00017142_RFP_Att B_Sample WOC_FINAL.docx

Form C004-B122723R2

SAMPLE Work Order Contract

WORK ORDER CONTRACT #: (ORBuys PO #: )

PRICE AGREEMENT (“PA”) #: (ORBuys #: ) Project Name: Human Services Coordinated Transportation Plan Assistance

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, K;

c. the attached Statement of Work and Delivery Schedule;

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

e. Attachment D - DBE Provisions (no goal)

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) all tax laws of this state, including but not limited to ORS 305.380(4), ORS 305.620 and ORS chapters 316, 317, and 318; 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:

ODOT (Procurement Authority)

Signature Print Name Date

STATEMENT of WORK and DELIVERY SCHEDULE for WOC # __________ under PA # __________ Project Name: Human Services Coordinated Transportation Plan Assistance

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.

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

Name:

Address:

Phone:

Email:

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

Address:

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

Agency’s Contract Administrator for the WOC

Alternate Contact for Consultant

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 ODOT Procurement Office. Changes to Agency's Contract Administrator for the WOC must be done by amendment. Any changes to Consultant’s Project Manager must be approved in writing (e-mail acceptable) by Agency. Consultant shall provide written notice (email acceptable) to Agency of any changes to Consultant’s other contacts for this WOC.

A. PROJECT DESCRIPTION and OVERVIEW of SERVICES Agency is contracting with Consultant for Services in connection with the following planning project (the “Project”):

Project Description

The Federal Transit Administration (“FTA”) and Agency, require recipients of FTA Section 5310 program funds, which focuses on providing services to older adults and individuals with disabilities, to engage in a coordinated planning process to broaden their engagement with services and members of key target populations, older adults, people with disabilities, and people with low incomes. Any projects submitted for funding through 5310 grant programs must be included in a Coordinated Plan, which must be updated every 5 years. As the Designated Recipient of federal funding, ODOT Is required to conduct a competitive selection process to determine use of the federal funds and to certify that applicant projects are derived from a Coordinated Plan.

Coordinated Plans are intended to focus regional resources on strategies with the greatest benefit to the target population and to encourage coordination between Transit Service Providers. Identifying critical needs, strategies to meet those critical needs, and the resources available to implement those strategies are all steps intended to create efficiencies, reduce redundancy, and guide targeted investments by public transportation agencies and their community partners that address these critical needs most effectively.

The Project includes the following planning goals:

1. Evaluation of the existing Coordinated Plan to identify any elements or guidelines not in conformance with C9070.1H-Circular-11-01-2024.pdf (2024), Enhanced Mobility of Seniors and Individuals with Disabilities Program Guidance/

2. Conduct public engagement activities necessary to understand the needs of older adults, individuals with disabilities and low-income individuals in the agency’s service area, including creating or updating current existing conditions and demographic analyses, interview guides, survey and other engagement tools.

3. Identify where and how existing services do not effectively respond to the needs identified through the public engagement activities.

4. Recommend strategies to meet the unmet needs of older adults, individuals with disabilities and low incomes and develop a prioritized list of strategies and projects for implementation.

5. Prepare cost estimates for each strategy and provide recommendations for which funding sources could be allocated to implement those projects based on the cost estimates and available funding.

6. Prepare technical assistance documentation to support the current and future Coordinated Plan updates as described in Task 2.

Overview

This SOW describes the tasks and deliverables necessary to draft a new version or update an existing Coordinated Plan for the transit agencies listed in Attachment B.

The Coordinated Plan must be coordinated and consistent with related transportation, human services, local jurisdictions and other related plans.

The Coordinated Plan must identify the target populations’ transportation needs, provide strategies to meet those needs, and prioritize transportation services, projects, investments, or other strategies. A Coordinated Plan must address short-, mid- and long-term strategies. The Transit Service Provider will use the Coordinated Plan to select the highest-priority strategies that match available resources and related timeframes. The Coordinated Plan is also intended to support ongoing coordination between regional transportation providers by documenting a clear and open planning process, identifying funding priorities, and identifying opportunities for ongoing and future partnerships.

The intent of the Coordinated Plan is to be a “living” document identifying needs and investment priorities. Recipients will use the Coordinated Plan to allocate funding, and along with local partners will use the plan to develop and enhance transit services. Since the plan must be updated every five years; it may be written in a way that can incorporate ongoing updates and revisions.

The Consultant shall develop and deliver a Coordinated Plan and supporting technical assistance documentation for use in subsequent updates by agencies to meet the planning goals and requirements for coordinated plans described above, utilizing the Final Work Plan developed and approved by Recipients and Lead Agencies, as described in Task 3 below. These documents must reflect that the majority of the Transit Service Providers developing plans under this scope primarily provide services to rural communities or tribal communities, or both. The Coordinated Plan must include, but is not limited to, the following components:

Existing Conditions. The Coordinated Plan must include descriptions of existing regional transportation services in order to identify best practices, underserved areas, and duplicated or redundant services.

Demographic and Socioeconomic Analysis. The Coordinated Plan must describe potential users of the regional public transportation system. Data must include, but is not limited to, historical and trends related to population density, age, disability status, and income. Coordinated Plans generally benefit from geographic analysis and maps to evaluate and summarize data, and to identify service opportunities and effective transportation alternatives. Maps are an effective means of sharing data during the public involvement process.

Information About Transportation Services. The Coordinated Plan must include origins and destinations, transit service hours of operation, service area boundaries, travel time standards, fares, program costs, asset inventories, and other operating characteristics. The Coordinated Plan must also address coordination activities and funding sources. The Coordinated Plan typically includes all transportation types, including, but not limited to fixed routes, demand response, dial-a-ride, shuttles and volunteer programs. The Coordinated Plan may also include non-traditional public transportation providers and support programs, such as travel training, voucher and other transit pass programs, and transportation brokers.

Stakeholder Involvement. The Coordinated Plan must include community member involvement. It is important for engaging the appropriate organizations and individuals in planning efforts and is critical in identifying the needs of the target populations, the public transportation resources, and strategies. Who is involved in the plan, and how people are engaged is up to the Recipient or Lead Agency. The guidance documents provide examples of possible participants, such as social service organizations, municipalities and counties, and hospitals. Community member involvement occurs throughout the planning process and may include 1-on-1 meetings, workshops, and presentations at regular meetings or events. Surveys may also provide pertinent information to the Coordinated Plan.

Transportation Needs Assessment. The Coordinated Plan must document transportation needs, opportunities, and challenges for the target populations based on the community member engagement. Identifying unmet needs typically includes comparing transit markets to available transit service. The results are opportunities to create or enhance service efficiencies to serve target populations. These opportunities may be related to capital needs (e.g., vehicles and facilities), operations (where transit service is provided, to whom, and when), administration and coordination between partners.

Identifying transportation needs is intended to be a broad assessment and not include specific delegation of responsibility, costs, or strategies to specific organizations. Transportation needs may be greater than historically available resources. Having a full assessment of transportation needs beyond known resources will help understand long- and short-term transportation requirements and prepare participants to respond flexibly to changing funding conditions. The Transportation Needs Assessment will benefit from robust public involvement that encourages varied perspectives and ideas about regional mobility.

Prioritized Transportation Strategies. The Recipient and community members should identify the strategies to address the transportation needs identified in the Transportation Needs Assessment requirement above. The Coordinated Plan must identify and document capital, operations, administrative and coordination strategies. The transportation strategies may vary by geographic subarea, or subpopulations depending on transportation markets, available transportation services, and activity centers. Examples include enhanced transit services, technology, interregional coordination, marketing, travel training, employer vanpools, voucher programs, or volunteer driver services.

The transportation strategies must be prioritized (e.g. high, medium, and low priority) and organized by timeframe (e.g., short-, mid- and long-term). Available funding can change before and during the 2-year funding cycle. Therefore, Recipients typically document greater needs in their prioritized list than is typically available for funding. If more funding becomes available, the Recipient can then identify the highest-priority and achievable investments to which to apply the resources. The prioritization process must be documented in the Coordinated Plan.

Cost and Funding Analysis. In order to prepare agencies to apply for funding to implement the transportation strategies above, Consultant will work with the agency to develop a general cost estimate for each strategy or project. In cases where a transportation strategy is scalable based on available funding, such as vehicle or hardware purchases, the cost estimates must reflect per unit pricing to allow for flexibility in implementation. For each strategy, the consultant will also conduct an analysis of what other funding sources could be used in combination with 5310 funding to fund the strategy, considering match rates and other funding requirements.

Several documents, listed below, provide guidance about how to conduct and prepare a Coordinated Plan. The Lead Agency and the Consultant may refer to these resources, and other best practices to develop the Final Work Plan as described in Task 3, and other elements of the Coordinated Plan.

· FTA Circular 9070.1H Enhanced Mobility for Seniors and Individuals with Disabilities Program Guidance and Application Instructions (2024)

· Public Transportation Division State Management Plan (2024)

· Coordinated Plan Template (Attachment A)

Agency Responsibilities

· Schedule and coordinate the Kick-off and Regional meetings.

· Coordinate the edits and revisions of the Work Plans and Coordinated Plans with Lead Agencies and Consultant.

Definitions and Acronyms

DEFINITIONS

ACRONYMS

B. STANDARDS and GENERAL REQUIREMENTS The standards and general requirements applicable to this WOC are stated in the parent PA. In addition to those stated in the PA, the following shall apply to this WOC:

1. Standards The coordinated plan will address the Plan Elements in Attachment A, and follow in the same order.

2. General Requirements To the extent possible, all transmittals from Consultant to Agency must include as applicable the Contract#, WOC#, Project name.

3. Compliance with Applicable Law

· Utilize guidelines set forth in Oregon’s Special Transportation Fund Guidebook;

· Verify federal requirements set forth in C9070.1H-Circular-11-01-2024.pdf (2024) Enhanced Mobility Of Seniors and Individuals with Disabilities Program Guidance.

C. REVIEW, COMMENT and SCHEDULE OVERVIEW

· Consultant shall coordinate with Agency staff as necessary and shall revise draft deliverables to incorporate Agency draft review comments.

· Consultant shall incorporate comments within 14 business days from receipt by Agency and return the Final to Agency staff, unless a different timeframe is specified for specific tasks or otherwise agreed to in writing by Agency.

D. FORMAT REQUIREMENTS

· Consultant shall submit draft 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.

· 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.

· Consultant shall submit an accounting of tasks and deliverables completed for each Lead Agency in a single file which shall include all report headings and the requested information per Deliverable on a monthly basis to ODOT for review.

E. TASKS, DELIVERABLES and SCHEDULE Unless the WOC is terminated or suspended, Consultant shall complete all tasks and provide all deliverables (collectively, 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.

Task 1 – Kick-off Meeting Consultant shall attend a Kick-off meeting in Salem to cover Project logistics and introductions of the parties. The Kick-off meeting will be arranged by Agency and is estimated to be 4 hours in duration.

Deliverables: There are no tangible deliverables for this task.

Task 2 - Technical Resource Development

Consultant shall work with Lead Agency to develop templates for each of the following activities in support of the coordinated planning process:

(1) Community Planning Session. A Lead Agency may choose to conduct a local planning session with a diverse group of community members in their service area. This session would be intended to identify needs based on personal and professional experience and strategies to address the needs, as well as to set priorities based on time, resources, and feasibility for implementation. This process can be done in 1 meeting or over several sessions with the same group. It is often helpful to identify a facilitator to lead this process. Also, to leverage limited resources and to ensure broad exposure, this could be conducted in cooperation or coordination with the applicable metropolitan or statewide planning process.

(2) Focus Groups. A Lead Agency could choose to conduct a series of focus groups within their service area that provides opportunity for greater input from a greater number of representatives, including transportation agencies, human service providers, and passengers. This information can be used to inform the needs analysis in their service area. Focus groups also create an opportunity to begin an ongoing dialogue with community representatives on key issues, strategies, and plans for implementation.

(3) Survey. The Lead Agency may choose to conduct a survey to evaluate the unmet transportation needs within a group of interest and available resources. Surveys can be conducted through mail, email, or in-person interviews. Survey design should consider sampling, data collection strategies, analysis, and projected return rates. Surveys should be designed taking into account accessibility considerations, including alternative formats, access to the Internet, literacy levels, and limited English proficiency.

(4) Detailed Study and Analysis. A Lead Agency may decide to conduct a complex analysis using inventories, interviews, GIS mapping, and other types of research strategies.

Deliverables: Consultant shall provide templates to Agency and Lead Agency, as determined by Agency, and within 60 days of Agency request.

Task 3 - Work Plan for the Lead Agency

3.1 Draft Work Plan

Consultant shall develop and prepare a Draft Work Plan that clearly identifies all required elements in the Coordinated Plan as described in Section A. Consultant shall revise the Draft Work Plan as needed to clarify and communicate work steps with Agency and Lead Agency. The Draft Work Plan must detail the activities, deliverables, and schedule that support each element. Additionally, the Draft Work Plan must describe the process for community member review and comment leading up to approval of the final Coordinated Plan by any Recipients.

Consultant shall attend and participate in a meeting via phone conference or in person, to be determined by Agency, to present the Draft Work Plan. Each meeting, up to 16 total, will be at least 1 hour, but no more than 3 hours, in duration.

Deliverable:

Consultant shall email a Draft Work Plan to Agency and Lead Agency within 14 days of Agency request.

3.2 Final Work Plan

Consultant shall revise the Draft Work Plan and create a Final Work Plan to clarify and communicate work steps based on feedback provided by Agency and Lead Agency. Agency and Lead Agencies will approve the Final Work Plan prior to Consultant starting work on the Coordinated Plan.

Deliverable:

Consultant shall provide a Final Work Plan electronically to Agency, Lead Agency and Recipients within 14 days of revision for final approval by Agency.

Task 4 - Coordinated Plan for the Lead Agency Task 4 will implement the Final Work Plan completed in Task 3 and will commence upon Agency Task 4 NTP. In-person or phone conferences may be necessary for reviewing and development of the Coordinated Plan and to complete this Task 4. Consultant shall:

· Draft Memo #1 describing the Existing Conditions enumerated in Section A of this SOW.

· Draft Memo #2 summarizing the methods used to engage community members and the feedback received from the community member engagement.

· Draft Memo #3 summarizing existing Transportation Needs and Prioritized Transportation Strategies to address unmet Transportation Needs based on Existing Conditions enumerated in Section A of this SOW.

· Develop a Draft Coordinated Plan to meet the planning goals and requirements described above, and as specified by Agency and Lead Agency.

· Draft a Final Coordinated Plan incorporating any edits and revisions provided by Agency and Lead Agency.

Deliverables:

Consultant shall provide the following to Agency:

· Draft Memo #1 within 30 days of the Task 4 NTP.

· Draft Memo #2 within 30 days of Agency acceptance of Memo #1.

· Draft Memo #3 within 90 days of Agency acceptance of Memo #2.

· Draft Coordinated Plan within 180 days of Task 4 NTP.

· Final Coordinated Plan within 360 days of Task 4 NTP.

E.1 PROJECT TIMELINE FORECAST

Timelines provided in this section are estimates only and are subject to change at Agency discretion.

F. CONTINGENCY TASKS – [RESERVED]

G. ADDITIONAL PROVISIONS FOR WOCs

1. Project Cooperation.

All Project Cooperation provisions, as detailed in Attachment 1 to PA Exhibit F, shall apply to this WOC.

2. Key Persons.

All Key Persons provisions, as detailed in Attachment 1 to PA Exhibit F, shall apply to this WOC. Consultant acknowledges and agrees that Agency selected Consultant and is entering into the WOC because of the special qualifications of Consultant’s key personnel. In particular, Agency, through the WOC is engaging the expertise, experience, judgment and personal attention of the following Key Persons:

In the event Consultant requests that Agency approve a re-assignment or transfer of a Key Person:

· Consultant shall provide a resume for the proposed substitute demonstrating that the proposed replacement has qualifications that are equal to or better than the qualifications of the person being replaced.

· Agency shall have the right to interview, review the qualifications of, and approve or disapprove the proposed replacement(s) for the Key Person.

· Any substitute or replacement for a Key Person must be approved in writing (email acceptable) and shall be deemed to be a Key Person under the WOC.

Consultant agrees that the time/costs associated with the transfer of knowledge and information for a Key Person replacement is not a cost borne by Agency and shall not be billed to Agency. This includes labor hours spent reviewing Project and Services documentation, participation in meetings with personnel associated with the WOC/Project/Services, and participating in site visits to become familiar with the Project.

3. Staffing Adjustments.

During the term of the WOC, Consultant may make necessary staffing/classification adjustments (other than Key Personnel) to the proposed staff/classifications as shown in Consultant’s BOC provided:

· the alternate staff/classifications are appropriately qualified to complete the assigned tasks,

· the billing rate for an alternate staff/classification does not exceed the classification billing rate maximum listed in the firm’s approved ESR or NBR on file with Agency (see limitations in Exhibit B, Part 2, section J – Specific Limitations and Unallowable Charges), and

· the Services can be completed without exceeding WOC (or task, if applicable) NTE amount(s).

Agency reserves the right to require Consultant to provide notice to APM prior to implementing needed changes to staffing assignments.

The budget shown for each task is the best estimate at time of WOC (and Amendment, if applicable) execution. However, as work under the WOC progresses it may dictate that more funding be applied to some tasks and less to others. Consultant shall identify task budget refinements (within the limits of the not-to-exceed amount established for this WOC) on a monthly basis as part of the invoicing and status report.

4. Liquidated and Delinquent Debt Owed to State.

In the event Consultant has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State, Agency may:

i) Undertake collection by administrative offset, or garnishment if applicable, of all monies due for Services and Deliverables to recover liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State. Offsets or garnishment may be initiated after Consultant has been given notice if required by law;

ii) Terminate the WOC, in whole or in part, immediately upon written notice to Consultant or at such later date as Agency may establish in such notice; or

iii) Pursue any or all of the remedies available under the PA, at law, or in equity.

These remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever, to the extent the remedies are not inconsistent.

5. Pay Equity Compliance

· Discriminatory Wage Rates. As required by ORS 279C.520, Consultant must comply with ORS 652.220 and shall not unlawfully discriminate against any of Consultant’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, veteran status, disability, or age. Consultant’s compliance with this section constitutes a material element of the WOC and a failure to comply constitutes a breach that entitles Agency to terminate the WOC and the PA for cause.

· Employee Discussions Regarding Compensation. As required by ORS 279C.520, Consultant may not prohibit any of its employees from discussing the employee’s rate of wage, salary, benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person.

H. COMPENSATION

The method(s) of compensation and payment option(s) selected below (and as specified for any Contingency Tasks in the table in Section F) are incorporated from Exhibit B to the PA. For additional detail and requirements regarding compensation methods, payment options, or Agency’s right to withhold retainage, see PA - Exhibit B, Compensation. No compensation is provided to Consultant for negotiations, preparing or revising cost estimate for Services, or negotiating contracts with subcontractors.

H.1 Non-Contingency Tasks The method(s) of compensation for non-contingency tasks in this WOC is:

|_| Cost-Plus-Fixed-Fee with not-to-exceed (“CPFF”) see Section H.3 |_| Fixed Price (includes all labor costs, indirect cost rate, profit, travel and other expenses) |_| Fixed Price (including all expenses except travel). Approved travel expenses will be reimbursed at the rates provided in PA Exhibit B, Section B (Travel) up to the Travel NTE Amount identified in Section H.4, Compensation Summary Table) |_| Fixed Price Per Deliverable (includes all labor costs, indirect cost rate, profit, travel and other expenses) |_| Fixed Price per Milestone for all non-contingency Services (includes all labor costs, indirect cost rate, profit, travel and other expenses) Fixed Price Per Deliverable/Milestone Table

|_| Fixed Price per _other__ [Describe alternate method of fixed price compensation.] |_| Time and Materials with Not-To-Exceed (“T&M”) |_| Price Per Unit Price Per Unit detail is provided in the following table:

Price Per Unit Table

Total NTE (Enter this amount in section H.4, Line 5 of the Compensation Summary Table):

Mixed Method of Compensation The methods of compensation for non-contingency tasks in this WOC are:

· CPFF for the following tasks: __________________________

· Fixed Price for the following tasks: ______________________

· T&M for the following tasks: _________________________

· Cost reimbursement for allowable travel expenses. The NTE amount for travel expenses is entered in section H.4, Compensation Summary Table

· Price Per Unit detail is provided in the above Price Per Unit Table.

The dollar amount(s) for non-contingency tasks is entered in Section H.4, Compensation Summary Table.

H.2 Payment Options (Except for Fixed Fee on CPFF WOCs - see H.3).

The payment option for the Services in the attached SOW is:

|_| Monthly Progress Payments for acceptable and verifiable progress (For costs on CPFF or T&M);

|_| Monthly progress payments for percentage of Services completed (For Fixed Price);

|_| Payment upon Milestone, Deliverable or other Unit completion;

|_| Single Payment for Full Completion of Services.

H.3 Fixed Fee (for CPFF).

The total Fixed Fee amount is entered in section H.4, Compensation Summary Table, line 2.

The Method for Payment of Fixed Fee is:

|_| Partial Payments – the Fixed-Fee will be paid incrementally for completed deliverables or milestones. Identify milestones and dollar amounts in the following table:

|_| Progress Payments – the Fixed-Fee will be paid for accepted and verified progress based on an estimated percentage of completion of the Services and deliverables required under the WOC.

|_| Single Payment (Lump Sum) - the Fixed-Fee will be one payment following completion and Agency acceptance of all required Services and deliverables.

|_| Other – (Describe alternate method of fixed fee payment here.)

H.4 Total WOC NTE Amount

Compensation Summary Table

Amount

6. Total Non-Contingency Amount (line 15 of BOC Summary tab):

7. Total for Contingency Tasks (if any) per Section F above:

TOTAL NTE (line 6 plus line 7) This amount includes all direct and indirect costs, profit, Fixed Fee amount (if any) and contingency task costs (if any).

H.5 Invoices Invoices must be in conformance with the ODOT Invoice Requirements and any other PA requirements. The Invoice Requirements is available on the Internet at:

https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

Consultant shall submit invoices electronically via email to Region1ContractInvoices@odot.oregon.gov and APM.

H.6 Subcontractors “Paid Summary Report” Consultant shall complete and submit to APM initial, interim and final Paid Summary Reports - form 734-2882 (https://www.oregon.gov/ODOT/Forms/2ODOT/2882.pdf) per the instructions on the form. Consultant must report payment information for all subcontractors and suppliers used under the WOC throughout the period of performance. This reporting is required for all projects that include subs, regardless of funding source or whether or not a DBE goal or Certified Small Business Aspirational Target is assigned.

ATTACHMENT A

Coordinated Plan Template

Area defined in the coordinated plan Title of Coordinated Plan Insert the years the Coordinated Plan covers.

Name of Lead Agency For more information about this plan please contact NAME, TITLE at PHONE or EMAIL Funding for the development of this plan was provided by

TABLE OF CONTENTS

Contents

Executive Summary This plan is the Public Transit-Human Services Transportation Plan for [INSERT THE NAME(S) OF COUNTY, COUNTIES or REGION]. [THE PLAN WAS INITIALLY DEVEOPED IN [YEAR] AND UPDATED IN [YEAR]. This plan fulfills the requirements of the Federal Transit Administration (FTA) under the Fixing America’s Surface Transportation (FAST) Act, signed into law as a reauthorization of surface transportation programs through Fiscal Year 2020. According to requirements of the FAST Act, locally developed coordinated public transit-human services transportation plans must be updated to reflect the changes established by the FAST Act legislation. The FAST Act applies new programs and rules for all Fiscal Year 2016 funds and authorizes transit programs for five (5) years.

Transportation is a critical component of the communities in [INSERT THE NAME(S) OF COUNTY, COUNTIES or REGION]. Transportation provides access to jobs, education, health care, human services and allows all community members, including older adults and people with disabilities, to live independently and engage in community life. It is the purpose of this plan for local stakeholders to work collaboratively to do the following activities:

1. Identify all community resources including

PROVIDE SHORT LIST OF RESOURCES THAT ARE IDENTIFIED IN THE PLAN.

2. Identify and Prioritize community transportation needs

PROVIDE SHORT LIST OF IDENTIFIED NEEDS IN ORDER OF PRIORITY.

3. Establish a clear plan for achieving shared goals

PROVIDE A SUMMARY OF YOUR PLAN TO ACHIEVE SHARED GOALS.

Fundamental to the Coordinated Transportation Plan process is the active and meaningful involvement of stakeholders. For projects selected for funding under the Section 5310 program, participation in planning activities must include participation and/or representation of the following, at minimum:

· Seniors;

· Individuals with disabilities;

· People with low incomes;

· Public, private and non-profit transportation providers;

· Human services providers, and;

· The general public.

· [ADD ANY ADDITIONAL GROUPS TARGETTED FOR OUTREACH HERE]

In order to ensure participation from the above groups the following stakeholder involvement activities were performed

LIST STAKEHOLDER INVOLVEMENT ACTIVITIES

This plan was developed and adopted by a planning committee (change the name if your planning committee has a formal name). More information about the planning committee can be found in Appendix A.

I. Geographic Area [Insert narrative about geographic area here.] Map 1: Basic map of the geographic area covered by the plan Map 2: Major trip generators in the geographic area

II. Population Demographics [Insert narrative about population demographics here.] Chart 1: Total Population Current and Projected for Five Years Chart 2: Total Population by Age Group Chart 3: Total Population by Race Chart 4: Number and percentage of people with disabilities Chart 5: Number and percentage of households with incomes below the federal poverty level Chart 6: Number and percentage of individuals with incomes below the federal poverty level Chart 7: Percent of population that speak English “Less than very well”

III. Assessment of Available Services Conducting an evaluation of service provider capabilities and analyzing the existing gaps and duplications of services for transportation resources in each community, provides transportation planners with the information needed to implement changes that will improve the network of transportation resources and services in [each] county and across county lines.

The lead agency identified stakeholders to participate in the assessment of available services. These stakeholders included those who were represented in the current or past planning committees, as well as others who the planning committee identified as being appropriate stakeholders.

Interviews were conducted with each of the identified stakeholders.

The purpose of the interview was to offer the stakeholders an opportunity to discuss the specific transportation services, gaps, needs, and priorities for their respective service areas or communities.

When applicable, information reported in the previous coordinated plan was used to supplement information gathered during this planning effort.

Inventory of Transportation Providers Include in this section a list of all participating transportation providers. Descriptions of transportation providers should include organizations that subsidize transportation at the local level, administer transportation or mobility programs, directly operate vehicles, and/or arrange transportation on behalf of an individual.

Existing Transportation Services The following information is based on tabulations from the survey and interview results. A total of [#] organizations provided information about their services.

List of Transportation Service Providers Agency Name:

Transportation Service Type:

Other Services Provided:

Contact Information:

Hours:

Service Area:

Eligibility Requirements:

Web-site:

The table below provides a summary of the characteristics of the participating transportation providers and organizations that purchase transportation on behalf of consumers.

Table [#]: Organizational Characteristics

* Answering “Yes” indicates that your agency is closed door. Your agency is considered closed door if you ONLY provide transportation to your facility as a courtesy or if you ONLY serve a particular clientele that are enrolled in your agency programs (i.e. members of a sheltered workshop, or residents in a nursing home). Answering “No” indicates that your agency is open door. This means the service is open to the public or a segment of the general public defined by age, disability, or low income. For example, if an agency provides general transportation for anyone in the community who is over the age of 60, they are considered “open door”. For example, an individual who is 60 or over can request transportation to a doctor’s appointment or the grocery store regardless of their affiliation with your agency.

The participating organizations provide a wide range of transportation including [FIXED ROUTE, ADA PARATRANSIT, DEMAND RESPONSE, ON-DEMAND, AND HUMAN SERVICE AGENCY FIXED ROUTES]. [#] of the participating organizations provide services on weekdays. [#] operate transportation on Saturdays and [#] on Sundays. Evening services after [TIME OF DAY] are operated by [#] organizations. The following table depicts the transportation service characteristics by agency.

Table [#]: Transportation Service Characteristics

Agency Name

Mode of Service

Days & Hours of Operation

Transportation-related expenses and revenues also differ by organization. [INSERT APPROPRIATE RESOURCES] are common revenue sources for transportation operators in [COUNTY OR REGION NAME]. The table below provides a summary of expenses and revenues for public and non-profit transportation programs.

Table [#]: Transportation-Related Expenses and Revenues

Fare Structure

Donations Accepted (Y/N)

Number of…