AKS Engineering & Forestry LLC ~ C220030
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: C220030a1
Contract Start Date: 02/14/2022 Contract End Date: 12/31/2024
Contract Title: Murdock Street Sidewalk & Stormwater Improvements
Contractor Name: AKS Engineering & Forestry, LLC.
Contract Manager: Jeff Peck
Department: Engineering
Contract Costs
Original Contract Amount: $445,679.00
Total All Previous Amendments: n/a
Total of this Amendment: $110,399.00
Total Contract Amount: $556,078.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: Formal RFP >$150K
Solicitation Number: 2022-09
LCRB Date: 02/01/2022
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY 24 460-8000-56005 95071-DES $110,399.00
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Add additional scope, funds and extend the end date
DocuSign Routing
Route for Signature Name Email Address
Contractor John Christiansen johnc@aks-eng.com
City of Tigard Steve Rymer stever@tigard-or.gov
Final Distribution
Contractor John Christiansen johnc@aks-eng.com
Project Manager Jeff Peck jeffp@tigard-or.gov
Project Manager Shauna Large shaunal@tigard-or.gov
Buyer Toni Riccardi tonir@tigard-or.gov
CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM
Contract Overview
Contract/Amendment Number: C220030
Contract Start Date: 2/14/2022 Contract End Date: March 31, 2024
Contract Title: Murdock Street Sidewalk& Stormwater Improvements
Contractor Name:AKS Engineering& Forestry,LLC
Contract Manager: Jeff Peck
Department: Engineering
Contract Costs
Original Contract Amount: $445,679
Total All Previous Amendments:
Total of this Amendment:
Total Contract Amount: $445,679
Procurement Authority
Contract Type: Personal Services
Procurement Type: Formal RFP >$150K
Solicitation Number: 2022-09
LCRB Date: 2/1/2022
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 2022 460-8000-56005 95071-130 $445,679
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: Mato-- Zl.(.Z Sf",' e
Comments: New Contract
DocuSign Routing
Route for Signature Name Email Address
Contractor John Christiansen,PE CWRE johnc@aks-eng.com
City of Tigard Steve Rymer Stever@tigard-or.gov
Final Distribution
Contractor John Christiansen PE CWRE johnc@aks-eng.com
Project Manager Jeff Peck Jeffp@tigard-or.gov
Shauna Large slarge@tigard-or.gov
Buyer Machelle Stephens Macheffes@tigard-or.gov
DocuSign Envelope ID:3483491D-FOA8-4F7A-8386-B1A26A5FF729
Contract Number: C220030
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
MURDOCK STREET SIDEWALK&STORMWATER IMPROVEMENTS
THIS AGREEMENT made and entered into by and between the City of Tigard, a municipal corporation
of the State of Oregon, hereinafter called City, and AKS Engineering & Forestry, LLC, hereinafter called
Contractor.
RECITALS
WHEREAS, the City's 2022 fiscal year budget provides for services related to engineering design of the
enhancement of Murdock Street Sidewalk&Stormwater Improvements;and
WHEREAS, City has need for the services of a company with ability, knowledge, and experience possessed
by Contractor; and
WHEREAS, The City issued Request for Proposals No. 2022-09, inviting proposals from Contractors with
certain ability, knowledge, and experience; and
THEREFORE, the Parties agree as follows:
1. EFFECTIVE DATE/CONTRACT TERM
The term of this Agreement is effective the date this Agreement is fully executed by both parties,
and expires on October 31, 2023, unless otherwise terminated or extended. All work under this
Agreement must be completed prior to the expiration of this Agreement.
2. SERVICES TO BE PROVIDED
The nature, scope, and performance characteristics, and scope of the services and the required time
specifications for Contractor's performance under this Agreement are set forth in Exhibit B,
incorporated herein by reference.
3. COMPENSATION
The City agrees to pay Contractor for satisfactorily completed services in accordance with the rates
outlined in Exhibit C. The total amount paid to the Contractor by the City may not exceed
$445,679.00 without a written contract amendment signed by authorized representatives of both
parties.
4. PAYMENTS
Payments made to Contractor will be based upon the following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes all
expenses incurred by Contractor, with the exception of expenses, if any, identified in this
Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor's invoice and not more frequently than
monthly. Unless otherwise agreed,payment will be made only for work actually completed as of
the date of invoice.
C. Payment by City releases City from any further obligation for payment to Contractor for services
performed or expenses incurred as of the date of the invoice. Payment may not be considered
acceptance or approval of any work or waiver of any defects therein.
DocuSign Envelope ID:3483491D-FOA8-4F7A-8386-B1A26A5FF729
D. The City certifies that sufficient funds are available and authorized for this Agreement during the
current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard's
City Council
5. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices,bills and payments will be made in writing and may be given by personal delivery,mail, or
by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses will be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD 7 AKS ENGINEERING&FORETRY,LL
Attn: Jeff Peck, Project Manager Attn: John Christiansen,PE CWRE
Address: 13125 SW Hall Blvd Address: 12965 SW Herman RD, Ste 100
Tigard, OR 97223 Tualatin, OR 97062
Phone: (503) 718-2466 Phone: (503) 563-6151
Email: Jeffp@tigard-or.Gov Email: johnc@aks-eng.com
Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when so
faxed, upon successful fax. In all other instances,notices, bills and payments will be deemed given at
the time of actual delivery. Changes may be made in the names and addresses of the person to who
notices,bills, and payments are to be given by giving written notice pursuant to this paragraph.
6. ANNUAL RATE ADJUSTMENTS
Contractor may request a rate adjustment no more frequently than annually for the ensuing one-year
period beginning on an anniversary of the Effective Date to reflect actual increases in Contractor's
cost to perform the services. Request must be in writing and include backup documentation
establishing the actual increases in cost. In no event will the rate adjustment be more than the
percentage change during the preceding year in the Consumer Price Index for All Urban Consumers
(CPI-U), U.S. City Average, not seasonally adjusted, all items, published by the U.S. Department of
Labor.Any request for a rate adjustment must be submitted to the City no less than (30) calendar days
prior to the anniversary of the Effective Date.
7. PERMISSIVE COOPERATIVE PROCUREMENT ALLOWED
Other public contracting agencies may establish contracts or price agreements under the terms,
conditions and prices of this Agreement. Contractor agrees to extend the terms,conditions and prices
of this Agreement to any purchasing contracting agency, as that term is defined at ORS
279A.200(1)(h). Contracts or price agreements between Contractor and other purchasing contracting
agencies are entirely independent of and have no effect on this Agreement.
8. OWNERSHIP OF WORK PRODUCT
The City is the owner of and is entitled to possession of any and all work products of Contractor
which result from this Agreement, including any computations, plans, correspondence, or pertinent
data and information gathered by or computed by Contractor prior to termination of this Agreement
by Contractor or upon completion of the work pursuant to this Agreement.Any intellectual property
rights delivered to the City under this Agreement and Contractor's services rendered in the
performance of Contractor's obligations under this Agreement,will be provided to the City free and
clear of any and all restrictions on or conditions of use, transfer,modification, or assignment.
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9. ASSIGNMENT/DELEGATION
Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment has any force or effect unless and until the other party
has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible
for the acts or omissions of any subcontractors and of all persons employed by them. Neither the
approval by City of any subcontractor nor anything contained herein creates any contractual relation
between the subcontractor and City. The provisions of this Agreement are binding upon and will
inure to the benefit of the parties to the Agreement and their respective successors and assigns.
10. REPRESENTATIONS AND WARRANTIES
In addition to other representations and warranties set forth in this Agreement, Contractor represents
and warrants to the City that the services will be performed in accordance with the same professional
skill, care, diligence, standards, and generally accepted professional practices as other professionals
performing the same or similar services in the same or similar localities under similar conditions.
Neither acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Contractor is familiar and will comply with all federal, state, and local laws, regulations, executive
orders, and ordinances applicable to the performance of the work under this Agreement.
11. ERRORS
Contractor will perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
12. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is
not entitled to benefits of any kind to which an employee of City is entitled and is solely
responsible for all payments and taxes required by law. Furthermore,in the event that Contractor
is found by a court of law or any administrative agency to be an employee of City for any purpose,
City is entitled to offset compensation due, or to demand repayment of any amounts paid to
Contractor under the terms of this Agreement, to the full extent of any benefits or other
remuneration Contractor receives (from City or third party) as a result of said finding and to the
full extent of any payments that City is required to make (to Contractor or to a third party) as a
result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
13. CONFLICT OF INTEREST
The undersigned Contractor hereby represents that no employee of the City, or any partnership or
corporation in which a City employee has an interest, has or will receive any remuneration of any
description from Contractor,either directly or indirectly,in connection with the letting or performance
of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently
employed by the Federal Government and the amount charged does not exceed their normal charge
for the type of service provided.
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14. INDEMNIFICATION
Claims for other than Professional Liability. Contractor agrees to indemnify, defend, save, and hold
harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits,
or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature,
including intentional acts resulting from or arising out of the activities of Contractor or its
subcontractors, sub-consultants, agents or employees in performance of this Agreement at both trial
and appeal level,whether or not a trial or appeal ever takes place including any hearing before federal
or state administrative agencies. If any aspect of this indemnity is found to be illegal or invalid for any
reason whatsoever, such illegality or invalidity does not affect the validity of the remainder of this
indemnification.
Claims for Professional Liability. Contractor agrees to indemnify, defend, save,and hold harmless the
City of Tigard,its officers,employees, agents, and representatives from all claims, suits,or actions and
all expenses incidental to the investigation and defense thereof, to the extent arising out of the
professional negligent acts, errors or omissions of Contractor or its subcontractors, sub-consultants,
agents or employees in performance of professional services under this agreement.
15. INSURANCE
Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect
throughout the term of this Agreement. Such insurance must cover risks arising directly or indirectly
out of Contractor's activities or work hereunder,including the operations of its subcontractors of any
tier.
A. Standard Coverage.The policy or policies of insurance maintained by the Contractor must provide
at least the limits and coverages in Exhibit A of this Agreement. The procuring of such required
insurance will not be construed to limit Contractor's liability hereunder. Notwithstanding said
insurance, Contractor is obligated for the total amount of any damage, injury, or loss caused by
negligence or neglect connected with this Agreement.
B. Workers' Compensation. The Contractor, its subcontractors, if any, and all employers providing
work, labor, or materials under this Agreement that are subject employers under the Oregon
Workers' Compensation Law must comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-
state employers must provide Oregon workers' compensation coverage for their workers who
work at a single location within Oregon for more than 30 days in a calendar year. Contractors
who perform work without the assistance or labor of any employee need not obtain workers'
compensation coverage. All non-exempt employers must provide Employer's Liability Insurance
with coverage limits of not less than $1,000,000 each accident.
C. Additional Insured Provision. All required insurance policies, other than Workers'Compensation
and Professional Liability, must name the City its officers, employees, agents, and representatives
as additional insureds with respect to this Agreement.
D. Insurance Carrier Rating. Coverages provided by the Contractor must be underwritten by an
insurance company deemed acceptable by the City. All policies of insurance must be written by
companies having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the
right to reject all or any insurance carrier(s) with an unacceptable financial rating.
E. Self-Insurance.The City understands that some contractors may self-insure for business risks and
the City will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If Contractor is self-insured for commercial
general liability or automobile liability insurance, Contractor must provide evidence of such self-
insurance. Contractor must provide a Certificate of Insurance showing evidence of the coverage
amounts on a form acceptable to the City. The City reserves the right in its sole discretion to
determine whether self-insurance is adequate.
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Primary Coverage Clarification. The parties agree that Contractor's coverage is primary to the
extent permitted by law. The parties further agree that other insurance maintained by the City is
excess and not contributory insurance with the insurance required in this section.
F. Cross-Liability Clause. A cross-liability clause or separation of insureds clause will be included in
the general liability policy required by this Agreement.
G. Certificates of Insurance. As evidence of the insurance coverage required by the Agreement,
Contractor will furnish a Certificate of Insurance to the City. No Agreement is effective until the
required Certificates of Insurance have been received and approved by the City. The certificate
will specify and document all provisions within this Agreement and include a copy of Additional
Insured Endorsement (other than Workers' Compensation and Professional Liability). All
certificates,including renewals are forwarded to: contractspurchasing( dyard-oror.gov
16.TERMINATION WITHOUT CAUSE
At any time and without cause, City has the right in its sole discretion to terminate this Agreement by
giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will
pay Contractor for services rendered to the date of termination.
17.TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at
such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement
may be modified to accommodate a reduction in funds.
2) If federal or state regulations or guidelines are modified, changed,or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this Agreement.
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this Agreement is
for any reason denied,revoked, or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by
or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an
assignment for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph (A)will be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City by written notice of default (including breach of contract) to Contractor, may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time specified,
or
2) If Contractor fails to perform any of the other provisions of this Agreement or fails to pursue
the work as to endanger performance of this Agreement in accordance with its terms, and
after receipt of written notice from City, fails to correct such failures within ten (10) days or
such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of contract)
by Contractor are not exclusive and are in addition to any other rights and remedies provided by
law or under this Agreement.
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If City terminates this Agreement under paragraph (B), Contractor will be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred,provided, that the City
may deduct the amount of damages, if any, sustained by City due to breach of contract by
Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable
and necessary attorney fees, and other costs of litigation at trial and upon appeal.
18. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive the
termination or expiration of this Agreement.
19. STATUTORILY REQUIRED PROVISIONS
A. Contractor will pay to the Department of Revenue all sums withheld from employees [Required
by ORS 316.167].
B. Contractor will pay all contributions or amounts due the Industrial Accident Fund from the
contractor or any subcontractor in the performance of this Agreement. [Required by ORS
279B.220(2)]
C. As a condition of this Agreement, Contractor will make payment promptly, as due,to all persons
supplying labor or materials for the performance of the work provided for in this Agreement.
[Required by ORS 27913.220 (1)]
D. In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
i. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week, except as provided by law. For contracts for personal services, as
defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to
209 from receiving overtime.
ii. Contractor must give notice in writing to employees who work on a public contract,either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
iii. Contractor may not prohibit any of Contractor's employees from discussing the
employee's rate of wage, salary,benefits or other compensation with another employee or
another person and may not retaliate against an employee who discusses the employee's
rate of wage, salary, benefits or other compensation with another employee or another
person.
iv. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause.
E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished. [Required by ORS 27913.220 (3)]
F. Contractor represents and warrants that Contractor is,to the best of the undersigned's knowledge,
not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS
Chapters 316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a
political subdivision of this state before the Contractor executed this Agreement or during the
term of this Agreement is a default for which the City may terminate this Agreement and seek
damages and other relief available under the terms of this Agreement or applicable law. [Required
by ORS 279B.045]
G. Contractor will promptly, as due, make payment to any person, co-partnership, association, or
corporation, furnishing medical, surgical, and hospital care or other needed care and attention,
incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees
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to pay for the services and all moneys and sums that Contractor collected or deducted from the
wages of employees pursuant to any law, contract, or agreement for the purpose of providing or
paying for services. [Required by ORS 279B.230 (1)]
H. If Contractor fails,neglects,or refuses to make prompt payment of any claim for labor or services
furnished to Contractor or a subcontractor by any person as such claim becomes due, Contractor
is liable for the amount of the unpaid overtime wages and in an additional amount equal to the
unpaid overtime wages as liquidated damages. [Required by ORS 279B.020 (9)]
20. MISCELLANEOUS PROVISIONS
A. Choice of Law, Venue. The provisions of this Agreement are governed by Oregon law. Venue
will be the State of Oregon Circuit Court in Washington County or the U.S. District Court for
Oregon,Portland.
B. Attorney's Fees. In the event an action, suit of proceeding,including appeal,is brought for failure
to observe any of the terms of this Agreement, each party is responsible for that party's own
attorney fees, expenses, costs and disbursements for the action, suit,proceeding, or appeal.
C. Business License. Contractor must obtain, prior to the execution of any performance under this
Agreement,a City of Tigard Business License.The Tigard Business License is based on a calendar
year with a December 31't expiration date. New businesses operating in Tigard after June 30`' of
the current year will pay a pro-rated fee through the end of the calendar year.
D. Electronic Signatures. City may use Electronic Signatures as defined in the Electronic Signatures
in Global and National Commerce Act. Under ORS 84.014. Contractor's consent is not required
for this Agreement to be executed using Electronic Signatures. Even if ORS 84.014 is determined
to be inapplicable or invalid, Contractor grants such consent.
E. Retirement S, sem. Contractor and its employees, if any, are not active members of the Oregon
Public Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
F. Hazardous Materials. Contractor will comply with all federal Occupational Safety and Health
Administration (OSHA) requirements and all Oregon safety and health requirements. In
accordance with OSHA and Oregon OSHA Hazard Communication Rules, if any goods or
services provided under this Agreement may release, or otherwise result in an exposure to, a
hazardous chemical under normal conditions of use (for example, employees of a construction
contractor working on-site), it is the responsibility of Contractor to provide the City with the
following information: all applicable Safety Data Sheets, the identity of the chemical/s, how
Contractor will inform employees about any precautions necessary,an explanation of any labeling
system, and the safe work practices to prevent exposure. In addition, Contractor must label, tag,
or mark such goods.
21.ACCESS TO RECORDS
Contractor shall maintain all records relating to this Agreement for three (3) years after final payment.
The City may examine, audit and copy Contractor's books, documents, papers, and records relating
to this Agreement at any time during this period upon reasonable notice. Copies of these records
must be made available upon request. Payment for the reasonable cost of requested copies will be
made by the City.
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22. AUDIT RIGHTS
The City may conduct financial and performance audits of the billings and services specified in this
Agreement at any time in the course of the Agreement and during the three (3) year period established
by Section 22 of this Agreement. Audits will be conducted in accordance with generally accepted
auditing standards as promulgated in Government Auditing Standards by the Comptroller General of
the United States Government Accountability Office. If an audit discloses that payments to
Contractor exceed the amount to which the Contractor was entitled, the Contractor will repay the
amount of the excess to the City.
23. FORCE MMEURE
Neither City nor Contractor will be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy,
civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided
that the Parties so disenabled will, within ten (10) days from the beginning of such delay, notify the
other party in writing of the cause of delay and its probable extent. Such notification will not be the
basis for a claim for additional compensation. Each Party will, however, make all reasonable efforts
to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently
pursue performance of its obligation under the Agreement.
24.NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of
this Agreement or to exercise any rights hereunder should not be construed as a waiver or
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
25.NON-DISCRIMINATION
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
26. MERGER; MODIFICATION
This writing is intended both as a final expression of the Agreement between the parties with respect
to the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement will be effective unless and until it is made in writing and signed by
both parties.
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27. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor will comply with all applicable federal, state and local laws,rules and regulations applicable
to the work in this Agreement.
28. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired
unless the illegal or unenforceable provision affects a significant right or responsibility, in which case
the adversely affected party may request renegotiation of the Agreement and,if negotiations fail, may
terminate the Agreement.
29. CONFLICT BETWEEN TERMS
Any exhibits, schedules or other attachments referenced in this Agreement are part of this Agreement.
In the event of conflict between a provision in the main body of the Agreement and a provision in
the exhibits, schedules or other attachments, the provisions in the main body of the Agreement will
control.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly
authorized officials.
CITY OF TIGARD AKS ENGINEERING&FORESTRY,LLC
a[uS
U - d6Y= Oo[u3--d by
By:F{tut �uu Bv:� YS$�alnSu'-
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Steve Rymer John Christiansen
Name: Name:
Title:
City Manager Title: Member
2/15/2022 2/7/2022
Date: Date:
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EXHIBIT A
PERSONAL SERVICES CONTRACT
STANDARD INSURANCE REQUIREMENTS
1. COMMERCIAL GENERAL LIABILITY INSURANCE. Contractor will obtain,at Contractor's expense,
and keep in effect during the term of this Agreement, comprehensive General Liability Insurance covering Bodily
Injury and Property Damage on an"occurrence" form (CG 2010 1185 or equivalent.This coverage must include
Contractual Liability insurance for the indemnity provided under this Agreement.
❑ Not required.
COMMERCIAL GENERAL LIABILITY INSURANCE with limits of not less than:
❑ $1,000,000/$2,000,000
❑ $2,000,000/$3,000,000
® Other: $ 2,000,000 each occurrence/aggregate for Bodily Injury and Property Damage.
❑ ADDITIONAL INSURED ENDORSEMENT not required.
2. AUTOMOBILE LIABILITY INSURANCE. Contractor must also obtain, at Contractor's expense, and
keep in effect during the term of the Agreement, commercial Automobile Liability coverage including coverage
for all owned, hired, and non-owned vehicles on an"occurrence" form.
❑ Not required. Driving is not included in the scope of work for this Agreement and the City will not
reimburse for any travel expenses.
AUTOMOBILE LIABILITY INSURANCE with a combined single limit, or the equivalent of not less than:
❑ No requirement in excess of that provided for under state law.
® $2,000,000
❑ Other: $ each accident for Bodily Injury and Property Damage.
If Contractor uses a personally-owned vehicle for business use under this Agreement, the Contractor will obtain
at Contractor's expense, and keep in effect during the term of the Agreement, business automobile liability
coverage for all owned vehicles on an "occurrence" form with a combined single limit, or the equivalent of not
less than:
❑ No requirement in excess of that provided for under state law.
❑ $2,000,000
❑ Other: $ each accident for Bodily Injury and Property Damage.
❑ ADDITIONAL INSURED ENDORSEMENT not required.
3. PROFESSIONAL LIABILITY INSURANCE
❑ Not required.
PROFESSIONAL LIABILITY INSURANCE with a combined single limit,or the equivalent,of not less than:
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® $1,000,000/$3,000,000
❑ $2,000,000/$4,000,000
❑ Other: $ each occurrence/aggregate to cover damages caused by error,omission or negligent
acts related to the professional services to be provided under this Agreement.
❑ ADDITIONAL INSURED ENDORSEMENT not required.
4. OTHER COVERAGE REQUIRED
❑ EMPLOYEE DISHONESTY AND MONEY AND SECURITIES INSURANCE with a limit of
not less than $ to cover Theft, Disappearance and Destruction of cash or negotiable securities in
the care, custody or control of the contractor for City or on behalf of City clients.
❑ CYBER LIABILITY INSURANCE with limits of not less than$ to cover first party data
breach forensic examination/investigation expenses,liability for claims or losses that result from breach
of security or protected data.,losses for first party damage to networks or other digital assets,losses for
first-party business interruption, costs of regulatory investigations, and regulatory fines and/or penalties
including but not limited to PCI-DSS fines,penalties and assessment.
❑ PHYSICAL ABUSE AND MOLESTATION INSURANCE with limits of not less than $ to
cover actual or threatened physical abuse, mental injury, sexual molestation, or negligent employment,
supervision, investigation, reporting to proper authorities or retention of any person for whom the
Contractor is responsible for, including but not limited to Contractor and Contractor's employees and
volunteers. Coverage can be provided by a separate policy or as an endorsement to the general or
professional liability policies.
❑ OTHER (describe coverage and limits):
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EXHIBIT B
SCOPE OF SERVICES
Background
This scope of work is for conceptual, preliminary, and final design including public involvement and
permitting for the Murdock Street Sidewalk and Stormwater Improvement project. The Design consultant
shall provide Construction Administration services to oversee daily inspection of the work and respond to
contractor questions and issues that arise in the field. The Consultant will provide project management,
manage subconsultant contracts, provide design and engineering and survey services. The City of Tigard is
the owner,represented by a Project Manager.All approvals,decisions,invoicing,etc.will go through the City's
assigned Project Manager.
Reference Documents (Attached)
• GIS Maps of Project Area with conceptual storm and proposed sidewalk alignments.
Purpose
This project will construct a sidewalk, a bike lane,and minor roadway widening where required along one side
of the street from 103`d Avenue to Templeton Elementary School. The project will also construct a new
storm drainage system to replace portions of the existing pipe network.Additional right-of-way and temporary
construction easements will be necessary to complete the improvements. Upon completion, the project will
provide a safer route to and from the school for this neighborhood.
SPECIFIC SCOPE OF SERVICES
Task 1: Project Management
Task 2: Design Survey
Task 3: Design Engineering
Task 4: Public Information Program
Task 5: Right of Way Acquisition
Task 6: Utility Coordination
Task 7: Permitting and Reports
Task 8: Construction Administration Services
Task 1 Project Management, Administration and Meetings
• Attend project kickoff meeting with city staff at Permit Center. (2 hr. mtg)
• Attend site walk with project staff to verify design intent. (3 hr. mtg)
• Review engineering design with City Staff at 30%, 60%, and 90% submittals. Make revisions as
appropriate.Anticipate two 2 hr. review meetings at the City.
• Participate in 15-minute weekly phone conferences through the design process.
• Participate in a Conceptual Design Open House set up by City staff.
• Participate in CWS pre-application meeting to discuss stormwater requirements.
• Prepare monthly schedule updates through design.
• Prepare monthly invoices through the design process.
Task 1 Deliverables:
• Meeting agendas and minutes
• Project schedule
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• Monthly invoices with status reports to identify work completed,percent complete vs percent spent,
for all project tasks and phases and identify ongoing and upcoming work items.
Task 2 Design Survey
2.1 Establish Horizontal and Vertical Survey Control
• Setup conventional and GPS control and tie existing monumentation necessary to establish the
existing right-of-way,property lines and easement locations within the project limits. Run vertical
control from nearest City/County benchmark.Datum will be based on the City of Tigard's datum.
• Prepare a record of survey to show the existing centerlines and right-of-way lines as resolved.
File the record of survey with the Washington County Surveyors Office. Filing Fees to be paid
by Consultant and reimbursed by the City.
• Prepare a Post-Construction Record of Survey. File the post-construction record of survey with
the Washington County Surveyors Office. Filing Fees to be paid by Consultant and reimbursed
by the City.)
2.2 Topographic Survey
• Prepare and distribute notification letters by mail to adjacent property owners within the work
area. The notification letters shall include details of the project improvements. City to review
notification letters before mailing.
• Call for utility locates.
• Topographic design survey will include, but not be limited to visible features, such as existing
utilities, fences, lights, storm drainage and sanitary sewer structures (including measure-downs to
establish accurate invert elevations of all pipes), culverts, landscaping, driveways, edge of
pavement, buildings, walks/trails, signs, and striping. existing topographic features, trees, shrub
clustering,utilities, etc. within the project area.
• Prepare a topographic base map with 1 foot minor and 5 feet major contour intervals.
• Base map to be prepared using AutoCAD Civil 3D. Version 18 is required.
Task 2 Deliverables:
• Preconstruction Record of Survey
• Post Construction Record Survey
• Topographic Survey Maps
Task 3 Design Engineering
3.1 Conceptual Design (30%)
Prepare construction plans generally at 1"=40' for full size 11"x17"plans. The design will consist of the half-
street roadway improvements.
• Provide plan view drawings of the proposed pavement widenings, bike lane, sidewalk, storm
drainage, and driveway connections.
• Provide conceptual roadway and sidewalk grading.
• Provide a Cover Sheet
• Provide Existing Conditions Plans
• Provide Roadway Plans (Plan View only)
• Provide Grading Plans
• Prepare a 30% Construction Cost Estimate
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3.2 Preliminary Design (60%)
Prepare construction plans generally at 1"=40' for full size 11"x17"plans. The design will consist of the half-
street roadway improvements.Incorporate 30%Review comments from the City into the Preliminary Design.
• Design preliminary road layout based on the approved conceptual layout.
• Design finish grade elevations for roadway widenings, sidewalk, driveway transition areas, curb
returns,retaining walls, and storm mainlines and structures.
• The roadway horizontal and vertical alignment will be finalized at the 60% submittal level.
• Refine the alignment and profile grades of each section of roadway to appropriate design
standards.
• Review the alignment design against design speed and sight distance criteria. Submit a request for
a design modification approval, should one be required.
• Prepare a Cover Sheet with a Sheet Index
• Prepare Roadway Cross Section details and General Notes.
• Prepare Existing Conditions and Demolition plans.
• Prepare Roadway plan/ profile sheets based on the approved horizontal and vertical alignment.
• Prepare Driveway transition details including proposed grading, location of right of way, and
Temporary Construction Easements (TCEs).
• Prepare Grading and Erosion Control plans
• Prepare Signage and Striping Plans
• Prepare Project Staging/Traffic Control plans
• Prepare typical roadway cross sections, driveway plans and profiles
• Prepare Miscellaneous Construction Details
• Prepare Special Provisions
• Prepare bid item descriptions
• Prepare a 60% Construction Cost Estimate
3.3 Prepare 90% Drawings, Specifications and Estimate
Prepare construction plans generally at 1"=40' for full size 11"x17"plans. The design will consist of
the half street roadway improvements. Incorporate 60% Review comments from the City into the
Preliminary Design. All design elements are set. The 90% submittal will include the detailed work to
complete the design.
• Complete Cover Sheet with a Sheet Index
• Complete Roadway Cross Sections details and General Notes
• Complete Existing Conditions and Demolition Plans
• Complete Roadway plan/profile sheets
• Complete Driveway Transition Detail sheets. Complete Grading and Erosion Control plans and
Details
• Complete Signage and Striping Plans
• Prepare Signage and Striping Detail Sheets
• Complete Project Staging/Traffic Control plans
• Complete Miscellaneous Construction Details
• Complete Special Provisions
• Complete bid item descriptions
• Prepare 90% Construction Cost Estimate
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• Prepare a Bid Schedule
• Modify City of Tigard General Conditions
3.4 Final Drawing and Bid Package
Finalize 100% drawings, specifications, and cost estimate.Address City comments on 90% submittal.
• Attend and respond to questions at a non-mandatory pre-bid meeting.
• Prepare up to 3 bid addenda
• Review and provide recommendations on bid tabulation.
• Prepare CAD file package for Contractor with explanation on how files work together.
Task 3 Deliverables:
• Meeting notes from review meetings
• 30% - Plans and Cost Estimate
• 60% - Plans, Special Provisions,Bid Item Descriptions, Cost Estimate, Geotech report
• 90% - Plans, Special Provisions,Bid Items, Cost Estimate,Bid Schedule,and Modifications of Tigard
General Provisions
• 100%-Plans,Special Provisions,Bid Items,Cost Estimate,Bid Schedule,and Modifications of Tigard
General Provisions
• Bid Addenda
• Bid Tabulation
• CAD Package for Bid
Task 4 Public Involvement Program
The purpose of the public involvement program is to make informed decisions that consider and reflect the
needs and opportunities that may be present among the communities that the project is designed to serve.
4.1 Public Informational Meeting (OPen House
• Prepare plan view roll-map exhibits for the open house event.
• Prepare an 8-1/2"x 11" fact sheet handout about the project to hand out during the open house
• Prepare an 8-1/2" x 11" project schedule hand out during the open house. Prepare a 22"x24"
Exhibit of the project schedule for the Open House.
• Prepare an 8-1/2" x 11" hand out explaining the right of way acquisition process for the open
house.
• Attend and engage the public during the open house event.Lead the public through the preferred
alignment.
• Provide a right of way agent available to discuss the acquisition process.
• Be prepared to deliver as a virtual or hybrid event.
4.2 Virtual Engagement Page
• Prepare 11"x17" exhibits of the conceptual design for a city interactive engagement page.
• Prepare a list of frequently asked questions that will be used to start the conversation on the
engagement page.
• 8-1/2"x11" Handouts will be incorporated in the engagement page.
• Provide assistance with responses to questions received.
4.3 Tigard Tualatin School District
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• Participate in up to 4 meetings with Tigard-Tualatin School District to discuss the project.
Task 4 Deliverables:
• Roll plot Exhibit
• Project Facts Sheet including schedule and an explanation of right of way acquisition process
• 30%plans
• List of frequently asked questions
• Support City in response to citizen inquiries
Task 5 Right-of-Way Acquisition
Determination of right-of-way and easements needed for the project,and coordination with City staff during
the acquisition process. Legal descriptions and staking of acquisition areas will be provided for completion of
appraisals and negotiations.
5.1 Right-of-Way Determination
• Review the right-of-way and easements needs for the project.
• Establish the right-of-way, temporary and permanent easement locations for review by the City.
5.2 Right-of-way Appraisals
• Consultant shall conduct up to 20 appraisals and appraisal reviews, make a right-of-way cost
estimate, and negotiate up to 20 right-of-way files.
• Consultant shall set up the necessary documents, make the offers, get signatures and deliver the
signed documents to the City. Prepare a project/roadway centerline description and exhibit for
the City's Resolution of Necessity.
5.3 Appraisal Staking
• Right-of-way staking for up to 20 files.
• Prepare a project/roadway centerline description and exhibit for the City's Resolution of Necessity.
5.4 Legal Descriptions
• Prepare a project/roadway centerline description and exhibit for the City's Resolution of
Necessity.
• Prepare parcel descriptions on required easements and right-of-way dedication on
• 8-1/2"x11"paper for up to 20 files.
• Descriptions to be dated and stamped by a professional land surveyor licensed in the State of
Oregon.
• Descriptions for the properties will reference the last recorded deed by type of deed, owner's
name, book and page, and date recorded. This information is to be taken from the last vesting
deed.
• Descriptions will reference easements as "Permanent" i.e. (Permanent Slope Easement,
Permanent Public Utility Easement, Etc.) or "Temporary" i.e. (Temporary Construction
Easement).
Task 5 Deliverables:
• Draft Easement and Right-of-Way Acquisition needs Map
• Appraisals and Reviews (up to 20-files)
• Legal Descriptions
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Task 6 Utility Coordination
6.1 Utility Design Coordination
• Obtain as-built maps from the utility companies.
• Field location and verification of their facilities and establishing control to prepare for potholing
of utilities.
• Review of the utilities to determine possible impacts with the proposed improvements. A base
map will be provided to all of the utility companies in the project area. A summary of the possible
utility conflicts to be prepared and distributed to all utilities for review and their use.
Task 6 Deliverables:
• Map of Utility Conflicts
Task 7 Reports and Permitting
7.1 CWS Prescreen Application
Submit an online Pre-screen Application with 60% Design Submittal for Issuance of an SPL.
7.2 Stormwater Design
• Design drainage and water quality improvements to CWS Design and Construction
Standards (R&O 19-5) for the system.
• Water quality treatment shall include investigating the use of surface water treatment.
• Conveyance system improvement design and analysis (downstream analysis) to the lesser
of mile or until additional flow from the project constitutes less than 5 percent of the
total tributary drainage flow. Improvements or analysis beyond this limit is not part of
this works scope.
• Prepare water quality treatment options and coordinate with City and CWS early in
design. Determine preferred method of treatment.
• Incorporate drainage design into the project plan and profile sheets at 60%. The design
information to be limited to main pipe sizes,lengths and locations along with indicating
storm structures/inlet placement.
• Prepare preliminary plans for the water quality system.
7.3 1200-CN Erosion and Sediment Control
Consultant to prepare a DEQ 1200-CN permit application package for ground disturbance in excess
of one acre. Application Package to include erosion and sediment control drawings (1200-CN Cover,
ESC Plan,ESC Details).These drawings will be extracted as free-standing ESC Plans from the design
deliverables for submittal with the 1200-CN Permit Application to CWS.Prepare and submit a 1200-
CN Checklist with the application.
7.4 Public Facility Improvement Plan (PFI) Submittal
• Submit 2 complete sets of 90% Plans and a final Drainage Report to City of Tigard
Private Development Engineering.
• Revise 90% Plans as directed for submittal to CWS for a Stormwater Connection
Authorization Letter.
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7.5 CWS Stormwater Connection Authorization Letter
City staff to submit revised 90% drawings, the Final Drainage Report, and 1200-CN Plans to CWS
for a Stormwater Connection Authorization Letter.
7.6 Tree Removal
A tree removal permit application to be submitted to the City of Tigard Community Development
Department for approval.
Task 7 Deliverables:
• CWS Pre-Screen
• Storm Drainage Report
• 1200-CN Package
• PFI Package
• Tree Removal Permit Package
Task 8 Construction Administration Services
8.1 Construction Site Observation
• Provide daily construction observations (2 hrs onsite per workday)
• Complete ADA ramp inspections and submit ODOT ramp forms
8.2 Weekly Meetings/Coordination
• Attend and preconstruction meeting(2 hrs)
• Attend 1-hour weekly meetings onsite with City PM and Contractors Superintendent
• Review 20 submittals.
• Log and respond to 10 RFIs,Clarifications,Change Order Requests,Work Change Directives,
and Change Orders.
• Review monthly progress billings with the Contractor. Submit payment request to City PM.
8.3 Project Closeout
• Conduct walk-through with City staff and Contractor to develop punch list of closeout items.
Oversee completion of the punch list.
8.4 Record Drawings
Prepare record drawings showing the as constructed facilities based on construction observation,
contractor provided notes,and survey verification. Survey verification to include the following:
• Provide horizontal locations of manholes, catch basins, and inlets.
• Provide vertical data including rims,invert elevations of pipes at manholes and cleanouts.
• Provide finish manhole diagrams (including pipe locations, steps, and bench).
• Provide location of any infrastructure abandoned in place.
• Provide drawings in PDF format and AutoCAD format.
Task 8 Deliverables:
• Daily Inspection Reports
• ODOT ADA Ramp Inspection Reports
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• Coordination Meeting Minutes
• Submittal/RFI reviews
• Final Walkthrough punch list
• Record Drawings
Task 9 Contingency Services
Perform additional services which are not covered under the above tasks as directed in writing by the City's
Project Manager. Contingency tasks for this project may include,but are not limited to:
9.1 Utility Potholing and Conflict Resolution
• Potholing of utilities to be completed where potential conflicts with utilities are defined following
completion of the preliminary design. Consultant to coordinate the excavation of the potholes.
Survey work included in this task involves measuring the elevations and locations of points
adjacent to the potholes as needed. The pothole information will be added to the base map and
provided to all utility companies. Utility conflicts with proposed roadway and drainage
improvements will be identified.
• The pothole information and summary of utility conflicts to be provided to all utility companies
with 1 st Notification.
• Determine final resolution of conflicts and distribute to the project team and all affected utilities.
• Review the project construction and right of way acquisition schedules to determine when what/if
utilities need to be relocated. The goal is to have utilities relocated in advance of the construction
as much as possible.
• Communicate regularly with affected utilities to keep them on schedule as much as possible.
Provide updates to the project team and on current status.
9.1 Deliverables:
• Pothole survey results report
• Status reports on franchise utility relocation
9.2 Design Tasks
• Provide context sensitive design alternatives to save mature trees along the north side of Murdock
Street,including 11'wide travel lanes.
• Shadow plat the lot at the NW corner of the intersection of Murdock/100t1i Ave after determining
need for above ground stormwater facility.
• Determine right of way needs along 100t1i Ave and 98`1i Ave if roadside ditches are converted to
CWS approved water quality facilities.
• Making changes and resolving problems related to change in conditions, such as changes in
ownership of property during the right-of-way discussion.
• Assisting the City preparing letters of agreement with affected property owners??
• Performing design tasks that may be unknown at this time.
9.2 Deliverables:
• Context sensitive design alternatives exhibits (15% design)
• Concept development plan (shadow plat) of TLID 2S111BCO2503
• Survey maps of 100 ' and 98t1i
9.3 Geotechnical Investigation and Report
Complete a geotechnical investigation of the site for the proposed stormwater facility (TL 2503 at the
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intersection of Murdock and 100`h). The investigation will include up to two test pits or shallow borings and
an infiltration test. The results of the investigation will be summarized in a geotechnical engineering report.
The report will include information necessary for the design of segmental block retaining walls.
9.3 Deliverables:
• Geotechnical engineering report
9.4 USACE/DSL Wetland Permit Application (IPA)
• Perform additional field survey to delineate wetlands.
• Conduct a pre-application conference with DSL,USACE, and other agencies.
• Prepare application, including project description, construction methods, fill/removal quantities,
alternative analysis, wetland functional assessment, and exhibits showing plan view and typical
sections.
9.4 Deliverables:
• Wetland delineation report
• Joint Permit Application QPA) for wetland impact
9.5 Construction Services
• Additional field time inspection hours to assist with change in conditions in support of City staff.
Preliminary Project Milestone Schedule:
➢ Consultant Solicitation (Engineering On-Call):September 2021 —December 2021
➢ Signed Contract: Middle of February 2022
➢ Survey Notification Letter: February 2022
➢ Field Survey Work: February 2022—March 2022
➢ 30%Design (Concept): March 2022- April 2022
➢ 60%Design—Review: May 2022—August 2022
➢ 90%Design - Review: September 2022 - November 2022
➢ Final Plans, Specifications &Estimate: December 2022
➢ Permitting:March 2022—December 2022
➢ Right-of-way Services:July 2022—January 2023
➢ Bid Advertisement and Contracting:January 2023 —May 2023
➢ Construction:June 2023 —October 2023
➢ Interactive Engagement Web Page (Conceptual Design through Construction):
May 2022— October 2023
*Bid timeline and construction moved to 2023 to minimize impacts to Twality Middle School and James
Templeton Elementary school.
Assumptions
1. No natural resources exist within the project limits.
2. No Vegetated Corridor will exist within the project limits.
3. City will subcontract with an excavation contractor for utility potholing.
4. Property required for construction of the stormwater facility will be created as a right-of-way
dedication and will not require a partition plat.
5. Road pavement section will match the City's standard section. A site-specific design section will not
be developed for this project.
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EXHIBIT D
Murdock Street Sidewalk&Storm water Improvements
Murdock Street Half Street Section
FIG-1
File No. 95071
INTNNTIONALLY BLANK
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TRANSITON AREA:
SLOPE EASEMENT AND TCE
WIDTH-TBD
25' HALF R/W
0.5'
12' TRA VEL LANE 6' BIKE 0'S 6'
LANE WALK
Extg Pavement Widening
Width Varies varies 1.5q
MURDOCK ST HALF STREET SECTION
N. TS
NOTE: MURDOCK ST. IS A NEIGHBORHOOD ROUTE. THIS SECTION OF THE
ROADWAY HAS LIMITED PARKING OPPORTUNITIES DUE TO PHYSICAL CONSTRAINTS.
BIKE LANES BOTH SIDES HAS A HALF STREET CROSS SECTION OF 29' WITH A 5.5'
LANDSCAPE STRIP. THIS PROJECT PROPOSED TO ELIMINATE THE LANDSCAPE STRIP
DUE TO PHYSICAL CONSTRAINTS. THE FOCUS IS ON REDEVELOPING THE ROADWAY
TO ENHANCE PEDESTRIAN/BICYCLE MOBILITY AND SAFETY.
�. ENGINEERING DIVISION
FIGURE
PUBLIC WORKS DEPARTMENT MURDOCK STREET FIG- 11 W. BLV
TIGARD, OREGON 97223 SIDEWALK AND DRAINAGE
VOICE: 503-639-4171
FAX. 503-624-0752 IMPROVEMENTS FILE NO
WWW.TIGARD—OR.GOV 95071
DocuSign Envelope ID:3483491D-F0A8-4F7A-8386-B1A26A5FF729
EXHIBIT E
Murdock Street Sidewalk&Stormwater Improvements
Murdock St. East&Murdock St. West
Maps
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DocuSign Envelope ID:3483491D-FOA8-4F7A-8386-B1A26A5FF729
EXHIBIT C
CONTRACTOR COVID-19 VACCINATION ATTESTATION
City of Tigard Personnel Policy 80.0 COVID-19 Vaccination Requirement requires contractors must
be full vaccinated for the COVID-19 virus or have a documented medical or religious exemption if
the contractor personnel will (a) physically interact with Tigard staff or members of the public on
behalf of the City in the course of performing work under the contract or (b) provide goods or
perform services on-site at City buildings.
If you are unsure whether the vaccination requirement applies to you, please contact your Tigard
contract administrator to discuss further.
By signing this form,I certify and attest to the following:
® I am authorized to sign this certification on behalf of contractor and am authorized to legally
bind contractor.
® Contractor will not allow any unvaccinated employees,workers,or agents of the organization
to perform any services or provide goods pursuant to this City of Tigard contract where such
work includes (a) physically interacting with Tigard staff or members of the public on behalf
of the City in the course of performing work under this contract or (b) provide goods or
perform services on-site at City buildings.
® Contractor will ensure that any employees,workers, or agents of the organization engaged in
work pursuant to this contract will adhere to any and all of the City's health and safety
guidelines for the location where the work is performed, including wearing face coverings,
distancing from others, and isolating or quarantining if exposed to or contracting COVID-19.
® Contractor understands and agrees that failure to comply with these requirements, which are
hereby incorporated by reference as part of the terms and conditions in the Agreement, may
result in the termination of contract for default.
John Christiansen, PE, CWRE
Print Name
11/24/2021
Date
Signature