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Chorak Mowing - CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO RIGHT OF WAY MOWING, THIS AGREEMENT made and entered into this 14th of July, 2008 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Chorak Mowing,hereinafter called Contractor. 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 Right of Way Mowing as detailed in the Invitation to Bid, Exhibit A— Scope of Services, Exhibit B — Contractor's Proposal, 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, 2009. The City shall also retain the rights to four (4) one-year extensions to the Contract. All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an amount not exceeding Thirty Seven Thousand Four Hundred Twenty Two and 00/100 dollars ($37,422) annually 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 General Services Agreement-09-11-03 Rev.-09/17/03 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 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. .5. 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. 6. 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: Contract Manager for City Contract Manager for Contractor City of Tigard Company: Chorak Mowing Attn:Vance Walker Attn:Michael Chorak 13125 SW Hall Blvd.,Tigard,Oregon 97223 Address: 1982 SE Powells Rd. Corvallis,OR 97333 Phone:(503)639-4171 ext.2606 Phone: 541-757-7842 Fax: 503-684-8840 Fax: Email Address: vane@tigard-or.gov Email Address: 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before 30th of June, 2009 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. If City terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered prorated to the date of termination. 8. 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. 9. FORCE MAJEURE 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, General Services Agreement-09-11-03 Rev.-09/17/03 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. 10. 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 659.425, and all regulations and administrative rules established pursuant to those laws. 11. INDEMNITY/HOLD HARMLESS Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, 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 under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 12. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all 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 (1996 ISO 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 1,000,000 Products-Completed Operations Aggregate 1,000,000 Personal &Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 B. Business Automobile Liability Insurance If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor shall provide City a certificate indicating that Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an General Services Agreement-09-11-03 Rev.-09/17/03 additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance The Contractor and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. 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 such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. D. Insurance Carrier Rating All coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. E. 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 effected until the required certificates have been received and approved by the City. 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. 20. 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. 21. 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 Chapter 279B, the provisions of which are hereby made a part of this agreement. 22. 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. 23. 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 General Services Agreement-09-11-03 Rev.-09/17/03 affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 24. INDUSTRIAL ACCIDENT FUND PAYMENT Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 25. 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 Exhibit, 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 modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 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 Contractor 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 TIGARD Approvedb ig Local Contract Review Board on: 10110166 /S�� By: Auth ' ed City staff person letting contract Date CONTRACTOR e'-A DMIL KqtJ4 By: Company Name Print Name&Title of Authorized Representative e< 7- Sign Name Date General Services Agreement-09-11-03 Rev.-09/17/03 EXHIBIT A SCOPE OF SERVICES 1. Contractor will mow approximately 33,000 linear feet of right of way with an average width of 15 feet to a height of between four(4) and six (6) inches. 2. Contractor will mow a minimum of five (5) times and maximum of six (6)times annually. 3. Mowings shall be done from the City of Tigard's mowing book and maps. 4. Mowings shall be done on an as call basis and Contractor shall respond to City's call within five (5) days. 5. Contractor shall weed eat around all post in the area of the right of way that are being mowed. 6. Contractor shall supply all equipment needed to mow and weed eat the areas specified. 7. Contractor shall supply all traffic control equipment needed, including all signs, cones, and, if required, flaggers. General Services Agreement-09-11-03 Rev.-09/17/03 EXHIBIT B CONTRACTOR'S PROPOSAL Estimated Linear Description Cost Per Cost Per Feet Per Mowing Linear Foot Estimated Mow Cost shall be based upon a per linear 33,000 foot charge. The.City estimates no less $ .189/ft. $ 6237 /mow than 5 and no more than 6 mowings per year. i Genual Services Agreement-09-11-03 Rev.-09/17/03 ATTACHMENT A City of Tigard Right of Way Mowing Bid Form The Bidder,whose legal signature binding the Bidder to the bid prices indicated on these pages, hereby bids as follows: Estimated,Linear Description , Cost Per, ` Cost Per," er Feet Per Mowin Linear Foot `- Estimated Mow- Cost shall be based upon a per _33,000 linear foot charge. The City $ 3 /ft. $__� /'mow estimates no less than 5 and no more than 6 mowin s per ear. NOTE-'If a bid-requires more table space to list pricing detail,Bidder is to submit information on additional copy of this form: Bidders Signature Print Corporate Name of Bidding Firm: G� ab✓d h Print Bidder Rep. Name and Title: I��p�_��rt{ �, (�y✓ � Bidder Representative Signature: 2008 ITB—Right of Way Mowing Page I I Due: 2:00 PM,Thursday,May 15,2008 ATTACHMENT B ACKNOWLEDGMENT OF ADDENDA City of Tigard, Oregon Invitation to Bid Right of Way Mowing Close:Thursday,May 15,2008, 2:00 PM I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: If none received,write "None Received" /V y� 3. - 2. 4. Date Signature of Proposer Title 0o Corporate Name 2008 ITB—Right of Way Mowing Page 12 Due: 2:00 PM,Thursday,May 15,2008 ATTACHMENT C rN CITY OF TIGARD, OREGON AGREEMENT FOR SERVICES RELATED TO Im (ENTER CONTRACT TITLE) THIS AGREEMENT made and entered into this (Day) of (Month), (Year) by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and (Contractor's Name), 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 (enter project title or brief description) 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 (Enter end date). All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an amount not exceeding (Amount in words) and (00-99)/100 dollars ($Amount in numbers) 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. 2008 ITB—Right of Way Mowing Page 13 Due: 2:00 PM,Thursday,May 15,2008 Contract # 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 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. 5. 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. 6. 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: CITY OF TIGARD (CONTRACTOR) Attn: (City's contact person's name) Attn: (Contractor's contact person's name) Address: 13125 SW Hall Blvd. Address: (Contractor's mailing address) Tigard, Oregon 97223 Phone: (503) (Project Mgr's phone#) Phone: (Project Mgr's phone#) Fax: (Project Mgr's fax#) Fax: (Project Mgr's fax#) Email Address: (Contact person's Email Address: (Contact person's email) email)@tigard-or.gov 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before da of (month), ear 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. If 2008 ITB—Right of Way Mowing Page 14 Due: 2:00 PM,Thursday,May 15,2008 Contract # City terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered prorated to the date of termination. 8. 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. 9. FORCE MAJEURE 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. 10. 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 659.425, and all regulations and administrative rules established pursuant to those laws. 11. INDEMNITY/HOLD HARMLESS Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, 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 under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 12. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all 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 2008 ITB—Right of Way Mowing Page 15 Due: 2:00 PM,Thursday,May 15,2008 Contract # 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 (1996 ISO 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 12000,000 Products-Completed Operations Aggregate 1,000,000 Personal &Advertising Injury 1,0002000 Each Occurrence 12000,000 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 B. Business Automobile Liability Insurance If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor shall provide City a certificate indicating that Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance The Contractor and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. 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 such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. D. Insurance Carrier Rating All coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. E. 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 effected until the required certificates have been received and approved by the City. 2008 ITB—Right of Way Mowing Page 16 Due: 2:00 PM,Thursday,May 15,2008 Contract# 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. 20. 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. 21. 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 Chapter 279B, the provisions of which are hereby made a part of this agreement. 22. 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. 23. 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. 2008 ITB—Right of Way Mowing Page 17 Due: 2:00 PM,Thursday,May 15,2008 Contract# 24. INDUSTRIAL ACCIDENT FUND PAYMENT Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 25. 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 Exhibit, 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 modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 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 Contractor 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. Approved by Tigard's Local Contract Review Board: CITY OF TIGARD (CONTRACTOR) By: Authorized City Representative By: Authorized Contractor Representative Date Date 2008 ITB—Right of Way Mowing Page 18 Due: 2:00 PM,Thursday,May 15,2008 AFFIDAVIT OF PUBLICATION A DJC P.O.Box 10127/Portland,Oregon 97296-0127/(503)226-1311 FAX(503)222-5358 STATE OF OREGON,COUNTY OF MULTNOMAH,--ss I, MARC CAPLAN, being first duly sworn,depose and say that I am a Manager of the DAILY JOURNAL OF COMMERCE,a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State;that I know from my personal knowledge that the INVITATION TO BID CITY OF TIGARD-RIGHT OF WAY MOWING a printed copy of which is attached,was published in the entire issue of this newspaper for 1 time(s)in the following issues: 04/29/2008. CITY OF TIGARD,OREGON RIGHT OF WAY MOWING Bids due 2:00 pm,May 15 INVITATION TO BID The City of Tigard is requesting sealed bids from qualified firms capable of provid- Subscribe and sworn to before me this 1 st day ing mowing of the City's right of way areas. of May,2008. Firms are invited to submit a sealed bid for the requested service in accordance with the terms and conditions contained in the Invitation to Bid packet. Sealed bids will be received by Joe Bar- rett, Contracts/Budget Analyst, at the Tigard City Hall Information Desk located at 13125 SW Hall Blvd.,Tigard,OR 97223. All bids must be received no later than 2:00 PM, on Thursday, May 15, 2008 at which time they will be opened and read. o OFFICIA SEAL Facsimile and electronic(email) bids will S PER Y not be accepted.Bids will not be accepted after the stated opening date and time and T NOTARY -P -OREGON late bids will be returned to the vendor un- COMMISSION NO. 412267 opened. MYCOIvMSSIONEXPIRESNOV27,2010 The City intends to enter into a contract with the successful Bidder to provide right of way mowing for the City. Bid packets may be downloaded from www.tigard-or. gov obtained in person at the Tigard City Hall Information Desk located at 13125 SW Hall Blvd.,Tigard, Oregon 97223, or by calling Joe Barrett at(503)718-2477. Bids must be submitted on the bid form provided in the bid package. The City may reject any bid not in com- pliance with all prescribed public bidding procedures and requirements,and may re- ject for good cause any or all bids upon a finding of the City if it is in the public inter- est to do so. Published Apr.29,2008. 10130167SB-1t CITY OF TIGARD Attn:JOE BARRETT Order No.: 10130167 13125 SW HALL BLVD. TIGARD,OR 97223 Client's Reference No.: Jul 22 2008 9: 55RM CORVALLIS INSURANCE SERVI 5417571452 p. 2 ACS _. CERTIFICATE OF LIABILITY INSURANCE M221 20 8 PRODUCER (541) 757-1990 FAX: (541) 757-1452 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO CORVALLIS INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND O 456 SW Washington Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 760 Corvallis OR 97339 INSURERS AFFORDING COVERAGE NAIC INSURED INSURERAAMCO Insurance Companv 19100 Michael Chorak, DBA: Nick Chorak Mowing INSURER 8: 198:2 SE'. Powells INSURER C: INSUD; RER Corvallis OR 97333 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTIMTHSTANDING REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTI THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICI A I SHOWN MAY HAVE BE iREDUGMM PAID CLAIMS, INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION TYPE OP INSURANCE POLICY NUMBER DATE M/D LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY OHMAGE TO RENTED d LOO, A CLAIMS MADE ❑X OCCUR ACP7551308228 5/28/2008 5/28/2009 EDEXP o rson d 5,( PERSONAL&AnV INJURY d 1,000,( GENERAL A REGA 8 2,000,C GEN•L AGGREGATE LIMIT APPLIES PER: /OP AnG ' 2,000,C X PRO-Irr-T El LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) d ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Par person) H I RED AUTOS BODILY INJ U RY NON-OWNEDAUTOS (Per accident) e PROPERTY DAMAGE - (Per accident) d GARAOB LIABILITY AUTO ONLY-EA ACCIDENT d ANY AUTO OTHER THAN 7 AUTO ONLY: G EXCESSAUMBRISLLA LABILITY EACH OCCURRENCE 4 OCCUR F-1 CLAIMS MADE DEDUCTIBLE d TENITION WORKERS COMPENSATION AND Y1AC STATEN I O EMPLOYERS'LABILITY ANY PROPRIETORIPARTNER/EXECLITNE L EACH ACCIDENT 8 OFFICER/MEMBER EXCLUDED? Ir ye,,,,,,,,er, u , DISEASE-EA EM YE SPE LVI E IS Y LIMIT IS OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHIICLEaOMCLUSIONS ADDED BY ENOORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION (503) 684-7297 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED SERORE THI City Of Tigard EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR To MAII Jamie 10 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NA1mED TO THE LEFT,BU' 13125 SW Hall Blvd Tigard, OR 97223 PAILURE TO DO 80 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THI INSURER IT3 AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _ -- Colleen Davis/CD ACORD 25(2001108) ®ACORD CORPORATION 19 INS025(o�oe>.oea Page 1 Jul 22 2008 9: 55RM CORVALLIS INSURANCE SERVI 5417571452 P. 1 PCOM. CERTIFICATE OF LIABILITY INSURANCE 7/22 00 PRODUCER (541) 7!57-1990 FAX: (541)757-1452 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO CORVALLIS INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND O 456 SW Washington Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 760 Corvallis OR 97339 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Saif CO oration Nick Chorak NJowing INSURER B: 1982 SE Powells INSURERC: INSURER D: Corvallis OR 97333 INSURER E OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING/ REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTI THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICI CLAIMS, INS R POD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE VE PDA MMID MON WORTS GENERAL LWBILITY COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ; CLAMS MADE OCCURwwrmncal D EXP fAny ane perawk 0 PERSONAL& V GENE ; GEN'L AGGREGATE LIMIT APPLIES PE R: POLICY P OT r7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _ ANYAUTO (Ea accident) 0 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) e HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per eoddenl) PROPERT'DAMAGE ; (Per accident) 1 70r NY AU O LIABILITYAUT ONLY-FAACCIDENT 0 OTHER THAN EA A0 I AUTO ONLY: EXCESSIUMBRELLA LIABILITY OCCUR F7 CLAIMS MADE AGGREGATEI DEDUCTIBLE RETENTION A WORKERS COMPENSATION AND STA OTH EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECLrnVE E.L.EACH ACCIDENT •; 500,0 OFFICEWMEMBEREXCLUDED? 940095 AR 4/1/2008 4/1/2009E.L.DISEAS - MPLOYEE 4/1/2009500,0 I yea, ascribe under SPECIAL VI I E L ISFAGF P2LI19y-UMIL 0 500,0 OTHER -T DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENITISPEC WL PROVISIONS CERTIFICATE HOLDER CANCELLATION (503) 684-7297 SHOULD ANY OF TME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH City Of Tigard EXPIRATION DATE THEREOF, THE 198UING INSURER WILL ENDEAVOR TO MAI Jamie 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BU 13125 SW Hall .Blvd Tigard, OR 97223 FAILURE!TO DO So SHALL IMPOSE NO OBLIGATION OR UABILtiY OF ANY KIND UPON TH INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Colleen Davis/CD _ _ = -� •� ACORD 25(2001108) V'ACORD CORPORATION 1! INS025(oiospen Pepe 1 1982 SE Powells Rd. Corvallis OR 97333 (541)757-7842,230-0289 Chofak Mowing �� - 1 ` - D9 May 15', 2008 X88 i VI." City of Tigard, Finance Attn. Joe Barrett—Buyer 13125 SW Hall Blvd. l Tigard, Oregon 97223 Re. Right of Way Mowing Chorak Mowing has been in business since 1987. We specialize in large commercial accounts. We strive for customer satisfaction while obtaining the highest safety standards. Our company policy is to use the most efficient equipment for the job to save both-time and money. References: 1. Vance Walker, 1-503-639-4171 City of Tigard 2. Grant West, 1-503-559-5609 Oregon Rehabilitation Association 3. Ken Finney, 1-503-823-6583 Metro, Portland Oregon 4. Jim Schiller, 1-503-823-2366 City of Portland Environmental Services 5. Buck Taylor, 1-541-766-6916 City of Corvallis Municipal Airport . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1982 SE'Powells Rd. Corvallis OR.97333 ° - _ (541)757-7842,230-0289 ry): • '' - ' Ow.m May 15",2008- :. City of,'Tigardj.ai rice Attn. Joe-Barrett,—, Buyer � . .13125 SW-Hall Blvd: Tigard, Oregori.9,7223 . . Re. Right of Way Mowing Under ORS 279.027-=Chorak.Mowingis a resident bidder. r City of Tigard, Oregon o 13125 SW Hall Blvd. o Tigard, OR 97223 OD August 11, 2008 Chorak Mowing Attn: Michael Chorak 1982 SE Powells Road Corvallis;OR 97333 NOTICE TO PROCEED City of Tigard Right of Way Mowing The contract documents for the above contracts werereceived by our office in complete form. You are hereby notified.to proceed with the work required under the contract. This contract shall expire, unless otherwise terminated or extended,on June 30, 2009. A fully executed copy of the contract document for this project is enclosed. If you have any further questions, I can be reached at 503-718-2594. Sincerely, Kathy Mollusky Acting Management Analyst City.of Tigard Public Works Ph: 503-718-2594 Enclosure Phone: 503.639.4171 o Fax:. 503.684.7297 o www.tigard-or.gov o TTY Relay: 503.684.2772 City of Tigard, Oregon • 13125 SW Hatt Blvd. Tigard, OR 97223 �1 July 14, 2008 , Chorak Mowing Attn: Michael Chorak 1982 SE Powells Road Corvallis, OR 97333 RE: City of Tigard Right of Way Mowing Services Contract Dear Mr. Chorak, Enclosed please find two copies of the revised Service Agreement for Right of Way Mowing Services. Please sign both copies and return them to me. In order to complete the processing of this Contract, we will need you to furnish the following information: • Required Certificates of Insurance (as specified in the contract documents) Upon receipt of these items and approval of the contract by City staff, a Notice to Proceed and a fully executed copy of the contract will be sent to you. If you have any questions please call me at the number shown below. Sin ely, J me Marshall City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718-2594 Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 V TIGARD June 29, 2010 City of Tigard Chorak Mowing Attn: Michael Chorak 488 Benton View Dr. Philomath OR 97370 REF.: City of Tigard Right of Way Mowing Period:July 1, 2010 —June 30, 2011 CONTRACT NOTICE OF AWARD - RENEWAL 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 second (2nd) one-year extension to the Contract effective from July 1, 2010 through June 30, 2011. 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 in the next year. Sincerely, 7fS1 a Greer Gaston Management Analyst 503-718-2595 greer@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: d MD 1' Signed: Date: 7- LI U Printed: A M i Cl kef Gn orwL 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov a August 19,2009 City of Tigard Chorak Mowing Attn: Michael Chorak By Email: chorakmowing@comcast.net REF.: City of Tigard Right of Way Mowing Period:July 1,2009—June 30, 2010 CONTRACT NOTICE OF AWARD-RENEWAL 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 (1st) one-year extension to the Contract effective from July 1, 2009 through June 30,2010. 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 in the next year. Sincerely, ee&eler l Management Analyst 503-718-2595 greer@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: Signed: Date: Y-/ 7 - �� Printed: `Clt- 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov Greer Gaston From: chorakmowing@comcast.net Sent: Wednesday, August 19, 2009 9:35 PM To: Greer Gaston Subject: Re: Contract Renewal Form Greer, Thanks for the e-mail.,_I_sent the signed copy off—this—,afternoon. If you could please-change-our--) address to 488-Benton-View-Dr. Philomath OR_97.370� that would be great. If you ever need to call plea—se-call– e call 541-230-0289. Thank you and have a great day! Mike Chorak ad ----- Original Message ----- .From: "Greer Gaston" <GREER@tigard-or.gov> To: "Michael Chorak (chorakmowing@comcast.net)" <chorakmowing@comcast.net> Cc:,"Vance Walker" <vance@tigard-or.gov> Sent: Wednesday, August 19, 2009 4:56:54 PM GMT -08:00 US/Canada Pacific Subject: Contract.Renewal Form Michael, Thanks for your call. Back on July 20, 1 mailed the original form to: Chorak Mowing 1982 SE Powells Rd Corvallis,OR 97333 Is this the correct address? Let me know if I need to update. I'd appreciate it if you could sign the attached form and return it to: Greer Gaston City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Thanks, Greer Gaston City of Tigard Public Works Department 503.718.2595 greer@tigard-or.gov i n August 19, 2009 City of Tigard Chorak Mowing Attn: Michael Chorak By Email: chorakmowing@comcast.net REF.: City of Tigard Right of Way Mowing Period:July 1, 2009 —June 30, 2010 CONTRACT NOTICE OF AWARD - RENEWAL 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 (1st) one-year extension to the Contract effective from July 1, 2009 through June 30, 2010. 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 in the next year. Sincerely, eeGazl;:�57 Management Analyst 503-718-2595 greer@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: Signed: Date: Printed: 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov I L. X. Itze U&tl - ° was Carnin? x-24 • . ® g :36 &r-u._. July 20, 2009 City of Tigard Chorak Mowing hot Yecc�• F��ez Attn: Michael Chorak Con-�� ✓vie 1982 SE Powells Rd. Corvallis, OR 97333 REF.: City of Tigard Right of Way Mowing Period:July 1, 2009 —June 30, 2010 CONTRACT NOTICE OF AWARD - RENEWAL 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 (1st) one-year extension to the Contract effective from July 1, 2009 through June 30, 2010. 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 in the next year. Sincerely, Greer Gaston Management Analyst 503-718-2595 greer@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: Signed: Date: Printed: 13125 SW Hall Blvd. • re Tigard, Oregon 97223 • 503.639.4171 g g TTY Relay: 503.684.2772 0 www.tigard-or.gov I . i i I � I V CITY OF TIGARD CONTRACT SUMMARY FORM HIS MUSTACCOMPANYEACHCONTRACTBEFOREAUTHORIZATTONSIGNATURE CANBEACQUIRED Title of Contract Right of Way Mowing Conr<act Coiitractor.Chorak Mowing Total:$187,110 j Brief Overview: Right of way mowing services i I I ' Changes Made To None ' Boilerplate Contract: ; I�r�,1.1;�ril�rrNld.'J�.InatrN f j T e of Contract ❑Purchase A eement Personal Service ❑Construction ®Other i Start Date: Upon execution End Date:6/30/09 LCRB Award Date:6/10/08 ' Contract Manager Vance Walker Extension:2606 Department Public Works Quptes/Bids/Proposals: COMPANY AMOUNT/SCORE Chorak Mowing $187,110 i Del artment Comments: De artment Signature Date: Purthasing Comments: I ; ' Purchasing Si a Date: I . A 'stration: Date: p Certificate of Insurance Re 'ved? 0 Yes No ❑Self-Insured Eony Received Business Tax Current? Yes No Contractor License Current? Lj Yes Lj No 1 Federal TIN/1099#:93-0577978 Bonds Required: 0 Yes 0 No Accounting String. Fund Division Account Total 100 2140 601000 $187,110 i I , i j I � • August 19,2009 City of Tigard Chorak Mowing Attn: Michael Chorak By Email:choralnnowing@comcastnet REF.: City of Tigard Right of Way Mowing ± Period:July 1,2009_June 30,2010 CONTRACT NOTICE OF AWARD-RENEWAL Dear Mr. Choralc 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 I � exercise its first (1st) one-year extension to the Contract effective from July 1, 2009 through June 30,2010. 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. j The City looks forward to doing business with Chorak Mowing in the next year. i i Sincerely, ' reer Gasto Management Analyst 503-718-2595 greer@tigard-or.gov I i I/We hereby acknowledge tante of this Contract renewal, and agree to be bound by all I � � Y ga acceP requirements, terms,and conditions as set forth in the above referenced Contract. Company: �� t.� l'1�U-i i /i Signed: Date: Y-/ 7 -62 --1 Printed: 13125 SW Hall Blvd. o Tigard, Oregon 97223 o 503.639.4171 TTY Relay: 503.684.2772 G www.tigard-or.gov I Anita;Clank 'From: Mark;VanDomelen - = ' Sent: •Tuesday;-October 20,•_2009 4:18 PM _ To: = Anita.CIark _ ".Contract'renewal:-Right of way mowing Attachments: S3' C_l09101516400.pdf, Contract Summary Form pdf #6 j I I ti 1 , 1 1 • 1 •