GT Excavating, LLC ~ 32500021
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: 32500021
Contract Start Date: 08/14/2024 Contract End Date: 11/30/2024
Contract Title: Cook Park Boarding Dock Replacement
Contractor Name: GT Excavating, LLC
Contract Manager: Jeff Peck
Department: PW-ENG
Contract Costs
Original Contract Amount: $34,555.00
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $34,555.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: Intermediate Quotes $10K<=$150K
Solicitation Number: n/a
LCRB Date: n/a
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY 25 4208000-56005 CP92068-CONS $34,555.00
Contracts & Purchasing Approval
Purchasing Signature:
Comments:
DocuSign Routing
Route for Signature Name Email Address
Contractor Grady Johnson grady@gtexcavating.com
City of Tigard Joe Wisniewski joew@tigard-or.gov
Final Distribution
Contractor Grady Johnson grady@gtexcavating.com
Project Manager Jeff Peck jeffp@tigard-or.gov
Project Manager Shauna Large shaunal@tigard-or.gov
Buyer Toni Riccardi tonir@tigard-or.gov
Contract Number _32500021____
CITY OF TIGARD, OREGON
PERSONAL SERVICES CONTRACT
COOK PARK BOARDING DOCK REPLACEMENT
THIS AGREEMENT made and entered into this 14 day of August 2024 by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and GT Excavation,
hereinafter called Contractor.
RECITALS
WHEREAS, the City’s 2025 fiscal year budget provides for services related to dock replacement
preparation; and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge,
and experience possessed by Contractor, and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require, under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor will initiate services immediately upon receipt of City’s notice to proceed together
with an executed copy of this Agreement. Contractor agrees to complete work that is detailed
in Exhibit A, incorporated herein by reference.
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires on November 30, 2024,
unless otherwise terminated or extended. All work under this Agreement must be completed
prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A.
The total amount paid to the Contractor by the City may not exceed Thirty-Four Thousand
Five Hundred Fifty-Five and No/100 Dollars ($34,555.00). Payments made to Contractor
will be based upon the following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes
all expenses incurred by Contractor, with the exception of expenses, if any, identified in
this Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor’s invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly. Unless
otherwise agreed, payment will be made only for work actually completed as of the date
of invoice.
C. Payment by City releases City from any further obligation for payment to Contractor for
services performed or expenses incurred as of the date of the invoice. Payment may not
be considered acceptance or approval of any work or waiver of any defects therein.
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D. Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of the work provided for in this Agreement.
E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
F. Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from
the contractor or any subcontractor.
H. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due, City’s Finance Director may pay such claim and charge the amount of the payment
against funds due or to become due the Contractor. The payment of the claim in this
manner does not relieve Contractor or their surety from obligation with respect to any
unpaid claims.
I. Contractor will promptly, as due, make payment to any person, co-partnership,
association, or corporation, furnishing medical, surgical, and hospital care or other needed
care and attention, incident to sickness or injury, to the employees of Contractor, of all
sums that Contractor agrees to pay for the services and all moneys and sums that
Contractor collected or deducted from the wages of employees pursuant to any law,
contract, or agreement for the purpose of providing or paying for services.
J. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
K. Contractor must obtain, prior to the execution of any performance under this Agreement,
a City of Tigard Business License. The Tigard Business License is based on a calendar
year with a December 31st expiration date. New businesses operating in Tigard after June
30th of the current year will pay a pro-rated fee though the end of the calendar year.
L. The City certifies that sufficient funds are available and authorized for this Agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard’s City Council.
4. PREVAILING WAGE
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set
forth. The Contractor agrees that the workmen in each trade or occupation required for the
work to be done pursuant to the contract, employed in the performance of the Agreement,
either by the Contractor or subcontractor or other person doing or contracting to do any part
of the work contemplated by the Contractor shall be paid not less than the prevailing,
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minimum hourly rate of wage specified by the Oregon Bureau of Labor and Industries (BOLI).
Current wage rates and amendments may be obtained at www.boli.state.or.us.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon
Prevailing Wage Rate requirements, the Contractor must ensure that workers will be paid the
higher of the applicable federal or state rate. If the Contractor fails to pay for labor or services,
the City may pay for those labor and services and withhold these amounts from payment s
that are due the Contractor in accordance with ORS 279C.515.
Contractor shall provide proof as requested to the City prior to the beginning of any of the
work that the Contractor has filed a public works bond with a corporate surety in the amount
of $30,000 with the Construction Contractors Board as required under Oregon Prevailing
Wage Rate law. Contractor shall also require in every subcontract to this Agreement that the
subcontractor file a public works bond with the Construction Contractors Board in the
amount of $30,000 prior to starting work on this project unless otherwise exempt.
5. OWNERSHIP OF WORK PRODUCT
City is the owner of and is entitled to possession of any and all work products of Contractor
which result from this Agreement, including any computations, plans, correspondence, or
pertinent data and information gathered by or computed by Contractor prior to termination
of this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
6. ASSIGNMENT/DELEGATION
Neither party may assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment has any force or effect unless and
until the other party has consented. If City agrees to assignment of tasks to a subcontract,
Contractor is fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them. Neither the approval by City of any subcontractor nor anything
contained herein creates any contractual relation between the subcontractor and City. The
provisions of this Agreement are binding upon and will inure to the benefit of the parties to
the Agreement and their respective successors and assigns.
7. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is solely responsible for all payments and taxes required by law. Furthermore, in the
event that Contractor is found by a court of law or any administrative agency to be an
employee of City for any purpose, City is entitled to offset compensation due, or to
demand repayment of any amounts paid to Contractor under the terms of this Agreement,
to the full extent of any benefits or other remuneration Contractor receives (from City or
third party) as a result of said finding and to the full extent of any payments that City is
required to make (to Contractor or to a third party) as a result of said finding.
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B. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
8. CONFLICT OF INTEREST
The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from Contractor, either directly or indirectly, in connection
with the letting or performance of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed their
normal charge for the type of service provided.
9. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor’s work by City will not operate as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, employees, agents, and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments, or other costs or expenses, including attorney's fees and witness
costs (at both trial and appeal level, whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies), that may be asserted by any person
or entity which in any way arise from, during, or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification will also cover claims brought against the City under
state or federal worker's compensation laws. If any aspect of this indemnity is found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
validity of the remainder of this indemnification.
10. INSURANCE
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain, at Contractor’s expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an “occurrence” form (CG 2010 1185 or equivalent). This coverage must
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
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Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance
Contractor must also obtain, at Contractor’s expense, and keep in effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non-owned vehicles on an “occurrence” form. The Combined Single
Limit per occurrence may not be less than $2,000,000.
If Contractor uses a personally owned vehicle for business use under this contract, the
Contractor will obtain, at Contractor’s expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an “occurrence”
form. The Combined Single Limit per occurrence may not be less than $2,000,000.
C. Workers’ Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law must comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
need not obtain workers’ compensation coverage. All non-exempt employers must
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All required insurance policies, other than Workers’ Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor must provide
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evidence of such self-insurance. Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Primary Coverage Clarification
The parties agree that Contractor’s coverage is primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
I. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability, professional liability, pollution, and errors and omissions policies required by this
Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such insurance
will be forwarded to: contractspurchasing@tigard-or.gov
At the discretion of the City, a copy of each insurance policy, certified as a true copy by
an authorized representative of the issuing insurance company, may be required to be
forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance will not be construed to limit Contractor’s liability
hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
11. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices, bills and payments will be made in writing and may be given by personal delivery,
mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The
following addresses will be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD GT EXCAVATION
Attn: Jeff Peck Attn: Grady Johnson
Address: 13125 SW Hall Blvd
Tigard, OR 97223
Address: 10333 Wiseacre Ln NE
Aurora, OR 97002
Phone: (503) 718-2466 Phone: (503) 678-3232
Email: jeffp@tigard-or.gov Email: grady@gtexcavating.com
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Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when
so faxed, upon successful fax. In all other instances, notices, bills and payments will be deemed
given at the time of actual delivery. Changes may be made in the names and addresses of the
person to who notices, bills, and payments are to be given by giving written notice pursuant
to this paragraph.
12. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
13. MERGER
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement will be effective unless and until it is made in
writing and signed by both parties.
14. TERMINATION WITHOUT CAUSE
At any time and without cause, City has the right in its sole discretion to terminate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph, City will pay Contractor for services rendered to the date of termination.
15. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
or at such later date as may be established by City, under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied, revoked, or not renewed.
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (A) will be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time
specified, or
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2) If Contractor fails to perform any of the other provisions of this Agreement, or fails
to pursue the work as to endanger performance of this Agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Contractor will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages, if any, sustained by City due
to breach of contract by Contractor. Damages for breach of contract include those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
16. ACCESS TO RECORDS
City will have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
17. HAZARDOUS MATERIALS
Contractor will comply with all federal Occupational Safety and Health Administration
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided
under this Agreement may release, or otherwise result in an exposure to, a hazardous chemical
under normal conditions of use (for example, employees of a construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheets, the identity of the chemical/s, how Contractor
will inform employees about any precautions necessary, an explanation of any labeling system,
and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
18. FORCE MAJEURE
Neither City nor Contractor will be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of
God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine
restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled will within
ten (10) days from the beginning of such delay, notify the other party in writing of the cause
of delay and its probable extent. Such notification will not be the basis for a claim for
additional compensation. Each party will, however, make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
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19. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor of any of the
terms of this Agreement or to exercise any rights hereunder should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
20. HOURS OF LABOR, PAY EQUITY
In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
C. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week, except as provided by law. For contracts for personal services, as
defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to
209 from receiving overtime.
D. Contractor must give notice in writing to employees who work on a public contract, either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
E. Contractor may not prohibit any of Contractor’s 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.
F. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause.
21. NON-DISCRIMINATION
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement, including, without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142, including all amendments of and regulations and administrative rules, and
all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
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22. ERRORS
Contractor will perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
23. EXTRA (CHANGES) WORK
Only the City’s Project Manager for this Agreement may change or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to
adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
24. WARRANTIES
Contractor will guarantee work for a period of one year after the date of final acceptance of
the work by the owner. Contractor warrants that all practices and procedures, workmanship
and materials are the best available unless otherwise specified in the profession. Neither
acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor’s
services rendered in the performance of Contractor’s obligations under this Agreement, will
be provided to the City free and clear of any and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, claims,
mortgages, security interests, liabilities, charges, and encumbrances of any kind.
25. ATTORNEY'S FEES
In the event an action, suit of proceeding, including appeal, is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party’s own attorney
fees, expenses, costs and disbursements for the action, suit, proceeding, or appeal.
26. CHOICE OF LAW, VENUE
The provisions of this Agreement are governed by Oregon law. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S. District Court for Oregon, Portland.
27. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in this Agreement.
28. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor’s proposal, this
Agreement will control. In the event of conflict between a provision in the main body of the
Agreement and a provision in the Exhibits, the provision in the main body of the Agreement will
control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will
control.
29. AUDIT
Contractor will maintain records to assure conformance with the terms and conditions of this
Agreement and to assure adequate performance and accurate expenditures within the contract
period. Contractor agrees to permit City, the State of Oregon, the federal government, or
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their duly authorized representatives to audit all records pertaining to this Agreement to assure
the accurate expenditure of funds.
30. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions will
not be impaired unless the illegal or unenforceable provision affects a significant right or
responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and, if negotiations fail, may terminate the Agreement.
31. COMPLIANCE WITH TAX LAWS
Contractor represents and warrants that Contractor is, to the best of the undersigned’s
knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316, 317, and 318. Contractor’s failure to comply with the tax laws of this
state or a political subdivision of this state before the Contractor executed this Agreement or
during the term of this Agreement is a default for which the City may terminate this Agreement
and seek damages and other relief available under the terms of this Agreement or applicable
law.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by
their duly authorized officials.
CITY OF TIGARD GT EXCAVATION
By: __________________________________
By: __________________________________
Name: _______________________________
Name: _______________________________
Title: ________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
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8/27/2024
Manager Member
Tami Johnson
Public Works Director
Brian D. Rager
9/6/2024
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EXHIBIT A
SERVICES TO BE PROVIDED
Scope of Work: Completion of work September 31, 2024
As directed by the City, contractor will be responsible for services that may include, but are not limited
to, the following:
Removal of sediment build up next to the boat ramp
Regrade the adjacent bank
Tree protection fencing
Pour two concrete support pads for new dock
The following Bid Item Descriptions summarize the measurement and payment for each of the items
in Phase 1 – Boarding Dock Replacement project.
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EXHIBIT B
FEDERAL COMPLIANCE TERMS
OR- SFR BA- Cook Park Boarding Dock Replacement, Tualatin River
I. ODFW Project Specific Compliance Requirements: USFWS Award #F24AF01422
1. Environmental Compliance Reviews:
As a condition of award, the Recipient and their sub-recipient(s) and
contractor(s) must not begin any potentially impactful work related to this
award until the Service has notified you in writing that such work can begin.
Recipients and sub-recipients of Federal grants and cooperative agreement
awards must comply with the requirements of the National Environmental
Policy Act (NEPA), Section 7 of Endangered Species Act (ESA), and
Section 106 of the National Historic Preservation Act (NHPA).
2. Buy America Provision for Infrastructure Project Procurements, see section
III, I. below.
II. Grant Recipient Compliance Requirements:
A. Recipient is responsible to ensure compliance with the federal implementing regulations
for the Dingell Johnson Sport Fish Restoration Act, contained in 50 CFR Part 80.
B. Recipient to comply with Assurances – Construction Programs (Standard Form 424D)
C. Pursuant to 2 CFR Part 170, Recipient must complete and return the Federal Funding
Accountability and Transparency Act (FFATA) form to ODFW prior to execution of
this grant agreement.
III. Federal Terms and Conditions:
Without limiting the general requirement of Section J of the Agreement, Recipient is
responsible to comply with the following Federal Terms and Conditions, as applicable:
A. Uniform Administrative Requirements, 2 CFR Part 200, Subparts A through D
B. Cost Principles 2 CFR Part 200, Subpart E
C. Central Service Cost Allocation Plans Appendix V to Part 200
D. Indirect Cost Proposals Appendix VII to Part 200
E. Audit Requirements 2 CFR Part 200, Subpart F
F. Federal Non-discrimination Statutes. Recipient is responsible to comply with all
federal statutes relating to non-discrimination, including but not limited to: Title VI
of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the
basis of race, color or national origin; Title IX of the Education Amendments of
1972 (20 USC §§ 1681-1683; 1685-1686) which prohibits discrimination on the basis
of gender; Section 504 of the Rehabilitation Act of 1973 (29 USC § 794) which
prohibits discrimination on the basis of handicaps; Age Discrimination Act of 1975
(42 USC §§ 6101-6107) which prohibits discrimination on the basis of age; Drug
Abuse Office and Treatment Act of 1972 (PL 92-255) which prohibits discrimination
on the basis of drug abuse; the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) regarding
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nondiscrimination on basis of alcohol abuse or alcoholism; Sections 523 and 527 of
the Public Health Services Act of 1912 as amended (42 USC §§ 290 dd-3 and 290 ee-
3) regarding confidentiality of alcohol and drug abuse patient records; Title VIII of
the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.) regarding nondiscrimination in
the sale, rental or financing of housing; any other nondiscrimination provisions of
the specific statutes under which this agreement is being made; and the requirements
of any other nondiscrimination statute(s) which apply to the federal financial
assistance award received by ODFW.
G. Eligible Workers. Recipient shall ensure that all employees complete the I-9 form to
certify that they are eligible for lawful employment under the Immigration and
Nationality Act (8 USC 1324a). Recipient shall comply with regulations regarding
certification and retention of the completed forms.
H. Domestic preferences for procurements. §200.322
1. As appropriate and to the extent consistent with law, the non-Federal entity
should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section
must be included in all subawards including all contracts and purchase orders for
work or products under this award.
2. For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed
in whole or in part of non-ferrous metals such as aluminum; plastics and
polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
I. Buy America Provision for Infrastructure Project Procurements.
Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials As required by Section 70914 of the Infrastructure
Investment and Jobs Act https://www.govinfo.gov/content/pkg/PLAW-
117publ58/pdf/PLAW-117publ58.pdf (Pub. L. 117-58), on or after May 14, 2022, none
of the funds under a federal award that are part of a Federal financial assistance program
for infrastructure may be obligated for a project unless all the iron, steel, manufactured
products, and construction materials used in the project are produced in the United
States, unless subject to an approved waiver. Recipients must include the requirements in
this section all subawards, including all contracts and purchase orders for work or
products under this program.
None of the funds provided under this award may be used for a project for
infrastructure unless:
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1. All iron and steel used in the project are produced in the United States. This means
all manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States
2. All manufactured products used in the project are produced in the United States.
This means the manufactured product was manufactured in the United States, and the
cost of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation, and
3. All construction materials are manufactured in the United States. This means that all
manufacturing processes for the construction material occurred in the United States.
This Buy America preference only applies to articles, materials, and supplies consumed
in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to
tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project.
Nor does a Buy America preference apply to equipment and furnishings, such as
movable chairs, desks, and portable computer equipment, used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed
to the infrastructure project.
For more information, visit the Department of the Interior Buy America web page
http://www.doi.gov/grants/BuyAmerica and the Office of Management and Budget
Made in America web page https://www.whitehouse.gov/omb/management/made-in-
america/.
J. Prohibition on certain telecommunications and video surveillance services or
equipment. §200.216
K. Contracting with small and minority businesses, women’s business enterprises, and
labor surplus area firms. §200.321
L. To the extent applicable to this award, Recipient is responsible to comply with
1. National Environmental Policy Act; E.O. 11514 (which requires the
recipient to comply with environmental standards which may be prescribed
pursuant to institution of environmental quality control measures under the
National Environmental Policy Act of 1969 (42 USC Chapter 55, [Pub. L.
91-190]) and Executive Order 11514.
2. E.O. 11990: Protection of Wetlands (which requires the recipient to
comply with environmental standards for the protection of wetlands)
3. E.O. 11988: Floodplain Management; E.O. 11988 (which requires the
recipient to comply with environmental standards for the evaluation of
flood hazards in floodplains)
4. Coastal Zone Management Act (which requires recipient to ensure that the
work performed will not violate State management programs developed
under the Coastal Zone Management Act of 1972) (16 USC Chapter 33,
Sections 1451 et seq.).’
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5. Wild and Scenic Rivers Act (which requires the recipient to protect
components or potential components of the national wild and scenic rivers
system). (16 USC Chapter 28, Sections 1271 et seq.)
6. Historic Preservation Act, E.O. 11593 (which requires recipient to assist
the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 USC 470),
E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 USC Sec. 469a-1
et seq.).
7. Endangered Species Act (which requires the recipient to comply with
environmental standards for the protection of endangered species) 16 USC
Chapter 35, Sections 1531ff [Pub. L. 93-205]).
8. Marine Mammal Protection Act (which requires permits and reports for
research projects that will involve the taking or importation of protected
marine mammals or marine mammal products) (16 U.S.C. Chapter 31,
Subchapter I, Sections 1361ff).
M. Other Requirements (USFWS specific)
1. Universal Identifier and Central Contractor Registration 2 CFR Part 25
2. Reporting Sub-awards and Executive Compensation 2 CFR Part 170
3. Award Term for Trafficking in Persons (applicable to private entity sub-
recipients) 2 CFR Part 175
4. Government-wide Debarment and Suspension (Non-procurement) 2 CFR
Part 1400
5. Requirements for Drug-Free Workplace (Financial Assistance) 2 CFR Part
1401
6. 43 CFR 18 New Restrictions on Lobbying: Submission of an application
also represents the applicant’s certification of the statements in 43 CFR
Part 18, Appendix A, Certification Regarding Lobbying.
7. Prohibition on Members of Congress Making Contracts with Federal
Government: No member of or delegate to Congress or Resident
Commissioner shall be admitted to any share or part of this award, or to
any benefit that may arise therefrom; this provision shall not be construed
to extend to an award made to a corporation for the public’s general
benefit. 41 USC §6306
8. Federal Leadership on Reducing Text Messaging while Driving: Recipients
are encouraged to adopt and enforce policies that ban text messaging while
driving, including conducting initiatives of the type described in section
3(a) of the Order. Executive Order 13513.
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EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned Contractor certifies, 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 an 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 agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions
(3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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 31, U.S.C. § 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $22,021 and not more than $220,213 for each such failure.
Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to
file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than
$22,021 and not more than $220,213 for each such expenditure or failure.
The Grantee certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Grantee understands and agrees that the provisions of 31 U.S.C. A 3801,
et seq., apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name (Printed)
Title
Date
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8/27/2024
Tami Johnson
Manager Member
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APPENDIX A
RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING
(a) Definitions. The following definitions are intended to be consistent with the definitions in DOT
Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal
Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For clarification purposes,
they may expand upon the definitions in the executive order.
For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn by
mechanical power, designed and operated principally for use on a local, State or Federal roadway,
but does not include a military design motor vehicle or any other vehicle excluded under Federal
Management Regulation 102-34-15.
For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway,
including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign,
another traffic control device, or otherwise. It does not include being in your vehicle (with or
without the motor running) in a location off the roadway where it is safe and legal to remain
stationary.
For the purpose of this Term B.4, “Text messaging” means reading from or entering data into any
handheld or other electronic device (including, but not limited to, cell phones, navigational tools,
laptop computers, or other electronic devices), including for the purpose of Short Message Service
(SMS) texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any
other form of electronic data retrieval or electronic data communication. The term does not include
the use of a cell phone or other electronic device for the limited purpose of entering a telephone
number to make an outgoing call or answer an incoming call, unless this practice is prohibited by
State or local law. The term also does not include glancing at or listening to a navigational device
that is secured in a commercially designed holder affixed to the vehicle, provided that the destination
and route are programmed into the device either before driving or while stopped in a location off
the roadway where it is safe and legal to remain stationary.
For the purpose of this Term B.4, the “Government” includes the United States Government and
State, local, and tribal governments at all levels.
(b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing
Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text Messaging While
Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and subcontractors are
encouraged to:
(1) adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving—
(i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any
work for or on behalf of the Government.
(2) Conduct workplace safety initiatives in a manner commensurate with the size of the business,
such as—
(i) Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated
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with texting while driving.
(c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the substance of
this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this
award that exceed the micro-purchase threshold, other than contracts and subcontracts for the
acquisition of commercially available off-the-shelf items.
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BID ITEM DESCRIPTIONS: COOK PARK BOARDING DOCK REPLACEMENT
Following are the measurement and payment descriptions for the various Bid items included in the Cook Park
Phase 1 - Boarding Dock Replacement project.
Descriptions reference and/or modify sections of the 2021 Oregon Standard Specifications for Construction
where applicable.
EXTRA WORK AS AUTHORIZED
Extra Work as Authorized Bid includes labor, equipment, and materials to perform additional work as directed
by the Engineer. Bid item amount pre-determined by City.
Measurement and payment of work under this Bid item shall be on a negotiated basis between the Contractor
and Engineer agreed upon prior to the work being performed. No work under this Bid item shall be paid unless
authorized in writing by the Engineer.
MOBILIZATION
Comply with Section 00210 of the Standard Specifications.
Measurement shall be on a lump sum (LS) basis per Section 00210.80 of the Standard Specifications.
Payment shall be per Section 00210.90 of the Standard Specifications, including all preparatory work and
operations necessary for the movement of personnel, equipment, materials, and incidentals to the project site and
for all other costs incurred before the beginning of work as well as any other work included in the Contract
Documents which is not specifically listed in other Bid items. This includes labor, equipment, and materials to
furnish and place construction fencing and signage, and work necessary to complete construction survey work in
accordance with ODOT’s “Construction Surveying Manual for Contractors” and this project’s contract
documents.
The amounts paid for mobilization in the Contract progress payment will be based on the percentage of the
Original Contract amount that is earned from other Contract items.
When 5% is earned, either 50% of the amount for mobilization or 5% of the original Contract amount, whichever
is the least.
When 10% is earned, either 100% of mobilization or 10% of the original Contract amount, whichever is the least.
When all work is completed, amount of mobilization exceeding 10% of the original Contract amount.
This schedule of mobilization progress payments will not limit or preclude progress payments otherwise provided
by the Contract.
EROSION CONTROL
Comply with Section 00280 of the Standard Specifications.
Measurement shall be on a lump sum (LS) basis per Section 00280.80(a) of the Standard Specifications.
Payment shall be on a lump sum basis per Section 00280.90 including all labor, equipment, materials, and all other
miscellaneous incidentals and work necessary to install and maintain all erosion control measures required
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including, but not limited to: maintaining erosion and sediment control at the project site daily, daily street
sweeping of work area if sediment is tracked onto paved surfaces, and application of dust control measures as
required, inlet protection and sediment fence installation and maintenance, weekly cleanup and disposal of
construction debris and waste materials, weekly cleanup of the debris captured by sediment controls, replacement
during the project when necessary or directed, and removal of all erosion control items at the completion of the
project.
WORK AREA ISOLATION
Comply with Section 00290 of the Standard Specifications.
Measurement shall be on a lump sum (LS) basis per Section 00290.80 of the Standard Specifications.
Payment shall be on a lump sum basis per Section 00290.90 and shall include all labor, equipment, materials, and
other incidentals and work necessary to isolate the work area including, but not limited to: placement of sandbags
at the perimeter of the work area and associated dewatering, and installation and maintenance of sediment curtain.
CLEARING AND GRUBBING
Comply with Section 00320 of the Standard Specifications.
Measurement shall be on a lump sum (LS) basis per Section 00320.80.
Payment shall be on a lump sum basis per Section 00320.90 including all labor, equipment, materials, and all other
miscellaneous incidentals and work necessary to remove and dispose of vegetation, roots, plants, and strippings
within the footprint of the work areas.
It is the intent of the City that impacts to existing vegetation be minimized to the extent possible in areas outside
of the work area footprint. Removal of shrubs, trees, and other landscaping that are outside of the footprint of
the work areas shall be replaced by the Contractor at their expense.
EARTHWORK
Comply with Section 00330 of the Standard Specifications.
Measurement shall be on a lump sum (LS) basis according to approximate quantities shown on plans and per
Section 00330.81 as modified herein.
Payment shall be on a lump sum basis per Section 00330.93 as modified herein, including all labor, equipment,
materials, and other incidentals and work necessary to excavate, haul off, dispose of excess excavated material,
and use excavated material to remove sediment and regrade hillside. Payment for fine grading, subgrade
compaction, and soil stockpiling shall be considered incidental to this bid item.
AGGREGATE BASE
Comply with Section 00641 of the Standard Specifications.
Measurement shall be on a lump sum (LS) basis according to approximate quantities shown on plans and per
Section 00641.80 as modified herein.
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Payment shall be on a lump sum basis per Section 00641.90 as modified herein, including all labor, equipment,
materials, and all other miscellaneous incidentals and work necessary to furnish, place, grade, and compact
aggregate base.
CONCRETE PADS
Comply with Section 00759 of the Standard Specifications.
Measurement shall be on a per each (EA) basis per Section 00759.80.
Payment shall be on a per each basis per Section 00759.90 including all labor, equipment, materials, and all other
miscellaneous incidentals and work necessary to reinforce, furnish, place, grade, compact, and finish reinforced
concrete rail support pad. No separate or additional payment will be made for reinforcement, doweling, leveling,
or quality control testing.
REMOVE AND REINSTALL EXISTING SIGNS
Comply with Section 00905 of the Standard Specifications.
Measurement shall be on a lump sum (LS) basis, by actual count for each sign support removed and reinstalled
per Section 00905.80.
Payment shall be on a lump sum basis, for each sign support removal and reinstallation per Section 00905.90
including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to remove
signs, supports, and support footings, and to either dispose of or salvage to Owner as directed.
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ENGINEERING DIVISIONPUBLIC WORKS DEPARTMENTDateDescriptionNo.ByRevisions and AddendumsDESIGN:DRAWN:CHECK:BID ON:PROJ. NO:SHEETOFFILE NOONE INCH (REF)PORTLAND OFFICE5500 MEADOWS ROAD, SUITE 250LAKE OSWEGO, OR 97035503.419.2130 OFFICE 503.639.2710 FAXREGISTEREDPROFESSIONALENGINEER90044PEOREGONEXPIRES: DEC 31, 2024 MPAEGIL.RELLI2A M,0R0201
CITY OF TIGARDCOOK PARK BOARDING DOCK REPLACEMENTEXISTING CONDITIONSTUALATIN RIVEREXISTING BENCHEXISTING MOTORIZED BOATRAMP TO BE PROTECTEDEXISTING ASPHALTPATH TO RIVER(OLW)(OHW)EXISTING PARKING LOTEXISTING WOOD PILES2S1W14DTL5002S1W14DB TL100BASKETBALL HOOP0SCALE 1" = 30'60'30'EXISTING BENCHESPROPERTY LINEBIKE RACKEXISTING ASPHALT PATHEXISTING BOARDING DOCK TOBE REMOVED BY OTHERSEXISTING PILES TOBE PROTECTEDEXISTING CONCRETEABUTMENT TO BEPROTECTED1. PRIOR TO ANY SITE CLEARING, GRADING, OR CONSTRUCTION, THE VEGETATED CORRIDOR AND WATERQUALITY SENSITIVE AREAS SHALL BE SURVEYED, STAKED, AND TEMPORARILY FENCED PER APPROVEDPLAN. DURING CONSTRUCTION, THE VEGETATED CORRIDOR SHALL REMAIN FENCED AND UNDISTURBEDEXCEPT AS ALLOWED BY R&O 19-5, SECTION 3.06.1, AS AMENDED BY R&O 19-22 AND PER APPROVED PLANS.2. BASE SEDIMENT AND EROSION CONTROL MEASURES TO BE INSTALLED PRIOR TO GROUND DISTURBINGACTIVITIES. CONTRACTOR TO OBTAIN A PUBLIC IMPROVEMENT INSPECTION (PFI) PERMIT AND CALL IN FORAN INITIAL EROSION CONTROL INSPECTION.3. CLEAN WATER SERVICES AND/OR CITY SHALL BE NOTIFIED 72 HOURS PRIOR TO THE START ANDCOMPLETION OF ENHANCEMENT/RESTORATION ACTIVITIES.4. PROTECT FISH AND FISH HABITAT PER SECTION 00290.34 OF THE 2021 OREGON STANDARDSPECIFICATIONS FOR CONSTRUCTION.NCONSTRUCTION NOTES:INSTALL "BOAT RAMPCLOSED" SIGN AT STARTOF CONSTRUCTIONINSTALL TEMPORARY FENCEFOR CONSTRUCTIONSTAGING: 136 FTCONTROL POINT DATA TABLEPOINT #NORTHINGEASTINGELEVATIONDESCRIPTION40001125695.327322553.391116.70SET COPPER PLUG "WESTLAKE CONSULTANTS"40002125393.715322330.105113.41SET COPPER PLUG "WESTLAKE CONSULTANTS"40003125496.468322500.876111.90SET MAGNETIC NAILCP #40003CP #40002CP #40001Docusign Envelope ID: EF3DA85F-A8B1-41BB-99B9-32A9BCD043CC
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