Resolution No. 10-54 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 10- ,-'f5,4-/
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH THE OREGON DEPARTMENT OF
TRANSPORTATION AND METRO FOR THE TIGARD HIGH CAPACITY TRANSITCORRIDOR
LAND USF PLAN, FUNDED THROUGH A TRANSPORTATION GROWTH MANAGEMENT
GRANT
WHEREAS, the Tigard City Council has as part of its 2010 goals, to begin area plans for the 99W corridor and
to continue to promote and plan for 99W light rail; and
WHEREAS, the State's TGNI grant program provides funding for local government planning projects that
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; and
WHEREAS, the Council adopted Resolution 09-18 which endorsed a joint application with Metro for a
Transportation Growth Management grant for state assistance in completing a land use plan for the Tigard
High Capacity Transit Corridor; and
Wl JEREAS, the TGAI program approved the City and Metro's application for$223,947 to be used toward
consultant services and to reimburse Metro and the City of Tigard, based on an approved scope of work;
and
WHEREAS, the Cit}-is prepared to provide an 11°o match,in the form of staff time and materials; and
WHEREAS, the grant requires all paperwork to be signed prior to the project's commencement.
NOW,THEREFORE,BE IT RESOL ED by the Tigard City Council that:
SECTION 1: The Council authorizes the City Manager to sign and enter into an intergovctnmental
agreement with the Oregon Department of Transportation and Metro for the Tigard High
Capacity=Transit Corridor Land Use Plan.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This -Q day of 2010.
f
Mayor- City of Tigard
ATTEST:
-I--�,;c.
City Recorder- City of Tigard
RESOLUTION NO. 10 - a ��
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INTERGOVERNMENTAL AGREEMENT
Metro and City of Tigard, Tigard High Capacity Transit Corridor Land Use 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"), Metro ("Metro") and City of
Tigard ("City"). City together with Metro shall be referred to collectively as "Grantees"
or individually without distinction "Grantee".
RECITALS
1. The Transportation and Growth Management ("TGM") Program is a joint
program of ODOT and the Oregon Department of Land Conservation and Development.
2, The TGM Program includes a program of grants for local governments for
planning projects. The objective of these projects is to better integrate transportation and
land use planning and develop new ways to manage growth in order to achieve compact
pedestrian, bicycle, and transit friendly urban development.
3. This TGM Grant (as defined below) is financed with federal Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
("SAFETEA-LU") funds. Local funds are used as match for SAFETEA-LU funds.
4. By authority granted in ORS 190.110, 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. Grantees have been awarded a TGM Grant which is conditional upon the
execution of this Agreement.
G. 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:
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A. "City's Amount" means the portion of the Grant Amount payable by ODOT
to City for performing the tasks indicated in Exhibit A as being the responsibility of
City.
B. "City's Matching Amount" means the amount of matching funds which
City is required to expend to fund the Project.
C. "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).
D. "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.
E. "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.
F. "Federally Eligible Costs" means those costs which are Direct Project Costs
of the type listed in Exhibit D incurred by Grantees and Consultant during the term of
this Agreement.
G. "Grant Amount" or "Grant" means the total amount of financial assistance
disbursed under this Agreement, which consists of Metro's Amount, City's Amount and
the Consultant's Amount.
H. "Metro's Amount" means the portion of the Grant Amount payable by
ODOT to Metro for performing the tasks indicated in Exhibit A as being the
responsibility of Metro.
1. "Metro's Matching Amount" means the amount of matching funds which
Metro is required to expend to fund the Project.
J. "Metro's Project Manager" means the individual designated by Metro as
project manager for the Grantees for the Project.
K "ODOT's Contract Administrator" means the individual designated by
ODOT to be its contract administrator for this Agreement.
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L. "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.
M. "Project" means the project described in Exhibit A.
N. "Termination Date" has the meaning set forth in Section 2.A below.
O. "Total Project Costs" means the total amount of money required to
complete the Project.
P. "Work Product" has the meaning set forth in Section 5.J below.
SECTION 2. TERMS OF AGREEMENT
A. Term. This Agreement becomes effective on the date on which all parties
have signed this Agreement and all approvals (if any) required to be obtained by ODOT
have been received. This Agreement terminates on January 31, 2012 ("Termination
Date"). The Agency's payments of amounts under this Agreement attributed to work
performed after June 30, 2011, are limited to a maximum of$69,700.
B. Grant Amount. The Grant Amount shall not exceed $233,947.
C. Metro's Amount. Metro's Amount shall not exceed $32,500.
D. City's Amount. City's Amount shall not exceed $32,447
E. Consultant's Amount. Consultant's Amount shall not exceed $169,000.
F. Metro's Matching Amount. Metro's Matching Amount is $0 or 0% of the
Total Project Costs.
G. City's Matching Amount, City's Matching Amount is $28,915 or 11% of
the Total Project Costs.
SECTION 3. DISBURSEMENTS
A. Subject to submission by Grantee of such documentation of its costs and
progress on the Project (including deliverables) as are satisfactory to ODOT, ODOT shall
reimburse to a Grantee only for Direct Project Costs that are Federally Eligible Costs that
the Grantee incurs after the execution of this Agreement up to that Grantee's portion of
the Grant Amount. Generally accepted accounting principles and definitions of ORS
294.311 shall be applied to clearly document verifiable costs that are incurred.
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B. Each Grantee shall present reimbursement requests or cost reports, as
indicated below, progress reports, and deliverables to ODOT's Contract Administrator no
less than every other month. Metro shall submit reimbursement requests for 100% of
Metro's Federally Eligible Costs, and shall be reimbursed at 100% up to Metro's
Amount. City shall submit reimbursement requests for 100% of City's Federally Eligible
Costs, and shall be reimbursed at 52.92% up to City's Amount.
C. ODOT shall make interim payments to Grantee for deliverables identified
as being that Grantee'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 from a Grantee payment equal to ten
percent (10%) of each disbursement owed to that Grantee until 45 days after ODOT's
Contract Administrator's approval of the completion report described Section 5.L(2), at
which time the balances due to that Grantee under this Agreement shall be payable.
E. Within 45 days after the latter of the Termination Date of this Agreement or
compliance with Section 5.L, below, ODOT shall pay any balances due to a Grantee
under this Agreement.
F. ODOT shall limit reimbursement of travel expenses in accordance with
current State of Oregon Accounting Manual, General Travel Rules, effective on the date
the expenses are incurred.
SECTION 4. GRANTEES' REPRESENTATIONS, WARRANTIES, AND
CERTIFICATION
A. Each Grantee represents and warrants to ODOT as follows:
(1) (As to Metro) It is a metropolitan service district duly organized and
existing under the laws of the State of Oregon. (As to City) 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 its organizational documents.
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(4) This Agreement has been executed and delivered by its authorized
officer(s) and constitutes its legal, valid and binding obligation enforceable against
it in accordance with its terms.
(5) The authorization, execution and delivery of this Agreement by it,
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 it or its
property is bound.
(6) The statement of work attached to this Agreement as Exhibit A has
been reviewed and approved by its necessary official(s).
B. As federal funds are involved in this Grant, it, by execution of this
Agreement, makes the certifications set forth in Exhibits B and C.
SECTION 5, GENERAL COVENANTS OF GRANTEES
Each Grantee covenants and agrees as follows:
A. Metro shall be responsible for the portion of the Total Project Costs in
excess of the Grant Amount. Metro shall complete the Project; provided, however, that
Metro 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 or City,
B. It shall, in a good and workmanlike manner, perform the work on the
Project, and provide the deliverables for which it is identified in Exhibit A as being
responsible.
C. It shall perform such work identified in Exhibit A as its 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. Grantee 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.
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D. All employers, including Grantee, 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). It shall require and ensure that each of its
subcontractors complies with these requirements.
E. It 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. It 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. It agrees to cooperate with ODOT's Contract Administrator. At the request
of ODOT's Contract Administrator, it 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. It 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, it expressly agrees to comply with: (1) Title VI
of Civil Rights Act of 1964, (2) Title V and Section 504 of the Rehabilitation Act of
1973; (3) the Americans with Disabilities Act of 1990 and ORS 659A.142; (4) all
regulations and administrative rules established pursuant to the foregoing laws; and (5)
all other applicable requirements of federal and state civil rights and rehabilitation
statutes, rules and regulations.
1. It shall maintain all fiscal records relating to this Agreement in accordance
with generally accepted accounting principles. In addition, it shall maintain any other
records pertinent to this Agreement in such a manner as to clearly document its
performance. It 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 of its fiscal records and other books, documents, papers, plans, and
writings that are pertinent to this Agreement to perform examinations and audits and
make copies, excerpts and transcripts.
It 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
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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 Grantee's work products related to the Project that results
from this Agreement ("Work Product") is the exclusive property of ODOT.
ODOT and Grantee intends 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", Grantee 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. Grantee shall execute
such further documents and instruments as ODOT may reasonably request in order
to fully vest such rights in ODOT. Grantee 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 Grantee a royalty free, non-exclusive license
to reproduce any Work Product for distribution upon request to members of the
public.
(3) Grantee shall ensure that any work products produced pursuant to
this Agreement include the following statement:
"This project is partially funded by a grant from the
Transportation and Growth Management (TGM) Program, a
joint program of the Oregon Department of Transportation
and the Oregon Department of Land Conservation and
Development. This TGM grant is financed, in part, by federal
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU), local government,
and State of Oregon funds.
The contents of this document do not necessarily
reflect views or policies of the State of Oregon."
(4) The Oregon Department of Land Conservation and Development
and ODOT may each display appropriate products on its "home page".
K. Unless otherwise specified in Exhibit A, it shall submit the final products it
produced in accordance with this Agreement to ODOT's Contract Administrator in the
following form:
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(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,
(1) (As to Metro) Metro shall pay to ODOT Metro's Matching
Amount less Federally Eligible Costs previously reported as Metro's
Matching Amount. (As to City) City shall 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;
(2) Metro shall 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); and
(b) A list of final deliverables; and
(3) Each Grantee shall provide to ODOT the following:
(a) A summary of its portion of the Total Project Costs, including
a breakdown of those Project costs that are reimbursable hereunder and
those costs which are being treated by Grantee as Metro's Matching
Amount or City's Matching Amount, as the case may be; and
(b) Its final disbursement request.
SECTION 6. CONSULTANT
A. 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 Metro and City is the party to the PSK with the Consultant,
ODOT, Metro and City agree that as between themselves:
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(1) Selection of the Consultant will be conducted by ODOT in accordance with
ODOT procedures with the participation and input of Metro's Project
Manager;
(2) ODOT will review and approve Consultant's work, billings and progress
reports after having obtained input from Metro's Project Manager;
(3) Metro's Project Manager shall be responsible for prompt communication to
ODOT's Contract Administrator of its comments regarding (1) and (2)
above; and
B. Metro will appoint a Project Manager to:
(1) be the Grantees' 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 personnel of Grantees, 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.
City hereby expressly authorizes Metro's Project Manager to act on its behalf in regard to
this Agreement and ratifies the actions of Metro's Project Manager in regard thereto.
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. ODOT represents that the statement of work attached to this Agreement as
Exhibit A has been reviewed and approved by the necessary official(s) of ODOT.
C. ODOT will assign a Contract Administrator for this Agreement who will be
ODOT's principal contact person regarding administration of this Agreement and will
participate in the selection of the Consultant, the monitoring of the Consultant's work,
and the review and approval of the Consultant's work, billings and progress reports.
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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 each
Grantee, or at such later date as may be established by ODOT under, but not limited to,
any of the following conditions:
A. Metro or City fails to complete work specified in Exhibit A as its
responsibility in accordance to the terms of this Agreement 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 as its
responsibility in accordance to the terms of the PSK within the time specified in
the PSK, 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.
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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 a Grantee at the address or number set forth on
the signature page of this Agreement, or to such other addresses or numbers as a 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 Grantees 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(T), 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. The parties agree as follows:
(a) The laws of the State of Oregon (without giving effect to its conflicts of law principles)
govern all matters arising out of or relating to this Agreement, including, without limitation, its
validity, interpretation, construction, performance, and enforcement.
(b) Any party bringing a legal action or proceeding against any other party arising out of
or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the
State of Oregon for Marion County (unless Oregon law requires that it be brought and conducted
in another county). Each party hereby consents to the exclusive jurisdiction of such court,
waives any objection to venue, and waives any claim that such forum is an inconvenient forum.
(c) Notwithstanding Section 9.E (b), if a claim must be brought in a federal
forum, then it must be brought and adjudicated solely and exclusively within the United
States District Court for the District of Oregon. This Section 9.E(c) applies to a claim
brought against the State of Oregon only to the extent Congress has appropriately
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abrogated the State of Oregon's sovereign immunity and is not consent by the State of
Oregon to be sued in federal court. This Section 9.E(c) is also not a waiver by the State
of Oregon of any form of defense or immunity, including but not limited to sovereign
immunity and immunity based on the Eleventh Amendment to the Constitution of the
United States.
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 a party unless in writing and signed by all parties and
all necessary approvals have been obtained. Budget modifications and adjustments to the
work described in Exhibit A must be processed as an amendment(s) to this Agreement
and the PSK (if applicable). 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 also delegates to Administrators listed therein the authority to execute
intergovernmental agreements over $75,000 for specific programs such as transportation
safety, growth management and public transit.
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Metro ATTORNEY GENERAL'S OFFICE
Metro Approved as to legal sufficiency by the
Attorney General's office.
By:
(Official's Signature) By: Approved by Lynn Nagasako
(Official's Signature)
Date: via e-mail dated October 8, 2010
(Printed Name and Title of Official)
Date:
Contact Names:
Crista Gardner
Metro
City 600 NE Grand Avenue
Portland,OR 97232-2736
City of Tigard Phone: 503-797-1864
Fax: 503-797-1930
By: E-Mail: C,rista.GardnerC oregonmetro.gov
(Official's Signature) Judith Gray
City of Tigard
13125 SW Hall Blvd.
(Printed Name and Title of Official) Tigard,OR 97223Phone: 503-718-2557
Fax: 503-684-7297
Date: E-Mail: JudithCtigard-or.gov
Lidwien Rahman,Contract Administrator
Transportation and Growth Management Program
123 NW Flanders
ODO I
Portland,OR 97209-4037
Phone: 503-731-8229
STATE OF OREGON, by and through Fax: 503-731-3266
its Department of Transportation E-Mail: lid wien.rahmanC(lodot.state,or.u9
By:
Barbara Fraser, Interim Division
Administrator
Transportation Development Division
Date:
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EXHIBIT A
TGM 1L-09
Tigard HCT Corridor Land Use Plan
Agency's Work Order Consultant's Project Manager
Contract Name: Jason Franklin
Name: Project Manager (WOCPM) Address: Parametrix
Address: Lidwien Rahman 700 NE Multnomah, Suite 1000
ODOT Region 1 Portland, OR 97232
123 NW Flanders Phone: 503-416-6167
Phone: Portland, OR 97209 Fax: 503-233-4825
Fax: 503-731-8229 Email: ifranklin c.parametrix.com
Email: 503-731-3266
lidwien.ralzrnana�odot.state.or.us
City's Project Managers Metro's Project Manager
Name: Sean Farrelly Name: Crista Gardner
Address: City of Tigard Address: Metro
Community Development 600 NE Grand Avenue
Department Portland OR 97232
13125 SW Hall Blvd Phone: (503) 797-1864
Tigard, OR 97223 Fax: (503) 797-1930
Phone: (503) 718-2420 Email: Crista.Gardner@oregonmetro.gov
Fax: (503) 684-7297
Email: Sean atigard-or.gov
City's Project Managers
Name: Judith Gray
Address: City of Tigard
Community Development
Department
13125 SW Hall Blvd
Tigard, OR 97223
Phone: (503) 718-2557
Fax: (503) 684-7297
Email: Judith tigard-or.gov
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Definitions
Agency/ODOT Oregon Department of Transportation
AA Federal Transit Administration Alternatives Analysis
Alignment specific location for HCT, as defined through project development IAA
CAC Citizen Advisory Committee
City City of Tigard
CRA Corridor Refinement Plan
FAR Floor Area Ratio
GIS Geographic Information Systems
HCT High Capacity Transit
NTP Notice to Proceed
OHP Oregon Highway Plan.
PMT Project Management Team
Project Tigard HCT Corridor Land Use Plan
PTA Plan Text and map Amendment
Route General location for HCT, as defined by the TPR, not showing a specific
alignment
RTP Metro's Regional Transportation Plan
SEP HCT System Expansion Policy, an element of the 2009 Metro HCT Plan
TAC Technical Advisory Committee
TGM Transportation and Growth Management
TSP Transportation System Plan
TPR Transportation Planning Rule
Typology A station community typology describes a transit-oriented station community
type, recognizing there will be different station communities within the City,
and identifying appropriate perforinance and descriptive benchmarks for these
different types of station communities. Typology benchmarks will include
jobs to housing ratio, median household size,people per acre, dwelling units
per acre, total businesses per acre, FAR and building height, parking ratios,
and land use mix.
V/C Volume/Capacity ratio, a measure of traffic congestion
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 deliN erables assigned to the Consultant. All work assigned to other
entities are not Consultant's obligations under this WOC, but shall be obtained by Agency
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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:
1. At the first sign of non-cooperation, the Consultant shall provide written notice (email
acceptable)to Oregon Department of Transportation(Agency) Work Order Contract
Project Manager(WOCPM) of any deliverables that may be delayed due to lack of
cooperation by other entities referenced in this statement of work.
2. WOCPM shall contact the non-cooperative entity or entities to discuss the matter and
attempt to correct the problem and expedite items determined to be delaying the
Consultant.
If Consultant has followed the notification process described in item 1, and Agency finds
that delinquency of any deliverable is a result of the failure of other referenced entities to
provide information, resources, assistance, or cooperation, as described in this statement of
work, the Consultant will not be found in breach of contract. WOCPM will negotiate with
Consultant in the best interest of the State, and may amend the delivery schedule to allow
for delinquencies beyond the control of the Consultant.
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 Jason
Franklin("Key Person"). Contractor's Key Person 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."
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Project Background
Project Problem Statement
Planning work is needed to determine the best possible land use alternative and transit-
oriented development opportunities in the priority High Capacity Transit(HCT) corridors
to support high capacity transit investments.
This land use plan will help the City of Tigard (City) determine how best to balance land
use and transportation considerations, specifically how to balance Transportation
Planning Rule(TPR) and Oregon Highway Plan(OHP) requirements with the desire for
higher intensity land uses and high capacity transit.
Project Description
The Tigard 99W HCT Corridor Land Use Plan (Project) will identify appropriate Tigard
station area typologies, determine potential locations and transit-supportive land uses for
station areas, and develop potential HCT routes (not alignments)based on a best fit of
typologies in HCT corridor#10 within the City's city limits. HCT corridor#10, is
defined as "Portland City Center to Sherwood, in the general vicinity of Highway 99W"
(Metro Council Resolution 09-4052, 2009). There are likely multiple potential routes and
alignments for HCT corridor#10 within the city limits. The Project will investigate
station area land uses that best fit given the opportunities and constraints discovered
during the project work. Station area concepts based on the opportunities and constraints
and Metro station area typologies will inform the final HCT route and alignment
decisions, which will be determined in a later transportation project development process.
The Project will include an inventory of existing and planned transportation, land uses,
natural resources, and public facilities, and a market study. The Project will identify
future transportation facility and service improvements and land uses, including the
potential for parks, open spaces, and civic uses. Finally, the Project will propose
amendments to the Tigard Comprehensive Plan and Development Code, including
recommendations regarding parking management in the station communities. The City
will develop, and, with Consultant support, will implement, a public involvement plan,
strategic communication, and interagency coordination program that will engage
stakeholders and provide multiple opportunities for formal and informal comments from
the public and affected agencies to seek consensus on future land use and transportation
in the corridor.
Statement of Transportation Relationship and Benefits
The Project will recommend potential HCT station community locations; transit-
supportive land uses and development regulations; and pedestrian, bicycle, and transit
improvements to the stations areas, in support of the proposed Near Teen Priority HCT
Corridor in the vicinity of Highway 99W. The Project will address ridership, access, site
design, and Transportation Demand Management to support the public investment in
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HCT, while maintaining as much as feasible and avoiding further degradation of the
traffic performance of I-5 and Highway 99W.
Study Area
The Project study area (Study Area) includes the segment of the Portland Central City to
Wilsonville Mobility Corridor 42 (Metro 2035 Regional Transportation Plan(RTP)
Mobility Corridor 92) that falls within the city limits. The Mobility Corridor generally
includes 1-5, Highway 99W, and a number of local parallel arterials and trails. The Study
Area also includes the portion of RTP Mobility Corridor#20, which is centered on
Highway 99W, within the city limits, as well as a general area north of Highway 99W
that would allow an alignment of HCT that connects Portland Central City to Washington
Square Regional Center. The Metro Atlas of Mobility Corridors, Draft 1, April 2009,
provides information about each of the RTP Mobility Corridors. The 2035 Regional
Transportation Plan, Figure 2.17, shows the proposed HCT Corridor. The attached Map
shows the Study Area.
Project Context
Regional Planning Context
Metro developed the Regional HCT System Plan in 2009. The HCT System Pian
identifies near- and long-term regional HCT priorities. Corridor#10, Portland to
Sherwood in the vicinity of Highway 99W, is a near-term regional priority HCT corridor.
The Regional HCT System Plan also establishes a System Expansion Policy (SEP),
which delineates a process for advancing potential HCT corridors into the federal project
development phase and towards implementation by providing the framework for local
and regional planning work in each of the HCT priority tiers.
The SEP helps determine which near-term regional priority corridor(s) should move into
the federal project development process or AA. It also provides a transparent process
agreed to by Metro and local jurisdictions to advance lower tier HCT projects through the
tiers. The framework is based on a set of targets designed to measure corridor readiness
to support a high capacity transit project. Specifically, local jurisdictions are asked to:
• Define corridor extent
• Assess the corridor against system expansion targets
• Create a ridership development plan, land use plan, and a transit-oriented
development plan for centers and stations
• Assess mode and function of HCT
• Create multimodal station access and parking plans
• Assess financial feasibility
Through this Project, the City is implementing the SEP by taking an initial key step to
create a ridership development plan, based on a land use and transit-oriented
development plan for potential stations.
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This land use Project will inform and advise the potential AA. The AA for the next
priority HCT corridor is scheduled to begin during 2010-2011. The HCT Corridor in the
vicinity of Barbur Boulevard is one of three corridors identified as a near term regional
priority. Near-term regional priority corridors are defined as Corridors most viable for
implementation in the next four years. This Project will determine opportunity areas for
transit-supportive land use densities and mix as well as potential station locations and
station area types within the City, based on criteria to be developed as part of this
process. That information may then be used to help inform the alignment choice made
during the AA and subsequent draft and final Environmental Impact Statements. Any
station area locations identified through this Project are subject to change based on the
AA.
This Project relates to and is affected by several other Metro planning projects that are
part of the Making the Greatest Places work, including the RTP and the associated
Regional Mobility Corridors; the Active Transportation Corridors initiative and
specifically the Barbur Boulevard Active Transportation Corridor and Fanno Creek Trail
proposals, and the Local Aspirations work.
The RTP has determined that a Corridor Refinement Plan (CRP) is needed for the
Portland Central City to Wilsonville Corridor, which includes Mobility Corridors 2, 3,
and 20, and which generally includes 1-5, Highway 99W, and a number of local parallel
arterials and trails. A CRP defines, at a system planning level, the needs,planned
function(s), mode(s), general location of improvements, and performance measures of all
facilities within the broad Mobility Corridor, It is essential that the system level decisions
regarding the planned functions, modes, performance measures, and general location of
improvements on both I-5 and Highway 99W be made prior to or concurrent with
decisions regarding the potential alignment of the HCT line within the general Portland to
Tigard/Sherwood Corridor. At this time, this Refinement Plan Corridor has been
tentatively given the highest priority ranking of the 5 Refinement Plan Corridors. The
relationship between the Washington Square Regional Center and the designated
Refinement Plan corridor also needs to be examined.
Since neither the CRP nor the HCT AA have been initiated let alone completed at this
time, this Project will have to be closely coordinated with those efforts as they occur.
Meanwhile, the land use and station location work conducted for this Project cannot
presume any particular HCT alignment or station locations. Therefore, the Study Area
should cover a broad swath of potential alignments. As indicated above, this Project may
identify opportunity areas for transit-supportive land use densities and mix, as well as
locations for potential HCT stations, which may help inform, but are subject to change as
a result of decisions to be made in the CRP and AA.
Local Planning Context
The City aspires to transform the 4.5 mile stretch of Highway 99W corridor that runs
through it. While recognizing the regional transportation importance of Highway 99W,
the City also wishes to alleviate the negative impacts of traffic congestion on the
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community by creating a comfortable place for people to live, work, and play in the
corridor. HCT and zoning to support it would be an important tool in this desired
transformation.
Over the last five years, the City, often with financial and technical assistance from
ODOT and the TGM Program., has developed plans and created visions for transportation
and land use within the Highway 99W corridor and the downtown area. Recently
completed plans include the Tigard Highway 99W Land Use and Urban Design Vision
(City of Tigard, January 2010), Highway 99W Corridor Improvement and Management
Plan (City of Tigard, July 2007), Tigard Downtown Improvement Plan (2005), City
Center Urban Renewal Plan (2005), Tigard Downtown Streets cape Design Plan (2006),
Downtown Future Vision (2009), Tigard Multi-Modal Pathways Plan, and Tigard
Transportation System Plan (2009).
The City of Portland has adopted a Barbur Boulevard Streetscape Plan(1999). The City
of Portland is currently evaluating land uses through its Portland Plan. The cities of
Portland, King City, Tualatin, Sherwood, and Beaverton, as well as other key
stakeholders, will be informed and consulted as part of this Project.
Project Context Diagram
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— '"1 0 `
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Project Objectives
• Enhance ability of transit to support City's vision and local aspirations for growth;
• Enhance City's ability to warrant HCT investment;
• Promote transit-oriented development consistent with the Metro 2040 Concept Plan Corridor
and Station Community designations and with the HCT Plan SEP targets;
• Develop strategic messaging to communicate with citizens and decision makers;
• Meet state, local, and regional goals, plans, and standards, including but not limited to the
2040 Concept Plan, RTP, HCT, SEP, TPR and OHP;
• Identify potential station area locations throughout the Study Area, considering opportunities
and constraints; and
• Develop a preferred land use alternative, opportunities for transit-oriented developments, and
recommendations leading to proposed Tigard Comprehensive Plan and Development Code
reap and text amendments (contingent on further planning, project development, and funding
of the HCT alignment).
The planning process will:
• Develop consensus on objectives and evaluation criteria for typologies and transit-oriented
development and station location opportunities;
• Define and evaluate a range of 1-3 typologies and specific opportunities for transit-oriented
developments at 6-10 station areas ;
• Establish and implement a public participation program;
• Coordinate with other affected jurisdictions and agencies in policy and technical analysis and
public outreach; and
Produce a conceptual land use plan consisting of proposed Comprehensive Plan and
Development Code map and text amendments identifying station area typologies, pennitted land
uses, density and mix, Floor Area Ratio (FAR), parking management and parking lot design,
provision for pedestrian and bicycle access to the stations, and other on- and off-site
development requirements consistent with the Regional Transportation Functional Plan, and
Metro HCT System Expansion Policy Framework and Title 6 of the Urban Growth Management
Functional Plan .
Consultant shall ensure that any work products produced pursuant to this WOC 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."
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Deliverables Overview
The core Consultant services for this Project include:
1. Assist with implementation of the strategic public involvement program;
2. Inventory existing conditions, market, and policies;
3. Establish performance-based goals, objectives and evaluation criteria;
4. Develop concept plan alteratives in coordination with Project stakeholders;
5. Refine draft concept plan alternatives;
6. Conduct evaluation, including traffic analysis, of concept plan alternatives; and
7. Help the City select a preferred alternative based on the evaluation and public
comments.
Metro and the City's Role
The City and Metro Project Managers together with ODOT's Work Order Contract
Project Manager and the Consultant Project Manager, form the Project Management
Team(PMT). The job of the PMT is to direct the Consultant and City and Metro staff
work, make contract-related decisions, provide guidance, coordinate, and act as a liaison
to the Project Technical Advisory Committee (TAC). The PMT shall perform,
coordinate, and delegate tasks identified in the Statement of Work to other City, Metro,
Agency departments. The Metro Project Manager shall be responsible for grant, IGA, and
contract management issues and managing the performance of all Metro technical work.
PMT shall meet or teleconference at the beginning of each major task to coordinate and
clarify the work. PMT shall assess progress of the Project, provide oversight, and ensure
compliance with TGM requirements. The City shall facilitate PMT meetings, prepare
meeting notes, and arrange meeting venues. (PMT meetings are listed in the Tasks in
which they occur.)
Metro Project Manager and WOCPM shall review and approve all Consultant
deliverables and invoices. The City Project Manager shall be responsible for public,
stakeholder, and interagency involvement, coordination with City Planning Commission,
Council, and City staff, and all meeting logistics.
The City and Metro Project Managers shall make all existing information pertinent to the
Project available to the Consultant team. Information must be provided in electronic form
whenever possible. The City shall provide all meeting logistics, i.e. agendas, meeting
rooms, notification, and meeting notes.
Expectations about Written And Graphic Deliverables:
Traffic analysis must be conducted by an Oregon-registered professional civil or traffic
engineer.
All written (text) deliverables are required both in hard copy and electronic version, with
the electronic version to be completed in Microsoft Word or Adobe Acrobat PDF format.
All graphic deliverables must be provided in both hard copy and electronic format with
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the electronic version in either an Adobe Acrobat or other format agreed upon by the
City, Metro, ODOT and the Consultant.
For the purposes of this Project:
• Draft materials for PMT Meetings are due to the PMT one week prior to the
scheduled meeting date, unless other arrangements are made.
• Draft materials for TAC meetings are due to the PMT for electronic distribution
one week before the scheduled meeting date, unless other arrangements are made.
• Draft materials for Project Open Houses must be delivered to the PMT for review
one week prior to the scheduled Open House Date, unless other arrangements are
made.
• Draft materials for City and Metro Council or joint work session(s) must be
delivered to the PMT three weeks prior to the scheduled meeting dates, unless
other arrangements are made.
• The Consultant shall provide the PMT with final versions of all Project
deliverables a minimum of three days prior to distribution to the TAC, Citizen
Advisory Committee (CAC), Planning Commission, or City Council.
STATEMENT OF WORK
Task 1: Project Setup
Objectives
• Conduct a public involvement program to garner community input to develop and inform the
Project and keep the public informed on the Project.
• Coordinate with concurrent public planning projects and events, including the ECT
Alternative Analysis, 99W Visioning Project, Main Street Project, and other projects.
• Establish list of stakeholder and interested parties and TAC, CAC and Tigard HCT Team.
• Agree on a public involvement plan, including decisions about potential open houses,
workshops, stakeholder interviews, CAC and the Tigard HCT Team,
Subtasks
1.1 Public Involvement Plan. City shall prepare draft and final Public Involvement Plan, a
strategy and plan to engage the public in the Project. The Public Involvement Plan must
include specific steps to provide opportunities for participation by federal Title VI
communities. The Public Involvement Plan must define the Tigard HCT Team activities
and must identify the role of the Consultant in conducting the Tigard HCT Team
activities. 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. The Public
Involvement Plan must be sufficient to meet the requirements under applicable state and
local regulations for legislative land use decisions. At the first PMT meeting, the PMT
(City PM, Metro PM, WOCPM, and Consultant PM) shall review and comment on the
draft Public Involvement Plan.
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1.2 Stakeholder Roster and Mailing List. City shall develop a Stakeholder Roster, an
interested parties list comprised of: (a) property owners, tenants, and business
representatives in the Study Area; (b) service providers; (c) affected agencies and
jurisdictions [including but not limited to City, ODOT, TriMet, Metro, Department of
Land Conservation and Development, City of Portland, City of King City]; (d) citizen
groups and (e) other interested persons or groups. The City shall establish and regularly
update a project Mailing List developed from the Stakeholder Roster.
1.3 Stakeholder Interview Summary Report. City shall prepare Stakeholder Interview
Summary Report, a compilation of the results of group or individual interviews with up
to 50 individual stakeholders as defined in the Stakeholder Roster. The purpose of these
interviews is to develop strategic messaging to communicate with citizens and decision
makers, and to solicit opinions regarding HCT and the potential for transit-supportive
development and land uses in station areas. Additionally, the City shall use the interviews
to recruit participation in the Tigard HCT Team. The City shall prepare and share in
advance with PMT a list of interview questions. Metro and Consultant shall review and
comment on draft stakeholder interview questions.
1.4 PMT Meeting#1 and Project Schedule. City shall provide logistics for and facilitate
PMT Meeting 41, a kick-off meeting to be held at the City offices within four weeks of
Notice to Proceed. The purpose of PMT Meeting#I is to ensure that the PMT clearly
understands Project objectives, statement of work, roles, assignments and deliverables.
The PMT (City PMs, Metro PM, WOCPM, and Consultant PM) shall attend PMT
Meeting#1, and shall discuss the draft Public Involvement Plan and Project Schedule and
provide direction regarding work for Task 2, "Existing Conditions." City shall develop a
draft process for review and feedback among the City, Metro, Consultant, Project
committees and public to be implemented throughout the Project.
1.5 Project Schedule. The City shall prepare a draft Project Schedule, including TAC, CAC
and Tigard HCT meeting dates, open house and design workshop dates. Consultant and
Metro shall review and comment on the draft Project Schedule. City shall finalize the
Project Schedule after review and comments provided by the PMT.
1.6 TAC Roster. The City shall solicit and confirm participation of a TAC of stakeholder
agencies, including but not limited to ODOT, Department of Land Conservation and
Development, TriMet, Metro, the City of Tigard, the City of Portland, the City of King
City, Washington County, and Water Environment Services. The PMT shall endorse
City's proposed list of participants.
The TAC shall provide technical review, ensure coordination among agencies and other
planning efforts in the Study Area, and ensure compliance with state and regional plans,
policies, and standards. City shall provide meeting logistics, materials, minutes and
venues for all TAC meetings. City shall develop a process for review and feedback
between the PMT and TAC throughout the Project.
1.7 TAC Meeting#1. City shall organize and Consultant shall facilitate TAC Meeting#l, a
kick off meeting to be held within four weeks after the TAC is selected. The purpose of
the TAC Meeting 41 is to ensure that the TAC participants clearly understand the Project
objectives, their role, assignments and deliverables. Metro and Consultant shall attend
TAC Meeting#1. City shall prepare meeting summary of TAC Meeting#1.
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1.8 Tigard HCT Team Roster. City shall solicit Tigard HCT Team members and prepare a
Roster. The Public Involvement Plan will determine the make-up of the Tigard HCT
Team. The Tigard HCT Team may consist of an existing citizen board like the Tigard
Planning Commission, Tigard Transportation Advisory Committee, or a new committee
of stakeholder citizens, including but not limited to Business Owners, Renters,
Neighborhood Representatives,Non-profit Representatives, and Under-represented
groups. City shall provide meeting logistics, materials, minutes and venues for all Tigard
HCT Team activities.
1.9 CAC Meeting#1. City shall organize and Consultant shall facilitate CAC Meeting 41, a
kick off meeting to be held within six weeks after the CAC is selected. The purpose of
CAC Meeting#1 is to ensure that the CAC participants clearly understand the Project
objectives, their role, assignments and deliverables. Metro and Consultant shall attend
CAC Meeting#1. City shall prepare meeting summary of CAC Meeting#1
Task 1 Deliverables
City:
IA Public Involvement Plan (Task 1.1)
IB Stakeholder Roster and Mailing List(Task 1.2)
1C Stakeholder Interview Summary Report (Task 1.3)
ID PMT Meeting#I (Task 1.4)
IF Project Schedule (Task 1.5)
1F TAC Roster (Subtask 1.6)
1G TAC Meeting 41 Logistics and Meeting Summary (Subtask 1.7)
1H Tigard HCT Team Roster(Subtask 1.8)
1I CAC Meeting#1 Logistics, Facilitation and Meeting Summary(Subtask 1.9)
Metro:
]A Review and comment on Draft Public Involvement Plan (Task 1.1)
1B Review of Stakeholder Interview Questions (Task 1.3)
1C PMT Meeting#1 (Task 1.4)
1D Review and input on Draft Project Schedule (Task 1.5)
1 E TAC Meeting#I Attendance (Task 1.7)
1F CAC Meeting#1 Attendance(Task 1.9)
Consultant:
1A Review and comment on Draft Public Involvement Plan (Task 1.1)
1B Review and comment on Stakeholder Interview Questions (Task 1.3)
1C PMT Meeting#I (Task 1.4)
1D Review and comment on Draft Project Schedule (Task 1.5)
IF TAC Meeting#I Facilitation(Task 1.7)
1F CAC Meeting 41 Attendance (Task 1.9)
Schedule:
Throughout the duration of the Project except where noted in subtasks.
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Task 2: Existing Conditions Report and Typology Definition
Objectives
• Create Project base maps.
• Identify local, regional and state plans, goals,policies, standards, and regulations applicable
to development of the Study Area.
• Refine Project Goals and Objectives to meet the needs of City, other agencies, and
stakeholders.
• Develop criteria, based on Project Goals and Objectives, for evaluating alternatives.
• Collect and review land use, transportation, infrastructure, and natural resources data from
relevant inventories, plans,pertinent to development of the Study Area from City, Metro,
ODOT, Washington County, and other service providers.
• Determine any data gaps, conflicts and deficiencies in the above-listed documents.
• Determine the existing conditions of the Study Area.
• Conduct a market study for the Study Area to determine feasibility of residential,
commercial, mixed-use, civic, and light industrial development.
• Identify station area typologies that appear viable and most appropriate within the City
considering, opportunities, constraints and community desires.
Subtasks
2.1 Base Maps. City shall provide data and Metro shall use Geographic Information System
(GIS) shape files and other relevant data in electronic format to prepare multiple base
maps that focus on different aspects of the Study Area, including natural features,
Regionally Significant Fish and Wildlife Habitat Inventory Maps, existing and planned
land uses including vacant and redevelopable land, ownership patterns, public facilities,
and topography. Base map layers must include aerial photos and topographical
projections. Metro shall gather and document supporting infonnation on property
ownerships, parcel data, urban services, and assessed values for structures and land.
Metro shall provide the base reaps in electronic form, compatible with the City's GIS
(ArcGIS v.8.0 .mxds and shape files), as well as hard copy.
2.2 Policy Analysis Report. City shall provide information and Metro shall assemble,
review, and summarize in a policy analysis report,pertinent regulatory information,
including: Federal requirements affecting the light rail station areas, State requirements
and laws including the TPR and the OHP; Metro regional requirements of the 2040
Functional Plan, HCT Plan including the SEP and associated land use and development
targets, and the RTP; and adopted City plans including the 99W Vision and
Comprehensive Plan and zoning designations and policies and transportation planning
policies.
2.3 Project Objectives and Evaluation Criteria. Metro shall prepare draft and final
"Project Objectives and Evaluation Criteria"by which the concept alternatives must be
evaluated. The criteria must be simple quantitative (e.g., "best meets performance
standards") and qualitative(e.g., "is consistent with Tigard Community Plan") measures.
The criteria must include, but are not limited to: HCT SEP targets, environmental
impacts, infrastructure costs, transportation performance (Level of Service and volume-
to-capacity (v/c) ratios, modal split, and other performance standards in the City's
Transportation System Plan (TSP), the RTP, and the OHP), and market feasibility. City
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and Agency shall review and comment on draft Project Objectives and Evaluation
Criteria,
2.4 Site Visit. PMT shall conduct a site visit to observe and inventory existing land use
conditions, natural resources, and traffic patterns. City shall obtain permission from
property owners for necessary access onto private property.
2.5 Existing and Future Base Case Transportation Conditions Chapter. Consultant shall
prepare draft and final"Existing and Future Base Case Transportation Conditions
Chapter," an assessment of existing and new information about the transportations
system. As part of developing this chapter of the Existing Conditions Report, City shall
provide, and Consultant shall review existing transportation analyses, including analysis
conducted for the Tigard 99W Improvement and Management Plan (City of Tigard, July
2007) and City's TSP and any recent development review traffic impact analyses for all
intersections with Highway 99W within the Study Area, as well as any signalized
intersections with State Highways within the Study Area in the vicinity of Washington
Square. Using this data, the Consultant shall assemble information about existing
intersection operations (v/c and Level of Service), traffic and transit performance, and
safety for the Study Area intersections. Using data from the City's TSP and RTP,
supplemented with field observation, Consultant shall also inventory existing and
planned roadway (including functional classifications for all modes, right-of-way
location, width and cross-sections), rail, bicycle,pedestrian, and transit facilities and
services and planned improvements in the Study Area. No new traffic counts will be
collected or evaluated as part of this study. Consultant shall document existing mobility,
street design, and access management standards including intersection and driveway
spacing requirements for the City, Metro, Washington County and ODOT.
Consultant shall obtain existing available analyses from the previously mentioned plans
and studies for 2035 for the Study Area intersections, as well as transit performance
based on 2035 development under current Comprehensive Plan designations and zoning
and assuming the 2035 Financially Constrained RTP transportation network. Metro shall
provide existing base and future year travel demand model output for the Study Area
including link level traffic projections, v/c ratios, and select link information to assist in
determining the composition of traffic volumes along Study Area state highways (i.e., to
distinguish through volumes from local traffic).
Consultant shall analyze the information and prepare a report documenting existing and
future transportation conditions in the Study Area focusing on opportunities and
constraints in the system as they could affect the location and analysis of potential HCT
stations. The Consultant shall provide ODOT a minimum of two weeks to review and
comment on any materials produced under this subtask.
2.6 Existing and Planned Land Uses Chapter. City shall provide information, and
Consultant shall prepare draft and final"Existing and Planned Land Uses Chapter," a
brief(4-5 pages) report and 2-4 maps (using base maps) that reviews existing zoning and
Comprehensive Plan designations, and existing land uses. Consultant shall review any
vision documents or neighborhood plans, including the 99W Improvement and
Management Plan, Downtown Plan and Tigard Highway 99W Land Use and Urban
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Design Vision. The PMT shall develop a methodology and criteria for evaluating
buildable lands and redevelopment opportunities, and Consultant shall apply this
methodology. Report must document existing and planned development under current
Comprehensive Plan and zoning and opportunities (strengths) and constraints
(weaknesses) to (re)development at transit-supportive densities and land use mix
consistent with HCT SEP targets within the Study Area.
2.7 Natural Resources Inventory Chapter. Consultant shall prepare a brief(2-4 pages)
draft and final"Natural Resources Inventory Chapter" documenting findings on existing
natural resources, and potential applicable Metro Urban Growth Management Functional
Plan Title 13 habitat friendly development practices. In preparing report, Consultant
shall review existing resource documentation such as National Wetland Inventory, Local
Wetland Inventory, Regionally Significant Fish and Wildlife Habitat Inventory Maps,
Washington County Significant Natural Resources maps, National Resource
Conservation Service Soil Survey, and United States Geological Service maps.
Consultant shall review Title 13 habitat friendly development practices. Consultant shall
prepare a brief(2-4 pages)Natural Resources Inventory Report documenting findings on
existing natural resources, and potential applicable Title 13 habitat friendly development
practices.
2.8 Public Infrastructure Existing Conditions Chapter. City shall prepare draft and final
"Public Infrastructure Existing Conditions Chapter," a 2-3 page memo detailing the
existing conditions of public infrastructure within the City. Public Infrastructure Existing
Conditions Chapter must include maps using City GIS data and layers, showing existing
public infrastructure within the Study Area, including sanitary sewer, water, stormwater
facilities,parks and open space, but not including transportation infrastructure.
2.9 Market Study and Strategy Chapter. Consultant shall prepare a draft and final
"Market Study and Strategy Chapter" to define probable short- and long-term market
demand. The Consultant shall review the market study conducted as part of the Tigard
99W Improvement and Management Plan (City of Tigard, July 2007). The chapter on
market study and strategy must include, at a minimum, information about:
(a) the supply and demand for various commercial, mixed-use, retail, multi-family
residential, institutional, and light industrial uses). The Consultant shall define
market demand for each of these uses in terms of character, scale, density, and
quality;
(b) the opportunities/strengths and constraints/weaknesses of the Study Area and its
ability to attract (re)development at transit-supportive densities and land use mix
consistent with HCT SEP targets;
(c) anticipated timing of development by type; and
(d) necessary economic development efforts and strategies to encourage development
of transit-supportive land uses.
2.10 Existing Conditions and Future Base Case Report. Metro shall collect findings from
each of the above sub-tasks and prepare an Existing Conditions and Future Baseline
Report ("Existing Conditions Report") documenting the policy,transportation, land use,
natural resources, and public infrastructure data collection effort and market study,
summarizing opportunities and constraints for (re)development of transit-supportive land
uses and development patterns. The Existing Conditions Report must include a map of
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potential re-development areas within the Study Area. City and Agency shall review and
comment on draft Existing Conditions Report.
2.11 Modified Tigard Station Area Typologies Memo. Based on the Existing Conditions
Report and public involvement activities, Consultant shall prepare "Modified Tigard
Station Area Typologies Memo," a 5-10 page memo with graphics defining the refined
typologies modifying the typologies as defined in the Metro State of the Centers Activity
Spectrum(2009) and the Metro Transit-Oriented Development Strategic Plan (20 10) to
fit the character of the City and the 2040 Growth Concept Station Community design
type, to determine 1-3 typology alternatives. Examples of station typologies from the City
of Denver include downtown, major urban center, urban center, urban neighborhood,
commuter town center, main street, and campus/special events. Typologies descriptions
shall include jobs to housing ratio, median household size, people per acre, dwelling units
per acre, total businesses per acre, FAR and building height, parking ratios, and land use
mix. (see http:l/www.metro-rek;ion.org/ind.ex.efin/go/by.web/id=140 for more on Metro
typologies). City and Agency shall review and comment on draft Modified Tigard Station
Area Typologies Memo.
2.12 PMT Meeting#2. City shall provide logistics for and facilitate PMT Meeting#2, to
review and discuss the draft Task 2 deliverables and upcoming tasks. City PM, Metro
PM, WOCPM, and Consultant PM shall attend PMT Meeting#2. City shall prepare
meeting summary of PMT Meeting 42.
2.13 TAC Meeting#2. City shall provide logistics and Consultant shall facilitate TAC
Meeting#2 to share and review the Task 2 existing conditions findings to date, including
the Market Study and Strategy Chapter and the Project Objectives and Evaluation
Criteria. Consultant shall present the findings from the Existing Conditions Report and
Metro shall present the draft Project Objectives and Evaluation Criteria. Metro and
Consultant shall attend TAC Meeting#2. City shall prepare meeting summary of TAC
Meeting#2.
2.14 CAC Meeting#2. City shall provide logistics and facilitate CAC Meeting#2 to review
Task 2 deliverables, including the Market Study and Strategy Chapter, Existing
Conditions and Project Objectives and Evaluation Criteria.. Consultant shall present the
findings from the Existing Conditions Report and Metro shall present the draft Project
Objectives and Evaluation Criteria. Metro and Consultant shall attend CAC Meeting#2.
City shall prepare meeting summary of CAC Meeting#2.
Deliverables
City:
2A Provide GIS shape files/data for Base Maps to Metro (Task 2.1)
2B Provide documents for Policy Analysis Report (Task 2.2)
2C Site Visit (Task 2.4)
2D Provide information for Existing and Base Case Transportation Conditions Chapter (Task
2.5)
2E Provide information for Existing and Planned Land Uses Chapter(Task 2.6)
2F Public Infrastructure Existing Conditions Chapter (Task 2.8)
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2G Review and provide comments on Draft Project Objectives and Evaluation Criteria;
(Task 2.3), Existing Conditions and Future Base Case Report; (Task 2.10), and Modified
Tigard Station Area Typologies Memo (Task 2.11)
2H PMT Meeting 42 Logistics and Meeting Summary (Task 2.12)
2I TAC Meeting#2 Logistics and Meeting Summary (Task 2.13)
2J CAC Meeting 92 Logistics, Facilitation and Meeting Summary (Task 2.14)
Metro:
2A Base Maps (Task 2.1)
2B Policy Analysis Report(Task 2.2)
2C Project Objectives and Evaluation Criteria (Task 2.3).
2D Site Visit(Task 2.4)
2E Draft methodology and criteria for evaluating buildable lands and redevelopment
opportunities (Task 2.6)
2F Existing Conditions and Future Base Case Report(Task 2.10)
2G AMT Meeting#2, Attendance (Task 2.12)
2H TAC Meeting 42, Attendance and Presentation (Task 2.13)
21 CAC Meeting#2, Attendance (Task 2.14)
Consultant:
2A Site Visit(Task 2.4)
2B Existing and Future Base Case Transportation Conditions Chapter(Task 2.5)
2C Existing and Planned Land Uses Chapter(Task 2.6)
2D Natural Resources Inventory Chapter(Task 2.7)
2E Market Study and Strategy Chapter (Task 2.9)
2F Modified Tigard Station Area Typologies Memo (2.11)
2G PMT Meeting 42 (Task 2.12)
2H TAC Meeting#2 (Task 2.13)
21 CAC Meeting 42, Attend and Present(Task 2.14)
Schedule:
Task 2 must commence at most six weeks from Notice To Proceed(NTP) and be completed
within five calendar months from NTP.
Task 3: Typology and Conceptual Station Community Plan Alternatives Development and
Evaluation
Objectives
• Define 6 to 10 potential station community locations within the Study Area.
• Modify the Centers and Station Community typologies in the Metro State of the Centers
Activity Spectrum (2009) and the Metro Transit-Oriented Strategic Plan (2010) to be
applicable to the City.
• Develop 1 to 3 station typology alternatives for each station area.
• Evaluate Station Area Conceptual Plan Alternatives.
• Conduct interactive Workshop and incorporate stakeholder feedback.
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Sub-Tasks:
3.1 Station Community Locations Memo. Based on the Tigard Typologies developed in
Task 2, Metro shall prepare draft and final "Station Community Locations Memo," a 4-5
page memo and supporting map(s) defining where station communities might best fit
within the Study Area, based on generalized current transportation (transit and vehicular)
and engineering practices, market feasibility and engineering and environmental
feasibility. Metro shall meet with agency stakeholders, including but not limited to
TriMet engineers and planners; City engineers and land use planners; ODOT engineers
and planners; Metro transportation modelers, Metro Transportation Planning, Corridor
Planning and Growth Management planners, Metro Transit-Oriented-Development staff,
Metro land use planners to determine potential HCT alignments, and associated station
community locations for purposes of this Project. These station community locations are
for Project purposes only and may change depending on future HCT AA and Project
Development phases. Metro shall present the Potential Station Community Locations
Memo to the PMT and TAC, and revise based on PMT and TAC comments (Subtasks 3.8
and 3.9). City and Agency shall review and comment on the draft Station Community
Locations Memo.
3.2 Project Design Workshop. City shall organize and provide logistics and Metro shall
facilitate the Project Design Workshop, a half-day design session and evening public
event to determine the typologies to use within the corridor and a general HCT route
based on the station area locations. The workshop must provide directions for the
development and evaluation of 2-3 conceptual corridor alternatives with identified station
areas based on the modified typologies and the Existing Conditions Report and
stakeholder, TAC, and Tigard HCT Team comments to date. Alternatives must include
recommended land use types for 6 to 10 station area locations. PMT and key members of
the Consultant team shall participate; TAC, Tigard HCT Team and invited stakeholders
must be invited. The evening session must include a public workshop and will highlight
the work of the Tigard HCT Team.
3.3 Conceptual Station Community Plan Alternatives Memo and Map. Consultant shall
prepare a draft and final map and a 5-10 page Conceptual Station Community Plan
Alternatives Memo which describes the Conceptual Station Community Plan Alternatives
based on their best fit in the corridor, along with supporting maps, graphics, and tables.
Alternatives must include 6 to 10 station area locations, with 1 to 3 recommended
typologies for each station, and a generalized HCT route. Based on the results of the
design workshop, the Consultant shall develop and refine Conceptual Station Community
Plan Alternatives Memo that includes: proposed land use pattern, multi-modal
transportation network, natural resources, parks and open space. Basic land use metrics
for each station area alternative (jobs to housing ratio, median household size, people per
acre, dwelling units per acre, total businesses per acre, FAR and building height, parking
ratios, and land use mix) must be included. Metro shall compare population and
employment numbers based on typology land uses to existing and planned land uses on a
traffic analysis zone ("TAZ") level and provide the necessary input for the transportation
post processing work in Task 3.4. The transportation element must include a street
network and bicycle, pedestrian, and transit facilities and services. The street network
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trust be adequate to support the proposed development concepts and conform to Metro,
City, ODOT, and County intersection spacing and design standards. City and Agency
shall review and comment on the draft Conceptual Station Community Plan Alternatives
Memo and map.
3.4 Station Community Plan Alternatives Transportation Analysis Memo. Consultant
shall prepare draft and final Station Community Plan Alternatives Transportation
Analysis Memo, evaluating the performance of the transportation network in the
Conceptual Station Community Plan Alternatives. Consultant shall obtain from Metro
traffic volume and v/c output for a scenario based on the station location analysis
conducted by Metro under Task 3.1. Metro shall identify potential mode split associated
with the alternative station locations and likely future (2035) link volumes. Metro shall
use the Financially Constrained 2035 RTP, Tigard and Washington County TSPS, and
OHP to make initial assumptions about the transportation network and designations and
capacity. Consultant shall post process model output at up to 12 intersections where there
is existing turning movement count data to evaluate the traffic impacts of the Conceptual
Station Community Plan Alternatives for all of the station areas including v/c and Level
of Service performance. These 12 intersections must include those locations which were
detennined to be at risk of not meeting mobility standards in the Existing Conditions
Report. For purposes of this Project, these locations are identified as "critical
intersections."
The Station Community Plan Alternatives Transportation Analysis must compare the
performance under the 2035 Future Base case to the 2035 performance at the critical
intersections under each of the proposed Conceptual Station Community Plan Alternative
land uses to determine if there is any significant impact on planned transportation
facilities, as defined by the TPR(OAR 660-012-0060). Methodology and assumptions to
be used in the analysis must be approved by ODOT Region 1 Traffic staff prior to
conducting the analysis. Proposed new arterial and collector roadways, as agreed upon by
the PMT, must also be analyzed to determine approximate traffic volume demands to
guide sizing of the facilities (e.g. number of lanes) and identification of appropriate
intersection controls for major intersections. Proposed new intersections must comply
with the RTP, City, Washington County, and ODOT design, access management and
mobility standards. Should any proposed new intersections not meet design, access
management or mobility standards, Consultant shall propose mitigation to address the
specific deficiency. The Consultant shall propose bicycle and pedestrian access
improvements to the stations, as well as bicycle storage facilities and other transportation
amenities to enhance the station area where appropriate and feasible. Consultant shall
provide ODOT Region 1 Traffic staff a minimum of two weeks to review and comment
on any materials produced under this subtask. City and Agency shall review and
comment on the draft Station Community Plan Alternatives Transportation Analysis
Memo.
3.5 Draft Conceptual Station Community Plan Alternatives Evaluation Report. Metro
shall prepare Conceptual Plan Alternatives Evaluation Report that evaluates the
Conceptual Station Community Plan Alternatives against the Project Objectives and
Evaluation Criteria. Draft Conceptual Station Community Plan Alternatives Evaluation
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Report must include a short written qualitative and quantitative description of each of the
alternatives, an analysis of how each alternative meets the evaluation criteria, and a brief
description of opportunities, constraints, and issues associated with each alternative.
Basic metrics (jobs to housing ratio, median household size, people per acre, dwelling
units per acre, total businesses per acre, FAR and building height, parking ratios, and Iand
use mix)must be included for each alternative. City and Agency shall review and
comment on Draft Conceptual Station Community Plan Alternatives Evaluation Report.
3.6 PMT Meeting#3. City shall provide logistics for and facilitate PMT Meeting 43 to
review the TAC Meeting#3 agenda and finalize specific materials to be presented and
discussed. City PM, Metro PM, WOCPM, and Consultant PM shall attend PMT Meeting
#3.
3.7 TAC Meeting#3. City shall provide logistics and Consultant shall facilitate TAC
Meeting #3 to share the Station Communities Locations Memo prepared by Metro, the
Conceptual Station Community Plan Alternatives Memo prepared by Consultant, and the
Conceptual Station Community Plan Alternatives Evaluation Report prepared by Metro,
and to receive TAC direction and recommendations to guide Task 4 development of the
Preferred Conceptual Station Community Plan Alternative for each of the station areas.
Consultant shall present the Conceptual Station Community Plan Alternatives Memo
including the Transportation Analysis. City shall prepare a meeting summary of TAC
Meeting#3. Metro and Consultant shall attend TAC Meeting 93.
3.8 Tigard HCT Team Activities. Based on the Public Involvement Plan in Task 1.1 the
City and Metro shall conduct the appropriate HCT Team activities with support from the
Consultant.
3.9 CAC Meeting#3. City shall provide logistics and facilitate CAC Meeting#3. The
purpose of CAC Meeting 43 is to share the Station Communities Locations Memo
prepared by Metro, the Conceptual Station Community Plan Alternatives Memo prepared
by Consultant, and the Conceptual Station Communities Alternatives Evaluation Report
prepared by Metro. An additional purpose of CAC Meeting#3 is to receive CAC
recommendations to guide Task 4 development of the Preferred Conceptual Station
Community Plan Alternative for each of the station areas. Consultant shall present the
Conceptual Station Community Plan Alternatives Report including the Transportation
Analysis. City shall provide a meeting summary of CAC Meeting#3. Metro and
Consultant shall attend CAC Meeting#3.
Deliverables:
City;
3A Station Community Locations Memo; Review and Comment (Task 3.1)
3B Project Design Workshop (Task 3.2)
3C Review and written comments on Conceptual Station Community Plan Alternatives
(Task 3.3)
3D Review and written comments on Station Community Plan Alternatives Transportation
Analysis Memo (Task 3.4)
3E Review and written coznments on Draft Conceptual Station Community Plan Alternatives
Evaluation Report 9 (Task 3.5)
3F PMT Meeting#3 (Task 3.6)
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3G TAC Meeting#3 Logistics and Meeting Sununary (Task 3.7)
3H Tigard HCT Team Activities (Task 3.8)
31 CAC Meeting#3 Logistics, Facilitation and Meeting Summary (Task 3.9)
Metro:
3A Station Community Locations Memo (Task 3.1)
3B Project Design Workshop (Task 3.2)
3C Draft Conceptual Station Community Plan Alternatives Evaluation Report(Task 3.5)
3D PMT Meeting 43 (Task 3.6)
3E TAC Meeting#3 (Task 3.7)
3F Tigard HCT Team Activities (Task 3.8)
3G CAC Meeting#3 (Task 3.9)
Consultant:
3A Project Design Workshop (Task 3.2)
3B Conceptual Station Community Plan Alternatives Memo and Map (Task 3.3)
3C Station Community Plan Alternatives Transportation Analysis Memo (Task 3.4)
3D PMT Meeting 43 (Task 3.6)
3E TAC Meeting#3 (Task 3.7)
3F Tigard HCT Team Activities support (Task 3.8)
3G CAC Meeting#3 (Task 3.9)
Schedule:
Months 6-9
Task 4: Finalize Conceptual Station Community Plan
Objectives:
• Develop the Preferred Conceptual Station Community Plan for each station community from
the preliminary Conceptual Station Community Plan Alternatives developed in Task 3.
• Analyze the Preferred Conceptual Station Community Plan for traffic and transportation
performance;
• Conduct interactive open house and incorporate stakeholder feedback into a single
recommended final Conceptual Station Community Plan.
• Prepare a final Conceptual Station Community Plan for the Study Area that specifies land use
patterns and a layout for the transportation system and parks, open spaces, and civic uses.
The final Conceptual Station Community Plan must comply with state, regional and local
plans, policies and standards identified in Task 2.
Sub-Tasks:
4.1 Preferred Conceptual Station Community Plans. Consultant shall prepare, based on
PMT, TAC, CAC and the Project Design Workshop, draft and final preferred Conceptual
Station Community Plans for each station and combine them into a single Preferred
Conceptual Station Community Plan for the entire Study Area. The preferred conceptual
station community plans must include the best mix of typologies and station locations
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that best support a potential HCT alignment in the Study Area. Consultant shall make any
final changes to the preferred Conceptual Station Community Plan based on the PMT,
TAC, CAC and Tigard HCT Team comments in Task 4. City, Metro and Agency shall
review and comment on the preferred Conceptual Station Community Plans.
4.2 Draft Technical Transportation and Traffic Memorandum. Consultant shall
determine the impacts of the preferred Conceptual Station Community Plan on the
transportation system and prepare a draft Technical Transportation and Traffic
Memorandum. Specific analysis requirements for the Technical Transportation and
Traffic Memorandum are in Task 3.4. Consultant shall identify locations that will not
meet OHP mobility standards and recommended operational and capacity improvements
and pedestrian, bicycle, street, and accessway access improvements to potential HCT
stations. Consultant shall forward a copy of the draft Technical Transportation and
Traffic Memorandum to the PMT. City, Metro, and Agency shall review and comment on
the draft Technical Transportation and Traffic Memorandum.
4.3 PMT Meeting#4. City shall provide logistics for and facilitate PMT Meeting#3 to
review the TAC Meeting#4 agenda and finalize materials to be presented and discussed.
City PM, Metro PM, WOCPM, and Consultant PM shall attend PMT Meeting 44.
4.4 Open House#1. City shall arrange, provide logistics and facilitate Open House#1. The
purpose of Open House 41 is to present the preferred Conceptual Station Community
Plan, Technical Transportation and Traffic Memorandum, and to obtain stakeholder and
public input. Consultant shall attend and provide up to 20 presentation boards. No new
significant graphics will be produced for Open House#1; all technical displays will be
reprints of graphics produced in other tasks. City shall attend, develop Open House#1
feedback form, compile Open House#1 feedback summary, and provide the summary to
the TAC and PMT. Metro shall attend Open House#1.
4.5 TAC Meeting#4. City shall arrange and Consultant shall facilitate TAC Meeting#4 to
review the Technical Transportation and Traffic Memorandum, and Open House#1
summary and feedback in order to gain a TAC recommendation for the preferred
Conceptual Station Community Plan. City shall copy and distribute the agenda and
materials and take minutes for TAC Meeting #4. Metro and Consultant shall attend TAC
Meeting#4.
4.6 Revised Technical Transportation and Traffic Memorandum. Consultant shall
summarize PMT comments in written form and revise the Technical Transportation and
Traffic Memorandum based on the PMT and TAC comments
4.7 Tigard HCT Team Activities. Based on the Public Involvement Plan prepared in Task
1.1 the City and Metro shall provide logistics for and conduct the appropriate HCT Team
Activities supported by the Consultant.
4.8 CAC Meeting#4. City shall arrange and facilitate CAC Meeting#4 to review the
Technical Transportation and Traffic Memorandum, and Open House#1 summary and
feedback in order to gain a CAC recommendation for the preferred Conceptual Station
Community Plan. Consultant shall make a presentation. City shall copy and distribute
the agenda and materials and take minutes for CAC Meeting#4. Metro and Consultant
shall attend CAC Meeting#4.
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Deliverables:
City.
4A Review and comment on Preferred Conceptual Station Community Plan(Task 4.1)
4B Review and comment on Draft Technical Transportation and Traffic Memorandum;
(Task 4.2)
4C PMT Meeting 44 (Task 4.3)
4D Open House#1; provide logistics, facilitate and provide meeting summary(Task 4.4)
4E TAC Meeting#4; logistics and meeting minutes (Task 4.5)
4F Tigard HCT Team Activities; logistics (Task 4.7)
46 CAC Meeting#4; meeting logistics, facilitate and meeting minutes (Task 4.8)
Metro:
4A Review and comment on the Preferred Conceptual Station Community Plan(Task 4.1)
4B Review and comment on Draft Technical Transportation and Traffic Memorandum (Task
4.2)
4C PMT Meeting 44 (Task 4.3)
4D Open House#1 (Task 4.4)
4E TAC Meeting#4 (Task 4.5)
4F Tigard HCT Team Activities (Task 4.7)
4G CAC Meeting#4 (Task 4.8)
Consultant:
4A Preferred Conceptual Station Community Plan(Task 4.1)
4B Draft Technical Transportation and Traffic Memorandum (Subtask 4.2)
4C PMT Meeting#4 (Task 4.3)
4D Open House#1; attend and presentation materials (Task 4.4)
4E TAC Meeting#4 (Task 4.5)
4F Revised Technical Transportation and Traffic Memorandum (Subtask 4.6)
4G Tigard HCT Teazn Activities; support (Task 4.7)
4H CAC Meeting#4; presentation and attendance (Task 4.8)
Schedule:
Months 10-11
Task 5: Final Conceptual Station Community Plan, Comprehensive Plan and Zoning Code
Amendments
Objectives:
• Preparation of materials for review by the Tigard City Council: Final Conceptual Station
Community Plan, contingent on further planning,project development, and funding of the
HCT facility.
• Preparation of materials for future adoption as a Plan Text and Map Amendment (PTA) into
the Tigard Comprehensive Plan and Zoning Code.
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Sub-Tasks:
5.1 Joint Work Session. The City shall arrange and facilitate a Joint Work Session of the
Planning Commission and City Council to present the recommended Conceptual Station
Community Plan. The City shall record comments and identify any Conceptual Station
Community Plan changes recommended by the Planning Commission or the City
Council. Consultant shall attend and present the Recommended Conceptual Station
Community Plan.
5.2 Final Conceptual Station Community Plan and Report. Consultant shall prepare draft
and Final Conceptual Station Community Plan and Report, a compilation and synthesis
of earlier deliverables and incorporating Joint Work Session input. The Final Conceptual
Station Community Plan and Report must:
I. Include both text and graphics depicting the proposed land uses;
2. Describe how the Conceptual Station Community Plan fits into the rest of the
City, and meets state, region and City's policies and standards;
3. Include recommended land use designations, a transportation plan, and a local
street pattern;
4. Include suggested changes to applicable City plans and codes;
5. Include natural resource protection strategies;
6. Present funding strategies for the redevelopment of the Study Area.
City, Metro, and Agency shall review and comment on the Final Conceptual Station
Community Plan and Report .Consultant shall finalize the Report based on the comments
provided.
5.3 Proposed Changes to Tigard Comprehensive Plan, Zoning Map and Development
Code. Consultant shall prepare draft and final Outline of Proposed Changes to Tigard
Comprehensive Plan, Zoning Map and Development Code, proposed contingency plan
designations and zoning for Conceptual Station Community Plan, and identify potential
amendments to other relevant City documents arising from the Conceptual Station
Community Plan Report. Adoption of plan and zoning designations must be contingent
on the "99W HCT Corridor"being advanced into the Financially Constrained RTP, i.e.
the new plan and zoning designations must not become effective until the Highway 99W
HCT Corridor is amended into the Financially Constrained RTP project list. City, Metro,
and Agency shall review the draft Outline of proposed Changes to Tigard Comprehensive
Plan, Zoning Map, and Development Code. Consultant shall finalize Outline of proposed
Changes to Tigard Comprehensive Plan, Zoning Map, and Development Code based on
the review and comments from the City, Metro, and Agency.
5.4 Tigard HCT Team Activities. The City shall work with the Tigard HCT Team to
determine activities beyond completion of the TGM grant Project, including involvement
in the upcoming AA and Environmental Document.
Deliverables:
City:
5A Joint Planning Commission and City Council Work Session (Task 5.1)
5B Review and written comments on Final Conceptual Station Community Plan and Report
(Task 5.2)
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5C Review and comment on Outline of Proposed Changes to the Tigard Comprehensive
Plan, Zoning Map, and Development Code; (Task 5.3)
5D Tigard HCT Team Activities; conduct (Task 5.4)
Metro:
5A Review and written comments on Final Conceptual Station Community Plan and Report
(Subtask 5.2)
5B Review and written comments on Proposed Changes to Tigard Comprehensive Plan,
Zoning Map and Development Code (Subtask 5.3)
Consultant:
5A Joint Planning Commission and City Council Work Session attendance and presentation
(Task 5.1)
5B Draft and Final Conceptual Station Community Plan and Report (Task 5.2)
5C Proposed Changes to Tigard Comprehensive Plan, Zoning Map, and Development Code
(Task 5.3)
Schedule:
Months 12-18
INFORMATION ONLY
City Activities after completion of the TGM funded Tigard HCT Corridor Land Use
Plan
The City will prepare an application and staff recommendation for a Plan Text and Map
Amendment to incorporate the Final Conceptual Station Community Plan and Report into
the Tigard Comprehensive Plan and Zoning Code and Map
Planning Commission. The City will present the proposed Plan Text and Map
Amendment to the Planning Commission before a public hearing for its reconnnendation
to the City Council. City will incorporate any recommended changes made by the
Planning Commission into the Plan Text and Map Amendment.
City Council. Once Planning Commission recommendations are incorporated into the proposed
Plan Text and Map Amendment, the City will present proposed Plan Text and Map Amendment
to the City Council at a hearing for consideration and adoption contingent on construction of the
HCT facility being reasonably likely, i.e. in the Financially Constrained RTP.
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CONSULTANT AMOUNTS PER DELIVERABLE
Consultant
Amount Per Consultant
Task Description Deliverable Task Total
1 Project Set-Up $7,300
IA Review and comment on Draft Public Involvement Plan $700
1B Review and comment on Stakeholder Interview Questions 350
1C PMT Meeting 91 700
1D Review and comment on draft Project Schedule 350
IE TAC Meeting#1 Facilitation 4,000
1F CAC Meeting#1 Attendance 1.200
2 Existing Conditions and Typology Definition $46,000
2A Site Visit 4,300
2B I Existing and Future Base Case Transportation Conditions Chapter 9,700
2C Existing and Planned Land Uses Chapter 3,800
2D Natural Resources Inventoa Chapter 3,800
2E Market Study and Strategy Chapter 7,600
2F Modified Tigard Station Area jZpologies Memo 9,800
2G I PMT Meeting#2 700
2H TAC Meeting#2 5,100
2I CAC Meetin #2,Attend and Present 1,200
Typology and Conceptual Station Community Plan Alternatives
3 Development and Evaluation $46,000
3A Protect Design Workshop 8,000
3B Conceptual Station Community Plan Alternatives Memo and Map 20,000
3C Station Community Plan Alternatives Transportation Analysis Memo 10,900
3D PMT Meeting#3 700
3E TAC Meeting#3 4,300
3F Tigard HCT Team Activities support 1,400
3G CAC MeetLn9A3 700
4 Finalize Conceptual Station Community Plan $41,700
4A Preferred Conceptual Station COMMUDity Plan 18,000
4B Draft Technical Transportation and Traffic Memorandum 9,100
4C PMT Meeting 44 700
4D Oen House#1,attend and presentation materials 2,200
4E TAC Meeting#4 4,400
4F Revised Technical Transportation and Traffic Memorandum 4,800
4G Tigard HCI'Team Activities; support 1,400
4H CAC Meetin #4;presentation and attendance 1,100
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Consultant
Aneount Per Consultant
Task Description Deliverable Task Total
Final Conceptual Station Community Plan,Comprehensive Plan and
5 Zoning Code Amendments $28,000
Joint Planning Commission and City Council Work Session attendance
5A I and gnesentation 2,800
5B Draft and Final Conceptual Station Community Plan&Report 18,100
Proposed Changes to Tigard Comprehensive Plan,Zoning Map,and
5C Development Code 7,100
Project Total $169,000 $169,000
40
T ! G A R D
a
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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;
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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
ProN iding 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
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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
Suspensions,Ineligibility,and Voluntary covered transactions.
Exclusion--Lower Tier Covered Transactions
7. A participant in a covered transaction may rely
Instructions for Certification upon a certification of a prospective participant in a
lower tier covered transaction that it is not
1. By signing and submitting this contract,the debarred,suspended,ineligible or voluntarily
prospective lower tier participant is providing the excluded from the covered transaction,unless it
certification set out below. knows that the certification is erroneous. A
participant may decide the method and frequency
2. The certification in this clause is a material by which it determines the eligibility of its
representation of fact upon which reliance was principals. Each participant may,but is not
placed when this transaction was entered into. If it required to,check the nonprocurement list,
is later determined that the prospective lower tier
participant knowingly rendered an erroneous 8. Nothing contained in the foregoing shall be
certification,in addition to other remedies available construed to require establishment of a system of
to the Federal Government,the department or records to render in good faith the certification
agency with which this transaction originated may required by this clause.The knowledge and
pursue available remedies,including suspension information of a participant is not required to
and/or debarment. exceed that which is normally possessed by a
prudent person in the ordinary course of business
3. The prospective lower tier participant shall provide dealings.
immediate written notice to the person to which this
contract is submitted if at any time the prospective 9. Except for transactions authorized under paragraph
lower tier participant learns that its certification was 5 of these instructions,if a participant in a covered
erroneous when submitted or has become erroneous transaction knowingly enters into a lower tier
by reason of changed circumstances. covered transaction with a person who is
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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 aY and 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 affinnative 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,
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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 wbicb 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 cagy
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.
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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 wilt 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.
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EXHIBIT D
ELIGIBLE PARTICIPATING COST
DESCRIPTION
PERSONNEL SERVICES _
Salaries -Straight time pay for regular vvorking hours in a monthly period Includes standard labor distributions like
Social Security Taxes. 'Ncrkers' Cempensation assessments and Medical. Dental. Life Insurance Excludes mass
transit tax, vacation leave. sick leave and compensatory time taken.
Oven>rne - Payments to employees for work performed in excess of their regular work shift.
Shift Dr!ferertia' - Payments to employees in addition to regular pay, for shift differential work as descibed in labor
contracts or Personnel Rules.
Trave,'D,-if even a,' -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
Mea;'s & 10sc. -Payment for meals incurred while traveling within the State of Oregon
Lodgknc & Room ax -Payment for lodging.. including room taxes. incurred while traveling within the State of Oregon.
Fares. Taxi, Bus. sir. Etc
Per Diem, -Payment fur per diem incurred }while traveling within the State of Oregon
Other - Payment for other miscellaneous expense, incurred lxhile traveling vvithin the State of Oregon.
Prr ate Car 14I'eage -Payment for private car mileage 'while traveling within the State of Oregon.
Office Expense
Direct Project El'oerses rrc'��d;rig
Photo.'video& l�lzrc+;>1rn 5 ;';eu - Payment for photography. 1,1deo and microfilm supplies such as film for cameras,
blank,idso tapes. storage folders. etc..
Pnritirc. .Reoroducz,or &D'uc4cmvo,4 -Expenditures for ser%,ices to copy. print, reproduce and/or duplicate documents
Postage -Payment for direct project postage.
F-ercht &express kfad -Payment for direct project freight services or outgoing shipments.
Telecommunications
P'7orie Tal, Charces,rlcrt-a,sa ce# -Payment for telphone long distance charges.
Publicity & Publication
PuI)l,,sh & Barri P,�otos -Payment for printing and publishing photographs to development of publicity and publications.
Confererzes costs to put on conference or seminars)
Equipment$250 -$4,9%
PHOT ELIGIBLE
Employee Training, Excluding Travel
PvOT ELIGIBLE
Training In-State Travel
P10T ELIGIBLE
CAPITOL OUTLAY
P-JOT ELIGIBLE
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