HomeMy WebLinkAbout2009-021 Contract - Terrasurvey Inc
Contract for Personal Services
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: Terrasurvey, Inc.
CONTACT: Richard F. Alspach
ADDRESS: 274 Fourth Street, Ashland, OR 97520
TELEPHONE: 541-482-6474
DATE AGREEMENT PREPARED: January 2-2,2009
BEGINNING DATE: February 1, 2009
COMPENSATION: Not to Exceed $20,000.00
FAX: 541-552-0292
COMPLETION DATE: June 30,2011
SERVICES TO BE PROVIDED: Primary flexible surveying services
ADDITIONAL TERMS: This contract may be extended for two additional one-year contracts
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, aft.er reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1)- the services to be acquired are persQnal 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 I 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 performa-nce
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 servjce by the completion date indicated above.. -
5. Compensation: City shall pay Consultant for service performed, includ'ing costs and expenses, the sum specified
above'. Once work commences, invoices'shall be prepared and submitted by the tenth of the month for work
completed in the prior month~ 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.5'30 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,088 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:
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a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Citv'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 r~ghts and remedies provided by law or under this contract.
e. Obliaation/Liabilityof 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 V\(ith 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 ~he 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 writt.en 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. Workers ComDensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liabilitv 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 A licable for each accident for Bodil In.u and Pro ert Dama e,
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including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chance. 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. Additionallnsured/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. 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, tithe claimtl) 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 s~all 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, U~DERSTANDS 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 m,ake 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 si n the certification attached hereto as Exhibit A and herein incor orated b reference.
CONSU~ :r:: CITY OF ASHLAND:
BY I Si~t::ek?, -..t/ BY
Print Name
TITLE _f'~6'O~-t DATE
CONTRACT AWARD AND FIN INGS DETERMINED BY:
By:
DATE
I I t.~ I Zoq:i
I I
City Department Head
Approved as to
form by Legal:
FederallD#
~~, \~~O(,
ACCOUNT #
au 6) ~13(!}~ "'I tJ&&o
(For City purposes only)
PURCHASE ORDER # ([) {j;t@ tfJ tJ t-- ~ @ 60 I
.Completed W9 form must be submitted with contract
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------------------------- -TTr--- T
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 10 (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:
/'
V
./
V'
.,/
,/
Contrac r
(1) I 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 tra~e 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.
) (5) labor or services are performed for two or more different persons within a period of one
y~ar.
(6) I 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.
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Fonn W-g
(Rev. October 2007)
Department or the Treasury
Internal Re-.;enue Service
Request for Taxpayer
Identification Number and Certification
Give fonn to the
, requester. Do not
send to the IRS.
Check appropriate box: 0 Individual/Sole proprietor 1j( Corporation 0 Partnership
D Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P::par1nership) ~ __ _u__
o Other (8ee instructials) ~
Address (number, street, and apt. CX' suite no.)
'b
City ,
Enter YOll' TIN in the appropriate ~ox. The TIN provided must match the name given on Une 1 to avoid
backup withholding. For individuals, ,this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a nunber, see How to get a TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholdng because: (a) I an exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.s. person (defined below).
Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest tvld clvidends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellatioo of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends. you are not required to sign the Certlficati~n, but you must
provide your correct TIN. See the instnJ . s on page 4.
C\i
CD
0)
~
a.
c:
o
~cn
~~
eg
t:~
1:-'=
0..(,)
!E
~
if
CD
al
Taxpayer Identification Number (TI
Sign
Here
Signa1u1'8 of
u.s. person ..
General Instructio s
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an infa-mation return with the
IRS roost obtain your correct taxpayer identification number (TIN)
to report, fa example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9 only i1 you are a U.S. person Oncluding a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that. the TlN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.s.
exempt payee. If applicable, you are also certifying that as a
U.S. person. YOtS allocable share of any partnership income from
a U.s. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's fam if it is
substantially similar to this Form W-9.
o Exempt
payee
Requester'a name and address (optiona~
I~"ii
or
Date ...
D8ftn1t10n of a U.s. porson. For fadera
Gonsidered a U.S. person if you are:
. An individual who is a U.S. citizen or U.S. resident alien,
. A partnership. corporation, company, or association created or
organized in the United states a under the laws of the United
States,
. An estate (other than a foreign estate), or
. A domestic trust (as defined in Regulations section
301.7701-7).
SpecIal rules for partnerships. Partnerships that conduct a
trade a business in the United states are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Flriher, In certain cases where a Form W-9
has not been received, a partnership Is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business In the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
pll'poses of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United states is in the
follOYling cases:
. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Fam W-9 (Rev. 10-2007)
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ITr-T
ACORD
TM.
PRODUCER Phone: (360) 598-3700 Fax: (360) 598-3703
MICHAEL J. HALL & COMPANY
HALL & COMPANY
19660 10TH AVENUE N.E.
POULSBO WA 98370
CERTI"FICA TE OF LIABILITY INSURANCE
RECE1VEU.
DATE (MM/DDIYYYY)
01/27/2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
fED l 2 tOG~
INSURERS AFFORDING COVERAGE
NAIC #
INSURED " "Itu O~ AshlanASURER A:
TERRA SURVEYING COMPAW .~"l.'. " II. " . ~SURER B:
3000 WILCREST DRIVE, SUITE 210 "INSURER C'
HOUSTON TX 77042 :'
: INSURER 0:
I INSURER E:
TRAVELERS INDEMNITY CO. OF AME.
ST. PAUL FIRE & MARINE INS. CO.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~;: ~ ~~~ TYPE OF INSURANCE
: GENERAL LIABILITY
iX, COMMERCIAL GENERAL lIABILITY'
: i CLAlM~ MADE; X I OCCUR
A
GEN'lAGGREGATE LIMIT APPLIES PER:;
. PRO- "
POLICY ! ; JECT i lOC :
AUTOMOBILE LIABILITY
ANY AUTO
All OWNED AUTOS
SCHEDULED AUTOS
. X HIRED AUTOS
X NON-OWNED AUTOS
'POLICY NUMBER POUCYEfFECTIVE POLICY EXPIRATION
DATE IMM/DDIYY) , . : "DATE IMMlDDIYYl.
PACP1998L206 : 06125/08 i 06/2~/09
: !
!
! ;
j i
I
PACP1998L206 06/25/08 06/25/09
.
:
:
LIMITS
; EACH OCCURRENCE ,$ 1,000,000
I
i DAMAGE TO RENTED ~ $ 300,000
I PREMISES (Ea occurence)
! MED. EXP (Anyone person) 1$ 5,000
I PERSONAl & ADV INJURY ;$ 1,000,000
i
I GENERAL AGGREGATE 1$ 2,0"00,000
! I
i PRODUCTS-COMP/OP AGG. 1$ 2,000,000
I i
; COMBINED SINGLE LIMIT ;$ 1,000,000
' ; (Ea accident)
! BODll Y INJURY
l (Per person) $
;
~ BODIL Y INJURY $
; (Per accident)
I PROPERTY DAMAGE $
: (Per accident) I
; AUTO ONLY - EA ACCIDENT i$
A:
GARAGE LIABILITY
ANY AUTO
- :
i
!
i
:
I
CUP6426Y993 : 06/25/08
: ;
:
;
; OTHER THAN
! AUTO ONLY:
EAACC ~$
AGG :$
;$
!$
:$
i$
I
~ $
j we STATU- I '
X I TORY LIMITS I l OTHER i
E.L. EACH ACCIDENT , $
E.L. DISEASE-EA EMPLOYEE ; $
i
E.L. DISEASE-POLICY LIMIT l $
2,000,000
2,000,000
. EXCESS I UMBRELLA LIABILITY :
X . OCCUR CLAIMS MADE '
06/25/09
! EACH OCCURRENCE
A.
! AGGREGATE
: DEDUCTIBLE
i . RETENTION $
WORKERS COMPENSATION AND
. EMPLOYERS' UABIUTY
A ~ ~::;'~~~~=ECUT1VE
If ,es, describe under
; SPECIAL PROVISIONS below
UB6426Y667
06/25/08
06/25/09
~ OTHER: PROFESSIONAL LIABILITY
B : POLICY
, CLAIMS MADE FORM
1,000,000
1,000,000
1,000,000
06/25/09 : $2,000,000 PER CLAIM
1$4,000,000 AGGREGATE
: i
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
Miscellaneous Surveying Services
QP03806833
06/25/08
CERTIFICATE HOLDER.
City of Ashland
Engineering
20 East Main Street
Ashland, OR 97520
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAil 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT
FAILURE TO DO SO SHAll IMPOSE NO OBLIGATION OR lIABILITY OF ANY KIND UPON THE
INSURER, IT'S AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~h'e:rHur?M
@ ACORD CORPORATION 1988
Attention:
Jim Olson, City Surveyor
ACORD 25 (2001/08)
Certificate # 88879
- ~-T
ACORD ' CERTIFICA TE OF LIABILITY INSURANCE I DATE (MMlDD/YYYY)
TM. 01/27/2009
PRODUCER Phone: (360) 598-3700 Fax: (360) 598-3703 THIS CERTIFICATE IS ISSUED AS A MA TIER OF INF.ORMA TION
MICHAEL J. HALL & COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HALL & COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
19660 10TH AVENUE N.E. AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POULSBO WA 98370 RECEIVED
INSURERS AFFORDING C'OVERAGE . NAIC #
iNS-UREO---'--...---------- EEB ~"2 2009 --'
INSURER A: TRAVELERS INDEMNITY CO. OF AME. --
TERRA SURVEYING COMPANY, INC. INSURER B: ST. PAUL FIRE, & MARINE INS. CO. --
3000 WILCREST DRIVE, SUITE 210 ~SURER c:
HOUSTON TX 77042 . City of Ashlan, ~SURER 0: ---- ----
- ---.-------
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L TYPE OF INSURANCE l-----;~LlCy NUMBER POUCY EFFECTIVE
L TR INSRt DATE (MMlDD/YV)
GENERAL LIABILITY P ACP1998L206 06/25/08
-X COMMERCIAL GENERAL LIABILITY
= ~ CLAIMS MADE [!J OCCUR
POUCY EXPIRAnON
DATE (MMlDDIYVl
06/25/09
LIMITS
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurence)
~ED. EXP (Anyone person)
A
PERSONAl & ADV INJURY
GENERAL AGGREGATE
PRODUCTS-COMP/OP AGG.
I--- .--
-
GEN'L AGGREGATE LIMIT APPLIES PER:
I POLICY f", ~:gT n LOC
AUTOMOBILE LIABILITY
---
ANY AUTO
06/25/09
PACP1998L206
06/25/08
COMBINED SINGLE LIMIT
(Ea accident)
AlL OWNED AUTOS
BODILY INJURY
(Per person)
SCHEDULED AUTOS
A
--
X HIRED AUTOS
X NON-OWNED AUTOS
, BODILY INJURY
(pef acci~ent)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
==i AN'( AUTO
EXCESS I UMBRELLA LIABILITY
~ OCCUR D CLAIMS MADE
06/25/08
06/25/09
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA Aq~ ~_
AUTO ONLY: AGG $
EACH OCCURRENCE $
AGGREGATE $
$
$
$
CUP6426Y993
A
R-- DEDUCTIBLE
RETENTION $
WORKERS COMPENSAnON AND
EMPLOYERS' LIABILITY
A =~::;'''=1~e:~=ECUTIVE
If yes, describe uncler
SPECIAL PROVISIONS below
06/25/09
x I ~~Tt~s I I OTHER
E.l. EACH ACCIDENT $
E.l. DISEASE-EA EMPLOYEE $
E.l. DISEASE-POLICY LIMIT $
UB6426Y667
06/25/08 '
OTHER: PROFESSIONAL LIABILITY
B POLICY
CLAIMS MADE FORM
$2,000,000 PER CLAIM
$4,000,000 AGGREGATE
QP03806833
06/25/08
06/25/09
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
Miscellaneous Surveying Services
$
$
$
$
$
$
1 ,OOO,OO~_
300,000
5,000
1,000,000
2,000,000
2,OOO,0~~
$
1,000,000
$
$
$
2,000,000
2,000,~!l_~_
1 ,OOO,OO~_
1,000,000
1,000,000
City of Ashland
Engineering
20 East Main Street
Ashland, OR 97520
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE
TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,
ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER
AUTHOR~DREPRESENTATIVE
Attention:
Jim Olson, City Surveyor
~h,e;[Hur?M
@ACORDCORPORATION 1988
ACORD 25 (2001/08)
Certificate "# 88879
TERRASURVEY, INC.
PROPOSED SURVEYING SERVICES FEE SCHEDULE FOR CITY OF ASHLAND
PROJECT NO 2008-21
SURVEY CREW:
(Two Person or One person w/Robotic)
$ 120.001HR
PROFESSIONAL:
$80.001HR
SURVEY TECHNICIAN:
$65.001HR
DRAFT PERSON:
$65.001HR
CLERICAL:
$45.001HR
THERE IS NO ADDITIONAL CHARGE FOR COMPUTER TIME, MILEAGE, IN- HOUSE
PRINTS, MAIL, COPIES, FAXES, PHONE CALLS, OR NORMAL SURVEYING SUPPLIES
SUCH AS LATH OR STAKES. THESE ITEMS ARE CONSIDERED TO BE INCLUDED IN
THE HOURLY RATE.
CITY OF
ASHLAND
Council Communication
Approval of Two Public Works Contracts for Flexible Surveying Services
Meeting Date: February 17,2009 Primary Staff Contact: James Olson, 552-2412
Department: Public Works/Engineering E-Mail: olsonj@ashland.or.us
Secondary Dept.: Finance Secondary Contact: Michael R. Faught
Approval: Martha Bennett Estimated Time: COllsent Agenda
Question: \
Will Council approve two contracts for flexible surveying services that will exceed a 24 month
contract period and may exceed the $50,000 contract threshold?
Staff Recommendation:
Staff recommends Council approve two contracts for flexible sllrveying services that will exceed a 24
month contract period and may exceed the $50,000 contract threshold.
Background:
On October 1, 2008, staff advertised a request for proposal from qualified surveying films to provide
surveying services on an ongoing and flexible basis. On November 5, 2008 eight firms provided
formal responses which were reviewed, scored and ranked by engineering staff. The results of the
scoring follows:
Rankin2 FirlD Number of Points
1 Ten'asurvey 89.0
2 Polaris Land Surveying 87.7
3 N ea than1er Surveying 84.7
4 OBEC Consulting Engineers 82.0
5 Hardey Engineering & Associates, Inc. 80.7
6 HBH Consulting Engineers 79.3
I 7 Hoffbuhr & Associates, Inc. 77.0
I 8 Rhine-Cross Group 72.3
The terms of the request for proposal alld of the resulting contract were that two frrms were to be
selected as primary and secondary services providers. The primary service provided was the firm
receiving the highest rating while the secondary'firm had the next highest sCOre.
Terrasurvey, Inc. selected as the primary consultant was offered a contract to expire on June 30, 2011
(29 months). The secondary consultant, Polaris Land Surveying LLC was offered a similar 29 month
COlltract. The value of the primary contract is $20,000 and $5,000 for the secondary contract.
The RFP and contract both contain a clause whereby the contract may -be extended for two additional
one-year contracts. With the maximum number of extensions for each contract the total combined cost
I11ay exceed $50,000 depending on the number of projects developed in the upcoming years.
Council's consideration should be for the cun.ent contract approvals plus authorization for two one-
year extensions for each contract. .
Page 1 of2
~;.,
-----~------1Tr .1
CITY OF
ASHLAND
Related City Policies:
AMC 2.50.020 Public Contracting Officer's Authority. "The Public Contracting Officer may execute,
without prior Council approval contracts that satisfy all of the following: ... ii. The contract does not
exceed a twenty-four month contract period."
Council Options:
Council may approve or reject the primary and secondary flexible surveying services contract.
Potential Motions:
1. Move to approve the contracts and potential contract extensions with Terrasurvey, Inc, and
Polaris Land Surveying LLC.
2. Move to approve the contracts without potential contract extensions with Terrasurvey, Inc, and
Polaris Land Surveying LLC.
3. Move to reject the contracts with Terrasurvey, Inc. and Polaris Land Surveying LLC.
Attachments:
Copies of contracts
Page 2 of2
~;.,
~
December 3, 2008
Stuart Osmus
T errasurvey
274 Fourth Street
Ashland OR 97520
CITY Of
ASHLAND
RE: SURVEYING SERVICES RFP RESULTS
Dear Stuart:
On November 5, 2008 the City of Ashland received eight (8) proposals for surveying services. Each of
the proposals were reviewed and scored separately by a panel of three City staff members. The
individual scores were then compared and averaged to determine ranking.
The scoring was not an easy task as all firms were well qualified and provided excellent proposals. In
scoring the proposals, emphasis was placed on a quick response to anticipated City needs which
included knowledge of the City's rules and procedures and a willingness to place the City's demands as
a priority. Firms that regularly submitted land division plans and demonstrated knowledge of City plat
submittal and approval requirements general received a slightly higher score in the Project Team
category. In assigning a value to the cost of services, the lowest cost received the full 10 points while
the highest cost received 3 points and all others were scored according to their ranking.
The results of the scoring are as follows:
Rankin
1
2
3
4
5
6
7
8
Firm
Number of Points
89.0
87.7
84.7
82.0
80.7
79.3
77.0
72.3
Based upon the above scores, the City intends to offer contracts to the first and second ranked firms as
primary and secondary service providers. Thank you very much for your proposal and we greatly
appreciate the time and effort expended in behalf of the City of Ashland.
sincerelY~
~v:L
~
James H. Olson
Engineering Services Manager
cc: Mike Faught
..-
Engineering
20 E. Main Street
Ashland. Oregon 97520
VIWYl. ashland. Of. us
Tel: 541/488-5347
Fax: 541-/488-6008
TTY: 8OOn35-29OO
n."""h-wrlc!l\ena\deot_admin\ENGINEER\PROJECNOO8\08-21 Intent to Award Ltr 12 03 08.doc
CITY RECORDER
Page 1 / 1
~6
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
08800
VENDOR: 003354
TERRASURVEYINC
274 FOURTH STREET
ASHLAND, OR 97520
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Jim Olson
Confirming? No
THIS IS A REVISED PURCHASE ORDER
Contract for primary fle~ible surveyinQ
- topoQraphic survey for the Nevada
Street Sewer by-pass Proiect 2008-23
2,500.00
RFP
Contract for Personal Services
Date of aQreement: January 22, 2009
BeQinninQ date: February 1 , 2009.
Completion date: June 30, 2011
Contract may be extended for two
additional one year terms
. Insurance reQuired/On file .
Not to exceed $20,000 for both purchase
orders ($17,500/PO 08801 and $2,500/PO
08800) per attached fee schedule for
initial 29-month contract.
Approved by City Council February 17,
2009
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
2 500.0
0.0
0.0
2,500.0
E 675.08.17.00.70420
E 675.08.37.00.70420
~ ~lnn""lre
VENDOR COpy
CITY OF
ASHLAND
REQUISITION
No. PW FY 2009
Department PUBLIC WORKS
Vendor TERRASURVEY INC.
274 FOURTH STREET
ASHLAND OR 97520
Account No. 675.08.17.00.704200
'WW DEPT 1675.08.35.00.704200
Date January 22, 2009
Requested Delivery Date ASAP
Deliver To llM OLSON
Via
(* Note: Please allow approximately two(2) weeks for delivery on items not
generally caried in stored, and approximately two (2) months on printing jobs.)
. I
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price Total Price PO No.
Contract for topographic survey for the Nevada
Street sewer by-pass project No. 2008-23.
WASTEWATER DEPT
WWTP 675.08.17.00.704200 $2,000.00
~7 SDC 675.0@0.704200 $ 500.00
TOTAL S 2,500.00
for Karl:
BID /RFP / EXEMPT: RFP
Contract Start Date: February 1,2009
Contract Completion Date: 30-Jun-11
Insurance on file: , yes t NO
, Project No: 2008-23
, I I
Job No.
Unit No.
I hereby certify that the above items are necessary for the operation
of this department and are budgeted
Department Head or Authorized person
Issued By
Date
Received By
r;.,
r "rt.LL.p.
:Z" ttJ ~;z.. '9. /~
G:\pub_wrks\eng\dept-admin\SURVEYOR\Terra 2009\2008-23 FY09 Terrasurvey Req WW.xls