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Home My WebLink About2010-063 IGA - ODOT TGM Grant Agrmt #26783 TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 INTERGOVERNMENTAL AGREEMENT City of Ashland, Transportation System Plan Update THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into by and between the STATE OF OREGON, acting by and through its Department ofTransportation ("ODOT" or "Agency"), and City of Ashland ("City"). RECITALS 1. The Transportation and Growth Management ("TGM") Program is a joint program of ODOT and the Oregon Department of Land Conservation and Development. 2. The TGM Program includes a program of grants for local governments for planning projects. The objective of these projects is to better integrate transportation and land use planning and develop new ways to manage growth in order to achieve compact pedestrian, bicycle, and transit friendly urban development. 3. This TGM Grant (as defined below) is financed with federal Safe, . Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ("SAFETEA-LU") funds. Local funds are used as match for SAFETEA-LU funds. 4. By authority granted in ORS 190.110, state agencies may enter into agreements with units of local government or other state agencies to perform any functions and activities that the parties to the agreement or their officers or agents have the duty or authority to perform. 5. City has been awarded a TGM Grant which is conditional upon the execution of this Agreement. 6. The parties desire to enter into this Agreement for their mutual benefit. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1. DEFINITIONS Unless the context requires otherwise, the following terms, when used in this Agreement, shall have the meanings assigned to them below: A. . "City's Amount" means the portion of the Grant Amount payable by ODOT to City for performing the tasks indicated in Exhibit A as being the responsibility of City. -1- TOM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 B. "City's Matching Amount" means the amount of matching funds which City is required to expend to fund the Project. C. "City's Project Manager" means the individual designated by City as its project manager for the Project. D. "Consultant" means the personal services contractor(s) (if any) hired by ODOT to do the tasks indicated in Exhibit A as being the responsiblllty of such contractor( s). . E. "Consultant's Amount" means the portion of the Grant Amount payable by ODOT to the Consultant for the deliverab1es described in Exhibit A for which the Consultant is responsible. F. "Direct Project Costs" means those costs which are directly associated with the Project. These may include the salaries and benefits of personnel assigned to the Project and the cost of supplies, postage, travel, and printing. General administrative costs, capital costs, and overhead are not,Direct Project Costs. Any jurisdiction or metropolitan planning organization that has federally approved indirect cost plans may treat such indirect costs as Direct Project Costs. G. "Federally Eligible Costs" means those costs which are Direct Project Costs of the type listed in Exhibit 0 incurred by City and Consultant during the term of this Agreement. H. "Grant Amount" or "Grant" means the total amount of financial assistance (including City's Matching Amount) disbursed under this Agreement, which disbursements consist of the City's Amount and the Consultant's Amount. I. "ODOT's Contract Administrator" means the individual designated by ODOT to be its contract administrator for this Agreement. 1. "PSK" means the personal services contract(s) executed between ODOT and the Consultant related to the portion of the Project that is the responsibility of the Consultant. K. "Project" means the project described in Exhibit A. L. "Termination Date" has the meaning set forth in Section 2.A below. M. "Total Project Costs" means the total amount of money required to complete the Project. N. "Work Product" has the meaning set forth in Section 5.J below. - 2- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 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 (ifany) required to be obtained by ODOT have been received. Further, ODOT's obligation to make any disbursements under this Agreement is subject to payment of the City's Matching Amount by City to ODOT. This Agreement terminates on October 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$170,000. B. Grant Amount. The Grant Amount which includes City's Matching Amount of $241 ,740 shall not exceed $416,740. C. City's Amount. The City's Amount shall not exceed $0. D. Consultant's Amount. The Consultant's Amount shall not exceed $416,740. E. Citv's Matching Amount. The City's Matching Amount is $241,740. City shall pay ODOT $25,000 at time of the signing of this Agreement, $125,000 prior to Task 7 and $91,740 prior to Task 10. SECTION 3, [RESERVED) SECTION 4. CITY'S REPRESENTATIONS, WARRANTIES, AND CERTIFICATION A. City represents and warrants to ODOT as follows; I. It is a municipality duly organized and existing under the laws of the State of Oregon. 2. It has full legal right and authority to execute and deliver this Agreement and to observe and perform its duties, obligations, covenants and agreements hereunder and to undertake and complete the Project. - 3 - TOM Orant Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LA30 3. All official action required to be taken to authorize this Agreement has been taken, adopted and authorized in accordance with applicable state law and the organizational documents of City. 4. This Agreement has been executed and delivered by an authorized officer(s) of City and constitutes the legal, valid and binding obligation of City enforceable against it in accordance with its terms. . 5. The authorization, execution and delivery of this Agreement by City, the observation and performance of its duties, obligations, covenants and agreements hereunder, and the undertaking and completion of the Project do not and will not contravene any existing law, rule or regulation or any existing order, injunction, judgment, or decree of any court or governmental or administrative agency, authority or person having jurisdiction over it or its property or violate or breach any provision of any agreement, instrument or indenture by which City or its property is bound. 6. The statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) of City. B. As federal funds are involved in this Grant, City, by execution of this Agreement, makes the certifications set forth in Exhibits B and C. SECTION S. GENERAL COVENANTS OF CITY A. City shall be responsible for'the portion of the Total Project Costs in excess of the Grant Amount. City shall complete the Project; provided, however, that City shall not be liable for the quality or completion of that part of the Project which Exhibit A describes as the responsibility of the Consultant. B. City shall, in a good and workmanlike manner, perform the work, and provide the de1iverab1es, for which City is identified in Exhibit A as being responsible. C. City shall perform such work identified in Exhibit A as City's responsibility as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform such work. City shall also be responsible for providing for employment-related benefits and deductions that are required by law, including, but not limited to, federal and state income tax withholdings, unemployment taxes, workers' compensation coverage, and contributions to any retirement system. . - 4- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 D. All employers, including City, that employ subject workers as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). City shall require and ensure that each of its subcontractors complies with these requirements. E. City shall be responsible, to the extent permitted by the Oregon Tort Claims Act, ORS 30.260-30.300, only for the acts, omissions or negligence of its own officers, employees or agents. F. City shall not enter into any subcontracts to accomplish any of the work described in Exhibit A, unless it first obtains written approval from ODOT. G. City agrees to cooperate with ODOT's Contract Administrator. At the request of ODOT's Contract Administrator, City agrees to: (1) Meet with the ODOT's Contract Administrator; and (2) Form a project steering committee (which shall include ODOT's Contract Administrator) to oversee the Project. H. City shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, applicable provisions of the Oregon Public Contracting Code. Without limiting the generality of the foregoing, City expressly agrees to comply with: (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. I. City shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles. In addition, City shall maintain any other records pertinent to this Agreement in such a manner as to clearly document City's performance. City acknowledges and agrees that ODOT, the Oregon Secretary of State's Office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans, and writings of City' that are pertinent to this Agreement to perform examinations and audits and make copies, excerpts and transcripts. City shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of six (6) years, or such longer period as may - 5 - . TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 be required by applicable law, following final payment and tennination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later. 1. (1) All of City's work product related to the Project that results from this Agreement ("Work Product") is the exclusive property ofODOT. ODOT and City intend that such Work Product be deemed "work made for hire" of which ODOT shall be deemed the author. If, for any reason, such Work Product is not deemed "work made for hire", City hereby irrevocably assigns to ODOT all of its rights, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine: City shall execute such further documents and instruments as ODOT may reasonably request in order to fully vest such rights in ODOT. City forever waives any and all rights relating to the Work Product, including without limitation, any and all rights arising under 17 USC S 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. (2) ODOT hereby grants to City a royalty free, non-exclusive license to reproduce any Work Product for distribution upon request to members of the public. (3) City shall ensure that any work products produced pursuant to this Agreement include the following statement: "This project is partially funded by a grant from the Transportation and Growth Management (TGM) Program, a joint program of the Oregon 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 "h,!me page". K. Unless otherwise specified in Exhibit A, City shall submit all fma1 products produced in accordance with this Agreement to ODOT's Contract Administrator in the following fonn: (1) two hard copies; and - 6- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 (2) in electronic form using generally available word processing or graphics programs for personal computers via e-mail or on compact diskettes. L. City shall (I) pay to ODOT City's Matching Amount. ODOT may use any funds paid to it under this Section 5.L (1) to substitute for an equal amount of federal SAFETEA-LU funds used for the Project or use such funds as matching funds; and (2) within 30 days after the Termination Date, provide to ODOT's Contract Administrator, in a format provided by ODOT, a completion report. This completion report shall contain: (a) The permanent location of Project records (which may be subject to audit); (b) A summary of the Total Project Costs, including a breakdown of those Project costs that are reimbursable hereunder and those costs which are being treated by City as City's Matching Amount; and (c) A list of final deliverab1es. SECTION 6. CONSULTANT If the Grant provided pursuant to this Agreement includes a Consultant's Amount, ODOT shall enter into a PSK with the Consultant to accomplish the work described in Exhibit A as being the responsibility of the Consultant. In such a case, even though ODOT, rather than City is the party to the PSK with the Consultant, ODOT and City agree that as between themselves: . A. Selection of the Consultant will be conducted by ODOT in accordance with ODOT procedures with the participation and input of City; B. ODOT will review and approve Consultant's work, billings and progress reports after having obtained input from City; C. City shall be responsible for prompt communication to ODOT's Contract Administrator of its comments regarding (A) and (B) above; and D. City will appoint a Project Manager to: - 7- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 (I) be City's principal contact person for ODOT's Contract Administrator and the Consultant on all matters dealing with the Project; (2) monitor the work of the Consultant and coordinate the work of the Consultant with ODOT's Contract Administrator and City personnel, as necessary; (3) review any deliverab1es produced by the Consultant and communicate any concerns it may have to ODOT's Contract Administrator; and (4) review disbursement requests and advise ODOT's Contract Administrator regarding payments to Consultant. SECTION 7. ODOT'S REPRESENTATIONS AND COVENANTS A. ODOT certifies that, at the time this Agreement is executed, sufficient funds are authorized and available for expenditure to finance ODOT's portion of this Agreement within the appropriation or limitation of its current biennial budget. B. ODOT represents that the statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) ofODOT. C. ODOT will assign a Contract Administrator for this Agreement who will be ODOT's principal contact person regarding administration of this Agreement and will participate in the selection of the Consultant, the monitoring of the Consultant's work, and the review and approval of the Consultant's work, billings and progress reports. D. If the Grant provided pursuant to this Agreement includes a Consultant's Amount, ODOT shall enter into a PSK with the Consultant to perform the work described in Exhibit A designated as being the responsibility of the Consultant, and in such a case ODOT agrees to pay the Consultant in accordance with the terms of the PSK up to the Consultant's Amount. SECTION 8. TERMINATION This Agreement may be terminated by mutual written consent of all parties. ODOT may terminate this Agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT under, but not limited to, any of the following conditions: A. City fails to complete work specified in Exhibit A within the time specified in this Agreement, including any extensions thereof, or fails to perform any of the provisions of this Agreement and does not correct any such failure -8- TGM Gmnl Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 within 10 days of receipt of written notice or the date specified by ODOT in such written notice. B. Consultant fails to complete work specified in Exhibit A within the time specified in this Agreement, including any extensions thereof, and does not correct any such failure within 10 days of receipt of written notice or the date specified by ODOT in such written notice. C. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or ODOT is prohibited from paying for such work from the planned funding source. D. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. In the case of termination pursuant to A, B, C or D above, ODOT shall have any remedy at law or in equity, including but not limited to termination of any further disbursements hereunder. Any termination of this Agreement shall not prejudice any right or obligations accrued to the parties prior to termination. . SECTION 9, GENERAL PROVISIONS A. Time is of the essence of this Agreement. B. Except as otherwise expressly provided in this Agreement, any notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid, to ODOT or City at the address or number set forth on the signature page of this Agreement, or to such other addresses or nurnbers as either party may hereafter indicate pursuant to this Section. Any communication or notice so addressed and mailed is in effect five (5) days after the date postmarked. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against ODOT, such facsimile transmission must be confirmed by telephone notice to ODOT's Contract Administrator. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. C. ODOT and City are the only parties to this Agreement and are the only parties entitled to enforce the terms of this Agreement. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or - 9- TOM Orant Agreement No. 26783 TOM File Code 3A-09 EA # TOM9LA30 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(1), 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. (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 applies to a claim brought against the State of Oregon only to the extent Congress has appropriately 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 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 either party unless in writing and signed by all parties and all necessary approvals have been obtained. Budget modifications and adjustments from the work described in Exhibit A must be processed as an amendment(s) to this Agreement and the PSK: No waiver or consent shall be effective unless in writing and signed by the party against whom such waiver or consent is asserted. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of ODOT to enforce any provision of this Agreement shall not constitute a waiver by ODOT of that or any other provision. G. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all - 10- , ruM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 parties, notwithstanding that all parties are nat signataries ta the same caunterpart. Each capy .of this Agreernent sa executed shall canstitute an original. On December 29, 2008, the Oregon Transpartatian Cammission ("Commission") appraved 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 Transportati.on Improvement Program ("STIP") .or a line item in the biennial budget approved by the Cornmissian. On September 15, 2006, the Director .of the Oregon Department of Transportation appraved Subdelegation Order No.2, Paragraph I, in which authority is delegated to the Deputy Director, Highways; Deputy Director, Central Services and the Cliief of Staff, to approve and sign agreements .over $75,000 when the wark is related to a project included in the Statewide Transportation Impravement Program .or in ather system plans appraved by the Oregan Transportation Cammission such as the Oregon Traffic Safety Perfarmance Plan, or in a line item in the biennial budget approved by the Director. The Director may alsa delegate ta ather Administratars the authority ta execute intergovernmental agreements aver $75,000 for specific pr.ograms such as transpartation safety, grawth management and public transit. City City of Ash/aili! ATTORNEY GENERAL'S OFFICE By: Approved as to legal sufficiency by the Attarney General's office. fficial's.~ (POOOd N~7: and ~itle of OfficIa) . fo2-/ .. Date: 2-0 ( () By: Aooroved by Lynn Nal!asako (Official's Signature) . Date: via e-mail dated May 10,2010 ODOT Contact Names; Michael Faught City of Ashland City Hall, 20 East Main Street Ashland, OR 97520-1849 Phone: 541-488-6002 Fax: 54t-488-53 I I E~MaiI: faughtm@oshland.or.us STATE OF OREGON, by and through its Department of Transp.ortation By: ~~ :;h.----- . Jerri .Bahan!, Division Administratar Transportation Developrnent Divisian Date: {..- Z. 1.. _i Co ~ (.-I~"''' John McDonald, Contract Administrator Transportation and Growth Management Program 3500 NW Stewart Parkway. Roseburg, OR 97470 Phone: 541-957-3688 Fax: 541-957-3547 E-Mail: John.MeDonald@odoI.Slale.or.us - 11 - TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 EXillBIT A TGM 3A-09 CITY OF ASHLAND TRANSPORTATION SYSTEM PLAN STATEMENT OF WORK AcronvmslDefinitions Adopted A plan or regulation that an irnplementing authority has voted to accept AgencylODOT Oregon Department of Transportation CCI Construction Cost Index City or Ashland City of Ashland Code Ashland Land Use Code Conceptual Plans Plans illustrating the assessment and possible suitable development of a site Ashland City Council Jackson County in Oregon The first iteration of a document, intended to provide a baseline of information on which identified groups rnay comment The final iteration of a document, having addressed all comments and reflecting the intention of the adopting or implernenting authority A series of statements of fact identifying how a plan or policy complies with applicable laws Geographic Information Systems Council County Draft Final Findings GIS Implernenting Ordinances LOS Mayor Month Node OAR .OHP NTP OTP PI PC Reviscd Laws that facilitate adopted policies and plans Level of Service Mayor for the City of Ashland A 30-day period oftime A specific geographic area within which a defined goals or set of goals is to be accomplished, and plans developed to a degree of specificity necessary to provide decision-rnakcrs the information needed to determine whether to approve or disapprove implementation of the goals Oregon Administrative Rule Oregon Highway Plan Notice to Proceed Oregon Transportation Plan and applicable rnodaI plans Public Involvement City of Ashland Planning Commission The second iteration of a document, intended to provide a refined set of information on which identified groups may comment and to be more fully reflective of the intention of the adopting or implementing authority " - 12- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 RVMPO RVm TAC TC TGM TPAU TPR TSDC TSP UGB VIC WOCPM Rogue Valley Metropolitan Planning Organization Rogue Valley Transportation District Technical Advisory Committee City of Ashland Transportation Commission Transportation and Growth Management Transportation Planning Analysis Unit ' Transportation Planning Rule Transportation System Development Charge Transportation System Plan Urban Growth Boundary Volume-to-Capacity Work Order Contract Project Manager Proiect Contacts Consultant Marc Butorac Kittelson & Associates, 1nc City of Ashland Micheal Faught mbutorac@kitte1son.com 503-228-5230 faughtm(a)ashland.or. us 541- 488-5587 TGM Project Manager and the WOCPM John McDonald John. mcdonald(ql.odot.state.or. us 541-957-3688 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 de1iverables assigned to the Consultant. All work assigned to other entities are not Consultant's obligations under this WOC, but shall be obtained by Agency through separate intergovernmental agreements which contain a statement of work that is the same as or similar to this statement of work. The obligations of entities in this statement of work other than the Consultant are merely stated for informational purposes and are in no way binding, nor are the named entities parties to this WOC. Any tasks or de1iverables assigned to a subcontractor shall be construed as being the responsibility of the Consultant. - 13- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 Any Consultant tasks or de1iverables 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: I. At the first sign of non-cooperation, the Consultant shall provide written notice (email acceptable) to Oregon Department of Transportation (Agency) Work Ordcr Contract Project Manager (WOCPM) of any deliverab1cs that rnay be delayed due to lack of coopcration 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 dctermined to be delaying the Consultant. If Consultant has followed the notification process described in item I, and Agency finds that delinquency of any deliverable is a result of the failure of other refercnced 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 rnay amend the delivery schedule to allow for delinquencies beyond the control of the Consultant." Project Purposerrransportation Relationship and Benefits The City of Ashland (City) has a. population of approxirnately 2 1,600. The current Transportation System Plan (TSP) was last updated in 1998 and is based upon data collected between 1991 and 1997. 1998 TSP is vehicular focused and provides only rninirna1 attention to other modes of transportation. This past philosophy has resulted in poor pedestrian connectivity throughout the cornrnunity and inadequate accommodation of bicyclists. The 1998 TSP does not reflect the current philosophy of the community. Ashland's elected officials, appointed officials, staff and citizens call for an update that considers multi-modal transportation alternatives in a more creative light. Updated TSP (the rnodified 1998 TSP to be updated under this WOC) will not only comply with the Transportation Planning Rule (TPR) and follow the Oregon Transportation Plan (OTP) and applicable modal plans, but will also integrate future land usc and multi-modal transportation system elements thus making pedestrian, bicycle, rail air, and transit traffic as irnportant, and in some areas more important, than vehicular traffic. The prirnary goal of Project is to assist the community in providing transportation facilities to the residents and guests of Ashland in a sustainable way. For vehicular traffic, this includes the goal of providing a rninimwn level of service (LOS) for through streets and for intersections as defined in the Highway Design Manual and Oregon Highway Plan (OHP). These goals must also comp1ernent the need for other modes of transportation including pedestrian, bicycle, bus and rail transit. The project scope includes all roads within the city limits of Ashland, including Highway 66 (Ashland Street), North Main, Highway 99 (Siskiyou Boulevard) and the 1-5 interchanges. Capacity ofl-5 is not part of the scope but the impact of future through traffic growth on the - 14 - TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 local infrastructurc is included as part ofthc project. Other local, regional and county-wide transportation visions and policies must be incorporated into the Updated TSP where possible. Project Area The Project Area (see Map A at end of statement of work) encompasses the current City Urban Growth Boundary (UGB). However, Consultant is required to provide a regional impact and probability cvaluation for all multi-modal transportation options (strcet car, express transit, multi-use trails). About Ashland Ashland is a pretty, small town, filled with passionate people. This community fosters curiosity, creativity and communication. It shows up in many ways: walking past homcs built at the turn of the 20th century, preserved because people care, shopping in buildings you remember seeing in historic photographs, in clean streets, excellent schools and expansive libraries. Walk down the street and look people in the eye or communicate with someone half a world away with high speed internet access via the Ashland Fiber Network. Progressive and active business community cultivates big city amenities which locals and visitors enjoy alike. City has a Mayor/City Council form of government. The Mayor, who presides at the Council meetings, is elected for a four-year term and meets with the City Council twice monthly in meetings open to the public. The City Council is advised in part by over IS different advisory boards and commissions staffed by volunteer citizens. 1)tey cover a range of responsibilities from the Affordable Housing Committee to the Conservation Commission. Economic development is encouraged and supported by City with an emphasis on retention and expansion of existing businesses and attracting new businesses to the area. City seeks clean industry that provides living wage jobs and has identified the technology industry as a desirable and viable addition to thc community. The citizens of AsWand place great value on creating and maintaining a sustainable and living community, by maintaining high development standards, emphasizing historic preservation and developing numerous conservation programs. Ashland's elected officials, appointed officials, staff and citizens have expressed a desire to go beyond a TSP update that simply addresses multimodal transportation in usual terms. The community wishes to integrate the transportation plan with land use and explore innovative ways to promote transit, bicycle and pedestrian use. To that end, it is important that the TSP update meet the City Council's environmental goal to "Develop an integrated land use and transportation plan to increase the viability of transit, bicycles, walking and other alternative modes of transportation; reduce per capita autornobile vehicle miles traveled; provide safe walking and bicycling routes to home, work, shopping and schools; implement environmentally responsible design standards, and minimize new automobile-related infrastructure." In addition, three prominent intersections on boulevards in Ashland were identified as potential future activity nodes in the September 2007 Transportation and Growth Management (TGM) Outreach Workshop on "Designing Great Arterial Streets" - Siskiyou Boulevard and Bridge - 15 - TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 Street, Ashland Street and Walker Avenue .and East Main Street and North Mountain Avenue. Each of the three sites is located on particularly auto-oriented sections of Ashland's boulevard system and presents an opportunity for a rnixture of uses that would add activity and energy to the intersection and surrounding area. Problem StatementIBackl!round Ashland's 1998 TSP is based upon data collected between 1991 and 1997. There are numerous deficiencies with the 1998 TSP, as well as several changes in the community dircction, including: . A 12% increase in population; . A need to refine hind use and transportation policy to support City as a green transportation community, which includes making walking and bicycling trips viable options for a widc varicty of people and enhancing land uses and densities on transit corridors to fully support public transportation and parking requirements; . A dcficicnt rcflection of the community's evolving vision for rninimal transportation infrastructure, increased alternative travel options, and smarter, rnore efficient transportation systern management and operation (i.e. bicycle boulevards, separated bike lanes, corridors to "pedestrian nodes" and employment centers, reviewing cxisting zoning and pedestrian lighting, four-lane bike trails as well as access management, developing transit densities along these corridors, streetcar transit, street narrowing); . Need for an evaluation of pedestrian nodes (focal points where pedestrian amenities such as seating, shade, drinking fountains, public art, landscaping informational displays, bicycle rest-stops or transit shelters are provided to incrcase the perception of an activc, urban corridor while encouraging walking, bicycling and transit use); . An exploration of new opportunities to become a statewide (even nationwide) small- city Icader in green transportation systems, focusing on rnulti-moda1 elements, not included in 1998 TSP, such as a comprehensive comrnuter plan for pedestrian, bicycle and transit nodes and connections between key development sites.; . The deve10prnent of two key infill development areas that are identified for growth, but lack integration into the transportation system at large. The Croman area is an 80- acre industrially zoned site, artd the Railroad area is a 40-acre site zoned for employment; with a potential to dramatically impact regional travel patterns; . A comprehensive "Safe Routes to School" program; . The City has several offset intersections and needs to develop long term realignment strategies; . kneed for formal prograrns to inform the traveling public oflocal rnu1timodal opportunities; . Regional transit plarming efforts such as the Rogue Valley Metropolitan Planning Organization's (RVMPO) proposed commuter rail connection between Central Point and Ashland, and Rogue Valley Transportation District's (RVTD) plans to explore future modes such as streetcar or bus rapid transit would change existing transit and auto patterns; - 16- TGM Granl Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 . Addressing transportation challenges to support City goals of comprehensive and efficient land use by reducing or delaying the need for new infrastructure through smarter system management and operations; . The access managcmcnt and transportation impact study guidelines arc in desperate need of revision and codification to manage future development; . A large nurnber of plans, studies, and workshops conducted since 1998 TSP was adopted that need to be consolidated into a single document, and . Identified the need to plan for future commuter rail service in the greater Rogue Valley area. Timeliness As noted above, 1998 TSP is more than ten years old, with analysis data sometimes more than fifteen years old. An Updated TSP is needed to comply with new TPR rules and to further realize City's vision of being a "green transportation community". Further, an Updated TSP is needed to provide the transportation foundation to support future residential and economic development. Proiect Obiectives Project is focused on the following objcctivcs and supporting outcomes, which are only a sample ofthe expected Updated TSP goals and objectives (note: many outcomes could span multiple objectives) to be developed in Task 2: . Improve quality of life and support economic prosperity o Adopt a comprehensive Updated TSP that supports a safe, efficient, multi-modal transportation network based on existing and forecasted land uses, with a focus on modal equity and balance to provide travel options for system users; o Explore innovative ways through infrastructure, regulation, education and promotion to increase bicycle and pedestrian trips. Reach beyond the athletic and dedicated non- motorized travelers and make walking and biking viable options for a wider varicty of people; o Identify and remove barriers for at least three future activity nodes to add activity and energy to the intersection and surrounding area; o Identify areas to irnprove and enhance public transportation; o Identify areas where refinement plans would increase the life of a facility or delay the need for irnprovements (e.g. Ashland St. or Siskiyou Blvd.); o Provide alternative routes and reduce the burden on the state highway system through improved local, collector, and arterial street connectivity; o Identify transportation solutions that improve the development potential within the Project Area (e.g. north of Bear Creek and East ofI-5) using minimal new transportation infrastructure, which support increased overall dcnsity dclaying need to expand the Urban Growth Boundary. - 17 - TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 . Create a "green" template for other communities to follow o Create a prioritized list ofrnulti-rnodal, green projects that share the community's values and support as well as assist in improving environmental quality by reducing number of auto trips, auto trip length, and emissions; o Expand rnulti-moda1 infrastructure design to includc fcatures that ensure increased use for non-rnotorized users such as bicycle boulevards, separated bike lanes, four- lane bike trails, and bike and pedestrian lighting to provide for all season use; o Establish targets for increasing biking and walking trips (e.g. 10, 20 and 30 year increments); o Develop new mixed land-use activity centers, with a rnulti-rnodal focus following the "Designing Great Arterial Streets" concept to set the standard for future developrnent and infrastructure within the City; o Review our transportation circulation systems and addresses the problem of heavy flow of traffic through downtown o Irnprove carbon irnpacts by adjusting transportation-related land use patterns o. Develop transit corridors using land use and transportation rneasures to support the public transportation system; o Update and adopt into code strect design standards to provide more options for enhanced pedestrian and bicycle facilities such as off-street pedestrian/bike trails and more "green street" options for stormwater and landscaping treatments; o Investigate the launching of a customized Smart TrillS traveler information program to cncourage alternative mode travel and commuting through employers and individuals in City. . Make safety a priority o Prepare "Safe Routes to School" plans for the local schools and Southern Oregon University; o Develop a comprehensive access rnanagement plan for the City that can be adopted into code and enforced; o Strategically plan for further safety and operational improvements such as bicyclist and pedestrian lighting, bicycle boulevards and separated bike lanes to the existing network of pedestrian and bicycle facilities; o Determine the appropriate meanS for managing the statc highways and major arterials (e.g., Ashland St. (Highway 66) and Siskiyou Blvd. (Highway 99)) to meet both local and through traffic needs as well as improving safety and mobility using minimal infrastructure; . Satisfy the TPR requirements of a TSP update o Seek input and collaborate with City's transportation systern users (e.g. public process regarding pedestrian Node evaluation, public Transportation Comrnission rneetings, joint Planning Commission meetings, a Project website for public use); o Ensure compliance with the TPR, OTP, and OHP; o Coordinate with RVMPO, Jackson County and the City of Medford to ensure regional connectivity and avoid redundant planning; o Ultirnately support TPR requirement of "allowed land uses are consistent with the identified function, capacity, and performance standards of the facility." - 18 - TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 Expectations about Written and Graphic Deliverables Updated TSP must be written concisely and use a simple and direct style, both to minimize the length of the final docurnent and to make the document understandable to as large an audience as is reasonable. Final Updated TSP should achieve a Flesch-Kincaid Grade Level of 10 or less. Where possible, information rnust be presented in tabular or graphic format, with a simple and concise accornpanying narrative (e.g. system inventories, traffic conditions). Electronic documents must be in a format easily translated by a screen reader or text-to-voice software. Consultant shall provide copies of written deliverab1es to City and Work Order Contract Project Manager (WOCPM) in electronic formats. Electronic versions must be in Microsoft Word format, or an editab1e format agreed upon by City and WOCPM. Draft De1iverables: City shall subrnit one set of consolidated, non-conflicting comments on draft . de1iverables to Consultant. WOCPM shall submit one set of comments to Consultant. , Consultant shall provide maps and graphic deliverab1es in JPEG or an editable electronic format (Auto Cad for engineered graphics and Geographic Information System (GIS) format for maps) to City and WOCPM. Electronic versions must be either in JPEG or Adobe Acrobat format, or a format agreed upon by City and WOCPM. Maps and graphics must include details necessary to ensure usability. Maps must include, at a minimum: a scale; a direction indicator indicating north; a color scheme that ensures readability in black and white; a legend; source; and date for the underlying information. The following text rnust appear in Project's final products: "This project is partially funded by a grant from the Transportation and Growth Managernent (TGM) Program, a joint program of the Oregon Department of Transportation and the Oregon Department of Land Conservation and Development. This TGM grant is financed, in part, by federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), local government, and the State of Oregon funds. The contents of this document do not necessarily reflect views or policies oflhe State of Oregon." At the conclusion of the project, Consultant shall provide copies of the final document, ordinances, fmdings, and other related materials to City and WOCPM, in .both hard copy and electronic formats. Electronic format must be Microsoft Word or an editable format agreed upon by City and WOCPM. Expectations About Public Involvement The Public Involvement (PI) program must comply with Statewide Planning Goal 1 (Citizen Involvement), which calls for "the opportunity for citizens to be involved in all phases of the planning process." . - 19- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 City shall consider environmental justice issues, which is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respcct to the development, irnp1ementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of people, including a racial, ethnic, or a socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and comrnercial operations or the execution offederal, state, local, and tribal programs and policies. Meaningful involvement rneanS that: (1) potentially affected community residents have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and health; (2) the public's contribution Can influence the regulatory agency's decision; (3) the concerns of all participants involved will be considered in the decision making process; and (4) the decision makers seek out and facilitate the involvement of those potentially affcctcd. City shall consider Title VI regarding outreach to rninorities, women, and low-income populations. Special efforts shall be directed to ensuring outreach to and representation of minorities, women, and low income populations. Theprirnary aspect of PI is through City's Transportation Commission (TC). City shall ensure that TC meetings include outreach to and opportunity for representatives of the following interests to be heard: freight, busincss, residents-at~large, property development, and environmental justice. Specific information regarding the deliverable and responsibility of PI tasks is listed under the appropriate task. Consultant shall prepare and rnainiain a project website, linked to the City of Ashland website, containing all information relevant to development of the Updated TSP and this Project. Expectations About Traffic Analvsls An Oregon-registered professional engineer (civil or traffic) shall perform or oversee all traffic analysis work. Traffic analysis software must follow Highway Capacity Manual 2000 procedures. Traffic analysis rnust comply with Orcgon Department of Transportation's (ODOT) Analysis Procedures Manual. Consultant shall coordinate all analysis with ODOT's Transportation P]arming Analysis Unit (TPAU). Consultant shall get approval of methodology from TP AU prior to beginning analysis. In addition, Consultant shall have a professional transportation planner on the project team. The planning horizon year for future scenarios is 2034 to provide consistency with other local and regional planning efforts. - 20- TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LA30 Expectations About Meetine:s Technical Advisory Committee (T AC) T AC provides the prirnary technical review and guidance of Consultant's efforts. Consultant shall prepare agendas and meeting materials at least 10 business days prior to each T AC meeting, and prepare and distribute meeting summaries within one week after each T AC meeting. Consultant shall facilitate T AC meetings. City shall distribute notices, agendas, and relevant materials at least one week prior to each T AC meeting, and distribute rneeting summaries' within ten days after each T AC meeting. It is anticipatcd that T AC meetings rnay last up to three hours. Transportation Commission TC is an existing City commission. TC meetings are the primary PI mechanism. Consultant shall present materials and answer questions at TC meetings. City shall arrange rneetings of the TC. lt is expected that the same agenda and meeting materials used in the T AC meetings will be used in the TC meetings and that all TC meetings will occur on the same day as T AC meetings. City shall distribute notices, agendas, and relevant materials in accordance with City standards regarding TC meetings. City shall facilitate TC meetings. City shall ensure outreach to and opportunity to be heard by the following interests: freight, business, residents-at-large, property development, and environmental justice. It is anticipated that TC meetings may last up to three hours. Joint Planning Commission (PC) and TC Study Sessions City shall arrange regular PlanninglTransportation Commission Study Session meetings (see Schedule) of the TC, to ensure compliance with Statewide Planning Goal 1 (Citizen Involvement). Consultant shall present materials and answer questions at joint PCITC Study Sessions. It is expected that the same agenda and rneeting materials used in the T AC meetings will be used in thc joint PCITC rncctings. City shall distribute notices, agendas, and relevant rnaterials in accordance with City standards regarding PC meetings. City shall facilitatc joint PCITC meetings. It is anticipated that joint PCITC meetings will last up to three hours. - 21 - TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 Expectations About Match Milestones Tasks Tasks 7 through 9 and 10 through 11 are match milestone tasks. Consultant shall not proceed with match rnilestone tasks until WOCPM provides a Notice to Proceed, contingent on City providing ODOT with rnatching funds to cover the match milestone tasks. If City is unable to provide match funds in their entirety, WOCPM shall determine whether it is appropriate to proceed with or terminate the project. WOCPM shall advise City and Consultant in writing ofhis/her decision regarding continuation of Services under this WOC, as currently set forth or as lunended by rnutua1 agreement, or termination. If terminated, Consultant's obligations are set out according to Part " Section 11 in Price Agreement #27624. PROJECf WORKSCOPE The final TSP must comply with the OHP and applicable rnodal plans, Highway Design Manual, Oregon Administrative Rule (OAR) chapter 734 division 051, the TPR and all other applicable laws, rules, and rcgulations. Task 1: Establish Committees and Start Proiect Objective: To provide thc foundational projcct rnanagcmcnt tools necessary for successful execution of the TSP update. Subtasks 1.1 TAC Roster City shall appoint T AC, to provide technical review of work; provide local, regional, and state policy direction; and make recommendations on project deliverables. T AC should include staff from City, County, RVMPO, ODOT, School District, Southern Oregon University, Public Safety, City Planning Department and a business representative involved in some aspect of freight delivery. L City shall develop a T AC Roster and confirm membership within two weeks of Notice to Proceed (NTP). 1.2 Kick-off Meeting City, WOCPM, and Consultant shall attend a "Kick-Off Meeting" in Ashland. City shall schedule Kick-Off Meeting to be held within two weeks ofNTP. Consultant shall facilitate Kick-Off Meeting, provide agenda at least two business days prior to Kick-Off Meeting, and provide a meeting surnrnary no later than one week following Kick-Off Meeting. Up to two key Consultant staff will attend in person. Additional Consultant staff will attend via video conference. - 22- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 1.3 Bi-Weekly Teleconferences (up to 52 teleconferenccs) City, WOCPM, and Consultant shall attend a one hour teleconference every other week. The day of week and time will be detennined at the Kick-Off Meeting. Consultant shall arrange a standard call-in number. Consultant shall develop an agenda for each teleconference, and shall disseminate the agenda to City and WOCPM no later than the evening prior to the teleconference. Consultant shall develop a teleconference summary, and distribute to City and WOCPM no later than two days following each teleconference. It is estimated that this project will take approximately 2 years to complete, and that there will be up to 52 teleconferences. 1.4 Project Website Consultant shall prepare and maintain a Project website during the entire Project. Consultant shall coordinate with City to link the Project website with City website. Consultant shall be responsible for all aspects of website, including: development, registration, hosting, content, and controls, as required by City and Agency. Consultant shall turn over to City all underlying project data at end of project, providing City with the same rights to intellectual property as it would have given to Agency. Website must include, at a minimum: Draft and Revised Tech Memos under this WOC; all GIS products and graphics developed for this Project; and meeting infonnation (times, locations, agendas, surnmaries, and materials). Website must include an interactive public input website to allow comments on opportunities and constraints for all travel modes. 1.5 Project Schedule Consultant shall prepare Project Schedule using MS Project compatible software, and deliver to City and WOCPM within two weeks after Kick-Off Meeting. Where reasonable, Consultant shall schedule and perfonn tasks concurrently, to minimize time. Consultant shall update Project Schedule as needed, at WOCPMs request, and distribute updated schedule to City and WOCPM. City Deliverablcs 1.a T AC Roster 1.b Kick-Off Meeting Consultant Deliverables 1A Kick-Off Meeting 1B Bi-Week1yTe1econferences (up to 52) 1C Project Website 10 Project Schedule - 23 - . TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 Task 2: Develop PolIcv Basis for Updated TSP Objective: Assess existing plans, policies, standards, rules, regulations, and other applicable documcnts as they pertain to development of Updated TSP. . Snbtasks 2.1 Draft Tech Memo 1 (Review of Policies, Plans, Rules, and Regulations) Consultant shall prepare Draft Tech Memo 1, to provide the baseline of existing plans, policies, standards, rules, regulations, and other applicable documents as they pertain to deve10prnent of City's TSP. Tech Memo I is intended to guide later decisions regarding selection of preferred alternatives and necessary amendments to pertinent document and regulations. Consultant shall identify which City documents may be consolidated into the Updated TSP. Draft Tech Memo 1 must review and summarize the applicability to Updated TSP of the following: o OAR chapter 660 division 012 o OAR chapter 734 division 051 o OHP o Oregon Public Transportation Plan o Oregon Rail Plan o Oregon BicyclelPedestrian Plan o Statewide Planning Goals o Interchange Area Management Plan for Interchange 14 o Statewide Transportation Improvernent Program . o Intcrnational Scan Summary Rcport on Pedestrian and Bicyclist Safety and Mobility o City of Portland B2 Power o City of Portland Bicycle Boulevards 2009 o RVMPO Regional Transportation Plan o RVMPO Regional Transportation Improvement Program o RVMPO Freight Study o RVMPO OR 99 North-South Travel Demand Study o Greater Bear Creek Valley Regional Plan o Bear Creek Greenway Management Plan o RVTD Ten-Year Long Range Plan o Jackson County Cornprehensive Plan o Jackson County TSP o City Comprehensive Plan o 1998 TSP o City Partial TSP update o City's Land Use Code o City's Handbook for Planning and Designing Streets o City's Site Design & Use Standards o City's Ashland in Action Report o City's Buildable Lands Inventory o City's Croman Mill Site Redevelopment Plan o City's Downtown Plans o City's Econornic Opportunities Analysis Report - 24- } TGM Graot Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LA30 o City's Historic Preservation Plan o City's Railroad Property Master Plan o City's Southern Oregon University Master Plan Update o City's Recommended Street Tree Guide o City's Solar Setback Guide o Airport Master Plan , 0 City of Ashland Transportation & Growth Management Outreach Workshop Final Report (October 191h, 2007) o City's Economic Opportunities Analysis o City's TGM Grant Application from 2008 o Relevant environmental studies o Other state, region, County, and City plans, studies, and ordinances as applicable Consultant shall subrnit Draft Tech Memo 1 to City and WOCPM. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of comments to Consultant 2,2 Draft Tech Memo 2 (Goals, Objectives, Evaluation Criteria) Consultant shall prepare Draft Tech Memo 2 to establish the goals, objectives, and evaluation eriteria for later use in setting policy and selecting preferred alternatives. Goals, objectives, and evaluation criteria scrve as the basis for the needs analysis, policy and ordinance development, and project selection. Draft Tech Memo 2 must include the following: o Evaluation of the current Comprehensive Plan Transportation Element's goal and objectives; o Transportation goals of City in creating an integrated land use and transportation plan and a nationally-leading green transportation system; o Maximizing multi-rnoda1 mobility, safety, efficiency, and accessibility to the transportation system; o Promoting, to the greatest extent practicable, sustainability and green transportation solutions; o Targets for increasing walking, bicycling, and transit trips (10,20, and 30 year intervals); o Evaluation matrix to be used in later project selection; and o Requirements identified in Tech Memo I. Consultant shall submit Draft Tech Memo 2 to City and WOCPM. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of commcnts to Consultant 2,3 Travel Survey Consultant shall conduct a "Travel Survey" to identifY household and business trip characteristics to be used in establishing mid- and long-term targets for increasing non- automotive trips (i.e. walking, bicycling, and transit). Consultant shall submit a draft Travel Survey to City and WOCPM prior to mailing or posting on-linc. City shall submit one set of comments to Consultant within one week of receipt of Travel Survey. WOCPM will submit one set of comments to Consultant. - 25- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 Using existing regular City rnailings such as utility bills, the City shall notify all households and businesses in Ashland that a travel survey is available on-line and in hard copy at city hall. The Travel Survey must: i. ask household responders to identify trips by frequency, type (e.g. recreation, employment, school) and mode. Survey must also identify preferred future methods ofloca1 and regional travel (e.g. passenger rail, transit, streetcar). It. ask business responders to identify employee trips by frequency and mode, and barriers to employee travel by non-automotive means Consultant shall compile responses received on-line and in hard copy within three weeks and prepare and submit summary to City and WOCPM. If hard copy Travel Surveys are rnailed to desired responders, the City shall prepare copies and send out thc mailings (see contingency task for Consultant to tabulate hard copy Travel Surveys). 2.4 T AC Meeting #1 Consultant shall facilitate T AC Meeting #1 to discuss project purpose and taskslresponsibilities, and to review and receive fecdback on Draft Tech Memos I and 2. 2,5 TC Meeting #1 City shall facilitate and Consultant shall attend TC Meeting #1 to discuss project purpose and tasks/responsibilities, and to review and receive feedback on Draft Tech Memos 1 and 2. 2.6 Revised Tech Memos 1 and 2 Consultant shall revise Draft Tech Mernos 1 and 2, incorporating comments frorn City, WOCPM, TAC, and TC and submit Revised Tech Memos 1 and 2 to City and WOCPM, City Deliverables 2.a All Regional, County, and City documents identified in subtask 2.1 2.b Insert travel,survey announcement and web link in other City rnailing that \yill reach all desired responders (prepare copies, mailing, postage, addresses and labels for Travel Survey jfhard copies are desired to be sent to desired responders) 2.c T AC Meeting #] 2.d TC Meeting #1 2.e Written cornments on draft Consultant deliverables Consultant Deliverables 2A Draft Tech Memo I 2B Draft Tech Memo 2 2C Travel Survey 2D TACMeeting#1 2E TC Meeting #1 2F Revised Tech Memo I 2G Revised Tech Memo 2 - 26- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 Task 3: Develop Transportation System Inventorv Objective: Baseline the current City transportation system. Subtasks 3.1 Draft Tech Memo 3 (System Inventory) Consultant shall prepare Draft Tech Memo 3, to baseline the existing transportation system . within Project Area. This information may be obtained frorn the ] 998 TSP, Comprehensive Plan and other sources. Coordination between Consultant, City, and WOCPM is vital to ensure a comprehensive inventory. Data to be displayed must consist only of the most recently-available data provided by the City, County, Rogue Valley Council of Govemments, or ODOr. GIS data must be provided to Consultant in a ready-to-use format. No new GIS data will be developed by Consultant in this task. Inventories must be in tabular and GIS format, with a simple and concise accompanying narrative. Draft Tech Memo 3 must include the following elements as available: A, Lands and Population Inventory The purpose of this inventory is to identify existing, planned, and potential land uses, and environmental constraints to development. Consultant shall assemble an inventory of available lands, including: 1. developed, un-developed, under-developed, and un-developable lands 2. zoning, both current and planned 3. natural resources and environmental barriers 4. activity centers that are likely destinations for bicyclists and pedestrians, such as schools, parks, commercial centers, and neighborhood centers . 5. location of minority and transportation-disadvantaged populations 6. population growth patterns 8, Street Inventory Consultant shall assemble an inventory of the road system, as available, which includes: 1. facility classifications and function for state and local roads 2. jurisdictional responsibility for state and local roads 3. state highway log data 4. geometry for study area interscctions 5. number and width of lanes 6. signal locations 7. facility capacity 8. speed limits 9. pavement types and conditions 10. number and locations of accesses on state facilities, and City arterials and collectors 11. street locations on the local system - 27- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 12. on-street parking locations 13. park and ride locations 14. bridges I S. right of way widths 16. Intelligent Transportation System facilities 17. culverts 18. intcrmodal connections and facilities 19. national, state, regional, and local freight and motor carrier routes 20. national highway system facilities 21. Americans with Disabilities Act accessible public sidewalk irnpedirnents (i.e. driveway aprons, public sidewalks) C. Collision History Consultant shall assemb]e an inventory and identify pattems in the history of collisions on thc transportation systern among all users (e.g. vehicles, pedestrians, bicyclists) for the past 10 years, including: 1. location 2. type 3. severity (property damage, injury, or fatality) D. Publie Transportation Inventory Consultant shall assemble an inventory of the public transportation options, as available, including: 1. 2. 3. 4. 5. 6. 7. 8. The routes and circulation Location of bus stops, shelters and stations Ridership levels by route and stops Connectivity with other transit facilities Rolling stock characteristics Charter bus activity, cost recovery and need Paratransit demand, cost recovery, accessibility, and comrnunity need Evaluations of transit options from the 2008 City Partial TSP Update E. Rail Inventory Consultant shall assemble an inventory of the rail system, as available, including: 1. type of service (passenger or freight) 2. owner/operator of rail line 3. location of rail lines and terminals 4. proximity to the highway 5. classification ofthe lines 6. number of trains/schedule 7. industries served and commodities handled 8. passengers served 9. track conditions 1 O. train speeds 11. crossings and associated problems - 28- . TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 12. road irnpact if service is discontinued 13. potential for rail banking, trail use, or public use F, Bicycle/Pedestrian Inventory Consultant shall assemble an inventory of the bicycle and pedestrian system, as available, including: 1. bicycle facility types, locations, geornetry, conditions, and use 2. pedestrian facility types, locations, geornetry, and use 3. crosswalk locations, conditions, and use 4. wheelchair ramp locations, conditions (include Americans with Disabilities Act compliance), and use 5. consistency offacilities with state/regional standards 6. commute/recreational use of bicycle facilities 7. commute/recreational use of pedestrian facilities 8. location/trip characteristics of major bicycle/pedestrian generators G. Air Transportation Inventory Consultant shall assemble inventory of the air system, as available, including: 1. airport location and use 2. airport imagery surfaces 3. airport protected surface area 4. runway length/condition 5. surrounding land useslzoning 6. types of service H. Pipeline Inventory Consultant shall assemble an inventory of the pipeline system, as available, including: I. ownerloperator 2. pipe1inc type 3. pipeline location 4. terminals I. Water Transportation Inventory Consultant shall assemble an inventory of the water transportation system. 'Consultant shall submit Draft Tech Memo 3 to City and WOCPM. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of comments to Consultant. 3.2 Project Mailing #1 Consultant shall prepare Project Mailing #1 to Agency's satisfaction, a full page, double sided, in color information sheet and provide it to the City electronically and on the project website. City shall rnai1 Project Mailing #1 to all households and businesses in City. Project Mailing #1 must identify work performed to date, work to be done, upcoming meetings, and points of contact. -'29 - TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 City Deliverables 3.a Project Mailing #1 3.b Written cornments on draft Consultant deliverab1es Consultant Deliverables 3A Draft Tech Merno 3 3B Project Mailing #1 Task 4: Prepare Existinl! System Conditions AnaIvsis Objective: To baseline transportation conditions in City for identification of opportunities, deficiencies and solutions. Subtasks 4,1 Draft Tech Memo 4: Existing System Conditions Consultant shall prepare Draft Tech Memo 4 to describe current conditions of and identify deficiencies with the transportation system based on policies, standards, goals and objectives developed in Tech Memos I and 2. Draft Tech Memo 4 must either be written as a continuation of Tech Memo 3 or must reference Tech Memo 3 and must not repeat the transportation inventory. Draft Tech Memo 4 rnust include: A. Traffic Counts City and ODOT will provide Traffic Counts, pre-existing counts taken in Septernber and October of2009. All intersection traffic counts in addition to vehicular traffic, include pedestrian movements (with or without marked crosswalks), bikes, and wheeled pedestrians (i.e.: wheelchairs, skateboards). All 16-hour counts use 15-rninute intervals in the 6-9 AM and 2-6 PM periods. All 4-hour counts use IS-minute intervals. For the IS mainline, Consultant shall use volume and classification data from: http://www.orel1:0n.l1:ov/ODOTITDITDATA/tsmltvt.shtml. 16-hour classification traffic counts were taken at the following intersections (early September after Labor Day, 2009): o OR66 & IS Exit 14 Northbound ramps o OR66 & IS Exit 14 Southbound ramps o OR66 & Main Street/Oak Knoll Drive o OR66 & Tolman Creek Road o OR66 & OR99 o OR99 & To1rnan Creek Road o OR99 Northbound & Main Street o OR99 Southbound & Main Street o OR99 & Valley View Road - 30- TGM Grant Agreement Nn. 26783 TGM File Code 3A-09 EA # TGM9LA30 4-hour 2 - 6 PM Peak Hour traffic counts were taken at the following intersections (early September after Labor Day, 2009): o OR66 & Dcad Indian Memorial Road o OR66 & Washington Street o OR99 & Mistletoe Road o OR99 Northbound & Oak Street o OR99 Southbound & Oak Strect o OR99 & Hersey StreetfWimer Street o OR99 & Maple Street o OR99 & Helman Street o Tolman Creek Road & Mistletoe Road o Granite Street & Winburn WayfNutley Street o Hersey Street & Oak Street o Nevada Street & Oak Street l6-hour classification traffic counts were taken at the following intersections (early October, 2009): o Mountain Avenue & Main Street o Main Street & Walker Avenue 4-hour 2 - 6 PM Peak Hour traffic counts were taken at the following intersections (in early October, 2009): o OR66 & Walker Street o OR99 & Walker Street o OR99 & Mountain Avenue o Walker Street & Iowa Street o Mountain A venue & Ashland Street o Mountain A venue & Iowa Street o Mountain Avenue & Hersey Street o Midblock pedestrian crossing on OR99 between Palm & Garfield Streets o Midblock pedestrian crossing on OR99 between Morse Street and Mountain Avenue B. Traffic Analysis Consultant shall perform traffic analysis for all traffic count locations, and identify deficiencies and the year the deficiency is expected to occur. Operational analysis for all facilities, regardless of jurisdiction, must include: o vie ratio o LOS o queuing o turning movements - 31 - TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LAJO All traffic volumes must use the 30th Highest Hour. All traffic count analysis must be submitted to TPAU, WOCPM, City, and RVMPO. C. Non-Automobile Transportation Analysis Consultant shall perform analysis of non-motorized transportation movements for all count locations and identify deficiencies. Analysis must include: o volume o type o direction o for non-automobile devices that typically require safety equipment (e.g.: bicycle, skateboard), the percentage of users wearing safety equipment (where data provided) D. Bicycle/Pedestrian Facility GIS Map As a separate deliverable, Consultant shall prcpare Bicycle!Pedestrian Facility GIS Map ofthe bicycle/pedestrian network using GIS software approved by City. Bieycle!Pedestrian Facility GIS Map must be easily portable to a web site. E. Collision Analysis Consultant shall perform collision analysis using information obtained in Tech Memos 1, 2 and 3. Analysis must include collision patterns, high-frequency collision loeations, severe collision locations, evaluation of causes, and potential countermeasures. F. Bridge Conditions Analysis Consultant shall summarize analysis of bridge conditions using the ODOT Bridge Management System. G. Air, Rail, Pipeline, Water Analysis Consultant shall identify whether facilities and services are inconsistent with relevant state, regional, or local plans. H. Access Management Analysis Consultant shall identify existing access management standards for state facilities and City arterials and collectors, and identify general corridor areas with substantial violations of jurisdictional access management standards. I. Inter-modal Connections Analysis Consultant shall identify existing inter-modal connections. Consultant shall identify deficiencies in thc existing intermodal connections, based on research conducted in Tech Memos 1,2 and 3. J. Intra-Modal Connections Consultant shall identify existing intra-modal connections within the MPO boundaries. - 32- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 K. Funding Analysis City shall provide to Consultant data regarding existing and historic funding and sources. Consultant shall sununarize existing and historic funding and sources consistent with Step 15 of Transportation System Planning Guidelines 2008. Consultant shall submit Draft Tech Memo 4 to City and WOCPM. City shall submit one set of consolidated, non-eonflicting comments to Consultant. WOCPM will submit one set of comments to Consultant 4.2 T AC Meeting #2 Consultant shall facilitate TAC Meeting #2 to review and receive feedback on Draft Tech Memos 3 and 4. . 4.3 TC Meeting #2 City shall facilitate and Consultant shall attend TC Meeting #2 which is to review and receive feedback on Draft Tech Memos 3 and 4. 4.4 Revised Tech Memo 3 Consultant shall revise Draft Tech Memo 3, incorporating comments from City, WOCPM, T AC, and TC after Task 4 meetings, and submit Revised Tech Memo 3 to City and WOCPM. 4.5 Revised Tech Memo 4 Consultant shall revise Draft Tech Memo 4, incorporating comments from City, WOCPM, T AC, and TC, and submit Revised Tech Memo 4 to City and WOCPM. City Deliverables 4.a Traffic Counts and Non-auto Counts 4.b TAC Meeting#2 4.c TC Meeting #2 4.d Written comments on draft Consultant deliverables Consultant Deliverables 4A Draft Tech Memo 4 4B Bicyc1e!Pedestrian Facility GIS Map 4C TACMeeting#2 4D TC Meeting #2 4E Revised Tech Memo 3 4F Revised Tech Memo 4 . Agency DeliverabIes o Traffic Counts Task 5: PreDare Future Svstems Conditions AnaIvsis Objective: Baseline year 2034 system conditions to identify deficiencies and needs and develop project lists. - 33- TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TOM9LA30 Subtasks 5.1 Draft Tech Memo 5: Future Systems Conditions Consultant shall prepare Draft Tech Memo 5, an assessment ofland use and transportation future conditions in the Project Area under a "no-build" scenario. In preparing "no-build" scenario, Consultant shall rely only on planned transportation improvements that have an identified and committed funding source (e.g. are in the Statewide Transportation Improvement Program). Draft Tech Memo 5 must include the following elements: A. Land Use Assumptions Consultant shall develop land use assumptions, with direction from City, based on . projected employment and population changes. Consultant shall prepare updated transportation analysis zone information anp submit to TPAU for approval and modification of the RVMPO traffic model. B. No-Build Scenario Consultant shall analyze future conditions under a no-build scenario for both automobile and non-automobile transportation. The no-build scenario must follow the same format and contain the same information as in Tech Memo 4. The future no-build traffic volumes will be generated by the travel demand model and supplied to the Consultant by TPAU. Consultant shall post-process the data. C. Future Deficiencies Consultani shall identify future transportation system deficiencies. Deficiencies include both the failure to meet measurable standards identified in Tech Memo I, and the failure to satisfy the goals, objectives, and evaluation criteria identified in Tech Memo 2. For each deficiency, Consultant shall clearly describe the deficiency and the year in which it occurs. D. Future Transportation Funding Consultant shall prepare a future transportation funding forecast based on the current and historic transportation funding information in Tech Memo 4 and consistent with Step 15 of Transportation System Planning Guidelines 2008. Transportation funding details must include a recommended update to the City's System Development Charges so that the impacts of new development on recommended transportation projects are covered in the cost basis. Consultant shall submit Draft Tech Memo 5 to City and WOCPM. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of comments to Consultant - 34- TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TOM9LAJO 5.2 Project Mailing #2 Consultant shall prepare Project Mailing #2 to Agency's satisfaction, a full page, double sided, color information sheet and provide it to the City electronically and on the project website. City shall mail Project Mailing #2 to all households and businesses in City. Project Mailing #2 must identify work pcrformed to date, work to be done, upcoming meetings, and points of contact. 5.3 TAC Meeting #3 Consultant shall facilitate T AC Meeting #3 to review and receive feedback on Draft Tech Memo 5. 5.4 TC Meeting #3 City shall facilitate and Consultant shall attend TC Meeting #3 which is to rcvicw and receive feedback on Draft Tech Memo 5. 5.5 Revised Tech Memo 5 Consultant shall revise Draft Teeh Memo 5; incorporating comments from City, WOCPM, T AC, and TC, and submit Revised Tech Memo 5 to City and WOCPM. Schedule Within 10 months from Notice to Proceed City DeIiverables 5.a Project Mailing #2 5.b TACMeeting#3 5.c TC Meeting #3 5.d Written comments on draft Consultant deliverables Consultant Dellverables SA Draft Teeh Memo 5 5B Project Mailing #2 5C T AC Meeting #3 5D TC Meeting #3 5E Revised Tech Memo 5 Task 6: Dcvelop Pedestrian Node Concepts andSupportinl! Documentation Objective: Develop pedestrian node concepts and code outlines for implementation by City. Subtasks 6.1 Draft Tech Memo 6: Preferred Node Co!,-cepts and Draft Code Outline Consultant shall prepare Draft Teeh Memo 6, conceptual plans and development/redevelopment scenarios addressing land uses (e.g. form, type and density), transportation system and strcet improvements for three nodes, exact locations as identified by City and WOCPM, that meet the following objectives: - 35 - TGM Ordnt Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LA30 1. Improve pedestrian facilities such as street crossing, wider sidewalks, street trees and other pedestrian amenities that could improve the pedestrian experience and enhance activity in each node. 2. Integrate green street and infrastructure standards for streets and storm water for each node. 3. Investigate measures to integrate affordable housing in each node. 4. Recommend possible zoning overlays, target densities, and design guidelines to achieve transit-oriented development at the three activity nodes. 5. Create and connect great places along City's boulevard system, to set the tone and pattern for redevelopment of the auto-oriented arterial street sections into multi-modal boulevards. 6. Create a conceptual plan for each of the three pedestrian nodes (mixed-use activity centers). Each conceptual plan must include a conceptual perspective of each node, streetscape cross-sections for each node, street improvement design treatments, transportation improvement conceptual plans and an outline ofland use and transportation regulations to support desired development. 7. Pedestrian Node Analysis Project future land use (pedestrian oriented development) and density, pedestrian traffic demands, pedestrian connections and streets cape, fitting with the "Great Arterial Streets" concept (multi-modal and green design) for each node. TAC will review the results of the alternative analysis for the overall TSP and pedestrian node component, select a preferred alternative and provide input on project priorities. The T AC recommendations will be furtherreviewed in Task 7. In preparing Draft Tech Memo 6, Consultant shall complete the following actions: 1. Information Assembly and Review Consultant shall assemble the data and prepare a base map of the nodes including the surrounding properties within a minimurn of200 feet of the intersection. The notes base map must include streets including existing pedestrian, bicycle and transit routes, property boundaries, buildings, natural features and zoning. 2. Recoimaissance Site Visits As a separate deliverable, Consultant shall make Reconnaissance Site Visits to three sites to gain familiarity and to take photographs ofthe nodes, adjacent intersections and other relevant areas. . 3. Public Meeting Set #1 As separate deliverables Consultant shall facilitate "Key Participant Meetings #1" and Public Workshop #1, which will occur on the same day. Key Participant Meetings #1: Consultant shall conduct a set of up to four meetings with key participants identified by City. Potential key participants will likely include owners and occupants of properties within the nodes, and City staff. - 36- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TOM9LA30 Public Workshop #1: Consultant shall facilitate Public Workshop #1 to identify opportunities, constraints and issues for each Node. Consultant shall prepare the format for feedback at Public Workshop #1, including a base map that participants can annotatc with relevant information. Consultant shall collect feedback at Public Workshop #1. 4. Opportunities, Constraints and Issues Report Consultant shall prepare a map and report of the key opportunities, constraints and issues (the "Opportunities, Constraints and Issues Report") based on site visits, key participant meetings, public workshop and feedback after the workshop. 5. Conceptual Plans Consultant shall prepare one Conceptual Plan for each of the three nodes (three total). The Conceptual Plans must address the opportunities and constraints included in the base map from the "Information Assembly and Review" and identified in the Opportunities, Constraints and Issues Report. Each Conceptual Plan must include a development program recommending future development form and future land use mix, type and densities to address the objectives of the Pedestrian Node Evaluation portion of the project. The Conceptual Plan for each Node must include at least one axonometric or streetscape perspective drawing, at least one elevation drawing of one key dcveloped/rcdcve1opable site, a Conceptual Plan for street connections, design treatments and improvements, land use, and an outline of transportation regulations to support desired development. 6. Public Meeting Set #2 As separate deliverables, Consultant shall facilitate "Key Participant Meeting #2" and Public Workshop #2, which will occur on the same day. Kcy Participants Mcetings #2: Consultant shall conduct a set of up to four meetings with Key Participants identified by City to review the concepts. Public Workshop #2: Consultant shall conduct Public Workshop #2 to allow participants to review the Conceptual Plans, suggest revisions and other ideas. Consultant shall provide opportunities for feedback on the overall concepts and individual elements of each. 7. Refmed Concepts Consultant shall make limited refinements to the three Conceptual Plans based on feedback before and at Public Workshop #2. Consultant shall present refined concepts and faeilitate discussion among thc public. 8. Draft Code Outline Consultant shall prepare Draft Code Outline, land use and transportation regulations to support desired development revised to include input from Public Meeting Set #2 input. - 37 - TOM Orant Agreement No. 26783 TGM File Code 3A-09 EA # TOM9LA30 Consultant shall submit Draft Tech Memo 6 to City and WOCPM, including the refined Coneeptual Plans and accompanying Draft Code Outline. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of comments to Consultant 6.2 TAC Meeting #4 Consultant shall facilitate TAC Meeting #4 to review and receive feedback on Draft Tech Memo 6 and Draft Code Outline. . 6.3 PC Meeting #1 City shall facilitate and Consultant shall attend PC Meeting #] which is to review and receive feedback on Draft Tech Memo 6 and Draft Code Outline. PC Meeting #1 will occur on the same day. as TAC Meeting #4. , 6.4 Revised Tech Memo 6 and Revised Code Outline Consultant shall revise Draft Tech Memo 6 and Draft Code Outline, incorporating comments from City, WOCPM, TAC, and PC, and submit Revised Tech Memo 6 and Revised Code Outline to City and WOCPM. Schedule Within 12 months ofNTP. City Deliverables 6.a TAC Meeting #4 6.b PC Meeting #] 6.c Written comments on draft Consultant deliverables Consultant DeIiverables 6A. Draft Tech Memo 6 6B Three Reconnaissance Site Visits 6C Key Participants Meetings #] 6D Public Workshop #1 6E Key Participants Meetings #2 6F Public Workshop #2 6G T AC Meeting #4 6H PC Meeting #] 61 Revised Tech Memo 6 and Revised Code Outline Match Milestone Consultant shall not proceed with tasks 7 through 9 unless and until WOCPM provides written Notice to Proceed. - 38- TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LAJO Task 7: DeveloDment and Analvsis of Alternatives Objectives: I) to develop potential solutions to the deficiencies and needs identified previously; and 2) to develop a robust information base upon which City may make future transportation decisions on a variety of subjects. Subtasks 7.1 Draft Tech Memo 7: Alternatives Analysis and Funding Program Consultant shall prepare Draft Tech Memo 7, identifying up to three alternative solutions, as directed by City and WOCPM, for each identified deficiency or need. Alternatives must meet the standards, goals and objectives identified in previous Tech Memos. I . Consultant shall provide an evaluation matrix for the alternative solutions, utilizing the evaluation criteria identified in Tech Memo 2. For road improvements, the evaluation matrix must include vlc, LOS, critical turning and queuing estimates. Cost estimates must be planning-level cost estimates, based on year 2010 dollars, and referenced to the Construction Cost Index (CCI). Draft Tech Memo 7, must include the following elements: A. Identification of Auto-Related Alternatives Consultant shall prepare proposed solutions for automotive traffic issues identified in Tech Memo 5. Consultant shall make a list of recommended changes to street classifications, with supporting rationale. B. Pedestrian Node Analysis Consultant shall sununarize the Conceptual Plans identified in Task 6. C. Access Management and Spacing Consultant shall recommend access management standards, identify areas that are critical for improving access management and prepare a plan and recommended code for improving access management and moving in the direction of the recommended standards for state facilities, City arterials and collectors within the Project Area. D. Downtown Access Plan Consultant shall review existing parking and planned future parking utilizing City's previous downtown parking plans and right of way options. The Downtown Access Plan must identify ways to increase overall access to downtown for all modes of travel without increasing parking. The Downtown Access flan must include "A" Street parking needs. Consultant shall evaluate new and different arterial routes to redesign the main circulation system for City, including: moving traffic away from downtown; allowing - 39- TOM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 slower-moving local traffic that interacts better with pedestrians and bikes; and that allows broader sidewalks. E. Passcngcr Rail System Consultant shall evaluate the feasibility of and planning-level cost estimates of a regional commuter rail system. The evaluation must include potential intercity corridors that connect Ashland to Medford. Consultant shall identify a list of possible routes, terminal points, and multi-modal transfer points for a passenger rail system. Desired outcomes include planning level cost estimates, understanding oflong-term right-of-way preservation needs, and keys for success. . F. Street Car System Consultant shall evaluate the feasibility and planning-level cost estimates of a common carrier rail transit system (street car) providing local service. The proposed service must pick up and discharge passengcrs at key locations such as downtown and campus that ean augment the current RVTD transit system. The evaluation must provide clear alternatives to either expanding the transit system or adding a street carltrolley system. The evaluation must includ~ research as to which mode transit or street car is most likely to be used in Ashland. The evaluation must also provide proposed connections to a commuter rail system. G. High Density Housing The intent of an integrated land use and transportation plan is to ensure that long range transportation recommendations provide transportation alternative based on densities. Consultant shall evaluate multi-modal transportation recommendations bascd on existing and potential high density housing patterns and provide recommendations as to where high density housing should be located to reduce the need for cars and id(!ntify any items in the development code that currently attract or detract from high-density housing. H. Transit Transit is integral to the Community's long-term vision. RVTD currently runs two bus routes, subsidized by City, which serve both guests and employees. Utilizing data and analysis from previous work, including the RVTD long-term master plan, Consultant shall analyze the existing transit system, recommend improvements to the existing system, project future ridership and recommend future improvements to the system both locally and regionally. Consultant shall consider new routes and areas requiring transit service based on population and density projections examined in previous Tech Memos. Future conditions of the transit portion of the plan must include the following: 1. Average and peak ridership projections 2. An evaluation of connectivity with regional bus system, potential light rail and 1-5 transit alternatives - 40- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 3. Recommendations for route and circulation changes 4. Recommended levels of service (i.e., time interval between buses by route) 5. Recommendations for rolling stock changes (e.g., bus capacity, seating arrangement, functionality, appearance) 6. Design standards for bus stops and shelters 7. Means to identify the triggers which indicate when changes to service arc needed. 8. A discussion of future transit technology such as security systems, next bus arriving displays, fare box systems, smart cards, and other related items 9. The analysis and evaluation must also quantify future characteristics of transit operations including: i. Planning level cost estimates to run the system and the general fund subsidy ii. Planning level cost estimates to run the service on a cost per service hour and cost per passenger metric iii. A projection of the IO-year cost to run and associated general fund subsidy based on demand projections and specified fuel cost. tv. An analysis of potential funding options to help establish a dedicated revenue stream. I. Rapid Transit Consultant shall evaluate regional and rapid transit opportunities. Consultant shall identify a list of possible routes, signal prioritization, tcrminal points, and multi-modal transfer points in City for a regional rapid transit system. The evaluation must include potential easements and right-of-way acquisitions as well as an evaluation of a transit overlay district. Desired outcomes include general feasibility, planning level cost estimates, understanding oflong-term right-of-way preservation needs, and keys for success. J. Bike Routes Connectivity/Boulevards Consultant shall recommend connectivity improvements to City's existing bike routes and recommend future bike route extensions into and beyond the Project Area. Consultant shall recommend bike boulevards that utilize existing residential streets, provide specialized signal controls, auto circles and speed bumps. Consultant shall evaluate potential locations for protected bikeways. This portion of the TSP must use the City of Portland B2 Power as a model. K. Multi-Use Trails Consultant shall incorporate the existing multi-use trails system and park trail system plans into the TSP and provide recommendations to improve connectivity to the existing Multi-Use Trails system and identify new multi-use trail system locations within the Projeet Area. L. Green Street Standard Specifications Consultant shall update City's street standard specifications. - 41 - TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TOM9LA30 Specifications must include "Green Street" standards as established by the City. A "green street or arterial" means a paved public or private right-of-way that either completely or partially manages stormwater on site through use of low impact devclopment facilities that provide water quality benefits and infiltrate stormwater (if an infiltration facility); creates attractive streetscapes that increase neighborhood livability by enhancing the pedestrian environment and introducing park-like elements into neighborhoods; serves as an urban greenway segment that conneets neighborhoods, parks, recreation facilities, schools, main streets, and wildlife habitats; and meets broader community goals by providing pedestrian and, where appropriate, bicycle access. M. Freight Consultant shall evaluate freight passage through, into, and from Ashland. Consultant 'shall recommend freight route improvements (including rail) to the existing transportation system and future freight route improvements to accommodate future land use and transportation system changes within the Project Area. Desired outcomes include general understanding how much freight travels through Ashland, through downtown, the freight delivery needs in the downtown area, whether a freight route is needed, and what role rail can play. N. Safe Routes To Schools Consultant shall review the "Safe Routes to Schools" plans completed by the City and incorporate them into the TSP pedestrian and bicycle plans, In addition, Consultant shall identify potential alternative connective routes, facility enhancements, and crossing treatments that would improve student safety when walking or biking to school. O. Shared Roads As part of the bicycle planning process, the Consultant shall evaluate existing and future streets for use as possible "Shared Roads" (the traffic engincering concept that involves the removal of the traditional separation between motor vehicles and pcdestrians and other road users, and the removal of traditional road priority management devices such as curbs, lines, signs and signals) and recommend design treatments. P. Road Dict The Consultant shall evaluate up to five transportation corridors for potential "road diet" improvements that create more efficient ways to provide access and mobility for pedestrians, bicycle riders and transit users and reduce frequent turning movements onto commercial and residential driveways. Three of the five corridors must include North . Main, East Main Downtown, and Ashland Street. Consultant shall provide proposed cross-sections and Multi-modal LOS results with and without the "road diets". Q. Offset Intersection Realignment Plan There are numerous offset intersections in Ashland. Consultant shall provide recommended realignment options for up to ten locations. The options must include the needed acquisition of easements and right-of-way for said improvements. - 42- TOM Orant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 R. Airport Consultant shall evaluate potential multi-modal uses of the Ashland Municipal Airport (Le.: freight, transport). Consultant shall evaluate regional multi-modal advantages of connecting to and using the Medford Airport. Consultant shall identify potential multi modal links to the Ashland Municipal Airport (i.e. freight, passenger service). S. Roundabouts Consultant shall evaluate Ashland intersections and make recommendations for those that may be appropriate for roundabouts, including mini-roundabouts in gridded neighborhoods. Consultant shall identify specific safety and comfort measures for bicyclists and pedestrians negotiating roundabouts. T. Railroad Crossing at Fourth Street Consultant shall evaluate the feasibility of a railroad crossing to the 74 acre "Railroad Property". Consultant shall identify steps and approval process necessary to secure crossing. U. Addition of an 1-5 Exit Consultant shall evaluate the need for and proposed location of an additional freeway exit. V. Bicycle!Pedestrian Overcrossing Consultant shall evaluate the need for and identify potcntiallocations of a bicycle/pedestrian overcrossing over 1-5. W. Will Dodge Way Consultant shall evaluate the best use of Will Dodge Way and other alleys in the downtown area (i.e.: pedestrian/bicycle access, deliveries) and determine if alley ways could be acceptable and feasible pedestrian and bicycle access points to downtown. X. Special Transportation Area Consultant shall evaluate the advantages and disadvantages of creating a special transportation area on State Highway 99 in Ashland. Y. Other Alternative Modes of Transportation Consultant shall evaluate and make recommendations regarding modes of transportation other than vehicles, bicyclists and pedestrians (Le.: skateboards, wheelchairs). Z. Funding Programs Consultant shall prepare a list of funding options for considerati~n by City. Funding options section must include a summary of historic and existing City transportation funding sources as well as the project transportation funding available to City. Funding - 43- TOM Grant Agreement No. 26783 TOM File Code 3A-09 - EA # TOM9LA30 options must include all funding sources available to City in a matrix form, and a brief narrative explaining each option. Consultant shall prepare a list of funding options relative to Transportation and Park System Development Charges. The Funding Program list must include future funding available at different fee levels. Consultant shall submit Draft Tech Memo 7 to City and WOCPM. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of comments to Consultant. 7.2 Public Meeting Set #3: Key Participants Meeting #3/Public Workshop 113 Key Participants Meetings #3: Consultant shall facilitate up to four meetings scheduled the day prior to or the day of Public Workshop #3, with key participants identified by City, to review the concepts developed in Tech Memo 7. Public Workshop #3: Consultant shall conduct Public Workshop #3 (charette style) allowing participants to review the concepts, suggest revisions and draw othcr ideas. Consultant shall provide opportunities for feedback on the overall concepts and individual elements. 7.3 T AC Meeting #5 Consultant shall facilitate T AC Meeting #5 to review and receive feedback on Draft Tech Memo '7. 7.4 TC Meeting #4 City shall facilitate and Consultant shall attend TC Meeting #4 to review and receive feedback on Draft Tech Memo 7. 7.5 Revised Tech Memo 7 Consultant shall revise Draft Tech Memo 7, incorporating comments from Public Meeting Set #3, City, WOCPM, T AC and TC, and submit Revised Tech Memo 7 to City and WOCPM. City ,oeliverables 7.a TAC Meeting #5 7.b TC Meeting #4 7.c Written comments on draft Consultant deliverables Consultant Deliverables 7 A Draft Tech Memo 7 7B Key Participants Meetings #3 7C Public Workshop #3 7D T AC Meeting #5 7E TC Meeting #4 7F Revised Tech Memo 7 - 44- TGM Orant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LAJO. Task 8: Develop Sustainabilitv Policies Objective: To promote sustainability and green transportation policies in support of City's vision. Subtasks 8.1 Draft Tech Memo 8: Sustainability Consultant shall prepare Draft Tech Memo 8 to providc a single rcfcrcnce for City sustainability programs relative to transportation, reduction of reliance on the automobile, reduction of the City's carbon footprint, and other relevant sustainability policies, goals, and objectives. Draft Tech Memo 8 must include the following elements: A. Transportation Demand Management Consultant shall prepare a Transportation Demand Management program for the City that meets the requirements of the TPR, and furthers City's goals and objectives. B. Rcduction of the Carbon Footprint Consultant shall prepare a set of policies for reducing the City's carbon footprint. C. Climate Change Consultant shall identify impacts and potential multi-modal system solutions to climate change. D. Environmental Impact - to - Transportation Benefit Matrix Consultant shall prepare a matrix identifying current and potential transportation options, and ratios of their environmental impacts to the transportation benefits. E. Private Sector Sustainability Solutions Consultant shall identify existing and potential private sector solutions to sustainability (e.g. Carsh,mng, Vanpool rentals, hotel shuttles), and policies City can implement to promote private .sector solutions. F. Other Relevant Policies, Goals, and Objectives Consultant shall prepare a set of policies, goals, and objectives relevant to reduction of reliance on the automobile that are not already addressed in the Transportation Demand Management or Reduction of the Carbon Footprint sections of the Tech Memo 8. Consultant shall submit Draft Tech Memo 8 to City and WOCPM. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of comments to Consultant 8.2 Project Mailing #3 Consultant shall prepare Project Mailing #3 to Agency's satisfaction, a full page, double sided, in. color information sheet and provide it electronically to the City and the Project Website from - 45- TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LAJO Task 1.4. City shall mail Project Mailing #3 to all households and businesses in Ashland. Project Mailing must identify work performed to date, work to be done, upcoming meetings, and points of contact. 8.3 T AC Meeting #6 Consultant shall facilitate T AC Meeting #6 to review and receive feedback on Draft Tech Memo 8. 8.4 TC Meeting #5 City shall facilitate and Consultant shall attend TC Meeting #5 to review and receive feedback on Draft Tech Memo 8. 8.5 Revised Tcch Memo 8 Consultant shall revise Draft Tech Memo 8, incorporating comments from City, WOCPM, TAC and TC, and submit Revised Tech Memo 8 to City and WOCPM. City Deliverables 8.a Project Mailing #3 8.b T AC Meeting #6 8.c TC Meeting #5 8.d Written comments on draft Consultant deliverables Consultant Deliverables 8A Draft Tech Memo 8 88 Project Mailing #3 8C T AC Meeting #6 8D TC Meeting #5 8E Revised Tceh Memo 8 Task 9: Identification of Preferred and Cost-Constrained Alternatives Objective: To identify preferred and cost-constrained altematives. Subtasks 9.1 Draft Tech Memo 9 Consultant shall prepare Draft Tech Memo 9, identifying preferred and cost-constrained alternatives. Draft Tech Memo 9 must include the following elements: A. Identification of Alternatives Consultant shall identify, consistent with Step 15 of Transportation System Planning Guidelines 2008, a preferred alternative and a cost-constrained alternative, the Revenue Forecast, for each deficiency or need. Identification of Alternatives must include, in addition to those elements required by the TPR, the following elements: - 46- TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LAJO . A prioritized list of alternative travel mode projections (non-automobile transportation, and transit). . Projects necessary to reduce transportation barriers to key development and redevelopment areas including the Croman Mill Site and the Railroad Property Site. . Corridor improvement needs for OR 66 and OR 99, and the determination of additional refinement plans on these and other corridors. . Access Management Strategies for OR 66, OR 99, and City arterials and collectors. . Identification of "Safe Routes to Schools" improvements. . Alternative circulation systems that would remove heavy flow of traffic away from downtown to allow a more pedestrian, bicycle, disabled friendly town and allowing more outdoor business opportunities such as sidewalk cafes. . Planning-level cost estimates referenced to the CCI for updates. B. Identification of Preferred Pedestrian Nodes Consultant shall identify the revised concept plans for each of the pedestrian nodes (mixed-use activity centers) developed in Task 6. Based on the input and illustrations from Task 6, each preferred Node must includc: . Conceptual axonometric or streetscape perspectives and elevation drawings . Street improvement design treatments . Transportation improvement conceptual plans in plan and perspective view . Outline ofland use and transportation regulations to support desired development. Consultant shall submit Draft Tech Memo 9 to City and WOCPM. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of comments to Consultant 9.2 T AC Meeting #7 Consultant shall facilitate T AC Meeting #7 to review and receive feedback on Draft Tech Memo 9. 9.3 TC Meeting #6 City shall facilitate and Consultant shall attend TC Meeting #6 to review and receive feedback on Draft Tech Memo 9. 9.4 Revised Tech Memo 9 Consultant shall revise Draft Tech Memo 9, incorporating comments from City, WOCPM, T AC and TC, and shall submit Revised Tech Memo 9 to City and WOCPM. City Deliverables 9.a TAC Meeting #7 - 47- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LAJO 9.b . TC Meeting #6 9.c Written comments on draft Consultant deliverables Consultant Deliverables 9A Draft Tech Memo 9 9B T AC Meeting #7 9C TC Meeting #6 9D Revised Tech Memo 9 Match Milestone Consultant shall not proceed with tasks 10 and 11 unless and until WOCPM provides written Notice to Proceed. Task 10: Draft TSP. Implementine Ordinances and Findines Objective: To prepare a Draft TSP, Implementing Ordinances and Findings for consideration by City staff and City officials. Subtasks 10.1 Draft TSP Consultant shall prepare a Draft TSP incorporating earlier Tech Memos I - 9 and the comments received. Draft TSP must include: A. Maps showing each updated future network: street, transit, and non-automobile transportation. A comprehensive map showing all networks B. Prioritized list of multi-modal projects (preferred and cost-constrained) with CCI estimates C. Project summary prospectus sheets, including project costs, loeation map, and cross- section D. Updated roadway design standards, emphasizing "green" aspects E. Access spacing standards F. Pedestrian node (mixed-use activity center) plans Draft TSP must be organized into the following chapters, and include: 1. Transportation System Sununal)' . Inventory of entire transportation system for all modes of travel. 2. Transportation Goals, Plans, and Polieies . Survey of state, regional, and local plans, policies, rules and regulations. - 48- TGM Orant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LAJO . Goals and objectives supporting the eommunity's vision. 3. Existing Conditions . Analysis of existing traffic conditions for all modes of travel: volumes, LOS, turning movements, mobility, and safety for aU through streets and intersections. Areas of significant stacking (including at commercial driveways) or traffic safety concerns 4. Future Demand and Land Use . Existing and future land uses to estimate traffic generation in the community, as well as future through traffic. Trip distribution, including estimates of trip ends per land use type, total annual trip ends, sununer peak trip ends and winter peak trip ends. 5. Pedestrian Plan . Examination and analysis of existing facilities. Recommendations for improvements and design standards. Focus on safety, particularly in areas of high pedestrian traffic or residential .areas with significant speeding issues. . Comprehensive and prioritized list of improvements, including itemized preliminary Engineer's Estimates. 6. Bicycle Plan . Examination and analysis of existing facilitics. Recommendations for improvements and design standards. Focus on safety, partieularly in areas of high bicycle traffic or residential areas with significant speeding issues. . Comprehensive and prioritized list of improvements, including itemized preliminary Engineer's Estimates. 7. Public Transportation Plan . Examination of potential modes of public transportation. 8. Motor Vehicle Plan (including Transportation System Management, and Truck/Freight Plan) . Proposed changes and improvements to best accommodate vehicle traffic within the existing constraints and long-term vision of the eommunity. . Focus on impacts to businesses in the downtown area. . Potential to reduce capacity by adding off-street parking, pedestrian improvements, landscaping features, and traffic calming measures. Evaluation of "Skinny Street" and "Road Diet" measures. . General vehicle circulation, and Downtown Busincss Area circulation. . Traffic calming measures in appropriate areas, based on bicycle and pedestrian safety, particularly in areas of high bicycle and pedestrian traffic or residential areas with significant speeding issues. Measures must take into account winter maintenance activities. . Comprehensive and prioritized list of improvements, including itemized preliminary Engineer's Estimates. 9. Parking Plan . Impacts on capacity and circulation issues on the Downtown Business Area and Railroad District. Update of future parking needs based on Downtown Parking Plan Study. - 49- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LAJO 10. Other Modes Plan (Air, Rail, Water, Pipeline) . Survey of other transportation modes. 11. Sustainability Plan . Policies supporting community's vision regarding sustainability, including Transportation Demand Management and reduction of the carbon footprint. 12. Funding/Implementation . Examination of historic funding sources and potential future funding sources. 13. Plan Implementation Recommendations for ordinance amendments (zoning, subdivision, public works construction standards) . Recommendations for new design standards for roads, bicycle and pedestrian facilities, and transit facilities. Standards for street classifications, including arterials, collectors, avenues, neighborhood collectors, neighborhood streets, alleys, and multi-use paths: lane width, size of turn pockets, criteria for determining needed pockets, shoulder if applicable, sidewalk width and location, bicycle lanes, park-rows, tree wells, curb and gutter, right of way width, green street designs, and others. Consultant shall submit Draft TSP to City and WOCPM. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of comments to Consultant 10.2 Draft Implementing Ordinances/Draft Findings ' Consultant shall prcpare Draft Implementing Ordinances, including Traffic Impact Analysis requirements for the development code, for implementing the TSP and policies. Consultant shall prepare Draft Findings necessary for City adoption ofTSP. Consultant shall submit Draft Implementing Ordinances and Draft Findings to City and WOCPM. City shall submit one set of consolidated, non-conflicting comments to Consultant. WOCPM will submit one set of comments to Consultant 10.3 TAC Meeting #8 Consultant shall facilitate TAC Meeting #8 to review and receive feedback on Draft TSP, Draft Implementing Ordinances and Draft Findings. 10.4 TC Meeting #7 City shall facilitate and Consultant shall attend TC Meeting #7 to review and receive feedback on Draft TSP, Draft Implementing Ordinances and Draft Findings. 10.5 Revised TSP/Revised Implementing OrdinancesIRevised Findings Consultant shall revise Draft TSP, Draft Implementing Ordinances and Draft Findings, incorporating comments from City, WOCPM, TAC and TC, and shall submit Revised TSP, Revised Implementing Ordinances and Revised Findings to City and WOCPM. - 50- TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LA30 City Deliverables 10.a TAC Meeting #8 10. b TC Meeting #7 10.c Written comments on draft Consultant deliverables Consultant DclivcrabIcs lOA Draft TSP lOB Draft Implementing Ordinances 10C Draft Findings 10D TAC Meeting #8 10E TCMeeting#7 IOF Revised TSPIRevised Implementing OrdinancesIRevised Findings Task 11: Final TSP. ImDlementinl! Ordinances and Findinl!s Objective: To prepare a Final TSP, Implementing Ordinanees and Findings for adoption by City. Subtasks 11.1 Final TSP Consultant shall update Revised TSP based on input from City, PC, TC and WOCPM, and prepare and submit Final.TSP to City and WOCPM. . 11.2 Final Implementing Ordinances Consultant shall update Revised Implementing Ordinances based on input from City, Joint PC, Tt and WOCPM, and prepare and submit adoption ready Final Implementing Ordinances to City and WOCPM. Consultant shall submit ten bound "hard" copies of the Final Implementing Ordinances to City, and one bound "hard" copy to WOCPM. Consultant shall submit four electronic copies on compact discs to City, and one electronic copy on compact disc to WOCPM. 11.3 Final Findings Consultant shall prepare Final Findings necessary to support adoption ofTSP and Implementing Ordinances. Consultant shall submit ten bound "hard" copies ofthe Final Findings to City, and one bound "hard" copy to WOCPM. Consultant shall submit four electronic copies on compact discs to . City, and one electronic copy on compact disc to WOCPM. 11.4 Planning Commission Hearing City shall facilitate a Planning Commission Hearing for presentation of Final TSP, Final Implementing Ordinances and Pinal Findings. Consultant shall attend Planning Commission Hearing, and shall present and receive feedback on the Final TSP, Final Implementing Ordinances and Final Findings. - 51 - TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TOM9LAJO 11.5 City Council Hearing City shall facilitate a City Council meeting of Final TSP, Final Implementing Ordinances and Final Findings for approval and adoption. Consultant shall attend City Council Hearing, and shall present and receive feedback on the Final TSP, Final Implementing Ordinances and Final Findings. 11.6 Adopted TSP/Adopted Implementing Ordinances Consultant shall submit ten bound "hard" copies of the adopted TSP and adopted Implementing Ordinances to City, and four bound "hard" copies to WOCPM. Consultant shall submit four electronic copies on compact discs to City, and two electronic copies on compact discs to WOCPM. Electronic copies must be provided both in .pdf and modifiable format. Consultant shall prepare a web-ready version of the adopted TSP, which must include the following: o Links to individual TSP chapters and sub-sections o Interactive maps showing proposed projects, with links from the map "hot spots" to individual project prospectus sheets. City DeliverabIes ll.a Planning Commission Hearing Il.b City Council Hearing Consultant DeIiverables llA Final TSP 11 B Final Implementing Ordinances 11 C Final Findings 11 D Planning Commission Hcaring 11 E City Council Hearing 11 F Adopted TSP/Adopted Implementing Ordinanees , Contineencv Tasks Objective: Contingency tasks to be implemented ifneedcd. No work under the following contingency tasks shall be done by Consultant without the prior written approval (e-mail acceptable) ofWOCPM for that particular contingency task. Subtasks C.2A Travel Survey Consultant shall tabulate all hand completed hard copy surveys. - 52- TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TGM9LA30 C.2B Joint pcrrc Meeting (up to 8) City shall facilitate up to eight joint PC/TC Meetings to discuss project purpose and taskslresponsibilities, and to review and receive feedback on Tech Memos or Draft TSP. Consultant shall attend one to eight joint PC/TC Meetings to review and receive feedback on Revised Tech Memos 1 through 8 or Draft TSP. . C.3B System Inventory Consultant shall inventory and update GIS database(s) where the data requested as part of Task 3.1 is not readily available by other sources. C.7B Offset Intersection Realignment Plan Consultant shall provide recommended realignment options for an additional location. C.12.A T AC Meetings (up to 6) Consultant shall facilitate up to three additional T AC Meetings to review and receive feedback on Tech Memos or Draft TSP. The additional T AC Meetings will be part of trip that also includes an additional TC meeting or Joint PC/TC Meeting. C.12.BTC, TAC, or Joint PC/TC Meetings (up to 4) Consultant shall attend up to 4 additional meetings to present to the TC, T AC, or Joint PC/TC to receive feedback on' the completed on Tech Memos, Tasks, and the Draft TSP. . C13A Review Existing TSDC Consultant shall review the existing City of Ashland Transportation System Development Charge (TSDC) and identify potential updates to the TSDC methodology and prepare items for discussion with the City. C13B TSDC Video Conference The City and the Consultant shall participate in a video conference call to discuss the Consultant's review of the existing TSDC and methodology. The Consultant shall identify questions and recommendations and the City shall provide guidance to the Consultant on how to proceed. C13C Draft TSDC and TSDC Ordinance: Consultant shall prepare Draft TSDC and ordinance. Draft TSDC must include determining TSDC cost bases, TSDC capacity bases, and proposed TSDC reimbursement and improvement fees using the recommended methodology. Draft TSDC must'include documentation for recommendations and be developed in accordance with Oregon statutes. Consultant shall distribute Draft TSDC to SDC Committee and City for review and comment two weeks prior to SDC Committee meeting. ' C13D SDC Committee Meeting: Consultant shall attend SDC Committee Meeting to review and solicit comment on Draft TSDC and methodology. - 53 - TOM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 C13E Revised TSDC and TSDC Ordinance: Consultant shall revise Draft TSDC and ordinance based upon comments obtained at SDC Committee meeting. Consultant shall distribute Revised TSDC electronically to STD Committee and City. C13F City Council Public Hearing City Council shall conduct a public hearing to receive testimony and consider adoption of the updated TSDC. C13G City Council Updates to the TSCD The Consultant shall prepare updates to the TSDC per City Council comments Consultant Deliverables: Consultant Amounts per Deliverable and Schedule Total Fixed Task and Schedule Task Description Amount Payable Project (months after to ConsultQnt Per Deliverable To/Qls NTP) lA Kick-Off Meeting $5,480 I IB Bi- Weekly Teleconferences (Up to52 17,160 I @330 each) IC Proiect Website 5,860 I 10 Proiect Schedule 1,540 1 Task 1 Total $30.040 2A Draft Tech Memo I $7,100 3 2B Draft Tech Memo 2 4,580 3 2C Travel Survey 5,470 3 2D T AC Meeting # 1 4,970 3 2E TC Meeting: # I 1,190 3 2F Revised Tech Memo 1 1,450 3 2G Revised Tech Memo 2 1,230 3 Task 2 Total $25.990 3A Draft Tech Memo 3 $12,590 5 3B Proiect Mailing # I 1,960 5 Task 3 Total $14.550 4A Draft Tech Memo 4 $18,380 7 4B Bicycle/Pedestrian Facility GIS MaD 1,620 7 - 54- TGM Orant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 Total Fixed Task and Schedule Task Description Amount Payable Project (months after to Consultant Per Deliverable Totals NTP) 4C T AC MeetiDl! #2 5,130 7 4D TC Meetin!r #2 1,060 7 4E Revised Tech Memo 3 3,680 4F Revised Tech Memo 4 4,460 7 Task 4 Total $34.330 SA Draft Tech Memo 5 $21,610 10 5B Proiect Mailing #2 1,810 10 5C TAC Meeting #3 4,630 10 5D TC MeetiDl! #3 840 10 5E Revised Tech Memo 5 3,670 10 Task 5 Total $32.560 6A Draft Tech Memo 6 and Draft Code $15,290 12 Outline 6B Reconnaissance Site Visits 640 12 6C Kev Particinants Meetings # 1 4,640 12 6D Public Workshon #1 2,520 12 6E Kev Particinants Meetings #2 4,640 12 6F Public Workshon #2 2,720 12 60 TAC Meeting #4 2,730 12 6H TC Meetin!r #4 970 12 61 Revised Tech Memo 6 and Revised 2,470 ,. 12 Code Outline Task 6 Total $36 620 7A Draft Tech Memo 7 $34,550 15 7B Kev Particinants Meetings #3 1.630 15 7C Public Workshon #3 6,980 15 7D T AC Meeting #5 5,380 15 7E TC Meeting #5 1,490 15 7F Revised Tech Memo 7 8,890 IS Task 7 Total $58.920 8A Draft Tech Memo 8 $7,290 18 8B Proiect Mailing #3 2,720 18 8C TAC Meetin!r #6 4,820 18 8D TC Meeting #6 1,410 18 8E Revised Tech Memo 8 3,440 18 Task 8 Total $19.680 - 55- TOM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LAJO Toml Fixed Task and Schedule Task Description Amount Payable Project (months after to Consultant Per Deliverable Totals NTP) 9A Draft Tech Memo 9 . $15,940 21 9B T AC Meetinl! #7 3,720 21 9C TC Meeting #7 840 21 9D Revised Tech Memo 9 3,900 21 Task 9 Total $24,400 lOA Draft TSP $14,540 24 lOB Draft Implementing Ordinances 3,860 24 10C Draft Findinl!s 1,940 24 IOD T AC Meetinl! #8 4,970 24 IOE TC Meeting #8 1,190 24 10F Revised TSP, Revised Implementing 7,230 24 Ordinances, and Revised Findinl!s Task 10 $33,730 Total llA Final TSP $4,990 28 llB Final Implementinl! Ordinances 1530 28 llC Final Findinl!s 1,080 28 lID Planninl! Commission Hearin!!. 3,790 28 liE City Council Hearin!!. 3,790 28 Task 11 $15,180 Total Project $326,000 Total Contin encv Tasks C.2A Tabulate Hard CODV Travel Survev $4,110 TBD C.2B Joint PC/TC Meetings (Up to 8 @ 37,680 TBD $4,710 each) C.3B Existing Inventorv 9,070 TBD C.7B Offset Intersection Realignment Plan 940 TBD (each) C.12.A TAC Meetings (up to 6) 5,060 TBD C.12.B TC, TAC, or Joint PC/TC Meetings (up 14,130 TBD to 4) C13A Review Existing TSDC 1,370 TBD CBB TSDC Video Conference 1,560 TBD C13C Draft TSDC and TSDC Ordinance 8,540 TBD Cl3D SDC Committee Meeting 2,540 TBD - 56- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TOM9LA30 Totat Fixed Task and Sehedule Task Description Amount Payable Project (months after to ColtSultant Per Deliverahle Totals NTP) C13E Revised TSDC and TSDC Ordinance 1,050 TBD C13F Citv Council Public Hearing '3,720 TBD C13G Citv Council Uodates to the TSDC 970 TBD Contin~encies Total $90 740 Proiect Dlus Contin~encies Total $416.740 - 57- ~ [j[] :- - Ql (f.I::c-rmoi!5()c~ !!S5.i.i!<> ~"Q. -2'"Se'3.S ia~o~~ :l.G> ~ ~ - ~ a ~ ~ ~ 1 i r--- . .-- j ;__r_r-~ I -I _J Map A - City of Ashland Project Area Map .. ~ .. - t;: g: " 1q .. '" i. a - f I f (~_b L. 19..~ " P"''''V. - 58 - TGM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TOM9LA30 GI "U III .., ~ .Q. CD (") 'j;, ..... )> CJl,.. .., J:- CD ... l>> \""".. s::: ;1>0 l>> z... "C 0 TOM Grant Agreement No. 26783 TOM File Code 3A-09 EA # TOM9LA30 EXHmIT 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 ofaoy firm or person in connection with carrying out the contract, or (e) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultarit). 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 represenlative 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) payor agree to pay, to any finn, person or organization, any fee, contribution, donation or consideration of any kind except as here expressly slated (if any): Deparunent official further acknowledges this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable Slate and Federal laws, both criminal and civil. EXHIBIT C Federal Provisions Oregon Department of Transportation I. CERTIFICA nON OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION Contractor certifies by signing this contract that to the best of its knowlcdge and belief, it and its principals: I. Are not presently debarred. suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal deparunent or agency; criminal offense in connection with obtaining, attempting to oblain or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery falsification or destruction of records, making false statements or receiving stolen property; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a Rev. 511012000 AGR.FEDCERT - 59- 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification, such prospective participa"nt shall attach an explanation to this proposal. List exceptions. For each exception noted, indicate to whom the exception applies, initiating agency, and dates of action. If additional space is required, attach another page with the following hearung: Certification Exceptions continued, Contract Insert. \ EXCEPTIONS: Exceptions will not necessarily result in denial of award, but will bc considered in determining Contractor respensibility. Providing false information may result in criminal prosecution or administrative sanctions. The Contractor is advised that by signing this contract, the Contractor is deemed to have signed this certification. II. INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS 1. By signing this contract, the Contractor is providing the ccrtification sct out below. 2. The inability to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The Contractor shall explain why he or she cannot provide the certification set out below. This explanation will be considered in connection with the Oregon Department of Transportation determination to enter into this transaction. Failure to furnish an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later detennined that the Contracior knowingly rendered an erroneous Rev. Sl1012000 AGR.FEOCERT - 60- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 certification, in addition to other remedies available to the Federal Government or the Department may terminate this transaction for cause of default. 4. The Contractor shall provide immediate Mitten notice to the Department to whom this proposal is submitted if at any time the Contractor learns that its certification was erroneous when submitted or has b~ome erroneous by reason of changed circumstances. 5. The terms "covered transaction", "debarred", IIsuspended", "ineligible", 1I10wer tier covered transactiontf, Uparticipant", "person", Ilprimary covered transaction", "principal", and "voluntarily excluded I', as used in this clause, have the meanings set out in the DefInitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Department's Program Section (Tel. (503) 986-3400) to which this proposal is being submitted for assistance in obtaining a copy of those regulations. - 6. The Contractor agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transactions with a person who is debarted, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency entering into this transaction. 7. The Contractor further agrees by submitting this propesal that it will include the Addendum to Form FHWA-1273 titled, "Appendix B--Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions", provided by the Department entering into this covered transaction without modification, in aJllower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List published by the U. S. General Services Administration. 9. Nothing contained in the foregoing shall be ~ construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government or the Department, the Department may terminate this transaction for cause or default. III. ADDENDUM TO FORM FHW A-1273, REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors, and other lower tier participants. Appendix B of 49 CFR Part 29 - Appendix B-Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions Instructions for Certification I. By signing and submitting this contract, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to thc Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this contract is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Rev. 5110'2000 AGR.FEOCERT - 61- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 4. The tcrms "covcrcd transaction", "debarred", Ilsuspended". "ineligible". "lower tier covered transaction", IIparticipant", "person","primary covered transaction" 1 "principal'" "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this contract that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusionw~Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurementlisl. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of busincss dealings. 9.. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Goverrunent, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debannent. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. IV. EMPLOYMENT 1. Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractors, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranting, Department shall have the right to armul this contract without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 2. Contractor shall not engage, on a full or part-time basis or other basis, during the period of the contract, any professional or technical personnel who are or have been at any time during the period of this contract, in the employ of Department, exccpt regularly retired employees, without written consent of the public employer of such person. 3. Contractor agrees to perform consulting services with that standard of care, skill and diligence normally providcd by a professional in thc performance of such consulting services on work similar to that hereunder. Department sball be Rev. 5/100000 AGR.FEDCERT - 62- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 entitled to rely on the accuracy, competence, and completeness of Contractor's services. V. NONDISCRIMINATION During the perfonnance of this contract, Contractor, for himself, his assignees and successors in interest, hereinafter referred to as Contractor, agrees as follows: I. Compliance with Regulations. Contractor agrees to coIllply with Title VI of the Civil Rights Act of 1964, and Section l62(a) of the Federal-Aid Highway Act of 1973 and the Civil Rights Restoration Act of 1987. Contractor shall comply with the regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 2 I, as they may be amended from time to time (hereinafter referred to as the Regulations), which are incorporated by reference and made a part of this contract. Contractor, with regard to the work performed after award and prior \.. to completion of the contract work, shall not discriminate on grounds of race, creed, color, sex or national origin in the selection and retention of subcontractors. including procwement of materials and leases of cquipmcnt. Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices, when the contract covers a program set forth in Appendix B of the Regulations. 2. Solicitation for Subcontractors, including Procurement of Materials and Equipment In all solicitations, eilher by competitive bidding or negotiations made by Contractor for work to be performed under a subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shaH be notified by Contractor of Contractor's obligations under this contract and regulations relative to nondiscrimination on the grounds of race, creed, color, sex or national origin. 3. Nondiscrimination in Employment (Title VII of the 1964 Civil Rights Act). During the performance of this contract, Contractor agrees as follows: a. Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other fonns of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this nondiscrimination clause. b. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. 4. Information and Reports. Contractor will provide all information and reports required by the Regulations or orders and instructions issued pursuant thereto, and will permit access to his books, records) accounts, other sources of information, and his facilities as may be determined by Department or FHW A as appropriate, and shall set forth what efforts he has made to obtain the informalion. 5. Sanctions for Noncompliance. In the event of Contractor's noncompliance with the nondiscrimination provisions of the contract, Department shall impose such agreement sanctions as it or the FHW A may determine to be appropriate, including, but not limited to: a. Withholding of payments to Contractor under the agreement until Contractor complies; and/or b. Cancellation, termination or suspension of the agreement in whole or in part. 6. Incorporation of Provisions. Contractor will include the provisions of paragraphs 1 through 6 of this section in every subcontract, including procurement of materials and leases of equipment, unless exempt from Regulations, orders or instructions issued pursuant thereto. Contractor sballtake such action with respect to any subcontractor or procurement as Department or FHW A may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event Contractor becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such Rev, 511012000 AGR.FEDCERT - 63- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 direction, Department may, at its option, enter into such litigation to protectlhe interests of Department, and, in addition, Contractor may request Department to enter into such litigation to protect the interests of the Stale of Oregon. VI. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY In accordance with Title 49, Code of Federal Regulations, Part 26, Contractor shall agree to abide by and take all necessary and reasonable steps to comply with the following statement: DBE POLICY STATEMENT DBE Policy. It is the policy of the United Slates Department of Transportation (USDOT) to practice nondiscrimination on the basis of race, color, sex and/or national origin in the award and administration of US DOT assist contracts. Consequently, the UBE requirements of 49 CFR 26 apply to this contract. Required Statement For USDOT Financial Assistance Agreement. If as a condition of assistance the Agency has submitted and the US Department of Transportation has approved a Disadvantaged Business Enterprise Affirmative Action Program which the Agency agrees to carry out, this affirmative action program is incorporated into the financial assistance agreement by reference. DBE Obligations. The Oregon Department of Transportation (ODOT) and its contractor agree to ensure that Disadvantaged Business Enterprises as dermed in 49 CfR 26 have.the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, Contractor shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that Disadvantaged Business Enterprises have the opportunity to compctc for and perform contracts. Neither ODOT nor its contractors shall discriminate on the basis of race, color, national origin or sex in the award and performance of federally-assisted contracts. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of such contracts. Failure by the contractor to carry out these requirements is a malerial breach of this contract, which may result in the termination of this contract or such other remedy as ODOT deems appropriate. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under this contract. Reeords and Reports. Contractor shall provide monthly documentation to Department that it is subcontracting with or purchasing materials from the DBEs identified to meet contract goals. Contractor shall notify Department and obtain its written approval before replacing a DBE or making any change in the DBE participation listed. If a DBE is unable to fulfill the original obligation to the contract, Contractor must demonstrate to Department the Affirmative Action steps taken to replace the DBE with another DBE. Failure to do so will result in withholding payment on those items. The monthly documentation will not be required after the DBE goal commitment is satisfactory to Department. Any DBE participation attained after the DBE goal has been satisfied should be reported to the Departments. DBE Definition. Only firms DBE certified by the State of Oregon, Department of Consumer & Business Services, Office of Minority, Women & Emerging Small Business, may be utilized to satisfy this obligation. CONTRACTOR'S DBE CONTRACT GOAL DBE GOAL o % By signing this contract, Contractor assures that good faith efforts have been made to meet the goal for the DBE participation specified in the Request for ProposaVQualification for this project as required by ORS 200.045, and 49 CFR 26.53 and 49 CFR, Part 26, Appendix A. VII. LOBBYING The Contractor certifies, by signing this agreement to the best of his or her knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Rev. 5/1012000 AGR.FEDCERT - 64- TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this agreement, the undersigned shall complete and submit Standard Fonn~LLL, lIDisclosure Form to Report Lobbying", in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor also agrees by signing this agreement that he or she shall require that the language of this certification be included in alllowcr tier subagreements, which cxcccd $100,000 and that all such subrecipients shall certify and disclose accordingly. FOR INQUIRY CONCERNING ODOT'S DBE PROGRAM REQUIREMENT CONTACT OFFICE OF CIVIL RIGHTS AT (503)986-4354. TGM Grant Agreement No. 26783 TGM File Code 3A-09 EA # TGM9LA30 EXHIBIT D ELIGIBLE PARTICIPATING COST DESCRIPTION PERSONNEL SERVICES Salaries. Straight time pay for regular working hours in a monthly period Includes standard labor distributions like Social Security Taxes. Workers' Compensation Assessments and Medical Dental Life Insurance. Excludes mass transit tax vacation leave. sick leave and compensatory time taken ) Overtime. Pal'ments to employees for work performed in excess of their regular work shift. Shift D,ffereniial . Payments to employees. in addition to regular pay. for shift differential work as descibed in labor contracts or Personnel Rules Travel Differential. Payments to employees. in addition to regular pay. for travel time to and from work on projects in excess and beyond an 8 hour day as described in labor contracts or Personnal Rules. SERVICES AND SUPPLIES In.State Travel. Per Rates Identified in State Travel Handbook Meals & Misc. . Payment for meals incurred while traveling within Ihe State of Oregon Lodging & Room Tax. Payment for lodging. including room taxes. incurred while traveling within the State of Oregon. Fares. Taxi Bus. Air. Etc Per Diem - Payment for per diem incurred while traveling within the State of Oregon Other. Payment for other miscellaneous expense incurred while traveling within the State of Oregon PMate Car Mleage - Payment for private car mileage while traveling within the State of Oregon Office Expense Direci Project Expenses Including: Photo. Video & Microfilm Supplies - Payment for photography. video and microfilm supplies such as film for cameras. blank ,ideo tapes. storage folders. etc Printing, Reproduction & Duplication. Expenditures for services to copy. print. reproduce and!or duplicate documents Postage - Payment for direct project postage freight & Express Ma,/ - Payment for direct project freight services on outgoing shipments. Telecommunications Phor.e Toll Charges (/or.g-d'stal1ce.1 . Payment for telphone long distance charges. Publicity & Publication Puo/Ish & Pnnl Photos. PaymenI for printing and publishing photographs to development of publicity and publications Conferences (costs to put on conference or seminars) Equipment 5250 . $4,999 NOT ELIGIBLE Employee Training, Excluding Travel rWT ELIGIBLE Training In.State Travel rJOT ELIGIBLE CAPITOL OUTLAY IIOT ELIGIBLE - 65-