00016017_2A-24_Sample WOC_Final.docx

Form C004-B122723R1

SAMPLE Work Order Contract

WORK ORDER CONTRACT #: (ORBuys PO #: )

PRICE AGREEMENT (“PA”) #: (ORBuys #: )

Project Name/Location: City of Astoria, Tongue Point Area Plan

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, except for Section 9., Indemnity, of Part II, which is replaced with the indemnification provisions set forth herein (See Section G of the Statement of Work and Delivery Schedule);

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

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.

Certified Small Business Aspirational Target (for State-only funded WOCs over $100,000, including as amended; see PA Exhibit K): N/A

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 the tax laws of this state and local taxes administered by DOR under ORS 305.620; and (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 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

STATEMENT of WORK and DELIVERY SCHEDULE for WOC # __________ under PA # __________

SOLICITATION NOTE: This Section contains a Sample Statement of Work. The selected Proposer shall use the Statement of Work (“SOW”) as a baseline document during WOC negotiations to develop a proposed Statement of Work which must identify all Work and Services described in the Mini-RFP and address all design considerations and requirements described for the Project. The selected Proposer shall add sufficient detail to Tasks and Deliverables that are included in the Services and omit any not needed for the Project. Items left highlighted in this baseline document will be negotiated or filled in at the time of WOC execution.

The following proposed work tasks, deliverables, and schedule will be refined during the negotiations process with the selected Proposer.

“Consultant” as used in this section refers to the apparent successful Proposer.

· Text highlighted in yellow provides instructions or guidance. Delete all highlighted instruction language prior to WOC execution.

· Areas with blue highlight will be negotiated and revised or deleted as necessary prior to WOC execution.

Once finalized and approved by ODOT, that document will become the SOW for the WOC for the Project.

TGM 2A-24

City of Astoria, Tongue Point Area Plan

PARTIES CONTACT INFORMATION

Name:

Address:

Phone:

Email:

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

______@odot.oregon.gov

Agency’s Contract Administrator (“CA”) for the WOC

Address:

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

______@_____.com

Alternate Contact for Consultant

City Contact (“City PM”) for the Project IGA

______@_____.com

Alternate Contact for City

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 CA for the WOC must be done by amendment. Any changes to the PM must be approved in writing (e-mail acceptable) by Agency. Consultant 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 planning project:

PROJECT PURPOSE AND OUTCOMES

The purpose of the anticipated WOC is to develop the Tongue Point Area Plan (“TPAP” or “Project”), a comprehensive land use and transportation plan aimed at supporting development and identifying transportation strategies for the City of Astoria (“City”) as they relate to the Project Area. The TPAP will address key transportation and land use challenges and opportunities within the Greater Tongue Point Area (“GTPA”)—a critical gateway into Astoria from US 30. As a primary entry point to the City, the GTPA is strategically positioned to support economic development, mixed housing, improved circulation and freight accessibility, and overall transportation safety and connectivity.

The GTPA includes a diverse mix of land uses, including maritime industrial businesses, educational institutions, and approximately 50% of the City’s remaining buildable residential land. The Project will focus on identifying improvements for multimodal access to facilitate workforce mobility and new housing development, while enhancing safety and traffic flow to and from US 30 and within the surrounding street network.

Transportation Related Outcomes:

TPAP should:

· Develop a long-range vision and implementation steps for transportation-related safety, operations, access, and connectivity within the GTPA, including identifying needs and developing solutions for a multi-modal network (e.g., safety at US 30 at Maritime Road, access to waterfront industrial, connectivity within GTPA, etc.).

· Prioritize multi-modal transportation policies, programs, and implementation steps to support a balance of mixed-use, residential, and industrial land uses (e.g., freight to industrial lands, bike/ped to residential, and GPTA to elsewhere in Astoria via a trolley extension, or riverfront path).

· Include strategies that aim to resolve street ownership inconsistencies and access and connectivity challenges within the GPTA in effort to guide long-term public and private investment.

Project’s planning-level conceptual designs must consider street geometry constraints, geo/environmental considerations, and operational, safety, and pavement deficiencies.

Land Use Related Outcomes:

TPAP should:

· Identify any land use designations including zoning and comprehensive plan designations needed to implement the vision, goals, and objectives as identified through Project.

· Identify steps to ensure parcels have legal, functional access relative to Project’s proposed redevelopment and infrastructure improvements.

· Develop strategies to resolve any identified, longstanding right-of-way uncertainties and title issues that would otherwise inhibit development.

· Evaluate infrastructure capacity, environmental constraints, and associated investment needs required to support viable residential development.

PROJECT AREA

The Project Area is located at the eastern entrance to the City, generally bounded by Liberty Lane to the south, Old Highway 30 to the southwest, and extending from the southern right-of-way of Highway 30 northward to include all land within this boundary. See Figure 1.

Figure 1

BACKGROUND

Historical Development and Land Ownership The GTPA has a unique history that sets the stage for its current access and land-use challenges. During World War II, the U.S. government controlled the Tongue Point peninsula, including the alignment of Old Highway 30. The Navy established a naval seaplane base on the site. In the 1970s and ’80s, the federal government began selling off portions of the former base to private entities without fully addressing long-term street access or ownership issues. As a result, the internal network of streets was left in federal ownership rather than turned over to the city or county, and only partial easements were granted to serve the new parcels. These easements did not guarantee public access to properties or assign maintenance responsibility for the streets, leaving an ambiguous situation once the Navy’s use wound down.

The former military housing areas (Emerald Heights and Blue Ridge) illustrate this legacy. They were built with streets and utilities during the war, but after the Navy’s departure the surrounding land was transferred while the streets themselves remained “federal property” rather than dedicated rights-of-way.

Right-of-Way and Access Challenges By the 1990s, the City and local stakeholders realized that the GTPA street system had extremely complicated ownership and right-of-way issues, which were blocking any significant redevelopment. Property owners discovered that there was effectively no legal public access to many of the Tongue Point sites. The only streets available were still under federal control or had unresolved title, a situation too risky for development.

For many years the City attempted to untangle this problem on its own, but conflicting deeds and unclear jurisdiction made progress difficult. In October 2018, the Astoria City Council directed staff to take the lead in formally resolving street ownership and access, recognizing that infrastructure grants would require clear public ownership of the access streets. The City secured a state grant in 2019 to hire a specialist attorney to investigate the chain-of-title for the area’s streets. This comprehensive title research confirmed a patchwork of overlapping jurisdiction: one segment of Old Highway 30 was still owned by the U.S. Department of Labor (part of the Job Corps campus), other segments had been abandoned by the state decades ago (intended to remain public streets but never formally dedicated), and parts of the remaining streets (such as Maritime Road and a “Tongue Point Access Road” near the south gate) were divided among multiple private owners.

Given this complexity, an interagency team (including the City, Clatsop County, ODOT, and federal stakeholders) agreed that the first priority should be to legalize Maritime Road and 54th Street, the 2 critical connectors from U.S. 30 into Tongue Point. At a July 2020 meeting, the City Council authorized hiring a surveyor and initiating the legal process to establish these segments as public right-of-way. Over the next year, the City completed surveys and title work for both streets. By November 2021, City staff had prepared the necessary findings and ordinances for City Council to formally dedicate 54th Street and Maritime Road as public streets. These actions effectively clarified ownership and access on the main approach streets, a crucial step that had been unresolved for over 70 years. The newly dedicated rights-of-way now allow the City to take responsibility for maintenance and improvements going forward, and they open the door for extending utilities and services to the Tongue Point properties.

Highway Realignment and Access Constraints Despite the progress on legal ownership, significant physical access challenges remain. In 2012, an ODOT project realigned U.S. Highway 30 at Mill Creek (just west of Tongue Point) and built a new bridge and culvert, which eliminated direct access into the Tongue Point waterfront industrial area. This realignment disconnected a short section of street that had previously functioned as a direct entry, leaving Tongue Point dependent on the internal “Old Highway 30” (US 30 at Maritime Road and US 30 at 54th Street) loop for access. This remaining route was not designed for heavy modern use: it zig-zags down a steep hill in a series of hairpin turns. Large trucks and trailers have great difficulty maneuvering these sharp curves, which has become a serious constraint for industrial tenants. Moreover, the old street is narrow, poorly paved, and runs through areas with active landslides and slope erosion.

In its current state, this street is not up to modern safety or load standards. Some freight carriers have resorted to using alternate back routes through the Tongue Point Job Corps Center property to avoid the tightest turns – a makeshift solution that highlights the need for a proper street alignment. Overall, the 2012 removal of direct access to US 30 and the aging condition of “Old Highway 30” have created a physical bottleneck for any large-scale activity within the GTPA.

Impacts on Industrial and Residential Development The lack of direct access to US 30 or access that more easily supports freight and large loads to and from the GTPA brings uncertainty and challenges for development that relies on freight and large loads. Industrial expansion has been constrained despite interest from maritime businesses. In particular, due to the above-mentioned uncertainty, lack of direct access to US 30, and roadway considerations (e.g., geometry, pavement conditions), companies cannot fully utilize the site. For example, a partnership of Hyak Marine and WCT Marine Construction has been developing a new shipyard facility, but they require more direct, accessible streets to extend utilities and accommodate heavy equipment and deliveries. Similarly, the U.S. Coast Guard and other maritime operators at the waterfront industrial land in GTPA face limits on bringing in large vessels and materials due to the road geometry.

On the residential side, approximately 25 acres of vacant high-density residential-zoned land in the GTPA remain untapped because of the access limitations, with no direct access to US 30, and poor connectivity within GTPA. These properties, in the Blue Ridge and Emerald Heights vicinity, account for a significant portion of Astoria’s buildable land for housing. The City’s recent Buildable Lands Inventory notes that Blue Ridge and an adjacent parcel were two of the largest opportunities for new housing. Yet without a more direct way to connect these sites to US 30, the land has sat idle even amid a local housing shortage. Some developers have placed their development proposals on hold until the aforementioned transportation issues are resolved.

The Blue Ridge site, a former Navy housing complex atop Tongue Point, exemplifies the unrealized potential. The area is crisscrossed with platted city streets and leftover building foundations, yet today it contains only a handful of occupied homes and numerous boarded-up, dilapidated structures. There is no direct public street connecting Blue Ridge to Highway 30 aside from an old driveway and the circuitous “Old Highway 30.” Attempts to secure an easement have failed. In effect, Blue Ridge has been in limbo for decades. Developers are eager to build new housing. One proposal in 2020 envisioned 120 apartments on nearby land. Development cannot proceed until a dependable public right-of-way is in place to serve these properties. Restoring functional access to Tongue Point will thus directly unlock these long-delayed residential investments as well as create new affordable workforce housing opportunities for the expanding industrial and educational uses in the area.

Current Initiatives and Regional Priority Several major initiatives are now converging in the Tongue Point area, underscoring the urgency of addressing access issues and modernizing infrastructure. These include:

· Blue Ridge/Eagle Point Housing Reuse: Clatsop County has committed over $100,000 in Environmental Protection Agency (“EPA”) Brownfield reuse planning funds to investigate development solutions for the Blue Ridge and Eagle Point housing sites, including utility assessments, geotechnical analysis, and site planning studies (August 2024). This effort is aimed at overcoming the infrastructure and environmental hurdles so that these ~25 acres can support new housing development once access is resolved.

· Hyak Marine Travel Lift Project: A private marine industrial investment was recently completed at North Tongue Point – Hyak Marine, in partnership with WCT Marine and Bergerson Construction, installing the world’s largest all-electric travel lift, a 1,500-ton capacity “giant boat mover,” to expand ship repair and vessel hauling capabilities. This new equipment (funded in part by a Connect Oregon grant) is driving the need to hire over 50 additional employees, immediately increasing demand for local workforce housing. It also heightens the importance of reliable freight access, as the heavy lift and the associated shipyard operations will require moving large vessels and components on street.

· Maritime Education Expansion: Clatsop Community College is seeking $4 million in matching funds to augment state funding for a state-of-the-art maritime bridge simulator at its Marine and Environmental Research and Training Station (“MERTS”) campus on Tongue Point. This facility will provide world-class training for ship pilots and crews (handling “all bridges” scenarios) and is expected to draw increased numbers of students and visiting trainees. The enhanced program will create greater transit and transportation needs in the area as student enrollment grows.

· U.S. Coast Guard Fast Response Cutter Homeport: The U.S. Coast Guard has invested roughly $35 million in major waterfront and shore-side improvements at East Tongue Point to establish a new homeport for its Sentinel-class Fast Response Cutters (“FRC”s), modern vessels central to regional maritime security and rescue operations. Phase I includes pier reconstruction, dredging, new floating docks, utilities, parking, and security upgrades—transforming the long-underutilized site into a modern operational hub. A second phase, now advancing through federal budgeting, is expected to add further dock, utility, and facility enhancements, positioning Tongue Point as a long-term strategic base for Coast Guard operations and reinforcing the area’s role as a cornerstone of maritime activity on the lower Columbia River.

These initiatives highlight that improving transportation access to and connectivity within the GTPA is both a local and regional priority. Advancing transportation access and infrastructure at Tongue Point has been called out in Astoria’s economic development strategies for at least three decades, and it has been identified as a priority by the state’s Regional Solutions Team in recent years.

Public and private investments totaling over $25 million are currently underway in the area (including the Connect Oregon investment in the Hyak Marine lift and significant upgrades at the MERTS campus), demonstrating a broad commitment to Tongue Point’s redevelopment. The need for action is also recognized in regional transportation planning: the TPAP project is listed on the priority project lists of the Governor’s Regional Solutions Team and the Northwest Area Commission on Transportation. All key stakeholders, including the City, Clatsop County, state and federal agencies, local businesses, and property owners, have reached consensus on moving forward with an area transportation plan.

Coordination with Clatsop County’s Technical Site Analysis Clatsop County, in partnership with the Columbia-Pacific Economic Development District (“COLPAC”), is currently advancing a technical site assessment of the Tongue Point area through an EPA-funded brownfield analysis initiated in 2024. This effort focuses on environmental conditions, geotechnical feasibility, utility infrastructure, and site development potential across key redevelopment parcels. Though the study remains underway, its findings are expected to inform critical aspects of land readiness and infrastructure investment, helping shape the conditions necessary to support future development in the area.

The TPAP and the County’s technical study are complementary efforts – one providing a vision for future land use and multimodal transportation, the other grounding that vision in physical site constraints and infrastructure realities. As preliminary results from the County-led analysis become available, they will be incorporated into the TPAP to ensure the plan reflects implementable strategies based on real-world conditions. This coordination will strengthen both efforts and promote a more unified approach to overcoming long-standing redevelopment challenges at Tongue Point.

PROJECT OBJECTIVES

Transportation Related Objectives TPAP must support safe, efficient, and connected multimodal transportation infrastructure, including:

· Identifying Safety and Operational Strategies for US Highway 30 at Maritime Road:

Identify safety and operational needs and develop prioritized solutions for this key entrance to the GTPA. Improvements at this intersection are critical to accommodate pedestrian activity, and freight and workforce traffic.

· Developing Solutions to Improve Industrial Access, Connectivity and Roadway Functionality:

Identify planning-level conceptual designs and improved street configurations, which consider the following: sharp turns, geologic instability, deteriorating pavement, and pedestrian and bicycle infrastructure to support all modes, including large vehicle and freight movement.

· Encouraging Active Transportation to and through the GTPA:

Identify policies, programs, and infrastructure improvements for people choosing to walk, cycle, or take transit that link the GTPA with the City’s core. For example, identify connections to the Astoria River Trail to provide a safe, low-stress transportation option.

· Creating Policy and Implementation Measures to support Major Employers and Educational Institutions:

Identify transportation deficiencies for, and solutions to support the expansion of, critical users in GTPA—including Hyak Marine, WCT Marine, Bergerson Construction, Clatsop Community College, and the U.S. Coast Guard. Identify and prioritize solutions to improve access and connectivity for employees, freight, students, and service providers.

· Resolving Ownership of Federal Street Segments:

Develop strategies for transitioning maintenance-deficient, non-City owned street segments to City ownership and control, enabling long-term stewardship and public investment.

Land Use Related Objectives The TPAP must support livable, mixed-use neighborhood development, including:

· Assessing the Feasibility of, and Providing Implementation Steps for, a New Live/Work Neighborhood and Affordable Workforce Housing:

Identify barriers (market, environmental/geological, transportation) to, and solutions for, land use that supports the establishment of a walkable, mixed-use district with diverse housing types, jobs, and services, as well as complimentary workforce housing sited within GTPA.

· Aligning with Development of Affordable Housing:

Develop policies, programs, and implementation steps that support the buildout of 25 acres of currently idle, high-density zoned residential land—nearly half of Astoria’s remaining urban land inventory—without requiring Urban Growth Boundary (“UGB”) expansion.

Project should advance land ownership, maintenance, and legal access solutions, including:

· Ensure Legal and Functional Access to All Parcels:

Identify parcels that do not have legal access or may have non-functional access relative to the Project’s proposed redevelopment and infrastructure improvements. Develop strategies to resolve these to-be-identified, longstanding right-of-way uncertainties and title issues that would otherwise inhibit development.

The TPAP content must support investment and encourage private development, including:

· Align with Current Public Investment:

Ensuring the TPAP supports and amplifies ongoing federal, state, and local investments, including the all-electric travel lift, EPA Brownfield planning, and maritime training expansion.

· Identify Strategies to Catalyze Market-Rate and Mixed-Income Development:

Providing certainty and planning tools that address access, zoning, and design issues that would otherwise prevent private sector-led housing, infrastructure, and industrial improvements.

GENERAL EXPECTATIONS

The Consultant shall oversee and guide the development of the TPAP in a manner that delivers long-term public value for the State of Oregon and the community of Astoria. All work must reflect the responsible and efficient use of public funds, while remaining responsive to the area’s complex access, ownership, environmental, and economic development conditions. The Consultant’s efforts shall be grounded in practical, actionable solutions tailored to the context of the site, consistent with the scope, timeline, and available budget.

Consultant shall:

· Deliver a Context-Sensitive Plan: Develop recommendations that reflect the unique transportation, industrial, residential, and ecological functions of the GTPA—both current and anticipated. The Plan must address long-standing access, jurisdictional, and infrastructure issues while enabling future housing and employment growth.

· Ensure Fiscal Stewardship: Avoid unnecessary or disproportionate expenditures, particularly those intended solely for aesthetic effect, and focus on cost-effective solutions that provide high value across the project’s life cycle.

· Lead a Coordinated and Timely Process: Proactively manage and facilitate all aspects of the project within the Consultant’s control to ensure efficient delivery on schedule and within budget. This includes coordinating with the City, Clatsop County, ODOT, and other stakeholders.

· Support Long-Term Affordability: Propose strategies that reduce up-front capital costs where possible while minimizing long-term maintenance and operational expenses for transportation infrastructure and associated public investments.

· Incorporate Sustainability and Resilience: Integrate principles of sustainable design consistent with the Oregon Sustainability Act (ORS 184.421–.423), including the use of recycled and recyclable materials when economically feasible, promotion of non-motorized and transit transportation, and support for climate-resilient infrastructure.

· Provide Economic Transparency: Regularly apprise ODOT and project partners of the cost implications and economic impacts of proposed planning decisions, including trade-offs and long-term effects on housing, freight mobility, and workforce access.

· Advance Equitable Outcomes: Ensure that the Plan prioritizes safety, mobility, and livability for all users—especially those who rely on walking, biking, or transit—while enhancing access for disadvantaged and underserved populations.

CITY PARTICIPATION

The City has significant responsibilities related to, and involvement with, the Project. As such Agency plans to enter 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 tasks, deliverables, and responsibilities is for informational purposes only.

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)

· 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)

· ODOT Forms Library (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 Form 734-5020(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. Software Requirements In addition to the software requirements set forth in the PA, the following shall apply to this WOC:

a. See Section D of this SOW; and

b. As otherwise stated within tasks or this WOC.

3. Professional Licenses, Registrations and Qualifications

a. Registered Professional Engineer (“PE”) (Civil or Traffic)

4. General Requirements The APM (or such other individual identified in specific tasks or as designated in writing to Consultant) is the primary contact on behalf of Agency for this Project.

To the extent possible, all transmittals from Consultant to Agency must include as applicable the Project name and the Project file code.

a. 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.

b. Electronic Documents, Digital Seal and Signature. If required under the WOC, Consultant shall use APM’s email 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.

c. 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.

d. 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.

e. 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.

f. General Requirements for Project Management City shall provide a project manager (“City PM”) throughout the Project and other adequate staff to complete the Project in accordance with the anticipated timeline. APM, City PM (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.

g. 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.

Any comments provided by City reviewers to Consultant must be consolidated and non-conflicting in nature. APM may act to facilitate a discussion of unresolved comments received from City and otherwise assist in reconciling conflicting comments.

Any GIS data sets created or updated by the Consultant for the Project must be provided to the City and APM.

Consultant shall provide written and electronic documentation for all assumptions, data, calculations, and results. This includes paper and computer files (i.e. spreadsheets and analysis software files).

Engineering documents must follow the Guidelines for Drafting Liability Neutral Transportation Engineering Documents and Communication Strategies.

h. General Requirements for Final Deliverables Consultant shall prepare final, adoption ready plans and amendments to plans as final policy statements of the local government and must not include language such as “it is recommended…” or “City should…” Consultant shall prepare new and amended code language as final, adoption ready regulatory statements of City. Final plan, plan amendments, code, and code amendments must include all necessary amendments or deletions to existing City plans or code to avoid conflicts and enable full integration of proposed plan with existing City documents.

Final 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 (“DLCD”), or project codes. These items are only allowed on the acknowledgements 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 State of Oregon funds.

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

i. General Requirements for Meetings and Public Events:

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

Consultant shall coordinate with City and APM to review and approve the format for meetings and public events.

“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. 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.

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.

j. General 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.

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.

k. General Requirements for Civil/Traffic Analyses Consultant, by and through an Oregon registered 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.

Intersection performance must be determined using the Highway Capacity Manual 7th Edition (“HCM”) [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 HCM 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 HCM procedures. Signalized intersection V/C ratios must be manually calculated. Traffic analysis must be consistent with Oregon’s Analysis Procedures Manual (“OAPM”), version 2 or most current version.

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 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 City PM 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.

5. Compliance with Applicable Law (in addition to those identified elsewhere in the PA.)

[RESERVED]

C. REVIEW, COMMENT and SCHEDULE OVERVIEW

1. Consultant shall coordinate with City and Agency staff as necessary and shall revise deliverables to incorporate review comments. APM will determine whether a revision resulting from the review comments requires a WOC Amendment. In such case, Consultant shall not proceed with such revision until a WOC amendment is approved and executed. 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.

2. Unless otherwise specified in a given task,

a. Draft and Revised Deliverables

i. 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 PMT City Project Advisory Committee (“PAC”) or public. Consultant draft deliverables must be substantially complete, and any changes or revisions needed to address comments are expected to be minor.

ii. 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.

iii. Based on comments received, Consultant shall return the revised…