HomeMy WebLinkAbout2016-191 Contract - Right of Way Associates
Contract for Personal Services less than $35,000.00
CITY OF CONSULTANT: Right of Way Associates, Inc.
-AS H LAND CONTACT: R. David Feinauer
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 10186 SW Laurel Street
Telephone: 541/488-6002 Beaverton, OR 97005
Fax: 541/488-5311
TELEPHONE: 503-644-7400
DATE AGREEMENT PREPARED: 07/07/2016 EMAIL: david@rowainc.com
BEGINNING DATE: 07/07/2016 COMPLETION DATE: 6/30/2017
COMPENSATION: See exhibit C; not to exceed $9,900.00
SERVICES TO BE PROVIDED: Provide right-of-way acquisition services for the Independent Way project as
described in exhibit C.
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said prima City of Ashland Contract.
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 specified, 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 compiete 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 $20,283.20 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 an losses, expenses, claims, subro ations,
Contract for Personal Services less than $35,000.00, Page 1 of 5
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 any time by City upon 30 days' notice in writing
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 specified 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 he 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:
$250,000, $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.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
Contract for Personal Services less than $35,000.00, Page 2 of 5
$100,000, $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 insurer(s) to
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, excluding Professional
Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided
under this Contract. The consultant's insurance is primary and non-contributory. 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 ccurts. 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 by reference.
Consultant: City of Ashland
-)at, _Z,1C By
Signature Department Head
Print Name Print Name
P, (2 Cl~,'/d,12 j,t L/ ~ /G
Title Date
W-9 One copy of a W-9 is to be submitted with •
the signed contract. Purchase Order No.
Contract for Personal Services less than $35,000.00, 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.
(4) Labor or services are performed only pursuant to written contracts.
x (5) Labor or services are performed for two or more different persons within a period of one
year.
(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 less than $35,000.00, Page 4 of 5
CITY OF ASHLAND9 OREGON
EXHIBIT B
City of Ash land
LIVING
•
per hour effective June 30, 2016
(Increases annually evary June 30 by the
ILI Consumer Price Index)
portion of business of their 401 K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the projector the employee.
➢ For all hours worked under a business from the City of
service contract between their Ashland in excess of ➢ Note: "Employee" does not
employer and the City of $20,283.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve-
Ashland including the Parks month period. For more
➢ For all hours worked in a and Recreation Department. details on applicability of this
month if the employee spends policy, please see Ashland
50% or more of the ➢ In calculating the living wage, Municipal Code Section
employee's time in that month employers may add the value 3.12.020,
working on a project or of health care, retirement,
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
Contract for Personal Services less than $35,000.00, Page 5 of a
exhibit C
1 01 B6 SW LAUREL STREET
ROWA BEAVERTON, OR 97005
P (503) 644-3436 F (503) 644-7400
"IGHT OF WAY ASS()_a.-ATi S, 1,N-l" INFO@ROWAINC.COM
WWW.ROWAINC.COM
July 6, 2016
City of Ashland
Michael R. Faught, Public Works Director
51 Winburn Way
Ashland, OR 97520
Subject: Proposal for Right of Way Acquisition Services for the Independent Way Project
Dear Mr. Faught,
In response to your request, the following proposal for right of way acquisition services for the independent
Way Project for the City of Ashland is presented for consideration. We are prepared to provide the services
based on the scope of work and noted assumptions for an amount not-to-exceed $9,900 as shown in the
Fee Estimate attached.
Our understanding of the scope of work and services required is that we conduct acquisition negotiations
with the owners or managers of two properties impacted by the project and based on the appraised and/or
reviewed values. The anticipated tasks are:
• Document preparation and file management
o Prepare acquisition documents
o Setup and maintain negotiation files
o Gather and examine title information
o Assure compliance with State, County, and City standards
• Negotiations with two property owners
o Present offers and work to accomplish agreement
o Coordination with stakeholders regarding policy issues
O Maintain a file to preserve documetns and provide a record of negotiation
o Keep a property owner contact log as required by state law
• Closing activities
o Coordinate recording of acquired documents
o Transmit negotiation and other files to City for storage
During the course of the project, itemized invoices reflecting actual labor time and costs will be submitted
against this not-to-exceed amount. We are prepared to begin work immediately upon receipt of notification
to proceed. I may be contacted by phone at (503) 644-3436 or by email at david (a)- rowainc.com.
Sincerely,
ft r
R. David Feinauer, President
Fee Estimate
Personnel Costs Hours x Rate = Cost
Project Manager 1 x $105 = $ 105
Project Coordinator 27 x $84 = $2,268
Acquisition Agent 75 x =
$84 $6,300
Support Staff 5 x $50 = $ 250
Estimate of Personnel Costs = $8,923
Direct Costs No. x Amount = Cost
Lodging and Meals 3 x $100 = $ 300
Mileage = $ 600
Postage = $ 40
Estimate of Personnel Costs = $ 940
Total Estimate of Costs = $9,863
Rounded = $9,900
2 Page
Notes and Assumptions
• Start of Services: Verbal approval has been given to make initial contacts with property owners
in advance of the contract for services being signed by both parties. ROWA will make these
contacts.
• Appraisal Reports: We have been provided a copy of the appraisal of the Ipco Development
Property and the Shree Jalaram Hospitality LLC, both performed by Jeffrey Marineau. We
also have a copy of an appraisal Review of the Ipco Development property provided by Jim
Lingeman. We were not provided with a review of the Shree Jalaram Hospitality LLC property
taking.
• Preliminary Title Reports: Our costs do not include Preliminary Title Reports. We were provided
with a Public Record Report for the Ipco Development parcel but not for the Shree Jalaram
Hospitality LLC parcels. This type of report does not provide the detail we usually have when
preparing acquisition documents. In a discussion with Shawn of Polaris Survey, we agreed that
Polaris would obtain the correct reports for use in legal description preparation and provide
them to ROWA for use in document preparation.
• Granting Document: We also assume that the City of Ashland Dedication Deed for Street and
Road Purposes will be the granting document presented to the property owners and that a
closing in escrow will not be required.
• Recording: We assume that the City will administer the document recording process.
• Relocation: No personal property that will qualify for relocation is assumed to be in the
acquisition areas of either of the parcels.
• Travel assumptions: Much of the communications can be undertaken via phone and email
correspondence. However, in order to establish a face to face relationship with the property
owners, offers and some follow up coordination are assumed to require three overnight visits to
Ashland.
• Condemnation: This proposal does not include services associated with condemnation.
• Overhead Costs: ROWA will assume responsibility for all telephone, computer, and other minor
miscellaneous costs incurred by ROWA staff during the project. The cost of standard and
certified mailing for the project will be billed to the client/agency. Mileage expenses will be
charged at the current federal mileage rate during the project
3 1 P a a e
Purchase Order
Fiscal Year 2017 Page: 1 of: 1
TH IS--NUMBER MUST AP- F'F.AR ~ -014 ALL
INVO - ICES, _PACKAGES ANt SHIPPING PAPERS.
B City of Ashland
ATTN: AP =
L Purchase 3~
L 20 E. Main
Ashland, OR 97520 Order #
T
O Delivery must be made within doors of
specified destination.
V S
E RIGHT OF WAY ASSOCIATES INC H C/O Public Works Department
N 10186 SW LAUREL STREET
D BEAVERTON, OR 97005 P 51 Winburn Way
O T Ashland, OR 97520
R O
endor Vendor Fax_Number - ` Regais~ttOR Nu
Tl Rhi9ne
umber rrmber - _DeTnz v S fer ns -
5.03 6_64-3436 TAMI DEMILLE CAMPOS
D-ate Ordi -a
_endvr Number - gate Faquired- Freight;Methodri'erms - Dpmen#laftvn_ _
- -
07/18/2016 965 FOB ASHLAND OR City Accounts Payable
1m#i Descri ion/PartNa QTY UON1- Unit etend~d Pace
ACQUISITION SERVICES
The Above Purchase Order Number Must Appear On All
Correspondence - Packing Sheets And Bills Of Lading
1 Provide right of way acquisition services for Independent Way 1.0 $9,900.00 $9,900.00
project as described in exhibit C.
Contract for Personal Services less than $35,000.
Beginning: 07/07/16
Completion: 06/30/17
GL Account: $9,900.00
GL SUMMARY
081200 - 704200 $9,900.00
By: 1
Authorize Signature =
By:
Authorized Signature PQ.-Total - $9,900.00
FORM #3 CITY OF
ASHLAND
REQUISITION Date of request: 07/07/2016
Required date for delivery: ASAP
Vendor Name Riot of VVa Assnc-Oates, Inc
Address, City, State, Zip 10186 SW Laurel Street Beaverton OR 97005
Contact Name & Telephone Number R. David Feinauer 503-644-7400
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 Attach co of council communication _(If council approval required, attach co of CC
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
Date approved by Council:
❑ Direct Award -(Attach copy of council communication) 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 and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency
® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication)
Description of SERVICES Total Cost
Provide right-of-way acquisition services for the Independent Way
project as described in exhibit C.
$9,900.00
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quote/proposal $9,900.00
Project Number 2013-25 Account Number 260.08.12.00.704200
- - -
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:
/T Director Date Support -Yes /No
By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied.
$ e ~
Employee Department Head:
(Equal to or greater than $5,000)
Department Manager/Supervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year ' ES / NO
f r' ~
k Finance Director- (Equal to or Beater than $5, 000) Date
Comments:
Form #3 - Requisition