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ODOT - Greenway Trail System Master Plan TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 INTERGOVERNMENTAL AGREEMENT City of Tigard, Tigard Greenway Trail System Master Plan 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"). 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, 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: 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. - 1 - TGM Grant Agreement No.26767 TGM File Code 1H-09 EA#TGM9LA12 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. L "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. 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. - 2 - TGM Grant Agreement No. 26767 TGM File Code 114-09 EA#TGM9LA12 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, 2011 ("Termination Date"). B. Grant Amount. The Grant Amount shall not exceed $99,700. C. City's Amount. The City's Amount shall not exceed $0. D. Consultant's Amount. The Consultant's Amount shall not exceed $99,700. E. City's Matching Amount. The City's Matching Amount is $15,770 or 13.66% 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. 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. - 3 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 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: I. 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. 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. - 4 - TGM Grant Agreement No. 26767 TGM File Code 1 H-09 EA#TGM9LA12 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. 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: - 5 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 (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. (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 - 6 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 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; (c) A list of final deliverables; and (d) City's final disbursement request. - 7 - TGM Grant Agreement No.26767 TGM File Code 1H-09 EA#TGM9LA12 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 (A) and (B) 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. 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 - 8 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 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. 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. - 9 - TGM Grant Agreement No.26767 TGM File Code 1H-09 EA#TGM9LA12 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(J), 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 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. - 10 - TGM Grant Agreement No.26767 TOM Pile Code 1H-09 EA#TGM9LA12 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. G. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when,taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to-the same counterpart, Each copy of this Agreement so executed shall constitute an original. On December 29, 2008, 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 September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Highways; Deputy Director, Central Services and the Chief of Staff, to approve and,sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission such as the Oregon Traffic Safety Performance Plan, or in a line item in the biennial budget approved by the Director. The Director may also delegate to other Administrators the authority to execute intergovernmental agreements over $75,000 for specific programs such as transportation safety, growth management and public transit. - 11 - TOM Grant Agreement No.26767 TOM File Code 1H-09 EA#TGM9LA 12 City city ofy-11 By: D ficial's Signature) (Printed Name and Title of Official) Date:-051 1 ) f x-1010 ODOT STATE OF OREGON, by and through its Department of Transp rtation 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: duane®tigard-or.us Seth Brumley,Contract Administrator Transportation and Growth Management Program 123 NW Flanders Portland,OR 97209-4037 Phone: 503-731-8234 Fax: 503-731-3266 E-Mail: Seth.A.BRUMLEY®odot,state.or.us - 12 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 EXHIBIT A STATEMENT OF WORK TIGARD GREENWAY TRAIL SYSTEM MASTER PLAN TGM 1H-09 Definitions Agency/ODOT—Oregon Department of Transportation City—City of Tigard GIS —Geographic Information System ORNHIC— Oregon Natural Heritage Information Center PMT—Project Management Team Project—Tigard Greenway Trail System Master Plan project SAC— Stakeholder Advisory Committee TGM—Transportation and Growth Management TSP —Transportation System Plan USFWS—U. S. Fish and Wildlife Service WOC—Work Order Contract WOCPM—Work Order Contract Project Manager This statement of work describes the responsibilities of all entities involved in this cooperative proj ect. 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 Oregon Department of Transportation (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. 26767 TGM File Code 1H-09 EA#TGM9LA12 1. At the first sign of non-cooperation, the Consultant shall provide written notice(email acceptable) to 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. Key Personnel. Contractor acknowledges and agrees that Agency selected Contractor, and is entering into this Contract,because of the special qualifications of Contractor's key people. In particular, Agency through this Contract is engaging the expertise, experience,judgment, and personal attention of Elizabeth Wemple, Kittelson&Associates; Mike Tresidder and Hannah Kapell, Alta Planning+Design(collectively "Key Personnel" or individually "Key Person"). Contractor's Key Personnel shall not delegate performance of the management powers and responsibilities he/she is required to provide under this Contract to another(other) Contractor employee(s) without first obtaining the written consent(email acceptable) of Agency. Further, Contractor shall not re-assign or transfer a Key Person to other duties or positions such that a Key Person is no longer available to provide Agency with his/her expertise, experience,judgment, and personal attention, without first obtaining Agency's prior written consent to such re-assignment or transfer. In the event Contractor requests that Agency approve a re-assignment or transfer of a Key Person, Agency shall have the right to interview, review the qualifications of, and approve or disapprove the proposed replacement(s) for the Key Person. Any approved substitute or replacement for a Key Person shall be deemed a Key Person under this Contract." Project Purpose/Transportation Relationship and Benefits The purpose of the Transportation and Growth Management (TGM) Tigard Greenway Trail System Master Plan project(Project) is to coordinate the completion and upgrading of the mapped City of Tigard's (City) greenway trail system. The Tigard trail system includes portions of four regional, or Metro-identified, trails and three City-identified trails. The regionally significant Westside Trail, extending between the Willamette and Tualatin Rivers, is the subject of a separate multi-jurisdictional, Metro-sponsored master planning effort. As such, the Tigard portion of this trail is not included in this Project of the present study. The Project will provide - 14 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 greater level of detail on goals, existing conditions, feasibility, and cost of completing the six other mapped trails within the City's official greenway trail network. The Project is part of an overall goal to increase the number of people walking and biking for transportation purposes in Tigard by providing pleasant and uninterrupted greenway trails for these non-vehicular modes. Project Area The Project Area is the area within the city limits. However, opportunities and needs for greenway trails connections extend outside the city limits and those connections or areas will need to be considered. The focus of the Project Area will be refined as trail improvement needs are identified. Background City is a rapidly growing community covering some 11.5 square miles. Current(2008) population is estimated at 47,150. 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. 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. In 2009, financed by a TGM grant, the City completed the Neighborhood Trails Plan. The purpose of this plan was 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. Neighborhood Trails are of most interest to residents who live nearby. The opportunities identified in the Neighborhood Trail Plan augment, rather than replace, a citywide off-street system of greenway trails. Both trail types enhance connectivity and facilitate walking and biking. The main difference between the two is that Neighborhood Trails generally are short, averaging a half block in length, and are designed to enable and facilitate non- vehicular travel within neighborhoods. Greenway trails, on the other hand, are the main roads or highways of trails. They connect different parts of the same city and, in the case of"regionally significant" greenway trails, tie together one or more different cities. The Fanno Creek Trail, for example, travels though five cities. Both neighborhood and greenway trails serve recreation and transportation functions. The main difference is that greenway trails provide the potential for much longer non-vehicular trips. The purpose of this Project is to facilitate completion of the Tigard greenway trail system by providing the site-specific, technical information needed to design and build infill projects. The emphasis is on timely, practical, and solutions-oriented information needed for closing trail gaps in an existing, well-defined,but semi-developed greenway trail network. It is not on the more - 15 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 general, higher altitude information of the kind needed for laying out a brand new greenway trail system. Another purpose is to better integrate the greenway trail system with the on-street system to provide a complete active transportation system. This integration is proposed to include improved connections to schools, parks, and shopping areas. Very importantly, it includes more convenient and direct bike/ped access to the Tigard Commuter Rail and bus transit station. Better transit center access will help ensure a return on the $166 million in federal, state, and local dollars invested in WES construction. As noted, City's greenway trail system includes seven trails, four of which are designated as regionally significant. The latter include the Fanno Creek, Westside, Washington Square Loop, and Tualatin River Trails. These are all greenway trails that interconnect with or form parts of longer regional trails. The Tigard system also includes the Pathfinder-Genesis, Summer Creek, and Krueger Creek Trials. These are City- identified trails that do not form portions of regional trails and do not interconnect with trails located outside the City. These seven trails make up the City's official greenway trail system. They are intended to be multi-model and shared use, serving walkers and cyclists. The surfacing materials of existing greenway trail segments are concrete, asphalt, and gravel. City's official trails are in various stages of completion. The Tualatin River and Fanno Creek Trails, identified in the City's first Comprehensive Plan as the"backbone" of the City's trail system, are approximately 85% and 60% completed, respectively. At the other end of the scale, the Krueger Trail and Washington Square Loop Trails exist only as lines on the City trail map with no sections designed or installed, as yet. Altogether, approximately nine miles of trail have been completed within the City since its incorporation. In recent years, the main focus of trail efforts has been on the completion of the Fanno Creek Trail, with a priority on infilling gaps between existing segments. To facilitate the completion of the greenway trail system and enhance connectivity, there is a strong need to create a plan and schedule of actions for the closing of significant gaps. These gaps in the greenway system become more important as land development and activity grow, creating increased demands for an integrated pedestrian system and network of continuous trails. The purpose of this Project is to facilitate completion of the greenway trail system by providing the timely and practical information needed for filling trail gaps. In addition to providing an inexpensive transportation option, Greenway trails promote a healthy lifestyle and contribute to air quality by providing an alternative to the automobile. Like the recently completed Neighborhood Trail Study, the 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. - 16 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 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 • 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. Additionally, address the Metro Regional Framework Plan goals for high quality pedestrian environment and convenient access to transit. • Enhance opportunities for walking, bicycling, and using transit by identifying, developing, and prioritizing greenway trail improvement projects needed to complete the greenway trail system. • Identify and evaluate alternative alignments for closing trail gaps. Include feasibility and cost information. • Map general and specific locations for potential new greenway trails, if any. Follow Metro's trail GIS data standards. • Map general and specific locations for integrated connections to on-street bike/ped facilities. • Establish a greenway trail classification system and associated standards relating to width, surface, lighting and other design features. The system and standards should be devised in accordance with Metro's Regional Trails Design Guidelines and Green Trails Guidelines handbooks. • Set the framework for implementation through recommended revisions to the City's TSP, Capital Investment Plan, and engineering and development standards. Deliverables Overview • Text deliverables must be prepared in MS Word. • Drawings and illustrations must be prepared in software compatible with AutoCAD Version 2005 or earlier, compatible with Microstation. All graphics must be provided to City and WOCPM in electronic and hard copy. • Map deliverables must be provided in ESRI ArcGIS format. All trail data must use Metro's Trail GIS Data Standards. • Consultant is responsible for providing meeting handout materials and informational content for City's public outreach materials. • City shall provide all meeting logistics, including arranging meeting location and scheduling. Consultant shall attend all meetings listed in the statement of work, prepare agendas and written summaries, and shall lead discussion of technical issues and analyses. With the exception of PMT Meeting#1, PMT and Stakeholder Advisory Committee (SAC) meetings must be held on the afternoon and evening respectively on the same day for efficiency. • Consultant shall produce 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. - 17 - TGM Grant Agreement No.26767 TGM File Code 1 H-09 EA#TGM9LA12 • Unless otherwise stated in the following tasks, Consultant shall e-mail draft deliverables to City Project Manager and WOCPM; City shall distribute to the SAC 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 SAC meetings. Consultant shall provide revised documents to the Project Management Team(PMT). City shall provide revised Technical Memos and other deliverables to the SAC. • 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 Greenway Trails Master Plan in the form of specific language amendments to the relevant planning documents and engineering specifications that are sufficient to implement. The Final Recommended Tigard Greenway Trails Master Plan must be presented in the form of additions and deletions to relevant portions of the existing comprehensive plan, TSP, and ordinance text. The amendments must also specify existing plan or ordinance language that needs to be modified or deleted because it conflicts with the proposed amendment. "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. It also means the design and cost detail needed to fund, engineer, and build infill projects. • 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 or updates in funding estimates. Amendments to implementing land use ordinances will ordinarily include new or amended standards. Recommended policies or decisions must be presented in the form of final policy decisions for adoption by City and expressed as City policy statements. • All trail connection alignment and design work must be performed or supervised by a professional engineer or landscape architect registered in the State of Oregon. Additionally, all such trail work must include preliminary cost estimates plus the identification of design problems or issues, if any, associated with such work. • As part of all alignment and design work undertaken for Project, the Consultant shall perform environmental planning to: 1) address the natural resource conflicts inherent in retrofitting trails within narrow riparian corridors bordered by development, 2) identify the occurrence within corridors of any species protected by the federal or state Endangered Species Act, and any other sensitive species or species of concern such as the Western Pond Turtle and Red Legged Frog, or those vulnerable to human contact or disturbance 3) identify the locations of sensitive habitats including potential wetlands, waters, and other wildlife habitats located within the proposed corridors, and 4) highlight local, Clean Water Services, Metro, state, and federal permit requirements tied to or acting to constrain all proposed alignment and design work. - 18 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 • Consultant shall provide one electronic and one hard copy of each interim deliverable to City and WOCPM. • General accessibility considerations must be included as part of any alignment or design work. This must not be limited to a narrow consideration of ADA requirements, but must include a broader focus on the trail user experience, such as, for example, for someone pushing a baby stroller or with limited,but not ADA-level, mobility. Further, percentage grade should be included as a consideration in the ranking or prioritization of projects. • 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." Public Involvement Overview • Public Involvement must allow the community an opportunity to provide input into the updated bicycle and pedestrian planning process. City shall consider environmental justice issues, which is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of people, including a racial, ethnic, or a socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies. Meaningful involvement means that: (1)potentially affected community residents have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health; (2) the public's contribution can influence the regulatory agency's decision; (3) the concerns of all participants involved will be considered in the decision making process; and (4) the decision makers seek out and facilitate the involvement of those potentially affected. • The public involvement program must include specific steps to provide opportunities for participation by federal Title VI communities. City and Consultant shall utilize the ODOT Title VI (1964 Civil Rights Act) Plan guidance to identify Title VI populations, formulate public involvement strategies, and report outreach efforts to and participation by Title VI communities. - 19 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 STATEMENT OF WORK TASK 1: PROJECT MANAGEMENT, INTERAGENCY COORDINATION AND PUBLIC INVOLVEMENT Task Objectives ♦ Set the context for the Project by defining a vision for the greenway trail system. ♦ Provide a structure for staff, citizen and partnering agencies to engage in the greenway 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 the Project responds to community values and issues. ♦ Ensure the 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 of this scope of work, typically at the beginning of each task, either at the City or by conference call, 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 Draft Project Work Schedule- Consultant shall prepare a draft Work Schedule, a schedule of activities including target dates for PMT, SAC meetings and community workshops for discussion at PMT Meeting#1. The schedule must be produced in Microsoft Word or Microsoft Excel. 1.3 PMT Meeting#1/Work Schedule—PMT Meeting#1 must be held at the City. The purpose of PMT Meeting#1 is to assure that the City's Project Manager, Consultant and key City personnel involved clearly understand Project Objectives, statement of work, roles, assignments, and deliverables. A process for review and feedback between City, Consultant, WOCPM, SAC, and the public to be implemented throughout the Project must be established. PMT shall discuss if additional Background Documents and Data beyond that in 1.3 needs to be provided to Consultant by the City. PMT shall confer on desirable SAC participants, discuss the content of materials for the SAC Meeting#1, and discuss the draft Work Schedule. - 20 - TGM Grant Agreement No. 26767 TGM File Code I H-09 EA#TGM9LA12 1.4 Final Project Work Schedule - Within 2 weeks following PMT Meeting#1, Consultant shall provide a final Work Schedule in Microsoft Excel or Microsoft WORD, reflecting PMT discussion. 1.5 Background Documents and Data—City shall provide the Background Documents and Data to the Consultant within two weeks following PMT Meeting#1. Preliminary list of items includes: i. Tigard Comprehensive Plan ii. Tigard Transportation System Plan iii. Tigard Park System Master Plan iv. Tigard Neighborhood Trails Plan V. Tigard Bike Routes Map vi. Tigard Roadway Engineering Standards vii. Site plans for in-process greenway trail projects viii. Metro Fanno Creek Trail Action Plan ix. Metro Green Trails: Guidelines for Environmentally Friendly Trails X. Metro Regional Trails Design Guidelines Handbook(available in draft form) xi. Tigard Trail User Count/Survey Results xii. Available City Geographic Information System (GIS) layers xiii. Trail User Survey (The count and survey were conducted using the methodology, forms, and training materials developed for the 2009 National Count/Surveys Days) xiv. Lower Fanno Creek Park, Schematic Design XV. Tigard Trail System Update xvi. Bike Tigard Map xvii. Oregon Bicycle and Pedestrian Plan xviii. Metro Regional Signage Plan 1.6 SAC Roster- City shall invite Agency and citizen stakeholders to participate in SAC to serve as combination Technical and Citizen Advisory Committees and prepare a SAC Roster. SAC is expected to 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; Washington County Bicycle Transportation Coalition or Bicycle Transportation Alliance; Metro; and ODOT. SAC must include at least one representative from the Friends of Tigard-Bull Mountain Trails. SAC shall meet to review and provide input on interim and final reports, as described in subsequent tasks. 1.7 Draft Project Statement— Consultant shall prepare Draft Project Statement based on the background issues and project objectives identified in this statement of work. The purpose of the document is to explain the project purpose, provide an overview of project tasks, describe desired outcomes, and identify the connection between the Tigard Greenway Trail System Master Plan and the regional trail planning vision. draft - 21 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 Project Statement must be presented in language easily understandable to both citizens and participating agencies. 1.8 SAC Meeting#1 —City shall organize and Consultant shall facilitate SAC Meeting#1 to kick-off Project. City shall overview the Work Schedule, review the ground rules that apply to SAC deliberations, and explain the project purpose. Consultant shall present draft Project Statement 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, document SAC comments, and prepare meeting summary. 1.9 Trail User Presentation- City shall provide a summary of results of the Tigard greenway trail user count and survey conducted in September 2009 in conjunction with National Count/Survey Days. 1.10 Final Project Statement- Consultant shall revise Project Statement based on the comments provided by the PMT and SAC. In addition to a Microsoft Word deliverable, the Consultant shall format the final Project Statement as a hand-out with high-quality graphic design for posting on the City's website and distribution at public events. TASK 1 DELIVERABLES City A. PMT and SAC Rosters B. PMT Meeting#1 C. Background Documents and Data D. SAC Meeting#1 E. Trail User Presentation Consultant A. PMT Meeting#1 B. Draft and Final Work Schedule C. Draft Project Statement D. SAC Meeting#1 E. Final Project Statement TASK 2: EXISTING CONDITIONS; CLASSIFICATION SYSTEM, AND GENERIC GREENWAY TRAIL QUESTIONS Task Objectives • Prepare accurate, up-to-date, and practical information and maps necessary to assess existing and future conditions related to completing the City's official greenway trail system. Trail GIS data must be consistent with Metro's Trail GIS Data Standards. • Identify gaps in the greenway trail system. • Gather input from project SAC and other interested parties regarding potential pathway - 22 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 alignments to close trail network gaps. • Assess the feasibility and cost of completing the greenway trail system by closing identified gaps. 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, or compatible software, 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, some 40-45% of the overall area depicted at this scale and sheet size is land located outside the Project Area boundary. Consultant shall delete areas outside of the Project Area boundary, as deemed appropriate by PMT at PMT Meeting#2. The following information must be summarized: i. Parcel lines. ii. Existing and planned streets, bike lanes/routes, sidewalks, and transit stops/stations. Among others, planned improvements, include 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. Existing and proposed greenway trails and on-street connections designated as regional trails. Follow Metro's Trail GIS Data Standards in depicting regional trails. 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. Developed and undeveloped parcels (City shall use aerial photos to confirm). ix. Vegetative character of areas (City shall use aerial photos to confirm). X. Zoning xi. Results of the recent manual count and user survey conducted at five points along the Fanno Creek, Tualatin River, and Pathfinder/Genesis Trails as part of the 2009 National Count/Surveys Days. Consultant shall rely on already existing GIS files provided by the City or Metro as part of Background Documents and Data; Consultant will not perform data collection as part of this subtask. Note: With the exception of the 2009 count and survey information, all of - 23 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 this data was mapped as part of the recently-completed Neighborhood Trail Plan. This data must be revised and updated by City as needed for use in Project. 2.3 Project Website—Consultant shall develop a Project Website. The Project Website must include a mapping function allowing the public to submit comments and proposed infill alignments interactively. The Project Website must also be used to post project notices, schedules, and deliverables, as deemed appropriate by the PMT. 2.4 Draft Map of Greenway Trail Gaps and Preliminary Infill Alignment Options—Based on information provided by the City and Metro, and following Metro's Trail GIS Data Standards, Consultant shall develop a GIS layer and produce a draft map of Greenway Trail Gaps and Preliminary Infill Alignment Options to aid discussion in the following tasks. The alignment options may include on-street options. Draft Map of Greenway Trail Gaps and Preliminary Infill Alignment Options may be multiple map sections or provided on aerial photos if City, WOCPM, and Consultant agree the information is better presented that way 2.5 Draft Technical Memo #1: Existing Conditions and Specific Issues Report- Per direction of the PMT at PMT Meeting#2, Consultant shall prepare draft Technical Memo #1: Existing Conditions and Specific Issues Report detailing relevant bicycle and pedestrian facilities and land use conditions within Project Area. Draft Technical Memo #1 need not incorporate all information from Base Maps and draft Map of Greenway Trail Gaps and Preliminary Infill Alignment Options, but must include: • summary information on existing on-street, on-greenway, and neighborhood bike/pedestrian facilities • physical conditions of existing trails, based on data provided by the City • identification of gaps in official greenway trail system • qualitative assessment of well-served and under-served areas and destinations in terms of greenway trail connections • opportunities and constraints (e.g. topography, built environment; authorized and unauthorized rail crossings) for additional greenway trails to improve connectivity. • document existing plans and policies through a summary of documents provided by the City through Task 1.5, including Tigard TSP policies and other information, such as environmental and regulatory rules, pertinent greenway trails and potential projects affecting the greenway networks. In addition, Technical Memorandum#1 must include analysis to address the following issues: • Define the purpose of each trail in Tigard's official trail system and develop a draft classification, vision and purpose statement for each based on Tigard TSP and Park System Master Plan goals and policies. - 24 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 • What are the other facility improvement needs (lighting, benches, picnic tables, garbage containers, etc.), if any, of the existing trail system? What is the standard for the Regional trail system? Lighting standards proposed should be to a scale appropriate for bike and pedestrian traffic, and include consideration to facilitate all- day use and increase trail user safety. • Most trails in the Tigard Greenway Trails are 8' wide. Can any portions of existing pathway segments be widened to 10' in order to accommodate increased use and, in the case of the Fanno Creek and Tualatin River Trails, meet the width standard for the Regional Trail System? • Consideration of needs and opportunities for adjoining hard and soft trails, such as along the Cook Park/Ki-A-Kuts Bridge section of the Tualatin River Trail. Any additional issues identified will be considered beyond the scope of this contract. Draft Technical Memo #1 must be prepared based on information available from the City and must reference the GIS layer/map layer prepared in subtask 2.4 and accompanying data table. Any proposed trail alignments must be based on the Base Maps and field work conducted by the City. No field work will be conducted by the Consultant for this task. 2.6 SAC Meeting#2—City shall organize and Consultant shall facilitate SAC Meeting#2 to present draft Technical Memo #1 and Task 2 Specific Issues Report and solicit input. Consultant shall pose the following questions to the SAC. i. Are there other greenway trail possibilities in the community besides the seven trails identified in the City Park System Master Plan? ii. Does the trail system need trail heads and where should they be located? If needed, what facilities should they include? iii. What linkages are needed, if any, to further integrate the greenway trail system with on-street bike routes, transit stops, and significant land uses. Along with those derived from other information sources, potential opportunities identified in the Tigard Neighborhood Trail Study should be considered. Consultant shall attend and document input from participants and prepare a written summary. Consultant shall prepare the agenda, lead discussions, document SAC comments, and prepare meeting summary. 2.7 SAC Field Visit - Consultant shall lead a field visit to key sites identified through Technical Memorandum #1 to allow PMT and SAC members to better understand conditions on the ground in critical locations likely to be studied further in subsequent tasks. Consultant shall select sites to visit in consultation with PMT. City shall coordinate transportation for the field visit. 2.8 Final Map of Greenway Trail Gaps and Preliminary Infill Alignment Options/Final Technical Memo #1 and Task 2 Specific Issues Report - Consultant shall revise Task 2 draft deliverables based on PMT and SAC review and comments. - 25 - TGM Grant Agreement No. 26767 TGM File Code IH-09 EA#TGM9LA12 TASK 2 DELIVERABLES City A. PMT Meeting#2 B SAC Meeting#2 C. SAC Field Visit C. Consolidated City Review of Consultant deliverables. Consultant A. PMT Meeting#2 B. Base Maps C. Project Website D. Draft Map of Greenway Trail Gaps and Preliminary Infill Alignment Options E. Draft Technical Memo #1 and Specific Issues Report F. SAC Meeting#2 G. SAC Field Visit H Final Map of Greenway Trail Gaps and Preliminary Infill Alignment Options I. Final Technical Memo #1 and Specific Issues Report TASK 3: TYPICAL SECTIONS; FANNO CREEK TRAIL IMPROVEMENTS AND GAP CLOSURES; GREENWAY CORRIDOR PROPERTY OWNER AND NEIGHBORHOOD SUPPORT FOR SUMMER AND KRUEGER CREEK GREENWAY TRAIL COMPLETION. Task Objectives ♦ Develop greenway trail typical sections ♦ Detail Fanno Creek Trail alignment options. ♦ Determine greenway corridor property owner and neighborhood support for Summer and Krueger Creek Trail infill. Subtasks 3.1 PMT Meeting#3 —The PMT shall meet to prepare for the work in Task 3, and for Public Meeting#1. Consultant shall discuss Project Website and make appropriate updates within 2 weeks of PMT Meeting#3. 3.2 Draft Technical Memo #2: Greenway Trails Typical Sections—The purpose of Technical Memo #2 is to present draft Greenway Trails Typical Sections based on PMT direction at PMT Meeting#3, City's existing standards for design and construction, the Oregon Bicycle and Pedestrian Plan, and Metro's Draft Regional Trails Design Guidelines. Draft Technical Memo #2 must include: • Typical sections 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 - 26 - TGM Grant Agreement No.26767 TGM File Code 1H-09 EA#TGM9LA12 surfacing, design elements could include pedestrian scale lighting. The type of trail surface recommended for particular trails is dependent on its location and site conditions. Draft Technical Memo #2 must consider the needs for bark chip or other joint-friendly soft surface trails for joggers of all ages. Consider the addition of bark chip or other soft surface trails alongside existing paved trails. Detailed illustrations of design elements accompanied by text must be prepared to demonstrate key features. • Cost estimates utilizing unit prices to produce planning level cost estimates for each proposed trail improvement project. These unit prices must be based on the cost per linear foot for the primary design types identified. It is recognized that cost estimates will need to be refined at a later time when more details are determined through engineering analysis as the statement of work for the Project does not include engineering-level cost analysis. Cost estimates 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 must include low (level ground), medium (some design features), and high ranges (many design features) when design features are required. Order of magnitude cost must be included as part of evaluation; actual magnitude or planning level estimates for each infill project will be computed as part of Tasks 4 and 5. • Discussion of the 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. The draft Technical Memo #2 must be informed by the Chapter 3 Design Guidelines contained in the City of Tigard Neighborhood Trails Plan. draft Technical Memo #2 also must relate to the greenway trail classification system developed in Task 2. 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 Task 3 Specific Issues Report: Summer Creek, Krueger Creek, and Fanno Creek Trail Gaps and Opportunities - Per direction of the PMT, Consultant shall prepare draft Task 3 Specific Issues Report, responses to the following trail-specific greenway trail system questions listed below. The responses must reference the GIS layer/map layer prepared in subtask 2.8 and an accompanying spreadsheet. Preparation of the Task 3 Specific Issues Report must include a field visit to key sites by Consultant. Any proposed trail alignments must be based on the Base Maps and field verifications performed by the Consultant team. i. Limited and no segments, respectively, of the Summer Creek or Krueger Creek Trails have been completed or scheduled for construction. Is the installation of all or portions of these trails feasible in terms of the physical and other constraints associated with each corridor? - 27 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 ii. Is it possible to straighten out or reduce the many sharp twists and 90-degree turns that now characterize the Library/Fanno Creek Drive segment of the Fanno Creek Trail? An alternative alignment located on the other side of the creek from this existing segment, as depicted in the Fanno Creek Trail Action Plan, should be considered as an alternative to improving the Library/Fanno Creek Drive segment. iii. How feasible is the proposed"Brown Property" segment of the Fanno Creek Trail? Are there any fatal flaws or insurmountable obstacles to its construction? What is the most feasible alignment of the segment, including the most feasible stream crossing point? Are there alternatives alignments and crossing points? What is the estimated construction cost? [In documenting feasibility, take into account land ownership, physical constraints, Clean Water Services Vegetated Corridor standards, and City Sensitive Lands and Wildlife Assessment requirements, as well as the guidelines for environmentally friendly trails contained in Metro's Green Trails handbook]. iv. Three alignment options (streamside, on-street, and rail-with-trail) are depicted in the Metro-managed Fanno Creek Action Plan for the Bonita/Durham Road segment of the Fanno Creek Trail. This segment of the Fanno Creek Trail includes multiple owners and development located within 25-feet and closer to the top of stream bank. Additionally, cooperative efforts with Metro over a four- year period to acquire right-of-way for a continuous streamside trail have achieved limited success. Which alignment or combination of alignments is the most feasible? A hybrid of. (a) on- and off-street trail; (b) on-street with shared lane pavement markings or other bicycle-friendly treatments including consideration of markings, signs, and wayfinding, potentially including off-street loops down to the creek; (c) on-street and rail-with-trail, should be considered as part of the"combination of alignments" option. V. Can the Durham Road/Durham City limits segment of the Fanno Creek trail realistically be accomplished given this corridor's extreme physical constraints, i.e. elevated rail bed, sewerage plant development, meandering creek, and deep gullies? Are any of these fatal flaws to its completion? What is the least cost, most feasible alignment of this stretch of trail? In making this determination land ownership, physical constraints, regulatory requirements, and wildlife impacts should be considered. vi. Up and down stream Fanno Creek Trail segments connecting to Tiedeman Avenue are off-set by some 200 feet. In place of the present jog along a busy road, evaluate a potential long-term solution that brings the two sides of the trail to a common crossing point. Any additional issues identified will be considered beyond the scope of this contract. 3.4 Greenway Corridor Neighborhood Survey and Summary Report- City shall prepare Greenway Corridor Neighborhood Survey and Summary Report, a survey of property owners of land located within a quarter mile of the trail corridor and summary of the results. The purpose is to determine the level of neighborhood interest in and support for - 28 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 Summer and Krueger Creek trail improvements. The owner information is intended in part to help formulate Recommended Greenway Trail Infill Projects (Tasks, 4, 5, and 6). • City shall provide a draft property owner survey for review and comment by WOCPM and Consultant. • City shall finalize and mail the survey. • City shall compile results and prepare draft Summary Report, summarizing the results of a mail survey questionnaire to owners of private and public property identified on Greenway Corridor Neighborhood Survey. WOCPM shall review and City shall prepare draft Summary Report incorporating WOCPM comments. 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. 3.5 SAC Meeting#3 —City shall organize and Consultant shall facilitate SAC Meeting#3 to present draft Technical Memo #2 and draft Task 3 Specific Issues Report and solicit input. Consultant shall prepare a PowerPoint and a virtual tour of key sites using Google Earth or GIS) as well as handouts, as appropriate. The virtual tour must be set up in advance of the meeting and the Consultant shall provide the computer, software, and projector for the virtual tour. Consultant shall prepare agenda, document comments from attendees, and prepare meeting summary. 3.6 Final Technical Memo #2 and Final Task 3 Specific Issues Report - Consultant shall prepare final versions of Technical Memo #2 and Task 3 Specific Issues Report incorporating WOCPM review, SAC comments, and City's consolidated comments. TASK 3 DELIVERABLES City A. PMT Meeting#3 B. Greenway Corridor Neighborhood Survey and Summary Report C. SAC Meeting#3 D. Consolidated review of Consultant deliverables Consultant A. PMT Meeting#3 B. Draft Technical Memo #2 C. Draft Task 3 Specific Issues Report D. Comments on draft property owner survey E. SAC Meeting#3 F. Final Technical Memo #2 G. Final Task 3 Specific Issues Report - 29 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 TASK 4: TUALATIN RIVER AND PATHFINDER-GENESIS TRAIL INFILL AND POTENTIAL RAIL WITH TRAIL PROJECTS Task Objectives ♦ Develop an Implementation Strategy to complete the Tualatin River and Pathfinder-Genesis Trails ♦ Identify and evaluate the feasibility of any potential Rail-with-Trail Opportunities. 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. Consultant shall discuss Project Website and make appropriate updates within 2 weeks of the PMT Meeting#4. 4.2 Draft Task 4 Specific Issues Report: —Consultant shall prepare draft Task 4 Specific Issues Report, responses to the following trail-specific questions listed below and as directed by PMT at PMT Meeting#4. The responses must reference the GIS layer/map layer prepared in subtask 2.8 and an accompanying spreadsheet. Preparation of the Task 4 Specific Issues Report must include a field visit to key sites by Consultant. Any proposed trail alignments must be based on the Base Maps and field work performed by the Consultant team. i. What is the feasibility and approximate cost of extending the Tualatin River Trail- to- HWY 99W, as called for in the Park System Master Plan? [A planning level of analysis and cost estimation, as opposed to preliminary engineering level, should be used in making these determinations.] ii. The Pathfinder/Genesis trail consists of paved and unpaved sections. Many of the paved sections are in poor condition. The same is even truer of the unpaved sections, which generally are narrow and overgrown and not ADA accessible. What upgrades are appropriate for this trail given the corridor's high natural resource value? iii. Is it possible to complete the inter-connection of the existing SW 85th Ave, Tualatin River, and City of Durham Trails to create a loop trail within the south Tigard-Durham area? Some three-fourths of this proposed loop currently is in place. This could be a soft (bark chip) loop alongside the existing paved trail and connecting the riverside and Durham plant sections to close the loop. iv. Does the existing rail system provide any opportunities for integrated trail-with- rail projects? So far,potential Tiedeman/North Dakota, Hall/Bonita, and Bonita/Durham rail-with-trail connections have been brought to the City's attention. V. The Tigard Downtown Improvement Plan proposes a one mile rail-to-trail project located within the inactive loop rail corridor extending between Tiedeman Avenue and Main Street. The corridor connects to Main Street opposite the Tigard Transit Center and would provide a direct connection to Commuter Rail - 30 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 and bus transit. The proposed also includes three on-street connections to the main stem Fanno Creek Trail. The rail trail would provide more convenient and direct bike/ped access to the Tigard Commuter Rail station. Its completion also may help activate downtown re-development. Are there any fatal flaws affecting the feasibility of this trail? If and how should the public be involved in a master planning effort? Any additional issues identified will be considered beyond the scope of this contract. 4.3 Environmental Memorandum—Consultant shall prepare an environmental memorandum to accompany the Task 3 and Task 4 Specific Issue Reports. The Environmental Memorandum must review the findings of the Specific Issue Reports and identify potential environmental issues or fatal flaws that would render the trail concepts infeasible for the corridors studied under Tasks 3 and 4. The Environmental Memorandum must: • summarize the natural resource conflicts inherent in retrofitting trails within narrow riparian corridors bordered by development; • identify known occurrences within study corridors of any federal or state listed endangered or threatened species, any sensitive species or species of concern such as the Western Pond Turtle and Red Legged Frog, and other species vulnerable to human contact/disturbance; • identify the locations of sensitive habitats including potential wetlands, waters, and other wildlife habitats located within the proposed corridors; • highlight local, Clean Water Services, Metro, state, and federal permit requirements for protected species and their habitats, wetlands and waters resources, and water quality associated with proposed alignment and design work Consultant shall consult agencies (U.S. Fish and Wildlife Service [USFWS], Oregon Department of Fish and Wildlife) and data sources (USFWS species occurrence database, Oregon Natural Heritage Information Center [ORNHIC] database) to obtain the most current information on the presence of proposed, threatened, and endangered botanical, fish and wildlife species, other species of concern or sensitive species, and habitat conditions. Consultant shall also identify, based on existing wetland and waters mapping (National Wetland Inventory and Local Wetland Inventory) and a preliminary field reconnaissance, the general locations of potential wetland and water resources that could conflict with or be impacted by the proposed corridor planning and design. Consultant shall conduct a preliminary field reconnaissance of the corridors to assess general existing habitat conditions, including dominant vegetation type, potential wetlands and waters resources, and primary land use patterns. The wetland and waters reconnaissance must not substitute for a formal wetland and waters delineation. Potential wetland areas must be identified in accordance with the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual and approved regional supplements. - 31 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 Consultant shall describe potential conflicts of these resources with the proposed corridor planning and design in the Environmental Memorandum. Assumptions for this task: • Trail corridor field reconnaissance for Fanno Creek Trail Improvements and Gap Closures as well as the Tualatin River and Pathfinder-Genesis Trail Infill and Potential Rail with Trail Projects will require up to two (2) field days for two biologists (two field days; four person days total of labor for field work). • USFWS shall provide the current ORNHIC data to the Consultant. • Consultant shall utilize existing City of Tigard GIS maps to indicate where environmental issues are located along corridors. 4.4 SAC Meeting#4—City shall organize and Consultant shall facilitate SAC Meeting#4 to get feedback on draft Task 4 Specific Issues Report, particularly the proposed feasibility of Tualatin River and Pathfinder-Genesis gap infill and any rail-with-trail projects. Consultant shall prepare a PowerPoint or other presentation(e.g., a virtual tour of key sites using Google Earth or GIS) as well as handouts, as appropriate. Consultant shall prepare agenda, document comments from attendees, and prepare meeting summary. City shall distribute draft Task 4 Specific Issues Report to the SAC and request their written comments within two weeks. City shall provide comments to Consultant for revision of the Task 4 Specific Issues Report. 4.5 Open House#1 - City shall provide logistics and conduct Open House to present key points of Map of Greenway Trail Gaps and Preliminary Infill Alignment Options, Technical Memos, and Specific Issue Reports to the public. Consultant shall prepare handouts and large format graphics to convey information. Consultant shall provide on- demand graphic material to the public through a laptop and projector provided by the Consultant to illustrate key existing conditions and trail infill 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 greenway trail needs and constraints and, very importantly, to identify particular infill alignment opportunities that might have been overlooked in the development of earlier deliverables. Consultant shall document public comments and prepare a meeting summary. 4.6 Open House#2—City shall provide logistics and conduct Open House#2. Open House #2 will cover the same material as Open House#1,but will be held at a location designed to maximize participation of Spanish-speaking residents. Outreach materials for Open House#2 will be provided in both English and Spanish. - 32 - TGM Grant Agreement No.26767 TGM File Code 1H-09 EA#TGM9LA12 4.7 Final Task 4 Specific Issues Report - Consultant shall prepare final version of Task 4 Specific Issues Report incorporating WOCPM review, SAC comments, and City's consolidated comments. TASK 4 Deliverables City A. PMT Meeting#4 C SAC Meeting#4 D. Open House Logistics (Open House#1 and#2) E. Consolidated City Comments on Consultant Deliverables Consultant A. PMT Meeting#4 B. Draft Task 4 Specific Issues Report C. Environmental Memorandum D. SAC Meeting#4 E. Open House#1 F. Open House#2 G. Final Task 4 Specific Issues Report TASK 5: REFINEMENT AND IMPLEMENTATION Task Objectives ♦ Prepare Projects and Prioritizations Report. ♦ Prepare an Implementation Report based on the Projects and Prioritization report to guide completion of the greenway trail network. Subtasks 5.1 PMT Meeting#5 - PMT Meeting#5 is to direct the Task 5 work. Consultant shall prepare an agenda and summary of the meeting. Consultant shall discuss project website and make appropriate updates within 2 weeks of the meeting. 5.2 Draft Project and Prioritization Report- Consultant shall develop a Projects and Prioritization Report based on direction from the PMT, and incorporating input from the SAC and Open Houses #1 and#2. The draft Project and Prioritization Report must list prioritized projects and identify anticipated time frame and potential funding for each project. The draft Project and Prioritization Report must identify projects for inclusion in the next City Capital Improvement Plan update. 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 - 33 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 prioritize, program, fund, and construct projects on the draft 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 Tigard Greenway Trails Master Plan project list. The Action Plan must consider interim actions and improvements, needed to coordinate the completion of the greenway trail system. 5.4 SAC Meeting#5 —City shall organize and Consultant shall facilitate SAC Meeting#5 to present the draft Project and Prioritization Report and draft Implementation Report. Consultant shall prepare agenda, document comments, and prepare a written summary. 5.5 Final Project and Prioritization Report and Final Implementation Report—Consultant shall prepare final versions of Task 5 draft deliverables, at the direction of the PMT and incorporating input from the SAC. 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. Draft Project and Prioritization Report C. Draft Implementation Report D. SAC Meeting#5 E. Final Project and Prioritization Report F. Final Implementation Report TASK 6: RECOMMENDED TIGARD GREENWAY TRAILS MASTER PLAN Task Objective: Prepare a Greenway Trail System Master Plan and set the stage for City adoption of the Plan and amendments into the City Transportation System Plan, Community Development Code, Public Improvement Typical Sections, and Capital Improvement Plan. Subtasks 6.1 PMT Meeting#6—The PMT shall meet to prepare for Task 6 work. Consultant shall prepare an agenda and summary of the PMT Meeting#6. Consultant shall discuss project website and make appropriate updates within 2 weeks of the PMT Meeting#6. - 34 - TGM Grant Agreement No.26767 TGM File Code 1H-09 EA#TGM9LA12 6.2 Draft Recommended Greenway Trail System Master Plan - Consultant shall prepare draft Recommended Tigard Greenway Trail System Master Plan which integrates the final versions of technical memoranda, maps, and reports produced throughout Project, and includes the following chapters: a) Acknowledgements b) Table of Contents c) Introduction d) Summary of Planning Process, Public and Agency Involvement e) Project Statement f) Greenway Trails Classification System and Typical Sections g) Implementation Report h) List of Figures, Tables, and, if appropriate, Photographs i) Appendices In addition, the Consultant shall develop an Executive Summary to provide a high-level overview of the project, summary of recommendations, key maps, and implementation items. The Executive Summary must be provided as a standalone document referencing the full Master Plan, and must be available to citizens and other stakeholders who wish to have a quick-reference document. Consultant shall provide one draft hardcopy of the Draft Recommended Tigard Greenway Trails Master 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. Within one week of final direction received from PMT, Consultant shall prepare one hard copy of Draft Recommended Tigard Greenway Trails Master Plan and one 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 Joint Planning Commission and City Council Work Session. The presentation must summarize the planning process and plan recommendations. City and Consultant shall lead a discussion to garner input on Draft Recommended Tigard Greenway Trails Master Plan. City shall distribute the Draft Recommended Tigard Greenway Trails Master Plan to participants in advance of the Joint Planning Commission and City Council Work Session and shall record formal meeting minutes. The Consultant shall provide written responses to Council and Planning Commission comments as appropriate. 6.4 PMT Meeting#7—The PMT shall meet to review Planning Commission and City Council Input on Draft Recommended Tigard Greenway Trails Master Plan. Consultant shall prepare an agenda and summary of PMT Meeting#7. 6.5 Final Recommended Tigard Greenway Trails Master Plan- Consultant shall prepare Final Recommended Tigard Greenway Trails Master Plan, incorporating Planning - 35 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 Commission and City Council input as directed by PMT. Consultant must provide three electronic (CD) and three hard copies each to both City and WOCPM in pdf and modifiable format. TASK 6 DELIVERABLES City A. PMT Meeting#6 B. Joint Planning Commission and City Council Work Session. C. Consolidated Review of Draft Recommended Tigard Greenway Trails Master Plan. D. PMT Meeting#7 Consultant A. PMT Meeting#6 B. Draft Recommended Tigard Greenway Trails Master Plan C. Joint Planning Commission and City Council Work Session D. PMT Meeting#7 E. Final Recommended Tigard Greenway Trails Master Plan - 36 - TGM Grant Agreement No.26767 TGM File Code 1H-09 EA#TGM9LA12 CITY MATCH BUDGET Title Rate Hours Total Senior Planner/GIS $39/hr 5 $195 Project Planner $39/hr 200 $7,800 /L.Ran e Trans. Engineer $51/hr 25 $1,275 PW Parks Manager $49/hr 100 $4,900 Administrative $22/hr 50 $1,100 Assistant II Sity Direct Costs $500 $500 Total Match $15,770 CITY ESTIMATE SUMMARY Tasks Cit 1. Project Management, $2,500 Interagency Coordination and Public Involvement 2. Existing Conditions; $2,500 Greenway Trail Classification System & Typical Sections & Other Generic Greenway Trail Questions 3. Fanno Creek Trail $6,600 Improvements and Gap Closures; Support for Summer and Krueger Creek Greenway Trail Com letion 4. Tualatin River and $2,500 Pathfinder-Genesis Trail Infill; Potential Rail with Trail Pro'ects 6. Prioritizations and $1,000 Implementation 7. Recommended Tigard $670 Greenway Trails Master Plan TOTAL $15,770 - 37 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 CONSULTANT AMOUNT PER DELIVERABLE TABLE Deliverables Tasks Deliverable Amount Task I Project Management, Interagency Deliverables Coordination and Public Involvement A PMT Meeting #1 $1,000 B Draft and Final Work Schedule $800 C Draft Project Statement $1,400 D SAC Meeting #1 $1,300 E Final Project Statement $800 Subtotal Task 1 $5,300 Task 2 Existing Conditions; Classification System & Deliverables Generic Greenway Trail Questions A PMT Meeting #2 $1r300 B Base Mas $2,400 C Project Website $2,000 D Draft Map of Greenway Trail Gaps and Preliminary Infill Alignment Options $1,800 E Draft Technical Memo #1 and Specific Issues ReDort $5,900 F SAC Meetina #2 $1,700 G SAC Field Visit $2,100 H Final Map of Greenway Trail Gaps and Preliminary Infill Alignment Options $900 I Final Technical Memo #1 and Specific Issues Report $2,200 Subtotal Task 2 $20,300 Task 3 Typical Sections; Fanno Creek Trail Deliverables Improvements and Gap Closures; Greenway Corridor Property Owner and Neighborhood Support for Summer and Krueger Creek Greenway Trail Completion A PMT Meeting #3 $1,600 B Draft Technical Memo #2 $61500 C Draft Task 3 Specific Issues Report $6,300 D Comment on draft property owner survey $300 E SAC Meeting #3 $1,300 F Final Technical Memo #2 $2,200 G Final Task 3 Specific Issues Report $1,900 Subtotal Task 3 20,100 - 38 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 CONSULTANT AMOUNT PER DELIVERABLE TABLE Deliverables Tasks Deliverable Amount Task 4 Tualatin River and Pathfinder-Genesis Trail Deliverables Infill and Potential Rail with Trail Projects A PMT Meeting #4 $2(200 B Draft Task 4 Specific Issues Report $6,700 C Environmental Memorandum $8,800 D SAC Meeting #4 $2,000 E Oen House #1 $1,900 F Oen House #2 bi-lingual $1,800 G Final Task 4 Specific Issues Report $31100 Subtotal Task 4 26 500 Task 5 Refinement and Implementation Deliverables A PMT Meeting #5 $1,600 B Draft Trail Project & Prioritization Report $3,500 C Draft Implementation Report $1,500 D SAC Meeting #5 $1,000 E Final Project and Prioritization Report $2,000 F Final Implementation Report $2.200 Subtotal Task 5 $14,800 Task 6 Recommended Tigard Greenway Trails Master Deliverables Plan A PMT Meeting #6 $1,400 B Draft Recommended Tigard Greenway Trails Master Plan $5,200 C Joint Planning Commission and City Council Work Session $1,500 D PMT Meeting #7 $800 E Final Recommended Tigard Greenway Trails Master Plan $3,800 Subtotal Task 6 $129700 Project Total $ 99,700 - 39 - TGM Grant Agreement No.26767 TGM File Code 111-09 EA#TGM9LA12 PROJECT SCHEDULE TABLE Tasks Months after Notice to Proceed Task l - Project Management, Interagency 1-2 Coordination and Public Involvement Task 2 - Existing Conditions; 2-5 Classification System & Generic Greenway Trail Questions Task 3 —Typical Sections; Fanno Creek 5-7 Note: Some portions of Trail Improvements and Gap Closures; Task 3 may begin prior to Support for Summer and Krueger Creek finalizing Task 2 Greenwa Trail Completion Task 4 -Tualatin River and Pathfinder- 7-9 Genesis Trail Infill and Potential Rail with. Trail Projects Task 5 - Refinement and Implementation 9-10 Task 5 - Recommended Tigard Greenway 10-11 Trails Master Plan - 40 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 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 - 41 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 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 Definitions 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 EXCEPTIONS: 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 this 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 - 42 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 9. Nothing contained in the foregoing shall be 4. The terms"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 I. 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 g. 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 - 43 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 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 - 44- TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 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 - 45 - TGM Grant Agreement No.26767 TGM File Code 1H-09 EA#TGM9LA12 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 - 46 - TGM Grant Agreement No. 26767 TGM File Code 1H-09 EA#TGM9LA12 EXHIBIT D ELIGIBLE PARTICIPATING COST DESCRIPTION PERSONNEL SERVICES 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- Ovedin, e -Payments to employees for work performed in excess of their regular work shift Shift Differentia? - Payments to employees, in addition to regular pay. for shift differential work as descibed in labor contracts or Personnel Rules. Travel 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. SERVICES AND SUPPLIES _ In-State Travel - Per Rates Identified in State Travel Handbook lvfeals ," hfisc. - Payment for meals incurred while traveling within the State of Oregon. Ledging & Roam Tax - Payment for lodging, including room taxes, incurred while traveling within the State of Oregon Fares, Taxi, Bus, Air, Etc Per Diern - 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. Private Car Kleage - Payment for private car mileage while traveling within the State of Oregon. ,Office Expense Direct Project Expenses Including: Photo,Video & dviicrofilm Supplies - Payment for photography, video 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 documents- Postage - Payment for direct project postage. Freight & Expmss lvlail - Payment for direct project freight services on outgoing shipments. Telecommunications Phone Toll Charges (long-distance) - Payment for telphone long distance charges_ .Publicity & Publication Publish & Plait Photos - Payment for printing and publishing photographs to development of publicity and publications Confferences (costs to put on conference or seminars) Equipment$250 - $4,999 NOT ELIGIBLE Employee Training, Excluding Travel NOT ELIGIBLE Training In-State Travel NOT ELIGIBLE CAPITOL OUTLAY NOT ELIGIBLE - 47 -