HomeMy WebLinkAbout2022-086 PO 20230119- Pathway Enterprises Inc Purchase Order
ral RECORDER
: ' : :__
B City of Ashland
ATTN: Accounts Payable Purchase 20230119
L 20 E. Main
Ashland, OR 97520 Order#
T Phone: 541/552-2010
0 Email: payable@ashland.or.us
V PATHWAY ENTERPRISES INC H C/O Facilities Maintenance Div
N 1600 SKY PARK DR STE 101 I 90 North Mountain Ave
D MEDFORD, OR 97504 P Ashland, OR 97520.
0
Email: ACCOUNTING@PATHWAY-INC.ORG Phone: 541/488-5358
oT Fax: 541/552-2304
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g} (541)488-1536 David Arnold
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09/06/2022 509 FOB ASHLAND OR City Accounts Payable
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Staining Fence Fire Station#2
1 Fence staining at Fire Station#2 1.0 $1,222.67 $1,222.67
Goods and Services Agreement($35,000 or less)
Completion date: 06/30/2023 .
Project Account:
*************** GL SUMMARY***************
I 088400-602352 $1,222.67 1 1 .1
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FORM #3D / ( CITY OF
,� (, � l ASHLAND
A request for is Purchase Oa1�'ir
REQUISITION Date of request: 8/15/2022
Required date for delivery:
Vendor Name Pathway Enterprises. Inc.
Address,City,State,Zip 1600 Skypark Drive Suite 101,Medford.OR 97504
Contact Name&Telephone Number' Richard Simpson 541-601-4550 rospei gmail.com
Email address
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency
❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization
❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached
❑ Written quote or proposal attached (If council approval required,attach copy of CC)
❑ Small Procurement 0 Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by Council: ® State'of Oregon
❑ Direct Award _(Attach copy of council communication) Contract# OregonForward •
❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington
Date approved by Council: Contract#
(Attach copy of council communication) ❑ Other government agency contract
Intermediate Procurement ❑ Sole Source Agency
GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract#
Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement
0 (3)Written bids and solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency
PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000.
Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by
❑ Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4)
❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council
❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication)
Date approved by Council:
Valid until: (Date)
Description of SERVICES Total Cost
Staining fence at Fire Station 2 • $;1,222:67
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost
$0 $0.00
$0 $0.00
$0 $0.00
❑ Per attached quotelproposal TOTAL:COST'
Project Number: -_ _ _ Account Number: 088400-602352 $$0:00;
*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 am ;,e.11 hardware and software purchases:
IT Director Date Support-Yes/No
By signing this requisition Ty that the City's.ublic •ntracting requirements have been satisfied.
.� �
Employee: Department He• �� gLS.2oLZ
(Eq alto or greater than$5,000)
Department Manager/Supervisor: City Manager:
(Greater than$35,000)
Funds appropriated for current fiscal year: YES / NO
Finance Director-(Equal to or greater than$5,000) Date
Comments:
Form#3-Requisition
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Quote for services
Plathway CCB License # 218417
Enterprises, Inc. Property 'Service License # 40205
Date 7/14/2022 Price Breakdown
Quote # C14 9 Supplies / Coatings 54.41
Equipment & Tools
Built Date 2000 Sub Contractors
Labor Cost 906.81
This offer is valid until Delivery & Transportation
10/12/2022 Over Head 192.24
Reserve Margin 69•.21•
Pathway Enterprises, Inc. Final Pricing $1,222.67
1600 Skypark Drive #101, . Discount .% $0.00 .
Medford, OR 97504 $1,222.67
Final Pricing
www.pathway-inc.org info@pathway-inc.org
Prepared By , Prepared For Name and location of project
Devon Simpson Dave Arnold Fire Station # 2 - Fence
Coatings Supervisor Facility Manitenance 1860 Ashland St, Ashland,
Pathway Enterprises, City of Ashland Public OR 97520
Inc. Works
541-944-6997 541-552-2292 Fax 541
-552-2304
Proposed Services
Pathway proposes to provide services as outlined on the Project Features sheet. All work
performed includes coating application to completely cover target surfaces, shielding of
non target surfaces, and application with sufficient thickness to meet manufacturers
requirements. Surface preparations may include patching of incidental damage less then
1/4 inch in. diameter, sanding and scraping of failed coatings, and other preparations
required by the coating being applied. Failed caulking and coatings will be removed and
repaired prior to coating application. Work is to be completed based on a work schedule
to be coordinated with the customer. Invasive tasks which will adversely effect the
customer will be done on weekends or after normal business hours as applicable and as •
negotiated. Workers will adhere to all manufacturer and OSHA guidelines.
r
Description of Subject Area
Contractor will apply two coats of stain.
The customer will provide all coating products to be used on this project. We cannot
warranty the performance of the coatings which are provided. We reasonably guarantee the
quality of the preparation and application of these coatings. In order to adequately
prepare and apply these coatings the customer will provide product information from the
manufacturer to Pathway Enterprises, Inc.
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This•is provided as a quote only. the final
agreement will include additional pages of the Richard Simpson .
agreement required by the State of Oregon. Contracts Director
pathway Project Features Sheet for:
nterprises,Inc.
Fire Station # 2 - Fence
Lead Based Paint Testing Required N/A 1860 Ashland St, Ashland, OR 97520
If lead based paint is discovered this contract will need
to be modified to reflect the additional abatement
requirement
Exterior Project Features: * Includes trim, moulding,. fascia,
gutters, and other trim on exterior
Pressure Washing Exterior . X Walls only X
Caulking Exterior Shell Trim* Only
Siding Installation / Repair Wall and Trim* Components
Flashing Installation / Repair
Siding Types Style
Metal Lap
Door Refinishing Coating Cement Sheet .
Brick Contihuous
Painting of outer garage structure Wood X Paneled
Concrete
Painting of storage structure Vinyl
Fencing Stain or Paint X Base color •
Surface Preparation Trim color
Concrete Pressure Washing Accent Color
Sealing .Surfaces
Interior Project Features:
Color # Coats
Clean and Neutralize Surfaces Ceiling
Wall Repair / Installation Walls
Trim Repair / Installation Cabinets
Texture Trim
Primer Doors
Floor Coating Features:
Floor Stri pp ing Coating Application
Color # Coats
Epoxy Application
Cement •
Re-Surfacing Brick
Wood
Fire Station # 2 - Fence
1860 Ashland St, Ashland, OR 97520
GOODS AND SERVICES AGREEMENT ($35,000 OR LESS)
PROVIDER: Pathway Enterprises,Inc.
CITY OF PROVIDER'S
A.S.H LAND CONTACT: Richard Simpson
20 East Main Street
Ashland,Oregon 97520 ADDRESS: 1600 Slcypark Drive, Suite 101
Telephone: 541/488-5587 Medford,OR 97504
Fax: 541/488-6006
PHONE: 541-601-4550
This Goods and Services Agreement.(hereinafter."Agreement") .is entered into by and between the City of
Ashland,an Oregon municipal coiporation(heieinater"City")and Pathway Enterprises,Inc.,(a domestic/foreign
business corporation)("hereinafter"Provider"), for services at Fire Station 2.
1. PROVIDER'S OBLIGATIONS
1.1 Stain'fence at Fire Station 2 as set forth in the"SUPPORTING DOCUMENTS"attached hereto and,by
this reference,incorporated acknowledges herein Provider expressly,. 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 servicesdefined.and,.describedin the"SUPPORTING:DOCUMENTS"
shall hereinafter be collectively referred to as"Work."
1.2 Provider shall obtain and Maintain.:during the term..of this.A :bn'eement:and until,City's final acceptance
ceptance
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
• 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;
• ApAy as primarycoverage for each additional named insured except O.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 1 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc.
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• 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS
656.017, which requires subject employers to provide workers' compensation coverage for all of its
subject workers.
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.110.
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.
1.6 Living Wage Requirements: If the amount of this Agreement,is $22,310.46 or more, Provider is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined
in that chapter,to all employees performing Work under this Agreement and to any.Subcontractor who
performs 50% or more of the Work under this Agreement. Provider is also required topost the notice
attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees.
1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be
provided hereunder without the prior written consent of the City. Any attempted assignment or
subcontract without written consent of the City shall be void. Provider shall be fully responsible for the
acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval
by the City of any assignment or subcontract shall not create any contractual relation between the assignee
or subcontractor and the City.
2. CITY'S OBLIGATIONS
2.1 City shall pay Provider the•hourly. rates effective 7/14/22 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$1,222.67(this is maximum,not to exceed amount of ENTIRE Agreement)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.
Page 2 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc.
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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.
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 party
expressly warves.,any:and all rights to Maintain an action under this,Agreement in any other venue,and
expressly consents;;that, upon motion Of the other party, 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:damagesortdelay 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 piovision 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.
3.11 Deliveries will:be FAB:destination::Providei Shall`pay all transportation and handling charges for the
Goods.Provider is responsible and liable forloss or damage until final inspection and acceptance of the
Goods by the.City, :Provvidei.remains liable for latent defects,fraud;`and warranties.. .
3.12 The.City..may.inspect la,od test the.:Goods. The City may reject.non-conforming Goods and require
Provider to correct them without charge or deliver them at a reduced price, as negotiated If Provider;
doesnot cure any defects within a reasonable time, the .
.. . . Pity may reject the .G.004 and_cancel:'tlis
Agreement in:whole.or•in.part..This:paragraph does not affect or limit the•.City's rights,'includir g its
rights under the Uniform Commercial:.Code,"QRS Chapter'72(UCC).
3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the
manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from
defects in labor,material and manufacture.Provider shall transfer all warranties'to the City.
Page 3 of 6: Goods aid Services Agreement between the City of Ashland and Pathway Enterprises,Inc.
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4. SUPPORTING DOCUMENTS
4.1 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 July 14,2022.
4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually
complimentary and supplementary wherever possible. In the event of a conflict which cannot be so
resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of
the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the
SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order
listed in Article 4.1.
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, 2023, unless sooner
terminated as provided in Subsection 6.2.
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:
Page 4 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc.
City of Ashland—Facilities Maintenance Department
Attn: David Arnold
20 E.Main Street
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
541-601,4550
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 net 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
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the foregoing 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:
(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 y mater,al 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.
Page 5 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc.
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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 Enterprises, :/OVIDER):
By: By:
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Printed Name I Printed Name
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Title Q I Title7
$ .2S• eo2c. C� l � J YZ-Z—
Date Date
(W-9 is to be submitted with this signed Agreement)
Purchase Order No.
Few cam.
Page 6 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc.
