HomeMy WebLinkAbout2007-091 Contract - TerraSurvey
CONSULTANT SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City
and Consultant as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: TERRASURVEY INC.
City Hall Address: 274 FOURTH STREET
20 E. Main St. ASHLAND OR 97520
Ashland, Oregon 97520
(541) 488-6002 Telephone: 541/482-6474
FAX: (541) 488-5311 FAX: 541/552 -0292
Date of this agreement: , 1} B: RFP date: JUL Y 25, 2003
OCTOBER 20, 2006 Proposal date: AUGUST 13, 2003 .
1}2.2. Contracting officer: PAULA BROWN, PUBLIC WORKS DIRECTOR
1}2.4. Project: GENERAL SURVEING SERVICES (PRIMARY SURVEYOR)
1}6. Consultant's representative: RICHARD F. ALSPACH PLS
1}8.3. Contract amount: $30,000 Contract valid through September 8,2007
B. On the date noted above, City issued a request for proposals (RFP) for consulting services
needed by City for the project described above. Consultant submitted a proposal in response to
the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City
selected Consultant to provide the services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant: Consultant accepts the relationship of trust and
confidence established between Consultant and City by this contract. Consultant covenants with
the City to perform services and duties in conformance to and consistent with the standards
generally recognized as being employed by professionals of consultant's caliber in the locality of
the project. Consultant further covenants to cooperate with City, City's representatives,
contractors, and other interested parties in furthering the interests of City with respect to the
project. In order to promote successful completion of the project in an expeditious and
economical manner, Consultant shall provide professional consulting services for City in all
phases of the project to which this contract applies, serve as City's professional consulting
representative for the project, and give professional consultation and advice during the term of
this contract. Consultant acknowledges that City is relying on consultant to provide professional
consulting services in a manner that is consistent with the interests of City.
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2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning
ascribed to them in the construction industry, unless the context clearly indicates otherwise. As
used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's
designee.
2.3. "Project" means the project described in Recital A.
2.4. 'Work" or "Services" shall mean all labor, materials, plans, specifications, opinions,
reports, and other consulting services and products which Consultant is required to provide
under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and
end on completion of all services required by this contract unless sooner terminated as provided
in this contract.
4. Authoritv of contractinQ Officer: The contracting officer shall have the authority to act on
behalf of City in the administration and interpretation of this contract. The contracting officer
shall have complete authority to authorize services, transmit instructions, receive information,
interpret and define City's policies and make other decisions with respect to Consultant's
services.
5. ConsultinQ Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define
City's requirements relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the
services, and act as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the
status of services.
5.1.5. Cooperate with other consultants retained by City in the exchange
of information needed for completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving
written authorization from the contracting officer for work described in the RFP. Consultant shall
perform the services as expeditiously as is consistent with professional skill and care and the
orderly progress of the project. Upon request of City, Consultant shall submit for City's approval,
a schedule for the performance of work elements described in the RFP. Each schedule shall
include allowance for periods of time required for City's review and approval of Consultant's
services. Each schedule, approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance
with generally accepted standards in Consultant's profession. Consultant shall be responsible
for the professional quality, technical accuracy and the coordination of all services performed by
Consultant. Consultant shall, without additional compensation, correct or revise any error or
deficiencies in the services that are caused by Consultant's negligence. City's review, approval,
acceptance of, or payment for, any of the services shall not be construed to waive any of City's
rights under this contract or of any cause of action arising out of Consultant's services. In the
event of any breach of this contract by Consultant or negligent performance of any of the
services, City's cause of action against Consultant shall not be deemed to accrue until City
discovers such breach or negligence, or should have, with reasonable diligence, discovered
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such breach or negligence. The preceding sentence shall not be construed, however, to allow
City to prosecute an action against Consultant beyond the maximum time limitation provided by
Oregon law.
6. Assi!::mment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision
of the person specified in Recital A above, who shall act as Consultant's representative in all
communications and transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to
assignment of Consultant's employees to perform services if the requests are consistent with
sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the
possession or control of City and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon,
public and private ~roperty as required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies,
and others involved in the project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses
incurred by Consultant in performance of services in accordance with a payment schedule to be
submitted by Consultant and accepted by City. No reimbursement will be made for expenses
that are not specifically itemized in this payment schedule without prior approval by the
contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten
days after the end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum
specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders, regulations,
rules and ordinances of federal, state, City and city governments with respect to the services including, but
not limited to, provisions of 279C.520 and 279C.540.
9.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work under
this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone
week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261
or under 29 U.S.C. Sections 201 to 209.
9.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS
656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has workers'
compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer,
Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer,
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Contractor shall provide City with a certification from the Oregon Department of Insurance and Finance as
evidence of Contractor's status.
9.4. If the amount of this contract is $16,936 or more, Contractor 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. Contractor is also required to post the attached notice predominantly in
areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Consultant pursuant to this contract
shall be the property of City. To the extent permitted by law, City shall, within the limits of the
Oregon Tort Claims Act, defend, indemnify and hold harmless Consultant, its consultants,
agents and employees against all damages, claims, expenses and losses arising out of any
reuse of plans, specifications and other documents prepared by Consultant without prior
written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other
records on the services which are adequate for evaluating Consultant's performance.
Consultant shall maintain records in such a manner as to provide a clear distinction between the
expenditures and revenues related to the project and the expenditures and revenues related to
Consultant's other business.
11 .2. Consultant's books and records shall be made available for inspection by City at
reasonable times, to verify Consultant's compliance with this contract. City shall have the right to
request an audit of Consultant's books and records by a certified public accountant retained by
City.
12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and
employees harmless from any and all claims, actions, costs, judgments, damages or other
expenses resulting from injury to any person (including injury resulting in death,) or damage
to property (including loss or destruction), of whatsoever nature arising out of or incident to
the negligent performance of this contract by Consultant (including but not limited to, the
negligent acts or omissions of 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 claims, actions, costs, judgments, damages or other expenses,
directly and proximately caused by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract,
maintain in force:
13.1.1. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this contract, blanket
contractual liability, products and completed operations and owner's and
contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and
non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than
the limits for claims made under the Oregon Tort Claims Act with minimum coverage of
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$500,000 per occurrence (combined single limit for bodily injury and property damage claims) or
$500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made"
coverage will not be acceptable, except for the coverage required by subsection 13.1.2.
13.4. Certificates of insurance acceptable to the City shall be filed with City prior to the
commencement of any work by Consultant. Each certificate shall state that coverage afforded
under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30
days prior written notice has been given to City. A certificate which states merely that the
issuing company "will endeavor to mail" written notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or
obligation required by this contract within ten days after the other party gives written notice
specifying the nature of the breach with reasonable particularity. If the breach specified in the
notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the
ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the
remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written
notice to the other party, without allowing an opportunity to cure, if the other party repeatedly
breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this
contract and pursue any equitable or legal rights and remedies available under Oregon law. All
remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the
State of Oregon for Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may
terminate by giving Consultant written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant
may complete such analyses and records as may be necessary to place its files in order and,
where considered necessary to protect its professional reputation, to complete a report on the
services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for
all fees earned and costs incurred prior to the termination date. Consultant shall not be entitled
to compensation for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be
given by law shall be in writing and may be given by personal delivery or by registered or
certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address
provided for the City in Recital A above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the
address provided for the Consultant in Recital A above.
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17. Assianment: City and Consultant and the respective successors, administrators, assigns
and legal representatives of each are bound by this contract to the other party and to the
partners, successors, administrators, assigns and legal representatives of the other party.
Consultant shall not assign or subcontract Consultant's rights or obligations under this contract
without prior written consent of City. Except as stated in this section, nothing in this contract
shall be construed to give any rights or benefits to anyone other than City and Consultant.
18. Modification: No modification of this contract shall be valid unless in writing and signed by
the parties.
Consultant
BY L ~'-C-
Fed. ID II ~1, - 12" 20.:2~
CITY
BY tJ'Ij ~, ~t<-'
REVIEWED AS TO C NTENT
BY
Ci Department Head
Date:
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CITY OF ASHLAND, OREGON
City of Ashland
LIVING
~ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $16,936 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
portion of 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 in excess of $16,936.
~ 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
amount of wages received by
the employee.
> Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
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.
CI T Y Of
ASHLAND
~..
Ir_~
CITY RECORDER'S COpy
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
Page 1 / 1
DATE
10/23/2006
PO NUMBER
07173
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: Paula Brown
Confirming? Yes
Quantity Unit Description Unit Price Ext. Price
THIS IS A REVISED PURCHASE ORDER
Annual expenditure for General SurveyinQ 20,000.00
SurveyinQ Services Contract
Note: Contract is a 2-year contract.
Additional purchase order will be
prepared for contract extension.
RFP
Start date: September 8. 2003
Insurance required/On file
Project No. 03-18
Processed chanQe order 06/12/2007 10,000.00
Added balance of $30,000 contract to PO.
Description:
ChanQe Order No. 1A - Airport Tree
Survey Work $4,102.50 - ChanQed alc #
to 280.08.00.00.704.200 (Previously
paid - requestinQ Finance make
correction)
ChanQe Order No. 1 B Additional work at
Hosler Dam $5,000
Plus extra airport work - $897.50
SUBTOTAL 30 000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL I 30,000.00 I
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 280.08.00.00.70420C 897.50
E 71 0.08.23.00.60413C 29,102.50
-1 ~?~
~~ 17
uthorized Signature
VENDOR COPY
A request for a Purchase Order
REQUISTION FORM
CITY OF
ASHLAND
Date of Request: 16{1,2(2qQ71
THIS IS A REQUEST FOR A:
Required Date of Delivery/Service: lasap"';c~11
[X] Change Order (existing PO# 7173
Vendor Name: TERRASURVEY INC.
Address: 274 FOURTH STREET
City, State, Zip ASHLAND OR 97520
Phone: 482-6474
Project Title: FLEXIBLE SURVEYING SERVICES
Project Number: VARIOUS PROJECTS
Services Only .Solicitation Process:
[ ] Exempt [ I 3 Written Quotes (copies
attached)
[ ] Sole Source ( ] Invitation to Bid (copies on
1'." __ file)
[ J less than $5000 [ X] Request for Proposal
(copies on file)
Description
Employee Signature:
NOTE: By signing thi
-j--RLlL
/'tJ ,. ,'. '--.' (L
~(.,..,; (~kd It
A /c':. :-.t=fc-
1
Flexible Surveying Services
Change Order No. 1A -Previous airport tree survey work transferred to new PO
Change Order No, 1 B - additoinal work at Hosla"Dam
Yv
5600 rc }:;.
V? 897.:JO
oa:
If ?;}t5, ~ Do C6Ac?~t tt;~~er
710.08.23.00.604130 -
.Please attach the Original signed contract and Insurance Certificates.
Supervisorl Dept. Head Signature:
ce"rtify tha the above request meets wilh Ctiy of Ashland SoIiciliation Process requirement
G:PubwrkslEng\FY06 Terrasurvey co 1.xls
Updated on: 7115102