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Portland Habilitation Center Northwest, Inc ~ C130075 1111 q TIC ' 0. March 3,2016 City of Tigard Portland Habilitation Center Northwest Attn: Kari Godinez 5312 Northeast 148th 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#C1,30075 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 -Water 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. The City looks forward to doing business with Portland Habilitation Center Northwest (PHC) in the next year on our Stormwater and Water Facilities. Sincere 4"'" Jamie Greenberg , Purchasing Assist.E• 503-718-2492 jamie@tigard-or.gov 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 7 Company:Portland Habilitiation Center Signed: . - t If March 3, 2016 r Date: Painted Ti owodworski, CFO I 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Is III TICARU City of Tigard February 19,2015 Portland Habilitation Center Northwest Attn; Tracy Hill 5312 Northeast 148th Avenue Portland, OR 97230 REF.: City of Tigard Agreement for Grounds Maintenance at Water and Water Quality Facilities Period:March 1,2015 thru 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 659.6400.5'1001 Facilities Grounds $3¢l-8 gg fig;{g�g4 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 Storrnwater and Water Facilities. Si curly,A ,,,A..t. Michelle Wri 1 g: t 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:. /'.4/ ,,,, , Date: 2/19/15 Printed: Debra A. Houston 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov ,' q- T1 GARD City of Tigard March 9,2014 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, (4eAttaSl L)� 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 Habilitation Signe.• --/111/1, _,.F Center, Inc. Date: 4/4/1 4 Prin : : John Murphy, President/CEO 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • 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 (PHC) Contract Total: $ 120,006.84 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 Works Quotes/Bids/Proposal: Vendor/Firm Score/Bid PHC QRF Account String: GL String Project String Amount 650.6400.54001 Facilities Grounds $34,183.80 510 6700.54001 Stormwater Facilities $67,518.00 530.6500.54001 Water Facilities $18,305.04 Approvals and Comments Department Comments Signature: Purchasing Comments City Ma Comments Signature: �' Contract 13°6) • 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, 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 kgreement 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 `Iwenty- 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 terms: Facility Type Monthly Annually Stormwater Quality Facilities $5,626.50 $67,518.00 Water Facilities $1,525.42 $18,305.04 City Facilities $2,848.65 $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 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 [JSC 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. L 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: Standard Purchase Agreement—General Services Page 2 Contract# STORMWATER QUALITY FACILITIES: CITY OF TIGARD PORTLAND HABILITATI0N CENTER NURTTIINILST,INC. Attn: Rob Block Attn: Rick Raiter Address: 13125 SW Hall Blvd. Address: 5312 Northeast 148`'' 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: Robo'tiaard-or. Email Address: rraiterlt pl�cmy.corn — WATER FACILITIES: CITY OF TIGARD PORTLAND HABILITATION CENTER NORTHWEST,INC. Attn: Aaron Beattie Attn: Rick Raiter Address: 13125 SW Hall Blvd. Address: 5312 Northeast 148th 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: abeattie u'tiard-or.gov Email Address: rraiter iiphcnw.cotn CITY FACILITIES: CITY OF TIGARD PORTLAND HABILITATION CENTER NORTHWEST,INC. Attn: Grew Stout Attn: Rick Raiter Address: 13125 SW TTall Blvd. Address: 5312 Northeast 148th 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: Greg sci'rig:ird-or.gov Email Address: rraiter('phcnw.com 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 28"day of February, 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 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. FORCEMAJEURE 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.:Agreement—General Services Page 3 Contract# of the parties so disenabled, including but not restricted to, natural disaster,war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 10. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425,and all regulations and administrative rules established pursuant to those laws. 11. INDEMNITY/HOLD HARMLESS Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands, judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 12. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and 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 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 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 Standard Purchase 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 $2,000,000. 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 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 u 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 parry 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 Standard Purchase Agreement—General Services Page 5 Contract# 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, 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 at their April 23,2013 business meeting. CITY OF TIGARD PORTLAND HABILITATION CENTER NW,INC By:Authorized City Representative By.Au *orized ontractor Representative ,r • ohn M rphy President/CEO £. 56. l"j3 _ Aril 25 201 3 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: 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. 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 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 7 Contract# 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. I) 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 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 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 application of chemicals as stated on manufacturer's labels and in the Ore on Weed 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 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 OSIIA 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 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 Agreement—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. L 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. Storanwater facilities labor hours need to be reported for each Stortnwater Facility 5 days after the end of the month. 2. If PI IC 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 ". '. PHC Northwest Beyond Limitations' January 17,2013 Michelle Wright City of Tigard 13125 SW Hall Blvd Tigard,OR 97223 RE: 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 records.Rick is currently working with Brian Wheatley&Aaron Beattie on Storm Management&Water Reservoir Site calendars.Our increase Includes the eight (8)additional Water Quality 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 $2,848,65 $34,183.80 Storm Management $5,386.86 $64,642.32 $5,626.50 $67,518.00^ v Water Reservoir Sites $1,497.49 $17,969.88 $1,525.42 $18,305.04 ' 1 Total $9,651.87 1 $115,822.44 _ $10,000.57 $120,006.84 Eff 7/2012,our additional landscape services hourly rates will he: $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 holidays: New Year's Day,Martin Luther king,Jr:s Birthday, President's Pay,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day. lone of these holidays falls on a Saturday,it will be observed on Friday,and if it falls on Sunday,it wi,l 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 503-542-3948. We will than send it to DAS 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, (.,) z j The ese NI.Gra son Y Contracts&Comma s Director 7MG:keg PORTLAND: 5312 Northeast 148thAst'nue•Portia xl,Oregon 372'0•Tel.(503)261-1266•Fax(503)256856f1 Standard Purchase Agreement—Genera(Services Page 11 Contract# ' L i DEPARTMENT OP ADMINISTRATIVE SERVICES Request for Price Approval For Landscape Services ,Contract# _ (Product or Service) Total Price: S 120,046.84 T �,per Year(3/112013-7/28/2{314} (month, year,each,daz.) Requesting Agency: City of Tigard,Public Works-Open Seaces-Strrrnr Management- Water Reservoir Sites Requesting QRF: Portltuid 1labilitatiQn C&Drsr Altert pte,5t.Fnc _. Agency and QRF agree the proposed price and supporting documentation meets the requirements of OAR 125-055-0030. 1i date 4 A !Creed Agency Si:,ature ,phone# 9_ filleh — Z 1 mail A�irlress [` �i is ,date:Januar 1,20:3 A hori Q' Si n tta c/o Theses 3vl_ ',rRif stui.1 Conty_Sort@phenw.com phonw.com phone 4O1261-l26( )(1 Email{Address DAS/SPO has reviewed the submitted documentation supporting the price offered by the QRF and approves the price for prOcurement of the above stated product or service in accordance with OAR 125-055-0030. • ,date: e DAS QRF Coordinator RAvised 1/2612004 State Procurement Office Achieving Results Together Standard Purchase Agreement—General Services Page 12 Contract# LANDSCAPE UNION(L.1.U.N,A.,LOCAL 483) WAGE AND BENEFITS INFORMATION Projected* 7/1/2009 7/1/2010 7/1/2011 7/1/2012 7/1/2013 Accins*(Orevon) 3.27% 3.32% 3.10% 2.95% Unknown .51035-wage .40760-:-wage .38780-wage .54035=wage .64120-wage Accins*(Wash) (elf I12011) teff 1/2012) (elf 0013) (eff 1/2000) (ell'10010) Uneroploy.Tax 2.4%(eff, 1109) 3.1%(eff 1/10) 3,3%(eff. 1 3011) 3.3%(eff 1'2012) 3.3%(eff 1'2013) "Wage Rates(hired prior 10 7/1/08)=Previous Race t.50%of the average Jan.through Dec.CPI.capped al 1.5%. 2011 CPI=2 9%. *Wage Rates(hired after 7/1108)°Pres ious Rate+the average Jun.through Dec.CPI,capped at 3.0%. 2011 CPI=2 9%. Projected' WAGE 11&W WAGE 11&W ( *WAGF H&W 'WAGE H&W *WAGE H&W Landscape Tech l $10.09 52.79 510.10 $2.93 $10.17 $3.10 $10.32 $3.38 $10 53 53.39 Landscape Tech 11 511.72 52.83 111.23 $2.98 111.30 53,15 $I L46 $3.42 $11.69 $3.43 Landscape Tech Ill $11.33 52.84 511.34 52.98 511.49 ;; h' 511.82 13 44 $12.06 $3.45 (New,eff 711/Yt8) Landscape Crew Foreman(rere(lo $14,11 12.95 $14.12 $3.10 $14.21 11.27 514.47 S3.:5 $14.71 53.56 C3 A) Irrigation Appren- 512.88 57.90 $12.89 53.05 $13.06 $3.22 513 1.1 $3.51 $13.7: $3.52 lice(New.cf171I NR) Irrigation Specialist $17..51 $3.08 $17.53 $3.24 $17.64 53.11 117.90 $3.69 518.26 53.71 Sp1uyTechnic.iati $15.47 $3.02 $15.99 $3.18 $16.09 $3.35 $16.32 53.63 $1t,-65 53.64 Valle le/Equipment $12.88 52.90 $12.89 $3.05 51.2.97 53.22 $13.16 53,49 $13.42 53.51 Mech.Apprent-ce Vehicle/Equipment $17.00 $3.06 517.0' 53.23 $17.13 53.39 517.38 53.67 $17.73 53.68 Mechanic Supervisor $18.45 $3.57 $18.47 $3.74 $18.60 5192 518.93 $4.21 $19.31 $4.23 'Risk projection at 2%increase on wages. FOR COMPARISON,NON-UNION'WORKERS(wages vary per Wage Determination) FEDERAL WD,HEALTH&WELFARE RATE 6/1/2007 6/1/2008 6/1/2009 6/22/2010 6/17/2011 6/17/2012 $3.16 $3.24 $3.35 S3.50 $3.59 $3.71 GROUNDS MAINTENANCE EXCEPTIONAL SERVICE HOURLY RATE S31.00(eff 7/2012) IRRIGATION EXCEPTIONAL SERVICE HOURLY RATE $36.00(off 7/2008) 5,Trm plate 6nginah''Wsrr. I ienafii CBAlLarkixvpeW&B.INFO51it.rh{Yon-GSA).Efr72009CauR2013.uiii Piap.ctedWage-'%•2013.7.017.AVSO12 :n3 doc J n Z 2C]3 Standard Purchase Agreement•-General Services Page 13 Contract # 1k0 saF ra,"corporation PORTLAND HABILITATION CENTER INC _ Premium estimate for Guaranteed Cost Plan with adjusted rates - Period: 07/01/2012- 07/01/2013 Policy: 256990 Plan: 1 • Base Adjusted Class Description Payroll rate rate Premium 8742 Field Representatives $378,900 .29 .003045 $1,154 8810 Office Clerical $1,157,251 .17 .001785 $2,066 8837 , Charitb Le/Welfare Orgn-Al Op-Dr $10,901,672 _ 7.60, .027300 $297,670 9015 Buildings-Ops By Owner/Lessee&Drivers $111,928 3.68 .038640 $4,325 7090 NI • Vessels-Boat Livery-State Act $0 9.05 .095025 $0 Total Payroll $12,551,751 Experience Rating Modification 1.050 Balance Co Minimum Premium Maritime •i• $276 Standard Premium $305,491 Premium(Discount - $47.610 Discounted Premium $257,880 Terroriser Premium + $1,255 Catastrophe Premium + . $1,255 DCBS Premium Assessment 0 6.2% + $16.127 Tdtal Premiums and Assessments $276,518 Premium discount schedule 1-/i )�r0 2 „1 First $3,500 0.0% Ef,frnunn"_ Next $14,500 10.0% Next $82,000 15.03! . Over $100,000 16.5% Maritime coverage at limit of$500,000,with$276 minimum premium. Terrorism premium total payroll/100 x.01 4. Catastrophe premium=total payroll/100 x.01 ❑CBS Premium Assessment excludes 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 on your current estimated premium end may be prorated for policies issued for less than a full year or adjusted based on actual payroll by classification. - Eff 7/1/2012,the rate k as Follows: DUBS Modified Terrorism Catastrophe Premium a • Premium Premium Premium Assessment(6.2%) ((2.6 x 1.05) + ((2.6x I.05)*.O1) + ((2.6 x 1.1)+.01))+ ((2.6 x 1.05)•.062) - 2.95% ^4 Po5c7_Pronou!_Peder,JN-emEaddyRate Created on 06107/250 Standard Purchase Agreement—General Services 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 unemployment claims vary greatly from period to period, depending on turnover. While the actual quoted rates also vary from 1%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 web (tivww.oregon.gav/employ/tax) under State Tax Rates,checked and printed on 1/2/2013. This rate information is also available by calling the Oregon Employment Tax Division, at 1-503.947-1488. Template Original9,+Wage&Benefi1sIUnemployment Tax Rate Update 2013.doc Revised: 1/2/2013 Standard Purchase Aggteetnent Q General Services Page 15 -_ SU c LANDSCAPE ANNUAL CALENDAR(2013-2014) PORTLAND HABILITATION CENTER,INC. it Cif t Tigard-Open Spaces 5312 Northeast 148th Avenue - 13125 SW Hail Blvd Portland,Oregon 9i2348 1111 Tigard,OR 97223 503,261.1266(Offices ...-.7. Contract Period of Performance: March 1,2013 Februay 2e,2014 rt Site Name and Address: City or Tigard Fanno House 13335 SW Hall Blvd,Tigard,OR 97223 o FREQUENCY SCHEDULE Total ov T r"o MONTH Jan"Febl marl AprlMay!Jun Jul Aus5;septli0ct Nov ❑ee Visits Comments - - n CONTRACTED SERVICES E TURF 2 r � Mowing — 1 4 4 Fiord edging I 1 1 1 QIEHIEel-l. 13 rt.:: FSOft e rru& 1 2 '� 1 1 1 1 2 �� Fertilization ` Broadleaf Spr -IM-� � I �� 5, Rim Walks Each Visit) 4 4 5 4 4 MI Include Driveway rnp' ,Soli test if needs a ORNAMENTAL BEDS __ �� � 4 4 4 47. - Pre-Ernergent AF+I Galion � �®� Fertilize Shrubs and Trees l Prune Stlrubs S Trees 0 as needed.er •ecres for upper.rowth and development r rk Soil test " E_ 1 - if necessa to determine needs of plant rnarenai Z Lea(Rernays �-- ln 4 16 x i—i Debris)Trash Removal 4 4 KOLZI 5 4 mono 4 4 5r] Done in areas cf sttteduled work el Cd Plant Irspecrran 1 =I- I 11111111111 d t-i SPECIAL SERVICES ►b n T� Armuair,lc Sf o s r I 0 tNo beds on srtc prcpa.,al upar t finest [Baskdust yolk:at u3 1 I I OWf ra sal upon rertJes1_ iParkin.Lot Cleanup � J PmMSaI upon regW est — v, 0 EXTRA SERVICES Turf Aeration - I J1 Proposal upon request Slim Seeding 1 '"� ,, t Prapasal Libor request D ren apt terlilizargn ' r 1 Proposal u an redo_est epla._erner.ts 1111111-= �__° 1 Prop .aI upon request "Mass .rr^f i ::r1 1 P 1 Pm:asal upon request Lime tuff 1 I 1 IP7r40jaa'.uber request p NOTES r ------ m+ i It t r•^.:?n t q S 1COTi2013 2014!Cl1¢or Tina rd OPe-'gate:AC's 2013.2014---15 2513 a a do ro Cam. 'J FS LANDSCAPE ANNUAL CALENDAR (2013-2€114) PORTLAND HASIUTATION CENTER INC. Q. City of Tigard-Open Spaces - 5312 Northeast 148th Avenue - ` .' 't 13125 SW Hall 8ivd Portland,Oregon 972311-3438 - Tigard,OR 97223 503.261 1266(Office) w Contrast Period of Performance: March 1,2013-Februarl�2S,22014 ,,,,,,a Site Name and Address City of Tigard Library 13500 SW Hall Blvd,Tigard,OR 97223 FREQUENCY SCHEDULE Total roNTH 1 Jan'Feb Mar!Apr]MayIJun Jtrl Aug Sels(Osr Nov Dec Visits Comments rs CON1 RACTEO SERVICES 7 TURF _ --. Iti'1rNP:ERCU _��._� 4 4 '4 , . ,l.i I� -_- ro Hard edgnTg 2 2 �+ ® . 18 Soft edg rig - — i �� 18 w Fertilization - I 1 -® = 3 a Broadleaf Spray ���0�n' - - Row Walks(Each Vreltl 2 Ei 4 4 . 4 lila II 2 42 A S'Ll test _ -— 1 ' 1 If necessary �. ORNAMENTAL BEDS IA ®�- Y.._ -- Weed patrol 4 4 1 4 5 4 M 4 Pre Fn1er rent Application = = ��- _ --_--- - H prune ze Shrubs and Trees " Prunes;rubs F.I tees r as na?ded per s•ec es for rm.-r•owth and deyeioprne:ni PntRn Strawberry L,-ourdccver 0 2i 2 i 8000 _ Soil tort � EOM= _ M If necessary to determine needs of pdafil inateriai Leaf RemsvaaI -. - i 4 --M 4 NI 4 I ... a.. I Debris 1 Tr �,t Removal 12 2 Q 4 5 11 4 5 4 2 2 42 s Dolie in areas of sChedused v or#r nail/InspoUion 1 1 En 1 1 - 5 SPECIAL SERVICES __ Anne Colnr Sprits 0 No beds on site proposal upon request rhdu t P ov i[it on I m:Pr�sai Soon request P�rkina t at t.,leanup • • ` ' • '_ _ ;Proposal 1!+n request F _._ -- —.. ._.. r 0 _ .. EXTRA SERVICES I urf Aeration -1_. I T pro osal uo€n request - ise yas=erinr� r t 1 h[1 Jproposal iepon request re op rant 1 rTrlia.3riori 1 1 Proposal upnrl requesf f ant?i: nncnl5 r�- 1 Piu Oral urn r e q u e s t - ['; F - lily.s Jni,it ,•turf 1 IIII 1 ! 1 Proposal upon request _ 0 0 It in- ILE-r ± _ t -- -�---- - 1 Proposal n request �---- 4 n NOTES r «.•:t. -- - e .--� -- - - S lCtfl 2D 1,i 2:14,i'..l1�.f T�gar::ir*r•Space!AC5 313-2014-1.16 2013 w Uri ra --r ;-1 a a. LANDSCAPE ANNUAL CALENDAR(2013-2014) PORTLAND HABILiTATION CENTER.INC. 1. a." City of Tigard-Open Spaces Northeast 148th Avenue III: '11 i '-d 13125 SW Hall Blvd Portland,Oregon 97230-3438 _ p[ n 1 tgard,OR 97223 503.261.1256(Office) a-. _.-1• • I 10 Contract Period of Perforrnance: March 1.20-13-February 28,2014 ri . Site Name and Address: City of nosed Senior Center,8815 SW O'Mara St,Tigard,OR 97223 cr*& FREQUENCY SCHEDULE ;fatal! n MONTH JanIFib7471-lar Apr May[Jur I Ail AThT19 Seii"( N;To r Dee l Visits'Comments _ B " CONTRACTED SERVICES ro , , d ruRF ,c) mcwilit —• - Wilii _4'EMI 6 4---4- 5 4_. MM. Hard edging MU 2 2 2 ElliellEll 2 18 n Soil ed.- • MIMI WM 2 , 2 2 MIN 2 18 i-L Fertitzation 1111== 1 JIM 111111.1111111111M. ',.-. n Broadleaf Seray 11.11M 1 M 1.11.1111.11.3il Blow Walks(Each Visit) IENE 4 5 rewilEim MI WI 4 MIME sod test If necessar vi -- Min ORNAMENTAL BEDS . Weed patrol 2 = 4 imumumwgzsigui 2 2 42 , 're-rrnergent A_p-plicalion Milli MEIMINOMMIIIIIIMI il 2 I Fertilize Shrubs and Trees 1 1111=11.1111.11.M111 1 Prune rubs&Trees •ded per species far weer growth and development * ' ' . SMIEN11==111111M11 • Ill - 6 is Soil test 1 IIMMIIIMMIIM=111111. MI 1 111 necessary I.o deterrnme needs cti ptani material I_Leaf Removal 4 ssimillimemnillogi L_ID-ett,s,Tras.1R-emoval Ei 2 MillinMEribiirillEME11.211 Done ti'l arras scheduled work Plant 1nsper-tion 1 =I= 1 1 ' 5 k ....... SPECIAL SERVICES Frnit,3rbolor Spots : I r— ; coNal3eTii on site-'pr6-p-irl7ukoti-r-7-.1ee 11. Ba/r.dosi Applicaticr. I I r 1 Proposal upon request Oarkirq Lot Cleanu Ell 1111 • 1 ' 1.- -' b 1Proposai upon request 11111=== _I_ I - -- EXTRA SERVICES T r1'Ae.3"ion 1 ' I 1.1--si , ... , 1 Pro sat n re ue-' pa ur.-o '4 , Sr cc S-ddt_ 1._ . 1 r 1 Plopcal upOn request __ .. C.:acp nil ferNiZatIM 1 ■ }M Proposal upon regLeSI ReplOkee.DUNS ' ---.. - 1 Mil 1 F Proposal upon regmest i Moss control in tud I 1 , Proposal upon request c..) Imre lurr ' 1 = MI 1 Proposal upon request -1 o _ 'T2 n NOTES [ ._.......1 4 t 1 27.2C13 ":'("Cl.'.■.c.,I±2,114,C.,'y of Nara opal*scitee LAGS 2011 2014-1-16 21 -d A) cro in 07.0 ✓ ra LANDSCAPE ANNUAL CALENDAR (2013-2014) PORTLAND HAt3ILUTA1ION CENTER,INC. `� - ► cL a _City of Tigard-Open Spaces 5312 Northeast 148th Avenue i .7 13125 SW Nail Blvd Portland,Oregon 9723f}-3438 E Tigard,OR 97223 _ 503.261.1266(Office) , 7 n Contract Period of Performance. March 1,2013-February 28,2014 w n Site Name and Address: City of Tigard Public Works Buiidrn 8777 SW Burnham Tigard,OR 97223 ;,- FREQUENCY SCHEDULE Tatot fOU MONTH Jan Feb Mar Apr May Jun Jul 1 Au g Sep#i Oct Nov,Dec Visits Comments nr° __. CONTRACTED SERVICES Pi, - -- z TURF Hard ed9iny I ' 1 Ilin 2 I 3 1 2 1 2 -�----1 1& rD Soft edging Fe t+l.zetion MINIM 1 --- j :f Broadleaf Spray --- 1 ' -----�' { Slaw Walks tt arh Vi5r1i 2 ' 0- ---�- n Soil test 1 ' r- .— : —if ne•cessa y ORNAMENTAL BEDS Weed patrol 2 1 2 4 4 5 4 4 5 1 4 2 1 ,' 42 Pre Emer ent Apalicattnr. 1 -- -.1.1111 Fertilize Shrubs and 1 retie e 1 ... _ —• 0 ®II .INS.m�.__! Prune Snrahs h TfP■'S 0© ' pe proper •_math and d «nen; Soil test , _� --E- art,necessary o determine needs of plant material t 3 Leaf T 4 --- ---IN_� _ D ehrs)T.az.t i Removal 2 2 e 4 -O 2 ElIn] n[ in cr0E,of Gnr�Cful[`]Wk lilant Inspection In 1 -Q-- d-- 11111 5 I SP&Cl4L SERVICES Anni a1 f:OEr r is 0 No beds co site. ___.._ �._ - 3 prrspasa!upon request. Bnrkds.it Application -� -S 1 Proposal upon request Parking Lcl Cf 3nup 0 Proposal upon request 1111 _ L . • w 14 1 — —EXTRA SERVICES ToniAerat+4n _-' - I = 1 Propor pr on request .S9sce Seectrtg -- { Proposal upon request _ Deco root fertilization 1 - T _ �� � d�'Proposal upon request Plan!Replacements 1 Proposal upon request Moss cont-al in tsar( -: i �� t Il'rcposal a=, request L lrne turf —" !— --- _I ii i ProposaL upon request �°°r R NOTES n __z It f,�"h i:`` 5"CO F20 r3.2014:-Jy it I,yano Oper,Spa a Lr+Cs 2013 2014 1 18 2013 00 n 'a s 0 LANDSCAPE ANNUAL CALENDAR.r,2013 2014) P RTLAND HABILITATION CENTER INC. la- City of Tigard-Open Spaces 5312 Northeast 148th Avenue ' i y c 13125 SW Hall Blvd Ponta rid,Oregon 97230-3435 ii Tigard,OR 97223 _- _ 503.261.1266(Office) : {f at Contract Period of Performance: March 1,2013-February 2I1,2014 - . , rr Site Name and Address City of Tigard Library 13500 SW Hall Blvd.Tigard,OR 97223 ''- FREQUENCY SCHEDULE '. Total ro MONTH Jan Feb;Marl A>ar May Jun !ul AugESept(Oct I Nov Dee Visits Comments - P. CONTRACTED SERVICES 1 TURF Mowing 1 4 H gll �, ' i - rt HdrC ed•in. t 1 2 R Soft ec.- --�� ®� n M- -Q� 1 w Fertilization � r. Bioodleal S+av �-0M j s Blow IaEacr Visit) EI®E'■E1 4 ® 4 4 5 110111811111131111E1 i1; Sail test 1 _ 1 • necessarryy ORNAMENTAL BEDS `-i=--'° ate:.� _ We,-(.1 UBtrifl 2 2 4 4 4 4 i 4 5 4 2 Lim Pre-Lmer S•ru s and Trren �- -� ��= . t ertittae Shrugs grad Trer_s 1 M� Prone Shrubs&Trees ow ��gas nr:cofed per species tut plotter giovrtn and development Prune Sitawt,eiiy Groundcover 1 a 2 Kip= 21 Soil test —�— I --- -- 1 n r.-Geasery to determine nee_ds of plant material Leal Removal 4 f -M� 4 min 1r f ._ Cebrls 1 crash Removal 2 7 J 4 + 4 Q 0 4 '" i 4 insi 47 I DE n. in areas of scheduled work Flint Irscttcn 1 _ : 1 _MIMI 1 ! 1 IIIII 5l . SPECIAL SERVICES Annual Color Spots I 0 No ber un Sate- 1 r�opr�l upon request Bar dust pIr dt,on � � � — ` 1 Proposal upon request _ F ra kinq Lot Cleanup ® 0 + - • 0 p Proposal upon regaest - - -• I EXTRA SERVICES Turf Aeration 11111-111 1 liPr sat upon request Sine Seeding t 1 . �;Proposal upon rer1 Pe wt [Sec r>cool fertilization I 1 Proposal upon request Plant Repl acenients _ 1 I 1 Proposal upon recauest _ .� 0 t Prrt osal upon request Moss control in turf fi Ro T ime turf 1 z 1 -. re - - - - 1 rro Osai upon quest -" - 5 fff NOTES -- SV:01'2013";;.14°C.Fe a spill Opal Spar.PLA:C's 201340/4-1.1F-7013 w W ra tV Q Contract C,I3 CDC) ) 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 r ORTIAND HABILITATION CENTER NORTIIWEST, INC. Attn: Rob Block Attn: Eric Sitton Address: 13125 SW Hall Blvd. Address: 5312 Northeast 148th 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 @phcnw.com Water Facilities: CITY OF t IGARD PORTLAND HABILITATION CENTER NORTIIWEST, INC. Attn: Sam Morrison Attn: Eric Sitton Address: 13125 SW Hall Blvd. Address: 5312 Northeast 148th Avenue Tigard, Oregon 97223 Portland, OR 97230 Phone: (503) 718 -2600 Phone: (503) 261 -1266 Fax: (503) 684 -8840 Fax: (503)256 -8665 Email Address: Samm @tigard - or.gov Email Address: esitton @phcnw.com City Facilities: CITY of TIGARD PORTLAND HABILITATION CENTER NORTHWEST, INC. Attn: Greg Stout .ittn: Eric Sitton Address: 13125 SW Hall Blvd. Address: 5312 Northeast 148th 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 @phcnw.com 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 28't 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 MAJEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area -wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 10. NON - DISCRIMINATION 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 Services 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 l ' /1 %1�%f By: Authorizr City Representative ontractor Representative .hn Murphy, President /CEO =x(22 /20i2_ Au 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 minim 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. 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 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 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 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 IF NE [1 PliC Northwest Beyond Limitations" July 3, 2012 Michelle Wright City of Tigard 13125 SW Hall 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 fon 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 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 V T erese M. Grays. •n er Customer Relations Costing Analysis /Contracts Dept. TM6:keg PORTLAND: 5312 No theasi 148th Arenue• Portland, On on 97230 •'Ie1( 503) 261 -1266. Fax (503) 36-W Standard Purchase Agreement — General Services Page 11 Contract # 1 i r � . r •r , PHC Northwest Beyond Limitations' July 3, 2012 Michelle Wright City of Tigard 8777 W Burnham Tigard, OR 97223 RE: Landscape Proposal for City of Tigard's Open Spaces 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: $2,767.52/monthly; $33,210.24 /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 Day, 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. 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, ta�J .a4... herese M. Grays er Customer Relation Costing Analysis /Contracts Dept. TMG:keg PORTLAND; 3`',,12Nonite-atit148thAvet,ue• Portland, ()non •Tei(503) 2611266•Fax (503) 2568665 Standard Purchase Agreement — General Services Page 12 Contract # 1 1 : ' 1F . 111 PHC N orthwest Beyond Limitations" J uly 3, 2012 Michelle Wright City of Tigard 13125 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; $17,969.88jannually 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 Day, 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. 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, h erese M. Grayson, M. er Customer Relatio ' & Costing Analysis /Contracts Dept. TMG:keg PORTLAND: 5312Noithmst1418thAenue• Portland, Oregon 97230 •Tel(503) 261-1266o (503) 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 R&"SUMMARY FORM (F0RMMUSTACC0nrrANYE,4Cxr CONTRWTFORAUTHOMUTroN) Contract Title: Number' Contractor: P.oW=d H&WjjUtLgn Cw=No&wa= , 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 OF TIGARD PORrLANI.) HABILITATION CENTER NORTHWEST, INC. Attn: Greg Stout Attn:Eric Sitton Address: 13125 SW Hall Blvd. Address: 5312 Northeast 148t 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: csittonnphcnw.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 MAJEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay,notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 10. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425,and all regulations and administrative rules established pursuant to those laws. 11. INDEMNITY/HOLD HARMLESS Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands, judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 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. CI :0 TIGARD PORT D ABILITATION CENTER,INC.Ale 019' By:Authorized City Representative B': Authorized Contractor Representative 4/0( 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. 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 Revised—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—05/14/2007 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(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 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