Loading...
ODOT - Parks & Recreation - Cook Park Expansion OREGON STATE 'HIGHWAY DIVISION HIGHWAY.BUILDING SALEM, OREGON , 97310 September 26, 1975 CEIV ED sEp z o 1975 CITY OF, TIGARD Board o issioners Wash g County' ourthouse Hill b , OR 97123 Re: Cook 'Park Expansion (Development) BOR Project 41-00468 Enclosed is warrant 15185 for $4,562.49 payable to Washington County. This i.s ,a final payment of the Bureau of Outdoor Recreation's share of costs. incurred by the City of Tigard on the above project.. The State-Couoty-City agreement dated April 21, 1973, states that the County is reponsible for transferring these funds to the City. If you have any questions about this payment, please contact me. ,1 Vernon E. Skoog BP Co oller B Cavanaugh Staff Auditor JC:pl lure cc: Bruce'.Clark, Recorder E-123 SUMMARY SV"T ,- SERVICES, RAILROAD & UTILIT" :INVO.ICES OREGON STATE HIGHWAY-.DIVLSION Salem, Ore-g-04 9'��-Y, 19 7s" Playable To: 1t1,4,W1AJ G'dG!/PT.4�a�lJG — h�/GG J'Bo,E'O, a2 9 7/z 'lease give warrant, Project: )Hwy. Agr. to Jim Cavanaugh orj Hacek for Contractor: /mac ' Contract Dickpayee*. mailing .to p Agreement or Work Order No. : ,���, Estimate - Period Covered: Yr2Z2 7��� Project No.. : Ral? Invoice or Description Total Amount Previous Present Billing # p To Date Amount Amount - i I ` O 3 0 3 S9 3G Sy Totals . . . . . . . . . . . Retained % . . . . . . . . . . . . . . Total Payments . . . . . . . . . . 6S 'Pre ed & Approved Charge: -yS-P?-s97-/-3 Y9 Charge: - u i pr _ / Charge: App oved by: Charge: Responsi a Supervisor Charge: Credit: Form 81-734-1359 (11-73) RECEIVED INSPECTION REPORT O BOR Report O Pre-award 2 0 19/5 FLI State Report 0 PeriodicCiTY OF TIGARD Development Date: 18 Aug., 1975 ® Final Project Project Number 41 11 OP567 Name C ook Park Dev. Phase 2 Project Total Fund Period 2-22-73 to 12-31-75 Cost $21 ,180 Support $10,590 Date Work Percent Work Completion Started May 1973 Completed 100 Date Fall 1974 Inspection Curtis Baker Accompanied Made by by Nick Hiabert, City of Tigard Evaluate degree and extent of application in the following project elements: A B C D A. Negative, or not applicable B. Below acceptable standards C. Meets or exceeds minimum standards D. Well above minimum standards in all respects - - - 1. Work is substantially in accord with the project proposal x 2. There is strict adherence to the approved plans and specifications X 3. Work progress is effective and timely x 4. Standard workmanlike practices are followed NA 5. Only quality materials have been used X 6. Construction methods are efficient and economical NA 7. Adequate health and safety measures are provided X 8. Supervision and inspections are by qualified personnel NA 9. Workers and visitors are protected during construction NA 10. Work schedules are well programmed under a long-range-plan A 11. Natural features of the area are well protected X 12.. Equal Employment Opportunity clause requirements are observed X 13. There is no evidence of unlawful discrimination practices Varrative (explain items checked in columns A and B) Project-4s-complete. nn Wnrk undpr way. ,ontinue general narrative on reverse side. Include photographs when appropriate. On-site inspection was performed on 21 Jana 75 (date) Administrative Reviews (check those performed) L� Project Files ❑ Force Account Schedule Contracts ❑ Local Administrative Procedures Briefly summarize inspection. List in detail adverse findings.and any actions recommended. This project was for additional work in Cook Park on the Tualatin River in Tigard. The I work included roadway and parking lot improvement, drainage in the playground area, a main- tenance building, foot paths, irrigation, potable water lines, landscaping, picnic facilitie J and other minor work. The city did not extend the gravel parking lot near the boat launchin r ramp, and that work is to be deleted by amendment. All other work was completed as original y planned, and all work is of high quality. While this project was underway, the city acquired another parcel of land north and wes of the present park, and plans are now being made for development of that area. The present park is heavily used. Other than the proposed amendment mentioned above, there were no project amendments. �- Acceptance of the project is recommended. :opies to: BOR Reviewing Officer :LO: Roger Blair Bruce Clark, City of Tigard R RECEp _ Washington Count SEP 27 105 INSPECTION REPORT. D BOR Report O Pre-award pc State Report CITY OF. TIGAROF-1 Periodic Development Date: Apri 1 28,' 1975 :c�xl Final Project Project Number 41-00468. (O.P. 567) Name Cook Park, Phase 2 Development Project Total Fund Period 2-22-73 to 12-31-75. Cost $ 21 ,180 Support $ 10,590 Date Work Percent Work Completion Started 2-22-73 Completed bate 10-10-74 Inspection Accompanied Made by Curtis Baker by Nick Hiebert, City of Tigard Evaluate degree and extent of application in the following project elements: A B C D A. Negative, or not applicable B. Below acceptable standards C. Meets or exceeds minimum standards D. Well above minimum standards in all respects 1. Work is substantially in accord with the project proposal X 2. There is strict adherence to the approved plans and specifications X I 3. Work progress is effective and timely X i 4.- Standard workmanlike practices are followed A i 5: Only quality materials have been used ' X -- t 6. Construction methods are efficient and economical NA 7 Adequate health and safety measures are provided X 8. Supervision and inspections are by qualified personnel NA 9. Workers and visitors are protected during construction NA 10. Work schedules are well programmed under a long-range plan NA 11. Natural features of the area are well protected X 12. Equal Employment Opportunity clause requirements are observed X 13. There is no evidence of unlawful discrimination practices X Narrative (explain items checked in columns A and B) s t cnff lgte, no work underlay I Item 2. see narrative_-repor_t. --- Continue general narrative on reverse side. Include photographs when appropriate. On-site inspection was performed on January 21 . 1975 (date). Administrative Reviews (check those performed) Project Files ❑ Force Account Schedule ❑".Contracts Local Administrative Procedures Briefly summarize inspection. -List in detail adverse findings.and any actions recommended. This ro•ect was for the improvement of Cook Park in a number of locations. The work included roadwky, parkingareas, irrigation, a picnic area, footpaths, storm drainage stem extension of the= otable water system, some landscaping and expansion of the rest- -room to add a maintenance building. The footpaths do not follow the routes shown on the plans. Instead of going straight across the middle of the wilderness area of the park, the route is along the — edges, of that area. The route is higher, keeping it above the backwater from the river. for longer periods, and therefore usable more of the time. The plans called for a larger parking lot at the boat ramp. Instead, they enlarged the parki.ng. areas at the ball fields. The increase in use at the ball fields has been more than anticipated. —Attendance at the 2 ball fields, constructed in the area irrigated under Project 41-00159, estimatedwas at 500 per night. With only 80 parking spaces after the enlargement, the park is still short of parking space. Acceptance of the project as constructed is recommended. Copies to: BOR Reviewing Officer CLO• Ro er Blair 000110 W.AS1- ANG`. ,-"- rie► Yt/�1 e e mace February 5, 1975 To Board of Commissioners RE �CEJ!/Eb From Daniel 0. Potter, County Adm i n.i strat i ve.'Of f i cer FEB 2 19/J CITY OF TIGARD Su6jecr Approval of and Authorization to Sign Certification of .Work for Cook :Park Expansion. with State Mghway Commission Your Board has been asked to approve a certification of work for Cook Park Expansion (OP 567) . With this certification-, the city of Tigard may submit . a final billing to the: State Park and Recreation Section to be reimbursed 50. percent of the total cost of the project. This certification has been approved as to form by County Counsel and staff has verified completion of work. REM VUM: Board approval of and authorization for chairman to sign. Certification of Work for Cook Park Expansion (OP 567): APPROVBD WASHING3TON COUNT'! BOARD OF COMMISSIONERS Respectfully submitted, bIINUTE ORDER#...,/. ...—Q../?............ AAIB. . - .75 ...... fa John Daniel 0. Potter County Administrative Officer CLERK OF THB BOARD �•• r'PR•rt Date: December 20, 1974 Project Title: Cook Park Fxpansion BOR N o . 41-00468 Wash Cpunty No. OP 567 Certification of Work The undersigned hereby certifies that all work performed has been of the highest standards and that we have complied with all required Federal, State, and local statutes applicable to the development and construction of the subject project. (City-or District When Applicable) Washington COUNTY, by City of .Tigard and through its Board of Coma ss toners by and through its City Council--, By ayChai man/ B on C. Wilson, Jr. cr- By City: ecorder Commissioner By Commissioner APPROVED WASHINGTON COUNTO BOARD OF COMMISSIONERS MINUTE ORDER #.....J •/J o` ......r DATE .- ".. ._.:... � �.. ?ZAAD�ease return to: State Recreation Director CikR\O� TyIB BVA1tD . State Parks and Recreation Section _. . State Highway Building _.. . �.. Salem, Oregon 97310 �•- BUREAU OF OUTDOOR RECREATION, LAND & WATER CONSERVATION FUV AGENCY BILLING FORM Agency City of Tigard Co. -Wash Project Title hook Park-FxnansIon-_)evP] enement Project Billing Period 5-17-74 to Project No.41 OQ468 Billing No. 2 —�-- 12-20-74 (OP567) Costs Incurred Since Costs Previously Total Costs Breakdown of Project Costs Last Billing Billed To Date Salaries & Wages $ 2P566- 58 $ 3v882-05 $ 6,448.63 Contract Payments 4t780.00 2,925.70 7,705.70 Consultant Services -0- 150.00 150.00 Equipment Rental (owned) 274.98 1, 200.00 1, 474.98 equipment Rental (outside) 89. 50 84. 50 1.74.00 Materials & Supplies 1, 716. 31 3,618.83 5, 334. 14 Approved Pre-Agreement Costs -0- -0- -0- Relocation Costs -0- -0- -0- TOTAL COST $ 9, 427- 37 $ 11,861.08 $ 21, 288. 45 Less Costs in Excess of Agreement ( 108. 45 ) ( -0- ) ( 108-45 ) NET COST $ 9, 318-92 $ 11 ,861.08 $ 21, 180.00 Less Agency's Share (k net cost) 4,659-46 5,.930. 45 10, 590.00 Less Fed. Funds Used (Non-BOR) -0 �. -0- -0- Amount 0-Amount to be Billed to BOR $ 4, 659 . 46 $ 5;930.45 $ 10, 590.00 I certify that this billing is correct and just; is based upon actual costs** incurred by this agency; does not include any portion of costs chargeable to other Federal programs; and that no revenue sharing or other Federal funds have been used for any of the local matching share (except as shown above). I also certify that the work and services are in accordance with the Bureau of Outdoor Recreation approved project agreement including amendments thereto; that progress of the work and services under the project agreement is satisfactory and consistent with the amount billed; and .that this agency has complied with all applicable Federal , State and local statutes. I further certify that this agency is not involved in any court litigation or lawsuits wherein it is alleged by private parties of the United States that persons were, on the grounds of race, color or national origin, excluded from participation in, denied bene- fits of, or otherwise subject to discrimination ' in the program or facilities of this agency. Recorder-Treasurer Signature of Agency's Authorized Official. Title Date * In-kind contributions (donated labor, materials, etc.) may not be included unless fully. documented in the project application and approved in advance by BOR. F o OREGON STATE " '• ' _ HIGHWAY DIVISION July 23, 1974 1 Board of County Commissioners . Washington County Courthouse Hillsboro, OR 97123 . Re:• Cook Park Expansion - BOR Project 41-00468 Enclosed is warrant 2589 for $5,930.54 payable to Washington County. - This is a partial payment of the Bureau of Outdoor Recreation's share of costs incurred by the City of Tigard on the above project. The State-County-City agreement dated April . 24, 1973, states that the County is responsible for transferring these funds -to the City.- If ity.-If you have any questions about this payment, please contact me: Vernon E. Skoog Controller By J Cavanaugh Staff Auditor JC.;pl. . e cc: ,;Doris Hartig, Recorder E•123 SUMMARY SHEET - SERVICES, RAILROAD A UTILITY INVOICES OREGOW-STATE HIGHWAY DIVISIC Salem, Or ►n 19 Payable To: �t X) ,'1/,-A)G'7-o/ C'o'r/t/ l 6' e,!i r,+te4,,re eZ XhdIE! O 0,4�? 97/� 3 Project: ��-e-'•� px� .�-t.� „� u�„ e,.M Contractor: 1. Please give warrant to Jim Cavanaugh or Dick Hacek for Agreement or Work Order No. : y/ay/�3 mailing to payee. Period Covered: 3 -//-7/7, Project No. : 6o�le S//-z1o616,f Invoice or Total Amount Previous Present Billing # Description To Date Amount Amount Totals . . . . . •5930. .5- s- Retained . . . . . . . . . ----------- - - -- - - -- Total Payments . . . . . . . .. . . . . . ,Pa.s .�� 9.30, s- 6s- Pre red & Appro d by: Charge: -1's"99'-•S"�7- �•� S;9'30 �y .a- Charge: u Charge: Approved by: Charge: Respons b e Supervisor Charge: Credit: Form 81-734-1359 (11-73) I ID,AND�WATER CONSERVATION. JD AGENCY BILLING FORM Washington County Cook Park Expansion AgencXcity of Tigard Project Title Development Project No. 41-0046EF P. Project Billing Period 4-27-73 to 5-1777.4 Billing No. BREAKDOWN OF COSTS INCURRED FINAL OR TOTAL PROJECT COSTS SINCE LAST BILLING BILLING TO DATE Salaries and Wages $ 3, 882. 05 $ 3, 882. 05 Contract Payments 2, 92 ..70 2, 925. 70 Consultant Services 150. 00 150. 00 Equipment Rental (Owned) 1 , 200.D0 1 , 200. 00 Equipment Rental (Outside) 84. 50 84. 50 Materials and Supplies 39618. 813 3, 618. 83 Real Property Other (Explain Below) TOTAL $ 11 , 861. 08 $ 11, 861. 08 Less Costs in Excess..of Agreement ($ ---- ($ --- ) Net Cost of Project $ 11, 861. 08 . $ 11 , 861. 08 Agency's Contribution (1/2 Net Cost) $ 5, 930. 54 $ 5, 930. 54 Fund Contribution (I/2 Net Cost) $ 5, 930. 54 $ 52930. 54 "I certify that the billing is correct and just and is `based upon actual payment(s) of record by the participant State or political subdivision; that payment from the Federal Government has not been received; that the work and services are in accordance with the Bureau of Outdoor liecreation approved project agreement including amendments thereto; and that progress of the work and services under the project agreement is satisfactory and is consistent with the amount milled. 1 further certify that theparticipant State political subdivision or public agency is not involved in any court litigation or lawsuits wherein it is alleged by private parties of the.United `Mates that persons were, on the grounds of race, color, or national origin, excluded from parricipation in, denied benefits of, or otherwise subject to discrimination in the outdoor rec- reation program or facilities of.the State, political subdivision or public agency. 71 FrnaIurc o F.,, ,ncy ut 57r Tiz__ fficial itlatm"-` C7sa„ Cv r►-rs� Ad aro WASHINGTON COUNTY ADMINISTRATION BUILDING—150 N. FIRST AVENUE HILLSBORO, OREGON 97123 BOARMOF COMMISSIONERS PLANNING DEPARTMENT BILL MASTERS,Chairman MARTIN R. CRAMTON JR., Director VIRGINIA DAGG May 29, 1974 (503) 648-8761 . RAY MILLER ROD ROTH BURTON C.WILSON,JR. Mr. Walter J . McCallum State Recreation Director { Parks and Recreation Branch j State Highway Building Salem, Oregon 97310 f Dear Wait, Washington County's current Land and in'ater Conservation Fund apportionment should be allocated in the following priority: I . Cornelius - development overrun (41-00435) $ 397.22 2.. Tigard - Cook Park expansion (41-00468)4 ,273.00 3. Forest Grove - East Side Lincoln Park acquisition 20,000.00 4. Tualatin Hills Park d Rec. Dist. - 124th St. Site acquis. 13,000.00 5. Tualatin- Tualatin River Site acquisition 10,250.00 6. Beaverton —Bikeways acquisition 9,325.00 7. Washington County - Scoggin development 12,000.00 8. Hillsboro - 24th and Grant development 8,686.75 9. Sherwood - Tennis- court development 5,000.00 $82,931 .97 The first two projects have been previously approved and should be finalized by matching funds in the above amounts. These requests totally obligate Washington County's apportionment of $82,931 .97. Attached for your information is a summary of the total requests for monies from the Land and Water Conservation Fund in Washington County. In the event that the Fiscal Year- 1975 estimate is revised upward or for some other reason additional monies become available, funding should proceed according to the following prior- ities: 1 . Tualatin Hills Park andRec. Dist. .- 90th St. site acquis. $ . 9,000.00 2. Forest Grove - Lincoln Park Expansion (east side) 16,000.00 3. Tualatin Hills Park and Rec�. D st. - Pioneer Road and 150th acquisition8,000.00 7­33,000.00 If the total amount of extra funds is more than $33,000 or is not enough to fund a complete acquisition project, the remainder should be spent for development to be shared equally by Tigard, Hillsboro, and Beaverton. Funding of any of these supplemental projects, of course, will be subject to the sponsors' having submit- ted applications prior to the /August I deadline. If you have any questions regarding this allocation, please contact me. inc r©Iy, RPB:jlw og lair, WaS Liaison Officer • IINITCD STATES State U!1 'in (wasrri r„1 tun (;uu„ty) I)OARTMENT OF 1uc. INTERIOR ---------- 1t,rreau of Outdoor Recreation Project Amendnwnt No. 41'0016111-1 AMENDMENT TO PROJECT AGREEMENT 4 THIS AMENDMENT TO Project Agreement No. 41-00468 i:r her,-by 11,1114• ,11141 agreed nlion by the United States of America, acting t rrout,h the Dirrrtor of th,, voreau of Outdoor Recreation and by the State of Oregon l,r,r:+u.rnt to th,, Land and Water Conservation Fund Act of 19�`7tiyStat.K��'T`"(1 ►c,•t) The State and the United States, in mutual consideration of the promines made by re i n and in the agreement of which this is an amendment, do promise a;; Vust the above-mentioned agreement is amended by adding the following: Delete work on parking lot at boat ramp. In all other respects the agreement of which this is an amendment, and the 1,1antr and specifications relevant thereto, shall remain in full force and rf'fect . In witness whereof the parties hereto have executed this amendment 4111 of tile date entered below. EUI' UN-'IED STATES Or AMERICA STATE _ 1 � l Oregon State For the Regional Director Title BY "�"rL� itoreau Of Outdoor Recreation Signatu United States Dcoartment of Gary A. ott the Interior r�.�<<• �'``' `j �� J State Recreation Director Title 1",K 8-92a INT11580-74 OREGON STATE • HIGHWAY DIVISION HIGHWAY BUILDING • SALEM, OREGON • 97310 April 26, 1973 City of gard City 1. Tigar , Oregon 97223 Att ration: Doris Hartig City Recorder Gentlemen: Attached for your records is a fully executed copy of an agreement with Washington County, City of Tigard and the Oregon State Highway Coowlission concerning Cook Park Expansion (O.P.. 567) in connection with the Bureau of Outdoor Recreation. Fully executed copies of this agreement are being sent to Washington County and to Stephen Telfer, City Administrator of Tigard. One has been retained for the C'1 ' ission's files. Very truly yours, C. W. Head, Secretary OREGON STAZRIGRITBst (HWAY COMMISSION BY R. Id. GRAHAM R. M.- Graham, Assistant Secretary ks Attachment cc Stephen Telfer V City Administrator .;City Hall Tigard, Oregon 97223 JSI:jw 6/5/67 AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 173 , by and between the STATE OF OREGON, by and` through its State highway Commission, hereinafter called "State" ; wAski G-ratJ, COUNTY, a political subdivision of the State of Oregon, by and through its t3omy or- COMMISSIONIzgs hereinafter called "County" ; and crry of 'T16�tctCJ , a M1 HIC►PAL CORPORAYION of the State of Oregon, by and through its C rd C,0Q Q1L , hereinafter called " City W I T' N E S S E T H: WHEREAS, city proposes to undertake the following outdoor recreation project : l COOK PARK gXPAH510K Co in County, Oregon, hereinafter called the "project, " and, to that end, proposes to perform work and acquire land, if any is to be acquired, as set out and described in the PERoTecr APPI_1CA'C10"-- I>EVCL0PME,tA-V attached hereto, marked "Exhibit A" and by this reference made a part hereof; and WHEREAS, federal matching funds for acquisition and de- velopment of outdoor recreation areas are available under the Land and water Conservation Fund Act of 1965, 78 Stat . .897 (1964 ) , as administered by the Bureau of Outdoor Recreation, U.S. Department of the Interior; and WHEREAS, it is the intent of the parties .hereto that City acquire land and perform development work, as set out in Exhibit A, in accordance with the Land and Water Con- servation Fund Act of 1965, any other applicable federal and state statutes, and the requirements of the Bureau of Outdoor Recreation; that County apply to `State for federal funds with .which to r?imburse City for 50% of the latter's cost of acquiring such land and performing such works that State apply to the Bureau of Outdoor Recreation for such funds and, upon receipt thereof, pay such funds to County; and that County, in turn, pay such funds to „ity NOW, TIIEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties ►ereto as follows JSI:jw 6/5/67 1. City shall acquire land and perform the work of the project in accordance with Exhibit A. As hereinafter used, "work of the project" shall include both acquisition of land for and development work of the project, and "cost of the project" shall include both costs of acquisition of land for and development work of the project. 2. The estimated total cost of the project is $ 21, 190.00 . City shall, in the first instance, pay all the costs of the project. Upon completion of the project, City shall submit to County and County shall in turn submit to State an itemized statement of the actual total cost of the project. 3. Upon receipt from County of the itemized statement of the actual total cost of the project and ccmpletion of the project in accordance with the terms of this agreement, State shall apply to the Bureau of Outdoor Recreation for one-half the estimated total cost of the project or one-half the actual total cost of the project,, whichever is the lesser, and,. upon. receipt . thereof from the Bureau of Outdoor Recreation, shall pay such. amount to County. County shall in turn pay such amount to _ City if City has completed the work of the project in accordance with the terms of this agreement. It is understood by the parties hereto that where the actual total cost of the project exceeds the estimated total cost of the project, State shall not be obligated to apply to the Bureau of Outdoor Recreation for, or to pay to County, any amount in excess of one- half such estimated total cost . County shall not be obligated to pay _ City: any moneys other than those received from State under this agreement . . It is further understood that City shall be solely responsible for any excess of the actual total cost over the estimated total cost of the project . State may, where acceptable to the Bureau of Outdoor Recreation, apply for federal funds prior to completion of the project : in such case, State shall pay to County, and County to _ City , such amounts from federal funds for com- pletion by _ City of such portions of the project as may be agreed upon by Cites_ , County, State and the Bureau of Outdoor Recreation. 4 . iJpon completion of the project, the following parties shall perform the following duties : The City shall be responsible for operation anis maintenance of said facility or .public outdoor recreation. -2- JaI- jw 6/5/67 S. It is understood by the parties hereto that no funds of State or County are, under this agreement, committed to payment of any costs of the project, and that obligations to apply for federal funds as well as the right of City to receive reimbursement for any costs of the project shall extend only to those portions of the project, including the estimated costs thereof, approved by the Bureau of Outdoor Recreation. 6. If City fails to perform the work of the project, County shall perform such work and City shall reimburse County for its costs therein, less federal funds received by County for such work. If both City and County fail to perform any of the work of the project, and State is forced thereby, because of commitments made by State to the Bureau of Outdoor Recreation, to perform any work necessary to bring the project to a useful state of completion (as determined by State and. the Bureau of Outdoor Recreation), City and County shall be jointly and severally obligated to reimburse State for all State's costs in performing such necessary comple- tion work, 1Pss. any federal funds received by State for such work. 7. . County and City , and each of them, hereby agree to comply at all times with the LAND. AND WATER CONSERVATION.. FUND PROJECT AGREEMENT - General Provisions, attached hereto, marked "Exhibit B" and by this. reference made a part hereof, in accordance with paragraph 5 of part A (Definitions) of Exhibit B. 8. Citi shall complete the work. of the project by _�,2 + 75 19 9 , _ City shall sign this agreement during a duly authorized meeting of its _ c jry GaU NGI L and ;ounty shall sign chis agreement during a duly authorized session of its ,DQaen OF: Qci.P itgc,coH.ER.S _ IN WITNESS WHEREOF, the parties hereto have set their hands -3- and affixed their seals as. of the day and year first above written. STATE OF OREGON, by and through is ate H hway C is APPROVED AS TO FORM: y LEONARD I. LINDASState Parks Superintendent Assistant Attorney General and Counsel WAS N(HG'rON County, by APPROVED AS TO FORM and through its 1368►jz p p F A SISTA T C_:UNTY COUNSEL By FOR WASHINGTON COUNTY; ORE. Chairman*4udge Byj�L ATTEST:. r cording, ecretary By APPROVED WASHINGTON COUNTM Commissioner BOARD OF COMMISSIONERSS MINUTE ORDER#......7, .-. b p _ CSF `C(GARD DATE....... /..Z...-.7, by and BI'•••••••••�--aERK­0F'TWB0'ARD through its C I Yy Co U N G 1 L_ By, ATTEST: JSI:jw:ja Rev. 12/27/72 Exhibit A UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Outdoor Recreation Land and Water Conservation Fund Project Agreement State OREGON (Washington County) Project Number 41-00468 (O.P.567) Project Title Cook Park Expansion Data of Approval to Date of Approval to Period Covered by this Agreement 12/31/75 Project Period 12/31/75 Project Scope (Description of Project) Continue development of Cook Park on the Tualatin River by improving an interior park road, building 2 parking lots, extendin; the irrigation system, clearing and constructing a picnic area, constructing footpaths, installing s storm drain system, extendin; the potable water system with 2 drinking fountains, constructing a border Dlantin along the property line and exvsndin- the existing restroom building for maintenance storage use. The project includes design work by City of Tigard forces, done in 1972 at a cost of $2,665. 41-067-0000 OR-Washington-N/A i� Project Stage Covered by this Agreement Not Applicable. Project Cost The following attachments are hereby Total Cost s 21,180 incorporated into this agreement: Fund Support 50 / 1. General Provisions (Dece:aber,1965) Fund Amount $ 10,590 2. Project Proposal 41-00468 Cost of this . Stage $ 21,180 g, j; Assistance this Stage $ 10,590 4. BOR 8-92 . (Rsv. Mar. 1967) i i The United States of America, represented by the Director, Bureau of Outdoor Recreation, 'United States Department of the Interior, and the State named i above (hereinafter referred to as the State), mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto and hereby made a part hereof. The United States hereby promises, in consideration of the promises made by the State herein, to obligate to the State the amount of money referred to above, and to tender to the State that portion of the obligation which is required to pay the United States' share of the costs of the above project stage, based upon the above percentage of assistance. The State hereby promises, in consideration of the promises made by the United States herein, to execute the project described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this reement before it was sig�nned by the parties hereto: That this agreement is accord with the approved project proposal which is hereby incorporated by reference. The State shall transfer to the County of Washington for subsequent transfer to the City of Tigard all funds granted hereunto necessary for the undertaking and completion of this project on a reimbursable basis. This agreement is not subject to the provisions of Section B.2(d) of the attached General Provisions, dated December, 1965. i i In witness whereof, the parties hereto have executed this agreement as of the date entered below. �j THE UNITED STATES OF AMERICA STATE By OREGON Signature State All . By r (7 Title ignature Bureau of Outdoor Recreation i � United States Department of David G. Talbot 1. the Interior Name ' Date c a2 - ;72 State Parks Superintendent i (Title) { Exhibit B LAND AND WATER CONSERVATION FUND' PROJECT AGREEMENT General Provisions ' A. Definitions 1. The term "BOR" as used herein means the Bureau of Outdoor Recreation, United States Department of the Interior. 2. The term "Director" as used herein means the Director of the Bureau of Outdoor Recreation, or any representative lawfully delegated the authority to act for such Director. . 3, The term "Manual" as used herein means the Bureau of Outdoor Recreation Manual. 4. The term "project" as used herein means that project or project stage which is thesubject of this agreement. 5. The term "State" as used herein means the State which is a party to this agreement, and, where applicable, the political subdivision or public agency,to which funds ere to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall-also apply'to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement.that it is.to apply solely to the State. B. Project.Execution 1. The State•shall execute' and complete the approved project in accordance with the time schedule set forth in the project proposal. Failure to render satisfactory progress or to complete this or any other project which is the subject of Federal assistance under this program to the satisfaction of the Director may be cause for the suspension of all obligations of the United States under this agreement. 2. Construction,contracted for by the State shall meet .the following requirements: (a) Contracts,for construction in excess of-$10,000 shall be awarded through a process of competitive bidding. Copies of all bids and a copy of the contract shall be retained for inspection by the Director. (b) The State shall inform all bidders on contracts for construction in excess of $10,000 that Federal funds are being used to assist in construction. (c) Writteh change orders to contracts for construction in excess of $10,000 shall be issued for all necessary changes in,the facility. Such orders shall be made a part of the project file and shall be kept available for audit. (d) The State shall comply with the regulations of the Secretary of Labor contained in 29 CFR 3 (1964), made pursuant to 40 U.S.C. Sec. 276(c) (1964), which require from each contractor or subcontractor a weekly wage payment statement. Such regulations are hereby incorporated into this agreement by reference. (e) The State shall inc•)rporate, or cause to be incorporated, into all construction contracts the following provisions: "During the perfurmance of this contract, the contractor agrees as follows: 11(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment.or recruitment;advertising; layoff or termination; rates of pay or other forms,of. compensation; and selection for training, including apprenticeship. . The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive.consideration for employment without regard to race, creed, color, or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be.provided by the agency contracting officer, advising the labor unign or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24,1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2 "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. and will permit access to his books, records, and accounts by the contracting agency and the S,:oretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect- to any subcontract ur purchase order as the contracting agency may direct as a means of enforcing such provisional including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, 1 t gat_on —.f a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." (f) The State shall (1) comply with the above provisions in construction work carried out by itself, (2) assist and cooperate actively with the BOR and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract rovisions pnd with the rules, regulations, and relevant orders of the Secretary of Labor, (3� o4tain and furnish to the BOR and to the Secretary of Labor such information as they may require for the supervision of such compliance, (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violatiop of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the BOR pursuant to Part II, Subpatt D, of Executive Order No. 11246 of September 24, 1965, and (6) refrain from entering into any contract with a contractor debarred from Government contracts under Part I1, Subpart D, of Executive Order No. 11246 of September 24, :965. 3. The State shall secure completion of the work in accordance with the approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 4. The State shall permit periodic site visits by the Director to insure work progress in accordance with the approved project, including a final inspection upon project completion. S. In the event funds should not be available for future stages of the project, the State shall bring the project to a point of usefulness agreed upon by the State and the Director. b. All significant deviations from the project proposal shall be submitted to the Director for prior approval. 7. Development plans and specifications shall be available for review by the Director upon request. 8. The acquisition cost of real property shall be based upon the appraisal of a competent appraiser. The reports of such appaaisers shall be available for inspection by the Director. q. If any tract or parcel of, or interest in, real property subject to being purchased under the provisions of this agreement, but not identified herein, is found by the Director for any reason not to be suitable for Federal assistance, all obligations of the United States hereunder shall cease as to such parcel, tract or interest. (,. 11r,!Jtr-L Costs Project costs eligible for .assistance shall be determined upon the basis of the criteria set forth in the Manual. D. Project Administration 1. The State shalt prompt.l, submit such reports as the Director may request. Property and faciliti•,s acquired or developed pursuant to this agreement shall be available for inspection by the hire(tor upon request. 3,. The Stall shati us.v any hinds received by way of advance payment frozii the United States under the terms ul' this ai!rcema•nt �oole.ly for the project or project stage herein described. 4. Interest earned on funds .granted' pursuant to this agreement shall not be available for expenditure by the State, tut shall be disposed of according.to instructions issued by the Director, 5. Because one of the basic 11ijectives of the Land and Water Conservation Fund Act is to enhance and increase the, Nation 's outdoor recreation resources, it is the intent of the parties hereto that recipi'eiits of assistancu will use moneys granted hereunder for the purposes of this program, and that assistance granted !'riom the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a p;,rticipanb's outdoor recreation. It is intended by both parties hereto that assistance from the nand will he ;added to, rather than replace or be substituted for, State and Luca] outdoor recrcat iou funds.'. E. Project Termination 1. The State may unilaterally rescind this agreement at any time prior to the commencement of the project. After project commencement, this agreement may be rescinded,modified, or amended only by mutual agreement. A project shall be deemed commenced when the State makes any expenditure or incurs any obligation with respect to the project. 2. Failure by the State to comply with the terms of this agreement or any similar agreement may be cause for the auspension of all obligations of the United States hereunder. 3. Failure by the`State to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the United States hereunder if, in the judgment of the Director, such failure was due to no fault of the State. In such case, any amqunt required to settle at minimum costs any irrevocable obligations properly incurred shall.be.eligible for assistance under this agreement. 4. Because the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quantity and quality of public'outdoor recreation facilities and resources which are available to the, people of the State and of the:United States, and because such benefit exceeds town immeasurable and unascertain able extent the amount of money furnished by the United States by way of assistance under the terms of this agreement, the State agrees that payment by the Stater to the United States of an amount equal to the amount of assistance extended under this agreement by the.United,ftates would be inadequate compensation to the united States for any:breaeh"by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement. F. Conflict of Interests 1. No official or employee of the State who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract or subcontrac 2. No person performing services for the State in connection with this project shall have a financial or other personal interest other than his employment or retention by the State, in any contract or r subcontract in connection with this project. No officer or employee of such person retained by the State shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the State, and such officer, employee or person has not participated in the acquisition for or on behalf of the State. 3. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The State shall be responsible for enforcing the above conflict of interest provisions. G. Hatch Act No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part pursuant to this agreement shall take part in any of the political acti4ity proscribed in the Hatch Political Activity Act, 5 U.S.C. Sec. 118k (1964), with the exceptions therein enumerated. H. Financial Records 1. The State 'shall.maintain satisfactory financial accounts, documents, and records, and shall make them available to the BOR, the Department of the Interior, and to the General Accounting Office for auditing at reasonable times. Such accounts, documents, and records shall be retained by the State for three years following project termination. .t 4 2. The State may use any generally accepted accounting system, Provided such system meets the minimum requirements set forth in the Manual. I. Use of Facilities 1. The State shall not at any time convert any property acquired or developed pursuant to this agreement to other than the public outdoor recreation uses specified in the project proposal attached hereto without the prior approval of the Director. 2. The State shall operate and maintain, or cause to be operated and mpintained, the property or facilities acquired or developed pursuant to this agreement in the mimaer and according to the standards set forth in the Manual. J. Nondiscrimination 1. The State shall not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this agreement. 2. The State shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, 78 Stat. 241 (1964), and with the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17 (1964). 3. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence. K. Compliance The State shall be responsible for compliance with the terms of this agreement by any political subdivision or public agency to which funds are transferred pursuant to this agreement. Failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. L. Manual The State shall comely with the policies and procedures set forth in the Bureau of Outdoor Recreation Manual. Said Manual is hereby incorporated into and made a part of this agreement. AitachajeDt l (I)ec. 1965) u, Form BURS-92 O.P. 567 APPROVED BOB NO.042-R1596 UNITED STATES DEPARTIT OF THE INTERIOR FOR BOR USE ONLY Q., mow.• O Kn nn .".rAl1 r'wT�I1 q. — ....f:�.,.. ..F OUT vO...r ..�...,c., �..�� State or Territory Project Nu; LAND AND WATER CONSERVATION FUND Ore on PROJECT PROPOSAL Geographic Code Congressional District - 1 ❑ Acquisition Development Latitude 45 OL4—, 50 Longitude 122 °45 50 " ❑ Planning ❑ Combination Date Received + PART I 1. Project Title Cook Park Expansion 2. Cou nty Washington 3. Brief description of project Continue development of Cook Park on the Tualatin River by improving an, interior park road, building 2 parking lots, extending the irrigation system, clearing and constructing a picnic area, constructing footpaths, installing a storm drain system, extending the potable water system with 2 drinking fountains, constructing a border planting along the property line and expanding the existing restroom building for maintenance storage use. The project includes design work by City of Tigard forces, done in 1972 at a cost of $2,665. 4. Applicant's name, address and phone number 5. a. Total project costs $ 21,180 Stephen Telfer, City Administrator Federal assistance requested 50 % $ 10,590 City Hall o. Source(s) of remainder of fundse Tigard, Oregon 97223 City of Tigard Tel. (503) 639-4171 6. Other Federal Grant? ❑ Yes 19 No 7. Previous L&WCF Grant? , ® Yes ❑ No 8. ❑New If"Yes,"attach an explanation of nature of the Project Number 41-00159 grant, indicate whether independent or supple- �Addition mental, and give name of the granting agency. 9. SITE ORIENTATION 10. Time-Distance Classification 11. Census Classification ❑ Marine A, ❑ Neighborhood Zi Urban ❑ Rural i ❑ Lakes, including reservoirs B. Community/Town 12. Page numbers from State Plan: ;• 13 Rivers or streams C. ❑ Metropolitan/Regional II—F-2.3rd Edition Supplement "! 1 ❑ Non-aquatic D. ❑ Overnight � • If appropriate,attach a narrative 1970 E. ❑ Weekend/Vacation ex la aY p. '',' Appen ,�ist.2,Standards & Need J1, , j 13. Ownership: i 'r 13 Fee Simple ElLess than Fee(Specify) 1972 If leased, is lessor: ❑ Federal ❑ State/Local Government ❑ Private Original term in years If any outstanding rights are to be held by others,attach an explanation of how they will affect the project. • FOR USE BY STATE LIAISON OFFICE ONLY 1.��. On behalf of the Governor, I reque this application be considered for financial assistance under the terms of the Land and Water ! Idir ation Fund Act of 1965 (78 Stat. 897),as amended,the Bureau of Outdoor Recreation Manual,and other pertinent <<1es and policies of the BOR and the Department of the Interior.- State Parks Supeiilitazdent Signature Title Date r _ FOR STATE USE BOR 8-163(July 1970) O.P. 567 FORM APPROVED BOB NO.042-R1596 UNITED STATES :Ah i." 4T OF THE INTERIOR BOR Project Number Stage BUREAU OF OUTDOOR RECREATION 1 Land and Water Conservation Fund Project Application Initial ❑Revised �Fina! PART II June 30 1972 Development Cost Analysis Date Facility Estimated No. '„ Estimated Facility Estimated No. Estimated of Units Cost of Units c Cost Units No FL Units No FL v A Family Campground Sites J Winter Sports Acres 1 Tent Sites Each 1 Ski Lift Each 2 Trailer/Camper Site Each 2 Ski Slope Acres iI X I Support Facilities 3 Ski Jump Each B Group Campground Capacity 4 Sled/Toboggan Run Each X ISupport Facilities 5 Ice.Rink Each 1 C Picnic Ground Sites X Support Facilities 1 Family Site Each 9 10 2 900 K Hunting Acres 2 Group Shelter Each 1 Habitat Improv. Acres X Support Facilities 7,125X Support Facilities O D Sports and Playfields Acres L Fishing 1 General Purpose Each 1 Pier Each 2 Baseball/Softball Each 2 Stream Improve. Miles 3 Football/Soccer Each X I Support Facilities 4 Tot Lot Each M Impoundments Acres 5 Tennis Court Each N Other 6 Multi-purpose Court Each 7 Rifle/Pistol Range Each 8 rap/Skeet Field Each 9 chery Range Each X Support Facilities E Golf Course Acres 1 Regular #holes 2 Par 3 #Holes 3 Driving Range Each X Support Facilities F Swimming Pool Each 1 Pool Each X Support Facilities 2 Wading Pools Each 1 Site Improvement Acres 4 15 2 (1500 ) 3 Spray Pools Each 2 Landscaping Acres 1 30 2 (2000 ) X upport Facilities 3 Fencing Feet ( ) G Beach Miles 4 Sewer Systen(Storm) Feet 1100 35 2 (1550 ) X Support Facilities 5 Visitor Info/Ser. Bd. Each ( ) H Boating 6 Comfort Station Each ( ) 1 Launch Ramp Each 7Concession Building Each ( ) 2 Berths Each Maint/Stor.Adm.Bd. Each 1 20 2 ( 750-) ;.�.• 3 Boat Lift Each 9 Equipment Each ( ) ' X Support Facilities 10 Road Miles .15 20 1 (7200 ) f' I Trails Miles 11 Parking #Spaces 48 20 1 (3400 ) 1 Hiking Miles 0.5 40 2 490 12 Electrical System Feet ( ) i 2 Horse Miles 13 Water System Feet 00 20 2 ( 725 ) 3 Bicycle Miles 1 14 Signs Each ( ) 1. ' 4 Motorized Miles Y Project Administration 5 Nature Miles 1 State Administration +, ? X upport Facilities 2 Design and Engineer 2 2,665 ' 't'!I 3 Construction Super. 'Code 1.Contract; 2. Force Account ITotal Estimated Cost 21,180 • !, �,! FOR STATISTICAL PURPOSES ONLY j The answer to the following questions will not affect consideration of the project for funding. If you don't have firm r,V r estimates, make a reasonable guess. If you cannot make a reasonable guess, leave blank f' '1 a. Estimated annual operations and maintenance costs of the facilities added by this project $ b. Estimated annual visitation of the facilities added by this project P j !'! c. Estimated annual revenue from entrance or user fees $ d. Estimated life in years of each line item for which assistance is requested.Answer in Column FL above. FOR FINAL BILLING ONLY hereby certify that construction has been completed in accordance with plans and specifications on file,that the plans and specification are consistent with the scope of the project approved by the Bureau of Outdoor Recreation,and the numbers of units and costs shown above are the actual numbers of units and costs of the completed work. Signature of State Liaison Officer Date BOR 8-165(JuIv 1970) I Section III, Attachment COOK PARK, TIGARD Cook Park is an existing city park on Tualatin River in Washington County. The present development includes baseball fields (irrigated under project 41-00159) access roads, parking lots, restrooms, some picnic and playground equipment, and a boat dock and launching ramp inthe river. • The primary users have been and are expected to continue to be local residents, but once in a while a tourist comes by. The total area of the. park is 36 acres, but a proposal is now being prepared to purchase some more land adjacent to the north side of the park. This project will include improvement of an existing dirt road to a paved one and construction of a parking lot near the picnic area, expansion of parking for boat trailers near the launch ramp, expansion of picnic facilities into a presently unused area, construction of trails through the wooded area of the park, construction of a landscaped berm along the north edge of the wooded area, expansion of the present restroom building for park maintenance storage space, and construction of a drainage system to eliminate a poor drainage situation in the northerly portion of the park. All of the proposed work conforms to the park master plan. The Tualatin River forms the west, south, and part of the .east boundaries of the park. The land across the river, to the south and east is the Tualatin Country Club Golf Course. The land across the river to the west is to be acquired by the City of Tualatin as a B.O.R. project (not yet submitted, our O.P. 555) for park purposes. The land north of the park is open pasture, (and noted above) and the remainder of the property on the east side is brush- and woods-covered flood- plain land. Most of the area is subject to flood.ing .in extreme high water, and no residential or commercial development could be done without extensive filling in the flood plain area. The park design and operation takes the flooding into consideration, so no damage is done. All utility lines in the park have now been placed underground, and no over- head lines are expected to be constructed under this project or in the future. The present park lighting is supplied by 19 foot wood post "Town and County" style lights. The City of Tigard will construct most of the items with city forces, and will supervise the contract construction of the rest of the items. There are no agreements, either existing or contemplated, with others for the operation or maintenance of the park, which is done by the City of Tigard. Environmental Assessment COOK PARK, TIGARD The proposed project will continue improvement of the existing park by adding roads, parking areas., trails, picnic facilities, landscaping, drainage system .and expansion of the existing restroom building for maintenance storage space. The present development in the park includes ball fields, picnic facili- ties, some playground equipment, a boat dock and launching ramp, and interior roads and parking lots. The park is located in the flood plain of the Tualatin River, which forms the west, south and part of the east boundary of the park. The park is partially flooded in extreme high water, but this is taken into account in the design of the park. The adjacent land is now mostly pasture, and could not be used for permanent structure without extensive filling in the flood plain. The land across the Tualatin River to the south and east is the Tualatin Country Club golf course. The land to the west across the river is flood plain land which is .to be acquired by the City of Tualatin for park purposes. The Tualatin River has been a very polluted stream, and a major effort is now under way to improve water quality in the stream. At one time, a moratorium was effected by the State Board of Health on all new construction in some parts of the river basin, but this was lif ted when improvements were made in several of the sewage treatment plants. There is now a regional sewage agency, and plans are being made to construct a unified regional sewage treatment plant near the mouth of Tualatin River near West Linn. Water quality has improved noticably in the river in the past few years, and further improvement is expected when the regional plant is constructed. The present schedule for construction calls for a start-up (actually used in treating) of the treatment plant in 1975. Also included in the plans for the river is a channel improvement project by the Corps of Engineers, which should cut down on the flooding problem. A date has not yet been set for a start on .the proposed Corps of Engineers project. The purpose of the project is to protect and still allow use of the park. The drainage system will lower the water content of the lawn area so it can be used and maintained earlier in the spring. The roadway work will eliminate a minor,dust problem, and tend to control traffic-use areas by better delineation of vehicle areas. The trail system will establish specific routes through the woods, thus controlling, to some extent, the areas used by humans in the natural areas. There will be no air or water pollution created by the project, and some 'improvement in air quality is expected to result from the paving of the roadway. The paving and drainage system 'might be called mitigating. measures - to correct minor undesirable existing features in .the park. The only adverse environmental effect will be to allow use by more people., but the people are expected to show up any way, so this is not an avoidable action. The long term effect is to accommodate the expected users with a minimum of damage to the nat- ural and developed features of the park. There are no irreversible effects or irretreivable loss of resources. Environmental A - ssment .. COOK PARK, TIG Page 2 The alternatives to the project are many. The alternative of doing nothing would lead to a deterioration of the existing developed and natural areas by lack of control over the users. More elaborate facilities could be constructed, but this would detract from the near-natural appearance of the present park. The present roadway could be closed and obliterated, but this would cause overcrowding in the parking areas; and cause overflow parking on the lawn areas, to the detriment of both the lawn grass and the underground sprinkler system. The presently proposed work is designed to allow the greatest use with the least damage to the park. J . . .r.r`,+ r C'T?—;-c 'r!:.r - -a-pr..: :. .1- a ...,.'z....--.e•,._7..., .i r.. ','ta_.:1.1+,.^1.4T 74 a^.. S'rn,v _[r.r.'.'.:.PT.t-r;.r' ..^c^' .. .. ...... ..rel _.,.... .._... .'-o':: '.. 6Le'P^.RT!^ or ;Ie;ens`'�, r',AFTORIA�^�_�\ . 1,-,r< twrinfrm,� "l+y�fuls�unVe i1. 'Rainier Scasiue f�OLA'1� OPw'st — Ir- IIPIA"r l� r_rV£_R �_ Z ••mupin_s„ .dates-Frect•:c1: rlora oI Cur, ` cd 5pr rgs ct by Bo-11 .� vc I . 1. STHELEKS �, �\ a�,i.a,��.. Holdma --.� �• [*q 'a [;sie Uerrion;a Roardm n aw of a� N-1iz We_ton .I i '•� tot t b _5 r miston •,� s _ tanfield Athena N hlchalem 1�J� � '-_ �HOODRIVER BtA �'°i �"' ;� Wheeler •k _ M Ariingion no Echo I t. �I TON•...._ '--rev"•yr }1QJ ..•t ,'v- -• 2 COL pra a ei ENDLETON M_in 1 'r y 101 \ 14 �10--� P ..•le ^axodee Odell B199s Blalock yxo .�7 i Imnah.a Garibaldi37 tForest �� �f �y�' Locks I THE U M A 23 Meachc 3m Wasc •� -I G L A [;•In Ic \_� m u HOOD 0R W 7'', r '/—w A r) •+' Grove (u_TNahL'.fi � DA LLES �. \ �'�; :iL. Oceanside a•esh' __ IVtR Parkdal 7 ` Q' 52 N e Q, l torp-ise I4etarts •U'<TILLA1d00 t"k-at rr - f M 0 I3` .0..,+ it ,t ;n T' ' Dufur 5 .Lexington ` P� •1 9 v Yumhill i•L .'ate tG `I►� I q '4' 300 til and P�(+.4 4. Joseph r•.�J/ W C� 5, OREGO CITYx Zi c f Grass NCpve He ser 1s3'-,,, .. to -160 9 9 ."laeo alley 30o FP U N I lv t Hobo Iss n'h.r n Estocado Gov't ( -.J T h N ss1 U^ion trtcMt NVILLE - %r 1�,��iiaco Auri Camp II Val y 7 -111, ro at ) don L. \ Neskavfin �.,� $,F6Tol�a � Maupm• � 5 , 311 Ukiah ° + �--.--.�.-.-_-� c a cdt.-,-14 .fit I urn J 1 Nor,h 'd rior. r VCIkyJct. Illamtfia, �R11.5� 140• "I6o CLACKAMAS Wapinitia •- •---i I j -w`" 9s Cornucopia, ��` �. Medical SD �I � Taft Otis 19I' tGl IE it ' ton W A S C q O Fossil -.-•--s- -•-� 4i � -4u I i �'- $haniko 4w Kernvill DALLAS ALEM i 28 Heine 'al" Y �) Monmouf1:1� " ?\ 63 Silvercr.Folls--'- - x91 Spray \ ./ PO L K 194 pendel ce Via, Mehama MARION 53 Antelope Monument \ .i Offer Rock C 43 Stayfon� q it ice Creak coz Homlto Sumpter '\BAKER Richland na' •'�rs'll-�.Y Worm \ "i le -q` effrrso r W H E L E R ✓ 41. Pleasant °17 _ ---.i-��ville 31 Iw1 --�cyLyons�—� i �eiroif Springs ' Kimberly Ian Creek LB/lNV J E F F F. R S O N $9a 9 I3 A K G R\u'IDurkee ; ©lal eft r:ll �1�lo,edo _ g- I-- Madras `' G R A N T t3 g 1� QRVpl115 L I N {N 3e1 Mitchell 41 y Philomat(i 1 i 110 LEBANON /�_ Culver r- - _J Dayville yo, 110° Unit' ' Wuldport ` � r;Y 6 I 5 Faster Y -".-- )ob Vralrie •y \•Huci irlg ton apse Caswdia 41 2' 1 IG .-.---4 I sso MLVernon , ) Alsea va Sweet Home 3'10 Canyon City Monroe !s Siste Rcdmon 5 Veiser Horrisbu •vim _ 2� I` r \ 15 Prineville 'o a ..dun tion�"tyC�p �.,, IT Jamiescn ��J\ ti (34 ' (I ".,\ �����'�\ 15 '�- gt v4' Powell post le S•Hissharrr �s6rctnicof z-W J"c44�� Blue River Tumalo Bulfe 3s0 Paulin Seneca -( y f`'1r_'e'---` BEND v. all l - Vat\Onaria'•��4 L lan Flurcru tia Ic -� Nufi venalGu�' -`7;7 5 ) 14 C R. O O K 4b as, N hen �J ' i fit (T 1 1 Cairo �• J f' y.. N sso - i aaa Creswell \\ , nc Cotlu9e Grove E D E S C q UTE S Brothers -1� Adrian . eedsport Oakridg,e �. -\ 15 Drain lauf 7 - / I Juntura Hampton � as0`.:' lapine "_b 4lornedale Swlhbury l Eli<1ar _� J BURNS•` 1a� 4:e_r )R;icy - yf -- - M A L H Emoirc ;(�1 NURTII(SENO hh C�u• a/ Crescon / -- Charlc:Iou •;� COGS DAY U•5uthurlin ca• Cranu i H A R N Cupa,1raya - Wilbur i Narrows - - Princeton 71 7 O ' 1> O U Or L A 5 I I ��• • ROSEBURG Chemult Wugontiro Cuymlto •• I Rondos i Winn_fcn / ',.s I }j0 Myrtle Point 1' '•i'---'�•:3t 4as Silver 4 tl 4':e -'�_»�-:__. Lake ) �� •/,�� Iii Myrllc Creek r C'-.''I- i 19 6 Dicmond i\ ,�•,a JcMunUollcy tUnion Cr ler [ak' 'ape 1 pr �nyonville Tiler Creek lok�� j Summsr Blanco owe `• Sires ! vo Ice take 49 Frenehglen i Rome 1a✓ I purr 1 i' _ i[;sc Prospect O turd \ ;%� + �� r.l rosr -- PORTLAND AND :r-- Rolf Creek s ?' O F Klamath 4 Paisley \ : I vallCwvE I C1J71 ��-c; VICINITY a-) TCL A M A 7 H�� 1...•+ Trail K!amoth Laka -,Qr. i '�:,^t.•(..'71�.;n �:.` 'v sn. .n. CURRY f Sams Agoncy p,,,Chi;oguin i Aber•/ u '. >:•• 11 ....�.-__;, ! r r Valk, GRANTS i> Ea k Point r 7 a -- Valle Falls - Gold �x' Lakecreek Modoc Point Beatty Y Beach i I - ito u�perY/am0th(oh 20 Plush t� 'r x Q, 25 wt Jac onvi(le 1EDFORD Algoma ` -TR.OrDkLE fxc y; Cr provolt r� - r-1 )i\FURTLAVU xI m KLAMATH \ 431 rt" �,��\._ Cco -.- � •"`t GK[SN;,6+r.. ao Kerb x61 Ruch FALLS��. Dail- 31 t;EA�Lr gllJ ,, �� -� -•�. -` r U �W�Ilioms ASHLAND 23 Bonanza I Adel f' I'E MULTI:WA- CO. \1 Keno o LAKEVIE u1,. �i• cY i 2l a Cir ct/f;1ns— co Brotil•:mu'`t`, � Orc nCaves xx, Z ( w�; ),:/%��- ma :.UKIE 11d�or4 433 Merrill I 9 ��q;";) ..' Malin41 - _.._.._ _.—. �— �.._.._.1—.._.._. • �DuLJ I—��.�•J LJ LJ L�LsJ L.J LCL_•�_._°--�L •.W 1 F Z_ IP 3; L •, u I --I1.3J El Ir:\ .. a L w'��-�l•-• f tII � I. ro 1 J O 10 91 12 1 I•i r 1 I •.ems .- i,. . > Jy' tir lb f 1 i Ir ; I • o0 {. .��:.'i`-i; •,^�`i'�i�: ;id''-,t � •:u.. _y< �;t,•.; •... :t•;�� �is x �. ,.{� • ' � '•'4;`"i f" .rc:sr:-.+i50J�'9'd>• '•43+y' _��.�j.:t •� _ �, :is.:/•� :T_.A;�3• is 1 t•t+:• __ _._ ALAN VIEW ANDERSON & DITTMAN ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8665 S. W. CENTER STREET P. O. BOX 23006. TIGARD. OREGON 97223 639.1121 FRED. A.ANDERSON DERRYCK H. DITTMAN June 21, 1972 State Recreation Director Parks and Recreation Section State Highway Department Salem, Oregon 97310 Gentlemen: Re: Title Opinion on City of Ti4ard - Cook Park In our capacity as attorneys for the City of Tigard , we have examined the documents whereby the City of Tigard became vested with fee simple title to the following described lands now in the possession and control of the City and presently utilized for city public park purposes and '.hereof designated as Cook Park: (Uashington County, Oregon) Beginning at an iron rod on the North line of the Southeast Quarter of Section 14, T2S , R1T•T, T�T.M. , 1175 .0 feet west of the quarter corner on the east line of said Section 14 ; running thence mouth at right angles to said north line 548 .3 feet to an iron; thence continuing South 75 feet to the center of the Tualatin River; thence upstream in the center of said river 2300 feet, more or less , to the west line of the Southeast �.uarter of said Section 14; thence North 150 feet, more or less , to the center of said Section 14; thence East 1466 feet to the place of beginning ; containing 36 acres , more or less . Based on our exa-lination and invasti;ation, I hereby certify that in my professional oai lion fea simple title to the a'b v? described lands is v sLed in tiiO city 0 �_'?-pard , a tnr niciDal subdivision of th-_ State of ('jrca-­Cn, ire— and -!ear Of a!" C'?1cL1 2- i:r_1 1C2S 1,711.ZC 1 I n c?nl7 :'Ja j' Zile=C�r Lire G++ ith .`:tI'.-'� else_ and end 0yment:. of 1 nt..I 1.oL par!:- �Iy_��U J , a17;1s. y t U :iU �JJ�� Ji!Z�� O._ r-vert?r (fec si- le deter linablo) and reading as follows : This --rant is .Hada upon the expr•";:s condition that �: em,- S S'- !1 e. L.S'? o c a:'�� 71"^:^ _Sc�_ Or alIV 30_ct.1_0iq .:n, <' 1%r Oi-1'1i�- u:�'.' O. `+;�.Y SOS , Or StaLa 'Recreation Director -2- June 21, 1972 should the grantee assign, grant or. in any other manner alienate the title thereto or the use thereon, the title thereto and the right of: possession thereof , shall thereupon immediately revert to and revest in the grantor or its successor without any act or demand of grantor, to the same force and le-al effect as if this deed had not been executed. I further certify that the City of Tigard has full legal ri;ht o- possession and is in fact in possession and control of size above described tract and has such -right in perpetuity subject only to the possibility of reverter (fee simple determinable) , above Mentioned. Very truly yours , AMERSON & DITT iAN 1 ?fv l f W For.- t '15U (`!arch 1'1h6) U. S. DEPARTMENT OF THE INTERIOR ASSURILNCE OF COMPLIANCE (TITLE VI, CIVIL RIGHTS ACT OF 1964) City of Tigard (hereinafter called "Applicant-Recipient") (Name of Applicant-Recipient) HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title)to the end that , in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise sub- jected- to discrimination under any program or activity for which the Applicant- Recipient receives financial assistance from the Bureau of Outdoor Recreation and Hereby Gives Assurance That It will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by the Bureau of Outdoor Recreation, This assurance obligates the Applicant-Recipient, or in the case of any transfer of such pcoperty, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for t"e period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by the Bureau of Outdoor Recreation. _Chis ASSURANCE is given in consideration of and for the purpose of obtaining aiv and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant- Recipient by the bureau or office, including installment payments after such date on account of arrangemenrs for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that :;cis Federal financial assistance will be extended in reliance on the repre- ; _;icati .: s and agreements riade in this assurance, and that the United States ;mall reserve the right to seek judicial enforcement of this assurance. This assur.in. e is binding on the Applicant-Recipient, its successors, transfereesp and assignees , and the person or persons Whose signatures appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. DATEDy APPLLCAi,:T-RECIPIENT CiLt,r of Tigard - - r.? tp L E 5 .`lAi LIADDRFS-S By (Presi-dent , ':nairman of Board or Comparabie Authorized Official) ?1,.3i^1 -, `7~'• ✓ {'.}rte _, � ��•,,6•..-a� �yi.+,,oJ V:.C`: A ,.• ,a�^ �J ) AUG 31972 SSTATE PAR iRECREATION SECTIONEC 5` -.- ';Vt' 0 'bN 973.10240 COTiAGcL STR .rcT S.c�. SAL < TO,.M McCALL tJ ulv 27 r 1972 GOVERNOR CLEIG TON PENWELL Director ?Ad -orge M. Baldwin nis�rator for Highways AWay BLii.lding eil, Oregon 97310 . Re: Dallas City Par:.r Pease Developraei.t %:•-'=�< PNRS ; 7207 .2 300 r-�,Pnilo ac'r. City -°art, ?nase 2 PNRS. 7207 2 310 Estacada Cil.v Par.": Develop- ant PNRS ;;-7207. 2 320 1 Cook Par:; Dave_op eit, Pi.ase PNRS ;x7207 2 330 2idgevJ'Lew Part Si a Z.cqu,isitioi. PN;;.5 ;;7 2 C 7 2 340 p ').\i: I:i e /-•. -,nder son Para S-I ;.e Ac lu- ion ✓ :%/moi' ,/ P�;RS -1-7207 2 350 I. �, Bear Creel Pa- c, P��asa 5 PNRS. ; 720 2 3 6 0 7.. , Gala Parc D`vulopr,:en`���"•`- PNRS. ;.':7207 2 370 . De'ar Mr. Baldwin; T121S is to aa:nm.,ledge recaipt of your Notices of Intent -to pile for Federal --_ We nave considered yot.r . -o�osa w nd concl-k" -d Ens.;. ,- , - '- - , y are essen Baily O% i:,-1�teu �ocal �cact and . S. il:l:l'iCno conflicts existing sz_, =e 'plans. :' ry A copy of is e c c r s..o��a ac,:c..t���n^j yo�� U.I 0c:L ins - ii.s. Coy application to the Fecieraf agenC_, as evfue�ce of your ;.L. Gif o r d haveing co=&-0lied with olf.B il.S. CouIter - ...`:'. I:>~li:n Sincere_°j1 J."t. llJOtt � I f 197_ cowMBIAREGION r S 1ATION of �r1 V t� t , 6400 S. W. CANYON COURT ` (503) 297-3726 ' PORTLAND, OREGON 97221 i Y� May 25, 1972 CLACKAMAS COUNTY Canby Gladstone Happy valley Lake Oswego Milwaukie Oregon City West Linn Mr. Stephen Telfer City Administrator CLARK COUNTY Camas City Hall Vancouver Tigard, Oregon Washougal g Dear Mr. Telfer: COLUMBIA COUNTY Clatskanie Please be informed that the Executive Board Columbia City Prescott of the Columbia Region Association of Govern- Rainier ments in their meeting of May 19, 1972, re- Scappoose St. Helens viewed the City of Tigard' s project applications Vernofor Federal funds which will be used to assist in acquiring the Jack Park and Cook Park. h1ULTNCOUNTY FairviewvieNr The Board found that these park projects are Gresharn Gordan! vital parts of the Regional Park and Open Space Troutd,,le # Plan previously adopted by CRAG; therefore, the Wood Village a Board unanimously endorsed the projects and urges their early funding. WASHINGTON COUNTY Beaverton , Sincerely, / Cornvl,us i _ Durham Forest Gruvr North Pl;ur; Sner:;;,,;, Homer C. Chandler T''"" Executive Director HCC : jc i i 3 f l : .V WAS ONLp y Inter-Department Correspondence Date February 8, 1972 To Board of Commissioners From Al Graham, Park and Water Resources Coordinator Subject Preliminary Applications for 1971 - 72 BOR Projects Washington County has received notification that its county area is now eligible for a new apportionment under the Land 6r Water Conservation Fund Act of 1965. These funds are available for use until August 1, 1972. The county apportion- ment for the 1971-72 fiscal year is $79, 430. 09. Accordingly, all cities anc park districts were notified of the available funding and were requested to submit preliminary applications for the Bureau o. Out- door Recreation protects not later than January 15, 1972. The Washington Cou:ay Park and Recreation Commission zmet on January 20, 1972, to review applications and determine priorities for allocation of funds. Applications were submitted by Cornelius, :igard, Tualatin and Tualatin Hills Park,and Recreation District. The Corn rnission found the total federal fu:.ds applied for exceeded the county apportionment and, as a consequence, n:zde -adjustments which it considered equitable. _The Park and Recreation Commission recommends the following distribution of Land and Water Conservation Funds for 1971 - 72: Recommend Fed. Applicant Type of Projects Federal Funds Applied for era! Funds Dist. Cornelius Development $ 3, 847. 00 $ 3, 847. 00. 1 . **.Tigard Development 36 , 055. 00 25, 465. 00 t Tualatin Acquisition -15 , 000. 00 15, 000. 00 Tualatin Hills Acquisition 39, 715. 00 35, 118. 09 'Park & Rec. Dist. Totals 94, 617. 00 79, -.30. 09 'In-cludes $'., 847 previously approved for completion. of 1.970 - 71 Project **Involves 2 park projects AG/lwr�- ec: Washington County Park & Recreation Commission City of Cornelius - .City of Tigard City of Tualatin Tualatin Hills Park & Recreation District Exhibit B LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT General Provisions ' A. Definitions 1. The term "BOR"' as used herein means the Bureau.of Outdoor Recreation, United States Department of the Interior. 2. The term "Director" as used herein'means the Director of the Bureau of Outdoor Recreation, or any representative lawfully delegated the authority to act for such Director. 3. The term "Manual" as used herein means the Bureau of Outdoor Recreation Manual. 4. The term "project" as used.herein means that project or,project stage which is the subject of this agreement. 5. The term "State" as used herein means the State which is a.party to this agreement, and, where applicable, the political subdivision or public agency to which funds Bre to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply'to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it ie.to apply solely to the State. B. Project Execution 1. The State shall execute and complete the approved project in accordance with the,time schedule set forth in the project proposal. Failure to render satisfactory progress or to complete this or any other project which is the subject of Federal assistance under this program.to the satisfaction of the Director may be cause forthe suspension of all obligations of the United States under this agreement. 2. Constructio►icontracted for by the State shall meet the following requirements (a) Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding. Copies of all bids and a copy of the contract shall be retained for.inepection by the Director. (b) The State shall inform all bidders on contracts for construction in excess of $10,000 that Federal funds are being used to assist in construction. (c) Writteh change orders .to contracts for construction in excess of $10,000 shall be issued for all necessary changes in,the facility. Such orders shall be made a part of the project file and shall be kept available for audit, (d) The State shall comply with the regulations of the Secretary of Labor contained in 29 CFR 3 (1964), made pursuant to 40 U.S.C. Sec. 276(c) (1964), which require from each contractor or subcontractor a weekly wage payment statement. Such regulations are hereby incorporated into this agreement by reference. (e) The State shall Lnc•)rporate, or cause to be incorporated, into all construction contracts the following provisions: "During the perfurmance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff .or termination;.rates of pay or other forms of compensation; and selection for'training, including apprenticeship. The contractor agrees to post in conspicuous places; available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin, "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contrgctor's commitments under Section 202',of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice In.coispicuous places available to employees and applicants for employment. 2 "(4) The contractor will compl)k with all provisions of Executive Order N0. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractur will furnish all information and reports required by Executive Order No. 11246 of September 24, 1966, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. and will permit access to his books, records, and accounts by the contracting agency and the tic-cretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the e%eut of the contractor's noncompliance with the nondiscrimination clauses of this contract or with an'v of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect- to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, 1 t gat.on wrtr:a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." (f) The State shall (1) comply with the above provisions in construction work carried out by itself, (2) assist and cooperate actively with the BOR and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract rovisions pnd with the rules, regulations, and relevant orders of the Secretary of Labor, (3� o4tain and furnish to the BOR and to the Secretary of Labor such information as they may require for the supervision of such compliance, (4) enforce the obligation of contractors and subcontractorstinder such provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violatiop of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the BOR pursuant to Part II, Subpart D, of Executive Order No. 11246 of September 24, 1965, and (6) refrain from entering into any contract with a contractor debarred from Government contracts under Part II, Subpart D, of Executive Order No. 11246 of September 24, :965. 3. The State shall secure completion of the work in accordance with the approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 4. The State shall permit periodic site visits by the Director to insure work progress in accordance with the approved project, including a final inspection upon project completion. 5. In the event funds should not be available for future stages of the project, the State shall bring the project to a point of usefulness agreed upon by the State and the Director. u. All significant deviations from the project proposal shall be submitted to the Director for prior approval. 7. Development plans and specifications shall be available for review by the Director upon request. H. The acquisition cost of real property shall be based upon the appraisal of a competent appraiser. The reports of such appraisers shall be available for inspection by the Director. }. If any tract or parcel of, or interest in, real property subject to being purchased under the provisions of this agreement, hNt not identified herein, is found by the Director for any reason not to be suitable for Federal assistance, all obligations of the United States hereunder shall cease as to such parcel, tract or interest. f„ Pra'ec: Costs Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual. D. Project Administration 1. The State shall prompt Ly submit such reports as the Director may request. 2. I,roperty and facilities acquired or developed pursuant to this agreement shall be available for inspection by the Dire( for upon request. 3. The Stale sh.iLl use airy fonds received by way of advancepaymel:t fru;) the-United .States wider the teems of this agreement solely for the project or project stage herein described. 4. Interest earned on funds granted pursuant to this agreement shall not be available for expenditure by the State, tut shall be disposed of according.to'instructions issued by the Director.. 5. Because one of the basic objectives of. the Land and Water Conservation_ Fund Act is to enhance and .increase the Nation's outdoor recreation respurc es, It is the intent of.the parties hereto that recipients of assistance will use moneys granted hereunder for the parposee of this program, and that assistance granted Cr4lm the Fund.will result in a net increase, commensurate at least with the Federal cost-share, in n p;o•ticip,in U4e outdoor recreation. It is intended by,both parties hereto that assistanre from the 11ind will be added to, rather than rep Lave or be substituted for, State and local outdoor recreation Mauls. E. Project Termination 1. The State may unilaterally rescind this agreement at,any time prior to the commencement of the project. After project,commencement, this agreement may.be.rescinded, .modified, or amended only by mutual agreement. A project shall be deemed commenced when the State makes any expenditure or incurs any obligation with respect to,the.project. 2. Failure by the State to comply with the terns of this agreement or any similar agreement may be eauae for the suspension of ell obligations of the United States hereunder. 3. Failure by the State to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the United States hereunder if, in the.judgment of the Director, such failure was due to no fault of the State. In such case, any amount required to settle at minimum costa any irrevocable obligations properly incurred shall be eligible for assistance under this agreement. 4. Because the benefit to be derived by the. United States from the full compliance by the State with the terms of this agreement is the.preservation, protection, andthe net increase in the quantity and quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and because such benefit exceeds to an immeasurable and unascertain able extent the amount of money furnished by the United States by way of assistance under the teras of this agreement,.the. State agrees that payment by the State.to the United States.of an amount equal to the,amount of.assistance.extended under this agreement by the United States would be inadequate compensation to the United States for any.breaeh by.the State of this. agreement; The State further agrees, 'therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement. F. Conflict of Interests 1. No official or employee of the State who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in, connection with this project shall have any financial or other personal interest in any ouch contract or subcontrac 2. No person performing services for the State in connection with this project shall have a financial or other personal interest other than his employment or retention by the State, in.any contract or subcontract in connection with this project. No officer or employee of such person retained by the State shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the State, and such officer, employee or person has not participated in the acquisition for or on behalf of the State. 3. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The State shall be responsible for enforcing the above conflict of interest provisions. G. Hatch Act No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part pursuant to this agreement shall take part in any, of the political act.ilvity proscribed in the Hatch Political Activity Act, 5 U,S.C. Sec. 118k (1964), with the exceptions therein enumerated. H. Financial Records 1. The State shall maintain satisfactory financial accounts, documents, and records, and shall make them available to the BOR, the Department of the Interior, and to the General Accounting Office for auditing at reasonable times. Such accounts, documents, and records shall be retained by the State for three years following project termination. 3 f 4 2. The State may use any generally accepted accounting system, provided such system meets the minimum requirements set forth in the Manual. 1. Use of Facilities 1. The State shall not at any time convert any property acquired or developed pursuant to this agreement to other than the public outdoor recreation uses specified in the project proposal attached hereto without the prior approval of the Director. 2. The State shall operate and maintain, or cause to be operated and m@intained, the property or facilities acquired or developed pursuant to this agreement in the maturer and according to the standards set forth in the Manual. J. Nondiscrimination 1. The State shall not discriminate against any person on the basis of race, color, or national origin in the use, of any property or facility acquired or developed pursuant to this agreement. 2. The State shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, 78 Stat, 241 (1964), and with the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17 (1964). 3. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence. K. Compliance The State shall be responsible for compliance with the terms of this agreement by any political subdivision or public agency to which funds are transferred pursuant to this agreement. Failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. b. Manual The State shall comely with the policies and procedures set forth in the Bureau of Outdoor Recreation Manual. Said Manual is hereby incorporated into and made a part of this agreement. Attachment 1 (Dec. 1965) to Form BUR 8-92 NOTIFICATION OF C T-IN-AID ACTION Do Not —= IUUse 1. STATE APPLICATION DOWER— 2. (Reserved for use by State central information reception agency) Triis �N PNRS #7207 2 330 9.GRANTOR: a. Federal ugencv Department of the Interior b. Organizational unit Bureau of Outdoor Recreation C. Administering office—(1)Nome Northwest Region •. (2)Address—Street or P.O.Box City State Zip Code 1000 Second Avenue Seattle WA 98104 4. FEDERAL AGENCY GRANT IDENTIFIER: o. Cods b. Title 41-00468 Cook Park Expansion i C. Purpose To continue development of Cook Park 1 ' S.GRANTEE: a. Nome City of Tigard b. Address—Street or P.O.Box city State Zip Code City Hall Tigard Oregon 97223 6. GRANTEE TYPE(Check only the single most applicable box) Y a. State b. Inter. c. County d. City e. School f. Special g. Community h. Sponsored i.-Other Oote district unit action organization El 12 El 0 11 7. APPLICATION RECEIPT DATE B. ACTION DATE 9. EFFECTIVE STARTING DATE TENDING DATE Yeot Month Day Year Month payYear Month Dayear Month Day73 02 1573 02 22 73 02 2275 12 31 11. TYPE OF ACTION(Check as many boxes as apply to this action) a. New b. Continuation c. Supplemental d. Change in existing grant i grant grant grant S (identify agency in item 16) (1) Increase in 12) Decrease inZ) cell.n (4) Increose(f) (S) Decrease(S) duration duration ® ❑ ❑ D ❑ ❑ ❑ 12. AMOUNT OF CONTRIBUTION o. Federal—(1)basic .(2) Supplemental. b. Stats ^� � � Grher a 10,590 s s �5� C`O $ 13. CATALOG OF FEDERAL DOMESTIC ASSISTANCE a. Program Number �Q�� b upplemental Program Number PROGRAM(if none,clarify in item 16) 15.400 �,� 14. AUTHORIZATION a. Federal Budget Accounts 10-16-5005-0-2-405 G b. Public LawsPL Title Sec. PL Title Sec. PL Title Sec. P.L. 88-578, Sec. 5 C. U.S.Cade 16 USC 4601 - 4 i IS. FACILITY LOCATION:(For facility grant actions only) a. city S.W. 92nd Ave. on the Tualatin b. county N.RF ++aaRiverWashington 'IMMaison Officer: eorge M. Baldwin Stephen Telfer SF240 prepared by Administrator of Highways City Administrator Wallace Preston 300 State Highway Bilding City Hall 206-442-4720 Salem, Oregon 97310 Tigard, Oregon 97223 i ' 503--s639-4171 STANDARD FORM 240 i 1 June 1970 Bureau of the 1 Budget Circular A, 240-101 Y J f Exhibit A UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Outdoor Recreation Land and Water Conservation Fund Project Agreement State OUI GON (Washington County) Project Number 41-00468 (O.P.567) Project Title Cook Park Expansion Period Covered Date of Approval to Date of Approval to by this Agreement 12/31/75 Project Period 12/31/75 Project Scope (Description of Project) Continue development of Cook Pari: on the Tualatin River by improving Rn interior park road, building 2 parking lots, extending the irrigation syste.m, clearing and constructing a picnic area, constructing footpaths installing a storm drain system, extendinS the potable water system with 2 drinking fountains, constructin; a border alantin; along the property line and expsndinZ t'he existing restroom building; for maintenance storage use. s. The project includes desi3n work by City of Tigard forces, done in 1972 at a cost of $2,665. 5 41-067-0000 OR-Washington-N/A Project Stage Covered by this Agreement Not Applicable. Project Cost The following attachments are hereby incorporated into this agreement: ._ Total Cost $ 21,18 i Fund Support 50 / 1. General Provisions (December,1965) Fund Amount $ 10,590 2. Project Proposal 41-00468 Cost of this Stage $ 21,180 3, Assistance this Stage $ 10,590 4. r BOR 8-92 ' (Reir. Mar. 1967) i i The United States of America, represented by the Director, Bureau of Outdoor Recreation, United States Department of the Interior, and the State named above (hereinafter referred to as the State), mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto and hereby made a part hereof. The United States hereby promises, in consideration of the promises made by the State herein, to obligate to the State the amount of money referred to above, and to tender to the State that portion of the- obligation which is required to pay the United States' share of the costs of the above project stage, based upon the above percentage of assistance. The State hereby promises, in consideration of the promises made by the United States herein, to execute the project described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: That this agreement is accord with the approved project proposal which is hereby incorporated by reference. The State shall transfer to the County of Washington for subsequent transfer to the City of Tigard all funds granted hereunto necessary for the undertaking and completion of this project on a reimbursable basis. This agreement is not subject to the provisions of Section B.2(d) of the attached General Provisions, dated December, 1965. �1 e A . j In witness whereof, the parties hereto have executed this agreement as of the date entered below. j THE UNITED STATES OF AMERICA STATE By OR Signature State 11ZA* By ' Title ignature ' i Bureau of Outdoor Recreation United States Department of David G. Talbot the Interior Name Date - �-� State Parks Superintendent Title j i! I r