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HomeMy WebLinkAboutProfessional Serivces Pathway Enterprises - Park Bathrooms CITY OF CENTRAL POINT PROFESSIONAL SERVICES CONTRACT CITY OF CENTRAL POINT PARK RESTROOMS JANITORIAL SERVICES This contract is made between the City of Central Point(City)and Pathway Enterprises, Inc. (Consultant). Consultant Information: Full Legal name or business name: Pathways Enterprises, Inc. Address: 1600 Sky Park Drive City: Medford, Oregon Zip Code: 97504 Telephone: (541)973-2728 Email: rpspei@gmail.com City and Consultant agree: 1. Services to be provided. Consultant will provide to the City the services set forth in Exhibit B, incorporated herein by reference. 2. Effective Date or Duration. This contract is effective on the date at which every party has signed this contract. This contract shall expire, unless otherwise terminated or extended, on March 1, 2025. 3. Compensation. City agrees to pay Consultant a sum not to exceed a total of$180,000 for the three year contract period or$60,000 in each 12 month period for the services to be provided. A written approval in the form of an amendment of this contract will be obtained where there will be changes in the scope of work, amount 04 contract or time. Payment will be made: • Initial here) Upon completion; or, 11111) • (Initial here)City shall pay Consultant for services and reimburse Consultant for expenses incurred'by Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by City. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the end of the month covered by the invoice. Total payments under this contract or any amendments shall not exceed the sum specified in this section 3. 4. Authorized Consultant Representative. The authorized representative for Consultant is Richard Simpson. 5. Standard Contract Provisions. Consultant shall comply with the City's Standard Contract Provisions for Professional Services as modified for this contract, as provided in the attached of which is attached as Exhibit A, incorporated herein by reference. 6. Conflicting Provisions. In the event of any conflict or inconsistency between the body of this Agreement and any Exhibit hereto, the terms and provisions of this Agreement, as amended from time to time, shall prevail and be given priority. Further in the event of any conflict or inconsistency between Exhibit A and Exhibit B, the terms and provisions of Exhibit A shall be given priority. Subject to the foregoing, the several documents and instruments forming part of this Agreement are to be taken as mutually explanatory of one another and in the case of ambiguities or discrepancies within or between such parts the same shall be explained and interpreted, if possible, in a manner which gives effect to each part and which avoids or minimizes conflicts among such parts. No oral representations or other agreements have been made by the Parties except as specifically stated in the Contract Documents. CITY OF CENTRAL POINT CG ISULTANT By: f'!.S %I By: . e "_.. '.ti,ltt.T Title: / MA.-0-14.L Title: C,q(\+i'y(a C_ Date: 07 • 07 3 • Date: Z Z Z ZOLZ, SSN/Tax Id. No.: —1 V)3 CP Business License No.: Form 1099: On file: X Attached: EXHIBIT A CITY OF CENTRAL POINT CONTRACT PROVISIONS FOR PROFESSIONAL SERVICES 1. Qualified Personnel. Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the services required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 1.1 Standard of Care—Professional Services. Subject to the express provisions of the agreed scope of work as to the degree of care, amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant shall perform its Services in accordance with generally accepted standards and practices customarily utilized by competent Janitorial Service businesses in effect at the time Consultant's Services are rendered. Consultant does not expressly or impliedly warrant or guarantee its Services. 1.2 Reliance upon Information Provided by Others. If Consultant's performance of services hereunder requires Consultant to rely on information provided by other parties(excepting Consultant's subcontractors), Consultant shall not independently verify the validity,completeness, or accuracy of such information unless otherwise expressly engaged to do so in writing by Client. 1.3 Contract Renewal. The City shall have the option to renew this contract annually after the initial term has expired. Each renewal shall be with such modifications as may be agreed to by the parties in a written amendment of the contract, provided that the amendments made for any renewal term may not increase the total compensation to be paid to Consultant by more than 10 percent or increase the rate of compensation for any contract Service by more than 5 percent. 2. Authorized Representative for City. The City's authorized representative is Matt Samitore, Park and Public Works Director or a duly authorized representative. 3. Notices. Any notice permitted or required by this contract shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, and with return receipt requested, to the persons and addresses shown below. In addition, if directions for telephonic transmission ("FAX")are set forth below, notices may be delivered by FAX. Notices sent by certified mail will be deemed delivered three business days after placement in the mail and notices sent by FAX will be deemed delivered when successful transmission is electronically confirmed. Except as expressly provided in the contract, required notices must be signed by the person designated to receive notices, or that person's designee or attorney. Consultant: Authorized Representative named on pages 1 and 2 at address for Consultant listed on pages 1 and 2. City: Authorized Representative (see section 3 of this page), 140 South Third Street, Central Point, Oregon 97502 Each party shall notify the other of any change in the name, address or FAX instructions to be used for delivery of notices. 4. Termination. Notwithstanding any other provision to the contrary, this contract may be terminated as follows: 5.1. The parties, by mutual written agreement, may terminate this contract at any time. 5.2. Either party may terminate this contract in the event of a breach of the contract by the other party. 5.3. The City may terminate this contract at any time or for any reason, upon not less than ten days' notice in advance of the termination date. 5.4. City may terminate this contract immediately upon Consultants failure to have in force any insurance required by this contract. Except as provided in section 6, in the event of a termination, City shall pay Consultant for work performed to the date of termination. 5. Remedies. 6.1. In the event of a termination of this contract by City because of a breach by Consultant, City may complete the Services either by itself or by contract with other persons, or any combination. Consultant shall be liable to City for any costs or losses incurred by City arising out of or related to the breach, including costs incurred in selecting other contractors, time-delay losses, attorney fees and the like, less the remaining unpaid balance of the consideration provided in this contract. City may withhold payment of sums due Consultant for work performed to the date of termination until City's costs and losses have been determined, at which time City may offset any such amount due Consultant against the costs and losses incurred by City. 6.2. The foregoing remedies provided to City for breach of this contract by Consultant shall not be exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant's breach. 6.3 In the event of breach of this contract by City, Consultant's remedy shall be limited to termination of this contract and payment for work performed to the date of termination. 6.4. The Consultant shall be allowed to remedy a breach of this agreement by curing such breach or making reasonable progress toward its cure within 15 days after City has given written notice of alleged breach to Consultant. 6.5. The City shall be allowed to remedy a breach of this agreement by curing such breach or making reasonable progress toward its cure within 15 days after Consultant has given written notice of the alleged breach to the City or upon five days' notice if work under this Agreement has been suspended by either City or Consultant for more than 30 days in the aggregate. 6. Records/Inspection. Consultant shall maintain records of its charges to City under this contract for a period of not less than 3 (three)full fiscal years following Consultant's completion of this contract. Upon reasonable advance notice, City or its authorized representatives may from time to time inspect, audit and make copies of any of Consultant's records that relate to this contract. If any audit by City discloses that payments to the Consultant were in excess of the amount to which Consultant was entitled under this contract, Consultant shall promptly pay to City the amount of such excess. If the excess is greater than one percent of the contract amount, Consultant shall also reimburse City its reasonable costs incurred in performing the audit. 7. Ownership of Work Product. All work product of Consultant that results from this Agreement(the work product) is the exclusive property of City, once the Consultant has been paid for services rendered. City and Consultant intend that such work product be deemed "work made for hire" of which City shall be deemed the author. If for any reason the work product is not deemed"work made for hire," Consultant irrevocably assigns to City all its right, title, and interest in and to any and all of the work product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Consultant shall execute such further documents and instruments as City may reasonably request in order to fully vest such rights in City. Consultant forever waives any and all rights relating to the work product, including without limitation, any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. The City agrees to hold harmless and indemnify the Consultant from any and all liability whatsoever, associated with any reuse of work products generated by this work project, beyond the original purpose intended by this contract. 8. Indemnification. Except for claims that relate to orofessional liability, Consultant shall defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogation, or other damages resulting from injury to any person(including injury resulting in death,)or damage(including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this agreement by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this agreement). Consultant shall not be held responsible for damages caused by the negligence of City. If the claim or liability results from error or omissions in the products, results, analyses, opinions, recommendations, directions, designs, or other manifestation of Consultant's professional services, including any other professional act, error or omission that is subject to professional standards of care, the obligation of Consultant hereunder shall only exist to the extent of Consultant's negligence or willful misconduct. 9. Workers' Compensation. If Consultant will perform the work with the help of others, Consultant shall comply with the Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a self- insured employer and shall strictly comply with all other applicable provisions of such law. Consultant shall provide the City with such further assurances as City may require from time to time that Consultant is in compliance with these Workers' Compensation coverage requirements and the Workers' Compensation law. 10. Insurance. Consultant shall have and maintain the insurance policies specified below. Each policy of insurance shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. Such additional insured status shall be procured and evidenced by an additional insured endorsement on the policy and certificate of insurance. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the Services. The adequacy of all insurance policies for compliance with this Section 11 shall be subject to approval by City's Risk Manager. Failure to maintain any insurance coverage required by the contract shall be cause for immediate termination of the contract by City. Unless otherwise specified, each policy shall be written on an"occurrence"form with an admitted insurance carrier licensed to do business in the state of Oregon; and shall contain an endorsement entitling City to not less than 30 days prior written notice of any material change, non-renewal or cancellation. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require that Consultant increase the coverage limits of all liability policies by the amount of the increase in the statutory limit. 11.1. Commercial General Liability. Consultant shall maintain a broad form commercial general liability insurance policy with coverage of not less than $1,000,000 combined single limit per occurrence, and as an annual aggregate, for bodily injury, personal injury or property damage. The policy shall have a contractual liability endorsement to cover Consultant's indemnification obligations under the contract. The policy shall also contain an endorsement naming City as an additional insured, in a form satisfactory to City, and expressly providing that the interest of City shall not be affected by Consultant's breach of policy provisions. 11.2. Workers' Compensation Insurance. Unless Consultant is exempt, Consultant shall comply with the Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a self-insured employer and shall strictly comply with all other applicable provisions of such law. Consultant shall provide City with such assurances as City may require from time to time that Consultant is in compliance with these Workers' Compensation coverage requirements and the Workers' Compensation law. 11.3. Comprehensive Automobile Liability. If Consultant will use a motor vehicle on a regular basis in the performance of the Services, Consultant shall maintain automobile liability insurance coverage of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury or property damage for each motor vehicle owned, leased or operated under the control of Consultant for, or in the performance of,the services. 11.4. Professional Liability. If Consultant is required to be licensed by the State of Oregon to perform the Services, Consultant shall maintain a professional liability insurance policy with coverage limits of not less than $1,000,000 per claim, and a deductible or self-insured retention of not more than $250,000 per claim to protect Consultant from claims by City or others for injury, loss or damage arising from or resulting from the wrongful or negligent performance or non-performance of, the Services. The policy shall contain an endorsement entitling City to not less than 60 days prior written notice of any material change, non-renewal or cancellation of such policy. This policy may be written on a "claims made" form, provided that continuous coverage is maintained to cover claims made within two years after completion of the Services. 11. Assignment/Subcontracting. Consultant shall not assign this contract, in whole or in part, or any right or obligation, without City's prior written approval. Consultant shall require any approved subcontractor to agree, as to the portion subcontracted, to comply with all obligations of Consultant specified in this contract. Notwithstanding City's approval of a subcontractor, Consultant shall remain obligated for full performance of this contract and City shall incur no obligation to any subcontractor. Consultant shall indemnify, defend and hold City harmless from claims of subcontractors related to the performance of the Consultant's duties under this agreement. 12. Independent Contractor. Whether Consultant is a corporation, partnership, other legal entity or an individual, Consultant is an independent contractor. If Consultant is an individual, Consultant's duties will be performed with the understanding that Consultant is a self-employed person, has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by Consultant; however, the nature of the services and the results to be achieved shall be specified by City. Consultant is not to be deemed an employee or agent of City and has no authority to make any binding commitments or obligations on behalf of City except to the extent expressly provided in this contract. 13. Compliance with Laws/Business License. Consultant shall comply with all applicable Federal, State and local laws, rules, ordinances and regulations at all times and in the performance of the Services, including, but not limited to those laws pertaining in nonresident contractors in ORS 279A.120 and all applicable provisions of ORS 279B.220, 279B.225, 2796.230, 279B.235, and 279B.240. Consultant shall obtain a City of Central Point business license as required by the city municipal code prior to beginning work under this contract. Consultant shall provide a business license number in the space provided on pages one and two of this contract. 14. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Oregon. Any claim, action, or suit between City and Consultant that arises out of or relates to performance of this agreement shall be brought and conducted solely and exclusively within the Circuit Court for Jackson County, for the State of Oregon. Provided, however, that if any such claim, action, or suit may be brought only in a federal forum, it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. 15. Attorney Fees. In the event of any action to enforce or interpret this contract, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees incurred in the proceeding, as set by the court, at trial, on appeal or upon review. 16. Integration. This contract embodies the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained in this contract. This contract shall supersede all prior communications, representations or agreements, either oral or written, between the parties. This contract shall not be amended except in writing, signed by both parties. EXHIBIT B City of Central Point Parks Restroom Janitorial Services Scope of Work Public restrooms are to be cleaned and stocked daily as per the provided frequency schedule. Four (4) restrooms will remain open all year. Five (5) city park restrooms are closed during winter months. Winter closure schedule varies depending on weather and other factor but will generally be from mid- October to mid-March. The following is a list of park restrooms. OPEN ALL YEAR 1. Don Jones Memorial Park (Men's & Women's), 223 West Vilas Road Facility: 2 urinals, 8 toilets, 6 wash basins, 2 hand dryers, 1 changing station, 2 drinking fountains. 518 square feet. 2. Robert Pfaff Park (Men's & Women's), 635 Manzanita Street Facility: 1 urinal, 3 toilets, 2 wash basins, 2 hand dryers, 2 drinking fountains. 494 square feet. 3. Don and Flo Bohnert Farm, Park 525 Stone Pointe Drive Facility: 1 toilet, 1 wash basin, 1 hand dryer, 1 drinking fountain. 60 square feet. 4. Twin Creeks Park (Men's & Women's), 555 Twin Creeks Crossing Loop Facility: 1 urinal, 3 toilets, 4 wash basins, 2 drinking fountains, 2 hand dryers. 536 square feet. OPEN SEASONALLY: 5. Flanagan Park, 200 Tiffany Avenue Facility: 1 toilet, 1 wash basin, 1 drinking fountain. 60 square feet. 6. Van Horn Park, 950 Freeman Road Facility: 1 toilet, 1 wash basin, 1 hand dryer, 2 drinking fountains. 60 square feet. 7. Forest Glen Park, 1101 Gate Park Drive Facility: 1 toilet, 1 wash basin, 1 hand dryer, 1 drinking fountain. 60 square feet. 8. William Mott Memorial Park, 2190 Jeremy Street Facility: 1 toilet, 1 wash basins, 1 hand dryers, 1 drinking fountains. 60 square feet. 9. Joel Tanzi Skate Park, 403 S. 4th Street Facility: 1 toilet, 1 wash basin, 2 water fountains. 54 square feet. FREQUENCY AND SCOPE: • Each restroom is to undergo a detailed cleaning and re-stocking of paper goods, soap, etc. once each day, seven days a week. All cleaning will be done in the morning hours. DETAILED CLEANING SPECIFICATIONS: • Clean, sanitize, and wipe dry inside, outside and underneath all urinals, commodes, wash basins, bright work, toilet seats on both sides and by hinges, partitions and partition leg supports, plumbing fixtures, dispensers, doors, mirrors and walls with disinfecting cleaner, and if applicable, stainless steel cleaner. • Floor surfaces are to be swept with a broom or dust mop for the removal of debris, dirt and other foreign matter then mopped with a non-residue leaving cleanser. • Pour a recommended amount of the disinfectant deodorant solution mix into each toilet bowl/urinal and scrub clean with a bowl brush to remove stains and odors. • Resupply or fill all soap, towels, toilet paper and toilet seat dispensers with appropriate commercial grade products provided by the city and ensure all products are of correct size to fit dispensers and all units operate properly. • Receptacle liners shall be changed and proper sized liners refurbished to reduce odors and germ build-up. • All floor drains shall be flushed with hot water weekly and maintained free of obstructions and offensive odors at all times. • Walls, door knobs and switch plate covers in these areas shall be wiped thoroughly with disinfectant cleaner. • Water fountains shall be wiped thoroughly with disinfectant cleaner. Cleaning Standards: • Properly cleaned rest rooms and showers shall be free of all odors, stains, discoloration and deposits. • High sanitary conditions shall be maintained and quality grade paper products installed in appropriate dispensers. • Replacement liners shall be of sufficient strength, quality and of the correct size to fit the receptacles in which they are to be inserted and no offensive odors shall be detected from showers or rest room floor drains. • Any maintenance problems with the water fountains and the soap, towel and/or toilet seat dispensers shall be reported to the Parks Supervisor and Parks Lead. DETAILED GLASS SURFACES SPECIFICATIONS: • As needed, wash clean all glass surfaces on both sides with provided glass cleaner. • Wipe dry with clean, lint free cloth or squeegee dry. • Clean mirrors with a quality grade glass cleaner with ammonia water and wipe or polish clean with a clean, lint free cloth or squeegee dry. Glass Surface Cleaning Standards: • Properly cleaned glass surfaces and adjacent surfaces are free of all blemishes, streaks, marks, film and other visible, unsightly appearances as needed. SUPPLIES: Cleaning supplies and paper goods will be supplied by the city and stored in bulk at a central location determined by park maintenance staff. Supplies are to be delivered to and stationed at each restroom facility. It is the contractor's responsibility to notify Park Supervise and Park Lead when supply quantities require re-ordering. All utility rooms utilized by the contractor shall be kept in an orderly manner. MAINTENANCE PROBLEMS: It is the contractor's responsibility to remove foreign objects from fixtures and plunge any clogs before reporting maintenance problems to the park maintenance staff. All other maintenance issues should be reported to Parks Supervisor and Parks Lead. SAFETY: Warn users of any temporary conditions with "out of order signs". Display "Caution Wet Floor" signs when mopping and leave until dry. SPECIAL EVENTS: The contractor may be required to assist with special event coverage including additional cleanings and restocking of specific restrooms during high usage events. The city will provide as much notice as possible to properly schedule for these changes in frequency. City of Central Point Park Restroom Janitorial Service Estimated Monthly and Annual Costs Parks Monthly Price ( Annual Price Park Restrooms Opened All Year Don Jones Memorial Park $1,463.12 $17,557.44 Robert Pfaff Park $856.46 $10,277.52 Don and Flo Bohnert Farm Park $321.17 $3,854.04 Twin Creeks Park $1,231.16 $14,773.92 Park Restrooms Closed During Winter- Open Eight(8) Months Each Year* Flanagan Park $321.17 $2,569.36 Van Horn Park $321.17 $2,569.36 Forest Glen Park $321.17 $2,569.36 William Mott Memorial Park $321.17 $2,569.36 Joel Tanze Skate Park $321.17 $2,569.36 TOTAL ANNUAL COST $59,309.72 , *Closures dates will vary depending on weather conditions, etc.