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Portland Habilitation Center Northwest, Inc ~ C130075 cis, March 3,2016 City of Tigard Portland Habilitation Center Northwest Attn: Kari Godinez 5312 Northeast 14811,Avenue Portland,OR 97230 REF.: City of Tigard Agreement for Grounds Maintenance at Water and Water Quality Facilities Period:March 1,2016 thru February 28,2017 CONTRACT NOTICE OF AWARD—RENEWAL Contract#0130075 Dear Ms. Godinez: 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 third(3rd) one-year extension to the Contract effective from March 1, 2016 thru February 28, 2017. This renewal period shall be governed by the specifications,pricing,and the terms and conditions set forth per the above referenced Contract. PHC Northwest 2015 2016 510.6700.54001 -Stormwater Facilities $70,718.04 $70,718.04 Continue 530.6500.54001 -Nater Facilities $19,045.68 $19,045.68 Continue TOTAL $89,763.72 $89,763.72 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. r The City looks forward to doing business with Portland Habilitation Center Northwest (PHC) in the next year on our Stormwater and Water Facilities. Sincere Jamie Greenberg Purchasing Assist t 503-718-2492 jamie@tigard-or.gov x i I/We hereby acknowledge acceptance of this Contract renewal, and agree jt,be bound by all requirements, terms,and conditions as set forth in the above referenced Con ' x Company:Portland Habilitiation Center Signed: ' � r� March 3, 2016 ° Date: Printe4l T1 owodworski, CFO j 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov City of Tigard February 19,2015 Portland Habilitation Center Northwest Attn; Tracy Hill 5312 Northeast 148th Avenue Portland, OR 97230 RER: City of Tigard Agreement for Grounds Maintenance at Water and Water QualityFacilities Period:March 1,2015 thio February 28,2016 CONTRACT NOTICE OF AWARD--RENEWAL Contract#C130075 Dear Ms.Hill: 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 March 1, 2015 thru February 28, 2016, This renewal period shall be governed by the specifications,pricing,and the terms and conditions set forth per the above referenced Contract. PHC Northwest 2014 2015 630,64.54001 -asilities Grounds $3¢_183.00 $50,4S484. City will be doing service in- house 510,6700.54001 -Stormwater Facilities $67,518.00 $70,718,04 Continue 530,6500.54001 -Water Facilities $18,305.04 $19,045.68 Continue TOTAL $120,006.04 $89,763.72 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 Portland Habilitation Center Northwest (PHC) in the next year on our Stormwater and Water Facilities. Si ce�ely, Michelle g: Business Manager 503-718-2445 MichelleW@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:. Portland Habilitation CtrSigned:. Date; 2/19/15 Printed:_ Debra A- Hoij s;i-nnn 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 9 www.tigard-or.gov March 9,2014 City of Tigard Portland Habilitation Center Northwest Attn: Therese M.McLain 5312 Northeast 148th Avenue Portland,OR 97230 REF.: City of Tigard Agreement for Grounds Maintenance at Water,Water Quality,and City Facilities Period: March 1,2014 thru February 28,2015 CONTRACT NOTICE OF AWARD - RENEWAL Dear Mrs.McLain: 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 March 1, 2014 thru February 28, 2015. This renewal period shall be governed by the specifications,pricing, and the terms and conditions set forth per the above referenced Contract. 650.6400.54001 Facilities Grounds $34,183.00 510.6700.54001 Stormwater Facilities $67,518.00 530.6500.54001 Water Facilities $18,305.04 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 Portland Habilitation Center Northwest (PHC) in the next year. Sincerely, (h" 0-"k�4— Michelle Wright Business Manager 503-718-2445 MichelleW@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: Portland HabilitationSigne Center, Inc. Date: 4/4114 Prin John Murch , Pres ident/CEO 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov CITY OF TIGARD 2014-2015 EXHIBIT A SCOPE OF SERVICES OPEN SPACES SITES The major required tasks in the performance of the work shall include: 1. GENERAL CONDITIONS A. All tools, equipment, and materials necessary to perform the specified work for the City shall be provided by the Contractor. City shall be responsible for all costs associated to water. B. Contractor shall provide trained, qualified staff and shall be responsible for the appearance and conduct of all employees while performing work at any City facility. C. Contractor shall make monthly inspection of sites. If any issues are found Contractor shall discuss the issues with City's Grounds and Open Space Coordinator. D. Upon contract execution, Contractor shall provide City with an emergency contact phone number. This number shall provide the City with access to Contractor 24- hours a day, seven days a week in the case of emergency situations. Contractor's maximum response time to any non- emergency communications shall be 24 hours. Response time for an emergency communication shall be one (1) hour. E. Contractor shall remove all landscape debris and litter from the site and ensure that such debris is disposed of in an appropriate and legal manner unless prior arrangements are made. F. All pesticide applications shall be made by a licensed applicator or supervised trainee. All applications will be recorded and reported to the state as required. Applications of pesticides, fertilizers, or other amendment will be reported to the Grounds and Open Space Coordinator via email. 2. TURF MANAGEMENT A. Fine Lawn Mowing 1) For all turf areas, Contractor will inspect the grounds and pick up litter and debris prior to each mowing and ensure proper disposal. 2) All turf will be mowed in accordance with the schedule set forth in the Landscape Calendar. This schedule includes 31 scheduled mows, plus one "floating" mow, for a total of 32 mows annually. The date of the "floating" mow will be agreed City of Tigard Landscape Services 2014-2015, Exhibit A:Scope of Services Page 1 of 6 upon by the parties based upon site conditions. If the City requests additional mowing that exceeds the number of visits specified in the Landscape Calendar, each additional mowing will be invoiced as Time and Materials, at Contractor's Additional Hourly Labor Rates. 3) Mowing height for all irrigated lawn areas will be no less than 11/2" and no more than 2" for a finished cut height. Turf will be cut at a uniform height with reel and/ or rotary mowers in open areas and rotary mowers in closed areas. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/ or collected to prevent damage and unsightly appearance of lawns. 4) At no time will employees operating mowers, or other equipment damage landscape trees or shrubs. B. Edging All sidewalks, curb lines, concrete slabs, tree circles, and bed edges shall be mechanically edged as needed to maintain a neat, clean appearance in accordance with the schedule set forth in the Landscape Calendar. C. String Trimming Trimming shall be performed around all road signs, guard posts, trees, shrubs, utility poles, valve boxes, and other obstacles. The grass will be trimmed to no less than the desired height of cut determined by the mowing operation. Trimming will be completed with each mowing. D. Sweep/Blow Walks At the conclusion of each visit, walks adjacent to work areas shall be swept or blown off to provide a clean, safe walkway. Contractor will remove leaves and debris from curblines to a distance of six feet (6') from the curb. 3. PLANT BED MAINTENANCE A. Landscaped areas shall be policed for weeds, litter, and debris in accordance with the schedule set forth in the Landscape Calendar. Particular attention will be paid to entryways, focal points, and high traffic areas. B. Planter beds shall be groomed an average of two times per year and more frequently in high traffic areas to remove debris and promote an attractive, fresh appearance. City of Tigard Landscape Services 2014-2015, Exhibit A:Scope of Services Page 2 of 6 C. Pruning shall be done to enhance natural growth. Trimming of trees under 15 feet total height shall be included. The Contractor shall remove dead, damaged, and diseased portions of the plant. All cuts shall be flush and clean, leaving no stubs or tearing of bark. Major pruning shall be done following flowering or during planes dormant season. Emergency or minor pruning shall be performed when needed. 1) Pruning shall be performed by Contractor staff that have been trained and demonstrate competency in proper pruning techniques. 2) Shearing of plants shall occur only where previous practice has been to shear, or as directed by the City's Grounds and Open Space Coordinator. 3) Contractor shall provide remedial attention and repair to shrubs and trees as appropriate to season or in response to incidental damage. 4) Contractor shall prune shrubbery in order to maintain proper size in relationship to adjacent plantings and intended function. Examples of specific practices include: pruning photinia and pyracantha twice per year, pruning spring-blooming shrubs in June, pruning deciduous shrubs in the winter, etc. 5) Contractor shall prune trees (of less than 15 feet total height) as required to remove weak branching patterns and corrective pruning for proper development. Contractor shall further safely remove lower limbs when obstructing vehicular or pedestrian clearances. Remove lower branches of conifer trees when in cont1 ict with growth of plantings beneath. 6) Contractor shall prune groundcover as required to contain perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Established groundcover shall be trimmed 4 to 6 inches off hard surfaces with a beveled or rolled edge. Mature groundcover shall be maintained at a consistent, level height to provide a smooth and even appearance. D. Removal of leaves from lawns, planter beds, and walkways shall be completed throughout the year to maintain a clean appearance throughout the project. Leaf removal shall be conducted in accordance with the schedule set forth in the Landscape Calendar. Contractor will remove seventy-five percent (75%) of leaves at every visit. Particular attention will be paid to entryways, focal points, and high traffic areas. E. Contractor shall monitor trees that are staked or guyed and loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root development for support. City of Tigard Landscape Services 2014-2015, Exhibit A:Scope of Services Page 3 of 6 4. ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM A. All applications of herbicides or pesticides shall be performed by an Oregon or Washington State licensed commercial applicator. All safety precautions will be taken in the handling and application of chemicals as stated on manufacturer's labels and in the Oregon Weed and Pest Control handbooks. B. Contractor shall provide surveillance of all turf and shrub bed areas for weeds, and will take timely measures to safely treat the same with appropriate chemical. C. Post-emergent herbicide spraying of all mowed lawn areas shall be conducted by Contractor in the spring and fall with applicable materials. Applications with follow-up applications, as required, shall maintain a kill rate of approximately 75% of broadleaf weeds. D. All planter beds, tree circles, and sidewalk cracks adjacent to landscaped areas shall be sprayed by Contractor up to twice per month from March through October to control unwanted grasses and broad leaf weeds. Chemical practices will not be a substitute for hand weeding where the latter is required for complete removal. All planter beds may receive two applications of preemergent herbicide per year. Specified products are to be rotated in an effort to prevent soil contaminating levels. E. Contractor shall conduct inspections for insect and disease infestations five (5) times per year, in accordance with the schedule set forth in the Landscape Calendar. Appropriate and timely control measures shall be recommended. F. Prior to their use, Contractor shall provide the City with, in accordance with OSHA regulations, Material Safety Data Sheets (MSDS) for all chemicals that may be used at City locations. G. Contractor shall be in compliance with requirements for hazardous communications programs at all times. Contractor must handle all hazardous chemical in accordance with all EPA, OSHA, DEQ, and ODOT regulations. Contractor shall further be responsible for providing and posting any and all appropriate sign age related to the various chemicals that may be used in response to the work under the contract. 5. FERTILIZATION A. Turf 1) Fertilizers shall be applied by Contractor in order to maintain proper nutrient levels and provide a consistent, healthy appearance throughout the year. Water conservation measures may require a "brown appearance", and less fertilizer applications during the summer. Turf will be fertilized with a well-balanced, slow- release fertilizer two (2) times per year. Two (2) pounds of nitrogen per 1,000 square feet will be applied per year to maintain a consistent, lush, green City of Tigard Landscape Services 2014-2015, Exhibit A:Scope of Services Page 4 of 6 appearance. Contractor will be responsible for cleaning walkways and entryways after application. Care shall be taken to keep fertilizer and other chemicals out of the parking lot catch basins and from areas that may runoff into streams. If the Grounds and Open Space Coordinator requests additional applications of fertilizer, Contractor will provide a quotation for each additional application on a Time and Materials basis. 2) If the Grounds and Open Space Coordinator requests soil pH testing and correction recommendations, and/or remediation of soil pH balance, Contractor will provide a quotation for each service on a Time and Materials basis. 3) If the Grounds and Open Space Coordinator requests correction of deficiencies of sulfur, magnesium, and other micronutrients, Contractor will provide a quotation for each service on a Time and Materials basis. B. Plant Beds Fertilizing of all "acid-loving plants" (i.e. azaleas and rhododendrons) shall be completed one (1) time per year with an appropriate fertilizer. If the Grounds and Open Space Coordinator requests fertilization of other plants, Contractor will provide a quotation for each service on a Time and Materials basis. 6. EXCLUSIONS The following work will not be required of the Contractor unless contracted for on a separate basis. If the Grounds and Open Space Coordinator requests the services below, or any other service not included in Sections 1 through 5 above, Contractor will provide a quotation for each service on a Time and Materials basis. A. Trimming of trees over 15' total height. B. Cleaning and/or repairing from acts of vandalism, natural disorders, or acts of God (example: freeze, wind, fire, etc.). C. Treatment for diseases or pests on lawns, trees and shrubs, except as specified. D. Moss control due to insufficient mulch layer. E. Bark dust will be applied at a cost per unit when ordered. This includes bark and labor. F. Parking lot maintenance (sweeping, leaf pickup, litter pickup, and moss control). Contractor will remove leaves and debris from curblines to a distance of six feet (6') from the curb. G. Aeration of lawn areas. City of Tigard Landscape Services 2014-2015, Exhibit A:Scope of Services Page 5 of 6 H. Rodent control. I. Seasonal color. 7. EXTRA WORK BILLING Any and all extra work will require pre-approval from the City of Tigard Grounds and Open Space Coordinator. All extra work will be billed at the Contractor's standard hourly rate. 8. SCHEDULE If Contractor is unable to meet the landscape calendar schedule they will need to complete the work missed within 15 days, if work is not completed the City will not pay. City of Tigard Landscape Services 2014-2015, Exhibit A:Scope of Services Page 6 of 6 Contract Summary Form (Form Must Accompany Each Contract For Authorization) Contract Title: Grounds Maintenance Water,Water Quality,and Facilities Number: C130075 Contractor: Portland Habilitation Center 2Hq Contract Total: $ 120,006.$4 Start Date: 4/24/2013 End Date: 2/28/2014 Contract Overview: Contractor will provide ground maintenance services throughout city properties Contract Manager: Greg Stout Department: Public Forks Quotes/Bids/Proposal: Vendor/Firm Score/Bid PHC QRF Account String: GL String Project String Amount 650.6400.54001 Facilities Grounds $34,183.50 510.6700.54001 Stormwater Facilities $67,515,00 530.6500.54001 Nater Facilities $18,305.04 Approvals and Comments Department Comments Signature: Purchasing Comments 5' City Ma r Comments Signature: Contract CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO GROUNDS MAINTENANCE WATER,WATER QUALITY,AND CITY FACILITIES SITES THIS AGREEMENT made and entered into this 24" of April, 2013 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Portland Habilitation Center Northwest,Inc.,hereinafter called "Contractor",collectively known as the "Parties." RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services;and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS, Cite 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 landscape maintenance as detailed in Exhibit l — 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 \greement shall become effective upon the date of execution and shall expire,unless otherwise terminated or extended, on February= 28, 2014. All services shall be completed prior to the expiration of this _'agreement. The City and Contractor may agree to up to four (4) mutual one (1) year options.The total term of the contract cannot exceed five (5) years. 3. COMPENSATION City agrees to pay Contractor annual amount at One Hundred `I%venty- Thousand Six Dollars and 84/100 Dollars ($120,006.84) for performance of those services described herein. Payments shall be based upon the following applicable terrns: Facility Type Monthly Annually Stormwater Quality Facilities $5,626.50 $67,515,00 Water Facilities $1,525.42 $18,305.04 City Facilities $2,84€x.65 $34,183.80 TOTAL $10,000.57 $120,006.84 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. Standard Purchase.'agreement—General Services Page 1 Contract# B. Payment by City shall release City frorn 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 QRS 316.167. F. if Contractor fails, neglects or refuses to make prompt payment of any claire 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 claire 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 overtirne 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 tJSC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due, make payment to any person, cc)-partners hip, 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 gages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. L The City certifies that sufficient funds are available and authorized for expenditure to finance costs of tl-iis contract during the current fiscal year. ,appropriations for future fiscal years shall be subject to budget approval by the City Council. 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 X111 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; Standard Purchase Agreement—General Services Page 2 Contract# STORMWATIER QUALiTY FACILITIES: CITE"OF TiG-A.RD PORTLAND I-IABILITATION Cr.NT-CR NOR-]I INN LST,,INC. Attn: Rob Block Attn: Rick Raiter Address: 13125 SW Hall Blvd, Address: 5312 Northeast 14e Avenue Tigard,Oregon 97223 Portland, OR 97230 Phone: (503) 718-2607 Phone: (503) 841-4028 Fax- (503) 684-8840 Fax: (503)408-3032 Email Address: Rob Calugard-or.o.,o Email Address- Mrr w.corn L�� WATER FACILITIES: CITY OF TIGARD PORTLAND HABILITATION CENTER NORTHwEs'r,INC. Attn: Aaron Beattie Attn: Rick Raiter Address: 13125 SW Hall Blvd. Address: 5312 Northeast 148"'Avenue Tigard, Oregon 97223 Portland, OR 97230 Phone: (503) 718-2690 Phone. (503) 841-4028 Fax: (503) 684-8840 Fax: (503)408-3032 Email Address: ahea�rtie: 1i€'Ard-UQYOV Email Address: v lrdtoauLini�-Com CITY FACILITIES: CITY DF TIGARD PORTLAND HABILITATION CENTrR Nowrrm-EST,INC— Attn: Greg Stout Attn: Rick Raiter Address: 13125 SW (fail Blvd. Address: 5312 Northeast 148"'Avenue Tigard, Oregon 97223 Portland, OR 97230 Phone: (503) 718-2591 — Phone: (503) 841-4028 Fax: (503) 684-8840 Fax: (503)408-3032 Email Address: GregcL(rrigard-ur,. av Email Address: rr com 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 28"day of Februaij,, 2014 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 Lern'llination. S. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to d-11's 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 Standard Purchase Agrcernent—General Services Page 3 Contract# of the parties so disenabled, including but not restricted to, natural disaster,war, civil unrest, volcano, earthquake, fire, flood, epiderlic, quarantine restriction, area-.ride 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 coverage's: 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 lnjur}- and Property Damage on an "occurrence" forth (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 4,000,000 Products-Completed Operations Aggregate 1,000;000 Personal & Advertising Injury 1,000,000 Each Occurrence 2,000,000 Fire Damage (any one fire) 50,000 Medical E\pense (any one person) 5,000 S. Busincss 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 Standard Purcliase Agreement—General Services Page 4 Contract# liability coverage for all owned,hired,and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $2,000,0M Said insurance shall name City as an additional insured. 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 prodding 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 tau- 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 Cit}- reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. E. Certificates of Insurance ` s 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. 13. ATTORNEY'S FEES In case stat or action is instituted to enforce the provisions of this contract, the parties agree that the losing parry shall pay such sutra 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. 14. 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 emplovees and subcontractors and income tat withholding contained in ORS Chapter 2798, the provisions of which are herebi� trade a part of this agreement. 15. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 16. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by anv court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected Standard Purchase Agreement—General Sen7ices Page 5 Contract# to the extent that it did not materially affect the intent of the parties -hen they entered into the agreement. 17. 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. 18. 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,Exl-iibit?t 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, bV 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 at theirApril 23,2013 business meeting. CITY OF TIGARD PORTLAND HABILITATION CENTER NW,INC t- 01 By:Authorized City Representative B Au ortzed ontractor Representative ,rL � ohn M rphy President/CED "�• 3�• �l� _ A ril 25 2013 Date Date Standard Purchase Agreement—General Services Page 6 Contract# EXHIBIT A SCOPE OF SERVICES The major required tasks in the performance of the work shall include: 1, GENERAL CONDITIONS A. All tools, equipment,and materials necessary to perform the specified work for the Cite shall be provided by the Contractor. City shall be responsible for all costs associated to water. B. Contractor shall provide trained, qualified staff and shall be responsible for the appearance and conduct of all employees while performing work at any City facility. C. Contractor shall make monthly inspection of sites. If any issues are found Contractor shall discuss the issues with City's Grounds and Open Space Coordinator. Contractor shall provide comprehensive w itten inspection reports to the City at a minimum of four times throughout the year. D. Upon contract execution, Contractor shall provide City with an emergency contact phone number. This number shall provide the City with access to Contractor 24-hours a day, seven days a week in the case of emergency situations. Contractor's maximum response time to any non- emergency communications shall be 24 hours. Response time for an emergency communication shall be one (1) hour. E. Contractor shall remove all landscape debris and litter from the site and ensure that such debris is disposed of in an appropriate and legal manner unless prior arrangements are made. F. All pesticide applications shall be made by a licensed applicator or supervised trainee. All applications will be recorded and reported to the state as required. ,applications of pesticides, fertilizers, or other amendment will be reported to the Grounds and Open Space Coordinator. 2. TURF MANAGEMENT A. Fine Lawn Mowing 1) For all turf areas, Contractor will inspect the grounds and pick up litter and debris prior to each mowing and ensure proper disposal. 2) All turf is to be mowed ever}- seven days March through October. Mowing November through Febntan will be completed on an as-needed basis with weather permitting, for an average of 3_7 mo,,kging per year. No extra charge will be made for mowing's required due to unseasonabl" early spring or late fall turf growth. 3) Mowing height for all irrigated lawn areas will be no less than 11/'2" and no more than 2° for a finished cut height. Turf will be cut at a uniform height with reel and/or rotary mowers in open areas and rotary mowers in closed areas. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern will be varied where possible to reduce tatting and compaction of grade. Any excess clippings will be dispersed and,/or collected to prevent damage and unsightly appearance of lawns. 4) At no time will employees operating mowers, or other equipment damage landscape trees or shrubs. B. Edging All sidewalks, curb lines, concrete slabs, tree circles, and bed edges shall be mechanically edged as needed to maintain a neat, clean appearance approximately every second week during the mowing season. C. String Trimming Trimming shall be performed around all road signs,guard posts, trees, shrubs,utility poles,valve boxes, and other obstacles. The grass will be trimmed to no less than the desired height of cut determined by the mowing operation. Trimming will be completed with each mowing. Standard Purchase Agreement—General Services page' Contract# D. Sweep/mow`Talks 3,t the conclusion of each visit, walks adjacent to work areas shall be swept or blown oft to provide a clean, safe walkway. 3. PLANT BED MAINTENANCE A. Landscaped areas shall be policed weekly throughout the growing season and twice monthly during the dormant season for weeds, litter, and debris. Particular attention Will be paid to entryways, focal points,and high traffic areas. B. Planter beds shall be groomed an average of four times per year and snore frequently in high traffic areas to remove debris and promote an attractive, fresh appearance. C. Pruning shall be done to enhance natural growth. Trimming of trees under 15 feet total height shall be included. The Contractor shall remove dead, darnaged, and diseased portions of the plant. All cuts shall be flush and clean, leaving no stubs or tearing of bark. Major pruning shall be done following flowering or during planes dormant season. F rnergency or minor pruning shall be performed when needed. 1) Pruning shall be performed by Contractor staff that have been trained and demonstrate competency in proper pruning techniques. 2) Shearing of plants shall occur only where previous practice has been to shear, or as directed by the City's Grounds and Open Space Coordinator. 3) Contractor shall provide remedial attention and repair to shrubs and trees as appropriate to season or in response to incidental damage. 4) Contractor shall prune shrubbery in order to maintain proper size in relationship to adjacent plantings and intended function. Examples of specific practices include: pruning photinia and pyracantha twice per year, pruning spring-blooming shrubs in June, pruning deciduous shrubs in the winter, etc. 5) Contractor shall prune trees (of less than 15 feet total height) as required to remove weak branching patterns and corrective pruning for proper development. Contractor shall further safely remove lower limbs when obstructing vehicular or pedestrian clearances. Remove lower branches of conifer trees when in conflict with growth of plantings beneath. G) Contractor shall prune groundcover as required to contain perimeter growth to v`ithin bed areas where adjacent to walks, curbs, and structures. Established groundcover shall be trimmed 4 to G inches off hard surfaces with a beveled or rolled edge. Mature groundcover shall be maintained at a consistent,level height to provide a smooth and even appearance. D. Removal of leaves from lawns, planter beds, and walkways shall be completed throughout the year as needed to maintain a clean appearance throughout the project, At landscaped areas, major leaf removal shall be conducted no less than monthly. On lawns, leaf removal shall be conducted weekly or at sufficient intervals as to avoid an unsightly appearance from November to December. E. Contractor shall monitor trees that are staked or guyed and loosen and!or remove supports when appropriate to prevent girdling of the trunk and encourage root development for support. 4. ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM A. Moles, Field trice, gophers, and other rodent activity shall be monitored by Contractor. Notification of problems and recommendations for timely, appropriate control measures are to be made to the Grounds and Open Space Coordinator, B. All applications of herbicides or pesticides shall be perfornxed by an Oregon or V'ashington State licensed commercial applicator. All safety precautions will be taken in the handling and application of chemicals as stated on manufacturer's labels and in the Ore on Veed and Pest Control handbooks. C. Contractor shall provide surveillance of all turf and shrub bed areas for weeds, and will take Standard Purchase Agreement—General Services Page 8 Contract# timely measures to safely treat the same with appropriate chemical. D. Post-emergent herbicide spraying of all mowed lawn areas shall be conducted by Contractor in the spring and fall with applicable materials. Applications with follow-up applications, as required, shall attain a bill of 9811'a of broadleaf weeds. E. All planter beds, tree circles, and sidewalk cracks adjacent to landscaped areas shall be sprayed by Contractor up to twice per month from March through October to control unwanted grasses and broad leaf weeds. Chemical practices will not be a substitute for hand weeding where the latter is required for complete removal. All planter beds may receive two applications of pre - emergent herbicide per year. Specified products are to be rotated in an effort to prevent soil contaminating levels. F. Contractor shall conduct inspections for insect and disease infestations on a monthly basis. Appropriate and timely control measures shall be recommended. G. Prior to their use, Contractor shall provide the City with,in accordance with OSHA regulations, Material Safety Data Sheets (MSDS) for all clienuicals that may be used at City locations. H. Contractor shall be in compliance with requirements for hazardous communications programs at all tames. Contractor must handle all hazardous chemical in accordance with all EPA, OSHA, DEQ and ODOT regulations. Contractor shall further be responsible for providing and posting any and all appropriate signage related to the various chemicals that may be used in response to the work under the contract. 5. IRRIGATION Any damage caused by Contractor will be repaired by Contractor at no charge. Simple head and lateral line repairs may be made without prior notice in order to ensure rapid repair. Major repairs to mainlines,valves, and time clocks will require pre-approval from the Parks Supervisor. G. FERTILIZATION A. Turf 1) Fertilizers shall be applied by Contractor in order to maintain proper nutrient levels and provide a consistent, healthy appearance throughout the year. \'Fater conservation measures may require a "brown appearance", and less fertilizer applications during the summer. 'turf will be fertilized with a well-balanced, slow-release fertilizer two or three times per year. Four pounds of nitrogen per 1,000 square feet will be applied per year to maintain a consistent, lush, green appearance. Fertility level will be consistent. An additional two applications of fertilizer will be bid on a per application basis and applied as directed by the Grounds and Open Space Coordinator if needed. Contractor ;will be responsible for cleaning walkways and entryways after application. Care shall be taken to beep fertilizer and other chemicals out of the parking lot catch basins and from areas that may runoff into streams. 2) Soil pH shall be monitored periodically and corrective measures will be proposed to the Grounds and Open Space Coordinator if needed. 3) Deficiencies of sulfur, magnesium, and other micronutrients shall be corrected as needed. Timing of these applications may wary according to need and should be done as part of the fertilization process. B. Planet Beds Fertilizing of all trees (3" caliper and less) and shrubs shall be completed a minimum of twice per year. All fertilization is to be uniformly applied at the drip line of the plant. Groundcover will be fertilized three times per year with materials broadcast. All fertilizers will be slow-release and balanced. 7, EXCLUSIONS Standard Purchase Agreernenc—General Services Page 9 Contract# The following work will not be required of the Contractor unless contracted for on a separate basis. Bids may be solicited separately for this work. A. Trimming of trees over 15' total height. B. Cleaning and/or repairing from acts of vandalism, natural disorders, or acts of God (example: freeze,wind, fire,etc.). C. Treatment for diseases or pests on lawns, trees and shrubs, except as specified. D. Moss control due to insufficient mulch layer. E. Bark dust will be applied at a cost per unit when ordered.This includes bark and labor. F. Parking lot maintenance (sweeping,leaf pickup,litter pickup,and moss control). G. Aeration of lawn areas unless specified. H. Rodent control. I, Seasonal color. 8. EXTRA WORK BILLING Any and all extra work will require pre-approval from the City* of Tigard Grounds and Open Space Coordinator. Ali extra work will be billed at the Contractor's standard hourly rate. CHANGES FROM PREVIOUS CONTRACT: 1. Stormwater facilities labor hours need to be reported for each Stortnwater Facility 5 days after the end of the month. 2. If PHC is unable to meet the landscape calendar schedule they will need to complete the work missed within 15 days,if work is not completed the City will not pay. Standard Purchase.Agreement--General Services Page 10 Contract EXHIBIT B CONTRACTOR'S COSTING WORKBOOKS i HC Northwest Beyond I imitntions'' January 17,2013 Michelle Wright City of Tigard 13125 SW Hail Blvd Tigard,OR 97223 R6: Landscape Proposal for City of Tigard's Various Sites Period of Performance; March 1,2013 through February 28,2014 Dear Michelle, As you may know,the above-referenced contract is due For renewal. We are very interested in renewing this contract,and present the following proposals. included in our proposal package are the Open Spaces calendars for your retards.Rick is currently working with Brian Wheatley&Aaron Beattie on Storm Management&Water Reservolr Site calendars.our increase Includes the eight (8)additional Water Cluality facilities for Storm Management,as well as an increase to wages and benefits,in accordance with the Landscape Collective Bargaining Agreement(summary attached),our proposed increase is 3.61%.Our price proposal is: Site Current Pricing Proposed pricing Month Year Month Year Open Spaces $2,767,52 $33,210.24 $2,848,55 $34,183,80 Storm Management $5,386.86 $64,642.32 55,626.50 $67,518.00 Water Reservoir Sites $1,497.49 $17,969.88 $1,525,42 $18,305.04 ry Total $9.651.87 1 $115,822.44 $10,00(1.57 $120,006.84 Eff 7/2012,our additional landscape services hourly rates will be: $31.00/hour(on an as-ordered basis) $36.00/hour(O-T,weekends and holidays) our costing is based on observing the following union holldayv New Years Day,Martin Luther King,Jr.'s Birthday, President's Pay,Memorial Day,independence Day,Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day. If one of these holidays falls on a Saturday,it will be observed an Friday,and if it falls on Sunday,it wid be observed on Monday. PHC will provide services,as defined by this contract,on other than the above listed days. if acceptable,please sign and return the Department of Administrative Services(DAS)Request for Price Approval form,and send it back to us either electronically or by fax to 503-S42-3948. We will than send it to DA5 along with the required Costing Workbook,for their final approval and signature. As always,we greatly appreciate your continued business and support of our mission to provide training and employment opportunities to people with disabilities. Sincerely, The es,Ri.Gra son Contracts&Commu s oirector TNIG:keg PORTLAND: t12Nc+r beast 118th wnude•Prxlixd 0mgan9'MO•Te1(.50)261-1266-Fax(503)2568565 Standard Purchase.�greemenr—genera)Sers-ices Page 11 Contract# �0 `t DEPARTMENT OF ADMINISTRATIVE SERVICES Request for Price Approval For Landscape Servieas_ ,Contract# .W (product Ur Service) Tow price: s 120,046.84 T �,per Year(NI/2013.2128f2014} (month, year,each,doz.) 1teuesEing Agency:SjV -of Ti¢ard,Pub[ie Var s-f3 e� aces h/:ana c �caxt- Water Reservoir Sites Requesting{�1tF: Parttap�d 11abi3i�11 a --. Agency and QRF agree the proposed price and supporting documentation meets the requirements of OAR 125-055-0030. datc� _ _ i , reed Agency Si rature phone Z-A t msi1 P.�irlress� [ �- date:lanugy 17,2013 Ali C'-' _iC# C}1Tj` �1 aVSCl11 5Y COtll _1 Pboae 4-5U-2EL-125L&19�L— Email Address DASISPO has reviewed the submitted documentation supporting the ,price offered by the QRF and approves the price for precuremeut of the above stated product or service in accordance with OAR 125-055-0030. date' DA5 QRS Coordinator - ttnviwd il�sizoos State Procurement office Achieving Results Together Standard PLIMI aSe.-kgrecrnent--General Services Page 12 Contract# LANDSCAPE'UNION(L.I.U.N.A.,LOCAL 483) WAGE AND BENEFITS INFORMATION Projected,,' 7/1/2009 7/1/2010 71112011 711/2012 7/1/2013 Accins*(Oregoti) .3:27% .3_32% 3.10% 2.950/0 Unknown .54035-�-wagc .6412G�wagc .51035+wkpe .4076G-'wage -38780wage Accins*(Wash) (C ff 1/2 0 0) (eff U2010) (eff 1,,2011) teff 112012) (eff I r'2013) Unernploy.Tax 2.4%(eff, 1,'09) 3.11,11o(rff mo) 3,311/o(eff. 1 2011) 3_30/o(eff 112012) 3.3%(eff I"013) 'Wage Rates,(hired prior[,)7/1/08)=Previous Rate-t-5Mof the average Jan.through Dec-CPI,capped al 1,5%. 20llCP1-29-,h_ *Wage Rates(hired after 7/1108)W Pres ous Rate+the average Jan.through Dvc.CPI,capped at 10%. 2011CFI-2.9111a. Projected* WAGE H&W WAGE If&W *WAGE H&W *WAGE H&W "WAGE H&W Landscape"tech I 510.09 $2.79 510.10 $2.93 $10.17 $3.10 $10,32 $3.38 $10 53 8319 Landscape Tech 11 S11.72 $2.83 51123 $198 S11.30 $3,15 $11,46 $3,42 $11.69 53,43 L.indscap,e Tech M $11.33 $2.84 $11.34 52.98 SH.49 S11 PI S344 S12.06 $3.45 (Ncw,tlf MAU) Landscape Crew foreman trerzr io $14.11 12-95 $14-12 %3.10 S14.21 53,37 514.47 53_55 $1431 53.56 C3,A) irrigation Apprcn- $12,88 1.0,9 0 $1189 113,05 $13,06 53.22 S13 1-1 $3.51 $13-71 53.5.2 ticc(Naw efr7lim) irrigation Specialist 517,51 $3,09 517.53 $3.24 S17,64 sl.l 1 117.90 $3.69 5I8-26 53.71 S I pray Techni�iall 51 5.47 $2,02 $15.99 $3.19 $16.09 53_35 Slb-32 S3.63 s1b-65 S164 VchiclelEquip rent $12.88 S7.90 $12.S9 $3.05 $12-97 S322 Mech.Apprentice S13-16 53,49 $13.42 53.51 � Vehicle/F,quiprnerit $17.00 53.06 $17.02 S3.22 $17-13 $3.39 117.38 53.67 517.73 $3k8 Mechanic Svp(�rvisur $18.45 $3.57 Sl 8.47 $3.74 $18.60 53.92 S 111.93 S4 21 819.31 $4.23 KRisk projection at 2%increase on wages. FOR COMPARISON,NON-UNION WORKERS(wages vary per Wage Determination) 11DERAL WD,REALTH&WELFARE RATE 61112407 6142008 6/1/2009 6/2212010 6117'2011 61 1 7i2012 $3,16 $3.24 $3.35 53.50 $3,59 $3,71 GROUNDS MAINTENANCE EXCEPTIONAL SERVICE HOURLY RATE 531.00(eff 7/2(712) IRRIGATION EXCEPTIONAL SERVICE HOURLY RATE $36.00(eff 7/2008) Standard Purchase Agreement-General Seivices Page 13 Contract # Qsa f 'earporation PORTLAND HABILITATION CENTER INC Premium estimate for Guaranteed Cost Plan with adjusted rates Period: 07/01/2012- 07/01/2013 Policy: 256996 Plana 1 Base Adjusted Class Description Payroll rate rate Premium 8742 Field Representatives $378,900 .29 .043045 $1,354 8810 Office Clerical $1,157,251 .17 AM1765 $2,066 8837 Charitdle/Welfare Orgn-Al Op-Dr $10,903,672 2. .0273010 $297,670 9415 Buildings-Ops By Owner/Lessee&Drivers $111.,928 3.68 .038640 $.4,325 7090 M Vessels-Boat Livery-State Act $❑ 9.{75 .095025 $Q Total Payroll $12,551,751 F—perience Rating Modification 1.050 flaiance to Minimum Premium Moritime •! ,$27C Standard Premium $305,491 Premium Discount —$42,61 Discounted Prermum $257,680 Terrorism Premium + $1,255 Catastrophe Premium + $1,255 DCBS Premium Assessment @ 6.2% + _$16.3;27 Total Premiums and Assessments $276,518 Premium discount schedule ! First $3,500 O Next Next $14,500 1.0.4°IP Next $BZ,000 15.0% Over $140,000 16.5% Maritime coverage at limit of$500,000,with$276 minimum premium. Terrorism premium-total payroll/100 x.01 catastrophe premium=total payroll/140 x.01 ❑CBS Premium Assessment exdvdes federal premium. Premium and rating factors will change on your anniversary rating date to those in effect at that time. Your policy premium Is based an your current estimated premium and may be prorated for policies Issued for less than a full year or adjusted based on actual payroll by dasslrication. 2117/112012,the rate is as Follows: ucl�s e Modified rerreari'm Catastrophe Premium Premium Prerrmm Premium Asscssmen€(6.2%) ((2.6 x 1,05) t ((2.6 x 1:05)*.01) + ((2.6 x 1.1)+.01})+ ((2.6 x 1.05)•.062) - 2.95% � Pa9c}'�Y4o�ose!_PaycS�+emEstAdyRa2e Geated on a5f67f20I. Standard Purchase Agrettricot—General Sen-ices Page 14 Contract# Portland Habilitation Center, Inc. Unemployment Tax Portland Habilitation Center, Inc.(PHC)pays for unemployment on a reimbursable status with the State of Oregon. Only non-profit organizations are allowed to pay for actual unemployment claims versus paying a tax rate. Our uncrriployment claims vary greatly from period to period, depending on turnover. While the actual quoted rates also vary. from I%to the highest rate of 5.4%,we are taking a more moderate,reasonable approach,by consistently using the tax rate given to new businesses in the State of Oregon to cost our contracts. The tax rate;given to new employers as of January 1,2013, is 3.3%, as posted on the vveb (vrww.orelzon.goN-/em to /tax) under State Tax Rates,checked and printed on 112/2013. This rate information is also av=ailable by calling the Oregon Employment Tax Division, at 1-5£13.947-1488. Tcmplkue Originals,+'lore&SenefimUnemployment'T`ax(hate Update 2013.doc Revised; 1!2!2013 Standard Purchase Agreement Q General Setvices Page 15 LANDSCAPE ANNUAL CALENDAR(2013-2014` PORTLAND HASIL17ATION CENTER,INC. Citv of Tigard-Op2n Sp CL _qces 5312 Northeast 148th Avenue 'd 13125 SW Hall Blvd pullarid,Oregon 9MD-3438 1!2ard.qR 97223 503.261.1266(Offim Contract Period of Performance: march l,2013-Feb ruaa-y2g,2014 --- rb Site Name and Address: City of Tigard Fanno Hn j-;e 1_3335 SW Hall Blvd,T! rd,OR 97223 ov FREQUENCY SCHEDULE Total Ma , I V_�'F hM _NTR_ l�u it n Jan'�e6j Mar', n JulAu Sept Oct�Nov,Dec*_lV14_T:_;S_T�t-lComments CONTRACTEI)SERVICES TURF lvfaruln T2- 1 1 4 2 3 "a'd edina 1 2 1 2 ti 1 1 2 2 13 1 1 2 2 13 E�c L 1 2 2 Broad lcaf Sprff 2 BLOW 4 4 4 4 1- __4 4 4 lrtdvde Driveway Watks(Fach 5 4 5 4 Soil test 1 Ilf flecesbary ORNAMENTAL BEDS 'vV'euq pat cl 2 4 4 4 r 4 4 5 7-11717, 242 PreE,riwqejit AF+Ji,.-3t ion Fenilize Shrubs anc Trees Prune Shrubs&Trees D as needed per 3Wes for proper growth and development Soil test I I if necessa!y to aetermine needs of plant malanal — Leaf Remova 4 4 4 �4 I -—__Tl_'5 1 4 4 1 cl r)OnL-in areas cl scheduled ware, Debris)Trash Reinoval 4 4 4 4 5 _4 4 59 t"Inspection 1 1 - I —1 12�= - SPECIAL SERVICES on Ste,proposal upw rent e51 ......... jBarkft iAP 41 p�n fi�q eLl _-S �I]VdliA I - Parking Lot Cleanup P t F ronosal upon mque-'I J- EXtPA SERVICES Turf Aeration I 1 Ptnpssai upon request sjjwt Se.0dingI Proposal upon request Deep clot tertlitzaWn mroposal uponf—equest P.0 Nepla-ements 7 Y Wroposal ucon i8quest M,cirss r-i 7arf 7 1 P1aP sal Ylpr n request ILime tura0 or,request -NOTES 37.2011�V;4CLU of Tiaird 0"-Spgoa LAC%2A)l 3.24D 14 1,S 2013 -d ro tANDSCAPE ANNUAL CALENDAR (2013-2014) PORTLAND HABILITATION CENTER INC. City of Tigard-Open Spaces a 5312 Northeast 148th Avenue 13125 SW Hall Blvd Portland,Oegon 97230-3438 Tigard OR 97223 501261.1266(Office 77 Contract Period of Performance: March 1,201 _rebruary 28,_2014 Site:Name Lind Address Siof Tjaavd Library 13500 SW Hall Blvd,Tigard,OR 97223 FREQUENCY SCHEDULE Total :j�anFeb M�arj��j Ma jun Jul I Aug CON IRACTED SERVICES TURF fk4RurtR _ _ 4 L4_j 5 4 4 --5T-41 3 2 2 K--ird ndoiq_ 2 3 2 2 Z 2 1 n Soft 91D.0 2 2 2 2 2 2. 1a 3 n BroadleafSpray I L 2 -- I _-. Blow Walks(Trach Vmin 2 2 4 4 4 5 4 4 5 _4 T22 4- I necessary 11�Telv - I — 9RNAMENTAL BEDS wee7. 4 4 1 4 d patrol -------- 4 4 A 7 2 Pre-Fnier - tApplication 1 1_ T 2 Ferfilze-ShrubserIdTrees I ! —1 1 1 PrLne bnrubs&frees 0 as nem ed per speoes for proper Uimvth and doveloprnunl prun-f"S*rawbr-my C--,,)u idcc,fer 1 3 2 2 3 2 2 3 2 1 21 Sod t'!1 l 1 -f To crwrnire needs of plavi materia, 4 4- 4 A Debr,i Tr.,f-RcmL,,vai 2 d 444 1 5 4 4 4 2 42 Ovoe in,areas of scheduled work SPECIAL FFRVIGES Annu.-J CoInrSpots. 0 No beds on tic,pr�Ipoa,upen rt—,,-st 1�arktiu-.[Acp co(ion 1 SaL�.Ipon requ e�.! t 1 P-jrkino1 010�,an 1IUR 0 Pmposal-jpon request 4� D EXTRA SERVICES 7 I ud AerationPf"vosal request wtce-,P0v1L!Q I Proposal upon request I Proposal UPM request Rcpta�3rncnts upon request 1 f1foposal U00 request Moss t ,ntol turf 0 iffle ILr? I P-po-Ilu--not�—t as NOTES 'h`:G S,C072013 2)14,C ly M Tga:rs Oper,,paca t ACs,10113-2014-I-IF,1913 LANDSCAPE ANNUAL CALENDAR (2013-2014) PORTLAND HABILITATION(M-11TER,INC. fl City of Tigard-Cper'i Spaces 6312 Northeast 1481h Avenue 13125 SW Flail Blvd Portland,Oragon 97'230-34,38 1 igard. OR 97223 503.26 1.1256(Office) Contract Period of Performance: March 1 2013-February 28.2014 Site Name and Address: City of Tigard Senior Center,8815 SVV O'Mara St,Tigard,OR 97223 ra FREQUENCY SCHEDULE M Total MONTH Jan Feb!Mar Apr MaX I Jun I Sul _Aug I SepOct I Nov I Doc T—VI-Sits,Comments CONTRACTED SERVICES ro TURF 1 4 4 4 --67 4 —1 4i 5,—1 35 rH- 0ging.Id e 1 3 2 2 2 2 --T n $ofl edgirn 1 2 7 2 2 2 2 3 Sroadteaf 5otay 1 12 RlowWalks(Each'Asit) 2 2 4 4 4 —5 If rlecessar ORNAMENTAL BEDS Weed atrol 4 5 4 4 5 4 2 2 42 Pre-l"ziergent ApplicJinn t 1 Fertilize Shrubs and Trees 1 1 Pruni-Shrut)s vrree� 0 fl as ueded per spies for proper growth and development . .... ......... Soil test1 11 nc--ssarY to det�mrrmne needs of pWv,material Leaf Removal 4 4 4 T tt 16 s?Tfasn Removal 2 2 4 4 4 5 4 4 5 4 2 2 42 Mnp in arms of%chnJuled m* Pant InspeMion SPIECIAL SEROCES Anmal Color Spc!s 0 No son site proposal upon request. SmKdubl Applicaticr. 1 Proposal upon request ParktEg Lot CleanopI U Proposol sora ecquest __ EXTRA SERVICES Ind Aerj'irr !!ropqsat uppn request Slice sc*edm I plopoual Upon tec est_ Daep f W1 fen q"tl ol 11 Piopu-.at upon request. ......... proposal upon re2vpsl Mass control m turlan request (11 J: skal up� 0 Lqjr,L$L,,f �1 u n if-guest o NOTES -d w LANDSCAPiE ANNUAL CALENDAR (2013.2014) PORTLANL`FIABILITAIION tr;ENI*ER,INC. Clt of-Tigard-O n S aces 5312 Northeast 148th Avenue �� ► 13125 5,V Hall Blvd Portland,Oregon 97234-3438 Ti ard,OR 117723 543.261.12662(Office) 7t Contract Period of Perfonnance. Maros 1,2013-Febrtaa 28,2014 ` Site Name and Address_ City of Tigard Public Works B aildan 8777 SW Burnham Tigard,OR 97223 _ FREQUENCY SCHEOULE Total MONTH Ian I Febj Marl Apri May Jun I Jul IAu Seep Qct Nuv,Dee vis-ftCtamments n n - -- CONTRACTED SERVICES n —-- TURF l t9cwinc�-- t 4 4 4 5 4 423- 4 _35 Hard edging - 1 2 2 2 l 3 2 2 18 Soft edging 1 2 1 2 1 2 2 2 18 rerlil-zatlon 1 1�� _ 3 Brcadtraf Spray 1 _ 1 2 - 't Blow Walks iEx t Visit; ! 2 2 4 4 4 5 4 4 5 4 2 2 42 :soil lest �, f W 1� It sit cc . ORNAMENTAL{SEAS Weed pair,I 2 1 2 4 d - 4 4 - 4 1 41 Pre-Ernes ant Applicafian 1 1 2- ---� - Fert4ize Shrubs and f rees 1 I 1 fyrurw;nnihs'.Trp rs " @ as neoded per specwas for proper gro"h and developmeni Soli test-_ _ 1 1 If necassal-y tc determine n�Q.d.F pf pannj',maternal Leaf Removal 4 4 4 416 {?ebr sl Traslc Removal 2 2 4 4 4 5 4 4 4 2 2 42 °Done in are,nE-of sGh dkjlr 1 we i4 -- - - - l°lant latspection 1 1 1 1 1 5 SPECIAL SERVICES Annual Color.,i(cts i� 0 _ No beds an s.te,proposal upon re ciesl- Bnrkuaugt Anplt=ton t 1 Prok--SA upon request Part.M Let CG:anup -- 0 Propt2sal upon request EXTRA SERVICES Tudkerebon 1 t Pr%*SW-'upas rearrest Stacy Bracing t 3 P're usal a request Deco"t tr_rhuxatron 1T 1 l�ro osal upon 3 -- _ p tnguest Pians Rc karernenihit1 --- I 1 Ptoj sat upon request _4lass ct4nYnl in turf � -- � w � -- ....�— - ----- - -- _ 1 Proposal tAmrequosl- f) NOTES a,r,"_r", y�t}h«raa3.2�t4Srtiy�+Tryaxr VDar'Sp,a:.a:Le1G'S 2Q13 Tato 1 16 21tf3 r>o rD LANDSCAPE ANNUAL CALENDAR 1.2013 2014) PORTL/�ND HABILITATION CENTER INC. City of Tigard-Open Spaces 5312 Northeast 148th Avenue 13125 SVV Hall Blvd Portland,Oregon 97230-3438 Tigard,OR 97223u— 503.261-1266(0,T;(;e) Contract Period of Pierformante: March 1.2013-Februa -28.2014 rn Site Name and_Address Cid est Tigard Library 13500 Sty Hall_B �_S1223 FREQUENCY SCHEDULE cmmeriu MONTH I Jan Feb MwL�pr �J ul�;kafsepq Oc(I No 'I Dee I Visits Comments n PCONTRACTED SERVICES eD — TURF 1 _4 5 4 435 HaFd edging 1 2 2 2 2 2+ Soft ecgirg 1 2 2 2 2 2 1 2 i 2 Fertilization 1 1 1 3 cr Hiroadleat SpTy i t 2 Fmow'V"18iks €a Visit) 2 2 4 4 4 5 1 4 4 11 5 =4 *2R 42 SO il—test - — I—LA 1 -1 -- I ORNAMENTAL BEDS Weed Datool 4 4 4 5 4 4 5 42 1pre-.Liner,ent kcation 1 i 1 2 �F7prtqize Shruos and Trees iProne Shrubs&Trees . . . . . . . _0 as nc(,duq Pvf SpeGies for pioM cgovAri mitf devu[opment 2 2 3 2 2 3 2 1 21 Soil test It rec-essary to de*rmirw needs of plant inaleflal Leal RerncivM 4 4 4 41 4 4 1 16 5 4 4 5 4 2 2-2 sn a 1)oRe ireas of&Lhedwiy uled k F-Jant 1'5 -tion SPECIAL SEROCES Annum Cdor Spots I T No b---c's on mt, prop—,oprawest.n rawest. 2rndu�'t n request Farkinq Lot Cleanup 0 It2po"191 upon esl EXTRA SERVICES Turf AerationE4)p-at upon request SIK%C seeving 1 1 :WI)csa1 upon request Dtl"L,roof fertilization f If-'cposal upon roqLjegt Pljnt Kep.lacernents Moss control in turl I --L 0 t imw Pr11iff o P� po5al yinn request .NOTES S Nr.()T2V13.2C'440iv YTDwd otwr-%pw,,-j.A c 2013 Ay 4- IF 70 1 rrq ra C) Contract 0 CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO GROUNDS MAINTENANCE WATER,WATER QUALITY,AND CITY FACILITIES SITES THIS AGREEMENT made and entered into this 1"of September,2012 by and between the City of Tigard,a municipal corporation of the State of Oregon, hereinafter called "City", and Portland Habilitation Center Northwest,Inc.,hereinafter called"Contractor",collectively known as the"Parties." RECITALS WHEREAS, Contractor has submitted a bid or proposal to City=to provide specific services; and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services; and WHEREAS, City- and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to landscape maintenance 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 February 28, 2013. All services shall be completed prior to the expiration of this Agreement. The City and Contractor may agree to up to four (4) mutual one (1) year options. The total term of the contract cannot exceed five (5) years. 3. COMPENSATION City agrees to pay Contractor a 6 month amount estimated at Fifty Seven Thousand Nine Hundred Eleven Dollars and 22/100 dollars ($57,911.22 for performance of those services described herein. Payments shall be based upon the following applicable terms: This contract is Facility Type Monthly Annually for 6 month period Stormwater Quality Facilities $5,386.86 $64,642.32 $32,321.16 Water Facilities $1,497.49 $17,969.88 $8,984.94 City Facilities $2,767.52 $33,210.24 $16,605.12 $9,651.87 $115.822.44 $57,911.22 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. Standard Purchase Agreement—General Services Page 1 Contract# B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, 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 during the current fiscal year. Appropriations for future fiscal years shall be subject to budget approval by the City Council. 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: Stormwater Quality Facilities: CITY"of TIGARD PoRTI.ANI? .HABILITATION CENTER N(?12TI WEST, INC. Attn:Rob Block Attn:Eric Sitton Address: 13125 SW Hall Blvd. Address: 5312 Northeast 148,h Avenue Standard Purchase Agreement—General Services Page 2 Contract# Tigard,Oregon 97223 Portland, OR 97230 Phone: (503)718-2607 Phone: (503)261-1266 Fax: (503) 684-8840 Fax: (503)256-8665 Email Address: Rob@tigard-or.gov Email Address: esitton@12hcnw.com Water Facilities: t;ITV OF`l'IGARD PORTLAND HABILITATION CENTER NORTIItk FST, INC. Attn: Sam Morrison Attn:Eric Sitton Address: 13125 SW Hall Blvd. address: 5312 Northeast 148t1,Avenue Tigard,Oregon 97223 Portland, OR 97230 Phone: (503) -18-2600 Phone: (503)261-1266 Fax: (503) 684-8840 Fax: (503)256-8665 Email Address: Samm@tigard-or.gov Email Address: esitton@12hcnw.com City Facilities: CITS'of TIGAR.D PORTLAND I IABILITATION CENTER NORTHwFsT, INC. Attn: Greg Stout Attn:Eric Sitton Address: 13125 SV'Hall Blvd. Address: 5312 Northeast 148t1,Avenue Tigard,Oregon 97223 Portland,OR 97230 Phone: (503)718-2591 Phone: (503) 261-1266 Fax: (503) 684-8840 Fax: (503)256-8665 Email Address: Gregs@tigard-or.gov Email Address; esitton aj2hcnw.com 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 28" day of February, 2013 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 MNJEURE 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 Standard Purchase Agreement—General Services Page 3 Contract# 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 coverage's: 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 2,000,000 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 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 Standard Purchase Agreement—General Services Page 4 Contract# 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. 13. 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. 14. 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. 15. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 16. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 17. 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. 18. 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, Standard Purchase Agreement—General Sen=ices Page 5 Contract# 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 PORTLAND HABILITATION CENTER NW,INC By: Authorized City Representative oriz ontractor Representative hn Murphy, President/CEO =�1,2- 2�12— ugust 20, 2012 Date Date Standard Purchase Agreement—General Services Page 6 Contract# EXHIBIT A SCOPE OF SERVICES The major required tasks in the performance of the work shall include: 1. GENERAL CONDITIONS A. All tools, equipment, and materials necessary to perform the specified work for the City shall be provided by the Contractor. City shall be responsible for all costs associated to water. B. Contractor shall provide trained, qualified staff and shall be responsible for the appearance and conduct of all employees while performing work at any City facility. C. Contractor shall make monthly inspection of sites. If any issues are found Contractor shall discuss the issues with City's Grounds and Open Space Coordinator. Contractor shall provide comprehensive written inspection reports to the City at a minimum of four times throughout the year. D. Upon contract execution, Contractor shall provide City with an emergency contact phone number. This number shall provide the City with access to Contractor 24-hours a day, seven days a week in the case of emergency situations. Contractor's maximum response time to any non- emergency communications shall be 24 hours. Response time for an emergency communication shall be one (1) hour. E. Contractor shall remove all landscape debris and litter from the site and ensure that such debris is disposed of in an appropriate and legal manner unless prior arrangements are made. F. All pesticide applications shall be made by a licensed applicator or supervised trainee. All applications will be recorded and reported to the state as required. Applications of pesticides, fertilizers, or other amendment will be reported to the Grounds and Open Space Coordinator. 2. TURF MANAGEMENT A. Fine Lawn Mowing 1) For all turf areas, Contractor will. inspect the grounds and pick up litter and debris prior to each mowing and ensure proper.disposal. 2) All turf is to be mowed every seven days March through October. Mowing November through February will be completed on an as-needed basis with weather permitting, for an average of 37 mowing per year. No extra charge will be made for mowing's required due to unseasonably early spring or late fall turf growth. 3) Mowing height for all irrigated lawn areas will be no less than 11/2" and no more than 2" for a finished cut height. Turf will be cut at a uniform height with reel and/or rotary mowers in open areas and rotary mowers in closed areas. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. blowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns. 4) At no time will employees operating mowers, or other equipment damage landscape trees or shrubs. B. Edging All sidewalks, curb lines, concrete slabs, tree circles, and bed edges shall be mechanically edged as needed to maintain a neat, clean appearance approximately every second week during the mowing season. C. String Trimming Standard Purchase_agreement—General Services Page 7 Contract# Trimming shall be performed around all road signs, guard posts, trees, shrubs, utility poles,valve boxes, and other obstacles. The grass will be trimmed to no less than the desired height of cut determined by the mowing operation. Trimming will be completed with each mowing. D. Sweep/mow Walks At the conclusion of each visit, walks adjacent to work areas shall be swept or blown off to provide a clean, safe walkway. 3. PLANT BED MAINTENANCE A. Landscaped areas shall be policed weekly throughout the growing season and twice monthly during the dormant season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas. B. Planter beds shall be groomed an average of four times per year and more frequently in high traffic areas to remove debris and promote an attractive, fresh appearance. C. Pruning shall be done to enhance natural growth. Trimming of trees under 15 feet total height shall be included. The Contractor shall remove dead, damaged, and diseased portions of the plant. All cuts shall be flush and clean, leaving no stubs or tearing of bark. Major pruning shall be done following flowering or during planes dormant season. Emergency or minor pruning shall be performed when needed. 1) Pruning shall be performed by Contractor staff that have been trained and demonstrate competency in proper pruning techniques. 2) Shearing of plants shall occur only where previous practice has been to shear, or as directed by the City's Grounds and Open Space Coordinator. 3) Contractor shall provide remedial attention and repair to shrubs and trees as appropriate to season or in response to incidental damage. 4) Contractor shall prune shrubbery in order to maintain proper size in relationship to adjacent plantings and intended function. Examples of specific practices include: pruning photinia and pyracantha twice per year, pruning spring-blooming shrubs in June, pruning deciduous shrubs in the winter, etc. 5) Contractor shall prune trees (of less than 15 feet total height) as required to remove weak branching patterns and corrective pruning for proper development. Contractor shall further safely remove lower limbs when obstructing vehicular or pedestrian clearances. Remove lower branches of conifer trees when in conflict with growth of plantings beneath. 6) Contractor shall prune groundcover as required to contain perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Established groundcover shall be trimmed 4 to 6 inches off hard surfaces with a beveled or rolled edge. Mature groundcover shall be maintained at a consistent, level height to provide a smooth and even appearance. D. Removal of leaves from lawns, planter beds, and walkways shall be completed throughout the year as needed to maintain a clean appearance throughout the project. At landscaped areas, major leaf removal shall be conducted no less than monthly. On lawns, leaf removal shall be conducted weekly or at sufficient intervals as to avoid an unsightly appearance from November to December. E. Contractor shall monitor trees that are staked or guyed and loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root development for support. 4. ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM A. Moles, field mice, gophers, and other rodent activity shall be monitored by Contractor. Notification of problems and recommendations for timely, appropriate control measures are to be made to the Grounds and Open Space Coordinator, B. All applications of herbicides or pesticides shall be performed by an Oregon or Washington State licensed commercial applicator. All safety precautions will be taken in the handling and Standard Purchase agreement—General Services Page 8 Contract# application of chemicals as stated on manufacturer's labels and in the Oregon Deed and Pest Control handbooks. C. Contractor shall provide surveillance of all turf and shrub bed areas for weeds, and will take timely measures to safely treat the same with appropriate chemical. D. Post-emergent herbicide spraying of all mowed lawn areas shall be conducted by Contractor in the spring and fall with applicable materials. Applications with follow-up applications, as required, shall attain a kill of 98% of broadleaf weeds. E. All planter beds, tree circles, and sidewalk cracks adjacent to landscaped areas shall be sprayed by Contractor up to twice per month from March through October to control unwanted grasses and broad leaf weeds. Chemical practices will not be a substitute for hand weeding where the latter is required for complete removal. All planter beds may receive two applications of pre- emergent herbicide per year. Specified products are to be rotated in an effort to prevent soil contaminating levels. F. Contractor shall conduct inspections for insect and disease infestations on a monthly basis. Appropriate and timely control measures shall be recommended. G. Prior to their use, Contractor shall provide the City with,in accordance with OSHA regulations, Material Safety Data Sheets (MSDS) for all chemicals that may be used at City locations. H. Contractor shall be in compliance with requirements for hazardous communications programs at all tunes. Contractor must handle all hazardous chemical in accordance with all EPA, OSHA, DEQ, and ODOT regulations. Contractor shall further be responsible for providing and posting any and all appropriate signage related to the various chemicals that may be used in response to the work under the contract. 5. IRRIGATION Any damage caused by Contractor will be repaired by Contractor at no charge. Simple head and lateral line repairs may be made without prior notice in order to ensure rapid repair. Major repairs to mainlines,valves, and time clocks will require pre-approval from the Parks Supervisor. 6. FERTILIZATION A. Turf 1) Fertilizers shall be applied by Contractor in order to maintain proper nutrient levels and provide a consistent, healthy appearance throughout the year. Water conservation measures may require a "brown appearance", and less fertilizer applications during the summer. Turf will be fertilized with a well-balanced, slow-release fertilizer two or three times per year. Four pounds of nitrogen per 1,000 square feet will be applied per year to maintain a consistent, lush, green appearance. Fertility level will be consistent. An additional two applications of fertilizer will be bid on a per application basis and applied as directed by the Grounds and Open Space Coordinator if needed. Contractor will be responsible for cleaning walkways and entryways after application. Care shall be taken to keep fertilizer and other chemicals out of the parking lot catch basins and from areas that may runoff into streams. 2) Soil pH shall be monitored periodically and corrective measures will be proposed to the Grounds and Open Space Coordinator if needed. 3) Deficiencies of sulfur, magnesium, and other micronutrients shall be corrected as needed. Timing of these applications may vary according to need and should be done as part of the fertilization process. B. Plant Beds Fertilizing of all trees (3" caliper and less) and shrubs shall be completed a minimum of twice per year. All fertilization is to be uniformly applied at the drip line of the plant. Groundcover will be fertilized three times per year with materials broadcast. All fertilizers will be slow-release and Standard Purchase Agreement—General Services Page 9 Contract# balanced. 7. EXCLUSIONS The following work will not be required of the Contractor unless contracted for on a separate basis. Bids may be solicited separately-for this work. A. Trimming of trees over 15' total height. B. Cleaning and/or repairing from acts of vandalism, natural disorders, or acts of God (example: freeze,wind, fire, etc.). C. Treatment for diseases or pests on lawns, trees and shrubs, except as specified. D. Moss control due to insufficient mulch layer. E. Bark dust will be applied at a cost per unit when ordered. This includes bark and labor. F. Parking lot maintenance (sweeping,leaf pickup,litter pickup, and moss control). G. Aeration of lawn areas unless specified. H. Rodent control. I. Seasonal color. 8. EXTRA WORK BILLING Any and all extra work will require pre-approval from the City of Tigard Grounds and Open Space Coordinator.All extra work will be billed at the Contractor's standard hourly rate. CHANGES FROM PREVIOUS CONTRACT: 1. Stormwater facilities labor hours need to be reported for each Stormwater Facility 5 days after the end of the month. 2. If PHC is unable to meet the landscape calendar schedule they will need to complete the work missed within 15 days,if work is not completed the City will not pay. Standard Purchase Agreement—General Services Page 10 Contract# EXHIBIT B CONTRACTOR'S COSTING WORKBOOKS f C Northwest Beyond Limitations' July 3,2012 Michelle Wright City of Tigard 13125 SW Nall Blvd Tigard,OR 97223 RE: landscape Services for City of Tigard's Storm Management System; Period of Performance: September 1,2012 through August 31,2013 Dear Michelle, As you may know,the above-referenced contract is due for renewal. We are very interested in renewing this contract,and present the following proposals. Our proposal is based on no changes to the current Statement of Work.While we experienced an increase in wages and benefits,we are pleased to announce that we are able to maintain the current pricing,for the period listed above,at: $5,386.86/monthly,$64,642.32/annually Eff 7/2012,our additional landscape services hourly rates will be: $31.00/hour(on an as-ordered basis) $36.00/hour(overtime,weekends and holidays) Our costing is based on observing the following Union holidays: New Year's pay,Martin Luther King,Jr.'s Birthday, President's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day. if one of these holidays falls on a Saturday,it will be observed on Friday,and if it falls on Sunday,it will be observed on Monday. PNC will provide services,as defined by this contract,on other than the above listed days. Since we are maintaining our price,no DAS price determination is required. Please let me know if you have any questions or need additional information in order to process an amendment,if applicable. As always,we greatly appreciate your continued business and support of our mission to provide training and employment opportunities to people with disabilities. Sincerely 7� T erase M.Grays n,M n er Customer Relations Costing Analysis/Contracts Dept. TM6:keg PORII AND: 5312Ncutlieastl48diAr.nue-Pol*ncf,Or%yon97230* el(503)261-1266+Fax(50.�)26Wb Standard Purchase Agreement—General Services Page 11 Contract# f PH C Northwest .beyond Limitations" July 3,2012 Michelle Wright City of Tigard 8777 W Burnham Tigard,OR 97223 RB, Landscape Proposal for City of Tigard's Open Spaces Period of Performance: September 1.,20112 through August 31,2013 Dear Michelle, As you may know,the above-referenced contract is due for renewal. We are very interested in renewing this contract,and present the following proposals. Our proposal is based on no changes to the current Statement of Work.While we experienced an increase in wages and benefits,we are pleased to announce that we are able to maintain the current pricing,for the period listed above,at: $2,767.52/monthly;$33,210.24/annually Fff 7/2012,our additional landscape services hourly rates will be: $31.00/hour(on an as-ordered basis) $36.00/hour(overtime,weekends and holidays) Our costing is based on observing the following Union holidays: New Year's Day,Martin Luther King,Jr.'s Birthday, President's Day,Memorial Day,Independence flay,Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day. If one of these holidays falls on a Saturday,it will be observed on Friday,and if it falls on Sunday,it will be observed on Monday. PNC will provide services,as defined by this contract,on other than the above listed days. Since we are maintaining our price,no DAS price determination is required. Please let me know if you have any questions or need additional information in order to process an amendment,if applicable. As always,we greatly appreciate your continued business and support of our mission to provide training and employment opportunities to people with disabilities. Sincerely, YheZse M.Grays n,Ma er Customer Relation Costing Analysis/Contracts Dept, TMGAeg PORTLAND: _'Al2NTcutl1cast148thAvuiue•Portvicl,Ciregoti97230•TU(503)2611266+Fax(543)25{i86C6 Standard Purchase Agreement—General Services Page 12 Contract# PHC Northwest Beyond L.ianitationssm .... ..._ ..._ ..............- --- July 3,2012 Michelle Wright City of Tigard 1.3125 SW Hall Blvd Tigard,OR 97223 RE: Landscape Proposal for City of Tigard's Water Reservoir Sites Period of Performance: September 1,2012 through August 31,2013 Dear Michelle, As you may know,the above-referenced contract is due for renewal, We are very interested in renewing this contract,and present the following proposals. Our proposal is based on no changes to the current Statement of Work.While we experienced an increase in wages and benefits,we are pleased to announce that we are able to maintain the current pricing,for the period listed above,at: $1,497.49/monthly;$17,969.88/annually Elf 7/20.12,our additional landscape services hourly rates will be: $31.00/hour(on an as-ordered basis) $36.00/hour(overtime,weekends and holidays) Our costing is based on observing the following Union holidays: New Year's Day,Martin Luther King,Jr.'s Birthday,President's bay,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day. if one of these holidays falls on a Saturday,it will be observed on Friday,and if it falls on Sunday,it will be observed on Monday. PHC will provide services,as defined by this contract,on other than the above listed days. Since we are maintaining our price,no DAS price determination is required. Please let me know if you have any questions or need additional information in order to process an amendment,if applicable. As always,we greatly appreciate your continued business and support of our mission to provide training and employment opportunities to people with disabilities. Sincerely, herese M.Gray on, M er Customer Relatio & Costing Analysis/Contracts Dept. TMG:keg PORTLAND: X312 Northeast 1 48th.-VenLie•Portland,Oregon 3'7M-Td(,503)261-12513-Fwk(5O3r)2568665 Standard Purchase Agreement—General Services Page 13 Contract# EXHIBIT C Landscape Calendar Please note the City has made no changes to the landscape calendar from last agreement. Please contact Project Manager if PHC needs a copy. Standard Purchase Agreement—General Services Page 14 CITY OF TIGARD,OREGON CQ "SUMMARY FORM (F0RMMUSTACC0nrrANYE,4Cxr CONTRWTFORAUTHOMUTroN) Contract Title: Number' Contractor: PoW=d ?7I],jUtLgA Cw3t C.NR& t_ Inc. Contract Total: Contract Overview: Type: Purchase Agreement Start Date: End Date: Mav 31.2011 Personal Service Public Improvement LCRB Award: Department: Public Works IGA Other: Contract Manager: Quotes/Bids/Proposal: FIRM AMOUNT/SCORE iii i n ii iynai in rnrinrrirMr�� Portland Habilitation Center No west. Inca_ $9.737.86 Account String: FUND/DlyisioN_.rnririrnu �arnmAihildili� AmoL1NT Account Stormwater 510.6700.54001 $5.386.86 Account Water Facilities_ 539.6500.54001 $1,497.49 Account Cty Facilites 1O ,6100.54001 $2,853.51 Aomyals Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract 00 CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO GROUND MAINTENANCE AT WATER,WATER QUALITY, ` AND CITY FACILITIES THIS AGREEMENT made and entered into this 4`h day April of, 2011 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City," and Portland Habilitation Center Northwest, hereinafter called"Contractor",collectively known as the "Parries." 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 landscape maintenance 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 terniinated or extended, on May 31, 2011. All services shall be completed prior to the expiration of this Agreement. p � 3. COMPENSATION City agrees to pay Contractor an amount not exceeding Ten Thousand and No/100 dollars ($10,000.00) for performance of those services described herein, which payment shall be based upon the following applicable terms: Stormwater Quality $5,386.86 Sixty four thousand six hundred forty!yo!and Facilities 32/00 dollars Water Facilities $1,497.49 Seventeen thousand nine hundred sixty nine and 88/00 dollars _ City Facilities $2,853.51 Thirty four thousand two hundred forty two and 12/00 dollars A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, 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 for 2010-2011 fiscal years. Other fiscal years shall be dependent upon Council budget approval 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,purchase card,and other information: Standard Purchase Agreement—General Services Page 2 Revised—05/14/2007 CITY ofTmkRD POR"ELAND HABILITATION CENTER NORTH\XEST, INC. Attn: Greg Stout Attn:Eric Sitton Address: 13125 SW Hall Blvd. Address: 5312 Northeast 14811'Avenue Tigard, Oregon 97223 Portland,OR 97230 Phone: (503)718-2591 Phone: (503)261-1266 Fax: (503) 684-8840 Fax: (503)256-8665 Email Address: Gregs@tigard-or.gov Email Address: esittonnphcnw.com 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before 31`h day of May, 2011 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 MNEURE 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. Standard Purchase Agreement—General Services Page 3 Revised—05/14/2007 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 2,000,000 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 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. Standard Purchase agreement—General Services Page 4 Revised—05/14/2007 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 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. 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 Standard Purchase Agreement—General Services Page 5 Revised—05/14/2007 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. Z O 7 PORTLAND ABILITATION CENTER,INC. /1 ),/""-"V 4:�2� 9 By:Authorized City Representative By: Authorized Contractor Representative /,?/ff April 7, 2011 Date Date Standard Purchase Agreement—General Services Page 6 Revised—05/14/2007 EXHIBIT A SCOPE OF SERVICES The major required tasks in the performance of the work shall include: 1. GENERAL CONDITIONS A. All tools,equipment, and materials necessary to perform the specified work for the City shall be provided by the Contractor. City shall be responsible for all costs associated to water. B. Contractor shall provide trained,qualified staff and shall be responsible for the appearance and conduct of all employees while performing work at any City facility. C. Contractor shall make monthly inspection of sites. If any issues are found Contractor shall discuss the issues with City's Grounds and Open Space Coordinator. Contractor shall provide comprehensive written inspection reports to the City at a minimum of four times through out the year. D. Upon contract execution, Contractor shall provide City with an emergency contact phone number. This number shall provide the City with access to Contractor 24-hours a day, seven days a week in the case of emergency situations. Contractor's maximum response time to any non-emergency communications shall be 24 hours. Response time for an emergency communication shall be one(1)hour. E. Contractor shall remove all landscape debris and litter from the site and ensure that such debris is disposed of in an appropriate and legal manner unless prior arrangements are made. F. All pesticide applications shall be made by a licensed applicator or supervised trainee. All applications will be recorded and reported to the state as required. Applications of pesticides, fertilizers, or other amendment will be reported to the Grounds and Open Space Coordinator. 2. TURF MANAGEMENT A. Fine Lawn Mowing 1) For all turf areas, Contractor will inspect the grounds and pickup litter and debris prior to each mowing and ensure proper disposal. 2) All turf is to be mowed every seven days March through October. Mowing November through February will be completed on an as-needed basis with weather permitting, for an average of 37 mowings per year. No extra charge will be made for mowings required due to unseasonably early spring or late fall turf growth. 3) Mowing height for all irrigated lawn areas will be no less than 11/2" and no more than 2" for a finished cut height. Turf will be cut at a uniform height with reel and/or rotary mowers in open areas and rotary mowers in closed areas. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising,tearing,and shredding is to be prevented. Mowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns. 4) At no time will employees operating mowers, or other equipment damage landscape trees or shrubs. B. Ed in All sidewalks,curb lines,concrete slabs,tree circles,and bed edges shall be mechanically edged as needed to maintain a neat,clean appearance approximately every second week during the mowing season. C. String Trimming Standard Purchase Agreement—General Services Page 7 Re-6sed—05/14/2007 Trimming shall be performed around all road signs, guard posts, trees, shrubs, utility poles, valve boxes, and other obstacles. The grass will be trimmed to no less than the desired height of cut determined by the mowing operation. Trimming will be completed with each mowing. D. Sweep/Blow Walks At the conclusion of each visit,walks adjacent to work areas shall be swept or blown off to provide a clean, safe walkway. 3. PLANT BED MAINTENANCE A. Landscaped areas shall be policed weekly throughout the growing season and twice monthly during the dormant season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas. B. Planter beds shall be groomed an average of four times per year and more frequently in high traffic areas to remove debris and promote an attractive,fresh appearance. C. Pruning shall be done to enhance natural growth. Trimming of trees under 15 feet total height shall be included. The Contractor shall remove dead,damaged,and diseased portions of the plant. All cuts shall be flush and clean, leaving no stubs or tearing of bark. Major pruning shall be done following flowering or during plant's dormant season. Emergency or minor pruning shall be performed when needed. 1) Pruning shall be performed by Contractor staff who have been trained and demonstrate competency in proper pruning techniques. 2) Shearing of plants shall occur only where previous practice has been to shear,or as directed by the City's Grounds and Open Space Coordinator. 3) Contractor shall provide remedial attention and repair to shrubs and trees as appropriate to season or in response to incidental damage. 4) Contractor shall prune shrubbery in order to maintain proper size in relationship to adjacent plantings and intended function. Examples of specific practices include: pruning photinia and pyracantha twice per year, pruning spring-blooming shrubs in June, pruning deciduous shrubs in the winter,etc. 5) Contractor shall prune trees (of less than 15 feet total height) as required to remove weak branching patterns and corrective pruning for proper development. Contractor shall further safely remove lower limbs when obstructing vehicular or pedestrian clearances. Remove lower branches of conifer trees when in conflict with growth of plantings beneath. 6) Contractor shall prune groundcover as required to contain perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Established groundcover shall be trimmed 4 to 6 inches off hard surfaces with a beveled or rolled edge. Mature groundcover shall be maintained at a consistent,level height to provide a smooth and even appearance. E. Removal of leaves from lawns, planter beds, and walkways shall be completed throughout the year as needed to maintain a clean appearance throughout the project. At landscaped areas, major leaf removal shall be conducted no less than monthly. On lawns,leaf removal shall be conducted weekly or at sufficient intervals as to avoid an unsightly appearance from November to December. F. Contractor shall monitor trees that are staked or guyed and loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root development for support. 4. ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM A. Moles, field mice, gophers, and other rodent activity shall be monitored by Contractor. Notification of problems and recommendations for timely,appropriate control measures are to be made to the Grounds and Open Space Coordinator. Standard Purchase Agreement—General Services Page 8 Revised—05/14/200', B. All applications of herbicides or pesticides shall be performed by an Oregon or Washington State licensed commercial applicator. All safety precautions will be taken in the handling and application of chemicals as stated on manufacturer's labels and in the Oregon Weed and Pest Control handbooks. C. Contractor shall provide surveillance of all turf and shrub bed areas for weeds, and will take timely measures to safely treat the same with appropriate chemical. D. Post-emergent herbicide spraying of all mowed lawn areas shall be conducted by Contractor in the spring and fall with applicable materials. Applications with follow-up applications, as required, shall attain a kill of 98%of broadleaf weeds. E. All planter beds, tree circles, and sidewalk cracks adjacent to landscaped areas shall be sprayed by Contractor up to twice per month from March through October to control unwanted grasses and broad leaf weeds. Chemical practices will not be a substitute for hand weeding where the latter is required for complete removal. All planter beds may receive two applications of pre-emergent herbicide per year. Specified products are to be rotated in an effort to prevent soil contaminating levels. F. Contractor shall conduct inspections for insect and disease infestations on a monthly basis. Appropriate and timely control measures shall be recommended. G. Prior to there use, Contractor shall provide the City with, in accordance with OSHA regulations, Material Safety Data Sheets(MSDS)for all chemicals that may be used at City locations. H. Contractor shall be in compliance with requirements for hazardous communications programs at all times. Contractor must handle all hazardous chemical in accordance with all EPA, OSHA, DEQ, and ODOT regulations. Contractor shall further be responsible for providing and posting any and all appropriate signage related to the various chemicals that may be used in response to the work under the contract. 5. IRRIGATION Any damage caused by Contractor will be repaired by Contractor at no charge. Simple head and lateral line repairs may be made without prior notice in order to ensure rapid repair. Major repairs to mainlines, valves, and time clocks will require pre-approval from the Parks Supervisor. 6. FERTILIZATION A. Turf 1) Fertilizers shall be applied by Contractor in order to maintain proper nutrient levels and provide a consistent, healthy appearance throughout the year. Water conservation measures may require a "brown appearance", and less fertilizer applications during the summer. Turf will be fertilized with a well-balanced, slow-release fertilizer two or three times per year. Four pounds of nitrogen per 1,000 square feet will be applied per year to maintain a consistent, lush, green appearance. Fertility level will be consistent. An additional two applications of fertilizer will be bid on a per application basis and applied as directed by the Grounds and Open Space Coordinator if needed. Contractor will be responsible for cleaning walkways and entryways after application. Care shall be taken to keep fertilizer and other chemicals out of the parking lot catch basins and from areas that may runoff into streams. 2) Soil pH shall be monitored periodically and corrective measures will be proposed to the Grounds and Open Space Coordinator if needed. 3) Deficiencies of sulfur, magnesium,and other micronutrients shall be corrected as needed. Timing of these applications may vary according to need and should be done as part of the fertilization process. B. Plant Beds Standard Purchase Agreement—General Services Page 9 Revised—05/14/2007 Fertilizing of all trees(Y caliper and less) and shrubs shall be completed a minimum of twice per year. All fertilization is to be uniformly applied at the drip line of the plant. Groundcover will be fertilized three times per year with materials broadcast. All fertilizers will be slow-release and balanced. 7. EXCLUSIONS The following work will not be required of the Contractor unless contracted for on a separate basis. Bids may be solicited separately for this work. A. Trimming of trees over 15'total height. B. Cleaning and/or repairing from acts of vandalism, natural disorders,or acts of God (example: freeze, wind, fire,etc.). C. Treatment for diseases or pests on lawns,trees and shrubs,except as specified. D. Moss control due to insufficient mulch layer. E. Bark dust will be applied at a cost per unit when ordered.This includes bark and labor. F. Parking lot maintenance(sweeping,leaf pickup,litter pickup,and moss control). G. Aeration of lawn areas unless specified. H. Rodent control. I. Seasonal color. 8. EXTRA WORK BILLING Any and all extra work will require pre-approval from the City of Tigard Grounds and Open Space Coordinator. All extra work will be billed at the Contractor's standard hourly rate. Standard Purchase Agreement—General Services Page 10 Revised—05/14/2007