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ODOT - Tigard Multi-Modal Pathways pF O ." Oregon Transportation & Growth Management Program E c 555 1311' Street, Suite 2 78 59 Theodore R.Kulongoski,Governor Salem, OR 97301-4178 (503) 986-4121 Fax: (503) 986-4174 July 1, 2008 Web Address: http://www.oregon.gov/lcd Duane Roberts A Joint Program City of Tigard of the 13125 SW Hall Blvd. Tigard, OR 97223 Department of Transportation RE: File Code 1 L-07; City of Tigard, and the Tigard Multi-Modal Pathways Department of Land Conservation Dear Mr. Roberts: and Development Enclosed for your records is your copy of the fully executed Intergovernmental Agreement. This project is financed, in part, with Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) funds. Please ensure your final deliverables have 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. This TGM grant is financed, in part, by Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), local government, and the State of Oregon funds. The contents of this document do not necessarily reflect views or policies of the State of Oregon. If you have any questions, please contact Sonya Kazen at 503-731-8282. Sincerely, Frances Campoz TGM Program Grants/Contracts Specialist Enclosure cc: Patricia Barker FHWA Tom Hoots Sonya Kazen File Code: 1L-07 Form 734-2368(7/05) r TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 INTERGOVERNMENTAL AGREEMENT City of Tigard, Tigard Multi-Modal Pathways THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation ("ODOT" or "Agency"), and City of Tigard ("City" or "Grantee"). RECITALS 1. The Transportation and Growth Management ("TGM") Program is a joint program of ODOT 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 objective of these projects is 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 (as defined below) is financed with federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ("SAFETEA-LU") funds. Local funds are used as match for,SAFETEA-LU 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. 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, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1. DEFINITIONS Unless the context requires otherwise, the following terms, when used in this Agreement, shall have the meanings assigned to them below: - 1 - r TGM Grant Agreement No. 25034' ' T TGM File Code 1L-07 EA#TGM8LA09 A. "City's Amount" means the portion of the Grant Amount payable by ODOT to City for performing the tasks indicated in Exhibit A as being the responsibility of City. B. "City's Matching Amount" means the amount of matching funds which City is required to expend to fund the Project. C. "City's Project Manager" means the individual designated by City as its project manager for the Project. D. "Consultant" means the personal services contractor(s) (if any) hired by ODOT to do the tasks indicated in Exhibit A as being the responsibility of such contractor(s). E. "Consultant's Amount" means the portion of the Grant Amount payable by ODOT to the Consultant for the deliverables described in Exhibit A for which the Consultant is responsible. F. "Direct Project Costs" means those 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. G. "Federally Eligible Costs"means those costs which are Direct Project Costs of the type listed in Exhibit D incurred by City and Consultant during the term of this Agreement. H. "Grant Amount" or "Grant" means the total amount of financial assistance disbursed under this Agreement, which consists of the City's Amount and the Consultant's Amount. I. "ODOT's Contract Administrator" means the individual designated by ODOT to be its contract administrator for this Agreement. J. "PSK" means the personal services contract(s) executed between ODOT and the Consultant related to the portion of the Project that is the responsibility of the Consultant. K. "Project" means the project described in Exhibit A. L. "Termination Date" has the meaning set forth in Section 2.A below. - 2 - TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 M. "Total Project Costs" means the total amount of money required to complete the Project. N. "Work Product" has the meaning set forth in Section 5.J below. SECTION 2. TERMS OF AGREEMENT A. Term. This Agreement becomes effective on the date on which all parties have signed this Agreement and all approvals (if any) required to be obtained by ODOT have been received. This Agreement terminates on June 30, 2009 ("Termination Date"). B. Grant Amount. The Grant Amount shall not exceed $69,579. C. Citv's Amount. The City's Amount shall not exceed $0. D. Consultant's Amount. The Consultant's Amount shall not exceed $69,579. E. Citv's Matching Amount. The City's Matching Amount is $11,080 or 13.74% of the Total Project Costs. SECTION 3. DISBURSEMENTS A. Subject to submission by City of such documentation of costs and progress on the Project (including deliverables) as are satisfactory to ODOT, ODOT shall reimburse City only for Direct Project Costs that are Federally Eligible Costs that City incurs after the execution of this Agreement up to 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. B. City shall present cost reports, progress reports, and deliverables to ODOT's Contract Administrator no less than every other month. City shall submit cost reports for 100% of City's Federally Eligible Costs. C. ODOT shall make interim payments to City for deliverables identified as being City's responsibility in the approved statement of work set out in Exhibit A within 45 days of satisfactory completion (as determined by ODOT's Contract Administrator) of such deliverables. D. ODOT reserves the right to withhold payment equal to ten percent (10%) of each disbursement until 45 days after ODOT's Contract Administrator's approval of the completion report described Section 5.L(2), at which time the balance due to City under this Agreement shall be payable. - 3 - , t TGM Grant Agreement No. 25034' TGM File Code 1 L-07 EA#TGM8LA09 E. Within 45 days after the latter of the Termination Date of this Agreement or City's compliance with Section 5.L. below, ODOT shall pay to City the balance due under this Agreement. F. 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. SECTION 4. CITY'S REPRESENTATIONS, WARRANTIES, AND CERTIFICATION A. City represents and warrants to ODOT as follows: 1. It is a municipality duly organized and existing under the laws of the State of Oregon. 2. It has full legal right and authority to execute and deliver this Agreement and to observe and perform its duties, obligations, covenants and agreements hereunder and to undertake and complete the Project. 3. All official action required to be taken to authorize this Agreement has been taken, adopted and authorized in accordance with applicable state law and the organizational documents of City. 4. This Agreement has been executed and delivered by an authorized officer(s) of City and constitutes the legal, valid and binding obligation of City enforceable against it in accordance with its terms. 5. The authorization, execution and delivery of this Agreement by City, the observation and performance of its duties, obligations, covenants 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,judgment, or decree of any court or governmental or administrative agency, authority or person having jurisdiction over it or its property or violate or breach any provision of any agreement, instrument or indenture by which City or its property is bound. 6. The statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) of City. - 4 - TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 B. As federal funds are involved in this Grant, City, by execution of this Agreement, makes the certifications set forth in Exhibits B and C. SECTION 5. GENERAL COVENANTS OF CITY A. City shall be responsible for the portion of the Total Project Costs in excess of the Grant Amount. City shall complete the Project; provided, however, that City shall not be liable for the quality or completion of that part of the Project which Exhibit A describes as the responsibility of the Consultant. B. City shall, in a good and workmanlike manner, perform the work, and provide the deliverables, for which City is identified in Exhibit A as being responsible. C. City shall perform such work identified in Exhibit A as City's responsibility as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform such work. City shall also be responsible for providing for employment-related benefits and deductions that are required by law, including, but not limited to, federal and state income tax withholdings, unemployment taxes, workers' compensation coverage, and contributions to any retirement system. D. All employers, including City, that employ subject workers as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). City shall require and ensure that each of its subcontractors complies with these requirements. E. City shall be responsible, to the extent permitted by the Oregon Tort Claims Act, ORS 30.260-30.300, only for the acts, omissions or negligence of its own officers, employees or agents. F. City shall not enter into any subcontracts to accomplish any of the work described in Exhibit A, unless it first obtains written approval from ODOT. G. City agrees to cooperate with ODOT's Contract Administrator. At the request of ODOT's Contract Administrator, City agrees to: (1) Meet with the ODOT's Contract Administrator; and (2) Form a project steering committee (which shall include ODOT's Contract Administrator) to oversee the Project. - 5 - TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 H. 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, applicable provisions of the Oregon Public Contracting Code. Without limiting the generality of the foregoing, City expressly agrees to comply with: (1) Title VI of Civil Rights Act of 1964; (2) Title V and Section 504 of the Rehabilitation Act of 1973; (3) the Americans with Disabilities Act of 1990 and ORS 659A.142; (4) all regulations and administrative rules established pursuant to the foregoing laws; and (5) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 1. 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, 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. City shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of six (6) 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. J. (1) All of City's work product related to the Project that results from this Agreement ("Work Product") is the exclusive property of ODOT. ODOT and City intend that such Work Product be deemed "work made for hire" of which ODOT shall be deemed the author. If, for any reason, such Work Product is 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 Product, 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 Product, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. (2) ODOT hereby grants to City a royalty free, non-exclusive license to reproduce any Work Product for distribution upon request to members of the public. - 6 - TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 (3) 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 Growth Management (TGM) Program, a joint program of the Oregon Department of Transportation and the Oregon Department of Land Conservation and Development. This TGM grant is financed, in part, by federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), local government, and State of Oregon funds. The contents of this document do not necessarily reflect views or policies of the State of Oregon." (4) The Oregon Department of Land Conservation and Development and ODOT may each display appropriate products on its "home page". K. Unless otherwise specified in Exhibit A, City shall submit all final products produced in accordance with this Agreement to ODOT's Contract Administrator in the following form: (1) two hard copies; and (2) in electronic form using generally available word processing or graphics programs for personal computers via e-mail or on compact diskettes. L. Within 30 days after the Termination Date, City shall (1) pay to ODOT City's Matching Amount less Federally Eligible Costs previously reported as City's Matching Amount. ODOT may use any funds paid to it under this Section 5.L (1) to substitute for an equal amount of federal SAFETEA-LU funds used for the Project or use such funds as matching funds; and (2) provide to ODOT's Contract Administrator, in a format provided by ODOT, a completion report. This completion report shall contain:- (a) The permanent location of Project records (which may be subject to audit); (b) A summary of the Total Project Costs, including a breakdown of those Project costs that are reimbursable hereunder and those costs which are being treated by City as City's Matching Amount; - 7 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 (c) A list of final deliverables; and (d) City's final disbursement request. SECTION 6. CONSULTANT If the Grant provided pursuant to this Agreement includes a Consultant's Amount, ODOT shall enter into a PSK with the Consultant to accomplish the work described in Exhibit A as being the responsibility of the Consultant. In such a case, even though ODOT, rather than City is the party to the PSK with the Consultant, ODOT and City agree that as between themselves: A. Selection of the Consultant will be conducted by ODOT in accordance with ODOT procedures with the participation and input of City; B. ODOT will review and approve Consultant's work, billings and progress reports after having obtained input from City; C. City shall be responsible for prompt communication to ODOT's Contract Administrator of its comments regarding (1) and (2) above; and D. City will appoint a Project Manager to: (1) be City's principal contact person for ODOT's Contract Administrator and the Consultant on all matters dealing with the Project; (2) monitor the work of the Consultant and coordinate the work of the Consultant with ODOT's Contract Administrator and-City personnel, as necessary; (3) review any deliverables produced by the Consultant and communicate any concerns it may have to ODOT's Contract Administrator; and (4) review disbursement requests and advise ODOT's Contract Administrator regarding payments to Consultant. SECTION 7. ODOT'S REPRESENTATIONS AND COVENANTS A. 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. - 8 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 B. The statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) of ODOT. C. ODOT will assign a Contract Administrator for this Agreement who will be ODOT's principal contact person regarding administration of this Agreement and will participate in the selection of the Consultant, the monitoring of the Consultant's work, and the review and approval of the Consultant's work, billings and progress reports. D. If the Grant provided pursuant to this Agreement includes a Consultant's Amount, ODOT shall enter into a PSK with the Consultant to perform the work described in Exhibit A designated as being the responsibility of the Consultant, and in such a case ODOT agrees to pay the Consultant in accordance with the terms of the PSK up to the Consultant's Amount. SECTION 8. TERMINATION This Agreement may be terminated by mutual written consent of all parties. ODOT may terminate this Agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT under, but not limited to, any of the following conditions: A. City fails to complete work specified in Exhibit A within the time specified in this Agreement, including any extensions thereof, or fails to perform any of the provisions of this Agreement and 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. Consultant fails to complete work specified in Exhibit A within the time specified in this Agreement, including any extensions thereof, and does not correct any such failure within 10 days of receipt of written notice or the date specified by ODOT in such written notice. C. 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. D. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. - 9 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 In the case of termination pursuant to A, B, C or D above, ODOT shall have any remedy at law or in equity, including but not limited to termination of any further disbursements hereunder. Any termination of this Agreement shall not prejudice any right or obligations accrued to the parties prior to termination. SECTION 9. GENERAL PROVISIONS A. Time is of the essence of this Agreement. B. Except as otherwise expressly provided in this Agreement, any 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. C. ODOT and City are the only parties to this Agreement and are the only parties entitled to enforce the terms of this Agreement. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons (including but not limited to any Consultant) unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. D. Sections 5(I), 5(K), 5(L) and 9 of this Agreement and any other provision which by its terms is intended to survive termination of this Agreement shall survive. E. 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. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on - 10 - TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 the Eleventh Amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. City, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. F. This Agreement and attached Exhibits (which are by this reference incorporated herein) constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No 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 obtained. Budget modifications and adjustments from the work described in Exhibit A must be processed as an amendment(s) to this Agreement and the PSK. No waiver or consent shall be effective unless in writing and signed by the party against whom such waiver or consent is asserted. 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. On June 18, 2003, the Oregon Transportation Commission ("Commission") approved Delegation Order No. 2, which authorizes the Director of ODOT 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 ("STIP") or a line item in the biennial budget approved by the Commission On November 10, 2004, the Director approved Subdelegation Order No. 2, in which the Director delegates authority to the Division Administrators for their respective Divisions authority to approve and sign agreements up to $75,000 when the work is related to a project included in the STIP, other system plans approved by the Commission such as the Traffic Safety Performance Plan, or in a line item in the biennial budget approved by the Director. - 11 - TGM Grant Agreement No. 25034 ` TGM File Code 1L-07 EA#TGM8LA09 city City of Tigard By: (Qlficial's Signature) /-��/ /�/ �lC ,jam ,-� f s`'L �7 v✓' (Printed Name and Title of Official) l Date: ODOT STATE OF OREGON, by and through its Department of Transportation By; f'4r� Jerri Bohard, Division Administrator Transportation Development Division Date- Contact Names: Duane Roberts City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 Phone: 503-639-4171 Fax: 503-684-7297 E-Mail: duan@tigard-or.us Sonya Kazen,Contract Administrator Transportation and Growth Management Program 123 NW Flanders Portland,OR 97209-4037 Phone: 503-731-8282 Fax. 503-731-3266 E-Mail: Sonya.B.KAZEN@odot.state.or.us - 12 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 EXHIBIT A STATEMENT OF WORK TIGARD NEIGHBORHOOD TRAILS PLAN TGM 1L-07 Definitions Agency/ODOT—Oregon Department of Transportation CAC— Citizen Advisory Committee City—City of Tigard GIS —Geographic Information System PMT—Project Management Team SAC—Stakeholder Advisory Committee SAFETEA-LU— Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users TAC—Technical Advisory Committee TGM—Transportation and Growth Management TSP—Transportation System Plan WOC—Work Order Contract WOCPM—Work Order Contract Project Manager This statement of work describes the responsibilities of all entities involved in this cooperative project. The work order contract (for the purposes of the quoted language below the"WOC") with the work order consultant ("Consultant") shall contain the following provisions in substantially the form set forth below: "PROJECT COOPERATION This statement of work describes the responsibilities of the entities involved in this cooperative Project. In this Work Order Contract (WOC), the Consultant shall only be responsible for those deliverables assigned to the Consultant. All work assigned to other entities are not Consultant's obligations under this WOC, but shall be obtained by Agency through separate intergovernmental agreements which contain a statement of work that is the same as or similar to this statement of work. The obligations of entities in this statement of work other than the Consultant are merely stated for informational purposes and are in no way binding, nor are the named entities parties to this WOC. Any tasks or deliverables assigned to a subcontractor shall be construed as being the responsibility of the Consultant. Any Consultant 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: - 13 - � TGM Grant Agreement No. 25034 TGM File Code IL-07 EA#TGM8LA09 1. At the first sign of non-cooperation, the Consultant shall provide written notice (email acceptable) to Oregon Department of Transportation (Agency) Work Order Contract Project Manager(WOCPM) of any deliverables that may be delayed due to lack of cooperation by other entities referenced in this statement of work. 2. WOCPM shall contact the non-cooperative entity or entities to discuss the matter and attempt to correct the problem and expedite items determined to be delaying the Consultant. If Consultant has followed the notification process described in item 1, and Agency finds that delinquency of any deliverable is a result of the failure of other referenced entities to provide information, resources, assistance, or cooperation, as described in this statement of work, the Consultant will not be found in breach of contract. WOCPM will negotiate with Consultant in the best interest of the State, and may amend the delivery schedule to allow for delinquencies beyond the control of the Consultant." Project Purpose/Transportation Relationship and Benefits The Transportation and Growth Management(TGM) project primarily focuses on identifying, evaluating, and setting priorities on neighborhood-level pathway connections to provide for more direct travel within the City of Tigard (City). The Project is part of an overall goal to increase the number of people walking and biking for transportation purposes in Tigard by providing better and more frequent facilities for these non-vehicular modes. Project Area The Project Area is defined by the city limits. However, opportunities and needs for neighborhood trails connections are greatest within the older areas of the City, which together cover approximately half of the incorporated area. The focus of the Project Area will be refined as Access Gaps, Demand Trails and Candidate Trails are identified. Background Tigard is a rapidly growing community covering some 11.5 square miles. Current population is estimated at 47,000. Because of its rural history, the City does not have a well-connected road system. This causes many trips to be longer than necessary and discourages bicycle and pedestrian travel. Part of the solution to this lack of connectivity is requiring that new subdivision streets connect with each other. This is effective in the case of newly-developing areas, but in Tigard it does not address bicycle/pedestrian opportunities comprehensively. The major facilities for walking and biking in the community are the on-street network of bike lanes and sidewalks and the off-street greenway trail network. Another facility type is "neighborhood" trails. These are trails of an informal nature that provide circulation and access throughout the City. Neighborhood trails are the most difficult type of trail to identify, monitor, and preserve. They primarily are informal, soft surface trails which appear on public and private property throughout the City. - 14 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 These trails are variously referred to as desire trails, demand trails, neighborhood trails, community trails, urban trails, informal trails, short trails, cut-throughs, and access ways. The term used for these facilities in the present project is neighborhood trails or paths. In terms of transportation policy formulation, of key importance is that a neighborhood trail protection and development program can provide the additional connections needed to form a truly integrated system for non-motorized circulation throughout the City. While the City has been effective in requiring new development to provide bicycle and pedestrian connections on public easements or rights of way, it has been less proactive in addressing gaps in the pedestrian system within older neighborhoods. Many of the subdivisions developed in Tigard in the sixties and seventies did not provide sidewalks or pedestrian connections between neighborhoods and between neighborhoods and activity centers. These historic gaps in the pedestrian walking system become more important as land development and activity grow, creating increased demands for an integrated pedestrian system. There is a strong need for a network of off-street and off-greenway neighborhood trails in the Tigard community that enhance connectivity. The purpose of this Project is to focus on potential neighborhood trails that would improve the convenience of daily trips to school, work, and shopping areas. This includes reducing out of direction travel by providing short-cuts between two streets, additional connections to existing sidewalks and greenway trails, and by extending existing neighborhood trails. Neighborhood trail connections that are direct, convenient, and safe may decrease trip length sufficiently to cause residents to substitute walking or cycling for longer, more circuitous driving trips. They also may encourage transit use by improving access to bus stops. Studies indicate that higher walking and biking rates occur when there are better facilities. Similarly, transit use increases when people can conveniently walk and bike to transit stops. Neighborhood trails promote a healthy lifestyle and contribute to air quality by providing an alternative to the automobile. Project is part of a broader strategy to get people out of their cars and to promote a healthier, more sustainable community. Future implementation of the Project recommendations will provide more choices for moving around Tigard and help create a better place to live. When completed, the Project results will be incorporated into the City's Transportation System Plan (TSP). Recommended projects will be considered for future funding as part of the City's public facilities Capital Investment Plan. This Project seeks to take advantage of publicly-owned lands, existing open spaces, re- developments and other opportunities to retrofit off-street pathways in the more established portions of the community. It also seeks to identify overlooked linkages within the community's newer areas. The opportunities identified during Project will augment, rather than replace, a citywide off-street system of greenway trails and an on-street system of streets and sidewalks. To assist in conducting an inventory of potential hard and soft surface trail connections within neighborhoods, the Project will include working with local trail user and neighborhood groups to - 15 - TGM Grant Agreement No. 25034 ' TGM File Code 1 L-07 EA#TGM8LA09 identify existing and potential neighborhood trails. The Project also considers suggestions from these groups for projects that would help create better linkages into and within neighborhoods. A large number of location-specific needs already have been identified and catalogued by the Tigard-Bull Mountain Trails Friends group. Also available are two city-initiated inventories of existing and potential neighborhood trails, respectively conducted in 1994 and 2006. To further ensure support for Project recommendations from community and agency stakeholders, the Project will include processes for additional public involvement and interagency coordination. Project Objectives • Enhance opportunities for walking, bicycling, and using transit by identifying and prioritizing off-street neighborhood trails throughout the City. • Identify gaps in the pedestrian network, primarily in established neighborhoods, and map general and specific locations for new neighborhood trails, • Set the framework for implementation through recommended revisions to the City's TSP, Capital Investment Plan, and engineering and development standards. • Establish trail standards relating to width, surface, lighting and other design features. • Address state Transportation Planning Rule objectives to reduce single occupant vehicular travel, for pedestrian and bicycle facilities and connectivity, and TGM Program objectives for a balanced, multi-modal transportation system that enhances opportunities for walking, bicycling, and transit. Further the Metro Regional Framework Plan goals for high quality pedestrian environment and convenient access to transit. Deliverables Overview • Text deliverables must be prepared in MS Word. • Drawings and illustrations must be prepared in AutoCAD Version 2005 or earlier, compatible with Microstation. All graphics must be provided to City and WOCPM in electronic and hard copy. • Consultant is responsible for providing meeting handout materials and informational content for City's public outreach materials. • Consultant is responsible for producing presentation graphics for use at committee meetings and open houses to convey key information. Size and content of graphics must be suitable for large-group presentations. • Unless otherwise stated in the following tasks, Consultant shall e-mail draft deliverables to City Project Manager and WOCPM; City shall distribute to the Technical Advisory Committee (TAC) and Citizen Advisory Committee (CAC) at least one week prior to scheduled meetings. City shall be responsible for reproducing and distributing all written materials. • City shall review each draft document and provide Consultant with a single, internally consistent set of comments. • Following the completion of review and comment by City and WOCPM, Consultant shall incorporate recommendations and comments (or explain why the recommendations were not included) into revised documents prior to the subsequent TAC, CAC meetings. - 16 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 Consultant shall provide revised documents to the Project Management Team (PMT). City shall provide revised Technical Memos and other deliverables to the TAC and CAC. • All reports and deliverables must be submitted on a per task basis, rather than grouped at the end of the process. • Consultant shall present the Final Recommended Tigard Neighborhood Trail Plan in the form of specific language amendments to the relevant planning documents that are sufficient to implement it. This shall be presented in the form of additions and deletions to relevant portions of the existing comprehensive plan, TSP, and ordinance text. "Sufficient" means adequate to allow proposed improvements or uses to be authorized either outright or subject to clear and objective standards and an established process for review and approval. The amendments must also specify existing plan or ordinance language that needs to be modified or deleted because it conflicts with the proposed amendment. • Amendments to transportation plans must include changes to comprehensive plan policies, amendments to the map of planned transportation facilities, amendments to the list of planned improvements, and changes/updates in funding estimates. Amendments to implementing land use ordinances will ordinarily include new or amended standards. Recommended policies or decisions shall be presented in the form of final policy decisions for adoption by City and expressed as City policy statements. • All trail connection analysis and engineering work shall be performed or supervised by a professional engineer or landscape architect registered in the State of Oregon. • City shall provide all meeting logistics, including arranging meeting location and scheduling. Consultant shall attend all meetings listed in the SOW, prepare agendas and written summaries and shall provide facilitation: lead discussion of technical issues and analyses, prepare meeting agendas and written summaries. TAC and CAC meetings must be held on the afternoon and evening respectively on the same day for efficiency. • Consultant shall provide one electronic and one hard copy of each interim deliverable to City and WOCPM. • Consultant shall ensure that any deliverables produced pursuant to this contract 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. This TGM grant is financed, in part, by Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA- LU), local government, and the State of Oregon funds. The contents of this document do not necessarily reflect views or policies of the State of Oregon." Consultant shall provide three electronic (CD) and three hard copies of the final deliverable - Final Recommended Tigard Neighborhood Trail Plan each to both City and WOCPM in .pdf and modifiable format. - 17 - TGM Grant Agreement No 25034 TGM File Code 1 L-07 EA#TGM8LA09 STATEMENT OF WORK TASK 1: PROJECT MANAGEMENT, INTERAGENCY COORDINATION AND PUBLIC INVOLVEMENT Task Objectives ♦ Set the context for the study by defining a vision and draft evaluation criteria. ♦ Provide a structure for staff, citizen and partnering agencies to engage in the neighborhood trail planning process. ♦ Ensure that there is coordination between agencies involved, particularly City and ODOT staff. ♦ Ensure that there are adequate opportunities for public participation and input throughout Project. ♦ Ensure that the Project responds to community values and issues. ♦ Ensure that Project is advanced to completion with ample and broad public review, input and support. ♦ Maintain regular communication for project management. Subtasks 1.1 PMT Roster- Within two weeks of Notice to Proceed, City shall form a PMT consisting of representatives from City(including Engineering, Planning, and Public Works), Consultant, and ODOT to steer Project and provide strategic and technical input. PMT shall meet as described in subsequent tasks, typically at the beginning of each task, either at the City or by conference call, during Project, as determined by the PMT. It is anticipated that coordination will occur by telephone and email during the course of the project. City shall provide PMT meeting logistics and a contact roster; Consultant shall prepare agendas and written summaries of PMT meetings. 1.2 PMT Meeting#1/Work Schedule—PMT Meeting#1 shall be held at the City. The purpose of PMT Meeting#1 is to assure that the Project Manager, Consultant and key City personnel involved clearly understand Project Objectives, statement of work, roles, assignments, and deliverables. As a separate deliverable, Consultant shall prepare a draft Work Schedule, a schedule of activities including target dates for PMT, Stakeholder Advisory Committee (SAC) meetings and community workshops, to be discussed at meeting. PMT shall confer on desirable SAC participants and discuss the content of materials for the SAC kick-off meeting. A process for review and feedback between City, Consultant, WOCPM, SAC and the public to be implemented throughout the Project shall be established. Within 2 weeks following the meeting, Consultant shall provide a final Work Schedule in Microsoft Excel or Microsoft WORD, reflecting PMT discussion. - 18 - ti TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 1.3 Background Documents and Data- At PMT Meeting#1, the team shall discuss background documents and data, and available format, to be provided to Consultant by the City. Preliminary list of items includes: i. Tigard Comprehensive Plan ii. Tigard Transportation System Plan iii. Tigard Park System Master Plan iv. Tigard Roadway Engineering Standards V. Site plans of in-process development (for new street connections) vi. Trimet Transit Investment Plan vii. Tigard-Trimet MOU; viii. Available City Geographic Information System (GIS) layers City shall provide the Background Documents and Data to the Consultant within two weeks following PMT #1. 1.4 SAC Roster- City shall invite agency and citizen stakeholders to participate. City shall prepare a SAC Roster to serve as combination Technical and Citizen Advisory Committees. The SAC roster will consist of citizen stakeholders (i.e. residents, property owners, and businesses) in the Project Area, as well as representatives from City Engineering, Planning, and Public Works; Tigard-Tualatin School District; City of Lake Oswego; Washington County Bicycle Transportation Alliance; Tualatin Hills Park and Recreation District; Metro; and ODOT. SAC must include two representatives from the Friends of Tigard-Bull Mountain Trails. SAC shall meet to review and provide input on interim and final reports in SAC meetings, as described in subsequent tasks. 1.5 Draft Project Vision and Guiding Principles—Consultant shall prepare Draft Project Vision and Guiding Principles based on the project goals identified in this statement of work. The purpose of the document is to clearly convey the project purpose and objectives to citizens and participating agencies. 1.6 SAC Meeting#1 —City shall provide meeting logistics. City shall overview the Work Schedule, review the ground rules that apply to SAC deliberations, and call attention to the Draft Project Memo and explain its purpose. Consultant shall prepare and present draft Project Vision and Guiding Principles to the SAC. Consultant shall facilitate a discussion with SAC to develop a consensus on community and stakeholder goals for the project. Consultant shall provide the agenda, lead discussions, and document SAC comments, in a written summary of the meeting. 1.7 PMT/SAC Field Trip - City shall conduct a joint PMT/SAC Field Trip of the Project Area to assess general conditions on the ground. Consultant shall provide handouts with graphic examples of neighborhood trails. City shall lead a discussion of potential neighborhood trails on publicly- and privately-owned land. Consultant shall attend and document input from participants and prepare a written summary. (Note: SAC Meeting #1, and PMT/SAC Field Trip shall be scheduled on the same day.) The field trip must be conducted using vehicles provided by the City. The field trip is to highlight high-level issues and familiarize the SAC with the informal, soft surface trails (or facility types) that - 19 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 are the focus of the study, but will not include data collection or attempt to comprehensively cover all potential sites. 1.8 Final Project Vision and Guiding Principles - Consultant shall revise Project Vision and Guiding Principles based on the comments provided by the PMT. TASK 1 DELIVERABLES City A. PMT, SAC Rosters B. PMT Meeting#1 C. Background Documents and Data D. SAC Meeting#1 E. PMT/SAC Field Trip Consultant A. PMT Meeting#1 B. Work Schedule C. Draft and Final Project Vision and Guiding Principles D. SAC Meeting#1 F. PMT/SAC Field Trip Schedule Months 1 -2 TASK 2: EXISTING CONDITIONS Task Objectives ♦ Prepare accurate and up-to-date information and maps necessary to assess existing and future conditions in Project area. ♦ Identify gaps in the City's pedestrian system, focusing on established neighborhoods. s Gather input from project stakeholders, including the City, Friends of Tigard-Bull Mountain Trails, Tigard Neighborhood Organizations [scheduled for progression establishment during 2008], local residents, and other interested parties, regarding potential pathway locations. Subtasks 2.1 PMT Meeting#2 - PMT Meeting#2 is to prepare for Task 2 work. Consultant shall prepare an agenda and summary of the meeting. 2.2 Base Maps - Consultant shall prepare Base Maps of existing and planned conditions in ArcInfo GIS incorporating available City and Metro Regional Land Information Systems information showing: at 1"-800' scale(at this scale the number of maps required for full city coverage is six 30' x 40' sheets.) Partially due to the City's irregular boundaries, - 20 - TGM Grant Agreement No 25034 TGM File Code 1 L-07 EA#TGM8LA09 some 40-45% of the overall area depicted is land located outside the Project Area boundary. Consultant shall delete areas outside of the Project Area boundary, as deemed appropriate by PMT. The following information must be summarized: i. Parcel lines. ii. Existing and planned streets, bike lanes, sidewalks, greenway trails, transit stops; and adopted greenway trail alignments. Among others, planned improvements, include the ODOT-funded Highway 99W sidewalk infill project, scheduled for 2008 construction, the three new transit routes identified in the Tigard-TriMet Memorandum of Understanding 2007 annual report; and the Fanno Creek/Hall Boulevard greenway trail connection programmed for 2008 installation. iii. Rail lines and authorized public rail crossings. Consultant shall contact ODOT Rail for inventory of public rail crossings. iv. Topography (2' intervals) and environmental constraints, such as known streams, drainageways, wetlands, and other Goal 5 resources. Use of the cartographic and, environmental data contained in the City GIS system is sufficient to accomplish this task. V. Publicly-owned land. vi. Community destinations, including parks, libraries and schools in the Tigard- Tualatin School System, retail centers, and other commercial areas. vii. In-process residential and commercial developments, as provided by the City. viii. Use aerial photos to confirm developed and undeveloped parcels and the vegetative character of areas. ix. Zoning Consultant shall rely on already existing GIS files provided by the City or Metro. Consultant will not perform data collection as part of this task. 2.3 Develop Project Website—Consultant shall develop and maintain a project website. The website must include a mapping function allowing the public to submit comments and candidate demand trails interactively. The website will also be used to post project notices, schedules, and deliverables, as deemed appropriate by the PMT. 2.4 Draft Map of Access Gaps, Demand and Candidate Trails—Based on information provided by the City, Consultant shall develop a GIS layer and produce Draft Map of Access Gaps, Demand and Candidate Trails. Gaps in the existing/planned sidewalk and trail network within and between existing developments and community destinations must be identified, including: i. Informal demand-use and potential neighborhood trails inventoried by the City, the Friends of Tigard Bull Mountain Trails, and other community groups and individuals. There are approximately 100 nominations on file with the City. ii. Location of unauthorized rail crossings in the demand-use and potential neighborhood trails. Consultant is not required to undertake air photo or field research to independently identify and inventory existing demand-use or potential trail locations, but will work - 21 - TGM Grant Agreement No.25034 TGM File Code 1L-07 EA#TGM8LA09 exclusively with City- and resident-provided trail route information. Draft Map may be multiple map sections or provided on aerial photos if City and Consultant agree the information is better presented that way. 2.5 Draft Technical Memo #l: Existing Conditions - Consultant shall prepare Technical Memo #1 detailing relevant bicycle and pedestrian facilities, and land use conditions within the City. Draft Technical Memo #1 need not incorporate all information from Base Maps and Access Gaps, Demand & Candidate Trails map, but must include summary information on existing on-street, on-greenway, and neighborhood bike/pedestrian facilities; physical conditions; well served and under-served areas and destinations in terms of pedestrian/bike connections; and opportunities and constraints (e.g. topography, built environment; authorized and unauthorized rail crossings) for additional neighborhood trails to improve connectivity. Draft Technical Memo #1 must be prepared based on information available from the City. No field work beyond Task 1.7 will be conducted by the Consultant for this task. Technical Memo #1 must document existing plans, policies, and conditions, including a summary of- i. £i. Factors used to determine gaps in planned pedestrianibike system and access to transit. ii. Tigard TSP policies and other information pertinent to the alternative mode systems and planned projects affecting the greenway and on-street bike/pedestrian networks. iii. TriMet Transit Investment Plan and Tigard-TriMet Memorandum of Understanding-listed transit service(route) improvements. iv. ODOT/federal policies and regulatory process for rail crossings, and at-grade rail crossing safety issues. 2.6 SAC Meeting#2 —City shall provide meeting logistics.-Consultant shall present Technical Memo #1, Existing Conditions and Draft Map of Access Gaps and Demand and Candidate Trails. An item of discussion and consideration for location of trails must be avoidance of unauthorized rail crossings. Trails must be modified to avoid the need for unauthorized crossings. Consultant shall facilitate, provide the agenda, lead discussions, document SAC comments, and provide a written summary of the meeting. 2.7 Final Access Gaps. Demand and Candidate Trails Map- Consultant shall revise the Access Gaps, Demand and Candidate Trails Map to reflect input from the SAC. 2.8 Draft Potential Neighborhood Trails - Per direction of the PMT, Consultant shall prepare Potential Neighborhood Trails, a GIS layer/map layer and an accompanying spreadsheet. The Draft Potential Neighborhood Trails must be derived from the Base Maps and Access Gaps, Demand and Candidate Trails maps. These must both indicate the following categories of ownership. i. Existing public rights-of-way with potential for development either as a roadway or pathway. (Including rights-of-way that have been dedicated to the public, but the street connection has not been constructed.) - 22 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 ii. Existing public easement or publicly-owned land, appropriate for development as a pathway, but not as a road. Potential pathways in this category may include those within properties under ownership of various public agencies other than City; city-owned park lands; and city-owned greenways, specifically, those potentially providing routes for pathways not already identified in the official greenway trail system or routes for pathways providing linkages to main stem greenway trail. iii. Privately-owned land with potential for development either as a roadway or pathway. Primarily stub streets that are not feasible for future extension because of topography or some other factor. iv. Privately-owned land with potential for development as a pathway. These primarily would include existing desire or demand trails within or between existing subdivisions or between residential and commercial developments. V. Other categories, such as existing pathways open to the public on privately- owned or publicly-owned land; pathways on dedicated easements, unknown to the City. vi. Trails across railroad right of way shall only be proposed at authorized public rail crossings, unless ODOT Rail provides a written statement that a proposed new authorized crossing is viable. TGM Grant Manager and/or the City shall provide information on demand-trails across unauthorized rail crossings. Future trails must not be planned to cross railroad tracks at unauthorized locations. Where existing trail alignments need to be modified to avoid unauthorized rail crossing, recommendations must be provided to the City, ODOT, Portland &Western and TriMet about these modifications. It is recognized that TriMet and Portland & Western may choose to install fencing or other barriers to prevent continued use of the unauthorized crossings. 2.9 Property Ownership Inventory- City shall prepare Property Ownership Inventory, utilizing Washington County Tax Assessor property information and City land use records to prepare an inventory of parcels affected by potential neighborhood trails. Property Ownership Inventory must include County assessor map index numbers, general location descriptions, and tax lot and ownership information. 2.10 Property Owner Survey/Summary Report - City shall prepare Property Owner Survey, a mail survey questionnaire to owners of private and public property identified on Draft Potential Neighborhood Trails. City shall provide a draft survey for review and comment by WOCPM and Consultant. City shall finalize and mail the survey. For study purposes the term"public property" refers to property owned by public agencies other than the City. Public agencies may include the State, County, Metro, Bonneville Power Administration, TriMet, Water Board, or School District. The purpose of the survey is to identify potential willing sellers and to document the objections (to explore whether they can be addressed) of potential unwilling sellers. At its own discretion, the City may interview an unspecified number of property owners in order to gather more detailed information on their opinions. City shall compile results and prepare Summary Report and provide to the Consultant and WOCPM for review. The owner information is - 23 - TGM Grant Agreement No 25034 TGM File Code 1L-07 EA#TGM8LA09 intended in part to help formulate Evaluation Criteria(Task 3) and Recommended Pathways Projects (Task 4). The owner information is also to inform the implementation plan and prospective development of an incentive program that provides benefits to property owners who allow public use of some portion of their property for trail purposes. 2.11 Final Technical Memo 41/Final Potential Neighborhood Trails - Consultant shall revise Potential Neighborhood Trails and Technical Memo #1 to reflect comments and new information provided by the PMT, SAC, Property Ownership Inventory and Summary Report. TASK 2 DELIVERABLES City A. PMT Meeting#2 B SAC Meeting#2 C. Consolidated City review of Consultant deliverables. D. Property Ownership Inventory E. Property Owner Survey/Summary Report Consultant A. PMT Meeting#2 B. Base Maps C. Project Website D. Draft and Final Map of Access Gaps, Demand and Candidate Trails E. Draft and Final Technical Memo #1 F. SAC Meeting#2 G. Draft and Final Potential Neighborhood Trails H. Review of Property Owner Survey and Summary Report Schedule Months 2-5 after notice to proceed. TASK 3: NEIGHBORHOOD TRAIL DESIGN STANDARDS AND EVALUATION CRITERIA Task Objectives ♦ Prepare evaluation criteria and matrix to guide the selection and prioritization of pathway options. ♦ Present project information and solicit input at a Public Meeting ♦ Select Neighborhood Trail Design Standards - 24 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 Subtasks 3.1 PMT Meeting#3 —The PMT shall meet to prepare for the work in Task 3, and for Public Meeting#1. 3.2 Technical Memo#2: Neighborhood Trails Design Standards - Consultant shall prepare Technical Memo#2, including draft Neighborhood Trails Design Standards based on PMT direction. Consultant shall prepare detailed engineering specifications for the selected designs/elements and cost per linear foot for the primary design types and widths. The primary design types include concrete, asphalt, pervious asphalt,boardwalk, and gravel. In addition to pavement sections and path surfacing, design elements include edge treatment (fencing or dense vegetation vs. open boundary), and pedestrian scale lighting. Detailed illustrations of design elements accompanied by text shall be prepared to demonstrate key features. Technical Memo #2 must discuss general impacts and trade- offs of various design options including cost-benefit, situations where each design standard should be applied and planning-level unit cost for each alternative design element and cross section option. Consultant shall base draft Neighborhood Trail Design Standards on City's existing standards for design and construction and the Oregon Bicycle and Pedestrian Plan. The type of trail surface recommended for particular trails must be dependent on its location and site conditions. Consultant shall provide a draft to the City and SAC for detailed review (allowing a minimum of two weeks for comment). City shall provide consolidated review of SAC and City comments. 3.3 Draft Evaluation Matrix - Consultant shall prepare Draft Evaluation Matrix with criteria to guide the evaluation, selection and prioritization of future Neighborhood Trails. The evaluation matrix must incorporate data from Draft Potential Neighborhood Trails. The criteria used will be either qualitative or quantitative, as deemed appropriate by PMT. However, no quantitative scoring/weighting system will be developed to give projects an overall score/rating. A potential list of evaluation criteria is provided below to help focus the development of suitable Evaluation Criteria. Consultant shall refine and build on these criteria based on the project goals and vision and a desire for streamlined project scoring and prioritization. The Consultant is not required to use this complete list. In keeping with the Project purpose, the key criterion is the potential of off-street trail projects to improve the connectivity of the transportation system. Permission of owner is a second key criterion. i. Connectivitv • Provides direct access to activity centers, such as parks, schools, open spaces, or retail shopping • Provides direct connection with existing sidewalk or trail. • Provides a short-cut that would reduce out-of-direction travel for specific distance goals contingent on the nature of the destinations and anticipated demand/trip volumes. ii. Constructabilitv • Topography and the presence of environmentally sensitive areas. - 25 - TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 • Steep slopes and the presence of environmental resources should be considered a design consideration and cost factor rather than a criterion for excluding a potential neighborhood trail from the list of potential projects. • Based on American Association of State Highway and Transportation Officials and Americans with Disabilities Act guidelines, the assumed slope should be less than 5 percent; 10% is the maximum allowable grade for bicycle use for short distances. If a grade more that 10% provides the only option for a critical link, the path should be considered a potential route. iii. Willing Seller/Prov_ ertv Owner Permission • This criterion applies to both privately-owned land and land owned by public agencies other than the City. As noted,public agencies may include the State, County, Metro, BPA, TriMet, Water Board, or School District. • The land owner is receptive to allowing access for trail purposes. Obtaining permission from property owner to allow public access is consistent with community values. • The City has obtained an easement for trail use. iv. Potential Conflicts with Neighbors • Because of the potential for conflict with neighborhood or adjacent land uses, the highest priority should be placed on finding_pathway locations that take advantage of publicly-owned land. This includes publicly-owned land between two single family residences. • Pathways located on over-sized lots in residential areas should also be considered. • A lower priority should be placed on large vacant parcels or on under- developed parcels where streets or accessways can be required in conjunction with future development. V. Safety • This criterion takes into account two factors: personal safety and pathway design, which should be considered in analyzing pathway locations, but not used as a yes-or-no criteria in deciding on whether or not to include a path in the list of recommended projects. • Personal safety of pathway users. Is the path clearly visible from the street (does it have straight-line visibility) and appear to be relatively open and free of structures and vegetation? • Pathway design, particularly related to bicycle design standards. Can bike path design standards for curves and grades be accommodated? Are complications such as major street crossings or frequent driveways present? • Better bicycle and pedestrian access from neighborhoods to schools is desirable, but consider school ground security. vi. Cost Estimates Consultant shall prepare cost estimates, utilizing unit prices to produce planning level cost estimates for each proposed neighborhood trail. These unit - 26 - TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 prices must be based on the cost per linear foot for the primary design types identified in Technical Memo #2. It is recognized that Cost Estimates will need to be refined at a later time when more details are determined through engineering analysis. The work approach for the present study does not include engineering-level cost analysis. Cost estimates listed in the Evaluation Matrix also will be exclusive of right-of-way, acquisition, and contingencies. However, terrain and soil conditions can have a major influence on costs. Steep slopes, poor soils, and the presence of wetland or water features often require retaining walls, board walk, drainage facilities, etc. that can drive up costs. Unit price formula used to estimate costs should include low (level ground), medium (some design features), and high ranges (many design features) when design features are required. In Task 3 order of magnitude cost must be included as an evaluation criterion, but actual magnitude or planning level estimates for each trail will be computed as part of Task 4. 3.4 SAC Meeting#3 - Consultant shall facilitate SAC Meeting#3 to present Final Potential Neighborhood Trails, Draft Evaluation Matrix, and Draft Technical Memo #2. Consultant shall prepare a PowerPoint presentation as well as handouts. Consultant shall prepare agenda, lead a discussion and document comments from attendees, and prepare meeting summary. City shall provide logistics. 3.5 Final Evaluation Matrix - Per PMT, and SAC direction, the Consultant shall finalize Evaluation Matrix. 3.6 Open House #1 - City shall provide logistics and conduct Open House#1 to present key points of Final Potential Neighborhood Trails, Draft Evaluation Matrix, and Draft Technical Memo #2 to the public. Consultant shall prepare handouts and large format graphics, and show the PowerPoint presentation to convey information. Consultant shall provide graphic material illustrating key existing conditions and pathway opportunities in the Project Area at a size suitable for viewing by audience participants. Open House#1 must be conducted at the City Library in order to maximize potential public participation. Open House#1 must provide opportunities for citizen comment on neighborhood trail needs and constraints and, very importantly, to identify particular neighborhood pathway opportunities that might have been overlooked in the development of earlier deliverables. Consultant shall document public comments and prepare a meeting summary. 3.7 Proposed Neighborhood Trails Map and Inventory - Consultant shall prepare Proposed Neighborhood Trails Map and Inventory(a revision of the Potential Neighborhood Trail Map in Task 2.10). Proposed Neighborhood Trails Map and Inventory must include: a map identification number, general description location, and design option for each proposed trail. (The remaining data sets will be inserted in Task#4.) 3.8 Final Technical Memo #2 - Consultant shall produce Final Technical Memo #2 incorporating WOCPM review and City's consolidated comments. - 27 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 TASK 3 DELIVERABLES City Deliverables A. PMT Meeting#3 B. SAC Meeting#3 C. Open House#1 D. Consolidated review of Consultant deliverables Consultant Deliverables A. PMT Meeting#3 B. Draft and Final Technical Memo #2 C. Draft and Final Evaluation Matrix D. SAC Meeting#3 E. Open House#1 F. Proposed Neighborhood Trails Map and Inventory Schedule Months 5-7 after notice to proceed. Note: Some portions of Task 3 may begin prior to finalizing Task 2 in order to accelerate project schedule. TASK 4: NEIGHBORHOOD TRAIL EVALUATION AND RANKING, AND RECOMMENDED PROJECTS Task Objectives ♦ Evaluate and rank Proposed Neighborhood Trails and prepare Recommended Neighborhood Trails Project List and Map. ♦ Develop an Implementation Strategy to evaluate and recommend regulatory (such as regulations relating to right-of-way vacation and use of utility easements) and programmatic steps to implement a successful Neighborhood Trails program. Subtasks 4.1 PMT Meeting#4 - PMT Meeting#4 is to direct the Task 4 work. City shall provide logistics. Consultant shall prepare agenda and summary. 4.2 Draft Evaluation Assessment and Project Ranking- Consultant shall prepare Draft Evaluation Assessment and Project Ranking by merging Proposed Neighborhood Trails Map & Inventory into the Final Evaluation Matrix and inserting all necessary data, including cost estimates. Consultant shall then fill in the fields in the Evaluation Matrix with an assessment of each project's attributes, and then rank the projects 4.3 Field Verifications—Consultant shall conduct initial Field Verifications and assessments to confirm findings of the Draft Evaluation Assessment and Project Ranking. Consultant shall provide field verification of up to 50 sites. Consultant shall incorporate results of - 28 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 field verification into the draft evaluation matrix. City(engineer) shall provide field checks for trail evaluations for all additional sites beyond 50, and provide written feedback and cost estimates in the Evaluation matrix. 4.4 Final Evaluation Assessment and Project Ranking- Consultant shall update the Evaluation Assessment and Project Ranking. 4.5 SAC Meeting#4—City shall provide logistics. Consultant shall attend SAC Meeting#4 to get feedback on the Final Evaluation Assessment and Project Ranking. Consultant shall document comments and prepare written summary of SAC Meeting#4. 4.6 Draft Recommended Neighborhood Trails Projects and Prioritization Report - Consultant shall develop a Draft Recommended Neighborhood Trails Projects and Prioritization Report. Draft Recommended Neighborhood Trails Projects and Prioritization Report must include both a map and list of Recommended Neighborhood Trails, Final Evaluation Assessment and Project Ranking, and summary of the evaluation and prioritization process. 4.7 Deliverable Distribution - City shall distribute Draft Recommended Neighborhood Trails Projects and Prioritization Report to the TAC and CAC, and request their written comments within two weeks. City shall provide comments to Consultant for revision of the document in Task 5. 4.8 Open House#2 - City shall conduct Open House#2 to present Draft Recommended Neighborhood Trails Projects and Prioritization Report. Consultant shall prepare large format graphics and informational handouts. Meeting structure shall be determined following Open House#l, but is currently envisioned to also occur at the Library to encourage public participation. Open House#2 must provide opportunities for citizen comment on Draft Recommended Neighborhood Trails Projects and Prioritization Report. Consultant shall document public comments and prepare a written summary. TASK 4 Deliverables City A. PMT Meeting#4 B. Field Verifications (beyond 50 sites) C SAC Meeting#4 D. Deliverable Distribution E. Open House#2 F. Consolidated City comments on consultant deliverables Consultant A. PMT Meeting#4 B. Draft and Final Evaluation Assessment and Project Ranking C. Field Verifications (up to 50 sites) D. SAC Meeting#4 - 29 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 E. Draft Recommended Neighborhood Trails Projects and Prioritization Report F. Open House#2 Schedule Complete by 7-9 months after notice to proceed TASK 5: REFINEMENT AND IMPLEMENTATION Task Objectives ♦ Finalize the Draft Recommended Neighborhood Trails Projects and Prioritization Report ♦ Prepare an Implementation Report to guide development of neighborhood trails. Subtasks 5.1 PMT Meeting#5 - PMT Meeting#5 is to direct the Task 5 work. 5.2 Final Recommended Neighborhood Trails Projects and Prioritization Report - Based on direction from the PMT, and incorporating input from the SAC and Open House#2, Consultant shall finalize the Recommended Neighborhood Trails Projects and Prioritization Report, including map and list of neighborhood trails projects. 5.3 Draft Implementation Report - Consultant shall prepare Draft Implementation Report. The Draft Implementation Report must include: i. Regulatory Amendments — Recommended specific policy and regulatory changes to the Tigard Comprehensive Plan and TSP, community development code, and public improvement design standards necessary to prioritize, program, fund and construct projects on the Final Recommended Neighborhood Trails Projects and Prioritization Report project list. Prepare adoption ready language, including strike-through and additions to existing Comprehensive Plan text. ii. Financial Strategy — Identification of existing, potential and anticipated sources for project funding to guide project programming. iii. Action Plan for project selection, programming, design and construction, and for periodic updating of the Final Recommended Neighborhood Trails Projects and Prioritization Report project list. The Action Plan must consider interim actions and improvements, and address right of way vacation, trail use of utility easements, and acquisition. (City shall provide information to the Consultant on its right-of-way vacation and land acquisition procedures.) 5.4 SAC Meeting#5 —City shall provide logistics. Consultant shall attend SAC Meeting#5 to present the Draft Implementation Report. Consultant shall prepare agenda, document comments and prepare a written summary. - 30 - TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 5.5 Final Implementation Report - At the direction of the PMT and incorporating input from the SAC, Consultant shall prepare Final Implementation Report. TASK 5 DELIVERABLES City A. PMT Meeting#5 B. SAC Meeting#5 C. Consolidated review and comments on Consultant deliverables Consultant A. PMT Meeting#5 B. Final Recommended Neighborhood Trails Projects and Prioritization Report C. Implementation Report D. SAC Meeting#5 Schedule Months 9-10 TASK 6: RECOMMENDED TIGARD NEIGHBORHOOD TRAILS PLAN Task Objective: Prepare a Recommended Plan and set the stage for City adoption of the Plan and amendments into the City Transportation System Plan, Community Development Code and Public Improvement Design Standards. Subtasks 6.1 PMT Meeting#6—The PMT shall meet to prepare for Task 6 work. 6.2 Draft Recommended Tigard Neighborhood Trails Plan - Consultant shall prepare Draft Recommended Tigard Neighborhood Trails Plan which integrates the final versions of technical memoranda, maps and reports produced throughout Project, and includes the following elements: a) Acknowledgements b) Table of Contents c) Introduction d) Summary of Planning Process, Public and Agency Involvement e) Project Vision and Guiding Principles f) Evaluation Criteria g) Neighborhood Trails Design Standards h) Recommended Neighborhood Trails and Prioritization Report i) Implementation Report j) List of Figures, Tables and Photographs k) Appendices - 31 - TGM Grant Agreement No. 25034 TGM File Code IL-07 EA#TGM8LA09 Consultant shall provide a hardcopy of the Draft Recommended Tigard Neighborhood Trails Plan to each member of the PMT, one CD to the City, and one CD to the WOCPM at least four weeks prior to the Joint Planning Commission-City Council Work Session. Based on PMT direction received within one week, Consultant shall prepare a revision and provide 1 hard copy and 1 CD to the City at least 10 days prior to the Joint Planning Commission and City Council Work Session. 6.3 Joint Planning Commission and City Council Work Session - City shall provide logistics for Joint Planning Commission and City Council Work Session. Consultant shall prepare and deliver a PowerPoint presentation at the workshop. The presentation must summarize the planning process and plan recommendations. City and Consultant shall lead a discussion to garner input. Consultant shall record comments and provide written summary. City shall distribute the Draft Recommended Tigard Neighborhood Trails Plan to participants in advance of the Work Session. 6.4 Final Recommended Tigard Neighborhood Trails Plan- At the direction of the PMT, Consultant shall prepare Final Recommended Tigard Neighborhood Trails Plan and provide copies as outlined in Deliverables Overview. TASK 6 DELIVERABLES City A. PMT Meeting#6 B. Joint Planning Commission and City Council Work Session. C. Consolidated review of draft Recommended Tigard Neighborhood Trails Plan. Consultant A. PMT Meeting#6 B. Draft and Final Recommended Tigard Neighborhood Trails Plan C. Joint Planning Commission and City Council Work Session Schedule Months 10-11 after notice to proceed CITY MATCH BUDGET Title Rate Hours Total Assoc Planner/GIS $39/hr 10 $390 Assoc Planner/L.Range $39/hr 200 $7,800 Eng.Project Manager $51/hr 20 $1,020 PW Parks Manager $49/hr 10 $490 Administrative $22/hr 40 $880 Assistant II City Direct Costs $500 $500 f Total Match 280 $11,080 - 32 - TGM Grant Agreement No, 25034 TGM File Code 1 L-07 EA#TGM8LA09 CITY ESTIMATE SUMMARY Tasks City 1. Project Management, $2,550 Interagency Coordination and Public Involvement 2. Existing Conditions $2,900 3. Neighborhood Trail Design $1,420 Standards and Evaluation Criteria 4. Neighborhood Trail Evaluation $1,100 and Ranking, and Recommended Projects 5. Refinement and Implementation $2,480 6. Recommended Tigard $630 Neighborhood Trails Plan TOTAL $11,080 CONSULTANT AMOUNT PER DELIVERABLE TABLE Deliverables Tasks Deliverable Amount 04 b$t':,,�,..:%t�r;gr nfiamr, y •T;,.-+.k�s'"?xRfl€e•.es b`", ,:�'�a"":"^f,.,'G •r::ter- »,i-; '? .y,. r.' „3:,,- 'x`'. ;K ;;c:^ ,.4,..'S'-".. . ; , •� ' ,,r ? .y q -y�.'•+�..::F - ,kE':i "+T;:'".,�'�' .N. �;I ea. � ,.e 1. a-.�v.s ��T;%. I.x,�,.. w°•M.r$ �,.II.arv'Fb�r�•i�7 ;.g :.a.,�,c. ,g,b �.�, _ $#,c�•5; �±t n.. w1- x'L ?' :. i`;..v•,�_•' ,,,�.w•,;,y-; -fie '"�"iw` 'ate-. :; ' ' ,3 „`•#. ?. 'x";,s.•,p` a.;•nk'.,.4.r.,'^� .3�*`a, ,,yk,..�sa. d. u .= .1t.::.. ,;:y. .�, �i':=:�-;µ00.,°x- , Y '. ., '.��.,w>_a;`:' ,h:t r- y.x:. '�.' ;s .; 'A'n'}%•� .St3 sy ,.iw<• ."r.'x__x;yT.Cxa-"i k;s� '•pdu;.., rv.�,`•.` :«:<i :�`w+":�r: h•-.r%2''. ?=,.r: :+4 'r�'[. :a.x.s:; `<. :t.f°,;:+. ..+�', fiR; � s,.•,i",. ' f'`d`4'„ ". -��,.-€v "„"". ..,' :'4,. r .r,.i `§c �r-„aE$'%:,..R .�7'A,E,N �w'�a,. .i+testa:?!, �, �,s. ��w,t�R:,�.�,y'�:��¢',:�..'xkc .. .?�,x •R. ,_'�-• •...0 'L' '1;._� �` ..� �y y �z�'` �."�- .Mt• "�,.'• �-.�' :r.` -�:.�:.r�.r... :nt—�.: a. ,fid. • .'�„< '�f. Rp., � ,i'.„ '�3'„�yr, ..i.�.,��”:�°', ,a ;:�fi� n e� ,"-�.,�c"4,•,.. _,a'�. 'F.�::..�,�i.,:.>,' ;�. �*+ n` s4+;"r.. „k�'tx� 'f .=�;�;+�$ 7.,c i�'u*..�},' � �:;'�".. . �t�zs �� S.�r•,�.�...,5 °�.���ra<,.-�' t :�^' .rd�n.- $f.<, a$� ��-• ��,�.a� ,a. ..f. "'t n, .3�+�'- �� - :�t'"?" ,�-"..'.y•:''Fxi :�`°�,;.. �'�'.#: 1�^�:_ �1 a�,:•a-.,: <: � ;ask==:1• W�P'ro ct'IYI -,� �°� ,,� �-.�,��:�'t- '� ,. �:,x:.,s;.w .3:d;f..+'r�bswex, '¢;G�i�d �"�� -„;v„r�,. ng;;, ,ytu�--'•'� �•;v�':`��,”:`::t:"53. s ';,?•f. `f :xi:'�`c'.�''"',x�� t.. =u�_�y'Y.,,. .�a"'� '`;�; k Mcx.9 sk..rM _� �.,'�':���a ., ;'.3,..,s`�,. 5 s" �:� :�.ti-r:• a x� !�<'� � ''�;'�^ �.f> .:}, r_ .gym_..::".; ,Vis: ,''�a',�;,: a � °�:w afr.•�ar;;. � R >>�Deliver=ables•.°�`"wig �.Coordtnatiori: iii � �';r���<��� �o�.��k; :- �., -�&�, k��:..�:���=y� o��:: d, � .. an �Pulili'c,Inuolvernent:��: ":� ,�: �:.,� fi �rrk�•,,: n�<_.,•�. ��r�,� ��. t�a»r:&s•.�.�o:G..:.r*_ar�.r.:.<'�'::a,':,K:k_. "<:E�..a.�. �:.a:�.R.�.r'a::�s.: rcvzr.:Y:if.a.:s+' „ } a�:.:;c:-,c:ra:,�;:�..?wm"*�,'sda.w.s�:"��'s6�.:'d4°5&�.:c"xm.^;:zr.'w:.a2..� 3�a''.�4'•�.i�.i��.: 5e6-a.�.��.'�:•_aa�.b."•'�.• A PMT Meeting#1 $1,494 B Work Schedule $815 C Draft and Final Project Vision and Guiding $1,899 Principles D SAC Meeting#1 $1,254 E PMT/SAC Field Trip $1,561 Subtotal Task 1 $7,023 ms's� '�,��,z,�^u .3> _�"'_ �' � `•=.';"':'<-�a,�r,• t�,��.,;;P:�%2;� ;<��' ....s;.3,-�:�. �`'Epx<a°' �, "` ,`r,'r � ,.''i""" :?;�'";:..r.... -a c A�-�s Taskl2{. Exi hn ;EC` =1. ., ,: „ : .. r ;� ,.. �• �: s,.:, ;�: ; �.���': _:, s g, ondihons�_�-�� �` g,. .r; � ;��• �: ,. �,C��=�,�:z�<.r..��;�� ,�. ��s:��.� � ��, ';en?:»}'�.;n_.�c,$...o'�,..Y `.� �".�Y� :,"tti'J-`�'' �t` 3' d2�'.,"..,,. .-'�. ,L. .1L A e.2:� .•f.t3_.�Sms >� a. _ •'�` .a`n't .,5,, �,:r ;s° .>a.:,a;;_Y<�aay ;� a�,'�..� .:;ms ':i�•'� ;���:�' �. .�rr�--..'r.?. :�=��. ,w. � g ..::.=8.,�a., ..�--,-�x� s"^ .�€''�-?:�'.?.�•. - �.>.ne,..., ...a...;..,:�;k •+s^..r.z',`�•,.�. ;,�; r;,.�;_ e:i«�.�.�,,..,, j:�;x.�::�'tib<.';:t; _�;::��`' ".-�t,�..i��.•�:tx.uc�z��'.'•,"-,t�'7 I:)G'13tvC:rableSR,`"�:.„;��x:�h. >,;�;° �_>r•;°'.; �;-�..:a..�9:.�. .3. "'f�„.: �_.�;; .,,.,,�y;Viz, `� .x .`,�• :�>.,r,� «.. ;; �; ��„ ,.�� e;.y-<: .a-.,:��`'�s��.�j a.�"..ti:, ','. i,�'t. ..a ti. ^4.•.*a .ate.-. v' ak.�'ci:�wxms+d�?���z�:�.�.a�"..::;5.`',i:'2'.r�”# A PMT Meeting#2 $1,494 B Base Maps $2,686 C Project Web-site $3,559 D Draft & Final Map of Access Gaps, Demand, $2,850 and Candidate Trails E Draft and Final Technical Memo #1 $2,985 F SAC Meeting#2 $1,254 G Draft and Final Potential Neighborhood Trails $1,896 H Review of Property Owner Survey & $145 Summary Report Subtotal Task 2 $16,869 - 33 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 CONSULTANT AMOUNT PER DELIVERABLE TABLE Deliverables Tasks Deliverable Amount ^'",�i: ,w-re"'6* t ✓� fi .v ^.,^n^y,,"'^'Fi•l`.. ',.r.n3y�^. "^Ca:'fs" k .' - �5 � "" �' r=�Deliuerables'��° h-� 'E�aluat�on�Cnte a ����� �- "�. , -,'�.' ', �''�, ` .� �:�; • � A PMT Meeting#3 $1,494 B Draft and Final Technical Memo #2 $3,592 C Draft and Final Evaluation Matrix $3,214 D SAC Meeting#3 $879 E Open House#1 $1,530 F Proposed Neighborhood Trails Map and $3,562 Inventory Subtotal Task 3 $14,271 a,�`;w r:�_ x :;�sv-,t�,'t-.;a ..m�-,�n,��tS"+°.,V ,�" .§�?��"s`"'.xP.:`?. �":TY..�v':'�'�*;a�t:'�., •`,: " `�?r;�:, __ ;sr�-' - .,�;�'o,'�i.�-, ,wC, . ti:;�u;q�'�.x' -. � �`�.a:s ;'��ra- ?�; � s.�i3.",�'".. �' n�`< _�`.�,.:�,-. �".E� ig"-..� •�;s. "ti �� a'�b` �k�.e%�>':; .;vi�'%' �a ��'*'�'m`':��;=L,�q' R�it'x.�'�.�'�£'„�.�'��^, `�{ s`'�i�i •v' '��.`--moi ^- •� `q� �- �-r.,� '' .;i�.�' .�� �:. �'�:a� ..�:' �7 p,:.a;.;,rnl.,, e. p� ,� � ,� �'- ay�'``•' �., +r�"' '-., :�;; ���3�.:^ A PMT Meeting#4 $1,299 B Draft and Final Evaluation Assessment and $3,498 Project Ranking C Field Verifications $8,886 D SAC Meeting#4 $879 E Draft Recommended Neighborhood Trails $2,483 Projects & Prioritization Report F Open House#2 $1,994 Subtotal Task 4 $19,039 .�-2NY-, 'L �L P'R�.' ��' 'f. ,.,.y,����l.r,',��:b%~ _- w .'tea,.' "•,�^ ."T }� Par-f:: HTask�Sg.; mxw -aRefinement ^.�.��, �,-.'�.',,`�.:�;; :?�'=.t�q a:.� -.*�s.`=.::�=s,�, s�-C.gr:• �,y�,,yi,•• ,ac.,;,,;;,v�5 .�5,:�;sy��, _E':z1.�_' a^n"�,r� :K,"`ty��'.�g�z `'��`':Wa��`� i?§ `''e ,a' j"? .�>°..,�,x� p'A"2`"a7<_ r� �n� � .�,`.. �}��.i Zi 4r�.�• nx-- :`� �.i¢i,£,*'�-�" z '�;:,"*� '4G ,�z,,'„°.z �'�.,, n�'a_:, ,h,,,.J: .�'�"^'`� 'x'u�k-'S�r ^� �c.', y�-,.��'�-•'�:.� 'p. A PMT Meeting#5 s $1,024 B Final Recommended Neighborhood Trails $2,541 Projects &Prioritization Report C Implementation Report $1,928 D SAC Meeting#5 $879 Subtotal Task 5 $6,372 �.,s•s ,-.,. ,�,�,.:.sr<.<. '`�° '+ ' ., a#;F7'r,-.+• .a,;!?„v?,�.:,t':�"'"z:,� ""`` ��e"n-�."~°.•�.,"�?�':'".� W.�a�-.m.�'v &. �.:'.:._ �..- �Tasle 6` � �' �>�.��RecominendedTrUpardNei� ,boyhood'':`-Trails "�F- x�- ��<< • •��� `��'° � ��:-�.�_'_� ��.,�: „-.�'.''�""''.. '"f-- �;;ruJ9t,�s,• .J�:#+` .5�h'fi. �:�c, ..;! ,�.�-:.st�e,-: _ -+�7,:� ;�.xxakxc';s;��,`�� a-.f,�;'-';�?�`,2;- -�a�.,5.,�,�r�Se •'e.- �. rra�s:'-+,> ..''�.=�'t '•7 '1: .,�>.. .-.?a+ ::�� ": x;'�i'c. r.",�`,. .5•,r. �� _'s;sg:7iFs=.-a.'�#.?`,�:�., >$� �� <,.,-.� ��,krs ��:���Pw±.�, �ts 5��,^a�',� ��,&?"a�...��#:��S,s� 7.�'e��i-.wl'�Sa'.�s��-• dk�'.R.. :.�k�.i�"F.:w"St:?.Sa:,"�1u�':?��i� wt��v-�sic�t:.-&��,.�ri°e`.��"a- '. "'C'•�',3�S+F`;�'�t4,.r"�^...'�a A PMT Meeting#6 $1,494 B Recommended Tigard Neighborhood Trails $2,606 Plan C Joint Planning Commission and City Council $1,905 Work Session _ Subtotal Task 6 $6,005 mo ^a, j ,s '� ,i�� "$Y�` rx*.��. . `�,mi.�'"�' £,+.:•�qt t�,^�4����-��...^,A .�@��g�.�-?�;i` ��.'-2• ::' ` ''+�.,'" '-,,�.�-!� '?:' � e..t. &-T3-a, p: - *"s;c�st�,�� ".`,g':.i•. '; "`e?.,ox,;,:' .kf �e �7d',„s,:l;F.:�yt�2'.. �_ - :i.>`ni ,l'z,• 5 Rk ,;''- ,..,-�,=`g,` . , ectTotal .. ,_. z;:;e ;. .. o- �... .: 3 '�\ �,;..M, a;a�.. .' .- •_a+� y"a`�.`..`,os��.�,�.d�'- ae•:r:,..." .�='�'3aet�,�,,,:�a'.,.., t�.' �,�, �r'nz�u��� "� - 34 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 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 CERTIFICATION(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 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 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 criminal offense in connection with obtaining, debarment,declared ineligible or voluntarily attempting to obtain or performing a public(federal, excluded from covered transactions by any Federal state or local) transaction or contract under a public department or agency; transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, 2. Have not within a three-year period preceding this forgery,bribery falsification or destruction of proposal been convicted of or had a civil judgment records,making false statements or receiving stolen rendered against them for commission of fraud or a property; Rev 5/10/2000 AGR.FEDCERT - 35 - TGM Grant Agreement No 25634 ' TGM File Code 1 L-07 EA#TGM8LA09 3. Are not presently indicted for or otherwise criminally certification,in addition to other remedies available or civilly charged by a governmental entity to the Federal Government or the Department may (federal,state or local)with commission of any of terminate this transaction for cause of default. the offenses enumerated in paragraph(1)(b)of this certification;and 4. The Contractor shall provide immediate written notice to the Department to whom this proposal is 4. Have not within a three-year period preceding this submitted if at any time the Contractor learns that application/proposal had one or more public its certification was erroneous when submitted or transactions(federal,state or local)terminated for has become erroneous by reason of changed cause or default. circumstances. Where the Contractor is unable to certify to any of the 5. The terms"covered transaction","debarred", statements in this certification,such prospective participant "suspended","ineligible","lower tier covered shall attach an explanation to this proposal. transaction","participant","person","primary covered transaction","principal", and"voluntarily List exceptions. For each exception noted, indicate to whom excluded",as used in this clause,have the meanings the exception applies,initiating agency,and dates of action. set out in the Defimtions and Coverage sections of If additional space is required,attach another page with the the rules implementing Executive Order 12549. following heading: Certification Exceptions continued, You may contact the Department's Program Section Contract Insert. (Tel. (503)986-3400)to which this proposal is being submitted for assistance in obtaining a copy EXCEPTIOINS: of those regulations. Exceptions will not necessarily result in denial of award,but 6. The Contractor agrees by submitting this proposal will be considered in determining Contractor responsibility. that,should the proposed covered transaction be Providing false information may result in criminal entered into, it shall not knowingly enter into any prosecution or administrative sanctions. lower tier covered transactions with a person who is debarred,suspended,declared ineligible or The Contractor is advised that by signing this contract, the voluntarily excluded from participation in this Contractor is deemed to have signed this certification. covered transaction,unless authorized by the Department or agency entering into this transaction. II. INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER 7. The Contractor further agrees by submitting this RESPONSIBILITY MATTERS—PRIMARY COVERED proposal that it will include the Addendum to Form TRANSACTIONS FHWA-1273 titled, "Appendix B--Certification Regarding Debarment, Suspension,Ineligibility and 1. By signing this contract, the Contractor is providing Voluntary Exclusion--Lower Tier Covered the certification set out below Transactions",provided by the Department entering into this covered transaction without modification, 2. The inability to provide the certification required in all lower tier covered transactions and in all below will not necessarily result in denial of solicitations for lower tier covered transactions. participation in this covered transaction. The Contractor shall explain why he or she cannot 8. A participant in a covered transaction may rely provide the certification set out below. This upon a certification of a prospective participant in a explanation will be considered in connection with lower tier covered transaction that it is not the Oregon Department of Transportation debarred,suspended,ineligible or voluntarily determination to enter into this transaction. Failure excluded from the covered transaction,unless it to furnish an explanation shall disqualify such knows that the certification is erroneous. A person from participation in this transaction. participant may decide the method and frequency by which it determines the eligibility of its 3. The certification in tins clause is a material principals. Each participant may,but is not representation of fact upon which reliance was required to,check the Nonprocurement List placed when the Department determined to enter published by the U. S. General Services into this transaction. If it is later determined that Administration. the Contractor knowingly rendered an erroneous Rev 5/10/2000 AGR.FEDCERT - 36 - TGM Grant Agreement No. 25034 TGM File Code 1 L-07 EA#TGM8LA09 9. Nothing contained in the foregoing shall be 4. The teens"covered transaction","debarred", construed to require establishment of a system of "suspended","ineligible","lower tier covered records to render in good faith the certification transaction","participant","person","primary required by this clause. The knowledge and covered transaction", "principal", "proposal", and information of a participant is not required to "voluntarily excluded",as used in this clause,have exceed that which is normally possessed by a the meanings set out in the Definitions and prudent person in the ordinary course of business Coverage sections of rules implementing Executive dealings. Order 12549. You may contact the person to which this proposal is submitted for assistance in 10. Except for transactions authorized under paragraph obtaining a copy of those regulations. 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier 5. The prospective lower tier participant agrees by covered transaction with a person who is submitting this contract that,should the proposed suspended,debarred, ineligible or voluntarily covered transaction be entered into, it shall not excluded from participation in this transaction, in knowingly enter into any lower tier covered addition to other remedies available to the Federal transaction with a person who is debarred, Government or the Department,the Department suspended,declared ineligible or voluntarily may terminate this transaction for cause or default. excluded from participation in this covered transaction,unless authorized by the department or III. ADDENDUM TO FORM FHWA-1273,REQUIRED agency with which this transaction originated. CONTRACT PROVISIONS 6. The prospective lower tier participant further agrees This certification applies to subcontractors,material by submitting this contract that it will include this suppliers,vendors,and other lower tier participants. clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary • Appendix B of 49 CFR Part 29- Exclusion--Lower Tier Covered Transaction", without modification, in all lower tier covered Appendix B--Certification Regarding Debarment, transactions and in all solicitations for lower tier Suspension, Ineligibility,and Voluntary covered transactions. Exclusion--Lower Tier Covered Transactions 7. A participant in a covered transaction may rely Instructions for Certification upon a certification of a prospective participant in a lower tier covered transaction that it is not 1. By signing and submitting this contract,the debarred,suspended, ineligible or voluntarily prospective lower tier participant is providing the excluded from the covered transaction,unless it certification set out below. knows that the certification is erroneous. A participant may decide the method and frequency 2. The certification in this clause is a material by which it determines the eligibility of its representation of fact upon which reliance was principals. Each participant may,but is not placed when this transaction was entered into. If it required to,check the nonprocurement list. is later determined that the prospective lower tier participant knowingly rendered an erroneous 8. Nothing contained in the foregoing shall be certification,in addition to other remedies available construed to require establishment of a system of to the Federal Government, the department or records to render in good faith the certification agency with which this transaction originated may required by this clause.The knowledge and pursue available remedies, including suspension information of a participant is not required to and/or debarment. exceed that which is normally possessed by a prudent person in the ordinary course of business 3 The prospective lower tier participant shall provide dealings. immediate written notice to the person to which this contract is submitted if at any time the prospective 9. Except for transactions authorized under paragraph lower tier participant learns that its certification was 5 of these instructions, if a participant in a covered erroneous when submitted or has become erroneous transaction knowingly enters into a lower tier by reason of changed circumstances. covered transaction with a person who is Rev 5/10/2000 AGR.FEDCERT - 37 - TGM Grant Agreement No 25034 TGM File Code 1 L-07 EA#TGM8LA09 suspended,debarred, ineligible or voluntarily entitled to rely on the accuracy,competence,and excluded from participation in this transaction,in completeness of Contractor's services. addition to other remedies available to the Federal Government, the department or agency with which V. NONDISCRIMINATION this transaction originated may pursue available remedies,including suspension and/or debarment. During the performance of this contract,Contractor, for himself,his assignees and successors in interest, Certification Regarding Debarment,Suspension, hereinafter referred to as Contractor, agrees as follows: Ineligibility,and Voluntary Exclusion--Lower Tier Covered Transactions, 1. Compliance with Regulations. Contractor agrees to comply with Title VI of the Civil Rights Act of a. The prospective lower tier participant certifies, 1964,and Section 162(a)of the Federal-Aid by submission of this proposal, that neither it Highway Act of 1973 and the Civil Rights nor its principals is presently debarred, Restoration Act of 1987. Contractor shall comply suspended,proposed for debarment,declared with the regulations of the Department of ineligible or voluntarily excluded from Transportation relative to nondiscrimination in participation in this transaction by any Federal Federally assisted programs of the Department of department or agency. Transportation,Title 49,Code of Federal Regulations,Part 21,as they may be amended from b. Where the prospective lower tier participant is time to time(hereinafter referred to as the unable to certify to any of the statements in this Regulations),which are incorporated by reference certification,such prospective participant shall and made a part of this contract. Contractor, with attach an explanation to this proposal, regard to the work performed after award and prior to completion of the contract work,shall not IV. EMPLOYMENT discriminate on grounds of race, creed,color,sex or national origin in the selection and retention of 1. Contractor warrants that he has not employed or subcontractors,including procurement of materials retained any company or person,other than a bona and leases of equipment. Contractor shall not fide employee working solely for Contractor, to participate either directly or indirectly in the solicit or secure this contract and that he has not discrimination prohibited by Section 21.5 of the paid or agreed to pay any company or person,other Regulations, including employment practices,when than a bona fide employee working solely for the contract covers a program set forth in Contractors,any fee,commission,percentage, Appendix B of the Regulations. brokerage fee,gifts or any other consideration contingent upon or resulting from the award or 2. Solicitation for Subcontractors, including making of this contract. For breach or violation of Procurement of Materials and Equipment. In all this warranting,Department shall have the right to solicitations,either by competitive bidding or annul this contract without liability or in its negotiations made by Contractor for work to be discretion to deduct from the contract price or performed under a subcontract, including consideration or otherwise recover,the full amount procurement of materials and equipment,each of such fee,commission,percentage,brokerage fee, potential subcontractor or supplier shall be notified gift or contingent fee. by Contractor of Contractor's obligations under this contract and regulations relative to 2. Contractor shall not engage,on a full or part-time nondiscrimination on the grounds of race,creed, basis or other basis,during the period of the color,sex or national origin. contract,any professional or technical personnel who are or have been at any time during the period 3. Nondiscrimination in Employment(Title VII of the of this contract,in the employ of Department, 1964 Civil Rights Act). During the performance of except regularly retired employees,without written this contract,Contractor agrees as follows: consent of the public employer of such person. a. Contractor will not discriminate against any 3. Contractor agrees to perform consulting services employee or applicant for employment because with that standard of care,skill and diligence of race,creed,color,sex or national origin. normally provided by a professional in the Contractor will take affirmative action to performance of such consulting services on work ensure that applicants are employed, and that similar to that hereunder. Department shall be employees are treated during employment, Rev 5/10/2000 AGR.FEDCERT - 38 - • TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 without regard to their race,creed,color,sex or direction,Department may,at its option,enter into such national origin. Such action shall include,but litigation to protect the interests of Department,and, in not be limited to the following: employment, addition,Contractor may request Department to enter upgrading,demotion or transfer;recruitment or into such litigation to protect the interests of the State of recruitment advertising; layoff or termination; Oregon. rates of pay or other forms of compensation, and selection for training, including VI. DISADVANTAGED BUSINESS apprenticeship. Contractor agrees to post in ENTERPRISE(DBE)POLICY conspicuous places, available to employees and applicants for employment,notice setting forth In accordance with Title 49,Code of Federal the provisions of this nondiscrimination clause. Regulations,Part 26,Contractor shall agree to abide by and take all necessary and reasonable steps to comply b. Contractor will,in all solicitations or with the following statement: advertisements for employees placed by or on behalf of Contractor,state that all qualified DBE POLICY STATEMENT applicants will receive consideration for employment without regard to race,creed, DBE Policy. It is the policy of the United States color,sex or national origin. Department of Transportation(USDOT) to practice nondiscrimination on the basis of race,color,sex 4. Information and Reports. Contractor will provide and/or national origin in the award and administration all information and reports required by the of USDOT assist contracts. Consequently,the DBE Regulations or orders and instructions issued requirements of 49 CFR 26 apply to this contract. pursuant thereto,and will permit access to his books,records,accounts,other sources of Required Statement For USDOT Financial information,and his facilities as may be determined Assistance Agreement. If as a condition of assistance by Department or FHWA as appropriate,and shall the Agency has submitted and the US Department of set forth what efforts he has made to obtain the Transportation has approved a Disadvantaged Business information. Enterprise Affirmative Action Program which the Agency agrees to carry out, this affirmative action 5. Sanctions for Noncompliance. In the event of program is incorporated into the financial assistance Contractor's noncompliance with the agreement by reference. nondiscrimination provisions of the contract, Department shall impose such agreement sanctions DBE Obligations. The Oregon Department of as it or the FHWA may determine to be Transportation(ODOT)and its contractor agree to appropriate, including,but not limited to: ensure that Disadvantaged Business Enterprises as defined in 49 CFR 26 have the opportunity to a. Withholding of payments to Contractor under participate in the performance of contracts and the agreement until Contractor complies, and/or subcontracts financed in whole or in part with Federal funds. In this regard,Contractor shall take all b Cancellation,termination or suspension of the necessary and reasonable steps in accordance with agreement in whole or in part. 49 CFR 26 to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and 6. Incorporation of Provisions. Contractor will perform contracts. Neither ODOT nor its contractors include the provisions of paragraphs 1 through 6 of shall discriminate on the basis of race,color,national this section in every subcontract, including origin or sex in the award and performance of procurement of materials and leases of equipment, federally-assisted contracts. The contractor shall carry unless exempt from Regulations,orders or out applicable requirements of 49 CFR Part 26 in the instructions issued pursuant thereto Contractor award and administration of such contracts. Failure by shall take such action with respect to any the contractor to carry out these requirements is a subcontractor or procurement as Department or material breach of this contract,which may result in FHWA may direct as a means of enforcing such the termination of this contract or such other remedy as provisions, including sanctions for noncompliance; ODOT deems appropriate. provided,however, that in the event Contractor becomes involved in or is threatened with litigation The DBE Policy Statement and Obligations shall be with a subcontractor or supplier as a result of such included in all subcontracts entered into under this contract. Rev 5/10/2000 AGR.FEDCERT - 39 - TGM Grant Agreement No. 25034 TGM File Code 1L-07 EA#TGM8LA09 influence an officer or employee of any Federal Records and Reports. Contractor shall provide agency,a Member of Congress,an officer or monthly documentation to Department that it is employee of Congress or an employee of a Member subcontracting with or purchasing materials from the of Congress in connection with the awarding of any DBEs identified to meet contract goals.Contractor Federal contract,the making of any Federal grant, shall notify Department and obtain its written approval the making of any Federal loan,the entering into of before replacing a DBE or making any change in the any cooperative agreement,and the extension, DBE participation listed. If a DBE is unable to fulfill continuation,renewal,amendment or modification the original obligation to the contract,Contractor must of any Federal contract,grant, loan or cooperative demonstrate to Department the Affirmative Action agreement. steps taken to replace the DBE with another DBE. Failure to do so will result in withholding payment on 2. If any funds other than Federal appropriated funds those items. The monthly documentation will not be have been paid or will be paid to any person for required after the DBE goal commitment is satisfactory influencing or attempting to influence an officer or to Department, employee of any Federal agency, a Member of Congress,an officer or employee of Congress or an Any DBE participation attained after the DBE goal has employee of a Member of Congress in connection been satisfied should be reported to the Departments. with this agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form DBE Definition. Only firms DBE certified to Report Lobbying",in accordance with its by the State of Oregon,Department of Consumer& instructions. Business Services,Office of Minority,Women& Emerging Small Business, may be utilized to satisfy This certification is a material representation of fact this obligation. upon which reliance was placed when this transaction was made or entered into. Submission of this CONTRACTOR'S DBE CONTRACT GOAL certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, DBE GOAL 0 % U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not By signing this contract,Contractor assures that good less than$10,000 and not more than$100,000 for each faith efforts have been made to meet the goal for the such failure. DBE participation specified in the Request for Proposal/Qualification for this project as required by The Contractor also agrees by signing this agreement ORS 200.045,and 49 CFR 26.53 and 49 CFR,Part 26, that he or she shall require that the language of this Appendix A. certification be included in all lower tier ' subagreements,which exceed$100,000 and that all VII. LOBBYING such subrecipients shall certify and disclose accordingly. The Contractor certifies,by signing this agreement to the best of his or her knowledge and belief, that: FOR INQUIRY CONCERNING ODOT'S 1. No Federal appropriated funds have been paid or DBE PROGRAM REQUIREMENT will be paid,by or on behalf of the undersigned, to CONTACT OFFICE OF CIVIL RIGHTS any person for influencing or attempting to AT (503)986-4354. Rev 5/10/2000 AGR.FEDCERT - 40 - e 1 TGM Grant Agreement No 25034 TGM File Code 1L-07 EA#TGMSLA09 EXHIBIT D ELIGIBLE PARTICIPATING COST t I DESCRIPTION I PERSONNEL SERVICES j Salaries - Straight time pay for regular working hours in a monthly period_ Includes standard'labor distributions like Social Security Taxes, Workers'Compensation Assessments and Medical, Dental, Life Insurance- Excludes mass :transit tax, vacation leave, sick leave and compensatory time taken. Overtime -Payments to employees for work performed.in excess of their regular work shift_ ! Shift Differential -Payments to employees, in addition to regular pay, for shift differential work as descrbed in labor contracts or Personnel Rules. t riavel Differential -Payments to employees, in addition to regular pay, for travel time to and from work on projects in excess and beyond an 8 hour day as described in labor contracts or Personnal Rules. i l l I SERVICES AND SUPPLIES iln-State Travel -Per Rates Identified in State Travel Handbook Meals & Misc. - Payment for meals incurred while traveling within the State of Oregon- — Lodging &Room Tax -_Payment for lodging, including room taxes, incurred while traveling_within the State of Oregon. `Fares, Taxi, Bus, Air, Etc_ ;Per Drem - Payment for per diem, incurred while traveling within the State of Oregon_- ;Other - Payment for other miscellaneous expense, incurred while traveling within the State of Oregon_ `Pavy-te Car lvfileage Payment for private car mileage while traveling within the State of Oregon_ i Office Expense _ Direct Project Expenses Including._ _ _ _ _ _ _ ___ _ _ I Photo,Video ° hficrofilm Suopties - Payment for photography,+r7dea and microfilm supplies such as film for cameras, blank video tapes, storage folders, etc ?Printing, Reproduction &Duplication -Expenditures for services to copy, print, reproduce and/or duplicate doc_urnents. ?Postage -Payment for direct project postage,_ _ iFre(ght& Express lvfail _Payment for direct project freight services on outgoing shipments_ — _ _- _ ------ communications communications Phone Tot1 Charges(tong-distanced -Payment for telphone long distance charges. _.. .__ ;Publicity & Publication iPublish & Print Photos - Payment for printing and publishing photographs to development of publicity and publications.; Conferences (costs to put on conference or seminars} ;Equipment $25t3r $4,999 :PLOT ELIGIBLE E iEmployee Training,-Excluding Travel i NOT ELIGIBLE ITraining In-State Travel lINOT ELIGIBLE - - - - - - I CAPITOL OUTLAY INOT ELIGIBLE - 41 -