26-024 City Facilities Landscape RFP FINAL.pdf

26-024 – Landscape Maintenance: City Facilities RFP Page 1 of 21

City of Seaside

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENANCE:

CITY FACILITIES

PROJECT 2026-024

Submitted: April 27, 2026

Proposals Due: Monday, May 18, 2026 @ 3:00PM

Proposals must be submitted electronically through OregonBuys.

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LANDSCAPE MAINTENANCE: CITY FACILITIES

PROJECT NO. 2026-024

Schedule for the Proposal Submittals:

1) Solicitation Start – Solicitation starts on OregonBuys by April 27, 2026, by

6:00PM.

2) Questions/Protests Due – All questions and protests must be submitted online at OregonBuys by May 8, 2026, by 4:00PM.

3) Responses Due – Responses to questions and protests will be posted online at OregonBuys by May 13, 2026, by 4:00PM.

4) Proposal Submittal – All proposals must be submitted electronically through OregonBuys no later than 3:00 PM on May 18, 2026. Late proposals will not be accepted.

5) Intent to Award – City will post Intent to Award by May 21, 2026, by 4:00PM.

OregonBuys Requirement All questions, requests for clarification, protests, and proposal submissions must be submitted through the OregonBuys system.

The City will not respond to or consider communications submitted outside of OregonBuys unless expressly authorized by written addendum.

Proposers are responsible for monitoring OregonBuys for addenda, responses to questions, and other updates related to this solicitation.

PROJECT DESCRIPTION

Provide landscape maintenance for the City of Seaside facilities including the Library, City Hall, the Convention Center, the Police Station, the Chamber of Commerce, City Parking Lots, certain planters and intersections, and a portion of Quatat Park. Services include pruning, planting, fertilizing, litter removal within the gardens and miscellaneous related tasks.

This Request for Proposal (RFP) and all addenda are available through OregonBuys.

Questions must be submitted through OregonBuys.

Each proposal must contain a statement as to whether the proposer is a resident bidder, as defined in ORS 279.029.

The City may reject any proposal not in compliance with prescribed public bidding procedures and requirements and may reject for good cause any or all proposals upon a finding of the agency if it is in the public interest to do so. The City reserves the right to reject any or all proposals in accordance with Section 20.

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SECTION 20: Request For Proposals Procedure (Competitive Sealed Proposal – ORS 279B.060)

20.1 PROCUREMENT METHOD

This procurement is conducted as a Competitive Sealed Proposal pursuant to

ORS 279B.060.

The City of Seaside (City) will award a contract to the Contractor whose Proposal is determined to be most advantageous to the City, taking into consideration the evaluation criteria set forth in this Request for Proposals (RFP).

The City is not required to award the contract to the Contractor offering the lowest price.

20.2 PROPOSAL SUBMISSION

Proposals must be submitted electronically through OregonBuys (website oregonbuys.gov) no later than 3:00 PM on May 18, 2026. The City will not accept proposals submitted by email, mail, or any other method.

Late proposals will not be accepted.

Proposals shall remain valid and binding for a period of sixty (60) days following the closing date.

20.3 EVALUATION PROCESS

Proposals will be evaluated by an Evaluation Committee designated by the City.

The evaluation process will include:

1. Review for responsiveness.

2. Scoring based on the evaluation criteria.

3. Establish a competitive range, if applicable.

4. Discussions or interviews, if deemed necessary by the City.

5. Final ranking and recommendation.

The City reserves the right to conduct discussions with one or more Contractors, request clarifications, request revised proposals, and negotiate final contract terms.

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20.4 EVALUATION CRITERIA

Proposals will be evaluated based on the following criteria:

Experience and Qualifications – 25% Technical Approach and Maintenance Plan – 20% References – 10% Project Management and Staffing – 10% Price Proposal – 35%

Total: 100%

The City may adjust scoring based on the comparative strength of proposals.

20.5 COMPETITIVE RANGE

After initial scoring, the City may establish a competitive range consisting of the highest-ranked Contractors.

Only Contractors within the competitive range may be invited to participate in discussions, interviews, or submit revised proposals.

The City may award a contract without conducting discussions if it determines that it is in the City’s best interest to do so.

20.6 NOTICE OF INTENT TO AWARD

The City will issue a written Notice of Intent to Award to the highest-ranked Contractor. The Notice of Intent to Award will be posted on OregonBuys.

20.7 PROTEST OF SOLICITATION

Any Contractor may protest the solicitation of this RFP.

A solicitation protest must be submitted in writing through the OregonBuys portal and received no later than five (5) business days prior to the Proposal due date.

The protest must identify the specific provision being protested and include a detailed statement of the legal and factual grounds for the protest.

Protests must be submitted in writing through the OregonBuys portal. A protest is considered received when the OregonBuys system confirms receipt of the protest. Protests submitted after the stated deadline will not be considered.

The City will issue a written response to any properly submitted protest.

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20.8 PROTEST OF INTENT TO AWARD

A Contractor may protest the City’s Notice of Intent to Award.

The protest must be in writing and received within seven (7) calendar days after issuance of the Notice of Intent to Award. The protest must specify the grounds upon which the protest is based.

Protests must be submitted in writing through the OregonBuys portal.

OregonBuys will confirm the receipt of a protest received within the 7-day deadline. Protests submitted after the stated deadline will not be considered.

The City will not consider protests that do not comply with these requirements.

20.9 REJECTION OF PROPOSALS

The City reserves the right to reject any or all Proposals, cancel this RFP, waive informalities or minor irregularities, or reissue the RFP if deemed in the public interest.

20.10 PUBLIC RECORDS

All Proposals are subject to disclosure under Oregon Public Records Law (ORS

192.311 to 192.478).

Any Contractor claiming exemption from disclosure must clearly identify the specific information claimed to be exempt and the statutory basis for the exemption. The City will make an independent determination regarding disclosure.

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SECTION 30: Scope of Work

**LANDSCAPE MAINTENANCE**

CITY OF SEASIDE FACILITIES

30.1.0 GENERAL

The following is a detailed description of work involved in the maintenance of the greenery on city-owned lots and planters. All of the work is to be completed in a substantial and workmanlike manner according to standard practices. Regular maintenance does not include major vandalism or storm damage. Any alteration or deviation from specifications involving extra cost of material or labor will only be executed upon written orders and will become an extra charge over the sum proposal.

All such agreements shall be made in writing.

The bulk of this contract/agreement pertains to the general maintenance of specific landscape areas as prescribed by the City of Seaside. Many of the lawn and planter areas contain established evergreen and conifer trees and shrubs many of which may be considered specimen quality; other than the normal seasonal work associated with these areas i.e. cultivation, mowing, fertilization, insect control, weeding, planting and transplanting of annuals and perennials, seasonal pruning of established plant materials should be done in order to prevent these materials from becoming overgrown and an obstruction to business fronts.

This maintenance contract/agreement will require the planting, transplanting or replacement of some ornamental plant materials other than annuals or perennials due to general landscape design or loss due to weather etc. It is recommended that the contractor make allowances for this inevitability, as it will fall within their area of responsibility.

Large established and mature trees and shrubs will not be removed by the contractor unless there are cases or events that may require re-landscaping or removal due to logistics, stress, overcrowding, obstruction etc. A request by the contractor for removal or replacement of any such specimens should be made to the city in writing. The city encourages the holder of this contract to make suggestions or present ideas or concerns regarding the beautification or enhancement of these properties that would improve the overall esthetics of the landscaped areas.

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30.2.00 DEFINITIONS

30.2.01 LAWN MAINTENANCE

Lawn maintenance shall consist of regular mowing and edging, annual insecticide application, regular fertilizer application, annual lime application, annual iron application, regular application of herbicide, and annual aeration and thatching of lawns.

30.2.02 TREE AND SHRUB MAINTENANCE

Tree and shrub maintenance shall include regular fertilization, annual pruning of trees, and regular pruning to maintain shape, and pruning of shrubs to maintain shape, height, and performance.

30.2.03 LANDSCAPED BED MAINTENANCE

Landscaped bed maintenance shall consist of regular fertilization, cost of plant materials for seasonal gardens including perennials and replacement of existing plant materials, annual addition of soil amendments, annual addition of bark dust, rock, or other existing landscape materials where needed, and regular maintenance of plantings (grooming and weeding).

30.3.00 LANDSCAPE MAINTENANCE LOCATIONS

30.3.01 City Hall

Maintain all trees, the 3 planting areas, all landscape material, and all lawn areas.

30.3.02 City Library

Maintain all yard areas, all landscape areas, all plantings, and all trees.

30.3.03 Police Station

Maintain all landscape areas on East, South and West Sides of the Station including care and maintenance of all trees.

30.3.04 Intersection of South Holladay and Roosevelt (101)

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Landscape yard area around “Welcome to Seaside” sign and triangle shaped yard area across Holladay on West side of Holladay and 101.

30.3.05 Convention Center and Surrounding Areas

A. Maintain all landscape, trees, and lawn areas around the Convention Center. This area is from the west edge of the Necanicum River to the east curb line of N. Edgewood; from the south curb line of 1st Ave. to the north curb line of Oceanway.

B. Maintain the planted trees and shrubs between Broadway and Oceanway, and along the west side of Quatat Park.

C. Maintain the landscaped areas and trees from 1st Ave. to 3rd Ave. on the north side of Necanicum Drive. This will include cutting the blackberries and other brush from the top of the riverbank to the water level.

30.3.06 1st Ave - Columbia to Edgewood

Maintain the 13 trees in grates, including grate cleaning and weeding under the grates.

30.3.07 Columbia – Oceanway to 1st Ave.

Maintain the 8 trees in grates, including grate cleaning and weeding under the grates.

30.3.08 Oceanway - Columbia to Edgewood

Maintain the 11 trees in grates, including grate cleaning and weeding under the grates.

30.3.09 Edgewood - Oceanway to 1st Ave.

Maintain the 2 trees in grates, including grate cleaning and weeding under the grates.

30.3.10 Chamber of Commerce/Roosevelt Drive Lawn Area

Maintain the trees, landscaping, and lawn.

30.3.11 Church Building

Maintain shrubs, landscaping, and lawn.

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30.3.12 North Holladay Dr. 1st Ave to 12th Ave

Maintain Landscape Planter Beds, including fertilizing, weeding, pruning, and watering.

30.3.13 North “Y” Landscape Planter

Maintain Landscape Planter Island, including fertilizing, weeding, pruning.

30.3.14 Butterfield Cottage and Seaside Museum

Maintain lawn with mowing and fertilizer and landscaping.

30.4.00 WORK EXPERIENCE

A resume outlining experience in landscape maintenance and planting, and related work experience, plus at least two letters of reference must accompany the proposal. A minimum of 3 years of experience with municipal, public facility, commercial, institutional, or comparable landscape maintenance must be documented. Additional pertinent information is welcome.

30.5.00 DEBRIS

The City shall provide an area at the Public Works Building for the disposal of the debris generated from the work under this contract. It will be the responsibility of the Contractor to bring all of the material to the City Shops. Once the material has been deposited, the City will cover all costs associated with the final disposal of the said materials.

30.6.00 EQUIPMENT

The City may provide limited equipment on an “as needed” basis this will depend on the work schedule of the Public Works Department.

30.7.00 STORAGE

The City will provide an area at the Public Works Building or the Wastewater Treatment Plant for the storage of materials, (i.e., plants, bark dust, and equipment etc.) Prior to placing any material for storage, the Contractor shall receive approval from the Public Works Director. The City shall not be responsible for any losses of material due to theft.

If the City needs the space for its own use, the City shall give the Contractor 30 days written notice to remove said materials. If after 30 days the material is not removed, it will become City property and may be disposed of as needed.

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30.8.00 PERFORMANCE STANDARDS

The Contractor shall perform all services in a professional and workmanlike manner consistent with accepted horticultural and landscape maintenance industry standards.

The following minimum performance standards apply to all landscaped areas described in this Scope of Work:

30.8.01 General Appearance

All planting beds, trees, shrubs, and landscaped areas shall be maintained in a neat, orderly, and well-groomed condition at all times.

30.8.02 Weeds

Planting beds shall be maintained substantially free of visible weeds. No area shall contain excessive weed growth exceeding two (2) inches in height. Weeds shall be removed prior to seed formation.

30.8.03 Pruning and Grooming

Shrubs and plantings shall be pruned to maintain intended form, promote plant health, and prevent obstruction of sidewalks, signage, storefront visibility, pedestrian access, or vehicular sightlines.

30.8.04 Dead or Damaged Plant Material

Dead, dying, diseased, or vandalized plant material shall be removed promptly upon identification and replaced as required under this contract.

30.8.05 Hardscape Interface

Adjacent sidewalks and paved surfaces shall be kept free of debris, soil accumulation, and organic material resulting from maintenance operations.

30.8.06 Irrigation

Watering shall be performed as necessary to maintain healthy plant growth for all areas.

30.8.07 Seasonal Plantings

Seasonal plant rotations shall provide continuous color and visual interest consistent with the City’s beautification goals.

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30.9.00 MEASURABLE QUALITY STANDARDS

The following measurable standards shall apply:

30.9.01 Response Time for Maintenance Deficiencies

Upon written notice from the City identifying a maintenance deficiency, Contractor shall correct the deficiency within three (3) business days unless weather or site conditions reasonably prevent immediate correction.

30.9.02 Replacement of Plant Material

Plant material that fails due to improper maintenance shall be replaced within thirty (30) days during the appropriate planting season.

30.9.03 Debris Removal

All debris generated during maintenance shall be removed from site the same day services are performed.

30.9.04 Overgrowth Control

Plant material shall not encroach more than twelve (12) inches into pedestrian pathways or obstruct required sightlines.

30.10.00 PERFORMANCE REVIEW

The City reserves the right to conduct periodic inspections of landscaped areas. If the City determines that work does not meet the standards set forth in this contract, the City may:

• Issue written notice of deficiency

• Require corrective action within a specified time

• Withhold payment for non-conforming services

• Terminate the contract for failure to meet performance standards

The City’s determination of compliance shall be reasonable and based on the standards outlined herein.

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SECTION 40: Required Proposal Contents

40.1.01 Contents

Proposals shall include the following:

1. Completed Proposal Form (signed by authorized representative)

2. Pricing Schedule

3. Description of experience and qualifications

4. Maintenance approach and methodology

5. References

6. Resident bidder status declaration

Failure to include required information may result in the proposal being deemed non-responsive.

40.1.02 Pricing Schedule

The Contractor shall complete and submit the Proposal Form – Itemized Annual Pricing Schedule provided with this document on OregonBuys.

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SECTION 50: Form of Agreement

The successful Contractor will be required to execute the City of Seaside’s standard Personal Services Agreement, attached to this RFP as Exhibit A.

The Scope of Work described in Section 30 of this RFP shall be incorporated into the final Agreement as Exhibit A. The Pricing Schedule submitted by the successful Contractor shall be incorporated into the final Agreement as Exhibit B.

By submitting a proposal, the Contractor acknowledges review of the attached Personal Services Agreement and agrees to execute the Agreement if selected for award, subject only to minor modifications approved by the City.

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Exhibit A – Service Agreement (Form of Contract)

AN AGREEMENT dated and effective this ____ day of ________, 2026 by and between CITY

OF SEASIDE ("City") an Oregon municipal corporation and __________________________

(“Contractor").

WHEREAS, City and Contractor believe it in their respective and mutual interests to enter into a written Agreement setting out their understandings concerning Contractor’s provision of services related to Project 26-024 – Landscape Maintenance: City Facilities

(“Project”).

1. Term

This Agreement shall run from June 1, 2026, through and including December 31, 2030, unless sooner terminated under the provisions of this Agreement. This Agreement may be extended in writing for additional periods as agreed to by the parties.

2. Contractor's Service

The scope of Contractor's services and time of performance under this Agreement are set forth in Exhibit “A” (Scope of Work). All provisions and covenants contained in said exhibit are hereby incorporated by reference and shall become a part of this Agreement as if fully set forth. Any conflict between this Agreement and Contractor's proposal (if any) shall be resolved first in favor of this written contract. Contractor will, in the rendering of its services to City, use its best efforts and due diligence and provide such personnel as are necessary to successfully provide the services covered under this

Agreement (including Exhibit "A").

3. Contractor Identification

Contractor shall furnish to City Contractor's employer identification number, as designated by the Internal Revenue Service or, if the Internal Revenue Service has designated no employer identification number, Contractor's Social Security number.

4. Compensation

City agrees to pay Contractor in accordance with Exhibit “B” (Compensation and

Pricing Schedule), attached hereto and incorporated by reference.

5. Project Managers

City's Project Manager is Paul Stull, Public Works Director. Contractor's Project

Manager is ____________________. Each party shall give the other written notification of any change in their respective Project Manager.

6. Project Information

Contractor agrees to share all project information, to fully cooperate with all corporations, firms, contractors, governmental entities and persons involved in or associated with Project. No information, news or press releases related to Project shall be made to representatives of newspapers, magazines, television and radio stations, or any other news medium without the prior authorization of City’s Project Manager.

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7. Duty to Inform

Contractor shall give prompt written notice to City’s Project Manager if, at any time during the performance of this contract, Contractor becomes aware of actual or potential problems, faults or defects in the project, any nonconformity with the contract, or with any federal, state, or local law, rule or regulation, or has any objection to any decision or order made by City. Any delay or failure on the part of City to provide a written response to Contractor shall constitute neither agreement with nor acquiescence in

Contractor's statement or claim and shall not constitute a waiver of any of City’s rights.

8. Contractor is Independent Contractor

Contractor is an independent contractor for all purposes and shall be entitled to no compensation other than the compensation expressly provided by this contract.

Contractor hereby expressly acknowledges and agrees that as an independent contractor, Contractor is not entitled to indemnification by City or the provision of a defense by the City under the terms of ORS 30.285 or otherwise. This acknowledgment by Contractor shall not affect his/her independent ability (or the ability of his/her insurer) to assert the monetary limitations found at ORS 30.270, the immunities listed at ORS 30.265 or other limitations affecting the assertion of any claim under the terms of the Oregon Tort Claims Act (ORS 30.260 to ORS30.300).

9. Overtime

Any person employed on work under this contract, other than a person subject to being excluded from the payment of overtime pursuant to either ORS 653.010 to 653.261 or 29

USC §201 to 209, shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week.

10. Indemnity and Insurance

i. Indemnity: Contractor acknowledges responsibility for any and all liability arising out of the performance of this Agreement and shall hold City harmless from and indemnify and defend City for any and all liability, settlements, loss, costs, and expenses in connection with any action, suit, or claim resulting or allegedly resulting from Contractor's acts, omissions, activities or services in the course of performing this contract.

ii. Liability Insurance: Contractor shall maintain occurrence from commercial general liability and automobile liability insurance for the protection of Contractor, City, its

Councilors, officers, agents and employees. Coverage shall include personal injury, bodily injury (including death) and broad form property damage, including loss of use of property, occurring in the course of or in any way related to Contractor's operations, in an amount not less than Two Million Dollars ($2,000,000,00) combined single limit per occurrence. Such insurance shall name City as an additional insured.

iii. Workers' Compensation Coverage: Contractor certifies that Contractor has qualified for State of Oregon Workers' Compensation coverage for all Contractor's employees who are subject to Oregon's Workers' Compensation statute, either as a carrier-insured employer as provided by ORS 656.407, or as a self-insured employer.

Contractor shall provide to City within ten (10) days after Agreement award a certificate of insurance evidencing overage of all subject workers under Oregon's

Workers' Compensation statutes insured by an insurance company satisfactory to

City, if any. The certificate and policy shall indicate that the policy shall not be

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iv. Certificates: Contractor shall furnish City certificates of insurance (COIs) evidencing the date, amount, and types of insurance required by this contract prior to commencing with the Contract and at any time during the Contractor. All policies will provide for not less than thirty (30) days' written notice to City before they may be canceled.

v. Primary Coverage: The coverage provided by insurance required under this

Agreement shall be primary, and any other insurance carried by City shall be excess.

11. Work is Property of City

All work, including but not limited to documents, drawings, papers, computer programs and photographs performed or produced by Contractor under this Agreement shall be the property of City.

12. Law of Oregon

The Agreement shall be governed by the laws of the State of Oregon. Venue shall be in

Clatsop County, Oregon.

13. Errors

Contractor shall perform such additional work as may be necessary to correct errors in the work required under this without undue delays and without additional cost.

14. Extra or Changes in Work

Only the Project Manager may authorize extra (and/or change) work. Failure of

Contractor to secure authorization for extra work shall constitute a waiver of all right to adjustment in the Agreement price or Agreement time due to such unauthorized extra work and Contractor thereafter shall be entitled to no compensation whatsoever for the performance of such work.

15. Successors and Assignments

i. Both City and Contractor bind themselves and any partner, successor, executor, administrator, or assign to this contract.

ii. Neither City nor Contractor shall assign or transfer their interest or obligation hereunder in this Agreement without the written consent of the others. Contractor must seek and obtain City’s written consent before subcontracting any part of the work required of Contractor under this contract. Any assignment, transfer, or subcontract attempted in violation of this subparagraph shall be void.

16. Records

i. Contractor shall retain all books, documents, papers, and records that are directly pertinent to this Agreement for at least three years after City makes final payment on this Agreement and all other pending matters are closed.

ii. Contractor shall allow City (or any of its authorized representatives) to audit, examine, copy, take excerpts from or transcribe any books, documents, papers, or records that are subject to the foregoing retention requirement.

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17. Breach of Contract

i. Contractor shall remedy any breach of this Agreement within the shortest reasonable time (not more than thirty (30) days) after Contractor has actual notice of the breach, City notifies Contractor of the breach or thirty days whichever is earlier. If Contractor fails to timely remedy a breach consistent with this paragraph, City may terminate that part of the Agreement affected by the breach upon written notice to Contractor, may obtain substitute services in a reasonable manner and may recover from Contractor the amount by which the price for those substitute services exceeds the price for the same services under this contract.

ii. If the breach is material and Contractor fails to remedy the breach in accordance with this paragraph, City may declare Contractor in default and pursue any remedy available for a default.

iii. Pending a decision to terminate all or part of this contract, City unilaterally may order Contractor to suspend all or part of the services under this contract. If City terminates all or part of the Agreement pursuant to this paragraph, Contractor shall be entitled to compensation only for services rendered prior to the date of termination, but not for any services rendered after City ordered suspension of those services. If City suspends certain services under this Agreement and later orders

Contractor to resume those services, Contractor shall be entitled to reasonable damages actually incurred, if any, as a result of the suspension.

iv. To recover amounts due under this paragraph, City may withhold from any amounts owed by City to Contractor, including but not limited to, amounts owed under this or any other Agreement between Contractor and City.

18. Mediation/ Trial without a jury

Should any dispute arise between the parties to this Agreement concerning their respective obligations of either or the terms hereof, it is agreed that such dispute will be submitted to a mediator prior to any litigation and the parties hereby expressly agree that no claim or dispute arising under the terms of this Agreement shall be resolved other than first through mediation and only in the event said mediation efforts fail, through litigation. The parties shall exercise good faith efforts to select a mediator who shall be compensated equally by both parties. Mediation will be conducted in Seaside, Oregon, unless both parties agree in writing otherwise. Both parties agree to exercise good faith efforts to resolve disputes covered by this section through this mediation process. If one party requests mediation and the other party fails to respond within ten (10) days or if the parties fail to agree on a mediator within ten (10) days, a mediator shall be appointed by the presiding judge of the Clatsop County Circuit Court upon the request of either party. Any litigation arising under or as a result of this

Agreement shall be tried to the court without a jury. City and Contractor agree to be responsible for payment of their respective professional and expert fees, including attorneys’ fees in both mediation and litigation.

19. Termination for Convenience

City may terminate all or part of this Agreement at any time for its own convenience by written notice to Contractor. Upon termination under this paragraph, Contractor shall be entitled to compensation for all services rendered prior to actual notice of the termination or the receipt of the City written notice of termination, whichever is earlier, plus Contractor's reasonable costs actually incurred in closing out the Agreement.

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20. Intellectual Property

The interest in any intellectual property, including but not limited to copyrights and patents of any type, arising from the performance of this Agreement shall vest in the

City. Contractor shall execute any assignment or other documents necessary to affect this paragraph. Contractor may retain a nonexclusive right to use any intellectual property that is subject to this paragraph. Contractor shall transfer to the City any data or other tangible property generated by Contractor under this Agreement and necessary for the beneficial use of intellectual property covered by this paragraph.

21. Payment of Claims by the City

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 in connection with this Agreement as the claim becomes due, City may pay the claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to Contractor pursuant to this contract. The City’s payment of a claim under this Paragraph shall not relieve Contractor or Contractor's surety, if any, from responsibility for those claims.

22. Hours of Labor

Contractor shall pay employees for overtime work performed under the terms of this

Agreement in accordance with ORS 653.010 to ORS 653.261 and the Fair labor standards Act of 1938. (29 USC §§ 201 et. seq.)

23. Workers’ Compensation

Contractor is a subject employer that will comply with ORS 656.017. Contractor warrants that all persons engaged in contract work and subject to the Oregon Workers’

Compensation law are covered by a workers’ compensation plan or insurance policy that fully complies with Oregon law. Contractor shall indemnify City for any liability incurred by City as a result of Contractor's breach of the warranty under this

Paragraph.

24. Modification

Any modification of the provisions of this Agreement shall be reduced to writing and signed by authorized agents of City and Contractor.

25. No Waiver of Legal Rights

A waiver by a party of any breach by the other shall not be deemed to be a waiver of any subsequent breach.

26. No Third-Party Beneficiary.

By execution of this Agreement, the parties do not intend there be any third-party beneficiary of the rights or obligations created herein.

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Integration

This Agreement contains the entire agreement between the parties and supersedes all prior written or oral discussions or agreements regarding the same subject.

City of Seaside Signature:

City of Seaside Name (printed):

City of Seaside Title (printed):

Date of Signature:

Name of Contractor Company (printed):

Contractor Signature (authorized person):

Contractor Name (authorized person printed):

Date of Signature:

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Exhibit A – Scope of Work

The Scope of Work shall consist of the work described in Section 30 of the Landscape Maintenance: City Facilities RFP dated April 27, 2026, which is incorporated herein by reference.

The final executed Agreement shall include the complete Scope of Work as issued in the RFP, together with any clarifications accepted by the City.

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Exhibit B – Compensation and Pricing Schedule

Compensation and Pricing Schedule

Compensation under this Agreement shall be based on the annual pricing submitted by the Contractor the Proposal Form – Itemized Annual Pricing Schedule in accordance with the Landscape Maintenance: City Facilities RFP.

The final executed Agreement shall include the Contractor’s completed itemized annual pricing schedule and total contract price.

Annual compensation shall be paid in equal monthly installments. For 2026, monthly payment shall be calculated by dividing the 2026 annual price by seven (7) for the seven remaining months of 2026. For each full calendar year thereafter, monthly payment shall be calculated by dividing the applicable annual price by twelve (12).

If the City permanently removes a landscaped area from the Scope of Work, the annual contract price shall be reduced by the corresponding annual amount identified in the Contractor’s pricing schedule, prorated as of the effective date of removal.

The total compensation payable under this Agreement shall not exceed the Total Contract Price identified in the Contractor’s submitted Proposal Form – Itemized Annual Pricing Schedule, unless modified by written amendment.

Any change orders must be submitted by the Contractor to City in writing for approval.

The City will review the change order and may approve none, part, or all of the change order. The City will provide a written response to the change order and how payment for the change order will be made in the monthly payments.