Chorak Mowing ~ C190066
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: C190066a3
Contract Start Date: 04/04/2019 Contract End Date: 06/30/2024
Contract Title: Right of Way Mowing
Contractor Name: Chorak Mowing
Contract Manager: Adam Jensen
Department: PW - Streets
Contract Costs
Original Contract Amount: $50,000.00
Total All Previous Amendments: $75,000.00
Total of this Amendment: n/a
Total Contract Amount: $125,000.00
Procurement Authority
Contract Type: General Services
Procurement Type: Formal RFP >$150K
Solicitation Number:
LCRB Date: 3/26/2019
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Extend the end date
DocuSign Routing
Route for Signature Name Email Address
Contractor Mike Chorak chorakmowing@comcast.net
City of Tigard Steve Rymer stever@tigard-or.gov
Final Distribution
Contractor Mike Chorak chorakmowing@comcast.net
Project Manager Adam Jensen adamj@tigard-or.gov
Project Manager
Buyer Toni Riccardi tonir@tigard-or.gov
CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM
Contract Overview
Contract/Amendment Number: C190066a2
Contract Start Date: 04/04/2019 Contract End Date: 04/30/2024
Contract Title: Right of Way Mowing
Contractor Name: Chorak Mowing
Contract Manager: Adam Jensen
Department: PW- Streets
Contract Costs
Original Contract Amount: $50,000.00
Total All Previous Amendments: $75,000.00
Total of this Amendment: n a
Total Contract Amount: $125.000.00
Procurement Authority
Contract Type: General Services
Procurement Type: Formal RFP >S1 50
Solicitation Number:
LCRB Date: 3/26/2019
Account String: Fund-Division-Account Work Order—Activit):Y=e Amount
FY
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Extend the end date/ Update fee rates
DocuSign Routing
Route for Signature Name Email Address
Contractor Mike Chorak chorakmowing&comcast.net
City of Tigard Steve Rymer stever&tigard-or.gov
Final Distribution
Contractor Mike Chorak chorakmowingkcomcast.net
Project Manager Adam Jensen adam' ti and-or. ov
Project Manager
Buyer Toni Riccardi tonir ti and-or. ov
DocuSign Envelope ID:03CB5156-4FB7-485C-8723-D422157FB344
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
RIGHT OF WAY MOWING SERVICES
C190066
AMENDMENT #2
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Chorak Mowing,hereinafter referred to as Contractor,is hereby amended as follows:
1. COMPENSATION
Section 3 of this contract is amended to be modified by increasing the hourly rates by a negotiated
seven (7%) effective July 1,2022. This shall be replaced in its entirety a revised schedule reflecting this
change.
2. EFFECTIVE DATE AND DURATION
This agreement is hereby amended to provide that the expiration date is April 30, 2024.
3. Except as expressly provided in this contract amendment, all other terms remain unchanged.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD CHORAK MOWING
pawep�.eor-
vaeu0-0 c r-
S{fu�G !.P LA,:Z{,"
Signature Signature
Steve Rymer Mike chorale
Printed Name Printed Name
8/15/2022 8/15/2022
Date Date
City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd.
AMENDMENT SUMMARY Tigard,Oregon 97223
Phone- (503) 639-4171
FIELD CHANGE ORDER FORM Fax- (503) 684-7297
www.ti and-or. ov
Project Title: Right of Way Moving Project Manager: Adam Jensen
Contractor: Chorak Mowing Original Contract#: C190066
Effective Dates: 04/04/2019-04/30/2021 extension Chane Order/Amendment Amount: $25,000 annual
Accounting String: 200-6200-54001 Amendment Percentage Running Total: 50%
AMENDMENT DETAILS
The additional locations in this amendment were initial left out of the ITB or have been included due to a
CIP project being completed. Each location is typically mowed 5 or 6 times per year.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Tigard Street Path (per mow) LF 6,976.5 0.269 $1,876.71
69'&Dartmouth (per mow LF 4,933 0.269 $1,326.98
74'Avenue (per mow) LF 3,400 0.269 $914.29
REASONING FOR CHANGE ORDER/AMENDMENT
The additional locations were either inadvertently omitted in the original ITB or have been included due to a
CIP project wrapping up.
BUDGET IMPACT AND REQUIRED ACTIONS
PW Business Team will evaluate and follow and will ask7orasupplemental action if needed.
REQUESTING PROJECT MANAGER APPROVING STAFF
Adam Jensen7
rrett
Signature ature
6/30/2 020
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
RIGHT OF WAY MOWING SERVICES
C190066
AMENDMENT#1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Chorak Mowing,hereinafter referred to as Contractor, entered into on the 4`' day of April, 2019,is
hereby amended as follows:
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Seventy-Five Thousand and No/100 Dollars
075,000.00) annually and in accordance with Attachment C Fifty=i"h--asa a afid No ,,0 _,..ilar..
30f}( for performance of those services described herein, which payment shall be based on the
following applicable terms:
ATTACHMENT C
MOWING LIST
The following right-of-way areas are added to the service areas:
Location Linear Feet Unit Price Total per Mow
Tigard Street Path 6,976.5 $0.269 $1,876.71
69th &Dartmouth 4,933 $0.269 $1326.98
74th Avenue 3,400 $0.269 $914.29
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD CHORAK MOWING
Signature Signature
Martha Wine Xlrf �,l
Printed Name Printed Name
6/30/2020 j� t� `
Date Date
City of Tigard
May 5, 2020
Chorak Mowing
Attn: Michael Chorak
488 Benton View Dr.
Philomath, OR 97370
REF.: City of Tigard Right of Way Moving
Period: May 1, 2020 through April 30, 2021
CONTRACT NOTICE OF AWARD — RENEWAL
Contract # C190066
Dear Mr. Chorak
The City of Tigard has determined that your company has performed in accordance with the requirements
of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the
terms and conditions of the Agreement, desires to exercise its first (1 one-year extension to the Contract
effective from May 1, 2020 through April 30, 202j. This renewal period shall be governed by the
specifications, pricing, and the terms and conditions set forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space provided
below and returning it to me within ten (10) days. You may keep a copy for your records.
The City looks forward to doing business with Chorak Mowing.
Sincerely,
Jamie Greenberg
Purchasing Assistant
503-718-2492
)amie@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements,
terms, and conditions as set forth in the above referenced Contract.
Company: C-4 i 144 om Signed: 9 �'}
Date: " /? Printed: e-.6r .f / (-f^C✓`�1 �
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MLTSTACCOMPANYEVER YCONTRA CT) C
Contract Title: Right of Way Alowing Number:
Contractor. C ntak',%Iowin? Contract I"otal 47,139.20
Conan&Overvim-, Ms contract is to move CIM of Lggard, Rtght of Waz.. It will also include some
limited rice ttimming when deemed necessary Ihere are estimated 28,800 linear feet
with an additional 4,500 square feet to be moi ed.
Initial Risk bevel: ❑ F...tteme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Rist;. Signature:
Contract>\Iauagcr: .Adam Jensen Ext. 2606 Department: 6200/ Streets
Tvpe: [] Personal Svc ❑ Professional Svc ❑ Atcb.itectural A. P blit Imp Q ner vc
I.,aiginecring Svc F1 Other: Start Date: End Date:
Quotes/Bids/Propusat FIRMCORE
Choral_Alowin
Pacific Landscape Services, Inc
Kee tog U12 With the Jones
.Account String: Fund-Division-Account Work Order—Activity T ;pe Amount
FY 2019 200-6200-54001
FY
FY
FY
FY
AnuovaL4 - LCRB Date: March 26`s 2014
Departinent Comments:
f
Department Signature: I
Purchasing Comments:
Purchasing Signature:
Ciq Manager Comments,,
City Alanagcr Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
City ofrigard
FINANCE AND INFORMATION SERVICES
Request for Proposal (RFP)
RIGHT OF WAY MOWING SERVICES
Proposals Due: Thursday, Ianuazy 17, 2019 -2:00 pm local time
Submit Proposals To: City of Tigard—Contracts &Purchasing Office
Attn: Joe Barrett,Principal Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
Direct Questions To: Joe Barrett,Principal Management Analyst
Phone: (503) 718-2477
Email: iosephna,tigard-or.gov
City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 1 (503) 639-4171 1 www.tigard-or.gov
i
PUBLIC NOTICE
REQUEST FOR PROPOSAL
RIGHT OF WAY MOWING SERVICES
The City of Tigard is seeking sealed proposals from qualified firms to provide right of way mowing services
to the City. Proposals will be received until 2:00 pm local time, Thursday,January 17, 2019, at Tigard City
Hall's Utility Billing Counter at 13125 SW Hall Blvd.,Tigard, Oregon 97223.
No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and
electronic (email) proposals will not be accepted not will any proposal be accepted after the stated due date and
time. Any proposal received after the closing time will be returned to the submitting firm unopened after a
contract has been awarded for the required services.
RFP packets may be downloaded from h1W://www.tigard-or.gov or obtained in person at Tigard City Hall's
Utility Billing Counter located at 13125 SW Hall Blvd.,Tigard, Oregon 97223.
Proposers are required to certify non-discrimination in employment practices, and identify resident status as
defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to
comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy.
The City may reject any proposal not in compliance with all prescribed public bidding procedures and
requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public
interest to do so.
PUBLISHED: Daily Journal of Commerce
DATE: Friday,December 21,2018
2019 RFP—Right of Way Mowing Services 2 1 Page
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TABLE OF CONTENTS
TITLE PAGE
Title Page------------ ----------------------- 1
Public Notice.....
-----------------------•----------------
Table of Contents. 3
SECTIONS
Section 1 Introduction 4
Section 2 Proposer's Special Instructions----------------------------------------------------------------------4
Section 3 Background........................................................ 7
Section 4 Scope and Schedule of Work--------- 7
Section 5 Proposal Content and Format_____________________________________________________ 7
Section 6 Proposal Evaluation Procedures 9
Section 7 Proposal Certification_______________
Section 8 Signature Page_______________________ 12
-------------------•-•-------------......-•-------•------------
__-__-
ATTACHMENTS
Attachment A Acknowledgement of Addendum....................................... __ 13
Attachment B Statement of Proposal__________________
-- -•-----•- --------- -•----•-- ------•-- ----------------14
Attachment C Mowing List----- --------
•-----------------------------------------------------------------------------------15
Attachment D General Services Agreement..............................................................................17
2019 RFP—Right of Way Mowing Services 3 Page
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SECTION 1
INTRODUCTION
The City of Tigard is seeking sealed proposals from qualified firms to provide right of way mowing sen-ices
to the City. Proposals will be received until 2:00 pm local time, Thursday,January 17, 2019, at Tigard City
Hall's Utility Billing Counter at 13125 SVS'Hall Blvd.,Tigard, Oregon 97223.
No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and
electronic (email)proposals will not be accepted not will any proposal be accepted after the stated due date and
time. Any proposal received after the closing time will be returned to the submitting firm unopened after a
contract has been awarded for the required services.
Proposers are required to certify non-discrimination in employment practices, and identify resident status as
defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to
comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy.
The City may reject any proposal not in compliance with all prescribed public bidding procedures and
requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public
interest to do so.
SECTION 2
PROPOSER'S SPECIAL INSTRUCTIONS
A. PROPOSED TIMELINES
Friday,December 21,2018 Advertisement and Release of Proposals
Thursday,Januar: 17,2019—2:00 gm Deadline for Submission of Proposals
Tuesday,February 26,2019 Award of Contract by LCRB
Monday,March 11.2019 Commencement of Services
NOTE: The City reserves the right to modify this schedule at the City's discretion
B. GENERAL
By submitting a proposal, the Proposer certifies that the Proposal has been arrived at independently
and has been submitted without any collusion designed to limit competition.
C. PROPOSAL SUBMITTAL
The Proposal and all amendments must be signed and submitted no later than 2:00 pm, Thursday,
January 17, 2019, to the address below. Each proposal must be submitted in a sealed envelope and
designated with proposal title. To assure that your proposal receives priority treatment,please mark
as follows.
RFP—Right of Way Mowing Services
City of Tigard—Utility Billing Counter
Attn: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd.
Tigard,Oregon 97223
Proposer shall put their name and address on the outside of the envelope. It is the Proposer's
responsibility to ensure that proposals are received prior to the stated closing time. The City shall not be
responsible for the proper identification and handling of any proposals submitted incorrectly. Late
proposals, late modification or late withdrawals shall not be considered accepted after the stated bid
2019 RFP—Right of Way Mowing Services 4 1 P a g e
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opening date and time and shall be returned unopened. Facsimile and electronic (email) proposals will
not be accepted.
D. PROTEST OF SCOPE OF WORK OR TERMS
A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and
sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to
the Purchasing Office. A protest may be submitted via facsimile. Any such protest shall include the
reasons for the protest and shall detail any proposed changes to the scope of work or terms. The
Purchasing Office shall respond to any protest and,if necessary,shall issue any appropriate revisions,
substitutions, or clarification via addenda to all interested Proposers.
To be considered, protests must be received at least five (5) days before the proposal closing date.
The City shall not consider any protest against award due to the content of proposal scope of work
or contract terms submitted after the established protest deadline. All protests should be directed to
the attention of Joe Barrett, Sr. Management Analyst, and be marked as follows:
RFP Specification/Term Protest
City of Tigard—Contracts and Purchasing Office
Attn: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd.
Tigard,Oregon 97223
If a protest is received in accordance with section above, the proposal opening date may be extended if
necessary to allow consideration of the protest and issuance of any necessary addenda to the proposal
documents.
E. PROPOSAL SUBMISSION AND SIGNING
All requested forms and attachments (Signature Page, Acknowledgment Addendum, Statement of
Proposal, etc.) must be submitted with the Proposal and in the required format. The submission and
signing of a proposal shall indicate the intention of the firm to adhere to the provisions described in
this RFP.
F. COST OF PREPARING A PROPOSAL
The RFP does not commit the City to paying any costs incurred by Proposer in the submission or
presentation of a proposal, or in making the necessary studies for the preparation thereof.
G. INTERPRETATIONS AND ADDENDA
All questions regarding this project proposal shall be directed to Joe Barrett,Sr.Management Analyst.
If necessary, interpretations or clarifications in response to such questions will be made by issuance
of an "Addendum" to all prospective Proposers within a reasonable time prior to proposal closing,
but in no case less than 72 hours before the proposal closing. If an addendum is necessary after that
time, the City,at its discretion, can extend the closing date.
Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the
"Acknowledgment of Addendum"with proposal. Only questions answered by formal written addenda
will be binding. Oral and other interpretations or clarifications will be without legal effect.
H. BUSINESS LICENSE/FEDERAL TAX ID REQUIRED
The City of Tigard Business License is required. Chapter 5.4 of the Tigard Municipal Code states any
business doing business in the City of Tigard shall pay a City of Tigard Business License. Successful
2019 RFP—Right of Way Mowing Services 5 1 Page
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Contract will be required to present a copy of their City of Tigard Business License at the time of
contract execution. Successful Contractor shall also complete a W-9 form for the City at the time of
contract execution.
I. CITY'S PROJECT MANAGER
The City's Project Manager for this work will be Adam Jensen,Sr. Utility Worker,who can be reached
by phone at (503) 718-2591 or by email at adamjoa?tigard-or.gov.
J. PROPOSAL VALIDITY PERIOD
Each proposal shall be irrevocable for a period of ninety (90) days from the Proposal Opening Date.
K. FORM OF CONTRACT
A copy of the City's standard general services agreement,which the City expects the successful firm
or individual to execute,is included as "Attachment C". The contract will incorporate the terms and
conditions from this RFP document and the successful proposer's response documents. Firms taking
exception to any of the contract terms shall submit a protest or request for change in accordance with
Section 2.D "Protest of Scope of Work or Terms" or their exceptions will be deemed immaterial and
waived.
L. TERM OF CONTRACT
The term of the contract shall be a period of one (1) year with the mutual option to renew for up to
four (4) additional one-year periods. The total term of the contract cannot exceed five (5)years.
M. TERMINATION
The contract may be terminated by mutual consent of both parties or by the City at its discretion with
a 30 days' written notice. If the agreement is so terminated, Contractor shall be paid in accordance
with the terms of the agreement.
N. INTERGOVERNMENTAL COOPERATIVE PURCHASING
The bidder submitting this proposal agrees to extend identical prices and services under the same
terms and conditions to all public agencies in the region. Quantities stated in this solicitation reflect
the City of Tigard usage only.
Each participating agency shall execute its own contract with the lowest responsible/responsive bidder
for its requirements. Any bidder(s), by written notification included with their bid, may decline to
extend the prices and terms of this solicitation to any and/or all other public agencies.
O. NON-COLLUSION
Proposer certifies that this proposal had been arrived at independently and has been submitted without
collusion designed to limit independent bidding or competition.
P. PUBLIC RECORD
All bid material submitted by bidder shall become the property of the City and is public record unless
otherwise specified. A bid that contains any information that is considered trade secret under ORS
192.501(2) should be segregated and clearly identified as such. This information will be kept
confidential and shall not be disclosed except in accordance with the Oregon Public Records Law,
ORS 192. The above restrictions may not include cost or price information,which must be open to
the public.
2019 RFP—Right of Way Mowing Services 6 + Page
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SECTION 3
BACKGROUND
The City of Tigard was incorporated in 1961 and today is a clean,livable, and affordable community. Tigard
is located in southeast Washington County, 15 minutes from downtown Portland. Tigard's population 51,902
residents (2016 census). As a community, Tigard strives to blend the amenities of a modern city with the
friendliness and community spirit of a small town.
The City is requesting bids to provide mowing of the City's right of way areas. There are approximately 33,000
linear feet of right-of-way areas along ditch lines, railroad tracks, etc. that are maintained by the City. These
areas are typically mowed and weeded five or six times per year.
SECTION 4
SCOPE AND SCHEDULE OF WORK
A. Successful Contractor will mow approximately 28,800 linear feet of right of way with an average width
of 15 feet to a height of between four (4) and six (6) inches. Requested services will also cover 4,500
square feet area on 72°d near Pacific Hwy.
B. Successful Contractor will mow a minimum of five (5) times and maximum of six (6) times annually.
C. Mowings will be done from the City of Tigard's mowing book and map.
D. Mowings will be on an as call basis and Contractor shall respond to City's call within five (5) days.
E. Successful Contractor will include weed eating around all post in the areas that are being mowed.
F. Successful Contractor must supply all equipment needed to mow and weed eat the areas specified.
G. Successful Contractor will be responsible for supplying all traffic control equipment needed,including
all signs,cones,and,if required, flaggers.
SECTION 5
PROPOSAL CONTENT AND FORMAT
A. FORMAT
To provide a degree of consistency in review of the written proposals, firms are requested to prepare
their proposals in the standard format specified below.
1. Title Page
Proposer should identify the RFP Title, name and title of contact person, address, telephone
number, fax number, email address and date of submission.
2. Transmittal Letter
The transmittal letter should be not more than two (2) pages long and should include as a
minimum the following:
a. A brief statement of the Proposer's understanding of the project and services to be
performed;
b. A positive commitment to perform the services within the time period specified, starting
and completing the project within the deadlines stated in this RFP; and the names of
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persons authorized to represent the Proposer, their title, address and telephone number
(if different from the individual who signs the transmittal letter)
3. Table of Contents
The table of contents should include a clear and complete identification by section and page
number of the materials submitted.
4. Firm and Team Qualifications
a. Background of the firm. This should include a brief history of the firm and types of
services the firm is qualified to perform.
b. Qualifications of the firm in performing this type of work. This should include examples
of related experience and references for similar studies and projects.
e. Proposers must identify the anticipated members of their firm that will be assigned to meet
the City's needs. Proposers should identify individuals and subcontractors who will
provide the services, their experience, and their individual qualifications. Pertinent
resumes of assigned personnel should be included.
5. Project Understanding and Approach
Proposers should provide the City with information regarding their understanding of the City's
needs with regards to the Scope and Schedule of Work. Proposers should demonstrate a
general understanding of the needs of a municipality in the State of Oregon from a landscape
maintenance firm that routinely works in busy right of ways. As part of their service
understanding documentation, Proposer's should address their availability to meet the City's
needs.
6. Cost Structure
The proposed fee structure should include the complete breakout for the Contractor's costs
to provide all of the services under the subsequent contract. Proposers must give the city a
cost per linear foot for both standard right of way mowing and separate linear cost for mowing
in the right of way at SW 72°a Ave and Pacific Highway.
B. ADDITIONAL SERVICES
Provide a brief description of any other services that your firm could provide the City and an
approximation of the hourly charge for each service of this type. Such services would be contracted
for on an"as needed"basis,to be provided and billed for separately.
C. ADDITIONAL INFORMATION
Please provide any other information you feel would help the Selection Committee evaluate your
firm for this project.
D. REFERENCES
Contractor must demonstrate successful past performance of the firm's ability to provide services as
set forth in this specification. Contractors must detail three (3) references to document experience.
References must be detailed in Attachment B "Statement of Proposal"
E. DISPUTES
Should any doubt or difference of opinion arise between the City and a Proposer as to the items to be
furnished hereunder or the interpretation of the provisions of this RFP,the decision of the City shall
be final and binding upon all parties.
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F. CITY PERSONNEL
No Officer,agent,consultant or employee of the City shall be permitted any interest in the contract.
SECTION 6
PROPOSAL EVALUATION PROCEDURES
A. SELECTION AND EVALUATION PROCESS
A Selection Committee assembled by the City will review the written proposals. Proposals will be
evaluated to determine which ones best meet the needs of the City. After meeting the mandatory
requirements, the proposals will be evaluated on both their technical and fee aspects. The Selection
Committee will select the Proposer which best meets the City's needs based upon its evaluation of a
firms proposal. Proposals will be evaluated in accordance with the following:
1. Completed Proposal submitted on time Pass Fail
2. An original plus three (3) copies of the complete proposal Pass Fail
3. Transmittal letter Pass Fail
4. Firm and team qualifications 40 points
5. Project understanding and approach 30 points
6. Cost structure 30 points
TOTAL EVALUATION POINTS 100 POINTS
B. PRESENTATION/INTERVIEW
At the option of the City, the top scoring proposers (based on the criteria points) may be asked to
make a presentation of their proposal. This will provide an opportunity to clarify or elaborate on the
proposal, but will not, in any way provide an opportunity to change any fee amount originally
proposed. The City's Project Manager will schedule the time and location of these presentations and
notify the selected firms. If the City elects to conduct a presentation/interview process, 25 criteria
points will be assigned to the process and will be added to the participating Proposers' total points.
C. INVESTIGATION OF REFERENCES
The City reserves the right to investigate references and the past performance of any Proposer with
respect to its successful performance of similar projects, compliance with specifications and contractual
obligations,its completion or delivery of a project on schedule and its lawful payment of employees and
workers.
D. CLARIFICATION OF PROPOSALS
The City reserves the right to obtain clarification of any point in regards to a proposal or to obtain
additional information necessary to properly evaluate or particular proposal. Failure of a Proposer to
respond to such a request for additional information or clarification could result in rejection of their
proposal.
E. RESERVATION IN EVALUATION
The Selection Committee reserves the right to either: (a) request "Best and Final Offers" from the
two finalist firms and award to the lowest priced or (b) to reassess the proposals and award to the
vendor determined to best meet the overall needs of the City.
F. INTENT OF AWARD
Upon review of the proposals submitted,the City may negotiate a scope of work and a general services
agreement with one firm, or may select one or more firms for further consideration.
2019 RFP—Right of Way Mowing Services 9 1 Page
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G. PROTEST OF AWARD
In accordance with Tigard Public Contracting Rule 30.135,any adversely affected Proposer has seven
(7) calendar days from the date of the written notice of award to file a written protest.
H. PROPOSAL REJECTION
The City reserves the right to:
1. Reject any or all proposals not in compliance with all public procedures and requirements;
2. Reject any proposal not meeting the specifications set forth herein;
3. Waive any or all irregularities in proposals submitted;
4. In the event two or more proposals shall be for the same amount for the same work,the City
shall follow the provisions of LCRB 30.095 and Section 137-095 of the Oregon Attorney
General's Model Public Contract Manual;
5. Reject all proposals;
6. Award any or all parts of any proposal; and
7. Request references and other data to determine responsiveness.
2019 RFP—Right of Way Mowing Services 10 1 Page
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SECTION 7
PROPOSAL CERTIFICATIONS
Non-discrimination Clause
The Contractor agrees not to discriminate against any client, employee or applicant for employment or for
services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited
to,the following:employment upgrading,demotion or transfer;recruitment or recruitment advertising;layoffs
or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It
is further understood that any contractor who is in violation of this clause shall be barred from receiving
awards of any purchase order from the City,unless a satisfactory showing is made that discriminatory practices
have terminated and that a recurrence of such acts is unlikely.
Agreed by:
Firm Name: p�
Address: q0 If
Resident Certificate
Please Check One:
Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during the last
twelve calendar months immediately preceding the submission of this proposal.
Or
❑ Non-resident Vendor:Vendor does not qualify under requirement stated above.
(Please specify your state of residence:
Officer's signature:
Type or print officer's name.
2019 RFP—Right of Way=Mowing Services 11
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i
SECTION 8
SIGNATURE PAGE
The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated;
and that all articles supplied under any resultant contract will conform to the specifications herein,
The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications
and by City policies and regulations.
The undersigned,by submitting a proposal, represents that:
A) The Proposer has read and understands the specifications.
B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify
the Proposer as being non-responsive.
The undersigned certifies that the proposal has been arrived at independently and has been submitted without
any collusion designed to limit competition.
The undersigned certifies that all addenda to the specifications has been received and duly considered and
that all costs associated with all addenda have been included in this proposal:
Addenda: No. through No. 0 inclusive.
We therefore offer and make tivs proposal to furnish services at the price(s)indicated herein in fulfillment of
the attached requirements and specifications of the City.
Name of firm: h4"�
Address: ( � y�` '►�i
Telephone Number: 9"// +Z30 -- f9Z ! Fax Number:
-0001,
By: Date.: f 17'
(Signature of Authorized Official. If partnership, signature of one partner.)
Typed Name/Title: lic,4& �&i1; ,/iwang —
If corporation, attest:
(Corporate Officer)
❑ Corporation ❑ Partnership �f/ Individual
Federal Tax Identification Number (TIN): Y V 1 Z�/�y 60
2019 RFP–Right of Way Mowing Services 12 4'
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ATTACHMENT A
CITY OF TIGARD, OREGON
ACKNOWLEDGMENT OF ADDENDA
Project Title: Right of Way Mowing Services
Close: Thursday,January 17. 2019- 2:00 gm
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA (Ifnone recehed. ui*e 'None Receb)ed'):
1. ki Or- t &oo V-4 3.
2. 4.
- / x,19
Dater
l�2wa�.C-
Signature of Proposer
drug
Title
Acritat
►'�1�
Corporate Name IV
2019 RFP—Right of Way Mowing Services 13
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ATTACHMENT B
CITY OF TIGARD, OREGON
STATEMENT OF PROPOSAL
Name of Consultant: cytoa M l�
Mailing Address: LITT lj jA
173? 0
Contact Person: A C A�
Telephone:5�t Z3 0 L!i9 Fax: Sal ' L30 -"2 Email:
accepts all the terms and conditions contained in the City of Tigard's Request for Proposal for Right of Way
Mowing Services and the attached general services agreement (Attachment C):
Signature of authorized representative Date
Type or print name of authorized representative Telephone Number
Ute'-ei,rAe.Q c4m4l- S AL1- Zio
Type or print name of person(s) authorized to negotiate contracts Telephone Number
REFERENCES
Adq,vs 7-
.01
Reference #1 Telephone Number
Project Title Contact Individual
qre„u,, 7
Reference #2 Telephone Number
Vi . in
Project Title Contact Individual
K,vlrmk, NoA �` - hoz-- 1775
Reference #3 Telephone Number
5.%5 57 /Row m� xwr4 &-e-
Project Title Contact Individual
2019 RFP—Right of Way Mowing Services 14
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ATTACHMENT C
MOWING LIST
Area Segment Location Linear
Feet
25D 103 E/S of 69th Ave.,BTW-N ALFRED ST.&WALNUT TERR. (2 Ditches at 9410& 190'
9450
36A 307 N/S OF OAK ST.,BTWN 72ND AVE&72ST AVE (DITCHLINE E/O 72ND 180'
AVE.
35A 232 E/S OF JEFFERSON ST., 10211 TO LOCUST ST. 205'
35A 208 S/S OF LOCUST ST.,JEFFERSON ST.TO 1ST LIGHTPOLE 100'
35A 281 N/S&S/S OF OAK ST.,BRIDGE TO 87TH AVE. 150' (EA)
35A 301 S/S OF OAK ST.,8840 TO 87TH AVE. 280'
36D 695 E/S OF 72ND AVE.,BAYLOR ST.TO 11240 920
36D 645 W/S OF 68TH PKWY.,S/O DRIVEWAY AT FORMER BLITZ LOCATION 1400'
TO ATLANTA ST.
36D 848 E/S OF 72ND AVE.,DITCH BTWN 11930& 11860 100'
1A 1344 E/S OF 66TH AVE.,315'N/O 68TH PKWY TO 400'N/O FRANKLIN ST. 2145'
1D 1182
1023
12A 2468 E/S OF 74TH AVE.,DRIVEWAY(AT 15920)TO 275'S/O BONITA RD 3400'
12D
12A 2468 W/S OF 74TH AVE.,545'S/O BONITA RD TO 100'N/O 14865 150'
12D 2468 W/S OF 74TH AVE., 15245 (S/O DRIVEWAY)TO 510'S/O 15245 (FIRE 510'
HYDRANT)
11C 2388 S/S OF DURHAM RD.,BTWN 9830&9750 175'
2391
11C 2956 W/S OF HOODVIEW DR., 30'N/0 KABLE ST TO KABLE ST. 30'
11C 2109 N/S OF KABLE ST.,HOODVIEW DR TO 10195 135'
11B 2007 W/S OF 100TH AVE,MURDOCK ST.TO PEPPER TREE IN 550'
11B 2058 W/S OF 98TH AVE.,MURDOCK ST TO 15065 660'
11C
11C 2065 N/S OF SATTLER RD.,DRIVEWAY(AT 9565)TO 96TH AVE. 90'
11A 1703 E/S OF 93RD AVE., 130'S/O MCDONALD ST.TO MCDONALD ST. 130'
2D 1658 S/S OF MCDONALD ST. 93RD AVE TO 9150 425'
11B 1696 E/S OF 97TH AVE.,N/O 14050 MCDONALD ST. 120'
2C 1396 E/S OF FREVG'ING ST.N/O CHURCH DRIVE-WAY TO APT. DRIVEWAY 120'
9915
2A 891 E/S OF CENTER ST.PATH (AT PARK)TO 8975 525'
35B 522 N/S OF SHADY IN., 10840 95TH AVE.TO END OF GUARDRAIL(ON 300'
SHADY LN.
35B 522 S/S OF SHADY LN.,END OF GUARDRAIL(ONSHADY LN.)TO 10865 440'
95TH AVE
35C 518 N/S OF NORTH DAKOTA ST.,W/O Rxr TRACKS TO W/O BIKE PATH 450'
35C 518 S/S OF NORTH DAKOTA ST.,LOT W/O BIKE PATH TO Rxr GUARDRAIL 455'
E/S&W/S
35C 643 E/S OF TIEDEMAN ST. (N/O TIGARD ST.),N/O SIDEWALK TO Rxr 130'
GUARDRAIL E/S&W/S
35C 644 N/S OF TIGARD ST.,TIEDETvIAN ST. TO BIKE PATH W/O BRIDGE 200'
35C 644 S/S OF TIGARD ST.,W/O BRIDGE (ORANGE&WHITE POST)TO 300'
TIEDEMAN ST.
2019 RFP—Right of Way Mowing Sen-ices 15 1 Page
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2A 925 N/S OF TIGARD ST.,BTV6N BRIDGE&9350 220'
2A 925 S/S OF COMMERCIAL ST.,98TH AVE.TO MAIN ST. (END AT PARKING 1990'
2B thru LOT)
35C 795
2A 952 S/S OF TIGARD ST.,BTWN BRIDGE&9350 100'
2A 952 N/S OF TIGARD ST.,FROM PACIFIC H\X'Y OVERPASS TO PERTY LINE 3070'
2B 867 AT 11530 TIEDEMAN
35C 798
36D 775 72ND&BAYLOR ST 150'
2019 RFP—Right of Way Mowing Services 16 Page
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AZTACHM NT C
CITY OF MGARD,OREGON
RIGHT OF SPAY BIO?FORM-CONTRACTOR'S PROPOSAL
The Bidder,whose legal signature binding the Bidder to the bid prices indicated on these pages,hereby bids
as follows:
EsrnMATED LUgEARCosy PER COST PER
Fir tit MpwnvG
DESCREMON LEMEAR FOOT ESi7MATED Mow
Cost shall be based upon a per linear
foot charge. The City estimates no $ mow
28,800 less than 5 and no more than 6
m
$
Cost per sq.ft , mow
4,500 sq.ft. 7e and Pacific Hwy. V .FT-
NOTE-if a
t.NOTEifa bid requires more table space to list pricing det4 Bidder is to submittnfWmation on
additional copy of"fOm-
bdders S, ature: C�cYU� J,,✓�n
Print Corporate Name of Bidding Fitm:_ f
Pant Bidder Rep.Name and Title:
Bidder Representative Sigmwm:-
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
ROADSIDE MOWING
THIS AGREEMENT made and entered into this 4' of April, 2019 by and between the City of Tigard, a
municipal corporation of the State of Oregon,hereinafter called"City",and Chorak Mowing,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 roadside mowing 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 becomes effective upon the date of execution and expires,unless
otherwise terminated or extended, on April 30, 2020. The City and Contractor may mutually agree in
writing,to four(4)additional one(1)year extension to this Agreement The execution of any extension
period must be completed no less than thirty(30) days prior to the end of any contract year. The total
life of this contract may not exceed five(5)years. All services shall be completed prior to the expiration
of this Agreement
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Fifty Thousand and No/100 dollars($50,000.00)
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
City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 (503)639-41711 www.tigard-or.gov
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,furnishing 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 suns 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 parry 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 MAS 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:
CITY of Ti G -
Attn:Adam Jensen Attn:Mike Chorak
Address: 13125 SW Hall Blvd. Address: 488 Benton View Dr
Tigard,Oregon 97223 Philomath OR 97370
Phone: (503) 718-2606 Phone: (541) 230-0289
Email: adamj@tieard-or. v Email: chorakmowtng@comcast.net
6. TERMINATION
There shall be no penalty for early termination. 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 MAJEURE
Neither City nor Contractor shall be considered in default because of any delays in completion and
2019 RFP—Right of Way Mowing Services 2 1 P a g e
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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-DISCRIMINATION
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.
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
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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"form. The Combined Single
Limit per occurrence shall not be less than$2,000,000.
C. Workers' CgMensation 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.
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.
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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. Primary 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
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 attomey 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. 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 US District Court for Oregon,Portland.
15. 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.
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16. 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 terms of proposal conflicting herewith.
17. 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.
18. REPRESENTATIONS AND WARRANTIES
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor,
enforceable in accordance with its terms.
C. Contractor(to the best of Contractor's knowledge,after due inquiry),for a period of no fewer than
six calendar years (or since the firm's inception if less than that) preceding the effective date of
this Agreement,faithfully has complied with:
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316,
317,and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
to Contractor's property, operations, receipts, or income, or to Contractor's performance of
or compensation for any work performed by Contractor;
3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
or to goods, services,or property,whether tangible or intangible,provided by Contractor;and
4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced any of
the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Contractor's services rendered in the performance of Contractor's obligations under this
Agreement,shall be provided to the City free and clear of any and all restrictions on or conditions
of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims,
- mortgages,security interests,liabilities,charges,and encumbrances of any kind.
19. COMPLIANCE WITH TAX LAWS
A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all
tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon.
For the purposes of this Section,"tax laws"includes all the provisions described in subsection 25.C.
1)through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
Further, any violation of Contractor's warranty, in subsection 25.0 of this Agreement, that the
Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any
political subdivision of this state also shall constitute a material breach of this Agreement. Any
violation shall entitle the City to terminate this Agreement,to pursue and recover any and all damages
2019 RFP—Right of Way Mowing Services 6 1 P a g c
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that arise from the breach and the termination of this Agreement, and to pursue any or all of the
remedies available under this Agreement,at law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) E::ercise of the right of setoff, and withholding of amounts otherwise due and owing to
Contractor,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. The City shall be entitled to recover any and all damages suffered as the result
of Contractor 's breach of this Agreement, including but not limited to direct, indirect,
incidental and consequential damages, costs of cure, and costs incurred in securing a
replacement Contractor.
These remedies are cumulative to the extent the remedies are not inconsistent,and the City may pursue
any remedy or remedies singly, collectively, successively, or in any order whatsoever.
20. 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.
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.
Awarded by Tigard's Local Contract Review Board at their March 26, 2019 meeting.
CITY OF TIGARD CHORAK MOWING
1i�. -
By: Authorized City Representative By: Authorized Contractor Representative
Date Date
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