00015550 Sample WOC 251210.pdf

PA #_______; WOC # _____; Key#____ AE WOC Form

SAMPLE Work Order Contract

WORK ORDER CONTRACT #: (ORBuys PO #: )

PRICE AGREEMENT (“PA”) #: (ORBuys #: ) Project Name/Location:

This Work Order Contract (“WOC”) is entered into by and between the State of Oregon, by and through its Oregon Department of Transportation (“Agency” or “ODOT”), and an corporation (“Consultant” or “Contractor”).

This WOC incorporates by this reference:

a. all of the Terms and Conditions contained in Part II of the above referenced PA;

b. the provisions from the PA Exhibits with the exception of: E, E.1, K, L;

c. the attached Statement of Work and Delivery Schedule;

d. Attachment A - Acronyms & Definitions;

e. Attachment B - Breakdown of Costs (“BOC”) {except for Fixed-Price, file copy only}; and

f. Attachment C - DBE Provisions.

WOC EXPIRATION DATE: ____________. The required schedule for performance under the WOC is specified in the Statement of Work and Delivery Schedule.

DBE - WOC includes federal funds? Yes DBE Goal: 0% Certified Small Business Aspirational Target (for State-only funded WOCs over $100,000, including as amended; see PA Exhibit K): N/A Fed Aid #: 0000(302) ODOT Key # 21733 The Total Not-to-Exceed (“NTE”) amount for this WOC. This total includes: all allowable costs, profit, and fixed-fee amount (if any), shown in section H.4; and $__________ for contingency tasks, each of which must be separately authorized by Agency.

This WOC is effective on the date it has been signed by the Parties and all required State of Oregon approvals have been obtained. No Payment shall be made for Services that are performed before: i) the WOC effective date and ii) a Notice-To-Proceed has been issued by Agency.

CONSULTANT CERTIFICATION:

A. Any individual (the undersigned) signing on behalf of Consultant hereby certifies under penalty of perjury:

(1) Consultant has provided its correct taxpayer identification number to Agency for the above-referenced

PA.

(2) Consultant is not subject to backup withholding because (a) Consultant is exempt from backup withholding, (b) Consultant has not been notified by the IRS that Consultant is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified Consultant that Consultant is no longer subject to backup withholding.

(3) The undersigned is authorized to act on behalf of Consultant, the undersigned has authority and knowledge regarding Consultant’s payment of taxes, and to the best of the undersigned’s knowledge, Consultant is not in violation of any Oregon tax laws. For purposes of this certification, "Oregon tax laws" means: (i) i) any state taxes administered by the Oregon Department of Revenue (DOR) under

Form C004-B122723R1 the tax laws of this state and local taxes administered by DOR under ORS 305.620and (ii) any tax provisions imposed by a political subdivision of this state that apply to Consultant, to Consultant’s property, operations, receipts, or income, or to Consultant’s performance of or compensation for any work performed by Consultant; and (iii) any tax provisions imposed by a political subdivision of this state that apply to Consultant, or to goods, services, or property, whether tangible or intangible, provided by Consultant; and (iv) any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.

B. Any individual (the undersigned) signing on behalf of Consultant hereby certifies the undersigned is authorized to sign this WOC and that:

(1) Consultant has read, understands and agrees to comply with the requirements set forth in the PA and in all Exhibits and other documents incorporated by reference in the PA.

(2) Consultant understands and agrees that any exhibits or other documents not physically attached to the PA that are incorporated by reference have the same force and effect as if fully set forth herein.

(3) Consultant has made all required Conflict of Interest (COI) disclosures, if any.

(a) Consultant understands and has provided to all Associates (as defined in the COI Guidelines) the ODOT COI Guidelines and COI Disclosure Form available at:

https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx. Consultant and, to the best of the undersigned’s information, knowledge and belief, Consultant’s Associates, are in compliance with and have no disclosures required per the COI Guidelines (as may revised from time to time by Agency); or

(b) If disclosures regarding this WOC or the related Project are required per the ODOT COI Guidelines, Consultant has made such disclosures to Agency on a properly prepared and submitted COI Disclosure Form and, if determined necessary by Agency, a mitigation plan has been approved by Agency.

(4) (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any 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.

(b) 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this WOC, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," (https://www.gsa.gov/system/files/SFLLL_1_2_P-V12b.pdf) in accordance with its instructions.

(c) 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.

(d) Consultant shall require that the language of this certification be included in all subcontracts in excess of $100,000 at all tiers and that all such subcontractors shall certify and disclose accordingly.

(5) Consultant has, and gives employees a written notice of, a policy and practice that meets the requirements described in ORS 279A.112. Such policy both prohibits, and prescribes disciplinary https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://www.gsa.gov/system/files/SFLLL_1_2_P-V12b.pdf measures for, conduct that constitutes sexual harassment, sexual assault and discrimination against employees who are members of a protected class. Consultant agrees, as a material term of the WOC, to maintain the policy and practice in force during the entire WOC term (see additional information and sample policy template at https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx).

(6) Consultant has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State.

(7) Consultant is an independent contractor as defined in ORS 670.600 and as described in IRS Publication 1779 (https://www.irs.gov/pub/irs-pdf/p1779.pdf).

(8) In the event that Consultant is a general partnership or joint venture, Consultant signature(s) on this WOC constitutes certifications to the above statements pertaining to the partnership or joint venture, as well as certifications of the above statements as to any general partner or joint venturer signing this

WOC.

Electronic Signatures.

The Parties agree that signatures showing on PDF documents, including but not limited to PDF copies of the PA, WOC and amendments, submitted or exchanged via email are “Electronic Signatures” under ORS Chapter 84 and bind the signing Party and are intended to be and can be relied upon by the Parties. Agency reserves the right at any time to require the submission of the hard copy originals of any documents.

Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R.

1194 Appendix A. To request reasonable accommodation for access, due to a disability, to information related to this document, please contact the Oregon Department of Transportation’s Procurement Office at OPOAdministration@odot.oregon.gov or phone #503-986-2710.

CONSULTANT:

Signature Title Date

DOJ LEGAL REVIEW for ODOT: (Approved by via email dated _____)

ODOT (Procurement Authority)

Signature Print Name Date https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx https://www.irs.gov/pub/irs-pdf/p1779.pdf mailto:OPOAdministration@odot.state.or.us

STATEMENT of WORK and DELIVERY SCHEDULE for

WOC # __________ under PA # __________ Hood River Historic Columbia Highway Integrated Land Use Area and Transportation Plan

TGM File Code: 1C-24

PARTIES CONTACT INFORMATION

Name:

Address:

Phone:

Email:

Agency’s Project Manager (“APM”) for the WOC

______@odot.oregon.gov

Email:

Agency’s Contract Administrator for the WOC

Address:

Consultant’s Project Manager (“PM”) for the WOC

______@_____.com

Alternate Contact for Consultant

Email:

Local Agency Contact (“LAC”) for the Project IGA

______@_____.com

Alternate Contact for Local Agency

Agency may change the APM designation, Agency’s address for invoicing (section H.5), or both by promptly sending written notice (e-mail notice acceptable) to Consultant, with a copy to tgmcentral@odot.oregon.gov. Changes to Agency's Contract Administrator for the WOC must be done by amendment. Any changes to the PM or LAC must be approved in writing (e-mail acceptable) by Agency. Consultant or City shall provide written notice (email acceptable) to Agency of any changes to alternate contacts.

A. PROJECT DESCRIPTION and OVERVIEW of SERVICES Agency is contracting with Consultant for Services in connection with the following project (the “Project”): Historic Columbia River Highway Integrated Land Use Area and Transportation.

mailto:______@odot.state.or.us mailto:______@_____.com mailto:______@_____.com mailto:tgmcentral@odot.oregon.gov

Project Purpose/Transportation and Relationship

The purpose of the Project is to synchronize local, state, and federal investments along the Historic Columbia River Highway (“HCRH”) Cascade Avenue and Westcliff Drive (“Project Corridor”) in the City of Hood River (“City”) to lay the policy groundwork for new multi-modal, mixed-use redevelopment along the corridor. Much planning has already been completed to this end including the Historic and Commercial Gateway, updated land use regulations, and several ongoing projects nearing short-term milestone. The Project will build on these previous efforts and integrate key elements into updated land use, development code and Transportation System Plan amendments. These projects or initiatives include:

• Westside Area Concept Plan (https://digitalcollections.library.oregon.gov/nodes/view/204469);

• Westside Urban Renewal District (cityofhoodriver.gov/urban-renewal/westside/);

• Hood River Multi-Jurisdictional Parks (hoodriverparksandrec.org/master-plan);

• Hood River Affordable Housing Strategy (https://cityofhoodriver.gov/wp-content/uploads/2022/05/HR-AHS_final%C2%AD_5-5-2022.pdf

• Transportation System Plan (https://cityofhoodriver.gov/wp-content/uploads/bsk-pdf-manager/2021/07/Hood-River-TSP-Amended-4_2021.pdf): and

• Cascade Avenue Design Refinement Plan.

The Project must establish an adoption-ready streetscape cross section, zoning overlay, and implementation plan with planning level budget estimates. The Project must align transportation investments and corridor planning/place making strategies to create a vibrant and active multimodal corridor redevelopment area. The Project must embrace the historic nature of the Columbia River Highway, while promoting cohesive mixed use development pattern, supports the community's growth, and creates a gateway identity when entering the City.

Project Area

The Project Area is shown in Figure 1. The Project Area is substantially located within the City’s Westside Urban Renewal District. The Project focuses on a 2-mile Project Corridor including Westcliff Drive, portions of which are owned by the City and Hood River County (the “County”); and Cascade Avenue, a State facility; and the adjacent parcels of land along these streets. Cascade Avenue is part of the Historic Columbia River Highway (“HCRH”).

Land use along the corridor features a variety of commercial, retail strip developments, light industrial, and low- and medium-density residential. The western terminus of the Project Area includes Ruthton County Park while the eastern terminus is the intersection of 13th Street (Oregon Route 281).

Interchange Exit 62 with I84 that serves as the main freeway access point for the City’s Westside District within the Project Area.

http://www.cityofhoodriver.gov/urban-renewal/westside/ https://static1.squarespace.com/static/5e6e729f323f5f3bb08c5c47/t/5f907889c2b4f002b522a322/1603303607870/HRV_PMP_vFinal_webs.pdf https://cityofhoodriver.gov/wp-content/uploads/2022/05/HR-AHS_final%C2%AD_5-5-2022.pdf https://cityofhoodriver.gov/wp-content/uploads/2022/05/HR-AHS_final%C2%AD_5-5-2022.pdf https://cityofhoodriver.gov/wp-content/uploads/bsk-pdf-manager/2021/07/Hood-River-TSP-Amended-4_2021.pdf https://cityofhoodriver.gov/wp-content/uploads/bsk-pdf-manager/2021/07/Hood-River-TSP-Amended-4_2021.pdf

Figure 1. Historic Columbia Highway Integrated Land Use Area and Transportation Project Area

Background

ODOT has been very successful in obtaining design and construction funding for the Historic Highway State Trail (“HHST”). The HHST runs along the southern banks of the Columbia River through The Gorge and connects Portland to The Dalles when combined with the HCRH. Cascade Avenue is part of the HCRH while Westcliff Drive will be the main connection between the City and the HHST.

The City anticipates additional momentum to successfully obtain grants for construction to fill in existing gaps in the HHST connecting into the City. ODOT recently completed construction of the HHST through Mitchell Point, approximately 3 miles west of the City. Design work on the gap between the two is the next major milestone for the HHST. Planning efforts in and around the Project Area anticipate significant investment in infrastructure, parks and infill development. The Project will build upon these plans to coordinate State and local efforts while putting in place a local land use framework that will provide redevelopment direction along the HCRH through the Project Area.

Given the imminent arrival of the HHST and continued development pressure, there is a need to plan, finance and implement infrastructure in conjunction with completion of the HHST connection into the City. Recent local investments into the Urban Renewal Area have generated momentum for producing affordable housing within the Project Area. Past City planning efforts and current market conditions are leading to additional development pressure along the HCRH and thus leading to the need for transportation improvements that can support the desired increase in density. That momentum is limited by the current inability of Cascade Avenue to serve the redevelopment of the commercial corridor.

Development opportunities are limited for the City by an urban growth boundary with few opportunities for expansion, requiring the City to focus on inward growth. The limited supply of buildable lands constrains housing supply in a community like Hood River, with easy access to recreational opportunities and only an hour from an international airport. Continued demand for housing requires the City to grow upwards rather than outward and the City is targeting the Project Area for significant infill.

The Project will allow the City to plan for, rather than react to, the arrival of the HHST, while coordinating investments and regulatory reforms that facilitate redevelopment in support of housing production.

Project Objectives

Project must achieve the following objectives:

• Capitalize on the revitalization efforts of the HHST with the redevelopment of the Cascade Avenue mixed-use corridor through master planning and regulatory reform;

• Create safe facilities for the anticipated increase in bicycle and pedestrian traffic along the HCRH with an updated streetscape;

• Enhance the mixed-use redevelopment potential, economic vitality, safety, and historic gateway identity of the Project Corridor;

• Establish an adoption ready regulatory framework of clear and objective standards for development that creates Hood River’s urban gateway, supports, and is supported by, the redevelopment of the Historic Highway as a multimodal transportation corridor;

• Develop a conceptual plan for the Historic Highway including planning level cost estimates and phasing of improvements and implementation, as needed;

• Create an adoption ready document to amend City and County TSP that will provide development direction on the future of the HCRH and immediate corridor;

• Identify new integrated mixed-use housing and economic development opportunities along the corridor that implement the City’s housing needs and are supported by infrastructure investments at the federal, state, and local levels;

• Reduce development barriers through local investment in the City’s Urban Renewal area with regulatory reforms that are responsive to short term needs and the long-term consequences and opportunities in public and private sector investments;

• Increase sustainable and equitable access to open space amenities, housing, and businesses through directed investments to a redevelopment area that is currently served by auto oriented infrastructure and uses; and

• Reestablish the connection of the City to the Historic Highway through place making efforts that recover the rich and diverse history of the route and reimagines a historic resource that has been lost to auto centric development patterns over the past 50 years.

B. STANDARDS and GENERAL REQUIREMENTS

1. Standards

The standards, manuals, directives and other guidance applicable to Professional Services and Related Services are referenced below or available on Agency’s webpages linked below and are incorporated by this reference with the same force and effect as though fully set forth herein.

The standards, manuals, directives and other guidance listed below or available on Agency’s webpages are not exhaustive and may not include all applicable standards for a given Project. Consultant shall be responsible for determining all applicable practices and standards to be used in performing Professional Services and Related Services. Consultant shall inform and demonstrate to Agency if standards, directives or practices required by Agency in performance of the work are insufficient, in conflict with applicable standards, or otherwise create a problem for the design. Should the requirements of any reference, standard, manual or policy referenced in the PA or WOC conflict with another, Consultant shall, in writing, request Agency to resolve the conflict.

Unless otherwise specified in a given task, the most current version of applicable standards, manuals, directives and other procedural guidance shall apply. Unless otherwise specified, the system of measurement and language used in all deliverables must be English.

a. Planning, Survey, Preliminary Engineering and Design Manuals, Standards and Guidance:

• Technical Manuals - alphabetical list (https://www.oregon.gov/ODOT/Engineering/Pages/Manuals.aspx)

• Planning Guidance and Resources (https://www.oregon.gov/ODOT/Planning/Pages/Guidance.aspx)

• Planning Analysis (https://www.oregon.gov/ODOT/Planning/Pages/Technical-Tools.aspx)

• Geo-Environmental Guidance (https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/Guidance.aspx)

• Geometronics Resources & Guidance (https://www.oregon.gov/ODOT/ETA/Pages/OCRS.aspx)

• Surveying Manuals & Resources (https://www.oregon.gov/ODOT/ETA/Pages/Surveying.aspx)

• Bridge Standards & Manuals (https://www.oregon.gov/odot/bridge/pages/index.aspx)

• Engineering Guidance (https://www.oregon.gov/ODOT/Engineering/Pages/Eng-Guidance.aspx)

• Standard Drawings and Details (https://www.oregon.gov/ODOT/Engineering/Pages/Standards.aspx)

• Technical Guidance (https://www.oregon.gov/ODOT/Engineering/Pages/Technical-Guidance.aspx)

• Access Management Manual & Guidance (https://www.oregon.gov/odot/engineering/pages/access-management.aspx)

• Project Delivery Guide & Forms (https://www.oregon.gov/ODOT/ProjectDel/Pages/Project- Delivery-Guide.aspx)

• Oregon Standard Specifications for Construction (https://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx)

• ODOT Forms Library (https://www.oregon.gov/ODOT/Forms/Pages/default.aspx) https://www.oregon.gov/ODOT/Engineering/Pages/Manuals.aspx https://www.oregon.gov/ODOT/Planning/Pages/Guidance.aspx https://www.oregon.gov/ODOT/Planning/Pages/Technical-Tools.aspx https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/Guidance.aspx https://www.oregon.gov/ODOT/ETA/Pages/OCRS.aspx https://www.oregon.gov/ODOT/ETA/Pages/Surveying.aspx https://www.oregon.gov/odot/bridge/pages/index.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Eng-Guidance.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Standards.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Technical-Guidance.aspx https://www.oregon.gov/odot/engineering/pages/access-management.aspx https://www.oregon.gov/ODOT/ProjectDel/Pages/Project-Delivery-Guide.aspx https://www.oregon.gov/ODOT/ProjectDel/Pages/Project-Delivery-Guide.aspx https://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx https://www.oregon.gov/ODOT/Forms/Pages/default.aspx

• ADA Compliance – Assessment, Design, Inspection. When the Services under this WOC include assessment or design (or both) for curb ramps, sidewalks or pedestrian-activated signals (new, modifications or upgrades), Consultant shall:

a. Use ODOT standards to assess and ensure Project compliance with the Americans with Disabilities Act of 1990 (“ADA”), including ensuring that all sidewalks, curb ramps, and pedestrian-activated signals meet current ODOT Highway Design Manual standards; and

b. Follow ODOT’s processes for design, modification, upgrade, or construction of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form.

When the Services under this WOC include inspection of curb ramps, sidewalks or pedestrian-activated signals (new, modifications or upgrades), all such inspections shall include inspection for compliance with the standards and requirements in a. and b. above. Inspections must be performed by ODOT certified inspectors (which must include certified environmental inspectors when appropriate). In addition, at Project completion, Consultant shall complete the applicable ramp-specific ODOT Curb Ramp Inspection Form734-5020(A-G) for each curb ramp constructed, modified, upgraded, or improved as part of the Project. Each completed form must be submitted electronically by clicking the “Submit by E-mail” button on the form (and cc APM). The forms are documentation required to show that each curb ramp meets ODOT standards and is ADA compliant. ODOT’s fillable Curb Ramp Inspection Forms and instructions are available at the following address: https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx

Above references to curb ramps, sidewalks or pedestrian-activated signals also include, when applicable, shared use paths, transit stops, park-and-rides and on-street parking.

b. Website or Web Content Development and Maintenance Standards Consultant shall perform all required web-related Services in conformance with the ODOT Web Standards (available at: https://www.oregon.gov/ODOT/Pages/Web-Toolkit.aspx), which is incorporated into this PA with the same force and effect as though fully set forth herein. ODOT shall have ownership and control of Work Products developed by Consultant as set forth in the terms and conditions of the PA, Part II, Section 7 - Ownership of Work Product.

c. ODOT Communications Standards For any Consultant tasks that require communications functions on behalf of Agency, Consultant shall comply with the ODOT Communications Standards (available at:

https://www.oregon.gov/ODOT/Pages/Web-Toolkit.aspx) which is incorporated into this WOC with the same force and effect as though fully set forth herein.

2. Professional Licenses, Registrations and Qualifications Oregon Registered Professional Engineer

3. General Requirements

• Endorsement of Data. Consultant shall place their official Oregon Registered Engineer seal and signature on all engineering design drawings and specifications furnished to ODOT, as well as any other materials specified in ORS 671.025, 671.379, 672.020(2), 672.025(2), 672.028(2) and 672.605, as applicable, that require such seal and signature.

https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx https://www.oregon.gov/ODOT/Pages/Web-Toolkit.aspx https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oregon.gov%2FODOT%2FPages%2FWeb-Toolkit.aspx&data=02%7C01%7CTonya.Finley%40deainc.com%7Cb074711c18f946d67a0708d728238274%7C75fc6250a5034863ab0060c7035d49b2%7C0%7C1%7C637022005307774139&sdata=A55gK1SVl1ka0UzdEqQregcOEO81SJyWodN9V30CtGc%3D&reserved=0

• Electronic Documents, Digital Seal and Signature. If required under the WOC, Consultant shall use ODOT’s ProjectWise Network (see Exhibit L) for electronic submittal and receipt of files as necessary for the Project. All final documents identified in ORS 671.025, 671.379, 672.020(2), 672.025(2), 672.028(2) and 672.605, as applicable, must bear the digital seal and signature of the Oregon registered professional under whose supervision and control they were prepared.

Documents must be submitted in the format specified in the WOC for each deliverable and must comply with OAR 804-030, OAR 806-010, OAR 809-050 and OAR 820-025 requirements, as applicable, for digital seal and signature capable of independent verification, final and draft documents, modifications to designs, and dual stamping of documents.

• Safety Equipment. Consultant shall provide and use all safety equipment including (but not limited to) hard hats, safety vests and clothing if required by State and federal regulations and ODOT policies and procedures for the Services under the WOC.

• Personnel, Materials, and Equipment. Consultant shall provide competent personnel and shall furnish all supplies, equipment, tools, and incidentals required to accomplish the work. All equipment and tools must be in good operating condition and shall be kept in proper adjustment throughout the duration of the WOC. All materials and supplies must be of good quality and suitable for the assigned work.

• State Owned Assets. All State-owned assets, if any, in Consultant’s possession must be promptly returned to Agency when the Services are complete, when the WOC is terminated, or when requested by Agency, whichever occurs first.

• Legal Services and Fees. If Consultant uses legal services to support the Consultant’s performance of any Services under this WOC, that is a decision within the Consultant’s discretion; however, no charges for Consultant legal counsel or for legal services shall be charged to Agency as a subconsultant cost or other cost and any such costs or charges shall be paid for by the Consultant at the Consultant’s sole expense and at no cost to the Agency.

• General Requirements for Project Management City shall provide a project manager throughout the Project and other adequate staff to complete the Project in accordance with the anticipated timeline. APM, LAC (or alternate), and PM shall serve as the Project Management Team (“PMT”) and may invite others to participate.

City shall maintain effective communication and coordination between Agency and Consultant throughout the Project.

Consultant and City shall use, a project management application administered by ODOT, to store Project-related files, facilitate Project-related communications, and coordinate review of Project deliverables.

• General Requirements for Written and Graphic Deliverables All documents must be written concisely, in plain language, and use an easily understood format.

Where possible, Consultant shall present information in tabular or graphic format, with a simple and concise accompanying narrative. All documents must be readable and usable in non-colorized text.

Consultant shall write materials intended for the public, such as meeting presentations, at no higher than a high school grade level using the Flesch–Kincaid Grade Level Formula.

Written deliverables must include the Project name, a title that refers to the WOC deliverable, draft number, subtask number, and date of preparation.

• General Requirements for Final Deliverables Final recommendations, plans, and amendments must not include names and logos of Consultant, the Transportation and Growth Management (“TGM”) Program, ODOT, Oregon Department of Land Conservation and Development, or project codes. These items are only allowed on the acknowledgement page.

Final recommendations, plans, and amendments must 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 Highway Administration, local government, and the State of Oregon funds.

The contents of this document do not necessarily reflect views or policies of the State of Oregon.”

• General Requirements for Meetings and Public Events:

Meetings must be held in person, by video/virtual conference, by telephone, or any combination of the aforementioned, as determined by the APM.

Meetings may include, but are not limited to: kick-off, project coordination, committee and public meetings or work sessions.

“Arrange” meetings and public events includes but is not limited to: scheduling dates and times with participants, distribution of agendas and relevant materials in advance of the meeting or event, reserving a suitable location, placing advertisements in local media, and posting notices in public locations (such as City buildings and libraries). Unless otherwise stated within specific tasks, “arrange” includes attendance.

“Conduct” meetings and public events includes but is not limited to: preparing agendas and materials, making presentations, and facilitating discussion of relevant issues, and preparing summaries.

Public events include any public involvement or outreach opportunities but is not limited to: open houses, workshops, tabling, focus groups, small group or one-on-one briefings, interviews, and public meetings.

Public events must also include graphics such as poster boards, maps, or brochures as deemed appropriate by the PMT (e.g., PowerPoint or PDF if virtual). Consultant shall coordinate with City and APM to review and approve the format for public events.

Consultant shall prepare presentation materials for the Technical Advisory Committee (“TAC”) meetings. TAC meetings must utilize an agenda and visual presentation such as visually oriented, simple English handouts and poster boards (PowerPoint or PDF if virtual).

City shall ensure that all meetings are noticed and held in accordance with City standards and ORS Chapter 192 - Records, Public Reports and Meetings.

Meeting locations must be accessible by people with disabilities. Meeting notices must include an offer to make accommodations for people with disabilities with sufficient advance notice, and translation services upon request, with contact information for such notification.

• General Requirements for Civil/Traffic Analyses, Landscape and Land Use Planning Consultant, by and through an Oregon registered Professional Engineer (“PE”), shall perform or oversee all traffic analysis services. Final memoranda containing traffic analysis must be stamped by a PE with license being current and in good standing, with expertise in civil or traffic engineering.

• A Landscape Architect and a Land Use Planner shall conduct analysis appropriate for those disciplines.

• Intersection performance must be determined using the Highway Capacity Manual 7th Edition (published by the Transportation Research Board with manual calculations for signalized intersection Volume to Capacity (“V/C”). All traffic analysis software programs used must be consistent with Highway Capacity Manual procedures. The City Engineer may approve a different intersection analysis method prior to use when the different method can be justified for City intersections.

• Traffic analysis software must follow Highway Capacity Manual 7th Edition procedures.

Signalized intersection V/C ratios must be manually calculated. Traffic analysis must be consistent with ODOT’s Analysis Procedures Manual.

• Traffic analysis at non-State intersections must be compatible with Agency procedures and must follow standard engineering procedures and practices.

• Future build conditions (alternatives) must be consistent with City, County and Agency design standards. Alternative improvements may be proposed subject to the approval of the facility’s jurisdiction.

• Consultant shall submit all data and calculations to PMT and Agency for review and record-keeping. Consultant shall provide electronic file copies of analysis data. These written and electronic products must be in Agency and City compatible formats.

• Requirements for Public Involvement Public Involvement must allow residents and business owners of City and its environs an opportunity to provide input into the Project. City shall consider environmental justice issues, which is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

Fair Treatment means that no group of people, including a racial, ethnic, or a socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, and local programs and policies.

Meaningful Involvement means that: (1) potentially affected community residents have an appropriate opportunity to participate in decisions about a proposed activity that affects their environment or health; (2) the public's contribution can influence the regulatory agency's decision; (3) the concerns of all participants involved will be considered in the decision-making https://nap.nationalacademies.org/catalog/26432/highway-capacity-manual-7th-edition-a-guide-for-multimodal-mobility https://www.oregon.gov/odot/Planning/Pages/APM.aspx process; and (4) the decision makers seek out and facilitate the involvement of those potentially affected.

The public involvement must include, but is not limited to, specific steps to provide opportunities for participation by federal Title VI communities. City and Consultant shall utilize the ODOT Title VI (1964 Civil Rights Act) Plan guidance to identify Title VI populations, formulate public involvement strategies, and report outreach efforts to and participation by Title VI communities.

C. REVIEW, COMMENT and SCHEDULE OVERVIEW

• Consultant shall coordinate with City and Agency staff as necessary and shall revise deliverables to incorporate review comments. APM will determine what constitutes a “minor” or “major” edit.

Consultant is not required to make major revisions without an approved WOC amendment. This provision does not limit the right of Agency to require correction of deliverables that do not meet the standards and specifications outlined in this SOW.

• Unless otherwise specified in a given task, o Draft and Revised Deliverables Consultant shall provide a draft of written and graphic deliverables to the City and APM, in electronic format at least 15 business days prior to broader distribution to the TAC or public.

Consultant draft deliverables must be substantially complete, and any changes or revisions needed to address comments are expected to be minor.

City shall and APM will review the draft deliverables and submit 1 set of consolidated, non-conflicting written comments on draft materials from its reviewers to Consultant within 5 business days from the date a deliverable is received.

Based on comments received, Consultant shall return the revised deliverables to City and APM, with comments incorporated, within 5 business days of Consultant’s receipt of City’s and Agency’s comments, unless a different timeframe is approved in writing by APM.

o Final Deliverables City shall provide consolidated non-conflicting written comments of public and other reviewers to Consultant before preparation of final deliverables. If City cannot reconcile conflicting comments, APM will determine which comments will be kept.

o Materials for Meetings and Public Events Consultant shall provide a draft of materials (includes agendas and presentation materials) for meetings and public events to the City and APM in electronic format at least 10 business days prior to the associated meeting or event, unless another timeframe is approved in writing by APM. If changes are required, City shall and Agency will provide comments to Consultant within 5 business days following receipt of the materials. Consultant shall revise materials as directed prior to use and electronically transmit to City and APM at least 2 business days before the associated meeting or event. Consultant shall submit summary materials to City and APM within 10 business days following each meeting or event.

D. FORMAT REQUIREMENTS

• Consultant shall submit draft, revised, and final deliverables in electronic format via email (and hard copy if requested).

• Consultant shall also submit all graphic files accompanying reports separately in .jpg or .tif formats unless specified differently by Agency.

• Graphic deliverables must be in software compatible with AutoCAD, SketchUp, Adobe Illustrator, or Environmental Systems Research Institute, Inc. (“ESRI”) compatible Geographic Information Systems (“GIS”) software, as appropriate to the deliverable. All graphic deliverables must be well documented, with Project name, a title that corresponds to the WOC deliverable, draft number, a legend, and the date of preparation. Electronic versions of base and plan maps must be in color and display-sized maps must be printed in color when important to public comprehension. Color deliverables must be readable when reproduced in black and white and in a color-blind safe palette.

• Maps must include details necessary to ensure usability, such as city limits, Urban Growth Boundaries (“UGB”s), street names, relevant environmental and cultural features, legend, date, etc. Maps included in the final deliverables must be at a scale that is legible.

• Consultant shall provide GIS deliverables to City and APM. GIS deliverables must be in an ESRI-compatible format (shapefile or geodatabase) and use a spatial reference system must be consistent with ODOT GIS Data Unit Requirements.

• Each draft and final text-based or spreadsheet-based deliverable shall be provided in MS Office file formats (i.e., MS Word, Excel, etc.) and must be fully compatible with version used by Agency.

• Additional format requirements may be listed with specific tasks/deliverables in the SOW or in the PA.

E. TASKS, DELIVERABLES and SCHEDULE Unless the WOC is terminated or suspended, Consultant shall complete the Services included in this WOC and in accordance with the performance requirements and delivery schedules included in this WOC. For purposes of standardization, the task numbering in this SOW may be non-sequential.

Unless otherwise stated in a specific task or deliverable, “up to” in this SOW will be as determined or approved by APM if the quantity requires less than the specified maximum to meet the Project need.

Consultant understands that the City has significant tasks related to, and involvement with, the Project. As such Agency has entered into a separate Intergovernmental Agreement (“Project IGA”) with the City to provide services to the Project as described in this SOW that are not the responsibility of the Consultant. Information regarding the City deliverables and responsibilities is for informational purposes only.

For meeting requirements, including the defined meanings of “conduct” and “arrange”, refer to Section B, part 4, of this SOW, under General Requirements for Meetings.

For tasks or subtasks noted as [CITY TASK], Consultant has no tangible deliverables associated with these tasks.

The General Project Delivery Schedule is consolidated in a table at the end of Section E.

https://www.oregon.gov/geo/Pages/standards.aspx

TASK 1: PROJECT MANAGEMENT

1.1 Kickoff Meeting

City shall arrange and Consultant shall conduct a Kickoff Meeting in-person with Project Management Team (“PMT”) to review Project Objectives, and discuss tasks, meetings, milestones, and deliverables for the Project. The Kickoff Meeting must be held within 2 weeks following Agency’s issuance of the Notice To Proceed (“NTP”). Consultant shall provide an agenda at least 2 business days prior to the Kickoff Meeting and provide a meeting summary no later than 1 week following the Kickoff Meeting.

1.2 Project Tour

City shall arrange and conduct an in-person Project Tour with PMT and schedule it to occur in association with the Kickoff Meeting. The Project Tour must last no more than 2 hours and include an overview of key locations, existing development types, transportation facilities, and transportation issues within the Project Area. City shall coordinate the logistics of the Project Tour. Consultant shall provide a summary of the Project Tour no later than 1 week following the Project Tour.

1.3 PMT Meetings

Consultant shall arrange and conduct up to 18 meetings with PMT and other appropriate Agency, City, and County representatives, as applicable, both scheduled and as required to address a specific issue.

Meetings are anticipated to be 60 minutes long each. Dates and times of scheduled meetings will be determined by APM and City at the Kickoff Meeting. APM will provide notice of meeting cancellation as needed. Consultant shall arrange and provide a standard call-in number or meeting link. Consultant shall develop an agenda for each meeting and shall disseminate the agenda to PMT no later than the evening prior to each meeting. Consultant shall develop a meeting summary documenting discussion and decisions and outlining upcoming actions. Consultant shall distribute meeting summary to PMT no later than 2 days following each meeting.

1.4 Agency Coordination Working Group Meetings (”ACWG”) [CITY TASK] City shall arrange and conduct up to 4 meetings with appropriate agency partners including, but not limited to, City, County, State, and Interstate agency representatives, as applicable. ACWG meetings are to be held to coordinate on specific jurisdictional issues related to the Project. Meetings are anticipated to be 60 minutes long each. Dates and times of scheduled meetings will be determined by APM and City at the Kickoff Meeting. APM will provide notice of meeting cancellation as needed. City shall arrange and provide a standard call-in number or meeting link. City shall develop an agenda for each meeting and shall disseminate the agenda to PMT no later than the evening prior to each meeting. City shall develop a meeting summary documenting discussion and decisions and outlining upcoming actions. City shall distribute summary to PMT no later than 2 days following each meeting.

1.5 Work Session Briefings

City shall arrange and conduct, and Consultant shall attend, up to 4 City Council Work Sessions with the intent to present Project status, updates on deliverables, receive feedback, and gain buy-in from decision makers on Project direction. Consultant shall prepare presentation materials, and present on Project at key milestones as determined by the PMT. City shall provide meeting minutes to Consultant following City Council meeting minute standards.

1.6 Refined Project Schedule

Consultant shall prepare a Refined Project Schedule and deliver it to City and APM within 2 weeks after the Kickoff Meeting. City shall and APM will provide comments within 5 business days following receipt of Refined Project Schedule. Consultant shall make revisions afterwards to reflect discussion and comments. The Refined Project Schedule must conform to the General Project Delivery Schedule shown in Table 1, at the end of Section E. Where reasonable, Consultant shall schedule and perform tasks concurrently to minimize time. The Refined Project Schedule must identify dates for the meetings and public events. Consultant shall update the Refined Project Schedule up to 2 times, at APM’s request, and distribute the updated schedule to City and APM.

TASK 1 DELIVERABLES

City Deliverables 1.2a Project Tour logistics 1.4a ACWG Teleconferences (up to 4) meeting materials and summaries 1.5a Work Session Briefings logistics and summary

Consultant Deliverables

1.1 Kickoff Meeting materials and summary

1.2 Project Tour Summary

1.3 PMT Teleconferences (up to 18) meeting materials and summaries

1.5 Work Session Briefings, presentation materials (up to 4)

1.6 Refined Project Schedule with up to 2 updates

TASK 2: PUBLIC INVOLVEMENT AND OUTREACH

2.1 Project Webpage

City shall host and Consultant shall maintain a Project Webpage during the entire Project. Project Webpage must be part of the City Website. City shall be responsible for registration and hosting of the Project Webpage, as required by and subject to approval by PMT.

City shall provide Consultant login capability, in order to maintain the Project Webpage.Consultant Webpage maintenance may include,but is not limited to content creation, moderation, and Project related updates, documentation, graphics and maps. Project Webpage must be fully functioning and accessible 2 weeks following the Project Kick-Off Meeting and remain fully functioning and accessible for a minimum of 6 months following Project completion.

Project Webpage must include, at a minimum:

• Project deliverables: written deliverables and all maps and graphics in PDF or JPG format;

• an embedded translate tool;

• method to sign up for a Project notification list; and,

• meeting information (times, locations, agendas, summaries, and materials).

Project Webpage must be updated before and after meetings and at the end of Tasks. Any interactive features for public involvement must not require user registration.

2.3 Technical Advisory Committee (“TAC”) Roster [CITY TASK]

City shall establish and prepare a Committee Roster for the TAC who will provide technical and policy guidance throughout the Project.

TAC must include representatives of affected governmental agencies, including but not limited to:

a) City planning and public works/engineering representatives

b) County planning and public works/engineering representatives

c) Transit representative

d) Emergency departments representative

e) Oregon Department of Land Conservation Development– Regional Representative

f) ODOT Area Planner

g) ODOT Columbia River Gorge National Scenic Area Coordinator

h) ODOT Region Traffic representative

A single member may serve as the representative for multiple categories listed above. Other members may be invited to participate in individual meetings when a certain specialty is required or throughout the Project. City shall seek diverse representation of ages, ethnicities, abilities, and interests.

2.4 Urban Renewal Advisory Committee (“URAC”) and Planning Commission Meetings City shall arrange and conduct up to 4 meetings involving the URAC or Planning Commission throughout the Project to review materials and solicit input.

• Meeting #1 must review Task 3 deliverables

• Meeting #2 must review Task 4 deliverables

• Meeting #3 must review Task 5 deliverables

• Meeting #4 must review Task 7 deliverables

URAC meetings are expected to be in-person, with a virtual option for committee members, and are expected to be 2 hours, and must not exceed 3 hours. Consultant shall prepare presentation materials and Key Staff Persons must attend.

2.5 TAC Meetings

City shall arrange and Consultant shall conduct 4 TAC Meetings throughout the Project to review materials and solicit input.

• Meeting #1 must review Task 3 deliverables

• Meeting #2 must review Task 4 deliverables

• Meeting #3 must review Task 5 deliverables

• Meeting #4 must review Task 7 deliverables

TAC meetings are expected to be in-person, with a virtual option for committee members, and are expected to be 2 hours, and must not exceed 3 hours. Consultant Key Staff Personnel shall attend.

2.6 Historic Highway Advisory Committee Presentations

Consultant shall prepare presentation materials for and attend up to 2 Historic Highway Advisory Committee Meetings. Presentation materials must include an overview of Project process, status objectives, existing conditions and need, desired outcomes, and proposed solutions. Consultant Key Persons (see Section G) must attend.

2.7 Public Engagement Plan

Consultant shall prepare draft and final Public Engagement Plan detailing goals and strategies to gain input throughout the duration of Project.