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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: G:\pub-wrks\eng\dept-admin\SURVEYOR\Terra 2009\Terra Survey Contract Jan 09.doc Page 1 of 2 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, G:\pub-wrks\eng\dept-admin\SURVEYOR\Terra 2009\Terra Survey Contract Jan 09.doc Page 2 of 9 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 G:\pub-wrks\eng\dept-admin\SURVEYOR\Terra 2009\Terra Survey Contract Jan 09.doc Page 3 of 9 ------------------------- -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. G:\pub-wrks\eng\dept-admin\SURVEYOR\Terra 2009\Terra Survey Contract Jan 09.doc Page 4 of 9 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) G:\pub-wrks\eng\dept-admin\SURVEYOR\Terra 2009\Terra Survey Contract Jan 09.doc Page 5 of 9 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