City Auditor - City Recorder - Council Ordinance - 176392 ODOT Transportation Growth Mgmt Killingsworth grant contract

City of Portland, Station Access Street Improvements Project: N Killingsworth Street and Albina/Mississippi Station

THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as “ODOT”, and City of Portland, hereinafter referred to as “City”.

1. The Transportation and Growth Management Program, hereinafter referred to as the “TGM Program”, is a joint program of ODOT and the Oregon Department of Land Conservation and Development.

2. The TGM Program includes a program of grants for local governments for planning projects. The objectives of these projects are to better integrate transportation and land use planning and develop new ways to manage growth in order to achieve compact, pedestrian, bicycle, and transit friendly urban development.

3. This TGM grant is financed with federal Transportation Equity Act for the 21^st Century (TEA-21) funds. State General funds are used as match for TEA-21 funds.

4. By authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies to perform any functions and activities that the parties to the agreement, or their officers or agents have the duty or authority to perform.

5. The City has been awarded a TGM grant which is conditional upon the execution of this agreement.

NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows:

1. The beginning date of this agreement is that date on which all parties have signed. The termination date of this agreement is June 30, 2003.

2. The project is described in Exhibit A attached hereto and by this reference made a part hereof.

3. The total project cost is the sum of qualified costs incurred by the City and the personal services contractor(s) for this project.

4. The grant amount is the sum of the City's amount (defined below) and the personal services contract amount (defined below) payable by ODOT. The grant amount shall not exceed $163,702.

5. The City's amount is the maximum amount payable by ODOT to City for the project and shall not exceed $83,702.

6. The personal services contract amount is the amount payable by ODOT to a personal services contractor(s) and is equal to the total amount payable for all deliverables described in Exhibit A for which the personal services contractor(s) is identified as responsible. The personal services contract amount is $80,000.

7. City's matching amount is the maximum amount of matching funds which the City is required to expend to fund the project and is 10.27% of the total project cost, or up to $18,736.

8. Qualified costs are direct project costs, including matching amounts, incurred by the City and personal services contractor(s) during the term of this agreement.

9. Direct project costs are costs which are directly associated with the project. These may include the salaries and benefits of personnel assigned to the project and the cost of supplies, postage, travel, and printing. General administrative costs, capital costs, and overhead are not direct project costs. Any jurisdiction or Metropolitan Planning Organization that has federally approved indirect cost plans may treat such indirect costs as direct project costs.

1. City shall perform the work and provide the deliverables described in Exhibit A, for which City is identified in Exhibit A as being responsible.

2. City shall be responsible for any nonqualifying costs associated with the work described in Exhibit A and any costs above the City amount.

3. City shall perform the work identified in Exhibit A as City's responsibility under this agreement as an independent contractor. City shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform any work identified in Exhibit A as City's responsibility and for providing for employment-related benefits and deductions that are required by law, including, but not limited to, federal and state income tax withholdings, unemployment taxes, workers’ compensation coverage, and contributions to any retirement system.

City shall be responsible, to the extent permitted by the Oregon Tort Claims Act, ORS 30.260-30.300, only for the acts, omissions or negligence of its own officers, employees or agents.

4. City shall present cost reports, reimbursement requests, progress reports, and deliverables to ODOT’s Contract Administrator no less than every other month. City shall not submit requests for payment that exceed the City's amount. Generally accepted accounting principles and definitions of ORS 294.311 shall be applied to clearly document verifiable costs that are incurred.

5. City agrees to cooperate with ODOT’s Contract Administrator. At the request of ODOT’s Contract Administrator, City agrees to:

b. Form a project steering committee (which shall include ODOT’s Contract Administrator) to oversee the project.

6. City shall maintain all fiscal records relating to this agreement in accordance with generally accepted accounting principles. In addition, City shall maintain any other records pertinent to this agreement in such a manner as to clearly document City’s performance. City acknowledges and agrees that ODOT and the Oregon Secretary of State’s Office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans, and writings of City that are pertinent to this agreement to perform examinations and audits and make copies, excerpts and transcripts.

7. City shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of three (3) years, or such longer period as may be required by applicable law, following final payment and termination of this agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this agreement, whichever date is later.

8. City shall not enter into any subcontracts to accomplish work described in Exhibit A, unless written approval is first obtained from ODOT.

9. If ODOT engages a personal services contractor(s) to accomplish work described in Exhibit A, City shall:

a. Provide ODOT’s Contract Administrator with the opportunity to participate in the personal services contractor selection;

b. Select personal services contractor(s) in accord with ODOT procedures, and advise ODOT of City’s recommendation;

c. Provide ODOT’s Contract Administrator with the opportunity to review and approve personal services contractor’s work, billings and progress reports; and

i. be City’s principal contact person for ODOT’s Contract Administrator and the personal services contractor for the project;

iii. review and approve bills and deliverables (work products) produced and submitted by the personal services contractor; and

iv. advise ODOT’s Contract Administrator regarding payments to the personal services contractor.

10. City acknowledges and agrees that City shall not be reimbursed for, and shall not request reimbursement for, project costs or expenses related to this agreement which are incurred prior to the execution of this agreement.

11. All project work products of City that result from this agreement are the exclusive property of ODOT. ODOT and City intend that such work products be deemed “work made for hire” of which ODOT shall be deemed the author. If, for any reason, the work products are not deemed “work made for hire”, City hereby irrevocably assigns to ODOT all of its rights, title, and interest in and to any and all of the work products, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. City shall execute such further documents and instruments as ODOT may reasonably request in order to fully vest such rights in ODOT.

City forever waives any and all rights relating to the work products, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.

ODOT hereby grants to City a royalty free, non-exclusive license to reproduce any work products for distribution upon request to members of the public.

12. City shall ensure that any work products produced pursuant to this agreement include the following statement:

This project is partially funded by a grant from the Transportation and Growth Management (TGM) Program, a joint program of the Oregon Department of Transportation and the Oregon Department of Land Conservation and Development. This TGM grant is financed, in part, by federal Transportation Equity Act for the 21^st Century (TEA-21), local government, and the State of Oregon funds.

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

13. City shall submit two hard copies of all final products produced in accordance with this agreement to ODOT’s Contract Administrator, unless otherwise specified in Exhibit A. City shall also submit to ODOT’s Contract Administrator all final products produced in electronic form using generally available word processing or graphics programs for personal computers via e-mail or on IBM-compatible 3.5” computer diskettes. The Oregon Department of Land Conservation and Development may display appropriate products on it “home page”.

14. City shall submit to ODOT’s Contract Administrator all payment claims within 45 days after the termination date of this agreement.

15. Within 45 days after the termination date of this agreement, City shall provide, in a format provided by ODOT, a completion report. The report shall contain:

a. A summary of qualified costs incurred for the project, including reimbursable costs and matching amount;

16. Within 45 days after the termination date of this agreement, City shall pay to ODOT the matching amount less previously reported qualifying matching amount. ODOT shall use any funds paid to it under this paragraph to substitute for an equal amount of federal TEA-21 funds used for the project or use as matching funds.

17. City shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320, and 279.555, as amended from time-to-time, which are incorporated by reference herein.

18. Without limiting the generality of the foregoing, City expressly agrees to comply with:

d. All regulations and administrative rules established pursuant to the foregoing laws; and,

e. All other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

19. All employers, including Grantee, that employ subject workers who work under this agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless such employers are exempt under ORS 656.126. Grantee shall ensure that each of its subcontractors complies with these requirements.

b. City has full legal right and authority to execute and deliver this agreement and to observe and perform its duties, covenants, obligations and agreements hereunder and to undertake and complete the project;

c. the agreement has been authorized pursuant to its official action that has been adopted and authorized in accordance with applicable state law;

d. the agreement is duly authorized and executed and delivered by an authorized officer(s) of City and constitutes its legal, valid and binding obligations enforceable in accordance with its terms;

e. the authorization, execution and delivery of the agreement by it, the observation and performance of its duties, covenants, obligations and agreements hereunder, and the undertaking and completion of the project do not and will not contravene any existing law, rule or regulation or any existing order, injunction, judgement, or decree of any court or governmental or administrative agency, authority or person having jurisdiction over it or its property or assets; and,

f. the statement of work attached to this agreement as Exhibit A has been approved by ODOT’s Contract Administrator.

1. ODOT shall reimburse City for qualified costs for work described in Exhibit A, up to the City's amount.

2. ODOT shall make interim payments within 45 days of satisfactory completion (as determined by City’s project manager and ODOT’s Contract Administrator) of deliverables identified as being the City’s responsibility in the approved statement of work, described in Exhibit A. Subject to the 10% withholding described in paragraph 3, below, the amount of the interim payment for a deliverable will be the qualified costs in the payment request. The balance due to City under this paragraph shall be payable within 45 days of ODOT’s Contract Administrator’s approval of the completion report described in paragraph 15 of City Representations, Warranties, and Covenants.

3. Further, ODOT reserves the right to withhold payment equal to 10% of the total project amount until all work required hereunder (and under any personal services contract(s) related to the project) is completed and accepted by the ODOT’s Contract Administrator.

4. ODOT shall limit reimbursement of travel expenses in accordance with current State of Oregon Accounting Manual, General Travel Rules, effective on the date the expenses are incurred.

5. ODOT certifies that, at the time this agreement is executed, sufficient funds are authorized and available for expenditure to finance ODOT’s portion of this agreement within the appropriation or limitation of its current biennial budget.

6. ODOT will provide City the statements of proposal for the City's project that meet the minimum requirements of the Request for Proposals, advertised by the Transportation Growth Management Program for this project.

7. ODOT will assign a Contract Administrator for this agreement who will be ODOT’s principal contact person regarding administration of this agreement.

8. If ODOT engages a personal services contractor(s) to perform the work described in Exhibit A, it agrees to pay personal service contractor(s) the personal services contract amount, subject to the terms and conditions of the applicable personal services contract(s).

9. If ODOT engages a personal service contractor(s) to complete work described in Exhibit A, ODOT’s Contract Administrator shall:

a. At his/her discretion, participate in selection of a personal services contractor(s), monitor personal services contractor’s work, review and approve personal services contractor billings and progress reports; and

1. Budget modifications and major adjustments from the work described in Exhibit A must be processed as an amendment to this agreement and personal services contract(s).

2. This agreement may be terminated by mutual written consent of all parties. ODOT may terminate this agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT under, but not limited to, any of the following conditions:

a. Failing to complete work specified in Exhibit A within the time specified in this agreement, including any extensions thereof, or failing to perform any of the provisions of this agreement and City does not correct any such failure within 10 days of receipt of written notice or the date specified by ODOT in such written notice.

b. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or ODOT is prohibited from paying for such work from the planned funding source.

c. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided for in this agreement.

Any termination of this agreement shall not prejudice any right or obligations accrued to the parties prior to termination.

3. As federal funds are involved in this grant, Exhibits B and C are attached hereto and by this reference made a part of this agreement and are hereby certified to by City’s representatives.

4. Except as otherwise expressly provided in this agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid, to ODOT or City at the address or number set forth on the signature page of this agreement, or to such other addresses or numbers as either party may hereafter indicate pursuant to this section. Any communication or notice so addressed and mailed is in effect five (5) days after the date postmarked. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against ODOT, such facsimile transmission must be confirmed by telephone notice to ODOT’s Contract Administrator. Any communication or notice by personal delivery shall be deemed to be given when actually delivered.

5. This agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, “Claim”) between ODOT (and/or any other agency or department of the State of Oregon) and City that arise from or relates to this agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon.

6. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by all parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of ODOT to enforce any provision of this agreement shall not constitute a waiver by ODOT of that or any other provision.

The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission.

On January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy Director for Highways, Executive Deputy Director for Central Services, Deputy Director for OTIA, and the Chief of Staff to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program, other system plans approved by the Commission such as the Traffic Safety Performance Plan, or in a line item in the approved biennial budget.

Project Team- City Staff involved in project, Contractor Team, and TGM Grant Manager

This statement of work describes the responsibilities of all entities involved in this cooperative project. In this Contract the Contractor shall only be responsible for those deliverables assigned to the Contractor. All work assigned to other entities are not bound by this Contract, but shall be bound by separate Intergovernmental Agreements which contain the same statement of work found in this Contract. The references to all parties in this statement of work other than the Contractor are merely for informational purposes and are in no way binding, nor are they parties to this contract. Any tasks or deliverables assigned to a sub-contractor shall be construed as being the responsibility of the Contractor.

Any Contractor tasks or deliverables which are contingent upon receiving information, resources, assistance, or cooperation in any way from another entity as described in this statement of work shall be subject to the following guidelines:

1. At the first sign of non-cooperation, the Contractor shall provide written notice (email acceptable) to Agency Contract Administrator of any deliverables that may be delayed due to lack of cooperation by other entities referenced in the statement of work.

2. Agency Contract Administrator shall contact the non-cooperative entity/s to discuss the matter and attempt to correct the problem and/or expedite items determined to be delaying the Contractor/project.

If Contractor has followed the notification process described in item 1, and delinquency of any deliverable is found to be a result of the failure of other referenced entities to provide information, resources, assistance, or cooperation, as described in the statement of work, the Contractor will not be found in breach of contract. The Agency Contract Administrator will negotiate with Contractor in the best interest of the State, and may amend the delivery schedule to allow for delinquencies beyond the control of the Contractor.

Key Personnel. Contractor acknowledges and agrees that Agency selected Contractor, and is entering into this Contract, because of the special qualifications of Contractor's key people. In particular, Agency through this Contract is engaging the expertise, experience, judgment, and personal attention of , ("Key Personnel"). Contractor's Key Personnel shall not delegate performance of the management powers and responsibilities he/she is required to provide under this Contract to another (other) Contractor employee(s) without first obtaining the written consent (email acceptable) of Agency. Further, Contractor shall not re-assign or transfer a Key Person to other duties or positions such that a Key Person is no longer available to provide Agency with his/her expertise, experience, judgment, and personal attention, without first obtaining Agency's prior written consent to such re-assignment or transfer. In the event Contractor requests that Agency approve a re-assignment or transfer of a Key Person, Agency shall have the right to interview, review the qualifications of, and approve or disapprove the proposed replacement(s) for the a Key Person. Any approved substitute or replacement for a Key Person shall be deemed a Key Person under this contract.

The Station Access Street Improvements Project will prepare streetscape concept plans for N/NE Killingsworth Main Street and for N. Russell, N. Mississippi, and N. Albina streets leading to the Albina/Mississippi MAX Station. This project will create a public investment strategy for these streets in order to improve connections between Interstate MAX, the surrounding communities and major destinations such as Portland Community College (PCC) Cascade, Adidas, Emanuel Hospital and the Urban League of Portland. Improving these connections will also help bridge the perceived divide caused by the I-5 freeway.

The Interstate MAX Station Revitalization Strategy Transportation and Growth Management (TGM) project resulted in development strategies for five light rail stations along the Interstate MAX line: Overlook, Prescott, Killingsworth, Portland Blvd, and Lombard. This TGM funded project has been highly successful at eliciting community participation in shaping a vision for each station community, a vision that is now poised to be implemented.

Today, the Albina Community Plan vision for a light rail alignment on N. Interstate Avenue is being implemented. Metro has completed the Final Environmental Impact Statement (FEIS) and Tri-Met has begun construction for the 5.6 mile Interstate MAX extension from the Rose Quarter Transit Center to the Expo Center. The Interstate Max Project implements a key action item of the Albina Community Plan and serves as a catalyst for positive changes in neighborhood livability, accessibility, and economic development. The light rail is scheduled to open in 2004, so planning for improvements that can occur before the light rail opens will maximize light rail benefit in the community.

The Interstate Corridor Urban Renewal Area (URA), which includes Interstate Avenue and both the Killingsworth and Albina Mississippi project areas, was established in August 2000. The URA uses the Albina Community Plan as its underlying framework. Tax increment financing through urban renewal is anticipated to be a major funding source for a broad range of community revitalization projects and programs, including public infrastructure investments and transit-oriented development.

An outcome of the Station Revitalization Project was the recommendation to develop N/NE Killingsworth as a Main Street (east and west of the Interstate/Killingsworth MAX Station) and the need to complete a strategy for N. Russell and the streets surrounding the Albina/Mississippi MAX Station.

• Plans to improve bus transit, pedestrian, and bicycle access to establish stronger connections between MAX stations and major destinations. These plans shall include designation of routes, identification of needed improvements, identification of promotional Transportation Demand Management (TDM) strategies to support the use of alternative modes, and implementation strategies.

The Albina Community Plan, completed in 1993 and updated in 2000, seeks to improve the quality of life for its residents. The Albina Community Plan identified the light rail line along N. Interstate Avenue as a major transportation infrastructure improvement.

In anticipation of a future light rail line to North Portland, the Albina Community Plan updated the comprehensive plan designations along the N. Interstate corridor to encourage transit-supportive development. Many of the Albina Community Plan objectives are advanced by the addition of light rail. The community, understanding the benefits light rail brings to a community, identified action items in the Albina Community Plan that address ancillary elements to light rail including improving pedestrian, bicycle and transit connections to the light rail line.

In order to accomplish the communities' directive put forth through the Albina Community Plan, the Station Access Street Improvements Project seeks to further address the Albina Community Plan’s objectives as they relate to North Interstate Avenue and the addition of light rail. Specific objectives include:

• Create a pedestrian-friendly community by improving traffic and pedestrian safety in the neighborhoods and establishing pedestrian districts in areas of high-pedestrian usage, such as commercial centers.

• Develop a convenient system of bicycle routes within the district that also links the Albina Community to the rest of Portland.

• Concentrate new residential developments and commercial investment near transit corridors.

• Reduce reliance upon the single-occupancy automobile. Encourage the use of carpools and alternative modes of transportation.

The construction of Interstate MAX provides an opportunity to link major employment centers, local businesses and neighborhood residents to light rail. The existing infrastructure is auto oriented and contains barriers to access this new major transit investment. Sidewalks accessing the light rail transit (LRT) stations and bus stops are also not fully Americans with Disabilities Act (ADA) compliant and need to be redesigned to improve access for those using wheelchairs and other mobility devices.

The two project areas contain major employers and institutions that would benefit from improved access to the light rail stations. Light rail can deliver many employees, students, and customers to institutions and businesses. Pedestrian access, however, is unattractive and the freeway crossing is perceived as a divide and a disincentive to many people who would otherwise use light rail. N Killingsworth and N Russell provide important east-west access across the I-5 Freeway but are not safe or comfortable for pedestrians and bicyclists due to their auto orientation.

Killingsworth Street has long served as the commercial center for the Humboldt neighborhood and once carried a streetcar line. The average daily traffic volume is 12,274 vehicles. The project area is part of the Killingsworth Pedestrian District. Killingsworth Street is designated as a major transit street and is a district collector.

Project work along Killingsworth will be part of a broader economic development planning process conducted concurrently by the Portland Development Commission (PDC). This broader economic development strategy will focus on the revitalization of the business district along the Killingsworth main street and will work in concert with the streetscape improvements developed in this Station Access Street Improvements TGM project. N Killingsworth Street has been repeatedly identified as a central east-west connector across the I-5 freeway, across N/NE Portland, and across the Interstate Corridor Urban Renewal District. Community based urban renewal and revitalization activities have also identified Killingsworth as a location to target in preventing the displacement of local businesses.

On the west end of the project area , the light rail station at N Interstate and N Killingsworth will see new higher-density transit oriented development that is guided by the community’s vision as set forth in the Interstate Station Revitalization TGM project, and the Albina Community Plan. As a result of the TGM project, PDC is actively pursuing the development of mixed use projects at both the NE and SE corners of Killingsworth and Interstate. Ideas for these developments include housing, commercial, retail, and the expansion of Interstate Firehouse Cultural Center community facilities.

To the east of I-5, Killingsworth is home to Jefferson High School, Portland Community College (PCC) Cascade Campus, N Portland Library, the Salvation Army Computer Training Center, as well as a small, locally owned business district with some thriving businesses and some struggling businesses. These institutions can expand their capacity to serve local residents if they are better linked to each other, both physically and programmatically. The combination of a continuous streetscape treatment and a redevelopment strategy could help realize this potential.

The Humboldt Target Area (Target Area) will be a key partner in both the streetscape planning efforts and broader Urban renewal strategy for Killingsworth. The Target Area focuses on revitalization efforts along Killingsworth and Albina Avenues in Northeast Portland. The Target Area coordinator works with neighborhood residents and business owners on projects to enhance and improve the Humboldt neighborhood. Currently the Target Area is working on a project called the "Heart of Humboldt," which will emphasize the educational and cultural center of Albina.

A core element of the “Heart of Humboldt” project has been a visioning process for a decorative design to border the Jefferson High School sports field along Killingsworth. The Albina Community Plan also includes sidewalk improvements such as curb extensions, street trees and pedestrian plazas along Killingsworth. This project will build upon this effort and help bring their project elements to completion.

PCC has received $57 million to expand its Cascade Campus. The Cascade Vision Plan calls for an expansion of the campus along Killingsworth. New construction is planned to include an advanced technology and skill center, a classroom and arts facility with an auditorium, a physical education center, and other instructional facilities. New campus buildings are planned to emphasize the main street character of Killingsworth. This is a prime opportunity to include transportation issues in their expansion plans, i.e. pedestrians, bikes, parking, street improvements, and neighborhood impact mitigation.

East of the project area, Tri-Met has designated the intersection of Killingsworth Street and Martin Luther King Jr. Boulevard as a transit hub with enhanced information for riders. This project provides the opportunity to engage the transit agency in planning for the transit hub as well as the bus stops along Killingsworth Street that are served by line #72.

West of the project area, Adidas is building its new North American headquarters near Killingsworth and Greeley. Adidas can be engaged through this process in planning for moving their employees to and from work.

Russell Street once served as the main street for the old city of Albina, linking the rail yard and the main commercial hub at the intersection of Russell Street and Williams Avenue. The construction of I-5 and the expansion of the Emanuel Hospital campus led to the removal of most of the commercial buildings east of I-5 and contributed to the decline of the corridor as a commercial hub. It currently carries an average daily volume of 4991 vehicles and is designated as a traffic access route and a central city walkway.

The Albina/Mississippi station area was not included in the Interstate MAX Station Area Revitalization TGM project. Most of the project area is also part of the Interstate Corridor Urban Renewal Area and the tax increment financing available through urban renewal may help to fund community revitalization projects and programs. Legacy Emanuel Hospital is currently undergoing an expansion to its campus. The community is interested in planning improvements to the station area that will maximize the benefits of light rail. This project provides the opportunity to use street improvements to provide a pedestrian friendly connection between the expanded campus of the Hospital, the Eliot neighborhood and the new Albina/Mississippi light rail station when the light rail line opens in 2004.

Emanuel Hospital/Red Cross does not have its own commercial center. By providing an attractive streetscape, new businesses and services could be encouraged to locate along Russell Street.

Tri-Met will be carrying out streetscape improvements to the east side of N Mississippi Avenue and the west side of N Albina Avenue between N Interstate Avenue and N Russell Street as part of the construction of the Albina/Mississippi MAX station. This project will complete those improvements by developing concept plans for the opposite sidewalk on Mississippi and Albina Avenues and connecting them with improvements on Russell Street.

Tri-Met is also in the early stages of discussing a proposal to re-route bus line #33 to travel along Russell St and provide a direct transit link between Emanuel Hospital and the Mississippi/Albina MAX station. Any planned improvements may include provision of bus facilities in the ROW.

The construction of the Lower Albina overcrossing at N Interstate Avenue and N Tillamook Street, due to be completed in June of 2002, will result in pedestrian access to the industrial sanctuary to the west of the railroad tracks being restricted to N Russell Street and the overcrossing itself.

The Interstate Corridor Urban Renewal Advisory Committee and Working Groups form the core stakeholder groups to guide the use of urban renewal funds, including the use of urban renewal funds to provide financial support, where needed, for transit oriented development and street improvements. The Interstate Urban Renewal Advisory Committee and Working Groups will be a resource for this process and will review the resulting plan from this project.

The Station Revitalization Strategy project established a strong community based public process, including over 350 community stakeholders who attended a Station Community Tour and contributed to Station Area Work Groups to develop station redevelopment concepts. Participants in this process will be recruited to join advisory groups specific to Killingsworth Street and Albina/Mississippi Station.

A Technical Advisory Committee (TAC) will also be formed, with representation from agencies interested in the outcome of this project. Project staff will participate as a work team to develop technical recommendations. Members will include Portland Development Commission, the Portland Bureau of Planning (BOP), and Tri-Met.

Bicycle Transportation Alliance, City of Portland (City) Pedestrian and Bicycle Citizens Advisory Committee (CAC)

This project focuses on two key opportunity areas along the Interstate MAX light rail line: the Killingsworth Main Street and the streets adjacent to the Albina/Mississippi light rail station. The project areas focus on the specific Rights of Way that will be included in the streetscape design concepts. A larger Study Area will be included for each project to incorporate businesses and institutions that are connected to the Project Areas but are not contained within them.

The Killingsworth project area is the Killingsworth Street ROW between the light rail station at N Interstate Avenue on the west and N Williams Avenue to the east. This section of Killingsworth has been repeatedly identified as a community priority for street improvements and redevelopment. The Project may also include intersection improvements at Killingsworth/Greeley and Killingsworth/Denver.

The Killingsworth Study Area will include Killingsworth from N Greeley to NE Martin Luther King Jr. Blvd.

Local streets perpendicular to Killingsworth between Emerson and Jessup will also be included in the Killingsworth Project area to identify opportunities to improve access to Killingsworth from adjacent neighborhoods.

The Albina/Mississippi Station project area is the ROW of N Russell Street between N Interstate Avenue and N Williams Avenue and the ROW of N Mississippi Avenue and Albina Avenue between N Interstate Avenue and N Russell Street. N Russell Street is the primary east-west corridor in the Lower Albina Area and provides a connection under I-5 from the light rail station at Albina/Mississippi to the major employment center at Legacy Emanuel Hospital and services at the Urban League of Portland. Mississippi and Albina Avenues provide immediate connections between the station, businesses and residences in the district. The lower Russell Street area includes an historic conservation district.

N Graham Street, N Williams Avenue, N Tillamook Street, the Willamette River and the Fremont Bridge ramps bound the Albina/Mississippi Project Area. This area includes the Emanuel Hospital Campus, the Harriet Tubman Middle School and the Lower Albina Industrial Sanctuary. This project will also identify opportunities to improve access to the MAX station from surrounding destinations.

• The project shall implement the Albina Community Plan’s vision by preparing streetscape design plans for the major streets in the Lower Albina/Mississippi Station Area and a main street design for N Killingsworth.

• This project shall incorporate goals and strategies from the Station Area Revitalization TGM project and other existing plans such as the Albina Community Plan, the Central City Plan, the Lower Albina Conservation District and the Interstate Corridor Urban Renewal Plan. Strategies will be developed that support existing local businesses and institutions and strengthen their connection to Interstate Max light rail.

• Project recommendations shall be consistent with the Transportation System Plan (TSP) and Regional Transportation Plan (RTP) performance standards, functional classifications for all modes, and street design classifications.

• The project shall go though a public process to identify the character of each project area and develop streetscape design concepts to support identified character.

• Project recommendations shall support retention of existing businesses, institutions, and residents.

The Stations Access Street Improvements project shall achieve these objectives by taking the following steps:

• Define priority access routes for pedestrian and bicycle travel, and any needed improvements along those routes.

• Develop Streetscape design solutions to create an attractive pedestrian environment and encourage transit supportive development.

• Develop Transportation Demand Management (TDM) strategies to encourage transit use by employees and customers of institutions and community businesses.

• Create Streetscape Design Plan for Killingsworth from Interstate to Williams, with consideration of linkages from Interstate Ave. to Killingsworth east of I-5, including pedestrian, bicycle, and parking improvements.

• Develop plans for connecting large institutional uses such as PCC, Jefferson High School, and Adidas to the light rail station.

• Create public space for shared use between institutions and business district to attract activity.

• Coordinate street improvements with development planning occurring along Killingsworth through the PCC expansion, Adidas and urban renewal.

• Define street improvements that provide increased access to transit and safety and attractiveness for pedestrians, including lighting, street furniture, landscaping, pavement types, curb cuts on local streets, and transit amenities.

• Create streetscape design plan for N Mississippi and N Albina Avenues from N Interstate Avenue to N Russell Street and N Russell Street from N Interstate Avenue to N Williams Avenue.

• Identify streetscape improvements to create safe, convenient pedestrian and bicycle access to light rail and to support planned land uses.

• Provide connections to Eliot neighborhood and Emanuel Hospital via Russell Street.

• Design a streetscape concept supportive of a broad range of commercial uses.

The project shall result in a detailed streetscape design plan for each Project Area. This plan must identify the location and types of proposed improvements including intersection and signal improvements; pedestrian and bicycle improvements; streetscape improvements, transit stops and rider amenities, and changes to the roadway cross-section including driveway access and parking.

The final document must also include analysis and recommendations on vehicle traffic, and strategies to encourage transit usage and reduce vehicular travel by employees and customer of local businesses and institutions.

The final document shall be presented to city council for approval. Specific capital improvements proposed in this project will be included as a future addition to the TSP project list.

In addition to hard copy deliverables-- all draft and final text-based deliverables shall be provided electronically in MS Word upon request; all draft and final graphics-based deliverables shall be provided electronically in a format acceptable to the City, to be determined prior to Contract finalization .

City staff will complete the majority of the project tasks. Portland Department of Transportation (PDOT) staff members have previously worked on the Interstate Station Area Revitalization Strategy and the Interstate Corridor Urban renewal project. PDOT staff shall conduct existing conditions inventory, policy analysis, and traffic circulation analysis. City staff will also perform public outreach in the community and hold public workshops.

The Contractor shall consist of a team including an Urban Designer and a Facilitator. The Urban Design Contractor shall develop the streetscape design concepts.

The Facilitator shall provide facilitation of focus groups, public workshops and walking tours.

The Project Team shall consist of the Project Staff, Contractor-Urban Designer, Contractor-Facilitator, and TGM Grant Manager/Contract Administrator.

• Ensure clear and effective project coordination with the BOP, PDC, Tri-Met, TGM, and other agencies.

• Create a public involvement process that incorporates the participation of a diverse representation of neighborhood residents, business owners, customers, and students.

• Encourage the participation of individuals and groups not currently involved in the planning process.

• City and Contractor shall form a Project Team comprised of City staff, Contractor, and TGM Contract Administrator. The Project Team shall meet as necessary to coordinate activities.

• City shall conduct door-to-door community canvass (conversation/information drop) of residences and businesses within 2 blocks of Project Area to recruit resident involvement in project committees and events and solicit their input.

• City shall produce project information in multiple languages to inform the diverse business owners, residents and customers in the Project Areas.

• City shall conduct up to 4 focus group discussions focused on project topic areas.

• City shall form Project Area Working Groups (PAWG’s) for each project area. Conduct 6 Working Group Meetings.

Interstate Urban Renewal Area (URA) CAC, Representative from the faith community, Newspapers located along Killingsworth (Skanner, Asian Reporter, Observer), Retail business along Killingsworth, Humboldt Neighborhood Association, POWER, PCC, Adidas, Jefferson High School

North/Northeast Eco Collaborators, Harriet Tubman School, Eliot Neighborhood Association, Legacy Emanuel Hospital.

• Contractor shall (as detailed in deliverables section) attend and participate at project meetings; facilitate focus groups and community workshops; attend and make presentations at TAC/Working Group Meetings.

• City shall present content of public workshops directly to key stakeholders and community members in briefings/presentations/one-on-one conversations.

• Detailed Statement of Work, public involvement strategy, schedule and budget. Any changes to tasks, deliverables, assignments or requirements, requires a Contract amendment.

• Plan and conduct focus groups, public workshops, Project Team, TAC and PAWG meetings, stakeholder meetings;

Facilitation of up to 4 focus groups and 6 community workshops/Charrettes and 5 project advisory committee meetings. Attendance at up to 4 Project Team/TAC meetings.

Attendance and/or presentations at 7 TAC/Working Group meetings/walking tours, 6 public workshops, and up to 10 Project Team/TAC meetings

Task 2 - Assessment of existing conditions, opportunities and constraints (City Task)

• City shall identify resources and policy guidelines for the corridors including:

State Transportation Planning Rule, Albina Community Plan, Interstate Corridor URA Plan, Interstate MAX Station Area Revitalization Strategy, RTP, Creating Livable Streets; Street Design Guidelines for 2040, Metro Growth Management Functional Plan, Metro Main Street Handbook, Transportation Element of City Comprehensive Plan, Draft City TSP, City Pedestrian Master Plan, City Bicycle Master Plan, Central City Transportation Management Plan, PCC Cascade Campus Master Plan, Emanuel Hospital Master Plan, Humboldt Target Area Plan, Heart of Humboldt Plan.

• City shall inventory existing street conditions and land uses for both corridors including:

• City shall inventory existing TDM plans of businesses and institutions within each Project Area.

• City shall conduct Community Walking Tour/Existing Conditions Workshop for each Project Area with community members and stakeholders. Contractor shall facilitate (see Task 1 deliverables).

• City shall draft criteria for evaluating streetscape design concepts, based on project goals and objectives and local and regional plans and policies.

• Plan and conduct Walking Tour/Existing Conditions Workshop of each Project Area.

• Killingsworth – Develop up to 3 Alternative Streetscape Design Concepts to support the community preferred development strategy outlined in the Station Area Revitalization Strategy.

• Albina/Mississippi -Work with the community to develop up to 3 Alternative Streetscape Design Concepts to support investment in the MAX station area.

• Building upon streetscape improvements identified through previous planning projects, Contractor shall identify a range of potential streetscape improvements that enhance pedestrian, bicycle and transit access to Interstate Avenue MAX stations.

• City shall conduct community workshop/design charrette. Contractor shall facilitate (see Task 1 deliverables)

• Contractor shall prepare Street Design Concept Alternatives for street improvements along Killingsworth and Russell, Mississippi, and Albina Streets. Street Design Concept Alternatives must address, at a minimum, number of travel lanes, medians or pedestrian islands, turn lanes, intersection improvements, bus stops and associated amenities, on-street parking, bike lanes, landscape strips, street trees, street furniture, and sidewalks; street design standards; and plan view and cross-section graphics illustrating each of the alternatives.

• Plan, advertise and conduct Streetscape Design Concept Alternatives Charrette.

• Summarize and document the public process used to develop design concepts for each street.

• Up to three draft and final Streetscape Design Concept Alternatives for each street that include, at a minimum, number of travel lanes, medians or pedestrian islands, turn lanes, intersection improvements, location of transit stops and associated amenities, on-street parking, bike lanes, landscape strips, street trees, street furniture, and sidewalks.

• Draft and final street design standards guiding the streetscape improvements.

• A plan view and cross-sections of each street that illustrate the proposed improvements (included in final streetscape alternatives) .

• Assess the traffic impacts of the streetscape design concepts developed in Task 3.

• Define priority access routes for pedestrian and bicycle improvements and identify improvements.

• Identify current traffic issues and opportunities for traffic calming and traffic management.

• City Transportation Modeling Specialist shall perform operation and capacity modeling of future traffic demand on streets within the project areas using the 2020 RTP strategic network.

• City Traffic Engineer shall perform traffic analysis of current conditions and modeling results.

• City Traffic Engineer shall perform traffic analysis of the impacts of the streetscape design options developed in Task 3.

• Any designs that impact I-5 must be reviewed and approved by Oregon Department of Transportation (ODOT).

• City Staff shall perform an assessment of access routes for pedestrians and cyclists and identify opportunities for traffic calming and traffic management.

• Memorandum summarizing traffic analysis, including supportive tables and graphics outlining current traffic issues, modeled future traffic, and current and future traffic impacts of streetscape design concepts developed in Task 3. Findings must address transportation impacts resulting from changes in the number of travel lanes, intersection turn lanes and signal improvements, on-street parking, and bike and pedestrian improvements.

• Identify TDM strategies that can be implemented by institutions and businesses within the Project Area.

• Improve efforts of local institutions and businesses to apply TDM strategies.

• City staff shall inventory existing TDM practices utilized by area institutions and businesses.

• City Staff shall identify potential TDM strategies for local institutions and businesses, including the advantages, disadvantages and applicability of various strategies, and make recommendations for implementation.

• Strategies to be reviewed must include, at a minimum, provision of free transit passes, flexible working hours, telecommuting, guaranteed ride home programs, parking management strategies (including preferential carpool parking, shared parking, parking maximums, parking fees), and designation of a transportation coordinator.

• Work with local Institutions, businesses and business organizations to create a list of and evaluate potential TDM strategies; make recommendations for implementation.

• Prepare recommended options for improving connections for pedestrian and bicycles.

• Develop strategies to encourage transit use by employees and customers of institutions and community businesses.

• City shall prepare a preliminary evaluation of Streetscape Design Concept Alternatives in accordance with the project goals and objectives and the criteria developed in task 2.

• Contractor shall prepare Urban Design Analysis of Streetscape Design Alternatives.

• Contractor shall develop Presentation materials of Streetscape Design Concept Alternatives.

• City shall conduct public Streetscape Design Concept Alternatives Assessment Workshop.

• Contractor shall attend and present at TAC, Working Group meetings, and facilitate public workshops (see deliverables of Task 1).

• City shall identify a preferred design concept, based on preliminary evaluation, input from the TAC, and community input from the Working Groups and public workshop.

• Prepare preliminary evaluation of streetscape design concept alternatives based on criteria developed in task 2, and based on traffic analysis and other information developed in task 4.

• Plan, advertise and conduct public Streetscape Design Concept Alternatives Assessment Workshop.

• Conduct TAC and Working Group meetings to assess preliminary streetscape design concept alternatives.

• Prepare final evaluation of streetscape design concept alternatives, documenting the results of the TAC and Working Group meetings and public workshop, and identifying characteristics of the preferred alternative.

• Prepare draft preferred streetscape design plan for review and public comment.

• Prepare final report for review and adoption by Portland City Council, including recommended Streetscape Design Plan, TDM Strategies, and Bicycle and Pedestrian Connections.

• City shall develop a draft recommendation of a preferred plan for review of the TAC, Working Groups, and public at the final workshop.

• Contractor shall prepare written analysis and graphic illustrations of preferred Street Design Concept Plan.

• City shall hold a final public workshop on Streetscape Design Plan, Bicycle and Pedestrian Connections, and TDM Strategies. Contractor shall facilitate (see Task 1 deliverables).

• City shall present final report to City Council for review and adoption as an amendment to the City's TSP.

• Plan, advertise and conduct final workshop on Streetscape Design Plan, Bicycle and Pedestrian Connections, and TDM Strategies.

• Prepare final plan document, including recommended Streetscape Design Plan, TDM Strategies, and Bicycle and Pedestrian Connections, proposed text and maps for inclusion in or amendment to the City's Transportation Systems Plan, and documentation of the public and technical review process.

• Draft and Final Written analysis of preferred streetscape design plans for both Killingsworth and Russell Streets

• Street Design Concept Plan presentation graphics. The Street Design Concept Plan must address, at a minimum, number of travel lanes, medians or pedestrian islands, turn lanes, intersection improvements, bus stops and associated amenities, on-street parking, bike lanes, landscape strips, street trees, street furniture, and sidewalks both in plan view and cross-section; street design standards;

• Final graphics for inclusion in final document reflecting input received from TAC, Working Groups and public at final workshop.

If Agency determines that any deliverables are not acceptable and that any deficiencies are the responsibility of the Contractor, Agency shall prepare a detailed written description of any deficiencies and an associated time frame for correction, and deliver such notice to Contractor. Contractor shall correct any deficiencies at no cost to the Agency. If the corrective work causes any project delays, the Contractor will submit a plan for regaining the project schedule for remaining work under the Contract, unless otherwise allowed by Agency. If Agency determines the Contract schedule must be modified, a contract amendment will be initiated. If the identified deficiencies have not been corrected within the specified timeline, Agency may, in accordance with Section 13 of this Contract: (i) terminate this Contract without payment or any further obligation or liability of any kind; or (ii) require Contractor to continue to correct the deficiencies, reserving this same right to terminate at any time.

(a) Employed or retained for a commission, percentage, brokerage, contingency fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract,

(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or

(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant), any fee, contribution, donation or consideration of any kind for or in connection with, procuring or carrying out the contract, except as here expressly stated (if any):

Contractor further acknowledges that this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil.

Department official likewise certifies by signing this contract that Contractor or his/her representative has not been required directly or indirectly as an expression of implied condition in connection with obtaining or carrying out this contract to:

(b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind except as here expressly stated (if any):

Department official further acknowledges this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil.

Contractor certifies by signing this contract that to the best of its knowledge and belief, it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a

criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery falsification or destruction of records, making false statements or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default.

Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

List exceptions. For each exception noted, indicate to whom the exception applies, initiating agency, and dates of action. If additional space is required, attach another page with the following heading: Certification Exceptions continued, Contract Insert.

EXCEPTIONS:

Exceptions will not necessarily result in denial of award, but will be considered in determining Contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions.

The Contractor is advised that by signing this contract, the Contractor is deemed to have signed this certification.

II. INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS–PRIMARY COVERED TRANSACTIONS

1. By signing this contract, the Contractor is providing the certification set out below.

2. The inability to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The Contractor shall explain why he or she cannot provide the certification set out below. This explanation will be considered in connection with the Oregon Department of Transportation determination to enter into this transaction. Failure to furnish an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Contractor knowingly rendered an erroneous

certification, in addition to other remedies available to the Federal Government or the Department may terminate this transaction for cause of default.

4. The Contractor shall provide immediate written notice to the Department to whom this proposal is submitted if at any time the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Department's Program Section (Tel. (503) 986-3400) to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The Contractor agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transactions with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency entering into this transaction.

7. The Contractor further agrees by submitting this proposal that it will include the Addendum to Form FHWA-1273 titled, "Appendix B--Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions", provided by the Department entering into this covered transaction without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List published by the U. S. General Services Administration.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government or the Department, the Department may terminate this transaction for cause or default.

III. ADDENDUM TO FORM FHWA-1273, REQUIRED CONTRACT PROVISIONS

This certification applies to subcontractors, material suppliers, vendors, and other lower tier participants.

• Appendix B of 49 CFR Part 29 -

Appendix B--Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion--Lower Tier Covered Transactions

Instructions for Certification

1. By signing and submitting this contract, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this contract is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this contract that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement list.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is

suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion--Lower Tier Covered Transactions

a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.

b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

IV. EMPLOYMENT

1. Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractors, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranting, Department shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

2. Contractor shall not engage, on a full or part-time basis or other basis, during the period of the contract, any professional or technical personnel who are or have been at any time during the period of this contract, in the employ of Department, except regularly retired employees, without written consent of the public employer of such person.

3. Contractor agrees to perform consulting services with that standard of care, skill and diligence normally provided by a professional in the performance of such consulting services on work similar to that hereunder. Department shall be entitled to rely on the accuracy, competence, and completeness of Contractor's services.

V. NONDISCRIMINATION

During the performance of this contract, Contractor, for himself, his assignees and successors in interest, hereinafter referred to as Contractor, agrees as follows:

1. Compliance with Regulations. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and Section 162(a) of the Federal-Aid Highway Act of 1973 and the Civil Rights Restoration Act of 1987. Contractor shall comply with the regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are incorporated by reference and made a part of this contract. Contractor, with regard to the work performed after award and prior to completion of the contract work, shall not discriminate on grounds of race, creed, color, sex or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices, when the contract covers a program set forth in Appendix B of the Regulations.

2. Solicitation for Subcontractors, including Procurement of Materials and Equipment. In all solicitations, either by competitive bidding or negotiations made by Contractor for work to be performed under a subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this contract and regulations relative to nondiscrimination on the grounds of race, creed, color, sex or national origin.

3. Nondiscrimination in Employment (Title VII of the 1964 Civil Rights Act). During the performance of this contract, Contractor agrees as follows:

a. Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,

without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this nondiscrimination clause.

b. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin.

4. Information and Reports. Contractor will provide all information and reports required by the Regulations or orders and instructions issued pursuant thereto, and will permit access to his books, records, accounts, other sources of information, and his facilities as may be determined by Department or FHWA as appropriate, and shall set forth what efforts he has made to obtain the information.

5. Sanctions for Noncompliance. In the event of Contractor's noncompliance with the nondiscrimination provisions of the contract, Department shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

a. Withholding of payments to Contractor under the agreement until Contractor complies; and/or

b. Cancellation, termination or suspension of the agreement in whole or in part.

6. Incorporation of Provisions. Contractor will include the provisions of paragraphs 1 through 6 of this section in every subcontract, including procurement of materials and leases of equipment, unless exempt from Regulations, orders or instructions issued pursuant thereto. Contractor shall take such action with respect to any subcontractor or procurement as Department or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event Contractor becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such

direction, Department may, at its option, enter into such litigation to protect the interests of Department, and, in addition, Contractor may request Department to enter into such litigation to protect the interests of the State of Oregon.

VI. DISADVANTAGED BUSINESS

ENTERPRISE (DBE) POLICY

In accordance with Title 49, Code of Federal Regulations, Part 26, Contractor shall agree to abide by and take all necessary and reasonable steps to comply with the following statement:

DBE POLICY STATEMENT

DBE Policy. It is the policy of the United States Department of Transportation (USDOT) to practice nondiscrimination on the basis of race, color, sex and/or national origin in the award and administration of USDOT assist contracts. Consequently, the DBE requirements of 49 CFR 26 apply to this contract.

Required Statement For USDOT Financial Assistance Agreement. If as a condition of assistance the Agency has submitted and the US Department of Transportation has approved a Disadvantaged Business Enterprise Affirmative Action Program which the Agency agrees to carry out, this affirmative action program is incorporated into the financial assistance agreement by reference.

DBE Obligations. The Oregon Department of Transportation (ODOT) and its contractor agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR 26 have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, Contractor shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. Neither ODOT nor its contractors shall discriminate on the basis of race, color, national origin or sex in the award and performance of federally-assisted contracts. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of such contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as ODOT deems appropriate.

The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under this contract.

Records and Reports. Contractor shall provide monthly documentation to Department that it is subcontracting with or purchasing materials from the DBEs identified to meet contract goals. Contractor shall notify Department and obtain its written approval before replacing a DBE or making any change in the DBE participation listed. If a DBE is unable to fulfill the original obligation to the contract, Contractor must demonstrate to Department the Affirmative Action steps taken to replace the DBE with another DBE. Failure to do so will result in withholding payment on those items. The monthly documentation will not be required after the DBE goal commitment is satisfactory to Department.

Any DBE participation attained after the DBE goal has been satisfied should be reported to the Departments.

DBE Definition. Only firms DBE certified by the State of Oregon, Department of Consumer & Business Services, Office of Minority, Women & Emerging Small Business, may be utilized to satisfy this obligation.

CONTRACTOR'S DBE CONTRACT GOAL

DBE GOAL 0 %

By signing this contract, Contractor assures that good faith efforts have been made to meet the goal for the DBE participation specified in the Request for Proposal/Qualification for this project as required by ORS 200.045, and 49 CFR 26.53 and 49 CFR, Part 26, Appendix A.

VII. LOBBYING

The Contractor certifies, by signing this agreement to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor also agrees by signing this agreement that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

FOR INQUIRY CONCERNING ODOT’S DBE PROGRAM REQUIREMENT CONTACT OFFICE OF CIVIL RIGHTS AT (503)986-4354.

Tasks	Hours	Rate	Total
1 - Public Involvement & Agency Coordination
PDOT Program Manager	15	$48.59	$729
PDOT Program Specialist/Public Involvement	800	$32.37	$25,896
PDOT City Planner	40	$28.07	$1,123
PDOT Staff Assistant	40	$21.24	$850
Staff Subtotal	895		$28,598
Contractor-			$28,400

Direct Costs			$8,000
Task sub-total			$64,998

2 - Assessment of Existing Conditions
PDOT Program Manager	10	$48.59	$486
PDOT Program Specialist/Public Involvement	10	$32.37	$324
PDOT City Planner	150	$28.07	$4,211
PDOT Staff Assistant	150	$21.24	$3,186
Staff Subtotal	320		$8,207
Contractor			$0
Direct Costs			$1,000
Task sub-total			$9,207

3 - Streetscape Design Concepts
PDOT Program Manager	10	$48.59	$486
PDOT Program Specialist/Public Involvement	10	$32.37	$324
PDOT City Planner	140	$28.07	$3,930
PDOT Staff Assistant	140	$21.24	$2,974
Staff Subtotal	300		$7,714
Contractor-Urban Design			$24,765
Direct Costs			$1,000
Task sub-total			$33,479

4 - Traffic Analysis & TDM Strategies
PDOT Program Manager	10	$48.59	$486
PDOT Program Specialist/Public Involvement	10	$32.37	$324
PDOT City Planner	75	$28.07	$2,105
PDOT Staff Assistant	75	$21.24	$1,593
PDOT Traffic Engineering			$15,000
PDOT Travel Options			$2,500
Staff Subtotal	170		$22,008
Contractor			$0
Direct Costs			$1,000
Task sub-total			$23,008

5 - Plan Alternatives
PDOT Program Manager	30	$48.59	$1,458
PDOT Program Specialist/Public Involvement	10	$32.37	$324
PDOT City Planner	125	$28.07	$3,509
PDOT Staff Assistant	125	$21.24	$2,655
PDOT Engineer- cost estimate			$5,000
Staff Subtotal	290		$12,946
Contractor- Urban Design			$16,180
Direct Costs			$1,000
Task sub-total			$30,126

6 - Preferred Plan
PDOT Program Manager	25	$48.59	$1,215
PDOT Program Specialist/Public Involvement	40	$32.37	$1,295
PDOT City Planner	100	$28.07	$2,807
PDOT Staff Assistant	100	$21.24	$2,124
Staff Subtotal	265		$7,441
Contractor- Urban Design			$10,655
Direct Costs			$3,590
Task sub-total			$21,686
Summary Staff Totals	2,240		$86,914
Contractor Totals- Facilitator			$28,400
Contractor Totals- Urban Design			$51,600
Direct Costs Totals			$15,590
Total			$182,504

Grant Summary
Total Estimated Project Costs	$182,504
Total Grant Amount:	$163,702
Contractor Total	$80,000
City Reimbursable	$83,702
Local Match	$18,797

Task No.	When	Deliverable Description	Total Dollar Amount
1		task subtotal	$28,400.00
	April	Attendance at Project Team Meeting No. 1	$760.00
	May	Attendance at Project Team Meeting No. 2 w/TAC	$410.00
	May	Attendance at Russell Focus Group /Franklin facilitates	$1,180.00
	May	Attendance at Killingsworth Focus Group /Franklin facilitates	$1,180.00
	May	Attendance at Russell Focus Group - Advisory Committee /Franklin facilitates	$865.00
	May	Attendance at Killingworth PCC Focus Group /Franklin facilitates	$370.00
	June	Attendance at Project Team Meeting No. 3	$345.00
	June 11	Preparation for, facilitation of and attendance at Russell Community Walk - w/ Advisory Committee	$925.00
	June 13	Preparation for, facilitation of and attendance at Killingsworth Community Walk - w/Advisory Committee	$925.00
	June	Attendance at Project Team Meeting No. 4	$240.00
	July	Attendance at Project Team Meeting No. 5	$490.00
	July 11	Preparation for, facilitation of and attendance at Killingsworth Workshop Design Charette	$2,670.00
	July 23	Preparation for, facilitation of and attendance at Russell Workshop II Design Charrette - w/Advisory Committee	$2,670.00
	Early August	Attendance at Killingsworth Advisory Committee Meeting /Franklin facilitates	$582.00
	August	Attendance at Project Team Meeting No. 6 w/ TAC	$240.00
	September	Attendance at Project Team Meeting No. 7	$590.00
	September 12	Preparation for, facilitation of and attendance at Killingsworth Workshop III - Alternatives	$2,645.00
	September	Attendance at Killingsworth Advisory Committee Meeting /Franklin facilitates	$342.00
	September 24	Preparation for, facilitation of and attendance at Russell Workshop III - Alternatives w/ Advisory Committee	$2,725.00
	September	Attendance at Russell Advisory Committee Meeting /Franklin facilitates	$342.00
	September	Attendance at Project Team Meeting No. 8	$490.00
	October	Attendance at Project Team Meeting No. 9 w/ TAC	$240.00
	October 22	Preparation for, facilitation of and attendance at Russell Workshop IV Preferred Plan Open House	$2,750.00
	October	Attendance at Russell Final Advisory Committee Meeting /Franklin facilitates	$582.00
	Early November	Preparation for, facilitation of and attendance at Killingsworth Workshop IV Preferred Plan Open House	$2,750.00
	November	Attendance at Killingsworth Final Advisory Committee Meeting /Franklin facilitates	$582.00
	December?	Attendance at Project Team Meeting No. 10	$510.00


Task No.	When	Deliverable Description	Amount
3		task subtotal	$24,765.00
	August	First draft, three alternative streetscape designs for Russell	$5,350.00
	August	First draft, three alternative streetscape designs for Killingsworth	$5,425.00
	September	Final draft, three alternative streetscape designs for each street, including plans and sections, Russell	$5,425.00
	October	Final draft, three alternative streetscape designs for each street, including plans and sections, Killingsworth	$5,925.00
	August	First draft, design guidelines	$1,980.00
	September	Final Design Guidelines	$660.00


Task No.	When	Deliverable Description	Amount
5		task subtotal	$16,180.00
	September	Urban Design Analysis Report	$2,940.00
	September	Presentation Materials	$13,240.00


Task No.	When	Deliverable Description	Amount
6		task subtotal	$10,655.00
	October	Presentation Graphics	$4,255.00
	December	First draft, written analysis of Preferred Streetscape Alternatives, Russell	$1,385.00
	January	First draft, written analysis of Preferred Streetscape Alternatives, Killingsworth	$1,385.00
	February	Final written analysis of Preferred Streetscape Alternatives, Russell	$1,285.00
	February	Final written analysis of Preferred Streetscape Alternatives, Killingsworth	$1,285.00
	February	Final Graphics	$1,060.00
		CONTRACTOR GRAND TOTAL	$80,000.00