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HomeMy WebLinkAbout2019-024 20190337 Pathway Enterprises Inc. GOODS & SERVICES AGREEMENT PROVIDER: Pathways Enterprises, Inc. I CITY OF PROVIDER'S Richard Simpson ASHLAND CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1600 Skypark Drive Suite 101 Telephone: 541/488-5587 Medford, OR 97504 Fax: 541/488-6006 PHONE: 541-973-2728 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Pathway Enterprises, Inc., a domestic business corporation ("hereinafter "Provider"), for painting Community Center. 1. PROVIDER'S OBLIGATIONS 1.1 Provide services to clean, prepare and paint the walls and ceilings in the City of Ashland Community Center as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: 1 • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page I of 5: Agreement between the City of Ashland and Pathway Enterprises, Inc. p ~ f -\i n l~l.~'., 4 „ ,{'.l • ~ r' _ 'fir ;:~i :r~J~'~.u j1i ' I'' 1 ' I "Flit C4 i.- 1 I 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I 10. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $5,735.47 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $5,735.47 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. Page 2 of 5: Agreement between the City of Ashland and Pathway Enterprises, Inc. - ~ ~ - ~ w . ~ ~ ~ . - ~ ~ ~ - , - ~ min. ~i ~ ~ ~ ~ ~ ~ . ~ F . 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each parry expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other parry, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Quote dated 12/14/18. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2019, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Pathway Enterprises, Inc. rte.. 'f i'., 1~ r r. r it I .~~r I r • .l fi w ~ 'I. r r.J 1' I r 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland - Facilities Maintenance Department Attn: David Arnold 90 North Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2292 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Pathway Enterprises, Inc. Attn: Richard Simpson 1600 Skypark Drive, Suite 101, Medford, OR 97504 541-973-2728 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the f6regoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: Page 4 of 5: Agreement between the City of Ashland and Pathway Enterprises, Inc. I :cl - r , t, •,..1'i~ is .t"; (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Pathway Ente , Inc,(PR DER): By: By: Signature Signature .F," L4- e-- 61Co^,VJ l,rxr Sar~~vn Printed Name Printed Name Title Title /e A~j 20/9 171271 Zoo Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. ll / 1 r Page 5 of 5: Agreement between the City of Ashland and Pathway Enterprises, Inc. S I ~ i - ~ 1 ' ~ fl. } ~ f. r CERTIFICATE OF LIABILITY INSURANCE DAT1227/D01YYY1T ACORO 12272018 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be andomed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement's). PRODUCER CONTACT Klmbedy Edwards NAME, FAX Ashland Insurance Inc PHON c , (541) 857-0579 Na : (541) 857-9883 801 O'Hare Parkway, Ste 101 AuuRE$$: kedwartls(dashlandinsurance.cem INSURER(S)AFFORDING COVERAGE NAIC/ Medford OR 97504 INSURERA: Berkshire Hathaway Specialty Ins. Co INSURED INSURERS: SAIFCorpcation Pathway Enterprises Inc INSURERC: Philadelphia Indemnity Ins Cc 1600 Skypark Drive, Suite #101 WSUHERE: Medford OR 97504 INSURERF: COVERAGES CERTIFICATE NUMBER: 1819 Master REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPEOFINSURANGE POUCYNUMBER (MMMONYYY) (MMMDArYYY) LIMITS COMMEACIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CWM$.MADE FX-10CCUR PREMISES o rmrce s 100,000 MED EXP(Any one ) s 5,000 A Professional Liability Y 47SPK25497302 071012018 0710112019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPUES PER: GENERALAGGREGATE $ 3,000,000 POLICY ❑ JECOT F-1 LOC PRODUCTS -COMP/OPAGG S 3,000,000 II OTHER: Come-Emp Dishonesty $ 125,000 AUTOMOBILE LIABILITY OMBINNEED SINGLE LIMIT $ 1,000,000 X ANYAUTO BODILY INJURY (Per person) $ A OWNED SCHEDULED 47RWS25497402 071012018 071012019 BODILY INJURY(Pmar dens S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ 1,000,000 AUTOS ONLY AUTOSONLV Per acddent Uninsured Motorist $ 1,000,000 UMBRELLALIAS OCCUR EACH OCCURRENCE $ 3,000,000 A X EXCESS LIAB CLAIM&MADE 47SUM25497502 07/012018 071012019 AGGREGATE $ 3,000,000 OED X RETENTION $ 10'000 $ WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILITY YIN STATUTE R B ANY PROPRIETORMARTNER/EXECUTWE ❑ NIA 524879 041012018 041012D19 E.L. EACH ACCIDENT $ 1.000.000 OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandrtmy In NH) EL DISEASE-EA EMPLOYEE S Ryes, describe under 1,OOD,000 OESCRIPTIONOFOPERATIONSbeiow E.L. DISEASE-POLICY LIMB $ Directors & Officers Liability Each Occurrence $ 1,000,000 C Employment Practices Uablity PHSD1261399 081302018 08/3012019 Each Ocwnence $ 1,000,000 Retention $ 2,500 DESCRIPnGNOFOPERATIONSILOC1mONS1VEHICLES(ACORD 101, Addibmal Remo Schedule, may W attached lfmmv apace is required) The City of Ashland, Oregon, its officers, agents and employees are included as Additional Insured for General Liability coverages with written Contract This form is subject to policy terms. Conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland Oregon, its officers, agents and employees ACCORDANCE WITH THE POLICY PROVISIONS. 90 N Mountain Ave AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD do 1. T thwiqV CCB License # 218417 F~ nte1-1)1, ses_ l nc Property Service License # 40205 12/14/2018 Quote for painting services Quote Number 1020 This offer is valid until 3/14/2019 Prepared By Richard Simpson; Pathway Enterprises, Inc. 1600 Sky Park Drive #101 Medford Oregon 97504 541-601-4550 Prepared For David Arnold; Facilities City of Ashland 90 N Mountain Ave. Ashland, Oregon 97520 Name and location of project Ashland Community Center 59 Winburn Way Ashland Oregon 97520 1600 Skypark Drive #101, Medford, OR 97504 Page 1 www.pathway-inc.org info@pathway-inc.org fCa~nwaY Quote for Painting Services# 1020 Enterprises. lna CCB License # 218417 Prepared By Prepared For Richard Simpson; Pathway David Arnold; Facilities Enterprises, Inc. City of Ashland 1600 Sky Park Drive #101 90 N Mountain Ave. Medford Oregon 97504 Ashland, Oregon 97520 Date 12/14/2018 Price Breakdown Quote # 1020 Supplies / Coatings 292.72 Equipment & Tools 86.21 Built 2000 Sub Contractors Labor Cost 4,181.74 Location of project Delivery & Transportation - Ashland Community Center Over Head 19% 850.15 59 Winburn Way Reserve margin 69 324. 65 Ashland Oregon 97520 Final Pricing $5,735.47 Discount % = $0.00 Final Pricing $5,735.47 1. Proposed Services Pathway Enterprises Inc. proposes to clean, prepare, and paint the walls and ceilings in the City of Ashland Community Center_ Subject areas are outlined on the attached customer provided drawing and include the Audience, stage, and dining areas. Pathway will clean walls to remove residue that may interfere with paint bonding and ensure the surface is left with a neutral pH. Non targeted areas connected to the target surface will be masked, covered, and or shielded to ensure coatings are applied only to target surfaces. Pathway personnel will ensure that safety precautions are taken to ensure the work site meets OSHA requirements for painters and others utilizing the facility. Pathway will utilize airless sprayers, brushes, rollers, and ladders in performing this work. Work will follow the following steps: 1. Walls will be washed with a mild alkaline and then neutralized. Ceilings will be cleaned as much possible without damaging the acoustical texture in place. 2. Painters will tape, cover, mask and shield non target surfaces surrounding the targeted areas. 3. One coat of primer and two coats of paint will be applied to all designated paint surfaces. 4. Acoustical texture will be sprayed to avoid damage. Pathway workers will remove all masking, tape, and cover from the area upon completion. 1 2. Excluded Services This agrea-ment does not include any work not explicitly described in the above proposed services. Natural wood trim on doors and windows will not be painted. 3. Customer preparation requirement Customer is expected to remove obstacles from areas subject to services at the time those services are scheduled. Customer will remove all wall mounted items including light fixtures, cover plates, shelf units, etc. Customer will supply all paint coatings to perform work in necessary quantities for uninterrupted work by the contractor. Reasonable costs incurred by the contractor due to insufficient customer preparation will be assessed and billed to the customer. 4. Drawings and specifications Attached Customer Drawing of designated areas. 5. Paint Colors, Coatings, and Expenses Base Color Customer provides paint Color 2 Color 3 Other Coatings - 6. Attachments 1. Customer facility map 2. Construction Lien Notice 7. Work completion range 12/18/2018 - 1-31-2019 2 8. Payment Requirements I Contract payment type Lump Sum Contract payment amount $5,735.47 *60% deposit Payment terms Net 30 Scheduled Payment Requirements Due Date / Completion % Payment Amount * Deposit must be received 2 days before work commences. Lack of payment will nullify agreement. 9. Conditions for schedule delays Services are dependent on favorable weather conditions. Work completed within the completion date range is not subject to damages for delay. Incomplete work due to unfavorable weather conditions is not subject to damages for delay. Damages are limited to the cost of the incomplete work. 10. Procedures for change orders If changes are required to the scope of work the customer must submit a written request for the change. The cost of this change will be proposed in a change order form and the work will move forward if all parties are in agreement to the change order. 11. Insurance and indemnity a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for Bodily Injury and Property Damage. c. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 3 12. General Conditions Pathway Enterprises Inc. warranties against defects in workmanship to the purchaser. If disputes arise during or after the contracted work is completed Pathway will work closely with the customer to find a resolution to the arising issues. If an agreement cannot be established then resolution will be sought through Alternative Dispute Resolution. This may include either negotiation, mediation, collaborative law, or arbitration as determined by Pathway Enterprises Inc. Customer have the following rights: a. to receive the products and services agreed to in this contract. b. the right to resolve disputes through means outlined in the contract. c. the right to file a complaint with the CCB. Any arbitration or mediation clauses in the contract may prevent the CCB from processing. Customer has the right to cancel this agreement by midnight of the next business day of signing the agreement. Cancelation requires written notice delivered to Pathway Enterprises Inc.'s office at 1600 Sky Park Drive Suite 101, Medford Oregon 97504. Verification of r Acceptance of Offer 12/14/2018 2ichard S' p n; Pathway David Arnold; Facilities Znterpri s, Inc. City of Ashland L600 Sky Park Drive #101 90 N Mountain Ave. Bedford Oregon 97504 Ashland, Oregon 97520 541-601-4550 4 I tt ~ , U no;.r~ >knovvm 104 Stage Audience o`,ce1~.+ Area Ff f t.:.y SFr R ~ tct er 1 Dining Area n 6 , f~ rx + xp~ h l 121 ei Janet CIO 1 Res oom 109 zs'r Office, 112 J«fi Re oom.- s' itch-en. 101 q_7 I J . Information Notice To Own er About ~ Construction Liens (ORS 87.093) This is not a lien. Your contractor is required by law to provide this notice to inform you about construction lien laws. This notice explains the construction lien law, and gives steps you can take to protect your property from a valid lien. As an owner, you should read this information notice carefully. This information notice is required to be given if you contract for residential construction or remodeling, if you are buying a new home, or at any time the contract price ex- ceeds $2,000. • Under Oregon law, your contractor and others who provide labor, materials, equipment, or services to your project may be able to claim payment from your property if they have not been paid. That claim is called a Construction Lien. • If your contractor does not pay subcontractors, employees, rental equipment dealers, materials suppliers, or does not make other legally required payments, those who are owed money may place a lien against your property for payment. It is in your best interest to verify that all bills related to your contract are paid, even if you have paid your contrac- tor in full. • If you occupy or will occupy your home, persons who supply materials, labor, equipment, or services ordered by your contractor are permitted by law to file a lien against your property only if they have sent you a timely Notice of Right to Lien (which is different from this Informa- tion Notice), before o or during construction. If you enter into a contract to buy a newt -u partially-built, or newly-remodeled home, a lien may be claimed even though you have not received a Notice of Right to a Lien. If you do not occupy the building, a Notice of Right to Lien is not required prior to filing a lien. This notice is not intended to be a complete analysis of the law. You should consult an attorney for more information. Common Questions and Answers About Construction Liens Can someone record a construction lien even if I pay my contractor? Yes. Anyone who has not been paid for labor, material, equipment, or services on your project and has provided you with a valid Notice of Right to Lien has the right to record a construction lien. What is a Notice of Right to Lien? A Notice of a Right to Lien is sent to you by persons who have provided labor, materials, or equipment to your construction project. It protects their construction lien rights against your property. What should I do when I receive a Notice of Right to Lien? Don't ignore it. Find out what arrange- ments your contractor has made to pay the sender of the Notice of Right to Lien. When do construction liens need to be recorded? In Oregon, construction liens generally need to be recorded within 75 days from the date the project was substantially completed, or 75 days from the date that the lien claimant stopped providing labor, material, equipment, or services, whichever hap- pened first. To enforce a lien, the lien holder must file a lawsuit in a proper court within 120 days of the date the lien was filed. Note to Contractor: This notice must be delivered personally, or mailed by registered mail, certified mail, or by first-class mail with a certificate of mailing. Ask the signing parties to provide you with an original or copy to retain in your files. You should retain proof of delivery of this notice for at least two years. Property Service License # 40205 CCB License # 218417 www.pathway-inc.org info@pathway-inc.org Quote Number 1600 Sk 1020 Page 1 CL ypark Drive #101, Medford, OR 97504 Steps That Consumers Can Take to Protect Themselves • Contact the Construction Contractors Board (CCB) and confirm that your contractor is licensed. The law requires all construction contractors to be licensed with the CCB. Check a contractor's license online at the CCB consumer website: www oregon gov/ccb, or you can call 503-378-4621. • Review the Consumer Protection Notice (ORS 701.330(1)), which your contractor must provide to you at the time of contract on a residential structure. • Consider using the services of an escrow agent to protect your interests. Consult your attorney to find out whether your escrow agent will protect you against liens when making payments. • Contact a title company about obtaining a title policy that will protect you from construction lien claims. • Find out what precautions, if any, will be taken by your contractor, lending institution, and architect to protect your project from construction liens. • Ask the contractor to get lien waivers or lien releases from every subcontractor, materials pro- vider, equipment provider, and anyone else the contractor is responsible for paying. Do this before you give your contractor a progress payment. • Have a written contract with your contractor. A written contract is required for projects greater than $2,000. An original contractor that fails to provide a written contract as required by law, may not place a construction lien against the owner's property. • If you receive a Notice of Right to Lien, ask for a statement of the reasonable value of the materials, labor, equipment, or services provided to your project from everyone who sends you a Notice of Right to Lien. If the information is not provided in a timely manner, the sender of the Notice of Right to Lien may still be able to file a construction lien, but will not be entitled to attorney fees. • When you pay your contractor, write checks made jointly payable to the contractor, subcontractors, materials, equipment, or services providers. The checks name both the contractor and the subcontractor, materials or equipment provider. The checks can only be cashed if both the contractor and the subcontractor, materials or equipment provider endorses it. Be aware that many banks will not accept checks made payable to multiple parties unless each party appears at the bank with government-issued identification at the time of deposit. Your contractor may wish to check with its bank and advise whether this is an option. • Should you have a dispute with your contractor, you may be able to file a complaint with the CCB and be reimbursed in whole or in part from the contractor's bond. For more details about help available through the agency, write to the CCB at PO Box 14140, Salem, OR 97309-5052 or call 503-378-4621. • Consult an attorney. If you do not have an attorney, consider contacting the Oregon State Bar Referral Service at 503-684-3763 or 1-800-452-7636. Signing this Information Notice verifies only that you have received it. Your signature does not give your contractor or those who provide material, labor, equipment, or services, any additional rights to place a lien on your property. Job Site Address: Ashland Community Center CONTRACTOR: CCB#: 218417 PROPERTY OWNER: David Arnold; Facilities Richard Simpson; Pathway Enterprises, Inc. David Arnold; Facilities Print Name (as it appears on contract) _ Print Name (as it appears on contract) 12/14/2018 Signature Date Signature Date fiinfonnation_notice_liens.adopted 9-16 Property Service License # 40205 CCB License # 218417 www.pathway-inc.org info@pathway-inc.org Quote Number 1600 Skypark Drive #101, Medford, OR 97504 1020 Page 2 CL CIE Y RECORDER Purchase Order Fiscal Year 2019 Page: 1 of. 1 pWMIpIVIRMW ~c-P- NMEc 1. _ -7=11PIN=-TfI1Ati B City of Ashland = _-ATTN: Accounts Payable Orders 20190337 L 20 E. Main Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Facilities Maintenance Div N PATHWAY ENTERPRISES INC 1 90 North Mountain Ave D 1600 SKY PARK DR STE 101 p Ashland, OR 97520 O MEDFORD, OR 97504 T Phone: 541/488-5358 R O Fax: 541 488-1536 Wes Hoadle ~W-c IMMUNE 01/1412019 509 FOB ASHLAND OR Ci Accounts Payable . tic Paint Ashland Community Center 1 Provide services to clean prepare and paint walls and ceilings in 1 $5,735.4700 $5,735.47 the Ashland Community tenter per attached quote for painting services. Goods & Services Agreement Completion date: 06/30/2019 Project Account: E-000317-999 GL SUMMARY 082400 - 602400 $5 735.47 By: Date: 1.40 - Ay~tttiorized Signature $5J35.47 FORM #3 5 l 1 CITY OF ASHLAND /'w cpest f or ar-U-Tchnss 01n% t~ REQUISITION ;ate?e/uest: vto/19 Required date for delivery: Vendor Name Pathways Enterprises Inc Address, City, State, Zip 1600 Skvpark Drive Suite 101, Medford OR 97504 Contact Name & Telephone Number Richard Simpson 541-973-27 Email address 28 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: 0 State of Orego 1-1 Direct Award -(Attach copy of council communication) Contract # F F- ❑ VerballWritten quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # Attach co of council communication ❑ Other government agency contract Intermediate Procurement - ❑ Sole Source _ Agency GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # Greater than $5.000 and less than $100.000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services >$5K & <$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000. Greater than $5,000 and less than $75,000 ❑ Form #9, Request for Approval Agreement approved by Legal and approved/signed by ® Direct appointment not to exceed $35,000 ❑ Written quote or proposal attached City Administrator. AMC 2.50.070(4) ❑ (3) Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds $25,000, Council ❑ Form #4, Personal Services >$5K & <$75K Valid until: Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost Provice services to clean, prepare and paint the walls and ceilings in the City of Ashland Community Center $ 5,735.47 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST _ $ Project Number 000317.999 Account Number 082400-602400 Account Number Account Number "Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector - Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: ~ 4:~G~r 1JFbf* APP (Equalto orgrealerthan $5,000) Department Manager/Supervisor: C~ City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. ES NO nance trec r-(Equal to orgreater than $5,000) Date Comments: Form #3 - Requisition