby certifY that I am the Agency Official of the state of Oregon, and that the above consulting firm
or his 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 firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation,
or consideration of any kind.
I acknowledge 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.
DATE
SIGNATURE, Manager TDB Branch
Rev, 03/22/94
~'
~..._-, ."-----_...,---~.~.._--------
2Y/12829
EXlDBIT C
Federal Provisions
Oregon Department of Transportation
I. CERTlFlCA TlON OF NONINVOLVEMENT IN ANY
DEBARMENT AND SUSPENSION
As a supplement to this proposal, the Contractor on this project shall complete the following certification
with regard to current involvement in any debannents, suspensions, indictments, con?ictions, and civil
judgment indicating a lack of business integrity.
(Name and Title of Authorized Representative of Contractor)
~,K~
(S. ature)
being duly sworn and under penalty of petjwy under the laws of the State of Oregon, certifies that, except as
noted below,
City of Woodburn
(Name of Finn)
certifies to the best of its knowledge and beliefthaL it and its principals:
I. Are not presently debaITed, suspended,
proposed for debannent, declared ineligible,
or voluntarily excluded from covered
transactions by any Federal department or
agency;
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 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;
3. Are not presently indicted for or otherwise
criminally or civilly charged by a
governmental entity (federal, state or
.
. -"'T"'''''-''
local) with comnusslOn of any of the
offenses enwnerated in paragraph (I )(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.
-"~"""-'-"'_H~"'._'-'-'t-I"
~ .' <__'_'."""_'''>_''.~''''''''''--_~_~~~m.~_'
EXCEPTIONS:
Exceptions will not necessarily result in denial of
award, but will be considered in determining
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
r
2Y/12829
'-"
RESPONSIBILITY MA TTERS--PRlMAR Y
COVERED TRANSACTIONS
I. 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 m
connection with the Oregon Department of
2
"""'-"""'-~""-'---->-'---T
-'-~"-"'-"~<~'._,.-......
Transportation determination to enter into
this transaction. Failure to furnish an
explanation shaH 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
detennined to enter into this transaction. If
it is later detennined that the Contractor
knowingly rendered an erroneous
certification, in addition to other remedies
available to the Federal Government or the
Department may tenninate this transaction
for cause of default.
4, The Contractor shall provide immediate
written notice 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'" Ilprimary covered
trans-action", "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) 378-6563) 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
,........
2YI12829
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 FHWA-1273 titled,
"Appendix B--Certification Regarding
Debarment, Suspension, Ineligibility and
Voluntary Exclusion--UZ'>,.er 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 m 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.
9. Nothing contained in the foregoing shall be
construed to required 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 m a covered transaction
knowingly enters into a lower tier covered
3
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
may terminate this transaction for cause or
default
III. ADDENDUM TO FORM FHWA-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
I. 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 immediate written notice to the
person to which this contract is submitted if
at any time the prospective lower tier
participant learns that its certification was
...
2YI12829
erroneous when submitted or has become
erroneous by reason of changed
circwnstances.
4. The terms "covered transaction",
"debarred", "suspended", llineligible",
1l1ower tier covered transaction II,
"participant", "personll, "primary covered.
trans-actionll, "principaltl, "proposalll, 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 agreed by submitting this contract
that it will include this clause titled,
"Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
ExclusionuLower 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,
4
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 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
Exdusion--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.
.'
''''T-
2Y/12829
b. Where the prospective lower tier
participant is unable to certity to any of
the statements in this certification, such
prospective participant shall attach an
explanation to this proposal.
N. EMPLOYMENT
I. Contractor warrants that he has not
, ~
employed or retained llhy 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 shall be entitled to
rely on the accuracy, competence, and
5
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:
L Compliance with Regulations. Contractor
agrees to comply with Title VI of the Civil
Rights Act of 1964, and Section l62(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 groWlds 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 Wlder a
subcontract, including procurement of
materials and equipment, each potential
2Y/12829
subcontractor or supplier shall be notified
by Contractor of Contractor's obligations
under this contract and regulations relative
to nondiscrimination on the groWlds 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 affirmative action to ensure
that applicants are employed, and that
employees are treated during
employment, 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;
recruitment or recruitment 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, state 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
6
instructions issued pursuant thereto, and will permit
access to his books, records, accounts, oth~r 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 paragraph 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
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.
...."..
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2Y/12829
VI. DISADVANTAGED BUSINESS
ENTERPRISE (DBE) POLICY
In accordance with Title 49, Code of Federal
Regulations, Part 23, or as may be amended (49
CFR 23), 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 Oregon
Department of Transportation (Department)
that Disadvantaged Business Enterprises as
defined in 49 CFR 23 shall have the maximwn
opportunity to participate in the performance of
contracts fmanced in whole or in part with
federal funds. Consequently, the DBE
requirements of 49 CFR 23 apply to this
contract.
DBE Obligations. Contractor agrees to
ensure that Disadvantaged Business
Enterprises as defmed in 49 CFR 23 have the
maximwn opportunity to participate in the
performance of contracts and subcontracts
financed in whole or in part with Federal
funds. In this regard, Contractor shall take
all necessary and reasonable steps in
accordance with 49 CFR 23 to ensure that
Disadvantaged Business Enterprises have the
maximwn opportunity to compete for and
perform contracts. Contractors shall not
discriminate on the basis of race, color,
national origin or sex in the award and
performance of federally-assisted contracts.
The DBE Policy Statement shall be included in
all subcontracts entered into under this
contract.
Records and Reports. Contractor shall
provide monthly docwnentation to Department
that it is subcontracting with or purchasing
materials from the DBEs identified to meet
7
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 Afflffi1ative Action steps taken
to replace the DBE with another DBE. Failure
to do so will result in withholding payment
on those items. The monthly docwnentation
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 fmus certified by the
Executive Department, State of Oregon may be
utilized to satisfy this obligation.
CONTRACTOR'S DBE CONTRACT GOAL
DBE GOAL Q %
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,
VII. LOBBYING
The Contractor certifies, by signing this
agreement to the best of his or her knowledge
and belief, that:
I. No Federal appropriated funds have been
paid or will be paid, by or on behalf of the
undersigned, 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 the awarding
.~
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2Y/12829
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.
8