HomeMy WebLinkAbout2004-191 Contract - Pathway EnterprisesCONTRACT
Contractor services contract made on the date specified below in Recital A between the
City and Contractor as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND
City Hall
20 E. Main St.
Ashland, Oregon 97520
(541) 488-6002
FAX: (541) 488-5311
Date of this agreement:
March 15, 2004
3.2. Contracting officer:
Contractor:
Address:
Telephone:
FAX:
Pathway Enterprises, Inc.
722 Jefferson Avenue
Ashland, OR 97520
541-488-1536
541-488-5948
¶ B: RFP date: December 2, 2003
Proposal date: February 9, 2004
Dan Nicholson
¶ 2.4. Project: Janitorial Services Proposal #110-2003
¶ 4. Term Begins July 1, 2004, ends June 30, 2005.
Contract may be extended annually, by mutual agreement, for up to three years.
¶ 7.1. Contractor's representative: Eldon Olson, Program Director
Robert Penney, Director of Finance
¶ 9.3. Maximum contract amount: $55,852.55 (Price adjusted per increase in living wage',)
Living wage $11.44 effective June 30, 2004.
B. On the date noted above, City issued a request for proposals (RFP) for work needed by
City for the project described above. Contractor submitted a proposal in response to the
RFP on the date noted above.
C. After reviewing Contractor's proposal and proposals submitted by other offerors, City
selected Contractor to provide the services covered by the RFP.
City and Contractor agree as follows:
1. Relationship of Contract Documents: In response to the RFP, Contractor submitted a
proposal. Except as provided in paragraph 1.1, in the event of any inconsistencies in the
terms of this contract, the RFP or the Contractor's proposal, this contract shall take
precedence over the RFP which shall take precedence over the proposal.
2. Relationship between City and Contractor: Contractor accepts the relationslhip of trust
and confidence established between Contractor and City by this contract. Con, tractor
covenants with the City to perform services and duties in conformance to and consistent
with the standards generally recognized as being employed by workers of Contractor's
PAGE 1-CONTRACT H:\BID DOCUMENTS~ll0-2003 RFP JANITORIAL REVISED CONTRACT 08 06 2004.DOC
caliber in the locality of the project. Contractor further covenants to cooperate with City,
City's representatives, contractors, and other interested parties in furthering the interests
of City with respect to the project.
3. Definitions: Generally words, terms and phrases used in this contract shall have the
meaning ascribed to them in the construction industry, unless the context cleerly
indicates otherwise. As used in this contract:
3.1. "City" means the City of Ashland, Oregon.
3.2. "Contracting officer" means the person specified in Recital A above or that
person's designee.
3.3. "Work" or "Services" shall mean all labor, materials, reports, and other
services and products which Contractor is required to provide under this contract.
4. Term: The term of this contract shall commence on the date specified in Recital A
above and end on June 30, 2005, unless sooner terminated as provided in this contract,
or unless extended pursuant to the terms of this contract.
5. Authority of Contractinq Officer: The contracting officer shall have the authority to act
on behalf of City in the administration and interpretation of this contract. The contracting
officer shall have complete authority to authorize services, transmit instruction, s, receive
information, interpret and define City's policies and make other decisions with respect to
Contractor's services.
6. Services: Contractor shall provide services to City that are described in the RFP and
the proposal.
6.1. In connection with the services described in the RFP, Contractor shall:
6.1.1. Consult appropriate representatives of City to clarify and
define City's requirements relative to the services.
6.1.2. Review available data relative to the services.
6.1.3. Identify data which is not available and is needed to fulfill the
services, and act as City's representative in obtaining such data.
6.2. Contractor shall commence performance of services within five days after
receiving written authorization from the contracting officer for work described in the RFP.
6.3. Contractor shall perform the services as an independent contractor in
accordance with generally accepted standards in Contractor's vocation. Contractor shall
be responsible for the quality, technical accuracy and the coordination of all services
performed by Contractor. Contractor shall, without additional compensation, correct or
revise any error or deficiencies in the services that are caused by Contractor's
negligence. City's review, approval, acceptance of, or payment for, any of the services
shall not be construed to waive any of City's rights under this contract or of any cause of
action arising out of Contractor's services. In the event of any breach of this contract by
Contractor or negligent performance of any of the services, City's cause of action against
Contractor shall not be deemed to accrue until City discovers such breach or negligence,
or should have, with reasonable diligence, discovered such breach or negligence. The
preceding sentence shall not be construed, however, to allow City to prosecutE; an action
against Contractor beyond the maximum time limitation provided by Oregon law.
PAGE 2-CONTRACT H:~BID DOCUMENTS\il0-2003 RFP JANITORIAL REVISED CONTRACT 08 06 2004.DOC
7. Assignment of Contractor's Personnel:
7.1. The services covered by this contract shall be rendered by, or under the
supervision of the person specified in Recital A above, who shall act as Contractor's
representative in all communications and transactions with City.
7.2. Contractor will endeavor to honor reasonable specific requests of City with
regard to assignment of Contractor's employees to perform services if the requests are
consistent with sound business practices.
8. Responsibilities of City:
8.1. City will cooperate fully with Contractor to achieve the objectives of this
contract.
8.2. City will provide information, documents, materials and services thet are
within the possession or control of City and are required by Contractor for performance
of the services.
8.3. City will arrange for access to, and make all provisions for Contractor to enter
upon, public and private property as required for Contractor to perform the set, vices.
8.4. City will provide all permits necessary for completion of the project.
8.5. The contracting officer will act as liaison between City, Contractor, public
agencies, and others involved in the project.
9. Payment:
9.1. City shall pay Contractor for services and reimburse Contractor for expenses
incurred by Contractor in performance of services in accordance with a payme~nt
schedule to be submitted by Contractor and accepted by City. No reimbursement will be
made for expenses that are not specifically itemized in this payment schedule without
prior approval by the contracting officer.
9.2. Contractor shall submit monthly invoices to City for Contractor's se~rvices
within ten days after the end of the month covered by the invoice.
9.3. Total payments under this contract for the first year shall not exceed the sum
specified in Recital A above. Provided, however, it may be exceeded for additional
services for window cleaning and carpet and floor cleaning requested by City. C, osts for
such additional services shall be charged at the rates set forth in Contractor's proposal,
subject to any adjustment for living wage increases.
10. Compliance with Law:
10.1. This contract will be governed by and construed in accordance with laws of
the State of Oregon. Contractor shall promptly observe and comply with all present and
future laws, orders, regulations, rules and ordinances of federal, state, City and city
PAGE 3-CONTRACT H:~BID DOCUMENTS\il0-2003 RFP JANITORIAL REVISED CONTRACT 08 06 2004.DOC
governments with respect to the services including, but not limited to, provisio~ns of ORS
279.312, 279.314, 279.316 and 279.320.
10.2. Contractor is a "subject employer" as defined in ORS 656.005 and shall
comply with ORS 656.017. Prior to commencing any work, Contractor shall certify to City
that Contractor has workers' compensation coverage required by ORS Chapter 656. If
Contractor is a carrier insured employer, Contractor shall provide City with a certificate of
insurance. If Contractor is a self-insured employer, Contractor shall provide City with a
certification from the Oregon Department of Insurance and Finance as evidence of
Contractor's status.
11. Ownership of Documents: All documents prepared by Contractor pursuant to this
contract shall be the property of City.
12. Records:
12.1. Contractor shall develop and maintain complete books of account and other
records on the services which are adequate for evaluating Contractor's performance.
Contractor shall maintain records in such a manner as to provide a clear distinction
between the expenditures and revenues related to the services and the expenditures and
revenues related to Contractor's other business.
12.2. Contractor's books and records shall be made available for inspection by
City at reasonable times, to verify Contractor's compliance with this contract. City shall
have the right to request an audit of Contractor's books and records by a certified public
accountant retained by City.
13. Indemnification: Contractor shall defend, indemnify and save City, its office~rs, agents,
and employees harmless from any and all claims, actions, costs, judgments, damages or
other expenses resulting from injury to any person (including injury resulting in death,) or
damage to property (including loss or destruction), of whatsoever nature arising out of or
incident to the negligent performance of this contract by Contractor (including but not
limited to, the negligent acts or omissions of Contractor's employees, agents, and others
designated by Contractor to perform work or services attendant to this contract).
Contractor shall not be held responsible for any claims, actions, costs, judgments,
damages or other expenses, directly and proximately caused by the negligence of City.
14. Insurance:
14.1. Contractor shall, at its own expense, at all times during the term of this
contract, maintain in force:
14.1.1. A comprehensive general liability policy including coverage
for contractual liability for obligations assumed under this contract, blanket
contractual liability, products and completed operations and owner's and
contractor's protective insurance;
14.1.2. A comprehensive automobile liability policy including own~ed
and non-owned automobiles.
14.2. The coverage under each liability insurance policy shall be equal to or greater
than the limits for claims made under the Oregon Tort Claims Act with minimum coverage
PAGE 4-CONTRACT H:\BID DOCUMENTS\il0-2003 RFP JANITORIAL REVISED CONTRACT 08 06 2004.DOC
of $500,000 per occurrence (combined single limit for bodily injury and property damage
claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage, or as these limits may be adjusted in the future.
14.3. Liability coverage shall be provided on an "occurrence" basis. "Claims
made" coverage will not be acceptable, except for the coverage required by subsection
14.2.
14.4. Certificates of insurance acceptable to the City shall be filed with City prior to
the commencement of any work by Contractor. Each certificate shall state that coverage
afforded under the policy cannot be cancelled or reduced in coverage cannot be made
until at least 30 days prior written notice has been given to City. A certificate which states
merely that the issuing company "will endeavor to mail" written notice is unacceptable.
15. Default:
15.1. There shall be a default under this contract if either party fails to perform any
act or obligation required by this contract within ten days after the other party [jives
written notice specifying the nature of the breach with reasonable particularity. If the
breach specified in the notice is of such a nature that it cannot be completely cured
within the ten day period, no default shall occur if the party receiving the notice begins
performance of the act or obligation within the ten day period and thereafter proceeds
with reasonable diligence and in good faith to effect the remedy as soon as practicable.
15.2. Notwithstanding subsection 15.1, either party may declare a default by
written notice to the other party, without allowing an opportunity to cure, if the .other party
repeatedly breaches the terms of this contract.
15.3. If a default occurs, the party injured by the default may elect to terminate this
contract and pursue any equitable or legal rights and remedies available under Oregon
law. All remedies shall be cumulative.
15.4. Any litigation arising out of this contract shall be conducted in Circuit Court
of the State of Oregon for Jackson County.
16. Termination without Cause:
16.1. In addition to the right to terminate this contract under subsection 15.3, City
may terminate by giving Contractor written notice sixty days prior to the termination date.
16.2. In addition to the right to terminate this contract under subsection 15.3,
Contractor may complete such analyses and records as may be necessary to place its
files in order and, where considered necessary to protect its reputation, to complete a
report on the services performed to date of termination.
16.3. If City terminates the contract under subsection 16.1, Contractor shall be paid
for all fees earned and costs incurred prior to the termination date. Contractor shall not
be entitled to compensated for lost profits.
PAGE 5-CONTRACT H:\BID DOCUMENTS\il0-2003 RFP JANITORIAL REVISED CONTRACT (18 06 2004.DOC
17. Notices: Any notice required to be given under this contract or any notice required to
be given by law shall be in writing and may be given by personal delivery or by' registered
or certified mail, or by any other manner prescribed by law.
17.1. Notices to City shall be addressed to the contracting officer at the address
provided for the City in Recital A above.
17.2. Notices to Contractor shall be addressed to the Contractor's representative at
the address provided for the Contractor in Recital A above.
18. Assignment: City and Contractor and the respective successors, administrators,
assigns and legal representatives of each are bound by this contract to the other party
and to the partners, successors, administrators, assigns and legal representatiives of the
other party. Contractor shall not assign or subcontract Contractor's rights or obligations
under this contract without prior written consent of City. Except as stated in this section,
nothing in this contract shall be construed to give any rights or benefits to anyone other
than City and Contractor.
19. Modification: No modification of this contract shall be valid unless in writing and
signed by the parties.
Contractor
Fed. ID #93-0891433
City
REVIEWED' AS TO CONTENT
Cit~ Department Head
Date: /z ~~
B y
Ci~egal C~b~sel Date:
/
PAGE 6-CONTRACT H:~BID DOCUMENTS~ll0-2003 RFP JANITORIAL REVISED CONTRACT 08 06 2004.DOC
Enterprises, Inc.
July 6, 2004
Kari Olson
City of Ashland
90 N. Mountain
Ashland, Oregon 97520
In response to your letter dated July 1, 2004, enclosed are the two signed contracts,
copies of our Certificate of Insurance (for liability and auto), and proof of our workers
compensation insurance with SAIF.
The 2 employees working on this contract are Jason Looney and Marvin Burdick and
will be paid as follows:
Jason
$9.76 Hourly wage paid
$1.68 Medical Insurance and Life Insurance(100% employer paid)
$11.44 Total
Marvin
$10.00 Hourly wage paid
$ 1.68 Medical Insurance and Life Insurance(100% employer paid)
$11.68 Total
Jason and Marvin will be paid at above rates for each hour worked on the Ashland
contracts.
If you have any questions, please call.
Sincerely,
Robert Penney
Director of Finance
Community Integration ° Supported Employment ° Supported Living ° Community Living
Qualified Rehabilitation Facility
Administrative Office
722 Jefferson Avenue Ashland, Oregon 97520 541.488.1536 541.488.5948 ifax)
ACORD,. CERTIFICATE OF LIABILITY INSURANCE o.,,~ JTI DATE(MMIDD~/YY)
PA~'-I I o7/o~/04
pRODUCER THIS CERTIFICATE IS ISSUED AS A MATTEl;', OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THF CERTIFICATE
Western States Ins. - MecLEord HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
739 Medford Center ALTER THE COVERAGE AFFORDED BY THE! POLICIES BELOW. ....
Medford OR 97504
Phone: 541-779-1321 Fax: 541-77 9-9187 INSURERS AFFORDING COVERAGE NAIC #
,,
iNsuRED INSURERA: Granite State Ins. Co.
INSURER B: Natl Union Fire Ins. Co. of
,
Pathway Enterprises, Inc. INSURER C; .....
722 Jefferson Ave ~NSURERD:
Ashland OR 97520
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSK ADD'I; '" POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRq TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE {MM/DD/YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ i, 000,000
A X COMMERCIAL GENERAL LIABILITY 02~50599370000 04/11/04 04/11/05 U^M^~ ,UK~,,~:U
PREMISES (EM occul,ence) $ 200 ~ 000
I
~ OCCUR MED EXP (Any one ic,erson) $15,0 0 0
CLAIMS
MADE
X Professional Liab PERSONAL & ADV INJURY $ I, 000,000
' ' GENERAL AGGREGATE S 3,0 0 0,0 0 0
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3 ~ 000 ~ 000
IPOLICY r--]JEcTPRO' ~1 LOC Emp Ben. 1mil/3 mil
.AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
A X ANY AUTO 02CA62675280000 04/11/04 04/11/05 (Ea accident) $1~000,000
ALL OWNED AUTOS BODILY INJURY $
sCHEDULED AUTOS Per pe~on)
,
HIRED AUTOS BODILY INJURY $
(Per accident)
NON~3WNED AUTOS
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
---~ ANY AUTO OTHER THAN
ACC
$
i AUTO ONLY: AGG $
EXCESS/UMBRELLA MABILIT~ EACH OCCURRENCE $1 ~ 000,000
B ~'~ OCCUR E~ CLAIMSMADE 29UD46599730000 04/11/04 04/11/05 AGGREGATE $ i, 000,000
$
~___~ DEDUCTIBI.~ $
RETENTION $10,000 $
WE,; .,KTATU- 01 H-
WORKERS COMPENSATION AND I TORY LIMITS I
. ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE~ $
Ifyes descflbe und~ E.L. DISEASE - POLICY LIMITI $
SPECIAL PROVISIONS be ow
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is included as addl. insd.
CERTIFICATE HOLDER
CANCEl i ATION
--PROOF
City of Ashland
Kari Olson
90 N Mountain
Ashland OR 97520
; ACORD 25 (2001/08)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC;.
DATE THEREOF, THE ISSUING INSURER WiLL ENDEAVOR TO MAIL 10~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Jerry Derby
(D ACORD CORPORATION 1988
Certificate of Insurance Page 1 of 1
400 High St SE
Salem, OR 97312-1000 ~ ~" . .......
Toll Free 1-800-285-8525 ~ ......... ' .......
MAIL TO: M'~Y ~ ? 2d~0~
PATHWAY ENTERPRISer'S
722 JEFFERSON AVE
ASHLAND, OR 97520
OREGON WORKERS' COMPENSATION
CERTIFICATE OF INSURANCE
CERTIFICATE HOLDER:
JACKSON COUNTY
ATTN' PENNY BERGMAN
1005 E MAIN ST
MEDFORD, OR 97504
IThe policy of insurance listed below has been issued to the insured named below 'for the policy
period indicated. The insurance afforded by the policy described herein is subject to all the terms,
lexclusions and conditions of such policy.
POLICY NO. POLICY PERIOD ISSUE DATE
524679 04/01/2004 TO 04/01/2005 05/25/2004
INSURED:
PATHWAY ENTERPRISES
722 JEFFERSON AVE
ASHLAND, OR 97520
BROKER OF RECORD:
ASHLAND INS (ASHLAND)
PO BOX 880
ASHLAND, OR 97520
LIMITS OF LIABILITY:
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Bodily Injury by Disease $500,000 policy limit
DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL TI'EMS:
ZM PO RTANT:
The coverage described above is in effect as of the issue date of this certificate. It is subject to
change at any time in the future.
This certificate is issued as a matter of information only and confers no rights to the certificate
holder. This certificate does not amend, extend or alter the coverage afforded by tl~e policies
above.
AUTH O RIZ E D RE PRES E NTATIVE
http://saifonline/online/certs/certForm.aspx 05/25/2004
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541 ) 488-5300
CITY RECORDER'S COPY
DATE
7/12/2004
Page 1 / 1
l o5='i'7 I
VENDOR: 005727
PATHWAY ENTERPRISES INC
722 JEFFERSON AVENUE
ASHLAND, OR 97520
SHIP TO: Ashland Building Maintenance
(541 ) 488-5358
90 N MOUNTAIN AVFNUE
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 7/1/2004
Special Inst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Dan Nicholson
Confirming? No
Quan, tit7 unit ........ O,escrip, t!0n .......... Ur, it Price ., EXt.
BLANKET PURCHASE ORDER
Janitorial Services FY 2004-2005 55,85~!:~!i
Living Wage .$11.44, effective June 30,
2004, (1st Year of contract) ' : .... ::: ':'~:~;
.. "= RFP/QRFExempt" . ':"' " " '
Beginning date: JulY 1, 2004
: uallv,_., ' ....
.... Contract can be renewed ann by ..
mutual agreement, for up to three years.
'.. ' .: , : ' :' ' ......... :'.:'~
".. ---- · .., ,
. . .
Janitorial services to be. provided at
· ' thefoll°Wing locations:'. "" i'.' .' ' '
City Hall
, . .
' commUnitY· Development ".: . .. .. : .... '.,:::i,"
. . , . . , . ' . , ,~,, ,,:, ,, ,, ~:.,,.
Municipal Court
,,.: ' '... : . PoliceDePa,.rtm.'ent. ' .'. "'. ,' . ' . :.. ......
Service Center
. ' · .....
." .' 'street&.Sh0P i...'.;..':.".~',i' ":: ' '" ' """ · ' ":::
. . ~, .... ...' :,',,..:".'.. '.' i: ;:'.':,: '.' :. ~ :":,. i .', :...' ... ; ' :' '::~';~
Wastewater Treatment Plant
. . .. ,~, . ,. , ..,, .;......,. , '
' "" ' ' . ' ' · . '," '.;'.i ":~,*~,.,~::~,,,*,~:.:',
,, . : .... . .... .. . . ,, , ;~:
· · ...... '. '. ' ' . ' .
· , . . .. , · .,
' ' '. '. ' . . ' · . ' · , ,"' ' ,,;','""z;:,"
, . , . ::', ,.,' . : . .
,., .. ., . . ,,. ,,:?,:,
' ., ..:.:,!,::; .,.. ;, ..;.;,,...... ,::..:,.: . ,
,,.' " '' . .... "': ~ ii ....
....
SUBTOTAL 55,852.55
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 55,852.55
ASHLAND, OR 97520
AccoUnt'Number .,, i...';.:.' :': .. '.' '.,.."Am0Unt ." :" ~ ; .' ::'. "Account Number '. Am°uni'ii'i'i,~ii~i,,~;i
E 710.08.24.00.602352 '5~,852.55 ' '
.. ,
,,
., /
VENDOR COPY