Casserly Landscape ~ C180044 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THls FORMMr sTACCOMPANYEVERYCONTRAcr)
Contract Title: 2017Z201 8 Street Tree Planting project Number: C- D(.CJ"t C/
Contractor. Casserly landscape Contract Total: $44,800.00
Coizixact Ovelviet►: i'anr<aL#c�r toymchase and plant trees per the bid document provided b,-'EXU
Alears.
Initial Risk Lct el. ❑ F-;tierce ❑ I3igh ❑ Moderate
Risk Reduction Steps:
Risk Comments:
Fisk Signature:
C;oritract:Managet7 Z`ance Walker E-Xt: 2606 Depaltment: P L
T;pe: ❑ Personal Sic ® Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ Gneral. vc
❑ Fngnicering Svc ❑ Other: Start Date- End Date: r�
Quotes;Bids/Proposal: FIRM AMOUNT/ CORE
Casserl.-landscape $44,800
Cascadian Landscape $65,340
• 'Iwo other bidders slid not respond
.-.cc punt String - vision- cunt Wor -Activ T e Amount
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Approvals - LCRB Date:
DeparttrLent Comments:
Department Signature:
Purchasing Comments:
Pinchasing Signature:
Cit-, Manager Comments:
City Manager Signa L 1.ur—
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract IOC.�J�J
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
2018 STREET TREE PLANTING
THIS AGREEMENT made and entered into this 26 h day of Match,2018 by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Casserly
Landscape,Inc.,hereinafter called"Contractor",collectively known as the "Parties."
RECITALS
WHEREAS,Contractor has submitted a bid or proposal to City to provide specific services;and
WHEREAS,Contractor is in the business of providing specific services and is aware of the purposes
for which City requires the services;and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the
services described in Contractor's bid or proposal;
THEREFORE,The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to the City's 2018 street tree planting project as
detailed in Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed, together with an
executed copy of this Agreement This Agreement shall become effective upon the date of
execution and shall expire, unless otherwise terminated or extended, on June 30, 2018. All
services shall be completed prior to the expiration of this Agreement
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Forty Four Thousand Fight Hundred
and N0/100 Dollars ($44,800.00) for performance of those services described herein, which
payment shall be based upon the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the
approval by the City,and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor,
for services performed or expenses incurred as of the date of the invoice. Payment shall
not be considered acceptance or approval of any work or waiver of any defects therein.
C. Contractor shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Contractor fails,neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due,City may pay such claim and charge the amount of the payment against funds due or
to become due the Contractor. The payment of the claim in this manner shall not relieve
Contractor or their surety from obligation with respect to any unpaid claims.
G. Contractor shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one work week except for individuals under the contract who
are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
H. Contractor shall promptly, as due, make payment to any person, co-partnership,
association or corporation,famishing medical,surgical,hospital care or other needed care
and attention incident to sickness or injury to the employees of Contractor or all sums
which Contractor agrees to pay for such services and all moneys and sums which
Contractor collected or deducted from the wages of employees pursuant to any law,
contract or agreement for the purpose of providing or paying for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract during the current fiscal year. Appropriations for future fiscal years
shall be subject to budget approval by the City Council.
4. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the
written consent of the other and any attempted assignment or transfer without the written
consent of the other party shall be invalid.
5. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery,mail or fax.
Payments may be made by personal delivery,,mail,or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments,and other information:
CM OF TrGARII` CASSERTA LANDSCAPE,INC.
Attn:Vance Walker,Streets Supervisor Attn: John Casserl
Address: 13125 SW Hall Blvd. Address:2951 SW Mossy Brae Road
Tigard,Oregon 97223 West Linn,Oregon 97068
Phone: (503) 718-2606 Phone: (503) 638-4646
Email: vance ,tigard-or.gov Email: casserlylandscgpena.vahoo com
6. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the 30'
day of June, 2018 shall be accompanied by thirty (30) days written notice to the other party
prior to the date termination would take effect. There shall be no penalty for early termination.
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If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services
rendered prorated to the date of termination.
7. ACCESS TO RECORDS
City,shall have access to such books,documents,papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcripts.
8. FORCE M&PUM
Neither City nor Contractor shall 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,natural disaster,war,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 shall 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
shall not be the basis for a claim for additional compensation. Each party shall,however,make
all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon
cessation of the cause,diligently pursue performance of its obligation under the Agreement
9. NON-DISCPJAHNATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans
with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules
established pursuant to those laws.
10. INDEMNITY
Contractor agrees to and shall defend, indemnify and hold harmless City, City's officers,
employees, agents and representatives from and against all liability, claims, costs, demands,
judgments,penalties,and causes of action of any kind or character,or other costs or expenses
incidental to the investigation and defense thereof, of whatever nature, resulting from or
arising out of the activities of the Contractor or its subcontractors, agents, or employees in
performance of this contract, except, however, that the foregoing shall not apply to liability
that arises out of the City's,its officers,employees,agents and representatives sole negligence.
If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the remainder of this indemnification.
11. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term
of this contract Such insurance shall cover risks arising directly or indirectly out of Contractor's
activities or work hereunder.
3 1 Parc
The policy or policies of insurance maintained by the Contractor shall provide at least the
following limits and coverages:
A. Commercial General Liability_Insurance
Contractor shall obtain,at contractor's expense,and keep in effect during the term of this
contract,Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried
Coverage Limit
General Aggregate 3,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (any one fire) 50,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense,and keep in effect during the term of
the contract, Commercial Automobile Liability coverage including coverage for all owned,
hired, and non-owned vehicles on an "occurrence" form. The Combined Single Limit per
occurrence shall not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
forth. The Combined Single Limit per occurrence shall not be less than$2,000,000.
C. Workers'Compensation Insurance
The contractor, its Subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall 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 shall
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional
Liability, shall include the City its officers, employees, agents and representatives as
additional insureds with respect to this contract.
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E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M.Best rating of"A-VII"or better,or equivalent. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the
City will consider whether such self-insurance is acceptable if it meets the minimum
insurance requirements for the type of coverage required. If the Contractor is self-insured
for commercial general liability or automobile liability insurance the Contractor must
provide evidence of such self-insurance. The Contractor must provide a Certificate of
Insurance showing evidence of the coverage amounts on a form acceptable to the City.
The City reserves the right in its sole discretion to determine whether self-insurance is
adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance to the City. No contract shall be effective until the
required Certificates of Insurance have been received and approved by the City. The
certificate will specify and document all provisions within this contract and include a copy
of Additional Insured Endorsement. A renewal certificate will be sent to the below
address prior to coverage expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
I. P ty Coverage Clarification
The parties agree that Contractor's coverage shall be 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.
J Cross-Liability Clause
A cross liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
5 1 Pa ."C.
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance shall not be construed to limit contractor's liability
hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount
of any damage,injury,or loss caused by negligence or neglect connected with this contract.
12. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract,the parties agree that
the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court
costs,including witness fees (expert and non-expert),attorney's fees and court costs on appeal.
13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal,state and local laws,rules and regulations,
including,but not limited to,the requirements concerning working hours, overtime,medical
care, workers compensation insurance, health care payments, payments to employees and
subcontractors and income tax withholding contained in ORS Chapters 279A, 279B, and
279C,the provisions of which are hereby made a part of this agreement.
14. CITY OF TIGARD BUSINESS LICENSE
Contractor shall obtain,prior to the execution of any performance under this Agreement,a City
of Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31st expiration date. New businesses operating in Tigard after June 30th of the current
year will pay a pro-rated fee though the end of the calendar year.
15. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract,this instrument shall control
and nothing herein shall be considered as an acceptance of the teres of proposal conflicting
herewith.
16. 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 shall not
be affected to the extent that it did not materially affect the intent of the parties when they entered
into the agreement.
17. COMPLETE AGREEMENT
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibits, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
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No waiver,consent,modification,or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver, consent,modification, or change if
made,shall be effective only in specific instances and for the specific purpose given. There are
no understandings,agreements,or representations,oral or written,not specified herein regarding
this Agreement Contractor, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TYGARD CASS S C.
1.
By:Authorized City Representative VVlqll
hotized Contractor presenta
qIti, 1201 o,
Date Date
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