HomeMy WebLinkAbout2006-128 Contract - Pathway Enterprises
Pathway: =
Enterprises, Inc.
August 18, 2006
Kari Olson
City of Ashland
90 N. Mountain
Ashland, Oregon 97520
Enclosed are 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 Thomas Mullis and Walter Hillliard and will
be paid as follows:
Thomas
$12.14 Hourly wage paid
Eligible for benefits 9-1-06
$12.14 Total
Walter
$9.95 Hourly wage paid
$2.19 Medical Insurance and Life Insurance
$12.14 Total
Thomas and Walter 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 Jeffenon Avenue Ashland, Oregon 97520 541.488.1536 541.488.5948 (fax)
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Certificate of Insurance
Page 1 of 1
EIF'CCfFORATON
400 High St SE
Salem, OR 97312-1000
Toll Free 1-800-285-8525
OREGON WORKERS' COMPENSATION
CERTIFICATE OF INSURANCE
MAIL TO:
CERTIFICATE HOLDER:
CITY OF ASHLAND
ATT KARl OLSON
90 N MOUNTAIN
ASHLAND, OR 97520
CITY OF ASHLAND
ATT KARl OLSON
90 N MOUNTAIN
ASHLAND, OR 97520
The 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, exclusions
and conditions of such policy.
POUCY NO.
524679
POUCY PERIOD
04/01/2006 TO 04 01/2007
ISSUE DATE
05/05/2006
INSURED:
PATHWAY ENTERPRISES
722 JEFFERSON AVE
ASHLAND, OR 97520
BROKER OF RECORD:
ASHLAND INS (ASHLAND)
PO BOX 880
ASHLAND, OR 97520
UMITS OF UABILITY:
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 ITEMS:
IMPORTANT:
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 cE~rtificate holder.
This certificate does not amend, extend or alter the coverage afforded by the policies above.
AUTHORIZED REPRESENTATIVE
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---
httns:/ /saifonline.saif.com/CertificateslcertF orm.asnx
7/18/06
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kCoRD", CERTIFICATE OF LIABILITY INSURANCE OP 1[11~ DATE (MMlDDIYYYY)
PATHW.-1 05/10/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE: CERTIFICATE
Western States Ins. - Medford 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: 541-779-91B7 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A:. Grani te State Insuran.::e
Pathway EnteRPrises, Inc. INSURER B: National Union Fire Iltls
dba Ho l*,hock Nurse~ INSURER C:
dba All easons Main enance
722 Jefferson Ave INSURER 0:
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 DOCUMENTWlTH 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.
POLICY NUMBER ~IPOUCY~ LIMITS
LTR NSRI TYPE OF INSURANCE DATE fMMID DATE fill
GENERAL LIABILITY EACH OCCURRENC:E $1,000,000
f--
A X X COMMERCIAL GENERAL LIABILITY 02LX50599372000 05/11/06 05/11/07 ; ~=iS'Es rea occu~l $200,000
I CLAIMS MADE ~ OCCUR MED EXP (Any one INIISOn) $ 10000
PERSONAL & ADV INJURY $1,000,000
A X Professional Liab GENERAL AGGREGiATE $ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMf'/OP AGG $ 3,000',000
II POLICY n ~~8i n LOC Prof.Liab 1mil/1 mil
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
I---
A X X ANY AlITO 02CA626752B2000 05/11/06 05/11/07 (Ea accident)
f--
- AlL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
$
~ NON..QWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 3 000,000
B X ~ OCCUR D CLAIMS MADE 29UD46599732000 05/11/06 05/11/07 AGGREGATE $3,000,000
$
~ DEDUCTIBLE $
X RETENTION $10.000 $
WORKERS COMPENSATION AND ITORY L1MlTsT lu~1t
EMPLOYERS" UASILITY E.L EACH ACCIDE:NT $
ANY PROPRlETORIPARTNERlEXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $
If~, desaibe under E.L DISEASE - POLICY LIMIT $
S ECIAL PROVISIONS below
OTHER
A Commercial Applica 02LX50599372000 05/11/06 05/11/07
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAl PROVISIONS
Certificate holder is additional insured.
CERTIFICATE HOLDER
CANCELLATION
Ci ty of Ashland
Kari Olson
90 N Mountain
Ashland OR 97520
SHOULD ANY OF THE ABOVE DESCRIBED POUClES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOIR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ILEFT, BUT FAILURE TO DO so SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A RE:l
C!.../ G
ACORD 25 (2001/08)
CONTRACT
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 Contractor: Pathway Enterprises, Inc.
City Hall Address: 722 Jefferson Avenue
20 E. Main St. Ashland, OR 97520
Ashland, Oregon 97520 Telephone: 541-488-1536
(541) 488-6002 FAX: 541-488-1536
FAX: (541) 488-5311
Date of this agreement; 11 B: RFP date: December 2, 2003
July 27, 2006 Proposal date: February 9, 2004
Date of original agreement: March 15, 2004
113.2. Contracting officer: Dale Peters
11 2.4. Proiect: Janitorial Services Proposal #110-2003
114. Term *** 3rd Year of Contract - Begins July 1,2006, Ends June 30, 2007 ***
Contract may be extended annually, by mutual agreement, for up to three years.
11 7.1. Contractor's representative: Eldon Olson, Program Director
Robert Penney, Director of Finance
119.3. Maximum contract amount: $77,146.10 (Price adjusted per increase in living wage)
Living wage $12.14 effective June 30, 2006.
Total payments under this contract for the third year shall not exceed the sum
specified in Recital A above, unless additional services for window cleaning and
carpet and floor cleaning are requested by City. Costs for such additional services
shall be charged at the rates set forth in Contractor's proposal.
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 off.!rors, 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 which included a . Except as provided in paragraph 1.1, in the event ()f any
inconsistencies in the terms of this contract, the RFP or the Contractor's prop()sal, this
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contract shall take precedence over the RFP which shall take precedence over the
proposal.
2. Relationship between City and Contractor: Contractor accepts the relationship of trust
and confidence established between Contractor and City by this contract. Conltractor
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
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 clearly
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. "Project" means the project described in Recital A.
3.4. "Work" or "Services" shall mean all labor, materials, plans, specifici:ltions,
opinions, 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 completion of all services required by this contract unless slooner
terminated as provided in this contract.
5. Authority of Contractina 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 instructiol1ls, 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 IAFP 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.
6.1.4. Prepare monthly progress reports to the contracting Officer on
the status of services.
6.2. Contractor shall commence performance of services within five da~rs 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
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be responsible for the quality, technical accuracy and the coordination of all sE!rvices
performed by Contractor. Contractor shall, without additional compensation, c10rrect 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 CClntract 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 prosecutl~ an action
against Contractor beyond the maximum time limitation provided by Oregon law.
7. AssiQnment 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 thi:lt are
within the possession or control of City and are required by Contractor for per1:ormance
of the services.
8.3. City will arrange for access to, and make all provisions for Contractlor to enter
upon, public and private property as required for Contractor to perform the services.
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 payment
schedule to be submitted by Contractor and accepted by City. No reimbursemElnt 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 services
within ten days after the end of the month covered by the invoice.
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9.3. Total payments under this contract for the first year shall not exceed the sum
specified in Recital A above. Provided, however, this sum may be exceeded as required
for any living wage adjustment effective July 1, 2004, and it may be exceeded for
additional services for window cleaning and carpet and floor cleaning requested by City.
Costs 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 andl city
governments with respect to the services including, but not limited to, provisions 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 cer1tify 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 ct!rtificate 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 evidencle of
Contractor's status.
11. Ownership of Documents: All documents prepared by Contractor pursuant to this
contract shall be the property of City. To the extent permitted by law, City shallll within the
limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless Contractor, its
Contractors, agents and employees against all damages, claims, expenses andllosses
arising out of any reuse of plans, specifications and other documents prepared by
Contractor without prior written authorization of Contractor.
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 project 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, diamages 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, iand others
designated by Contractor to perform work or services attendant to this contract).
PAGE 4-CONTRACT
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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 covera~Je
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 owned
and non-owned automobiles.
14.2. The coverage under each liability insurance policy shall be equal tel or greater
than the limits for claims made under the Oregon Tort Claims Act with minimum coverage
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.
14.3. Liability coverage shall be provided on an "occurrence" basis. "Clnims
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 wlhich 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 p.~rform 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 c:ured
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 pr~lcticable.
15.2. Notwithstanding subsection 15.1, either party may declare a defaullt 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.
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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 16.2, 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.
17. Notices: Any notice required to be given under this contract or any notice rl:!quired 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 reprelsentative at
the address provided for the Contractor in Recital A above.
18. Assianment: 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 any,one other
than City and Contractor.
19. Modification: No modification of this contract shall be valid unless in writin'g and
signed by the parties.
Contractor , fi J
BY~ /tK-/,
Fed. #93-~891433'
~
City
BY ~~ rf~'
REtE~~ A~ CONTENT
BY "-^ e .fC'r'(2x( A- ~ -'7- D ~
City Department Head
Date:
REVIEWED AS TO FORM
By
City Legal Counsel Date:
PAGE 6-CONTRACT
H:\BID DOCUMENTS\RFP JANITORIAL SERVICES CONTRACT 07 27 2006.DOC
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CITY Of
ASHLAND
20 E MAIN ST.
ASHLAND. OR 97520
(541) 488-5300
CITY RECORDER'S COpy
r 8/4/2006 l ~
Page 1 /1
06990 l
VENDOR: 005727
PATHWAY ENTERPRISES INC
722 JEFFERSON AVENUE
ASHLAND, OR 97520
SHIP TO: Ashland Building Maintenance
(541) 488-5358
90 N MOUNTAIN AVENUE
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Depl: PUBLIC WORKS
Contact: Dale Peters
Confirming? No
Janitorial Services FY 2006-2007
Year "3" of "3" year contract
77,146.00
RFP/QRF Exempt
BeQinninQ date: July 1, 2004
Contract can be renewed annually by
mutual aQreement for up to three years.
Janitorial services to be provided at:
City Hall
Community Development
Municipal Court
Police Department
Service Center
Street and Shop
Grove
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
F:REIGHT
TOTAL
-# ~ P/i~L
A orlzed SignatClre
VENDOR COPY
PRICING SHEET
City of Ashland
Building Monthly Yearly
City Hall $763.78 $9, 165.4=~
Community Development $1,720.49 $20,645.85
Municipal Court $536.00 $6,431.98
Police Department $991.57 $11,898.86
Service Center $1,082.69 $12,992.23
Street and Shop $524.97 $6,299.6S
rhe Grove $809.34 $9,712.1'1
Totals $6,428,84 $77,146.10
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A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
Date of ReqUl~st:
THIS REQUEST IS A:
o Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
~~~H~~~;S TNC-
J4.E;l4-t-~NO fOR <1'tS l...O
5'-1l t.f 88 l S3 ~
S'tl "tee 163G..
"""Ro\:,c-e. t '=fe~N'f e lc:k:N ~lsON
SOLICITATION PROCESS
Small Procurement
o Less than $5,000
o Quotes (Optional)
Intermediate Procurement
o (3) Written Quotes
(Copies attached)
o Invitation to Bid
(Copies on file)
o Copy of contract attached
o Contract #
Description of SERVICES
'"B1..~1\)~E.1 TUlUtHA&'E: C
.::r~l\..ll~,,..qL S~\J lC.tES
E
F Y 2..OOG:, - 2.00 r
D Per attached PROPOSAL
Item # Quantity Unit
Descrl tlon of MATERIALS
Unit Price
Total Cost
Project Number _ _ _ _ _ _ - _ _ _
Account NumberYL~ -~-~~ <Q -~~.?--
· Items and seNices must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
D Per attached QUOTE
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and !he documentation can ~~ request.
Employee Signatu~ ~ Supervisor/Dept. Head Signature: ~"'J ~~ ~
G: FinanceIProaldure\AP\Fonns\8_Requisition form reViEo'ld.doc
Updated on: 7f112CXX3
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