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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