HomeMy WebLinkAbout2024-050 PO 20250058 Pacific Crest Surveying, Inc.L
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City of Ashland
ATTN: Accounts Payable
20 E. Main
Ashland, OR 97520
Phone: 541 /552-2010
Email: payable -_ashland.or.us
PACIFIC CREST SURVEYING, INC.
131 HELMAN STREET
ASHLAND, OR 97520
Purchase Order
Fiscal Year 2025 Page: 1 of: 1
�� WR � IF , I Fiffilirri,
Purchase Order # 20250058
H C/O Public Works Department
1 51 Winburn Way
p Ashland, OR 97520
Phone: 541 /488-5347
T Fax: 541 /488-6006
O
Know
20250090
08/06/2024
8105
FOB ASHLAND OR/NET30 Public Works De artment
i
Provide on call Surveying Services
1
Provide on call Surveying Services for various divisions
1.0
EACH
$40,000.00
$40,000.00
Project Account:
Project Account:
Project Account:
Project Account:
Project Account:
Project Account:
Project Account:
Project Account:
*************** GL SUMMARY ***************
080600 - 604100 $3,000.00
081200 - 604100 $7,000.00
081800 - 604100 $3,000.00
086000 - 604100 $3,000.00
086100 - 604100 $3,000.00
086600 - 604100 $3,000.00
088100 - 604100 $15,000.00
088400 - 604100 $3,000.00
By:
Authorized Signature
Date:
$40,000.00
A
CITYOF
City Information
City of Ashland
Attn: Chance Metcalf
20 East Main Street
Ashland, Oregon 97520
Consultant Information
Firm Name: Pacific Crest Surveying
Contact: Curt Chappell
Address: 131 Helman Street
Ashland, OR 97520
Phone: (541) 488-5587 Phone: 408-375-5220
Email: chance.metcalf@ashland.or.us Email: curt@pc-surveys.com
Contract Summary
Procurement Method: Direct award
Completion Date: 06/30/2025
Contract Amount: $ 40,000.00 not to exceed
Description of Services: Provide on call Surveying Services
Supporting Documents: 2024 RATE AND EXPENSE SCHEDt6 Dated:
Dated:
Dated:
Dated:
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the
City of Ashland, an Oregon municipal corporation (hereinafter "City") and the Consultant listed
under Consultant Information above, ("hereinafter "Consultant"), for the services listed under
Description of Services and Supporting Documents as noted in the Contract Summary above. In
the event of conflict between provisions of the Supporting Documents, the Supporting Documents
shall be given precedence in the order listed above.
This Agreement, the Exhibits and the Supporting Documents shall be construed to be mutually
complementary and supplementary wherever possible. In the event of a conflict which cannot be
so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in
any of the exhibits or supporting documents. The Consultant's initials [ Ccc 1 herein signify
acknowledgment and agreement to this provision, if applicable, or if not sign "N/A".
Consultant's services are collectively referred to in this Agreement as the "Work."
Page 1 of 8 Personal Services Agreement Between the City of Ashland and Pacific Crest Surveying
NOW THEREFORE, in consideration of the nnUtu8| COveD8DtS contained herein, the City and
Consultant hereby agree as follows:
1' Effective Date and Duration: This Agreement shall become effective on the date of
execution On behalf of the City, as set forth below (the "Effective Date"), and unless sooner
hSn0iO@t8d as specifically provided h8[8iO. Sh8|| t8[DliO8tH UpOO the Citv'S affirmative
acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final
payment therefore, but not |8tH[ than the Completion Date listed under the Contract
Summary iOthe table one page one Ofthis agreement.
1.1.Time isofthe essence. Time iSOfthe essence for Consultant's performance Vfeach
and every obligation and duty under this Agreement. City, bvwritten notice toConsultant
0fdefault 0[breach, may 3tany time terminate the whole 0[any part Ofthis Agreement J
Consultant fails to provide the V\k}[k called for bythis Agreement within the time specified
herein or within any extension thereof.
2. Compensation: City shall pay Consultant the sum listed 8Sthe "Contract Amount" under the
CODt[8Ct 8UDl08ry UD page one of this document as full compensation for Consultant's
performance of all \8k}rk under this Agreement. In OO event Sh8|| CODGU|t@Dt'S total of all
compensation and reimbursement under this Agreement exceed the Contract Amount without
the eXp[8SS' written 8ppnOY8| from the appropriate Department Head Or City Manager.
Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant's
invoice. 8h0U|d this Agreement be terminated prior to cOnnp|GtiOO of all \8k3[k, payments will
be made for any phase of the Work completed and accepted as of the date of termination.
3' Consultant Obligations:
3.1. Independent Contractor Status. Consultant is an independent contractor and not an
employee of the City for any purpose. Consultant oh8U have the COnop|et8 responsibility
for the performance 0fthis Agreement. Consultant shall provide workers' compensation
C0V8[@ge as required in (]R8 Chapter 658for all p8[SODS employed to perform VV0[k
pursuant to this Agreement. Consultant is G SUhieCt employer that will o0nnp|y with C)RG
656.017.
32 Qualified Work. Consultant has represented, and by entering into this AoRae[ne[t now
represents, that all personnel assigned to the Work to be performed under this Agreement
are fully qualified tVperform the services towhich they will be assigned in8skilled manner
and, if required to be registered, licensed, or bonded by the State of Oregon, are so
registered, licensed, Orbonded.
8.3. Assignment. Consultant shall not assign this Agreement O[subcontract any portion Uf
the Work without the written consent ofCity. Any attempted assignment Orsubcontract
without written consent OfCity shall bBvoid. Consultant shall befully responsible for
the acts or omissions of any assigns or subcontractors and of all persons employed by
them, and the approval byCity ofany assignment o[subcontract Ofthe Work shall not
create any contractual relation between the assignee Orsubcontractor and City.
Page 2of8 Personal Services Agreement Between the City of Ashland and Pacific Crest Surveying
5.4. Work Performance Obligation. Consultant GhaU, at its own risk, perform the VVOd(
described in the OeSChDhon of Services and in the Supporting Documents and, UD|eaa
otherwise specified in this Agreement, furnish all labor, equipment, and materials required
for the proper performance Ofsuch Work.
3.5. Certification. Consultant agrees tVand shall sign the certification attached hereto 8S
"Exhibit U and incorporated herein by this reference.
4. Insurance: Consultant shall, at its own expense, maintain the following insurance:
4.1. Worker's Compensation. Worker's Compensation insurance in compliance with ORS
656.017' which nsqUi[8S subject employers tO provide (][e0OD vvO[ke[S' oOnlpenSGtiOO
coverage for all their subject workers.
4.2.Workers' Compensation Exemption. |fapplicable, Consultant affirms and certifies that
it is exempt from providing Workers' Compensation per ORS 050.O27.
Exemption criteria: Enter criteria here or delete if not applicable
Consultant initials Uexempt: Date:
4.3. Professional Liability insurance with @ CODlbiD8d single |irDk. or the equivalent, of not
less than $2.000.UOO(two million dollars) per occurrence. This iSt0cover any damage
caused by error, omission or negligent acts related to the Work to be provided under this
4.4. General Liability iOSV[aDQe with a combined single |innd' or the equivalent, of not |eSG
than $2.0OO.00O(two million dollars) per occurrence for Bodily Injury, De3th'GndPnOpedv
u@nnaQe.
4.5. Automobile Liability insurance with 8 00OlbiD8d Single limit, or the equivalent, of not
less than $2.00O.00O(two million dollars) for each accident for Bodily Injury @ndPnDpHrtv
[}3[O8g8' including coverage for owned, hired or non -owned vehicles, as applicable.
4.6. Notice of cancellation or change. There shall be no oanoeUoUon, material change,
reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days'
prior written notice from the Consultant or its insurer(s) to the City.
47. Additional Insured/Certificates of Insurance. Consultant shall name the City of
Ash|and. Oregon, and its elected OOioi@|S. offiC8[S and employees as Additional Insureds
OD any insurance policies, excluding PrOfeSGiOD@| Liability and Workers' Compensation,
required herein, but only with respect to CoDSUh@Dt'S services to be provided under this
Agreement. The consultant's insurance iS primary and noD-CODt[ibut0[y.ASevidence Of
the insurance coverages required by this Agreement, the CODSU|t@Dt Sh@|| furnish
acceptable iDSU[@OCe certificates prior to onnl[nanniDg the \8k}rk under this Agreement.
The certificate will specify all of the parties who are Additional Insureds. Insuring
Page 3 of 8 Personal Services Agreement Between the City of Ashland and Pacific Crest Surveying
companies orentities are subject tothe Citv'Sacceptance. Ifrequested, 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.
5' Termination:
5. 1. Mutual Consent. This Agreement may be terminated at any time by the mutual consent
52. City's Convenience. This Agreement maybe terminated by City at any time upon not
less than thirty (30) days' prior written notice delivered by certified mail or in person.
5.3. For Cause' {|hv may terminate or modify this Agreement, in vvhV|e 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:
p |fCity funding from federal, state, county o[other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity
0fservices; or
|ffederal o[state regulations O[guidelines are modified, dl8Dg8d' or interpreted
in such Q vvGy that the services are DU |0Dge[ 8UDvv8b|e or appropriate for
pUn:h@Se under this Agreement or are no longer eligible for the funding
proposed for payments authorized bythis Agreement; Or
|fany license or certificate required bylaw 0rregulation tobeheld byConsultant
to provide the services required bvthis Agreement i9for any F88GOD denied,
revoked, suspended, or not renewed.
54. For Default or Breach. Either City or CODSUKGDt may terminate this Ao[8eDleDt in the
event of 8 breach of the Agreement by the other. Prior to such termination the party
seeking termination shall give to the other party written notice of the breach and its intent
to terminate. If the party committing the breach has not entirely cured the breach within
fifteen (15) days of the date of the notice, or within such other period as the party giving
the notice may authorize in vvrihnQ' then the Agreement may be terminated at any time
thereafter by a written notice of termination by the party giving notice.
5.4.1. The Consultant shall beindefault Vfthis Agreement if Consultant:
commits any material breach or default of any covenant, warranty, certification, or
obligation under the Agreement; institutes an action for relief in b@nhnJotov 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 Ob|igsdiUDS under the Agreement; or attempts to assign rights in, or
delegate duties under, this Agreement.
Page 4 of 8 Personal Services Agreement Between the City of Ashland and Pacific Crest Surveying
5.5. Obligation/Liability mfParties. Termination 0rmodification Ofthis Agreement pursuant
tOsubsections 5.1. 5.2, o[53 above shall be without prejudice to any obligations or
liabilities Of either party already accrued prior to such termination or modification.
However, upon F8CeiViOQ @ notice of termination /FeQand|eSS of whether such notice
is given pursuant to SUbSeCtiUO 5.1' 5.2, 5.3, Or 5.4 Of this S8{tiDD. C0OSU|t8Dt
shall immediately C8@Se all activities under this Agreement, UO|8SS expressly
directed otherwise by City in the n0US8 Of termination. Further, upon te[0iO8tiOO'
Consultant shall deliver to City all dOcUnOeOt8, information, vvO[hS-iD-pFOg[8SS and other
property that are or would be deliverables had the Agreement been completed. City
ah@|| pay CODSU|t8Dt for VVOrh performed prior to the termination date if such
Work was performed in accordance with this Agreement.
5.6. The rights and remedies of City provided iDthis subsection are not exclusive and are iO
addition to any other rights and remedies provided by law or under this Agreement.
@. Indemnification: Consultant hereby 80r9eS to defend. indennnifv. Save. and hold City, its
officers, eDlp|Oy88S' and agents h8nD|eGs from any and all losses, d8iD1S' 8ChODS' C0StS'
expenses, judgments, 0rother damages FBSU|tiOg from injury to any person (including injury
resulting in deadh), or damage (iDC|UdiDg |OSS or destruction) to property, of whatsoever
D8tUFH arising out of or incident to the performance of this Agreement by CODSu|t@Dt
(including but not limited to, Consultant's enlp|OyeBS. agents, and 0th8[S designated by
Consultant to perform Work or services attendant t0this /\gree[nent). HOvveVe[, CUDSU|t8nt
Shu|| not be held responsible for any |oSSeG, expenses, d8iDls. C0StS' judgments, or other
damages, caused solely bythe gross negligence nfCity.
7' Consultant's Compliance with Tax Laws: Consultant represents and warrants hothe City
that: Consultant Sh8U C0[Op|y with all Oregon tax |avVS, including but not limited to ORS
305.620' [)F{S 305380(4). and ORS Chapters 310, 317, 318' in addition to any rules,
negu|8tionS, charter pn]ViSi0DS. or ordinances that innp|nnneDt or enforce any of the foregoing
tax |GVVS or pn]ViSioOS and any tax provisions imposed by G pO|i1iC8| subdivisions of the State
of Oregon.
8- Living Wage Requirements: If the amount of this Agreement is $26'429.85 or more,
Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a
living vV8ge^ as defined in that dlaDter, to all employees performing \8hJrk under this
Agreement and to any Subcontractor who performs 50% or more of the VV0[k under this
Agreement. CODSUb@Dt is also required to post the notice attached hereto as "Exhibit B"
predominantly iOareas where itwill beseen byall employees.
9. Notice: VVheOeV8[ D0bC8 is required or permitted to be given under this Agreement, such
notice shall be given in writing to the other party by p8[SOD8| delivery, by sending via 8
reputable C0[O[Oe[Cia| overnight courier, by mailing using registered or certified United States
Dl8i|, r8tU[D receipt requested, postage p[ep8id. or by electronically confirmed at the
addresses set forth oDpage one 0fthis agreement with @ copy to:
Page Smf Personal Services Agreement Between the City ofAshland and Pacific Crest Surveying
City ofAshland — Legal Department
20 E. Main Street
Ashland, Oregon 9752O
10'General Provisions:
10.1. Ownership of Work/Documents: All Work, work product, orother documents
produced infurtherance 0fthis Agreement belong tOthe City, and any copyright, patent,
trademark proprietary or any other protected intellectual property right shall vest in and is
hereby assigned tOthe City.
10.2. Non -appropriations Clause - Funds Available and Authorized: City has
sufficient funds currently available and authorized for expenditure to finance the costs Of
this Agreement within the Citv'Sfiscal year budget. Consultant understands and agrees
that City'S payment of amounts under this Agreement attributable to Work performed
after the |8St day of the current fiSC8| year is contingent OD City appnUp[iabOOS. or Other
expenditure authority sufficient to Q||OVv City in the exercise Of its FeGsOD8b|e
8dnniniot[8dVe diSCnBtiVO. to COOtiDUe to [Dghe payments under this Aur8eOleDL In the
event City has insufficient appropriations, |iDlitGtiODS O[other expenditure 8Uth0rity, City
may terminate this Agreement without penalty Or liability to City, effective UpOO the
delivery of written notice to Consultant, with no further liability to Consultant.
10.3. Statutory Requirements: The following laws Ofthe State OfOregon are hereby
incorporated bvreference into this Agreement: ORS 279B.220.27SB.28Dand
27913.235.
10.4. Nondiscrimination: Consultant agrees that no person shall, on the grounds of
race. color, [e|iAiOO. creed, Sex. noa[ha| Statue' f8Dli|i8| status or domestic p8UO8nShip.
DBtiOOa| VhgiD, age' mental or physical disability, SeXU8| orientation, gender identity o[
SOUrCe of iDCOOle' suffer discrimination in the performance of any VVO[k under this
Agreement when employed by Consultant. CODSU|taOt 8gFe8S to comply with all
applicable requirements of federal and state civil rights and rehabilitation statutes, [U!8S
and regulations. Further, CODSU|tGOt agrees not to discriminate against G
disadvantaged business enterprise, minority -owned business, woman -owned business,
a buSiR8SS that 8 service -disabled veteran owns or an emerging SnnG|| bUSiDeSS
enterprise certified under ORS 200.055. in awarding SUbCVDtn3cts as required by C}F<S
27gA.11U.
10.5. Governing Lam/ This AorHe[DBOi Sh8U be governed by the |gvva of the State of
Oregon without regard tOconflict oflaws principles. Exclusive venue for litigation ofany
action arising under this Ao[88rDeDt Sh8|| be in the Circuit Court of the State of Oregon
for J8ChSOD County UO|eGS exclusive jurisdiction is in fBd8[8| C0Urt` in which C8S8
exclusive venue shall be in the federal district court for the district of Oregon. Each party
8XpPeSS|y waives any and all rights to nl8iDt8iD an @CtiOO under this Agreement in any
Page Gaf Personal Services Agreement Between the City of Ashland and Pacific Crest Surveying
other venue, and expresslyconserts that, upon motion of the other party, any case may
be dinnoiSoed, orits venue tr8DSfB[Red. as appropriate, SU as to effectuate this ohnima Of
venue.
11.88erger: This agreement and the attached exhibits constitute the entire understanding and
agreement between the parties. No waiver, consent, DlOdifiC8tOD or change of terms of this
agreement shall bind either party unless in writing and signed by both parties. Such waiver,
consent, modification or change, if D18d8' Sh8U be effective only in the specific instance and
for the specific purpose given. There are DOunderstandings, agreements, orrepresentations,
Or8| or written, not specified herein regarding this agreement. Consultant, by signature Of its
authorized representative, hereby GChDOVv|edgeS that he/She has read this agreement,
understands it, and agrees tObebound byits terms and conditions.
Page 7 of 8 Personal Services Agreement Between the City of Ashland and Pacific Crest Surveying
WITNESS WHEREOF, the parties have executed this Agreement in their respective names by
their duly authorized representatives as of the dates indicated below. This Agreement may be
executed in two counterparts, each of which shall be deemed an original, with equal force and
effect as if executed in a single document.
City of Ashland:
By:
1-111-KIMIA1
Date
Purchase Order No.
APPROVED AS TO FORM:
N/A
City Attorney
Date
Pacific Crest Surveying (Consultant)
i-gCnature
Curtis C. Chappell
Printed Name
President
Title
08/06/2024
Date
(jL-9 is to be submitted with this signed Agreement)
Page 8 of 8 Personal Services Agreement Between the City of Ashland and Pacific Crest Surveying
City of Ashland
LIVING
➢ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $26,429.65 or more.
➢ For all hours worked in a
month, if the employee
spends 50% or more of the
employee's time in that month
working on a project or
=C-1#
per hour, effective June 30, 2024,
The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
portion of the business of
their employer, if the
employer has ten or more
employees, and has received
financial assistance for the
project or business from the
City of Ashland over
$26,429.65;
➢ If their employer is the City of
Ashland, including the Parks
and Recreation Department,
➢ In calculating the living wage,
employers may add the value
of health care, retirement,
401 K, and IRS eligible
cafeteria plans (including
childcare) benefits to the
employee's amount of wages.
➢ Note: For temporary and
part-time employees, the
Living Wage does not apply
to the first 1040 hours worked
in any calendar year. For
more details, please see
Ashland Municipal Code
Section 3.12.020.
Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager,
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 in areas where it can be seen by all employees.
7:rr.Tf"W
Certifications/Representations: Consultant, by and through its authorized
representative, 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) Consultant 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. Consultant further represents and warrants to City that: (a)
it has the power and authority to enter into this Agreement and perform the Work, (b) the
Agreement, when executed and delivered, shall be a valid and binding obligation of Consultant
enforceable in accordance with its terms, (c) the work under the Agreement shall be performed in
accordance with the highest professional standards, and (d) Consultant is qualified, professionally
competent, and duly licensed (if applicable) to perform the Work. Consultant also certifies under
penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent
contractor as defined in the Agreement, it is authorized to do business in the State of Oregon,
and Consultant has checked four or more of the following criteria that apply to its business.
X (1) Consultant carries out the work or services at a location separate from a private
residence or is in a specific portion of a private residence, set aside as the location of
the business.
X (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
X (3) Telephone listing is used for the business separate from the personal residence
listing.
X (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.
X (6) Consultant assumes financial responsibility for defective workmanship or for
service not provided as evidenced by the ownership of performance bonds,
warranties, errors and omission (professional liability) insurance or liability insurance
to the Work or services to be provided.
(Itial
onsult Q_s'g nature
08/06/2024
Date
Page 1 of 1: Exhibit C
HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
Classification
SurveyPrincipal..........................................................................................................
Survey Project Manager...........................................................................................
Survey CAD Technician.............................................................................................
Administrative Assistant..........................................................................................
2-Person Crew / 1-Person Professional Land Surveyor Robotic Instrument ...
1-Person GPS Crew..................................................................................................
SurveyCrew Travel Time........................................................................................
EXPENSE SCHEDULE
ComputerUsage.....................................................................................................
ComputerPlot.........................................................................................................
In House Reproduction
Bond...........................................................................................................
Mylar..........................................................................................................
ColorPrint.................................................................................................
Client -Requested Overtime..................................................................................
All other expenses, including: .............................................................................
Delivery Service
Outside Reproductions
Outside Consultants
Travel & Expenses
Filing and Permit Fees
1IPage of 1
Rates per Hour
$280
$180
$125
$65
$350
$250
$95
$10 per hour
$5 each
$2 per sheet
$20 per sheet
$20 per sheet
Hourly Rate plus 37%
Actual Cost plus 15%
Pacific Crest Surveying 131 Hel man Street • Ashland ° Oregon ° 97520
mobile:408,375.5220 email: curt@pc-surveys.com
