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HomeMy WebLinkAbout2011-285 Contract - Right of Way Associates Contract for PERSONAL SERVICES less than $35,000 C I T Y OF CONSULTANT: Right-Of Way Associates, Inc. ASHLAND CONTACT: R. David Feinauer, Pres. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 10186 SW Laurel Street, Beaverton, OR 97005 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 503-664-3436 DATE AGREEMENT PREPARED: 1015/11 FAX: 503-664-7400 BEGINNING DATE: 10/10/11 COMPLETION DATE: 12/31/2012 COMPENSATION: Not to exceed $22,200 SERVICES TO BE PROVIDED: See attached proposal dated September 19, 2011 for project no. 2002-05 ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, 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/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 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. 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$18,890 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: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Cit 's Convenience. This contract may be terminated at any time by City upon 30 days'notice in writing G:\pub-wrks\engk02-05 N. Main Hersey Wimer Intersection RealignW_AdmintRight of way assoc contract 10 511.doc, Page 1 of 5 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 notce, 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. ObiigationlLiability 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 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 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 Compensation 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 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: $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 change. 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 insurers to G:\pub-wrks\eng\02.05 N. Main Hersey Wimer Intersection Realign\A Admin\Right of way assoc contract 10 511.doc,Page 2 of 5 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. The consultant's insurance is primary and non-contributory.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 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, UNDERSTANDS 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 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. onsultant: City of Ashland By j2 D� dauaaA - By t`mKSi. c�D ae= - Signature Department Head Q , DAV I'a r&71UAU�7'L Print Name Print Name Pee. la-8o,t `O ' o;I.(o ( 1/ Title Date W-9 One copy of a W-9 is to be submitted with /D �� the signed contract. Purchase Order No. l G:\pu1b-wrks\eng\02-05 N. Main Hersey Wimer Intersection Realign\A_Admin\Right of way assoc contract 10 5 l l.doc,Page 3 of 5 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 ID (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: (1) 1 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) 1 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) GApub-wrks\eng\02-05 N.Main Hersey Wimer Intersection RealignlA_Admin\Right of way assoc contract 10 5 11.doc,Page 4 of 5 WA EXHIBIT C RO ,OBeovPh 503OR 917005 Ph 503.644.3436 RIGHT--OF-WAY ASSOCIATES,INC. Fox 503.644.7400 www.rowainc.com September 19, 2011 Index#:11-014-000 James H. Olson, PLS Engineering Services Manager City Surveyor 51. Windburn Way Ashland, OR 97520 Subject: Proposal for RIW Services for the Hershey & Wimmer Realignment Project Dear Mr. Olson, Right-of-Way Associates is pleased to respond to your request for a proposal to provide right-of-way acquisition and relocation services for the above referenced project. Our understanding of the scope of work and services we would provide follows: Scope • Right-of-way acquisition management and coordination • Right-of-Way project & parcel file setup • Title coordination & document preparation • Preliminary appraisal activities • Acquisition negotiation • Escrow coordination • Right-of-Way project & parcel file closeout Detailed Scope of Work with tasks and assumptions is attached as Exhibit A. Fee Estimate for professional services and direct costs is attached as Exhibit B. Right-of-Way Associates is prepared to provide the above referenced services based on the scope of work and noted assumptions for an amount not-to-exceed $22,200.00 without additional authorization from the City. Page 2 of 8 During the course of the project, itemized invoices reflecting actual labor time and costs will be submitted against the Scope of Work not-to-exceed amount. We will begin work immediately upon receipt of notification to proceed. Please contact me by phone at 503-644-3436, 1-800-944-3436, by fax at 503-644- 7400, or by mail at 10186 SW Laurel Street, Beaverton, OR 97005 with your questions or concerns. My e-mail address is: david anrowainc.com. Sincerely, R. David Feinauer, President Page 3 of 8 EXHIBIT "A" TASK 1: RIGHT-OF-WAY ACQUISITION Manage and coordinate all facets of the scope of work and contingency tasks • Attend Agency project kickoff/coordination meetings • Monitor project budget • Schedule work phases to meet deadlines • Identify key acquisition and relocation issues • Assure compliance with State and City standards • Monitor negotiation and appraisal progress • Provide status reports • Manage sub-consultant services Assumptions: • That ROWA staff will not be required to attend public meetings. • That status reports will be submitted on a monthly basis TASK 2: RIGHT-OF-WAY PROJECT AND PARCEL FILE SETUP • Open real estate files for project, including electronic files for tracking project communications. • Create project tracking spreadsheet for key tasks and deliverables • Create parcel status report template • Create Project Management sheet to track key project details, policy decisions, client preferences, scope, schedule and budget information • Open RM file for parcel, including electronic file for storage of documents and communications related to parcel • Identify parcels and set up a project parcel numbering system • Receive and process design plans for project • Receive and process legal description and exhibit map for property impact Assumptions: • That the City will provide a listing of properties impacted by the project • That the City will provide legal descriptions and a clear sketch/exhibit map depicting the property rights to be acquired • That the City will provide a copy of the design /construction plans showing the construction activities to be performed. TASK 3: TITLE COORDINATION AND DOCUMENT PREPARATION • Obtain property owner and tax assessor information for parcels • Furnish property ownership data to the appraisal other subcontractors as required • Obtain and review preliminary title reports and special exceptions for the subject properties to verify interests and condition of ownership • Review encumbrances with Agency to determine which exceptions to title can remain after closing and which will require clearing or partial reconveyance • Identify if escrow services are needed Page 4 of S • Determine conveyance documents that will be needed to acquire property rights • Obtain Agency templates for conveyance documents or draft templates for Agency review and approval for use • Draft Offer letter • Draft conveyance documents, including incorporation of legal descriptions provided by others, proper signature blocks and acknowledgment formats • Assemble draft Offer packet, including applicable brochures and W-9 form Assumptions: • That trios will be obtained from the title company for all properties to obtain initial ownership information for file setup. • That title reports will be required for all ownerships to ensure knowledgeable review of the condition of title, and accurate and binding transfer of ownership. • That the cost of preliminary title reports will be included in our cost estimate but the cost of any resulting title insurance will be born by the Agency. • That the Agency will provide approved document templates for use in acquiring property rights and transferring title. TASK 4: APPRAISAL COORDINATION SERVICES • Identify and contract with an appraiser qualified to perform the necessary tasks • Identify the appraisal problem and devise a scope of work • Make assignments and issue the notice to proceed • Provide necessary documentation, information, and clarifications for appraiser's use • Coordinate appraisal work to be consistent w/ project schedule and Agency needs • Examine appraisals submitted by sub-consultants prior to submittal to Agency • Process and transmit appraisal reports to Agency for administrative review and approval TASK 5: APPRAISAL SERVICES Obtain complete appraisals prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP), and presented in a narrative summary format which values the property rights to be purchased. Steps to be performed in this process include the following activities: • Review title reports for the subject properties to verify interests and condition of ownership • Provide ORS 35.346 compliance for owner contact and offer an opportunity to inspect the property with the appraiser • Conduct property inspections and owner interviews • Research comparable sales and other data from available sources • Confirm sales prices and other market influences on value with owners, developers and others familiar with the market • Estimate value for the subject properties and the rights to be taken • Consider the impact of the acquisition as it may relate to damages to the Page 5 of 8 remainder • Examine cost to cure measures, if any, which might mitigate these damages • Describe the findings and establish an estimate of Just Compensation for the acquisition at each property Assumptions: • That one appraisal of a City owned lot will be required. • That appraisal(s) of partial takings from two properties will be required. • That the property being purchased is to be used for a designated pubic project, and that the appraisal will not consider the impact of the project on the value of the property in the before condition. • That a narrative appraisal report describing a complete appraisal, delivered in a Summary format and based on a Taking and Damages Valuation assumption will be provided to the Agency. • That the acquisition is being performed without federal funds and that the appraisal will be reviewed administratively by Agency personnel instead of by a formal appraisal review. • That the Agency may determine the need for the formal review of appraisals on a per parcel basis, and that the scope of work will be amended to include this activity later in the project as needed and at a cost to be determined at that time. • That the appraisal costs provided in this proposal are based on assumptions which may later be found to be invalid as to the scope and extent of the appraisal problem. In the event that such a discrepancy is discovered, discussions with the Agency will be initiated by ROWA in order to obtain agreement and approval of any changes to the scope and/or fee for the appraisal. • That any additional appraisal work outside the scope outlined in this proposal, or subsequent updates of appraisals provided under this proposal, will be provided under a separate agreement or an extension of the agreement to provide the above services. • That appraisal services will be subcontracted by ROWA to Tom Harris on a fixed fee basis, described later in this proposal, which will be billed to the City with no service markup. • That the acquisitions are part of a public project and appraisal services will conform to ORS 35.346 in that owners will be provided a 15 day letter as provided in the legislation. • That any pre-trial preparation or court testimony will be provided under a separate agreement or an extension of the agreement to provide the above services. TASK 6: ACQUISITION NEGOTIATION SERVICES Conduct acquisition negotiations to meet the requirements of the State of Oregon and the City of Ashland. Steps to be undertaken include the following activities: • Finalize Offer packets for presentation to property owners • Maintain R/W files to preserve documents and a record of the negotiations • Document property owner contacts as required by State law • Explain the offer to the owner or their representative Page 6 of 8 • Meet with the owner or owner's representative and address all issues created by the acquisition and conduct negotiations in good faith • Coordinate efforts with legal counsel, engineering staff and owner(s); ensure a clear understanding and a workable agreement between all parties of interest • Notarize documents when required Assistance with the Condemnation Process When voluntary agreement is not possible to obtain, provide the following services: • Send irrevocable offers of purchase to owners • Prepare and provide necessary information relative to negotiations and the appraisals to the attorney representing the Agency if there is an action Assumptions: • That preliminary contacts and permission to perform soil, survey and other research will not be required. • Unless otherwise specifically described herein, the property acquisition services do not include efforts to determine or achieve compatibility of the intended use of the property with land use laws and zoning. Therefore, activities such as obtaining land use compatibility statements, actions seeking zoning changes or modifications to urban growth boundaries, and interface with land use regulatory agencies will not be conducted. • That the Agency will provide legal counsel, survey services or other required studies. TASK 7: CLOSING SERVICES (ESCROW NOT REQUIRED) • Review and forward acquired conveyance documents to Agency for acceptance and recording • Order title insurance policy • Provide copy of recorded documents to property owners • Document property owner payment in the negotiation file Assumptions: • That project takings will not require clearing title and obtaining partial release of mortgage and that purchases will not be closed in escrow. If determined later in the project that these services are needed, they will be added by contract amendment and at a cost to be determined later. • That the Agency will be responsible for the recording of acquisition documents and will bear all costs associated with recording activities. TASK 7: RIGHT-OF-WAY PROJECT AND PARCEL FILE CLOSEOUT • Review and conform project real estate file and accounting file to verify all direct costs have been invoiced • Capture Agency preferences, policy and document templates in Agency file for future use Page 7 of 8 • Complete project tracking spreadsheet for key tasks and deliverables • Review and update Project Management sheet with final project details, policy decisions, client preferences, scope, schedule and budget information • Review and conform RAN files for parcels • Print communication log for each parcel and prepare agent affidavit, submit for agent review and signature • Verify all file documentation is complete • Close and archive all project and parcel R/W files General Project Assumptions: • That this cost and scope proposal will be attached and incorporated into the contract services agreement. • That ROWA will assume responsibility for all telephone, computer and other minor and miscellaneous costs incurred by ROWA staff during the project. • That the costs of standard and certified mailing for the project will be billed to the Agency. • That mileage expenses will be charged at the current federal mileage rate during the project. • That the costs indicated constitute a reasonable estimate of the time required to perform the work, but that this estimate is given as a total for all services, the individual parts of which may vary due to project circumstances. • That in the interest of time, and with project manager concurrence, some preliminary work may occur in advance of issuance of the purchase order, including file set up, title report orders, and attorney contacts. These activities are included in this cost proposal. That our billing rates for personnel are based on the fee schedule shown following: Project Management and Coordination $100.00/hour for project management services $80.00/hour for project coordination services Technical Services $80.00/hour for appraisal management services $80.00/hour for acquisition agent services $80.00/hour for relocation specialist services Support Services $48.00/hour for support services $32.50/hour for office clerk services Hershey-Wimer Improvements Right-of-Way Associates,Inc. TASK PROJECT MANAGER PROJECT COORDINATOR NEGOTIATON AGENT SUPPORT STAFF CLERICAL HOURS PER TASK TOTAL HOURS Task No RI btof-Wry Services 1 RMI Management&C taint(meeengsfataNS) 2 3 2 5 0 12 3 RNI Pm et1 and Parcel File Setup 0 2 0 5 0 7 7 T01e Coordination&Document Preparaticn 0 3 0 8 0 11 9 Appraisal&Review Coordination 1 3 2 4 0 10 10 ACquiaton Negoliatlons 1 3 65 2 1 72 12 ACgUiMd Do as Pmcessing 0 1 0 3 0 4 14 RM Pro act and Parcel File Closeout 0 1 1 5 1 8 Task Subtotal 4.00 16.00 70.00 2.00yg,,, 124.00 124.00 R�b?h°'^.`Z"� fr.�s£u:" .. ^' w L� .. t�',�:✓8Czi�� �'.iP p .'13�},,, i'sA'' r3y2rz.DOOq TOTAVLHHOURS 4.008 16.00 70AD 32.DG 2.00 1Z4 124 g� ,gyp yfs�yy YO°b :A�F,e .��.Q.��. .. - '.k8»'� %t•"ffi'.'3i �.w v� al11 Y♦ L ., eN.X,:i.A 'in L :' Rasi.Sib11'RM:/a � Mi7A5 IiP^58xKKf$ `, AYERAOEHOURLYRATES 5100.00 swcol 580.00 $48.001 532.50 TOTAL LABOR EsTimArEl 5400 $1.2801 S5600 51.536 $651 $8,881 ROWA EXPENSES TMe Re ods $450 Appraisals MOM Mileage I Hotel I Meets $850 Posts $40 TOTAL ROWA EXPENSES $13,340 TOTAL ROWA ESTIMATE $22,221 CAMP CERTIFICATE OF LIABILITY INSURANCE io%is%2o) PRODUCER (S03)221-5420 FAX (S03)221-8732 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1. B. Nibley Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1800 SW First Avenue, Suite 10 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland, OR 97201 INSURERS AFFORDING COVERAGE NAIC# INSURED RIGHT-OF-WAY ASSOCIATES INC INSURERA: Travelers Casualty Ins Co of A 19046 10186 SW LAUREL STREET INSURERS: Travelers Indemnity of America 25666 BEAVERTON, OR 97005 INSURERc: Travelers Indemnity Company 25658 INSURER D: 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 MY TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS LTR SR GENERAL LIABILITY I6806717LS67AC]07 10/22/2011 10/22/2012 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY JECT PRO. J( OC AUTOMOBILE LIABILITY BA6720LS1107SEL 10/22/2011 10/22/2012 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) 1,000,000 1,000,000 ALL OWNED AUTOS BODILY INJURY $ B SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per awdent) GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLALIABILITY ISFCUP7876YS23IND07 10/22/2011 10/22/2012 EACH OCCURRENCE $ 1,000,000 X OCCUR ❑ CLAIMS MADE AGGREGATE $ 1,000,000 C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY ER ANY PROPRIETOR/ R/EXECUTIVE E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED' E.L.DISEASE-EA EMPLOYE $ U yee, a under SPECIAL AL PROVISIONS below E .DISEASE-POLICY LIMIT $ OTHER BA6720L51107SEL 10/22/2011 10/22/2012 $250 Ded. Comprehensive B uto Physical Damage $500 Ded.Collision overage DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS additional Insured: City of Ashland its officers, employees and agents ontract for Right of Way services for the Hershey & Wimmer realignment Project #11 010 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Ashland RECEIVED 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, James Olson PLS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 20 East Main Street OF ANY KIN UPON THE INSURER,ITS GENTS OR SEN Ashland, OR 97520 OCT 2 0 2011 AUTHORIZE REP TATWE ACORD 25(2001/08) City ®f Ashlanr' I ©ACORD CORPORATION 1988 ACORDa CERTIFICATE OF LIABILITY INSURANCE io118/20) PRODUCER (503)221-5420 FAX (503)221-8732 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION J. B. Nibley Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1800 SW First Avenue, Suite 10 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland, OR 97201 INSURERS AFFORDING COVERAGE NAIC# INSURED RIGHT-OF-WAY ASSOCIATES INC INSURERA Travelers Indemnity Company 25658 10186 SW LAUREL STREET INSURERS: Houston Casualty BEAVERTON, OR 97005 INSURER C: 'SURER D: NSURER 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 IUD9 7VpE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE fMM/OO/YYi GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ❑ OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ POLICY PRO- JECT 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANV AUTO (Ea accitlent) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY. AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND IKUB6719L88607 10/22/2011 10/22/2012 X WCSTATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ SOO,��� A ANY PROPRIETOWPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes.descrilee under SPECIAL PRO ISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 roF essional Liability H707 14411 10/22/2011 10/22/2012 B $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROISIONS E All Operations roject: Right of Way Services for the Hershey & Wimmer realignment project #11 -010 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Ashland 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, James Olson PLS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 20 East Main Street OF ANY KIND O INSURER,IT AGENTS RE REW19YATIVES. Ashland, OR 97520 AUTHORIZED RE VE ACORD 26(2001108) CACORD CORPORATION 1988 CITY OF ASHLAND I October 27, 2011 RE: FINDINGS IN SUPPORT OF CONTRACT WITH RIGHT-OF-WAY ASSOCIATES The Public Works Department has elected to retain Right-of-Way Associates, Inc. of Beaverton to conduct the negotiations for property acquisitions for the Hersey/Wimer Re- alignment Project No. 2002-05. Property acquisitions on projects where federal or state monies are involved must follow very specific and strict guidelines when negotiating for and acquiring properties for public rights-of-way. There are very few firms that are certified or authorized to provide these services and certainly none locally. Although City staff has extensive experience in local property acquisitions none have done an acquisition under ODOT or Federal requirements, nor do our staff have the time to take on this additional work. Right-of-Way Associates, Inc. has a proven track record and has come highly recommended. More importantly they are prepared to commence work on the project immediately. The City Council has mandated that this project by completed by the spring of 2012 which puts this project under an emergency time schedule. This is a very short time schedule for a project of this complexity. Respectfully submitted, James H. Olson Engineering Services Manager Engineering Tel:541/488-5347 20 Main Street Fax:5414488-6006 Ashland,and,Oregon 97520 TTY: 800/7373 5-22 900 w .ashland.or.us Page 1 I 1 i��CORDER �. CITY OF DATE .':'r, PO NUMBER ASHLAND ' 10533 20 E MAIN ST. 11/1/2011 ASHLAND, OR 97520 (541)488-5300 VENDOR: 016543 SHIP TO: Ashland Public Works RIGHT OF WAY ASSOCIATES INC (541)488-5587 10186 SW LAUREL STREET 51 WINBURN WAY BEAVERTON, OR 97005 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del.Date: Contact: Jim Olson Special Inst: Confirming? NO Quanthy Uhit' -1-1 Descri lion Unit Pricer. Ext.Price Right of way acquisition services for 22,000.00 the Hersey/Wimer re-alignment project. Contract for Personal Services Beginning date: October 10, 2011 Completion date: December 31, 2012 Insurance required/On file SUBTOTAL 22 000.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 22,000.00 ASHLAND, OR 97520 v�,.Account Numtier.� ° � + ._Project"Number - Amount Account Number Project"Number .•Amount t'.,�•_ E 260.08.12.00.70420 E 200205.400 22 000.00 AuthVUed Signature VENDOR COPY FORM #3 1 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 1 0/26/11 Required date for delivery: Vendor Name Right nr Way Ag< rn IarPq.Inr Address,City,State,Zip 10196 SW I aural St $pavertnn OR 9700.9 Contact Name&Telephone Number Fax Number R.Davidfeinauer Pres. 503-664-3436 503-664-7400 SOLICITATION PROCESS ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Note:Total contract amount,including any Date approved by Council: Contract# amendments may not exceed$6,000 ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5.000 to$100.000 ❑ Quote or Proposal attached Agency ❑ (3)Written quotes attached Contract# PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement $5,000 to$75,000 ❑ Written Findings(Form attached) Agency ® Less than$35,000,by direct appointment ❑ Quote or Proposal attached Contract# ❑ 3 Written proposals attached Date approved by Council: Date approved by Council: Description of SERVICES Total Cost Provide right-of-way acquisition services for the Herse Mimer re-alignment project $Z Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ' COST ❑ Per attached quotelproposal Project Number 2002.05 Account Number 260.08.12.00.704200 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date By signing this requisition form,I certify that the information provided above satisfies the City's public contracting requirements,and the documentation can be provided upon request. J Employee Signature: ` Department Head Signature: Prc. Additional signatures(if applicable): Funds appropriated for current fiscal year. �E/ NO nance Director 61 Date G:FlnanceTroceduretAPlFOnn02-05 Right of Way Assoc Requisition Oct 2011.doc Updated on: 10/25/2011