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2013-060 Contract - Terrasurvey
Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Terra Survey, Inc. -ASHLAND CONTACT: Richard F. Alspach 20 East Main Street Ashland, Oregon 97520 ADDRESS: 274 Fourth Street, Ashland OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 482-6474 DATE AGREEMENT PREPARED: 2/22/13 FAX: (541) BEGINNING DATE: March 4, 2013 COMPLETION DATE: April 30, 2013 COMPENSATION: $8900 SERVICES TO BE PROVIDED: as stated in the attached proposal from Terra Survey /$8900 ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specked, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work 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. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,494 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify.and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, 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 contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at an time b City upon 30 days' notice in writing Contract for Personal Services, Revised 06/30/2012, Page 1 of 5 and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specked herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurers to Contract for Personal Services, Revised 06/30/2012, Page 2 of 5 the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and noncontributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant- City of As74-- By By . Signature Department Head Q,w_p T::~ Av--oPk-r-,ii Print Name Print Name toeuf 2ky/!3 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. / AP ROE FORM Sig ature 3-4-r' Date Contract for Personal Services, Revised 06/30/2012, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ✓ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. ✓ (3) Telephone listing is used for the business separate from the personal residence listing. 1L (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. f✓ (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Personal Services, Revised 06/30/2012, Page 4 of 5 TERRASURVEY, INC. L rla.r:rnoxls twig 482-6474 - - 1)ROFESSIONA1, LAND SURVEYORS Ia.I%; TONll. Wrrnin ibigtnul 274 IYWlrrii STREET ASHLAND, 01M.'ON 97.520 ASHLAND, OREGON 97620 PROPOSAL DATE: February 5, 2013 CLIENT: PARKS JOB SITE ADDRESS: Calle Guanajuato MAP NO: 39 1 E 09BB TAX LOT: ORDERED BY: BILL TO: Rachel Dials Same Recreation Superintendent City of Ashland Parks and Recreation 340 S. Pioneer Street Ashland, Oregon 97520 SCOPE OF WORK: We propose to provide a boundary survey to determine the line between the private properties and the City of Ashland property through the alley know as Calle Guanajuato. Initially, as part of the boundary survey, we will research the individual deed references and complete a field traverse around the buildings involved. The traverse will locate existing survey monuments and comers of buildings. We will then combine the deed information and results of the traverse to resolve the boundary. Once the boundary is resolved, we will set survey monuments and file a Map of Survey in the office of the County Surveyor. The information from the boundary survey can be combined with site information (building locations, stairs, planters, etc.) gathered by this office as part of a topographic survey completed in 2007. ESTIMATE: $8,900 for budgeting purposes Work to complete the above scope of work will be billed on an hourly basis at the rates listed on page 2 of this proposal P11ge I of 2 THIS PROPOSAL AND ESTIMATE IS FOR THE SCOPE OF WORK DESCRIBED ABOVE. ANY REQUESTED ADDITIONAL WORK ABOVE AND BEYOND THE SCOPE OF WORK SO DESCRIBED WILL BE BILLED AT THE FOLLOWING RATE: OFFICE $ 80/HR PROFESS-10NAL $ 951HR FIELD(TWO PERSON CREW) $ 150/HR THERE ARE NO UNDERSTANDINGS OR AGREEMENTS EXCEPT AS HEREIN EXPRESSLY STATED. BILLS ARE RENDERED UPON COMPLETION OF THE WORK DESCRIBED ABOVE, AND ARE DUE AND PAYABLE UPON RECEIPT. AN INTEREST CHARGE OF 1.5% PER MONTH (18% PER YEAR) WILL BE CHARGED FOR OVERDUE FEES. IF IT BECOMES NECESSARY TO FILE SUIT IN THE COURTS TO COLLECT FEES DUE, REASONABLE LEGAL COSTS, INCLUDING ATTORNEY FEES, SHALL BE PAID BY THE SIGNING RESPONSIBLE PARTY. UNLESS OTHERWISE STATED IN THE ABOVE SCOPE OF WORK, ALL FIELD NOTES AND ELECTRONIC FILES GENERATED BY THIS SURVEY ARE TO REMAIN THE SOLE PROPERTY OF TERRASURVEY, INC. WORK DESCRIBED TO BE PERFORMED IN THIS AGREEMENT WILL NOT BE UNDERTAKEN UNTIL THIS WORK AGREEMENT IS SIGNED BY THE REQUESTING RESPONSIBLE PARTY. THIS ESTIMATE SHALL EXPIRE 60 DAYS FROM THE ABOVE DATE. TERRASURVEY, INC. ATE SIGNATURE OF RESPONSIBLE PARTY DATE Print Name Pogo P of 'I. David Lohman From: Stuart Osmus [stuartls@bisp.net] Sent: Thursday, March 14, 2013 3:30 PM To: david.lohman@ashland.or.us Subject: Terrasurvey Corporate Officers Mr. Loman, Terrasurvey is an 'S' corporation. Our three employees are also company owners, Corporate Officers and Directors. Our titles are: Richard F. Alspach, President, Stuart M. Osmus, Vice President and Fred A. Frantz, Secretary Treasurer. We each have 33 1/3 percent company stock ownership. Let me know if you have any questions. Stuart Osmus Terrasurvey, Inc. 274 Fourth Street Ashland, Oregon 97520 541-482-6474 0 1 Racheibials From: TerraSurvey [terrain@bisp.net] Sent: Friday, March 01, 2013 2:42 PM To: Rachel Dials Subject: Re: Insurance-Calle Guanajuato Attachments: CERTIFICATE OF INSURANCE AUTO-GENERAL 3-1-13.pdf Hi Rachel, Attached is the certificate for the Auto Liability and General Liability insurance. I will work on the Professional Liability certificate on Monday. We are exempt from Workers Compensation Insurance since we have no employees who are not also principals, corporate officers, and stock holders in the company. If you have any questions please don't hesitate to contact me. Thanks, Richard F. Alspach, PLS TerraSurvey, Inc. 274 Fourth Street Ashland, Oregon 97520 (541) 482-6474 terrain (a)bisp. net www.terrasurveVinc.com t CERTIFICATE OF LIABILITY INSURANCE °1112'013 3/1/2 13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ME CT Julie Asher Ashland Insurance Inc PHONE (541) 482-0831 aC No • (541)488-5851 585 A Street Suite 1 AE7pmpAIg6s,iusher@ashlaadinsurance.com P. O. BOX 880 INSURER(S) AFFORDING COVERAGE NAIC0 Ashland OR 97520 INSURER A As surd oe Company America 9305 INSURED INsuRERB:North Pacific Ins. Co. 3892 TERRASORVEY, INC INSURER L: 274 4TH STREET INSURERD: NEURER E: ASHLAND OR 97520-2044 INSURER F: COVERAGES CERTIFICATE NUMBER:CL12101503797 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSft Lm TYPEOFINSURAHCE eR PODCYNUMBER JMIDDDEFF MM/OD EXP LIMITS _aMaim GENERAL LABILITY EACH OCCURRENCE 5 1,000,000 RENT X COMMERCIAL GENERAL LABILITY PREMISS a nw 5 1,000,000 A CLAIMS-MADE OCCUR X AS043357319 /10/2012 /1012013 MED EXP(AW One pmeon 5 10,000 PERSONAL S ADV INJURY $ 11000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE PMIIT"PLIES PER PRODUCTS - COMPIOP AGO 5 2,000,000 POLICY LOC X 5 AU70MOEILE LABILITY 0 BINEOS LIMIT a 1 000 Q00 H ANY AUTO BODILY LY INJURY (Per paean) 5 ALL AUTOS OWNED X AUTTO5ULE0 X 12151749 0/30/2012 0/30/2013 g001LY INJURY (PeroaldeM) S HIREDAUTOS ANOmN,0 NON-OWNED PROPER DAMAGE Paracdda S Unhuvad momdu cvnbY,ae 5 1 000 000 UMBRELLA QAB OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAIMS-MADE AGGREGATE S OED RETENTIONS 5 WORKERS COMPENSATION WLSTATLL OTH- AND EMPLOYERS'LABILITY YIN ANY PROPRIETORIPARTNER(EXECURVE OFRCERRAEMSER EXCLUDED7 F-1 N/A EL EACHACCIDENT S (Mandabry In NH) Il yes, da4ama uodaz EL DISEASE-EA EMPLOYE 5 DESCRIPTION OF OPERATION96almv E.I. DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Rtmurks Schodul% It mom 811=0 is mqulmd) The City of Ashland, OR and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultants service to be provided under this contract. CERTIFICATE HOLDER CANCELLATION (541) 488-5320 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 F. Main St. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Julie Asher ' v - ACORD 28 (2010/05) ©1988 610 ACORD CORPORATION. All rights reserved. INS026 (zDBxlsl.D1 The ACORD name and logo are registered ma of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (PRIMARY INSURANCE) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF ASHLAND 20 E MAIN ST ASHLAND OR 97520 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that Insured. The Insurance provided by this endorsement is primary insurance and we will not seek contribution from any other Insurance available to the person or organization shown In the Schedule unless the other Insurance Is provided by a contractor other than you for the same operation and job location. Then we will share with that other insurance by the method described in paragraph 4.c. of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV). Paragraph 2.f. of WHO IS AN INSURED (Section II) does not apply to the person or organization shown in the Schedule. 801418 Ed. 3-96 Indudus mpydghled maledal of the Inwmrce 9eM®s Mce, Inc., with its pomtssla Ac RO• CERTIFICATE OF LIABILITY INSURANCE DATE 03/04/2013 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PROIwcER Phone. (360) 5983700 Fax: (360)$ 37W DoNT"cT MICHAEL J. HALL & COMPANY MICHAEL J. HALL & COMPANY NPMEE HALL & COMPANY Aic NN En: (360) 598-3700 . (360) 598-3703 E NAIL 1966010TH AVENUE N.E. ADDRESS: POULSBO WA 98370 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA Lloyd's Of London, Syndicate # 623 INSURED Terresurvey, Inc INSURERS 274 Fourth Street INSURERC Ashland, OR 97520 NSURER D: NSURER E INSURERF COVERAGES CERTIFICATE NUMBER: 181270 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBl1 POLICY NUMBER POLICY Err POLICY ESP LIMITS LTR INSR NNp MMN IMWDD1YYYO GENERAL UABIUTY EACH OCCURRENCE $ M To REmeD $ COMMERCIAL GENERAL LIABIUTY PREMISES( (Ea om,rence) CLAIMS-MADE OCCUR MED. EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERALAGGREGATE $ GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOPAGG $ POLICY PRQ JECT LOC $ AUTOMO&LE UABIUTY COMBINEDSINGLEUMF (Ee acdEenq $ ANY AUTO BODI LY I NJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIREDAUTOS NONMED TROIFERTY DAMAGE $ (NOS rAa ePieeml S UMBRELLA LIAO OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATIF T-TOT-H AND EMPLOYERS' WBKnY TORY LIMITS ER $ ANY PROPRIETORIPARTNERIELECUTNE YIN E.L. EACH ACCIDENT $ OFRCERMAEMBER UCLUDEDi J NIA IMmIlAtory In NHl E1 . DISEASE-EAEMPLOYEE $ DESCRIPTION DFre RIPTION OF FPERATIONSadaw E.L. DISEASE-POLICY LIMIT $ OF O A Professional Liability: Claims Made Form 11389953211013 02108113 02108114 $1,000,000 Per Claim Retro Date: $1,000,000 Aggregate February 1, 1999 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, R more space Is required) Project: Calls Guanajuato Survey CERTIFICATE HOLDER CANCELLATION ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRIZSENMATIE Attention: Rachel Dials Jen Caizza ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TERRRASURVEY, INC. G~ - TELEA uovr (541) 482-6474 PROFESSIONAL LAND SURVEYORS ELp flrllONl/: tnrnd n( ~lbisp.nef 274 MUFMI STRFET ASHLAND, OREGON 97520 ASHLAND, OItPY,ON 97520 PROPOSAL DATE: February 5, 2013 CLIENT: PARKS JOB SITE ADDRESS: Calle Guanajuato MAP NO: 39 1 E 09BB TAX LOT: ORDERED BY: BILL TO: Rachel Dials Same Recreation Superintendent City of Ashland Parks and Recreation 340 S. Pioneer Street Ashland, Oregon 97520 SCOPE OF WORK: We propose to provide a boundary survey to determine the line between the private properties and the City of Ashland property through the alley know as Calle Guanajuato. Initially, as part of the boundary survey, we will research the individual deed references and complete a field traverse around the buildings involved. The traverse will locate existing survey monuments and corners of buildings. We will then combine the deed information and results of the traverse to resolve the boundary. Once the boundary is resolved, we will set survey monuments and file a Map of Survey in the office of the County Surveyor. The information from the boundary survey can be combined with site information (building locations, stairs, planters, etc.) gathered by this office as part of a topographic survey completed in 2007. ESTIMATE: $8,900 for budgeting purposes Work to complete the above scope of work will be billed on an hourly basis at the rates listed on page 2 of this proposal Page I of 2 THIS PROPOSAL AND ESTIMATE IS FOR THE SCOPE OF WORK DESCRIBED ABOVE. ANY REQUESTED ADDITIONAL WORK ABOVE AND BEYOND THE SCOPE OF WORK SO DESCRIBED WILL BE BILLED AT THE FOLLOWING RATE: OFFICE $ 80/14R PROFESSWNAL $ 95/HR FIELD(TWO PERSON CREW) $ 1501HR THERE ARE NO UNDERSTANDINGS OR AGREEMENTS EXCEPT AS HEREIN EXPRESSLY STATED. BILLS ARE RENDERED UPON COMPLETION OF THE WORK DESCRIBED ABOVE, AND ARE DUE AND PAYABLE UPON RECEIPT. AN INTEREST CHARGE OF 1.5% PER MONTH (18% PER YEAR) WILL BE CHARGED FOR OVERDUE FEES. IF IT BECOMES NECESSARY TO FILE SUIT IN THE COURTS TO COLLECT FEES DUE, REASONABLE LEGAL COSTS, INCLUDING ATTORNEY FEES, SHALL BE PAID BY THE SIGNING RESPONSIBLE PARTY. UNLESS OTHERWISE STATED IN THE ABOVE SCOPE OF WORK, ALL FIELD NOTES AND ELECTRONIC FILES GENERATED BY THIS SURVEY ARE TO REMAIN THE SOLE PROPERTY OF TERRASURVEY, INC. WORK DESCRIBED TO BE PERFORMED IN THIS AGREEMENT WILL NOT BE UNDERTAKEN UNTIL THIS WORK AGREEMENT IS SIGNED BY THE REQUESTING RESPONSIBLE PARTY. THIS ESTIMATE SHALL EXPIRE 60 DAYS FROM THE ABOVE DATE. ~ 5 13J3 TERRASURVEY, INC. ATD E SIGNATURE OF RESPONSIBLE PARTY DATE Print Name Pogo 2 of 2 TERRAsuiavEY, INC. TELEPHONE:(541)4825474 PROFESSIONAL LAND SUIVEYORS ELECTIIONU` terrain@bislxnet 274 FOURTH STREET ASHLAND, OREGON 97520 Terrasurey, Inc. has been the primary surveyor for the City of Ashland under the public works General Surveying Services contract since October of 2000. As such we have been involved with numerous surveying projects for the Department of Public Works as well as the Department of Parks and Recreation which involved property boundaries, property line adjustments, partitions, and easement descriptions. Those projects specific to the Calle area include the following: 2002 We provided a topographic survey for Kerry Kencairn & Associates to design a stairway and landscaping along the west side of the creek opposite the Calle. 2006 We surveyed the area adjacent to Munchies Restaurant at the north end of the Calle and prepared a legal description for a landscaping easement 2007 We provided a detailed topographic survey of the entire Calle from Winbum Way to North Main street for the Department of Parks and Recreation 2008 Working with a deed plot provided by Jim Olson, City Surveyor, we employed our existing survey control network to marked an approximate deed line with paint for the purpose of initiating a dialog with property owners about public vs. private ownership limits in the Calle. At this time, Jim provided us with copies of the deeds which he used to prepare hisvey. 2012 We provided a topographic survey of the Ashland Plaza for Covey-Pardee Associates for design of the Ashland Plaza Project. We believe our history working with the City of Ashland and our familiarity with the proposed project and project area makes us ideal candidates. For additional information about TerraSurvey, please visit our website at: www.terrasurveyinc. com. CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Approval of Special Procurement for Boundary Survey Work on the Calle Guanajuato. FROM: Don Robertson, Director, Ashland Parks and Recreation, don.robertson@ashland.or.us SUMMARY This is a request for City Council, acting as the Local Contract Review Board, to approve an exemption from the competitive bid process and directly award a contract to Terra Survey to provide a boundary survey, individual deed references and a field traverse around the buildings along the Calle Guanajuato, in order for Parks and Recreation staff to work with property owners to resolve any boundary line issues prior to resurfacing the Calle Guanajuato this Fall 2013. BACKGROUND AND POLICY IMPLICATIONS: The Parks department is scheduled to resurface the Calle Guanajuato beginning in late fall of 2013. Many details have to be worked out before the project can begin. Terra Survey will be conducting a boundary survey that will be used by Parks and Recreation staff to resolve any boundary line issues prior to resurfacing of the Calle Guanajuato. Terra Survey provided a detailed topographic survey of the Calle in 2007 and a deed plot in 2008. Their prior work makes them uniquely qualified to do this boundary survey. FISCAL IMPLICATIONS: The cost of this piece of the project is $8,900. The funds were budgeted in FY `13 in the Capital Improvement Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the Special Procurement to Award contract. SUGGESTED MOTION: I move that Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached Special Procurement Request for Approval and approve the Special Procurement described therein. ATTACHMENTS: Special Procurement-Request for Approval (Written Findings) Pape 1 of 1 Ir, CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Don Robertson, Parks and Recreation Director Date: 2-8-13 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The department's intent is to contract with Terra Survey by February 28, 2013 for a boundary survey in preparation for the resurfacing project on the Calle Guanajuato scheduled for this Fall 2013. The department would like to contract with Terra Survey to provide a boundary survey, individual deed references and a field traverse around the buildings along the Calle Guanajuato, in order for Parks and Recreation staff to work with property owners to resolve any boundary line issues prior to resurfacing the Calle Guanajuato this Fall 2013 The estimated cost and amount budgeted is $8900. The timeline of the intended contract will be February 28, 2013 through June 30, 2013. The department has developed and fully plans to implement a written plan for utilizing such services, which will be included in the contractual statement of work. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City and Parks staff do not have the personnel and resources to perform the services required under this contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 2/12/2013 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Don Robertson, Ashland Parks and Recreation Date: 2-8-13 Subject: REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Parks and Recreation 2. Department Contact Name: Rachel Dials 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From February 28, 2013 To: June 30, 2013 5. Total Estimated Cost: $8900 6. Short title of the Procurement: Soecial Procurement for Boundary Survey work on the Calle Guanajuato Supplies and/or Services or class of Supplies and/or Services to be acquired: Terra Survey to provide a boundary survey, individual deed references and a field traverse around the buildings along the Calle Guanajuato, in order for Parks and Recreation staff to work with property owners to resolve any boundary line issues prior to resurfacing the Calle Guanajuato this Fall 2013. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: This contract specific special procurement is being used to seek an exemption from the competitive bid process to directly award a contract to Terra Survey. Terra Survey has worked with the department and the City within the past 10 years on a topographic survey for the Calle Guanajuato, deed plots and the most current for the Ashland Plaza project. See the attached letter. Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 2/12/2013 Propdsed procedure: Directly award contract to Terra Survey 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. In 2007 Terra Survey provided a detailed topographic survey of the entire Calle from from Winburn Way to North Main street and worked on a deed plot for the Calle in 2008. See attached letter. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Terra Survey already has knowledge of the Calle because of their previous topographic survey and deed plot work. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 2796.060, 279B.065, or 27913.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 211212013 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us-February 20, 2013 (fapproved by Council) PUBLIC NOTICE Aanroval of a Special Procurement First date of publication: February 20, 2013 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on ifapproved, February 19, 2013. This is a "contract specific special procurement" to directly award a contract to Terra Survey to provide a boundary survey, individual deed references and afield traverse around the buildings along the Calle Guanajuato, in order for Parks and Recreation staff to work ivith property owners to resolve any boundary line issues prior to resurfacing the Calle Guanajuato this Fall 2013. The timeline of the intended contract will be February 28, 2013 through June 30, 2013 It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Ashland Parks and Recreation, Rachel Dials, 340 S. Pioneer St. Ashland OR 97520. The seven (7) protest period will expire at 5:00pm on February 27, 2013 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 211212013 TERRASURVEY, INC. TFtYWHONK (541) 482-6474 PROFESSIONAL LAN]) SURVEYORS ter inebisp.net 274 FOHRTH s,rRF.ET www.terrasu rveyina~m ASHLAND, 011MON 97520 TRANSMITTAL DATE: 2-27-13 JOB NO: TO: Rachel Dials Recreation Superintendent Ashland Parks and Recreation 340 S. Pioneer Street Ashland, OR 97520 SUBJECT: Calle Survey Contract Enclosed is a completed and signed contract along with a completed W-9 form. The requested insurance certificates are forthcomming. If you have any questions please don't hesitate to call me. Regards, 09 Ric . Alspach, PLS cc: CITY RECORDER Page 1 / 1 ASHLAND CITY OF DATE PO NUMBER 20 E MAIN ST. 3/18/2013 11491 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 003354 SHIP TO: Ashland Parks TERRASURVEY INC C/O 90 N. MOUNTAIN 274 FOURTH STREET (541) 488-5354 ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: contact: Rachel Dials Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Boundary Survey on Calle Guanajuato to 8,900.00 determine line between private property and City property throuqh the alley known as Calle Guanajuato. Contract for Personal Services Beginninq date: March 4, 2013 Completion date: April 30, 2013 SUBTOTAL 8,900.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 8,900.00 ASHLAND, OR 97520 Account Number . Project Number. Amount Account Number,''. Project Number Amount E 410.03.22.00.70420 E 000296.999 8,900.00 z4< Authorized Signature VENDORCOPY FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: ZS I;. Required date for delivery: 3m4 /13 Vendor Name r Address, City, State, Zip 2-1} fflgjl (Shrr (1tfA 7S7 t7 Contact Name & Telephone Number 1(bunr'.~ m%jxlr,h rswI n- ug1Li Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intergovernmental Agreement $5.000 to $75.000 Form #g, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment Written quote or proposal att hed Date original contract approved by Council: ❑ (3) Written proposals attached ate approved by Council: I4 13 (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost e( $vrv trCDUU(z. (Aur"t~ F:t hu t~ $~100`~ •SV r'~oiun..~.tJ • 5tzc~,lYuu-mod p~opo)c•-1' $ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ] Per attached quotelproposal Project Number DQpZ~~-gQ(i Account Number ljo-03-?L-CO.1Qy,,Z.Qt-) Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support -Yes/No signing this r quiskion form, I certify that the City's public contracting requirements have Zen satisfied. Employee Signature: 1G LblI G \(4L,) Department Head Signature: (Equal to or greater than $5,000) City Administrator: / (Equal to or greater t ran $ Funds appropriated for current fiscal year NO AK .7 2&X Finance Director- (Equal too neater than $5,000) Dat Comments: A4- ~~"n^"~+-~-~ , Form #3 - Requisition