HomeMy WebLinkAbout2009-022 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 22,2009
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 personal services; (2) the City does not have
-adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve' the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings 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 performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to pe'rform 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 service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including 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: AII.documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $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 500/0 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
fromariy 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. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other r~ghts and remedies provided by law or under this contract.
e. Obliaation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance V\(ith the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
C"onsultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall 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 ORF status pursuant to the ORF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a ORF if
consultant has qualified as a ORF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Comoensation 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, 51.000.000, $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 Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, 51.000.000, $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 Liabilitv 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
Ilr~... T
DATE
I I 'ZL, / Zc>o&i
I I
FederallD#
~~, \ '2.4 1..0 0 (.,.
ACCOUNT #
au tJ ~t3t!Jc 't tJ&&o
(For City purposes only)
PURCHASE ORDER # ([) t@t@ tfJ lJ c:f-. CJ ~ 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 pe~ury
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
.,/
./
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 trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
; (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
Form W-g
(Rf!N. Octob.. 2007)
Department elf the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give fonn to the
requester. Do not
send to the IRS.
Check appropriate box: 0 lndividuellSole proprietor ~ Corporation D Partnership
D Limited liability compeny. Enter the tax cl888ification (D=diaregarded entity, C=corporation, P=p8l1nerahip) ~ -------
o Other (8ee inslructiClls) ~
Addreaa (number, street, and apt. or suite no.)
1.;
City,
Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid
backup withholding. For individuals, this is your social security nl.lTlber (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructiOl'ls on page 3. For other entities, it is
your employer identification nunber (EIN). If you do not have a number, see How to get a TJN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
nll1lber 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).
Cwt'ftcatlon InstrUGtlons. 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 a1d dividends on your tax ret....n. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends. you are not required to sign the C&rtificati~n, but you must
provide your correct TIN. See the instru . s on page 4.
C\i
Q)
a
co
Q.
c:
o
CD fD
~j
eg
c~
1:~
11.(,)
1
CD
/J3
Taxpayer Identification Number (TIN)
Sign
Here
Sign81u.. of
u.s. pel'8On ~
General Instructio s
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is requi'ed to file an information return with the
IRS must obtain YOtl 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 if you are a U.S. person (including a
resident alien), to provide your carect TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN 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, yo.s 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 form if it is
substantially similar to this Form W-9.
o Exempt
pay..
Requester'. name and address (optionaQ
ISo~"7!
or
Date .
Deftnlllon of a U.8. ~rsan. For fadera
Goosidered 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 or 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 requi'ed to
pay a withholding tax on any faeign pa1ners' share of income
from such business. Further, 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
purposes 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
following cases:
. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231 X Farm W -9 (Rev. 10-200n
G:\pub-wrks\eng\dept-admin\SURVEYOR\Terra 2009\Terra Survey Contract Jan 09.doc Page 5 of 9
-1lI-.
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
DATE (MM/DDIYYYY)
01/27/2009
RO' ~E. "."c.':fC_-'!'~
'EC' r~r.:L,
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.
ffB ( 2 ,uu~
INSURERS AFFORDING COVERAGE
NAIC #
INSURED "'Itu ~ AshlanASURER A:
TERRA SURVEYING COMPAW~'!J. 0.' . . U1sURER B:
3000 WlLCREST DRIVE, SUITE 210 INSURER C'
HOUSTON TX 77042 .
INSURER D:
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~: I =~ TYPE OF INSURANCE
GENERAL UABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIM~ MADE: X OCCUR
'POUCY NUMBER
PACP1998L206
LIMITS
EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED :$ 300,000
PREMISES (Ea occurence)
MED. EXP (Anyone person) :$ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE i$ 2,000,000
PRODUCTS-COMP/OP AGG. i$ 2,000,000
06/25/08 06/25/09 COMBINED SINGLE LIMIT 1,000,000
(Ea accident) '$
BODILY INJURY
(Per person) $
BODIL Y INJURY $
(Per accident)
PROPERTY DAMAGE $
(Per accident)
A
GEN'L AGGREGATE LIMIT APPLIES PER:,
PRO-
JECT : LOC :
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
PACP1998L206
A
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT : $
; OTHER THAN EA ACC : $
! AUTO ONLY: AGG : $
EXCESS I UMBRELLA LIABILITY
X OCCUR CLAIMS MADE
CUP6426Y993
06/25108
06/25/09
EACH OCCURRENCE
AGGREGATE
:$
$
'$
i$
i$
A
2,000,000
2,000,000
DEDUCTIBLE
RETENTION $
'WORKERS COMPENSATION AND
,EMPLOYERS' LIABILITY
A :=~:~I~=ECUTIVE
. yea, deKrtbe under
: SPECIAl PROVISIONS below
OTHER: PROFESSIONAL LIABILITY
B POLICY
CLAIMS MADE FORM
UB6426Y667
06/25/08
06/25/09
OTHER '
QP03806833
06/25/08
E.L. EACH ACCIDENT : $
E.L. DISEASE-EA EMPLOYEE : $
E.L. DISEASE-POLICY LIMIT : $
$2,000,000 PER CLAIM
$4,000,000 AGGREGATE
1,000,000
1,000,000
1,000,000
06/25109
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
Miscellaneous Surveying Services
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, Irs AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~h,e:rHur?M
@ ACORD CORPORATION 1988
Attention:
Jim Olson, City Surveyor
ACORD 25 (2001/08)
Certificate # 88879
ACORD CERTIFICA TE OF LIABILITY INSURANCE I DATE~DD~
TM. 01/27/2009
PRODUCER Phone: (360) 598-3700 Fax: (360) 598-3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INt: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. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POULSBO WA 98370 RECEIVED 1 INSURERS AFFORDING COVERAGE
. NAIC #
INS-URE-O-- ------- --- --- - -------- ---------EEB--(~-2lITa9---IINSURERA: TRAVELERS INDEMNITY CO. OF AME. _'__U"__
.--
TERRA SURVEYING COMPANY, INC. . ~SURER B: ST. PAUL FIRE & MARINE INS. CO.
3000 WILCREST DRIVE, SUITE 210 - SURER C. --.-------...
HOUSTON TX 77042 City of Ashlan _ SURERD~._~_._ ----.----.---.." .
--1--- .--------...-.--.-- -
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.
- --~r-----------------------'---'------'--l- --------.- .-.-------,----------...,..----.---,----.---
INSR ADD' TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POUCY EXPIRAnON
L TR INSR DATE (MMIDD/YY) DATE (MMIDD/YY)
L~!~ERAL LIABILITY I P ACP1998L206 I 06/25/08 06/25109~. OCCURRENCE
.~ X I DAMAGE TO RENTED
. COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence)
.._- ---J CLAIMS MADE [i'J OCCUR ~D. EXP (Anyone person)
r-- -- -
LIMITS
A
PERSONAL & AOV INJURY
$ .._~____ 1 ,OOO,OO~
$ 3~~~~~_
$ 5,0~~
$ 1,000,000
$ 2,OOO,00~
$ 2,00~,0~!>>
- ---------
GEN'L AGGREGATE LIMIT APPLIES PER:
-I POLICY r-l ~:gT r--l LOC
AUTOMOBILE LIABIUTY
---I ANY AUTO
-----
ALL OWNED AUTOS
GENERAL AGGREGATE
PRODUCTS-COMP/OP AGG.
--
PACP1998L206
06125108
06/25109
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per person)
$
1,000,000
SCHEDULED AUTOS
$
A
X HIRED AUTOS
--_._-
X NON-OWNED AUTOS
-.----1
-'-1 ~._--------- --.-----
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
R ANY AUTO
EXCESS I UMBRELLA LIABILITY
_~~J OCCUR [J CLAIMS MADE
OTHER: PROFESSIONAL LIABILITY
B POLICY
CLAIMS MADE FORM
QP03806833
06/25108
I
I
I
I 06125108
I
06/25108
06/25109
AUTO ONLY - EA ACCIDENT $ __ ._____
OTHER THAN EA A~~ !-~______
AUTO ONLY: AGG $
EACH OCCURRENCE $
AGGREGATE $
$
$
$
2,OOO,00~
2,000,0.~~_
CUP6426Y993
A
=~ DEDUCTIBLE
-I RETENTION S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
A =.:==e:~~CUTIVE
If yes, describe under
SPECIAL PROVISIONS below
UB6426Y667
06/25109
X I ~~T~~s I I OTHER
E.L. EACH ACCIDENT $
E.L. DISEASE-EA EMPLOYEE $
E.L. DISEASE-POLlCY LIMIT $
$2,000,000 PER CLAIM
$4,000,000 AGGREGATE
1 ,OOO,O~~_
1,000,00~_
1,000,000
06/25/09
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
Miscellaneous Surveying Services
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,
Irs AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~h,eiHur?~
@ ACORD CORPORA rlON 1988
Attention:
Jim Olson, City Surveyor
ACORD 25 (2001/08)
Certificate # 88879
C I T Y OF
ASHLAND
PUBLIC WORKS/ENGINEERING DIVISION
GENERAL SURVEYING SERVICES
. ,..... .~...., ,-." ',' ,.,...., .".. ,-.","- . .. .., '.-- ..,....-.......,~-~'-.'" ..
REQUEST FOR PROPOSALS
PROJECT NO: 2008-21
TYPE OF PROPOSAL: PRIMARY AND SECONDARY SURVEYING SERVICES
DISTRIBUTION DATE: October 1, 2008
BID OPENING DATE: 2:00 PM, NOVEMBER 5. 2008
ENGINEERING DIVISION
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND OR 97520
541/488-5347
~.l'
.
... '
TABLE OF CONTENTS
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cm OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL
FOR
GENERAL SURVEYING SERVICES
The City of Ashland is seeking proposals for a primary and secondary Survey Firm to
provide general surveying services. This work is to be performed on an on-call flexible
services basis for the purposes' of maintaining the City wide survey controls and in
developing public works construction projects. The services will include, but will not be
limited to: construction surveying, location and topographic surveying, right of way
monumentation and replacement and/or establishment of horizontal and vertical control
points. In addition, the consultant may be called upon to perform the services of
"Assistant City Surveyor" in the absence of the Ashland City Surveyor.
. Consultant selection will result in the issuance of a contract for services for a two year
duration with provisions for renewal for up to two additional one year terms.
Proposals must be received by 2:00 PM, November 5, 2008, in the City'of Ashland
Engineering Office located at 51 Winburn Way, Ashland OR 97520; mailing address:
20 E. Main Street Ashland OR 97520.
Proposal documents are available at the above address and all proposals mu~ be on
the forms provided or in the same format. Proposals are limited to 6 pages. The
proposer must be registered as a Professional Land Surveyor with the State of Oregon.
Consultant selection will be based upon weighted criteria as'dted in the Request for
Proposal document. Standard selection criteria includes, but is not limited to:
Experience, availability, schedule, response time and cost. .
The City of Ashland reserves the right to reject any and all proposals, to waive
formalities or to accept any proposal which appears to serve the best interest of the
City of Ashland.
For further information, contact James H. Olson, City Surveyor at 541/488-5347.
~
City Surveyor
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL
GENERAL SURVEYING SERVICES
CONCEPT
The City of Ashland intends to hire one primary a.nd one secondary Survey Firm to
provide general surveying services. This work is to be performed on an on-call flexible
services basis for t~e purposes of maintaining the City wide survey controls, in
developing public works construction projects, determining boundaries and other
miscellaneous survey. related activities.
MUL T~PLE SELECTION
The City intends to select two proposers (primary and secondary) from this solicitation.
In addition to the primary consultant, a secondary consultant will also be selected as an
alternate to provide surveying services in the absence of the primary consultant or if a
conflict of interest might arise. The secondary consultant contract shall have the same
duration as the primary contract and shall be subject to the same conditions,
requirements and obligations. There is no guarantee that any specific amount of work
or any specific or overall dollar amounts will be assigned during the term of the
contract.
WORK DESCRIPTION
I. SCOPE OF WORK
The selected consultant will provide site, construction and location surveying for
public works construction projects. The consultant will also assist in the
maintenance and further expansion of Ashland's horizontal and vertical control
networks.
The consultant may further be called upon to perform the duties of an "Assistant
City Surveyor" in the absence of the appointed City Surveyor and to perform
miscellaneous surveying related activities as required.
II. DESCRIPTION OF CONSULTANT DUTIES
A. Surveying for Public Works construction projects:
1. Provide topographic surveys for various public works projects.
2. Provide site and location surveys to determine proper placement for
public facilities.
3. Provide construction staking for various projects including street,
sewer, water and storm drain construction projects.
4. Provide miscellaneous assistance to construction crews as required.
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5. Locate public 'rights of ways and easements as. needed.
B. RE-EsrABUSHED STREET RIGHTS OF WAYS
1. Set or replace street centerline monumentation including filing of a
map of survey with the Jackson County Surveyor.
2. Prepare descriptions of easement or rights of ways to be acquired.
c. PERPETUATE HORIZONTAL & VERTICAL CONTROL NElWORK
1. Conduct 3-wire leveling to replace or establish benchmarks
required to perpetuate the existing vertical control network.
2. Re-establish horizontal control monuments as required.
D. ACT AS ASSIsrANT cm SURVEYOR (IN ABSENCE OF cm SURVEYOR)
1. Perform reviews of subdivision and partition plats.
2. Approve subdivision and partition plats.
3. Coordinate with City Engineer as necessary.
E. PREPARE BOUNDARY SURVEYS
1. Perform boundary surveys of City.owned property.
2. Perform land partition and property line adjustment surveys of City
owned property.
III. CONSULTANT'S RESPONSIBILITIES
The consultant's person in charge of the project must be an Oregon licensed
land surveyor as required by Oregon Revised Statutes and shall assume full
responsibilities for the following:
A. Personnel, Materials & Equipment
The consultant shall provide qualified and competent personnel and shall
furnish all supplies, equipment, tools and incidentals required to
accomplish the work, with the following exception:
The City of Ashland will provide all monument cases, pipes and caps
needed for the establishment of the bench marks, control points or
centerline monumentation.
All materials and supplies shall be of good quality and suitable for the
assigned work.
B. Safety Equipment
The consultant shall provide and use all safety equipment including, but
not limited to hard hats, signs, safety vests and clothing required by S~te
and Federal regulations and Department policies and procedures.
C. Temporary Protection & Direction of Traffic
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The consulting firm will follow all safety rules and OOOT/OSHA
requirements. When the consultant has a survey party working within 15
feet of the travel lane, the consultant shall protect the survey party, and
warn approaching traffic by placing one "SURVEY CREW" (W21-6-36) sign
facing each direction of incoming traffic, a normal minimum distance of
200 feet for a lower speed street and 500 feet for rural roads and
highways in advance of the survey crew work area. In the event one-way
traffic is necessary, the W21-6-36 signs shall be placed a normal minimum
distance of 600 feet for lower speed streets and 1,500 feet for rural roads
and highways in advance of the survey work area. The consultant shall
also place, facing each direction of incoming traffic, one each of "BE
PREPARED TO STOP" (OW23-2-36) and "FLAGGER AHEAD" (OW20-7-36)
signs spaced a normal minimum distance of 200 feet for lower speed
streets and 500 feet for rural roads and highways apart and approximately
this same distance from W21-S-36 sign.
When a survey crew is working within a construction work area, the use
of "SURVEY CREW" signs are generally not required. However, when the
construction contractor's signing is not adequate for survey work, the
above signing requirements shall be followed.
Signs may be constructed of plywood, sheet aluminum or fabric. W21-6-
36 signs shall be equipped with high level flags.
Each flagger shall wear an orange or yellow colored hard hat and an
orange colored or fluorescent red-orange or fluorescent yellow-orange
colored vest. Flaggers shall be equipped with "STOP-SLOW" hand sign
. conforming to current standards for daylight use and shall also be
equipped with two-way radios when they are not visible to each other.
D. Business License Required
The selected consultant must have a current City of Ashland business
license prior to conducting any work in the City.
E. Professional Responsibilities
Responsible principal/lead for consulting firm must be a registered Oregon
Land Surveyor with the Oregon State Board of Land Surveying. The
consultant shall perform the work using the standards of care, skill and
diligence normally provided by a professional in the performance of such
services in respect to similar work and shall comply with all applicable
codes and standards.
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IV. CONTRACTS AND AS,SIGNMENTS
Once the primarY and secondary surveying consultants are selected, the
resulting agreement will be set up as a Personal Services Contract. SpeCific
projects will be assigned and described in a specific Work Order Agreement, as
described below in Section 3. Work Order Agreements will incorporate all terms
and conditions of the Personal Services Contract and this RFP and will include a
complete description of the work to be perfqrmed by the consultant.
There is no guarantee that any specific amount of work or overall dollar amounts
will be assigned through the term of the Personal Services Contract. City
projects may be assigned based upon the consultant's expertise and current
work load.
The City may offer a separate solicitation and procurement to be conducted for
any project. The City will assess each project and may consider the estimated
cost, specialized nature of the project, and other factors, to determine whether a
separate solicitation and procurement will be required.
1. CONTRACT
The consultant selected by the City will be expected to enter into a written
contract in the form attached to this RFP in the Appendix. The proposa~
should indicate acceptance of the City's contract provisions or suggest
reasonable alternatives that do not substantially impair the City's rights
under the contract. If inclusion of any of the City's contract provisions will
result in higher costs for the services, such costs must be specifically
identified. in the proposal. Unconditional refusal to accept the contract
provisions proposed by the City without offering acceptable alternatives
shall result in disqualification of the offeror or a less favorable evaluation
of its proposal. Proof of required insurance is made part of this contract.
Acceptance is not complete unless and until proof of required insurance is
submitted to the City.
2. CONTRACT TERM
It is anticipated the Consultant(s) will enter into a two-year contract with
an option to extend for up to two additional one year terms.
3. WORK ORDER AGREEMENT (WOA)
Individual Projects will be assigned through Work Order Agreements
(WOA). Each WOA will describe the project and will incorporate all terms
and conditions of the Personal Services Contract. A project is considered
assigned when all required signatures have been obtained on the WOA
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and the City has issued a. notice to proceed to the Contractor. Each WOA
may be amended to allow for additional phases of work necessary for a
project, within the scope of the Contract.
The projects will be assigned as needed and there is no guarantee that
any specific amount of work or overall dollar amounts will be assigned
during the term of the Personal Services Contract.
The Consultant shall perform Services in accordance with the Personal
Services Contract only within an issued and approved" WOA. If Consultant
refuses or cannot ~omply with a WOA assignment, an authorized
representative of the Consultant shall submit a written refusal within two
days of receipt of request for the WOA. If Consultant refuses an
assignment or takes more than two days to respond, ~he City may offer
the WOA to another Consultant, or solicit separately for those services, or
take other action deemed appropriate.
The maximum amount payable may only be exceeded upon the prior
written approval by the City through an amended WOA. No Services
under a WOA or amendment shall begin before the City, Consultant and
other required signatures are obtained on the WOA or WOA amendment,
and the City has issued a Notice to Proceed.
v. PROPOSAL CONTENTS
The consultant shall submit three copies of the proposal for consideration by the
City. The proposal shall address each of the following listed items and shall be
organized in accordance with this section of the proposal.
Proposal shall include the following information:
Title of Project
Contact Person
Name:
Title:
Address:
Phone & Fax Number:
Schedule of Events
Proposals must be received by and will be opened at:
2:00 PM, November 5, 2008.
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VI. CRITERIA FOR SELECTION
Each proposal is limited to no more than 6 pages; resumes can be attached as an
appendix; and shall contain the following criteria:
1. UNDERSTANDING OF REQUESTED SERVICES/PROJECT MAX SCORE 10 PTS
This relates to the basic or preliminary understanding of the requested services.
Is there a clear and concise understanding. of the services/project based on
existing information? Is there a general description of the role of the requested
services and the chief issues to be addressed?
2. FIRM'S CAPABILITIES MAX SCORE 20 PTS
This relates to the firm's capabilities in performing the requested services.
References may be included in this section of the criteria. The response should
address the following:
Q Similar services, performed within the last three years, that best characterize
work quality and cost control; including at least three references,
Q Internal procedures and/or policies related to work quality and cost control,
Cl Management and organizationa"1 structure,
Cl Other on-going projects,
Cl Availability to perform the work for the duration of the contract.
3. PROJECT TEAM MAX SCORE 20 PTS
This relates to the project principal, the project manager, key staff and sub-
consultants. The basic question Is how well the team's qualifications and'
experience relate to the requested services:
Cl Extent of principal involvement,
Q Current employer, assignments and location of key members,
Q Names of key members who will be performing the work on this project and
their responsibilities,
Q Qualifications and relevant Individual experience, including sub-consultants,
(J Experience as a team on similar or related projects,
Q Project Manager's experience with similar projects and Interdisciplinary
teams.
4. RESOURCES MAX SCORE 15 PTS
This relates to the total resources allocated to providing the requested services.
(examples: compatible computer equipment, adequate sUlveyequipment, etc.).
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5. RESPONSE TIME MAX SCORE 25 PTS
This criteria relates to how quickly the consultant can respond to any givefl
assignment and what priority would be assigned to City projects.
6. COST OF SERVICES MAX SCORE 10 PTS
In an attached sealed envelope, provide a summary of service costs including:
CI Survey crew rate,
CI Professional Land Surveyor rate,
CI Survey Technician rate,
CI Draftsperson rate,
Cl Direct non-labor costs which might be applicable.
PROPOSAL EVALUATION & SELECTION
1. REVIEW
Proposals will be reviewed and evaluated by personnel from the City of Ashland
Department of Public Works. Each proposal will be evaluated on the
completeness and quality of content as described in the preceding section.
Interviews may be conducted with the top ranking firm~ if the City deems it
necessary .
2. EVALUATION CRITERIA
Each proposal will be judged as a demonstration of the consultants capa"bilities
and understanding of the services requested. Evaluation factors and points will
be as follows:
Criteria Maximum
Score
A. Understanding of ReQuested Services 10
B. Firms Capabilities 20
c. Project Team 20
D. Resources 15
E. Response Time 25
F. Cost of Services 10
TOTAL 100 Points
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3. CITY RESERVATION
The City of Ashland reserves the right to waive irregularities or discrepancies in a
proposal if the City determines that the waiver is in the best interest of the City.
4. ADDENDA TO THE RFP
The provisions of this RFP cannot be modified by oral interpretations or
statements. If inquiries or comments by offerors raise issues that require
clarification by the City, or the City decides to revise any part of this RFP,
addenda will be provided to all persons known to the contact person who have
received or will subsequently receive the RFP. Receipt of addenda must be
acknowledged by signing and returning it with the proposal.
5. PROTEST
Any prospective consultant who contends that the provisions of the RFP or any
aspect of the procurement process will encourage favoritism in the award of the
contract, or substantially diminish competition, must file a written protest to the
RFP at least ten days prior to the date set for the opening of proposals. Failure
to file a protest will be deemed a waiver of any claim by an offeror that the
procurement process violates any provision of ORS Chapter 279, the City of
Ashland local Contract Review Board Rules or the City's procedures for screening
and selection of persons to perform personal services.
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APPENDIX
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CONTRACT FOR PERSONAL SERVICES
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488..6002
Fax: 541/488-5311
CONSULTANT:
CONTACT:
ADDRESS:
TELEPHONE:
DATE AGREEMENT PREPARED:
BEGINNING DATE:
COMPENSATION:
FAX:
COMPLETION DATE:
SERVICES TO BE PROVIDED:
ADDITIONAL TERMS:
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal .services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings 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 performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and col'Jlplete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. 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.530 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 50GA>> 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.
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10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part. effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following .
conditions:
i. If City funding from federal. state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice. or within such other period as
the party "giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's Performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliaation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b. or
c above shall be without prejudice to any obligations or liabilities' of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract dOCuments, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to per(orm work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall 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. Worker's Comoensation 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
qover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General 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 occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liabilitv insurance with a combined single limit, or the eQuivalent, of not less than Enter one:
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$200,000, $500,000, $1.000.000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or 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. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies 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, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said 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 BElWEEN 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 HE~EIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriatlons Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
CONSULTANT CITY OF ASHLAND:
BY
BY
Signature
FINANCE DIRECTOR
Print Name
TITLE
DATE
CONTRACT AWARD AND FINDINGS DETERMINED BY:
By:
. DATE
FederallD#
City Department Head
Approved as to
form by Legal:
ACCOUNT #
Date:
I Date: I
(For City purposes only)
I *Completed W9 form must be submitted with contract
PURCHASE ORDER #
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EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number sho~n 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 pe~ury
that its business is not in violation of any Oregon tax laws, and it is a corporation authoriz~d to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
(1) 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 trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) labor or services are performed only pursuant to written contracts.
(5) labor or services are performed for two or more different persons within a period of one
year.
(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.
Contractor
(Date)
III. T-----
Fonn W-g
J. ".
(Rev. October 2007)
Dep~rtment c>f the rr~asury
InttJrnal Re~enw SerVIce
Request for Taxpayer
Identification Number and Certification
Give fonn to the
requester. Do not
send to the IRS.
Nam. (as shown on yt:AJf incane tax retum)
N
CD
a
ftS
Q.
t:
o
II
e!J
c'
-eJi
0.(,)
:e
(,)
i
CD
c7J
Business name, if different from abcwe
Check appropriate box: D lndividuollSoIe proprietor D Corporation 0 Partneratip
o Limited Dability compeny. Enter the tax classification (D=diaregerded entity, C=corporation, P=p.-1ner8hlp) ~ _______
D Other ra.. inaructicns) ~
Addr... (m.mb<<, .reet, and apt. or suite no.)
City, stat., end ZP cod.
List account nunber(a) her. (optional)
aver Identification Number
o Exempt
pay..
Requester'. name and addreea (optional)
ISOda".7 ~
or
Employer ldentiflc8tlon runber
Enter YOll' TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid
backup withholding. For individuals, this is your social security nunber (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 nll1lber (EIN). If you do not have a runber, 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
nllTlber 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 withholcing because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal.
Revenue ServIce (IAS) 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 subj~ct to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certlflcatlon.lnstructIons. You m.ast cross out item 2 above if you have been notified by the IRS that you are ClI'rently subject to backlJp
withholdilg because you have failed to report aU interest and dividends on ycu tax retlln. For r~ estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonnent of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and civldends, you are not reqLired to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign I SlgIwtLn of
Here u.s. pereon ~ Date ~
General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who Is requi'ed to file an Infarnatlon return with the
IRS must obtain YCU' correct taxpayer identifICation number (TIN)
to report, fa example, income paid to you, real estate
transactions, matgage interest you paid, acquisition or
abandonment of S8Cl.I'ed property, cancellation of debt, or
contributions you made to an IRA
Use Form W-9 only if you are a U.S. person ~ncluding 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, YOl6 allocable share of any partnership income from
a U.S. trade a 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 yOU' TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
Deftnltlon of a U.8. person. For federal tax pll'poses, you are
considered 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
aganlzed In the United States Q" under the laws of the United
states,
. An estate (ot her 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 requi'ed to
pay a withholding tax on any faeign perin81'S' share of income
from such business. Fu1her, In certain cases where a Form W-9
has not been received, a partnership is requi-ed to presume that
a pcv1ner is a faelgn person, and pay the withholding tax.
Thereforet if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Fam W-9 to the partnership to establish YOll' U.S.
status and avoid withholding on YOll' 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
following cases:
· The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X F am W -9 (Rev. 10-2007)
TERRA SURVEY, INC.
PROPOSED SURVEYING SERVICES FEE SCHEDULE FOR CITY OF ASHLAND
PROJECT NO 2008-21
SURVEY CREW:
(Two Person or One person w/Robotic)
$ 120.00/HR
PROFESSIONAL:
$80.00/HR
SURVEY TECHNICIAN:
$65.00/HR
DRAFT PERSON:
$65.00/HR
CLERICAL:
$45.00/HR
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.
Council Communication
CITY OF
ASHLAND
Ap~roval of Two Public Works Contracts for Flexible Surveyin2 Services
February 17, 2009
Public Works/Engineering
Finance
Martha Bennett
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
James Olson, 552-2412
olsoni@ashland.or.us
Michael R. Faught
Consent Agenda
Meeting Date:
Department:
Secondary Dept.:
Approval:
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 surveying 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 qUlllified surveying firms 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:
Ranking Firm Number of Points
1 Terrasurvey 89.0
2 Polaris Land Surveying 87.7
3 Neathamer Surveying 84.7
4 OBEC Consulting Engineers - 82.0
5 Hardey Engineering & Associates, Inc. 80.7
6 HBH Consulting Engineers 79.3
7 Hoffbuhr & Associates, Inc.' 77.0
8 Rhine-Cross Group 72.3
The terms of the request for proposal and of the resulting contract were that two firms 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
contract. 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
may exceed $50,000 depending on the number of projects developed in the upcoming years.
Council's consideration should be for the current contract approvals plus authorization for two one-
year extensions for each contract.
Page 1 of2
r61
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 T errasurvey, Inc, and
P~laris Land Surveying LLC.
2. Move to approve the contracts without potential contract extensions with Terrasu!!,ey, 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
r.,
~
CITY Of
ASHLAND
December 3, 2008
Stuart Osmus
T errasurvey
274 Fourth Street
Ashland OR 97520
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 o,(a quick response to anticipated City needs which
included knowledge of the City's rules and proce,dures 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~
~{/)L
-
James H. Olson
Engineering Services 'Manager
cc: Mike Faught
Engineering
20 E. Main Street
Ashland. Oregon 97520
www.ashland.or.us
Tel: 541/488-5347
Fax: 541-/488-6006
TTY: 8oon35-29OO
~
G:\pub_wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-21 Intent to Award Ltr 12 03 08.doc
~~
e....rT'~iJ aeeO, RDER
CITY OF Ii T n
ASHLAND
Page 1 / 1
20 E MAIN ST.'
ASHLAND, OR 97520
(541) 488-5300
2/1 0/2009
08801
VENDOR: 003354
'TERRASURVEY INC
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
"w ":r'" ,,",',Bi;;:,.i',' ',,/, , k"'" """ ''''Hix' :1 r, irV ;";'r~fi;.rm\';;nl;~::;:J"n;:1V';';.
'.ii,;/ "ii;Qx;"Yi;i\/! ,'fiF';""
THIS IS A REVISED PURCHASE ORDER
Contract for primary flexible Qeneral 17,500.00
surveyinQ services to be provided on an
as needed basis.
RFP
Contract for Personal ServicE)s
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. ~ I
Approved by City Council February 17,
2009
SUBTOTAL 17 500.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 17,500.00
ASHLAND, OR 97520
E 110.08.14.00.70420
E 260.08.12.00.70420
E 260.08.17.00.70420
E 260.08.34.00.70420
E 260.08.35.00.70420
E 260.08.41.00.70420
E 280.08.00.00.70420
~ ~riz~~e
300.00 E 670.08.15.00.7042 0
2,000.00 E 670.08.18.00.7042 0
~ 000.00 E 670.08.38.00.7042 0
300.00 E 675.08.17.00.7042 0
500.00 E 675.08.37.00.7042 0
500.00 E 710.08.23.00.6041 0
600.00
3,000.00
1,000.00
800.00
2,000.00
500.00
5,000.00
VENDOR COPY
CITY OF
ASHLAND
REQUISITION
No. PW FY 2009
Department PUBLIC WORKS
Vendor TERRASURVEY INC.
274 FOURTH STREET
ASHLAND OR 97520
Date January 22,2009
Requested Delivery Date
Deliver To JIM OLSON
Via
ASAP
I .
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price Total Price PO No.
Contract for primary flexible general surveying
services to be provided on an as-needed basis.
Cemetery 110.08.14.00.704200 $ 300.00
Street 260.08.12.00.704200 $ 2,000.00
Street SDC 260.08.35.00.704200 $ 500.00
Street LID 260.08.41.00.704200 $ 500.00
Storm Drain 260.08.17.00.704200 $ 1,000.00
Storm Drain SDC 260.08.34.00.704200 $ 300.00
Airport 280.08.00.00.704200 $ 600.00
Water Distribution 670.08.18.00.704200 $ 1,000.00
Water Supply 670.08.15.00~704200 $ 3,000.00
Water SDC 670.08.38.00.704200 $ 800.00
WW Collections 675.08.17.00.704200 $ 2,000.00
~7 WW SDC 675.0~0.704200 $ 500.00
Engineermg 710.08.23.00.604130 $ 5,000.00
TOTAL $ 17,500.00
for Karl:
BID /RFP / EXEMPT: RFP
Contract Start Date: February 1, 2009
Contract Completion Date: 30-Jun-l1
Insurance on file: ~ yes I NO
Project No: N/A
f
Job No.
Unit No.
I hereby certifY that the above items are necessary for the operation
of this deparbnent and ate budgeted
Deparbnent Head or Authorized Person
Issued By
Date
Received By
r~'
G:\pub-wrks\eng\dept-admin\SURVEYOR\Terra 2009\FY09 Terra Flexible Serv Req.xls