Topper Industries I, LLC ~ 32500040
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: 32500040
Contract Start Date: 11/26/2024 Contract End Date: 05/06/2025
Contract Title: Cook Family Park Boarding Dock Fabrication & Delivery
Contractor Name: Topper Industries I, LLC.
Contract Manager: Jeff Peck
Department: PW-ENG
Contract Costs
Original Contract Amount: $178,455.00
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $178,455.00
Procurement Authority
Contract Type: Public Improvement
Procurement Type: Formal ITB >$150K
Solicitation Number: 2025-09
LCRB Date: n/a
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY 24 4208000-56005 92068-CONS $178,455.00
Contracts & Purchasing Approval
Purchasing Signature:
Comments: New contract
DocuSign Routing
Route for Signature Name Email Address
Contractor Bruce Abraham bruce@topperfloats.com
City of Tigard Steve Rymer stever@tigard-or.gov
Final Distribution
Contractor Bruce Abraham bruce@topperfloats.com
Project Manager Jeff Peck jeffp@tigard-or.gov
Project Manager Shauna Large shaunal@tigard-or.gov
Buyer Toni Riccardi tonir@tigard-or.gov
Cook Family Park Boarding Dock Fabrication & Delivery 32500040 Page 1
1. GOODS TO BE PROVIDED
City will purchase the fabrication and assembly of five (5) OSMB designed aluminum docks including
delivery and offloading of the dock system from Seller in accordance with:
A. The specifications (including any addenda) attached hereto as Exhibit A and incorporated herein
by this reference; and
B. The Seller’s bid or proposal dated November 14, 2024, which was accepted by the City, is attached
hereto as Exhibit B and incorporated by this reference;
2. EFFECTIVE DATE AND DURATION
This Agreement will become effective upon the date of execution and will expire, unless otherwise
terminated or extended, on May 6, 2025. All goods under this Agreement will be delivered and completed
prior to the expiration of this Agreement.
3. COMPENSATION
A. City hereby agrees to pay Seller One Hundred Seventy-Eight Thousand Four Hundred Fifty-
Five and No/Dollars ($178,455.00) for the goods, including shipping and handling. The total
purchase price will be considered payment for all Sellers’ obligations described in this
Agreement. Seller will invoice City the purchase price upon the delivery of the goods. City will
have thirty (30) days after receipt of invoice in which to make payment. Seller will be
responsible for the payment of all taxes associated with the sale of the goods. City is exempt
from the payment of Federal Excise Tax.
B. Payment by City releases City from any further obligation for payment to Seller 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.
C. Seller must make payments promptly, as due, to all persons supplying labor or materials for
the performance of the work provided for in this Agreement (ORS 279B.220).
Contract Number 32500040
CITY OF TIGARD, OREGON
PURCHASE AGREEMENT
COOK FAMILY PARK BOARDING DOCK FABRICATION & DELIVERY
THIS AGREEMENT, made and entered into this 2nd of December 2024 by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called City, and Topper Industries I, LLC, hereinafter
called Seller, collectively hereinafter called the “Parties.”
RECITALS
WHEREAS, Seller has submitted a bid or proposal to City for the sale of certain goods; and
WHEREAS, Seller is in the business of selling certain goods and is aware of the purposes for which City will use
the goods; and
WHEREAS, City and Seller wish to enter into a contract under which City will purchase the goods described in
Seller’s bid or proposal;
THEREFORE, The Parties agree as follows:
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D. Seller may not permit any lien or claim to be filed or prosecuted against the City on any account
of any labor or material furnished (ORS 279B.220).
E. Seller will pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167 (ORS 279B.220).
F. Seller will pay all contributions or amounts due the Industrial Accident Fund from the Seller
or any subcontractor (ORS 279B.220).
G. If Seller fails, neglects, or refuses to make prompt payment of any claim for labor or services
furnished to Seller 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 Seller. The payment of the claim in this manner does not relieve Seller or their
surety from obligation with respect to any unpaid claims.
H. Seller 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.
I. 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. DELIVERY
Seller will deliver the goods no later than May 6, 2025. Seller agrees to provide goods as specified in
Exhibit A.
All deliveries are F.O.B. destination with all transportation and handling charge paid by the Seller, unless
specified otherwise in the Solicitation Documents or Exhibit A. Responsibility and liability for loss or
damage remain with the Seller until final inspection and acceptance, when responsibility passes to the City
except as to latent defects, fraud and Seller’s warranty obligations.
5. INSPECTIONS
Following delivery, City will inspect the goods and will notify Seller immediately of any damaged items.
Goods furnished under this Agreement are subject to inspection and test by the City at times and places
determined by the City. If the City finds goods furnished to be incomplete or not in compliance with the
Contract, the City, at its sole discretion, may either reject the goods, require Contractor to correct any
defects without charge, or negotiate with Contractor to sell the goods to the City at a reduced price,
whichever the City deems appropriate under the circumstances. If Contractor is unable or refuses to cure
any defects within a time deemed reasonable by the City, the City may reject the goods and terminate the
Contract in whole or in part. Nothing in this section is to in any way affect or limit the City’s rights as a
buyer, including the rights and remedies relating to rejection under ORS 72.6020 and revocation of
acceptance under ORS 72.6080
6. INSTALLATION
Unless the Specifications (Exhibit A) or the bid/proposal (Exhibit B) require installation by Seller, the
City will install the goods purchased under this Agreement.
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7. TESTING AND ACCEPTANCE
Seller will test the goods prior to delivery. Seller's tests will determine whether the goods meet Seller's
specifications and are fit for the purpose intended. Acceptance or rejection of the goods purchased will
occur 10 days after delivery and inspection by City. Failure to inspect and accept or reject goods will
neither relieve Seller from responsibility for such goods, which do not meet the requirements in this
Agreement nor impose liability on City.
8. 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, Seller 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.
9. INDEMNITY, RESPONSIBLTY FOR DAMAGES
A. Seller will be responsible for all damage to property, injury to persons, and loss, expense,
inconvenience, and delay which may be caused by, or result from, any willful or negligent act or
omission of Seller, its subcontractors, or employees under this Agreement. Seller will save, defend,
indemnify, and hold harmless the City, and its officers, directors, agents, members, and employees
from all claims, suits, and actions resulting from or arising out of the willful or negligent acts or
omissions of Seller or its subcontractors, officers, agents, or employees acting under this Agreement.
B. Without limiting the generality of this section 9, Seller expressly agrees to defend, indemnify, and hold
the City, its officers, directors, agents, members, and employees harmless from any and all claims,
suits, actions, losses, liabilities, costs, expenses and damages arising out of or related to any claims that
the services or any other tangible or intangible goods delivered to the City by Seller that may be the
subject of protection under any state or federal intellectual property law or doctrine, or the City's use
thereof infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design,
or other proprietary right of any third party; provided, that the City will provide Seller with prompt
written notice of any infringement claim.
C. Seller has control of the defense and settlement of any claim that is subject to subsection A. or B.;
however, neither Seller nor any attorney engaged by Seller will defend the claim in the name of the
City, nor purport to act as legal representative of the City or any of its officers, directors, agents,
members, and employees, without first receiving from the City Attorney, in a form and manner
determined appropriate by the City Attorney, authority to act as legal counsel for the City, nor will
Seller settle any claim on behalf of the City without the approval of the City Attorney. The City may,
at its election and expense, assume its own defense and settlement in the event that the City
determines that Seller is prohibited from defending the City, or is not adequately defending the City's
interests, or that an important governmental principle is at issue and the City desires to assume its
own defense.
D. Seller agrees to indemnify, defend, save and hold harmless the State of Oregon and its officers,
employees, and agents (“indemnitee”) from and against any and all claims, actions, liabilities, damages,
losses, ore expenses arising from a tort (as now or hereafter defined in in ORS 30.260), caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Seller or any
of the officers, agents, employees, or subcontractors of the Seller (“claims”). It is the specific intention
of the parties that the Indemnitee shall, in all instances, except for claims arising solely from the
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negligent or willful acts or omissions of the Indemnitee, be indemnified by the Seller from and against
any and all Claims.
10. INSURANCE
Seller and its subcontractors must maintain insurance acceptable to City in full force and effect
throughout the term of this Agreement. Such insurance will cover all risks arising directly or indirectly
out of Seller's activities or work hereunder, including the operations of its subcontractors of any tier.
The policy or policies of insurance maintained by the Seller and its subcontractor will provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Seller will obtain, at Seller’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:
Coverage Limit
General Aggregate $3,000,000
Each Occurrence $2,000,000
B. Commercial Automobile Insurance
Seller must also obtain, at Seller’s expense, and keep in effect during the term of the Agreement,
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.
C. Workers’ Compensation Insurance
The Seller, its subcontractors, if any, and all employers providing work, labor or materials under
this Agreement are subject employers under the Oregon Workers' Compensation law and will
comply with ORS 656.017, which requires them to provide workers' compensation coverage that
satisfies Oregon law for all their subject workers, unless such employees are exempt under ORS
656.126.
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 and the State of Oregon,
its officers, employees, and agents as additional insureds with respect to this Agreement.
Regarding Additional Insured status under the General Liability policy, Agency requires
Additional Insured status with respect to liability arising out of ongoing operations and completed
operations, but only with respect to Grantee/Recipient's activities to be performed under this
Grant Agreement. The Additional Insured endorsement with respect to liability arising out of
Grantee/Recipient’s ongoing operations must be on, or at least as broad as, ISO Form CG 20 10
and the Additional Insured endorsement with respect to completed operations must be on, or at
least as broad as, ISO form CG 20 37.
E. Insurance Carrier Rating
Coverages provided by the Seller 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.
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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. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Seller 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.
G. Primary Coverage Clarification
The parties agree that Seller’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.
H. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability
policies required by this Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
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 Seller’s liability hereunder.
Notwithstanding said insurance, Seller 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 and bills will be made in writing and may be given by personal delivery, mail or 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 TOPPER INDUSTRIES I, LLC.
Attn: Jeff Peck Attn: Bruce Abraham
Address: 13125 SW Hall Blvd
Tigard, OR 97223
Address: 1333 Glenwood St.
Woodland, WA 98674
Phone: (503) 718-2466 Phone: (360) 841-0451
Email: jeffp@tigard-or.gov Email: bruce@topperfloats.com
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
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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 Seller. If City terminates this Agreement pursuant to this paragraph, City will pay Seller
for services rendered to the date of termination.
15. TERMINATION WITH CAUSE
A. The City may terminate this Agreement effective upon delivery of written notice to Seller, or at such
later date as may be established by City, under any of the following conditions:
i. 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.
ii. 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.
iii. If any license or certificate required by law or regulation to be held by Seller, its subcontractors,
agents, and employees to provide the services required by this Agreement is for any reason denied,
revoked, or not renewed.
iv. If Seller becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against
Seller, if a receiver or trustee is appointed for Seller, or if there is an assignment for the benefit of
creditors of Seller.
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. The City by written notice of default (including breach of contract) to Seller, may terminate the whole
or any part of this Agreement:
i. If Seller fails to provide services called for by this Agreement within the time specified, or
ii. If Seller 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 the City, fails to correct such failures within ten (10) days of such other period
as the City may authorize.
The rights and remedies of the City provided above relate to defaults (including breach of contract) by
Seller are not exclusive and are in addition to any other rights and remedies provided by law or under this
Agreement.
If the City terminated this Agreement under paragraph (b), Seller 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 the City dues to breach of contract by Seller. Damages for breach
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of contract include those allowed by Oregon law, reasonable and necessary attorney fees, and other costs
of litigation at trial and upon appeal.
16. HAZARDOUS MATERIALS
Seller 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 Seller to provide the City with the
following information: all applicable Safety Data Sheets, the identity of the chemical/s, how Seller will
inform employees about any precautions necessary, an explanation of any labeling system, and the safe
work practices to prevent exposure. In addition, Seller must label, tag, or mark such goods.
17. FORCE MAJEURE
Neither City nor Seller 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.
18. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Seller 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.
19. NON-DISCRIMINATION
Seller 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.
20. ERRORS
Seller 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.
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21. EXTRA (CHANGES) WORK
Only the City’s Project Manager for this Agreement may change or authorize additional work. Failure of
Seller 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 Seller will not be entitled to compensation for
the performance of unauthorized work.
22. WARRANTY AGAINST DEFECTS
Seller warrants that the goods will remain free of defects in material and workmanship for a period of
one (1) year commencing the date of City's acceptance. Such defects will include any failure of the goods
to meet Seller's specifications or the description contained in Seller's product literature. If within the
warranty period City discovers such a defect, Seller will repair or replace the defective item or component
free of charge. If after three attempts Seller is unable to eliminate a defect, or if Seller does not commence
the warranty work within the time allowed in this paragraph, City will have the right to return the defective
item or component and, at City's option, either obtain a full refund of the purchase price of the goods or
obtain a refund, in an amount to be agreed upon by the parties, of the portion of the purchase price of
the goods that is allocable to the defective item or component. Seller will commence all warranty work
within 48 hours of receiving notice of the warranty claim. All warranty work will be performed at City's
facilities unless otherwise agreed by the parties. If warranty work is performed at Seller's facilities, Seller
will pay all shipping costs, including the cost of return shipment. This warranty will apply to all repair
parts furnished by Seller and all repairs performed by Seller.
23. INTELLECTUAL PROPERTY WARRANTY
Seller warrants that none of the goods, the use thereof or any of the applications, processes or designs
employed in the manufacture thereof infringes the valid claims of any letter patent, patent application,
copyright, trade secret or any other property right of any third party. If as a result of any suit or proceeding
alleging an infringement of any of the foregoing property rights City's use of the equipment is enjoined,
Seller will at no cost to City either obtain for City a license to use the goods or modify the goods so as to
avoid the infringement without any degradation in performance. If Seller cannot obtain such a license
and cannot so modify the equipment, Seller will promptly refund to City the purchase price, less a
reasonable amount for depreciation.
24. MAINTENANCE SERVICES
Unless otherwise provided in the Specifications (Exhibit A) or the Bid or Proposal (Exhibit B), the City
will have the right to maintain the goods purchased under this Agreement. Repairs or replacement of
parts by the City or its agents or maintenance contractors will not alter or void any warranties for
equipment or goods purchased under this contract.
25. ASSIGNMENT OF MANUFACTURER’S WARRANTIES
Seller hereby assigns all warranties of the manufacturers of components of the goods to City to the extent
such warranties are assignable. In the event Seller must obtain the consent of the manufacturer or take
other action before any such warranties are assignable, Seller will do so prior to delivery.
26. 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.
27. 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.
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28. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Seller will comply with all applicable federal, state and local laws, rules and regulations applicable to the
work in this Agreement.
29. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor’s bid or 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.
30. AUDIT
Seller will maintain records for a period of three (3) years from the date of final delivery to assure
conformance with the terms and conditions of this Agreement and to assure adequate performance and
accurate expenditures within the contract period. Seller agrees to permit City, the State of Oregon, the
federal government, or their duly authorized representatives to audit all records pertaining to this
Agreement to assure the accurate expenditure of funds.
31. 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.
32. COMPLIANCE WITH TAX LAWS
Seller represents and warrants that Seller 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.
Seller’s failure to comply with the tax laws of this state or a political subdivision of this state before the
Seller 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 Seller have caused this Agreement to be executed by its duly authorized
officials.
CITY OF TIGARD TOPPER INDUSTRIES I, LLC.
By: __________________________________
By: __________________________________
Name: _______________________________
Name: _______________________________
Title: ________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
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Sales Manager
12/3/2024
Josh Burnham
12/4/2024
Steve Rymer
City Manager
Cook Family Park Boarding Dock Fabrication & Delivery 32500040
EXHIBIT A
ITB 2025-10 Cook Family Park Boarding Dock
Fabrication & Delivery
See next page.
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City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | (503) 639-4171 | www.tigard-or.gov
City of Tigard
Invitation to Bid (ITB)
COOK FAMILY PARK BOARDING DOCK
FABRICATION & DELIVERY
ITB 2025-10
Bids Due: Thursday, November 14, 2024 – 2:00 p.m. local time
Pre-Bid Meeting:
A pre-bid meeting will not be held for this solicitation.
Bidder must submit one (1) electronic copy in portable document format (pdf).
Submit Bids To: ContractsPurchasing@tigard-or.gov
Direct Questions To: Toni Riccardi, Purchasing Specialist
Phone: (503) 718-2518
Email: tonir@tigard-or.gov
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Formal ITB rev 10/29 Page 2
GENERAL INSTRUCTIONS AND CONDITIONS
SPECIAL CONDITIONS – Where special conditions are
written in the Invitation to Bid (“ITB”), these special conditions
shall take precedence over any conditions listed under the
“General Instructions and Conditions".
COST OF PROPOSAL – This Invitation to Bid does not
commit the City to pay any costs incurred by any Bidder in the
submission of a bid or in making necessary studies or designs
for the preparation thereof, or for procuring or contracting for
the services to be furnished under the ITB.
CANCELLATION – The City reserves the right to modify,
revise, or cancel this ITB. Receipt and evaluation of bids or the
completion of interviews do not obligate the City to award a
contract.
REJECTION OF BIDS – The City may reject any bid not in
compliance with all prescribed public bidding procedures and
requirements and may reject for good cause any or all bids upon
a finding of the City that it is in the public interest to do so.
MINOR INFORMALITIES – The City reserves the right to
waive any or all minor informalities that may arise in relation to
this bid process if it is found to be in the City’s best interest to
do so.
AWARD OF CONTRACT(S) – The City Reserves the right
to award contracts for any or all parts of the services solicited
under this ITB.
CITY OF TIGARD BUSINESS LICENSE/FEDERAL
TAX ID REQUIRED –
The City of Tigard Business License is required (TMC 5.4).
Successful Bidder shall obtain a City of Tigard Business License
prior to initiation of a contract and commencement of work.
Successful Bidder must present a completed W-9 form to the
City at the time of contract execution.
CONFLICT OF INTEREST - A Bidder filing a bid hereby
certifies that the bid is made in good faith without fraud,
collusion or connection of any kind with any other Bidder of
the same invitation to bid, that the Bidder is competing solely
on its own behalf without connection or obligation to, any
undisclosed person or firm, that Bidder is not a City
official/employee or a business with which a City
official/employee is associated, and that to the best of its
knowledge, Bidder, its employee(s), its officer(s) or its
director(s) is not a City official/employee or a relative of any
City official/employee who: i) has responsibility in making
decisions or ability to influence decision-making on the contract
or project to which this proposal pertains; ii) has or will
participate in evaluation, award or management of the contract
related to this bid; or iii) has or will have financial benefits in the
contract to which this bid pertains. Bidder understands that
should it elect to employ any former City official/employee
during the solicitation period or the term of the contract then
the former City official/employee must comply with applicable
government ethics and conflicts of interest provisions in ORS
Chapter 244, including but not limited to ORS 244.040(5)
and/or ORS 244.047.
PUBLIC RECORDS – Any information provided to the City
pursuant to this ITB will be public record and subject to public
disclosure pursuant to Oregon public records laws (ORS 192).
Any portion of a bid that the Bidder claims as exempt from
disclosure must meet the requirements of ORS 192.345(2). The
fact that a Bidder marks and segregates certain information as
exempt from disclosure does not mean that the information is
necessarily exempt. The City will make an independent
determination regarding exemptions applicable to information
that has been properly marked and redacted. Information that
has not been properly marked and redacted may be disclosed in
response to a public records request. When exempt information
is mixed with nonexempt information, the nonexempt
information must be disclosed.
Prior to any disclosure requested under Public Records Law,
the City will give Bidder prompt written notice of such request.
Bidder shall have seven (7) days from the date it receives such
notice to provide evidence of a statutory exemption under
applicable law sufficient to protect the information or obtain a
protective order or equivalent from a court of competent
jurisdiction. If information is disclosed pursuant to public
records request, the City will take reasonable steps to limit any
such provision to the specific information requested. Bidder’s
failure to timely respond to the notice provided by the City may
result in the disclosure of the requested information. The
Bidder further agrees to hold harmless, defend, and indemnify
the City for all costs, expenses, and attorney fees that may be
imposed on the City as a result of appealing any decision
regarding the Bidder’s records.
INTERGOVERNMENTAL COOPERATIVE
PURCHASING – The successful Bidder submitting this bid
agrees to extend identical prices and services under the same
terms and conditions to all public agencies. Quantities stated in
this ITB reflect the City of Tigard usage only. Each participating
agency shall execute its own contract with the successful Bidder.
Any Bidder(s), by written notification included with their bid,
may decline to extend the prices and terms of this solicitations
to any and/or all other public agencies.
These “General Instructions and Conditions" are not to
be construed as exclusive remedies or as a limitation upon
rights or remedies that may be or may become available
under ORS Chapter 279.
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ADVERTISEMENT FOR BIDS
CITY OF TIGARD
COOK FAMILY PARK BOARDING DOCK FABRICATION & DELIVERY
The City of Tigard will receive sealed Bids from qualified firms submitted electronically to the Contracts and
Purchasing Department at contractspurchasing@tigard-or.gov until 2:00 pm local time, November 14, 2024 for
the Cook Family Park Boarding Dock Fabrication & Delivery project. Bids will be opened and publicly read aloud
immediately after the Bid Closing time and date via conference call at (971) 203-2862. Conference ID 240 417
805#
The project generally consists of the following:
1. Fabrication and assembly of five (5) OSMB designed aluminum docks.
2. Delivery and offloading of the dock system.
Basis of Bid Award shall incorporate all items identified on the Bid Schedule.
No Bid will be considered unless fully completed in a manner provided in the Bid Packet. Facsimile Bids will not
be accepted nor will Bids be accepted after the stated Bid Closing. Bids received after the Bid Closing will be
returned to the submitting firm unopened after a Contract has been awarded for the required services.
Bid Documents may be downloaded from the City of Tigard website at www.tigard-or.gov/bids. The City may
reject any Bid not in compliance with all prescribed public bidding procedures and requirements, and may reject
for good cause any or all Bids upon a finding of the City if it is in the public interest to do so.
All questions about the meaning or intent of the Bid Documents shall be submitted to the Contracts and
Purchasing Department at contractspurchasing@tigard-or.gov with any questions. Clarifications to the Bid
Documents will be made by addenda only. Oral statements may not be relied upon by Bidders and will not be
binding or legally effective.
Published: Daily Journal of Commerce
Date: Monday, November 4, 2024
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TABLE OF CONTENTS
GENERAL INSTRUCTIONS AND CONDITIONS 2
ADVERTISEMENT FOR BIDS 3
SECTION 1 – INTRODUCTION 5
SECTION 2 – BID PREPARATION, SUBMISSION, AND OPENING 5
SECTION 3 – GENERAL INFORMATION 7
SECTION 4 – BID EVALUATION AND AWARD 7
SECTION 5 – SPECIAL PROVISIONS 8
ATTACHMENT A – BIDDER’S CHECKLIST 9
ATTACHMENT B – BID FORM 10
ATTACHMENT C – BID CERTIFICATIONS 13
ATTACHMENT D – PURCHASE AGREEMENT 14
ATTACHMENT E – OREGON STATE MARINE BOARD SPECIFICATIONS 31
DRAWINGS ALUMINUM BOARDING DOCKS – FABRICATE & DELIVER
COOK PARK RAMP, TUALATIN RIVER – MILE 9.8
CITY OF TIGARD
SHEETS: 01 THROUGH 20 .............................................................................................................DATED: 8/15/24
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SECTION 1 – INTRODUCTION
The City of Tigard is soliciting sealed bids from firms qualified to provide fabrication, assembly, delivery, and
offloading of five (5) OSMB designed aluminum docks.
Bidder shall furnish all labor, equipment, tools, and materials necessary to fabricate and assemble the aluminum
boarding docks and all other miscellaneous dock items as shown in the drawings. Bidder will complete work in
accordance with the Oregon State Marine Board Specifications and drawings, and terms of the Purchase
Agreement. Project work may commence upon issuing of a contract and Notice to Proceed, and must be
completed by May 6, 2025. Removal of the old docks and installation of new docks are not part of this project.
The deadline for bid submittal is 2:00 pm local time, Thursday, November 14, 2024. Bids will be submitted
electronically to the Contracts and Purchasing Department at contractspurchasing@tigard-or.gov prior to the
closing date and time. Bids will be opened and publicly read aloud immediately after the Bid Closing time and
date via conference call at (971) 203-2862. Conference ID 240 417 805#
No Bid will be considered unless fully completed in a manner provided in this Bid Packet. Facsimile Bids will not
be accepted nor will Bids be accepted after the stated Bid Closing. Bids received after the Bid Closing will be
returned to the submitting firm unopened after a Contract has been awarded for the required services.
The City may reject any bid not in compliance with all prescribed public bidding procedures and requirements
and may reject for good cause any or all bids upon a finding of the City if it is in the public interest to do so.
SECTION 2 – BID PREPARATION, SUBMISSION, AND OPENING
2.1 Timeline for Selection
The following dates are proposed as a timeline for this project:
Submission of bids due at 2:00 p.m. November 14, 2024
Award of Contract November 21, 2024
Notice to proceed – work begins December 2, 2024
Delivery and offloading of Docks May 6, 2025
The City reserves the right to modify this schedule as necessary.
2.2 Bid Submittal and Opening
The Bid must be received no later than the date and time specified in item 2.1 above, to the email address
ContractsPurchasing@tigard-or.gov. Bids must be typewritten or prepared in ink. Bids shall be submitted on
the Bid Form (Attachment B) furnished by the City and must be signed in ink by an authorized representative
of the bidder.
Bids will be considered time stamped and received by the City when they are received in the email inbox listed
above. To assure that your Bid receives priority treatment, please mark the email subject line as follows:
ITB 2025-10 – Cook Family Park Boarding Dock Fabrication & Delivery
Bidder shall include their name and address and contact information in the body of the email. It is the Bidder’s
responsibility to ensure that Bids are received prior to the stated submission deadline. Late Bids may not be
considered, it is the City’s sole discretion to accept or reject a late Bid.
Bids will be opened and publicly read aloud immediately after the Bid Closing time and date via conference call
at (971) 203-2862. Conference ID 240 417 805#
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2.3 Conformance to Bid Requirements
Bids must conform to the requirements of the Invitation to Bid, which are made a part of the awarded contract.
All requested attachments (references, descriptive literature, etc.) must be submitted with the bid and in the
required format. Bid prices must be for the unit indicated on the bid. Failure to comply with all requirements
may result in bid rejection.
2.4 Bid Modification
Modifications or erasures made before bid submission must be initialed in ink by the person the person signing
the bid. Bids once submitted may be modified in writing before the time and date set for bid closing. Any
modifications shall be prepared on company letterhead, signed by an authorized representative, and state that the
new document supersedes or modifies the prior bid. Modification must be submitted to the email address
ContractsPurchasing@tigard-or.gov and identify the bid and closing date. Bidders may not modify bids after bid
closing time.
2.5 Bid Withdrawals
Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by
the Contracts and Purchasing Office prior to bid closing time. Requests to withdraw bids must be submitted to
the email address ContractsPurchasing@tigard-or.gov, be marked “Bid Withdrawal” and shall clearly state bid
title.
2.6 Protest of Specifications or Terms
A Bidder who believes any specifications or terms detailed in the bid packet and sample contract (Attachment D)
are unnecessarily restrictive or limit competition may submit a protest in writing, to the Contracts and Purchasing
Office. A protest may be submitted via email. Any such protest shall include the reasons for the protest and shall
detail any proposed changes to the specifications or terms. The City shall respond to any protest and, if necessary,
shall issue any appropriate revisions, substitutions, or clarification via addenda to all interested Proposers.
To be considered, protests must be received at least seven (7) days before the Bid submission deadline. The City
shall not consider any protest against award due to the content of bid specifications or contract terms submitted
after the established protest deadline. All protests should be directed to the attention of Toni Riccardi,
Purchasing Specialist at tonir@tigard-or.gov.
2.7 Interpretations and Addendum
Questions and requests for clarification regarding this Invitation to Bid must be directed in writing, via email to
the person listed below. The deadline for submitting such questions/clarifications is seven (7) days prior
to the proposal due date. An addendum will be issued no later than 72 hours (or 48 hours in unique
circumstances) prior to the bid closing to all recorded holders of the ITB if a substantive clarification is in order.
Toni Riccardi
E-mail: tonir@tigard-or.gov
Phone: (503) 718-2518
Only questions answered by formal written addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
2.8 Recycled Products
Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the
contract set forth in this document.
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2.9 City’s Project Manager
The City’s Project Manager for this work will be Jeff Peck, Project Manager, who can be reached by phone at
(503) 718-2466 or by email at jeffp@tigard-or.gov.
SECTION 3 – GENERAL INFORMATION
3.1 Definitions
For the purpose of these specifications, the following definitions shall apply:
A. City shall mean City of Tigard;
B. Contractor shall mean the lowest responsive and responsible bidder awarded the contract;
C. Contract or Contract Documents the written agreement between the City and Contractor which
includes the Purchase Agreement, Invitation to Bid, any Addenda issued, describing the work to be
done and the obligations of the parties.
3.2 Form of Contract
After the award, the Contractor and the City will enter into a Purchase Agreement incorporating the terms and
conditions of the ITB document and the bid response. Bidders taking exception to any of the contract terms shall
submit a protest or request for change in accordance with Section 2.3 “Protest of Specifications or Terms” or
their exceptions will be deemed immaterial and waived.
3.3 Term of Contract
The Purchase Agreement will become effective upon notice to proceed issued by the City, fabrication and delivery
is expected to be completed by May 6, 2025.
3.4 Resident Bidder
ORS 279C.365(h) requires every bidder on a public improvement contract to indicate whether they are a resident
bidder as defined in ORS 279A.120. A resident bidder means a bidder that has paid unemployment taxes or
income taxes in this state during the 12 calendar months immediately preceding submission of the bid and has a
business address in the State of Oregon. The City requires all Bidders, regardless of the form of the subsequent
contract, to indicate if they are a resident bidder or not (see Attachment C). As a public contracting agency, the
City shall prefer goods or services that have been manufactured or produced in this state if price, fitness,
availability and quality are otherwise equal.
SECTION 4 – BID EVALUATION AND AWARD
4.1 Bid Validity Timeframe
All bids submitted shall be valid and binding for sixty (60) calendar days from bid closing date, unless extended
by mutual consent of all parties.
4.2 Evaluation Criteria
Bids will be awarded based upon the evaluation criteria detailed in the Invitation to Bid. Ordinarily, bids will be
evaluated to identify the “lowest responsive and responsible bidder” who has substantially complied with all
requirements and specifications of the ITB and who can be expected to deliver promptly and perform reliably.
4.3 Reciprocal Preference
In determining the “lowest responsible bidder,” the City shall add a percent increase to each out-of-state bidder’s
bid price which is equal to the percent given to local bidders in that bidder’s home state. This is pursuant to ORS
279A.120(2)(b).
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4.4 Delivery Delays
Significant delays in delivery may be considered in determining award if early delivery is required.
4.5 Errors in Bids
When an error(s) is made in extending total prices, the unit bid price will govern. Bidders are cautioned to recheck
their bid for possible error(s). Error(s) discovered after opening cannot be corrected and the contractor will be
required to perform if their bid is accepted.
4.6 Protest of Contract Award
In accordance with Tigard Public Contracting Rule 30.135, any adversely affected Bidder has seven (7) calendar
days from the date of the written Notice of Intent to Award to file a written protest. In order to be adversely
affected, a Bidder must itself claim to be eligible for award of the contract and must be next in line for award.
The written protest must be timely and specify the grounds upon which the protest is based. The City will not
entertain a protest submitted after the time period established in this section.
SECTION 5 – SPECIAL PROVISIONS
5.1 Bidder Qualifications
Per Attachment E, Oregon State Marine Board Specifications, Section 05150.10 Description of Work, (a)
Experience.
5.2 Requests for Solicitation Documents
Informational Plans and Specifications are available online at www.tigard-or.gov/bids.
a) Bids - Bidders must obtain Solicitation Documents online at www.tigard-or.gov/bids.
b) The City requests interested bidders submit a Solicitation Response Form to ensure receipt of all
addendum and notifications pertaining to this Invitation to Bid. The City will add the name of the
interested Entity to the Plan Holders List. Bidders are cautioned that only Solicitation Documents
obtained from the City of Tigard may be used to submit Bids.
c) Standards and Specifications - The work embraced herein shall be done in accordance with the
following standards and specifications: Attachment E, Oregon State Marine Board Specifications.
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EXHIBIT B
SELLERS’S BID OR PROPOSAL
See next page.
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EXHIBIT C
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 (City) and their sub-recipient(s) and
contractor(s) (Seller) 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 grant
agreement.
III. Federal Terms and Conditions:
Without limiting the general requirement 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 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;
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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:
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
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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 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.).’
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
Docusign Envelope ID: 88BF91D4-5DE6-46C4-8D5C-B8FADB8BE633
Cook Family Park Boarding Dock Fabrication & Delivery 32500040
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.
Docusign Envelope ID: 88BF91D4-5DE6-46C4-8D5C-B8FADB8BE633
Cook Family Park Boarding Dock Fabrication & Delivery 32500040
EXHIBIT D
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned 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 $10,000 and not
more than $100,000 for each such expenditure or failure.
The undersigned certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Seller 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 Seller’s Authorized Official
Name (Printed)
Title
Date
Docusign Envelope ID: 88BF91D4-5DE6-46C4-8D5C-B8FADB8BE633
Sales Manager
12/3/2024
Josh Burnham
Cook Family Park Boarding Dock Fabrication & Delivery 32500040
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 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.
Docusign Envelope ID: 88BF91D4-5DE6-46C4-8D5C-B8FADB8BE633