AKS Engineering ~ C140047 City of Tigard
■
CONTRACT CHANGE ORDER/ Tigard,
,Or Hall Blvd.22
� Tigard,Oregon 97?n3
ANIENDMEN T SummARY FORM Phone- (503) 639-4171
Fax- (503) 654-7297
www.ticvard-or. ov
Project Title: Public Works Yard ALTA Survey Project Manager: Sean Farrell
Contractor: AKS Engineering& Forestry Ori final Contract#: C140047
Effective Dates: Chane Order/Amendment Amount: $300.00
Accounting String: Amendment Percenta e Running Total: %
AMENDMENT DETAILS
Increases the total contract amount by$300.00 to take the total to $6,200.00.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
Increases the contract amount b $300.00 to cover the Title Company Fees.
REQUESTING PROJECT MANAGER APPROVING CITY ST
Si tature Sionattrre
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
PW YARD ALTA SuRvEY
C140047
AMENDMENT#1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and AKS, hereinafter referred to as Contractor, entered into on the 7th day of January, 2014, is
hereby amended as follows:
1. Consultant's Fee
A. Basic Fee
1) ...The Basic Fee shall not exceed the amount of 1✓t rk�+ Yrc4 r�N #tn�t#t c c!rlel;ar
r Six Thousand Two Hundred and No/100 Dollars ($6,200.00) without prior
written authorization.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this.Amendment upon signature and date listed below.
CITY OF TIGARD AKS
Signature Signature
Printed Name Printed Name
L) rLl L
Date Date
CITY OF TIGARD,OREGON- CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVER Y CONTRACT
Contract Title: ALTA Survey PW Yard Number: C140047
Contractor: AK.S Engineering Contract Total: $5,900
Contract Overview: Provide ALTA survey of Public Works Yard for potential redevelopment (part of
CET rant activities)
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Sean Farrelly Est: 2420 Department: 3700
Type: ❑ Purchase Agreement ® Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: 1/7/2014 End Date: 6/30/2014
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
AKS $5,900
Account String: Fund-Division-Account Work Order—Activity Type Amount
Year 1 940-8000-56005 97012-940-110
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments: 0�e
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract# 6 00q I
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
PUBLIC WORKS YARD ALTA SURVEY
THIS AGREEMENT, made and entered into this 7th day of January, 2014, by and between the
City of Tigard, a municipal corporation, hereinafter referred to as the "City," and AKS Engineering
and Forestry,hereinafter referred to as the "Consultant."
RECITALS
WHEREAS, the City's Fiscal Year 2013-14 budget provides for survey services for the Public
Works Yard Development project;and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the program of the City;and
WHEREAS, the City desires to engage the Consultant to render professional survey services for the
project described in this Agreement, and the Consultant is willing and qualified to perform such
services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties
hereby agree as follows:
1. Consultant's Scope of Services
The Consultant shall perform professional ALTA surrey services relevant to the Project in
accordance with the terms and conditions set forth herein, and as provided in Exhibit 1,which
is attached hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution by the City's Local Contract
Review Board, and shall expire,unless otherwise terminated or extended, on completion of the
work or June 30, 2014 whichever comes first. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
3. Consultant's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 of this
Agreement, and for services required in the fulfillment of Paragraph 1, the
Consultant shall be paid on an hourly rate based upon the "Schedule of
Rates" in Exhibit 1 of this agreement, which shall constitute full and
complete payment for said services and all expenditures which may be made
and expenses incurred, except as otherwise expressly provided in this
Agreement. The Basic Fee shall not exceed the amount of Five thousand,
Nine hundred dollars and No/100 ($5,900.00) without prior written
authorization.
2) The parties hereto do expressly agree that the Basic Fee is based upon the
Scope of Services to be provided by the Consultant and is not necessarily
related to the estimated construction cost of the Project. In the event that
the actual construction cost differs from the estimated construction cost, the
Consultant's compensation will not be adjusted unless the Scope of Services
to be provided by the Consultant changes and is authorized and accepted by
the City.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed.
Billings shall be submitted by the Consultant periodically, but not more frequently
than monthly. Payment by the City shall release the City from any further obligation
for payment to the Consultant for service or services performed or expenses
incurred as of the date of the statement of services. Payment shall be made only for
work actually completed as of the date of invoice. Payment shall not be considered
acceptance or approval of any work or waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Consultant shall furnish or acquire for
the City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Consultant shall furnish certified cost records for all billings pertaining to other
than lump sum fees to substantiate all charges. For such purposes, the books of
account of the Consultant shall be subject to audit by the City. The Consultant shall
complete work and cost records for all billings on such forms and in such manner as
will be satisfactory to the City.
E. Contract Identification
The Consultant shall furnish to the City its employer identification number, as
designated by the Internal Revenue Service, or social security number, as the City
deems applicable.
F. Payment—General
1) Consultant shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Consultant shall pay employees at least time and a half pay for all overtime
worked in excess of 40 hours in any one week except for individuals under
the contract who are excluded under ORS 653.010 to 653.261 or under 29
USC sections 201 to 209 from receiving overtime.
3) Consultant shall promptly, as due, make payment to any person, co-
partnership, association or corporation, furnishing medical, surgical and
hospital care or other needed care and attention incident to sickness or injury
to the employees of Consultant or all sums which Consultant agrees to pay
for such services and all moneys and sums which Consultant collected or
deducted from the wages of employees pursuant to any law, contract or
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agreement for the purpose of providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
5) Consultant shall make payments promptly, as due, to all persons supplying
services or materials for work covered under this contract. Consultant shall
not permit any lien or claim to be filed or prosecuted against the City on any
account of any service or materials furnished.
6) If Consultant fails, neglects or refuses to make prompt payment of any claim
for labor, materials, or services furnished to Consultant, sub-consultant or
subcontractor by any person as such claim becomes due, City may pay such
claim and charge the amount of the payment against funds due or to become
due to the Consultant. The payment of the claim in this manner shall not
relieve Consultant or their surety from obligation with respect to any unpaid
claims.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service, are and shall remain, the property of the Consultant;
however, the City shall be furnished, at no additional cost, one set of previously
approved reproducible drawings, on 3 mil minimum thickness mylar as well as
diskette in "DWG" or "DXF" format, of the original drawings of the work. The
City shall have unlimited authority to use the materials received from the Consultant
in any way the City deems necessary.
B. The City shall make copies, for the use of and without cost to the Consultant, of all
of its maps, records, laboratory tests, or other data pertinent to the work to be
performed by the Consultant pursuant to this Agreement, and also make available
any other maps, records, or other materials available to the City from any other
public agency or body.
C. The Consultant shall furnish to the City, copies of all maps,records, field notes, and
soil tests which were developed in the course of work for the City and for which
compensation has been received by the Consultant at no additional expense to the
City except as provided elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees to assignment of
tasks to a subcontract, Consultant shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them, and neither the approval by City of any
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
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6. Consultant is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Consultant's work product is satisfactory and consistent -%ith this agreement, but
Consultant is not subject to the direction and control of the City. Consultant shall
be an independent contractor for all purposes and shall be entitled to no
compensation other than the compensation provided for under Section 3 of this
Agreement.
B. Consultant is an independent contractor and not an employee of City. Consultant
acknowledges Consultant's status as an independent contractor and acknowledges
that Consultant is not an employee of the City for purposes of workers
compensation law, public employee benefits law, or any other law. All persons
retained by Consultant to provide services under this contract are employees of
Consultant and not of City. Consultant acknowledges that it is not entitled to
benefits of any kind to which a City employee is entitled and that it shall be solely
responsible for workers compensation coverage for its employees and all other
payments and taxes required by law. Furthermore, in the event that Consultant is
found by a court of law or an administrative agency to be an employee of the City
for any purpose, City shall be entitled to offset compensation due, or to demand
repayment of any amounts paid to Consultant under the terms of the agreement, to
the full extent of any benefits or other remuneration Consultant receives (from City
or third party) as a result of said finding and to the full extent of any payments that
City is required to make (to Consultant or to a third party) as a result of said finding.
C. The undersigned Consultant hereby represents that no employee of the City or any
partnership or corporation in which a City employee has an interest, has or will
receive any remuneration of any description from the Consultant, either directly or
indirectly,in connection with the letting or performance of this Agreement, except as
specifically declared in writing.
D. If this payment is to be charged against Federal funds, Consultant certifies that
he/she is not currently employed by the Federal Government and the amount
charged does not exceed his/her normal charge for the type of service provided.
E. Consultant and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or
more in the calendar year by any public employer participating in the Retirement
System.
F. Consultant shall obtain, prior to the execution of any performance under this
Agreement, a City of Tigard Business License. The Tigard Business License is based
on a calendar year with a December 31 st expiration date. New businesses operating
in Tigard after June 30th of the current year will pay a pro-rated fee though the end
of the calendar year.
G. Consultant is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
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7. Indemnity
A. The City has relied upon the professional ability and training of the Consultant as a
material inducement to enter into this Agreement. Consultant represents to the City that
the work under this contract will be performed in accordance with the professional
standards of skill and care ordinarily exercised by members of the Consultant's
profession under similar conditions and circumstances as well as the requirements of
applicable federal, state and local laws, it being understood that acceptance of an
Consultant's work by the City shall not operate as a waiver or release. Acceptance of
documents by City does not relieve Consultant of any responsibility for design
deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Consultant agrees and shall indemnify,
defend, save and hold harmless the City of Tigard, its officers, employees, agents, and
representatives from all claims, suits, or actions and all expenses incidental to the
investigation and defense thereof, of whatsoever nature, including intentional acts
resulting from or arising out of the activities of Consultant or its subcontractors, sub-
consultants, agents or employees in performance of this contract at both trial and appeal
level, whether or not a trial or appeal ever takes place including any hearing before
federal or state administrative agencies.. If any aspect of this indemnity shall be found to
be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this indemnification.
C. Claims for Professional Liability. Consultant agrees and shall indemnify, defend, save
and hold harmless the City of Tigard, its officers, employees, agents, and representatives
from all claims, suits, or actions and all expenses incidental to the investigation and
defense thereof, arising out of the professional negligent acts, errors or omissions of
Consultant or its subcontractors, sub-consultants, agents or employees in performance
of professional services under this agreement. Any work by Consultant that results in a
design of a facility that is not readily accessible to and usable by individuals with
disabilities shall be considered a professionally negligent act, error or omission.
D. As used in subsections B and C of this section, a claim for professional responsibility is a
claim made against the City in which the City's alleged liability results directly or
indirectly, in whole or in part, from the quality of the professional services provided by
Consultant, regardless of the type of claim made against the City in performance of this
contract. A claim for other than professional responsibility is a claim made against the
City in which the City's alleged liability results from an act or omission by Consultant
unrelated to the quality of professional services provided by Consultant in performance
of this contract.
8. Insurance
Consultant and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the tern of this contract. Such insurance shall cover risks arising directly or
indirectly out of Consultant's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is
primary insurance with respect to the interests of City and that any other insurance maintained
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by City is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Consultant and its subcontractors shall
provide at least the following limits and coverages:
A. _Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall
include Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Professional Liability
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by an error,
omission or any negligent acts. Combined single limit per claim shall not be less than
$2,000,000, or the equivalent. Annual aggregate limit shall not be less than $3,000,000 and
filed on a"claims-made" form.
C. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of
the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability
coverage on an "occurrence" form including coverage for all owned,hired,and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
D. Workers' Compensation Insurance
The Consultant, its subcontractors, if any, and all employers providing work, labor or
materials under this Contract are subject employers under the Oregon Workers'
Compensation Law and shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Consultants who perform work without the assistance or labor of any employee need
not obtain such coverage. This shall include Employer's Liability Insurance with coverage
limits of not less than$1,000,000 each accident.
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E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers, employees, agents and representatives as additional
insureds with respect to this contract. Coverage will be endorsed to provide a"per project"
aggregate.
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims-made" basis,
Extended Reporting coverage will be required at the completion of this contract to a
duration of 24 months or the maximum time period the Consultant's insurer will provide
such if less than 24 months. Consultant will be responsible for furnishing certification of
Extended Reporting coverage as described or continuous "claims-made" liability coverage
for 24 months following contract completion. Continuous "claims-made" coverage will be
acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract. Coverage will be endorsed to provide a "per
project"aggregate.
G. Insurance Carrier Rating
Coverage provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
H. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the light in its sole discretion to determine whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Consultant shall furnish
a Certificate of Insurance to the City. No contract shall be effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the address below prior to
coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
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K. Primary Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability
and commercial automobile policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will
be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work.
The procuring of such required insurance shall not be construed to limit Consultant's liability
hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount
of any damage,injury, or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Consultant. If City terminates the contract pursuant to this
paragraph,it shall pay Consultant for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement 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:
1) If City funding from federal, state,local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated
quantity of services. This Agreement may be modified to accommodate a
reduction in funds.
2) 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 Agreement.
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3) If any license or certificate required by law or regulation to be held by
Consultant, its subcontractors, agents, and employees to provide the services
required by this .agreement is for any reason denied, revoked, or not
renewed.
4) If Consultant becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Consultant, if a receiver or trustee is
appointed for Consultant, or if there is an assignment for the benefit of
creditors of Consultant.
Any such termination of this agreement under paragraph (A) shall be without
prejudice to any obligations or liabilities of either party already accrued prior to such
termination.
B. City, by written notice of default (including breach of contract) to Consultant, may
terminate the whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the
time specified herein or any extension thereof,or
2) If Consultant fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement
in accordance with its terms, and after receipt of written notice from City,
fails to correct such failures within ten days or such other period as City may
authorize.
3) If Consultant fails to eliminate a conflict as described in Section 14 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Consultant shall not be exclusive and are in addition
to any other rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Consultant shall be entitled
to receive as full payment for all services satisfactorily rendered and expenses
incurred, an amount which bears the same ratio to the total fees specified in this
Agreement as the services satisfactorily rendered by Consultant bear to the total
services otherwise required to be performed for such total fee; provided, that there
shall be deducted from such amount the amount of damages, if any, sustained by
City due to breach of contract by Consultant. Damages for breach of contract shall
be those allowed by Oregon law, reasonable and necessary attorney fees, and other
costs of litigation at trial and upon appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Consultant of any of the
terms of this Agreement or to exercise any rights hereunder, should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
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on any future occasion.
12. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery,
mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments,and other information:
CITY OF TIGARD AKS ENGINEERING&FORESTRY
Attn: Sean Farrelly Attn:Nick White
Address: 13125 SW Hall Blvd. Address: 13910 SW Galbreath Dr.
Tigard, Oregon 97223 Suite 100
Sherwood, OR 97140
Phone: (503) 718-2420 Phone: (503) 925-8799
Fax: (503) 718-2748 Fax: (Project Mgr's fax #)
Email: sean@tigard-or.gov Email: nick@aks-eng.com
and when so addressed, shall be deemed given upon deposit in the United States mail,postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices, bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to who notices,bills and payments are to be
given by giving written notice pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
writing and signed by both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be provided to the
City by an Consultant, which does not represent clients on matters contrary to City interests.
Further, Consultant shall not engage services of an Consultant and/or other professional who
individually, or through members of his/her same firm,represents clients on matters contrary
to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the
services of an Consultant and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Consultant shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Consultant shall have 30 days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 10 (B- 3) of this agreement.
15. Force Majeure
Neither City nor Consultant shall be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of
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God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine
restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall
within ten days from the beginning of such delay,notify the other parte in writing of the cause
of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
16. Non-Discrimination
Consultant agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statues, rules, and regulations. Consultant also shall comply with the
Americans with Disabilities Act of 1990,ORS 659A.142, and all regulations and administrative
rules established pursuant to those laws. All facilities designed by Consultant under this
contract shall be designed to be readily accessible to and usable by individuals with disabilities
as required by the Americans with Disabilities Act.
17. Errors
Consultant shall perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
18. Extra(Changes) Work
Only the City's Project Manager may authorize extra (and/or change) work. Failure of
Consultant to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
Consultant thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Consultant shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,279B,and 279C.
21. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument in the proposal of the contract, this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
22. Access to Records
City shall have access to such books, documents, papers and records of Consultant as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
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23. Audit
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract
period. Consultant agrees to permit City, the State of Oregon,the federal government, or their
duly authorized representatives to audit all records pertaining to this Agreement to assure the
accurate expenditure of funds.
24. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions shall
not be affected to the extent that it did not materially affect the intent of the parties when they
entered into the agreement.
25. Industrial Accident Fund Pam
Consultant shall pay all contributions or amount due the Industrial Accident Fund form that
Consultant or subcontractors incur during the performance of this Agreement.
26. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibits, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
No waiver, consent,modification, or change of terms of this Agreement 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 specific instances and for the specific purpose given. There are
no understandings, agreements, or representations, oral or written, not specified herein
regarding this Agreement. Consultant,by the signature of its authorized representative,hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
CITY OF>T„1GY" AKS ENGINEERING I
By: Sean Farrelly,Redevelopment Project Mgr. By:Authorized Contractor Representative
/23
Date Date
12
Prof-SA Template—Revised 11/19/2013
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall render professional services as described below:
ALTA SURVEYING SERVICES
An ALTA survey will be performed and a map prepared showing all existing conditions on or
affected by the property per the requirements in the attached"Exhibit B".The utility notification
center (locate services) will be contacted to ensure underground utilities will be located,and the
surface markings can be field tied. If controlling property corner monuments cannot be recovered,
new monuments will be set and a Record of Survey will be filed with Washington County
Surveyor's Office.
13
ProfSA Template—Revised 11/19/2013
EXHIBIT B
CONSULTANT'S PROPOSAL
14 �
PIofSA Template—Revised 11/19/2013
SHERWOOD VANC,", AKI;
13910 SW GALBREATH DR.,SUITE 100 SHERWOOD.OR 974$0 P:1503192°,8799 F':(503)92x89169
ENG SEERING 3 FORESTR!
January 3, 2014
Sean Farrelly
Redevelopment Project Manager
City of Tigard/City Development Agency
13125 SW Hall Blvd
Tigard, OR, 97223
Email: Scan a tigard-or.1,,)o\
Re Surveying Servicesfor 12800 SWAsh.Avenue American Land Title A.wociation (ALTA)
Sunset'(Washington Count° Tax,11ap and Lot;uinher 251(12,4DO3000) City of Tigard
Washington Comity, Oregon
Mr.Farrelly:
Attached is our proposal to provide Surveying Services for the project located at 12800 SW Ash
Avenue,City of Tigard, Washington County,Oregon. We anticipate a completed product within two
weeks of receiving a signed agreement. We will do our best to perform our services in a timely manner
to help ensure a successful project for all parties involved.
We look forward to working with you on this project. If you have any questions or comments,please
call.
Sincerely,
AKS Engineering& Forestry,LLC
Axaat-
Nick White—PLS,Associate
AGREEMENT FOR PROFESSIONAL SERVICES
This agreement is made between City of Tigard (Client) and AKS Engineering&Forestry, LLC
(AKS)to provide Surveying Services for 12800 SW Ash Avenue American Land Title Association
(ALTA) Survey(Washington County Tax Map and Lot Number 2S 102AD03000)City of Tigard,
Washington County,Oregon. See attached Exhibit `A' for the approximate limits of work
The Client authorizes AKS to provide surveying services, acting as an independent consultant for
this project as individually named. The scope of work and fees are as follows:
SCOPE OF WORK
The following list of items outlined are services AKS will be responsible for completing. All work
outlined below will be performed by or under the direct supervision of a Professional Land
Surveyor.
SURVEYING SERVICES
ALTA SURVEYING SERVICES
An ALTA survey will be performed and a map prepared showing all existing conditions on or
affected by the property per the requirements in the attached "Exhibit B". The utility notification
center(locate services)will be contacted to ensure underground utilities will be located, and the
surface markings can be field tied. If controlling property corner monuments cannot be recovered,
new monuments will be set and a Record of Survey will be filed with Washington County
Surveyor's Office.
LUMP SUM FEE FOR SERVICES
• ALTA SURVEYING SERVICES: .................................................................................$5,900
BASIS OF FEE AND BILLING:
In consideration for performing said services, the Client agrees to compensate AKS upon completion
of work.
ASSUMPTIONS:
• The Client will provide an updated title report or reimburse AKS for title report fees.
• Washington County Recording fees ($400)are included in above lump sum fee and will only be
billed if it is necessary to record a Record of Survey with Washington County Surveyor's
Office.
12800 SW Ash Avenue January 3,2014
City of Tigard page 2
EXCLUSIONS:
Services that do not fall within the Scope of Work are excluded from this proposal.
See attached"Provisions"
AKS Engineering& Forestry,LLC Client
Date 01-03-2014 Date
AKS Engineering&Forestry, LLC Sean Farrelly
13910 SW Galbreath Dr. Suite 100 City of Tigard/City Development Agency
Sherwood, OR 97140 13125 SW Hall Blvd
Phone: (503) 925-8799 Tigard, OR 97223
12800 SW Ash Avenue January 3,2014
City of Tigard Page 3
GENERAL PROVISIONS
I. REIMBURSABLE EXPENSES:Reimbursable expenses of AKS Engineering&Forestry,LLC(AKS)shall be those expenses incurred directly for the project,including
but not limited to transportation costs,meals,lodging,computer services,printing,permit fees,and binding charges. Reimbursement for these expenses shall be on the
basis of actual costs(if incurred through an outside vendor)or at AKS'current cost rates.
2. OUTSIDE SERVICES:Any technical or professional services furnished by an outside consultant or contractor will be billed at cost.
3. AKS'FEES AND FEE ESTIMATES: Unless otherwise agreed in writing,charges for all AKS'services will be billed in accordance with AKS'rate schedule in effect at
the time the services are performed. Any estimate provided by AKS will be provided on the basis of experience and judgment,but AKS cannot warrant that actual time and
expenses will not vary from these fee estimates.
4. PAYMENT TO AKS:Monthly invoices will be issued by AKS for all work performed under the terms of this Agreement. Invoices are due and payable on receipt. All
amounts more than 30 days past due will be subject to finance charges. Finance charges are computed at a periodic rate of 1.5%per month(which is an annual percentage
rate of 18%),unless another rate is mandated by law,in which case the finance charge shall equal the maximum interest rate allowed by law. Client agrees that,if it
disputes any portion of an invoice,Client must notify AKS of such dispute in writing within 30 days of the invoice date,which notice must set forth the disputed amount
and the reason for such dispute. Client hereby waives any right to dispute an invoice more than 30 days after an invoice's date.
5. FAILURE TO PAY: Client acknowledges that failure to timely pay any amount hereunder is a material breach of this Agreement,and that AKS may,in its sole
discretion,suspend service and all other obligations under this contract and/or tinder any other contract between AKS and Client(and/or between AKS and any other client
subject to control by Client or any of Client's principals)in the case of any late payment,and that if any payment is not timely made,AKS may further withhold plans,
documents,and information(whether such documents and/or information was prepared under this contract,another contract between AKS and Client,ora contract
between AKS and another client subject to control by Client or one of Client's principal's). AKS may claim a lien for all materials,labor,and services furnished if any
amount due hereunder is not timely paid. In addition to the principal amount due hereunder,and any Finance Charges that accrue hereunder,Client agrees to pay AKS all
collection costs that AKS incurs,regardless of whether or not litigation is initiated,including but not limited to reasonable attorney's fees,court costs,and charges for AKS
staff time(at AKS'regular rates). If AKS suspends work as a result of Client's non-payment,AKS may require an additional"start up fee"to re-start work hereunder,even
if Client cures all past defaults.
6. GOVERNMENT CHANGES:If AKS,pursuant to this Agreement,produces a work product and/or performs fieldwork that complies with the ordinances,policies and
procedures of govemmental agencies,and any such governmental agency changes its ordinances,policies,procedures or requirements after the date of this Agreement,any
additional office or field work thereby required shall be paid for by Client as extra work.
7. ADDITIONAL SERVICES:Client agrees that if services not specified in this Agreement are provided,or if Client requests services not specified here-in,Client agrees to
timely pay for all such services as extra work at AKS's standard rates(if not otherwise specified).
8. CONSTRUCTION COST ESTIMATES:Any construction cost estimates provided by AKS will be on a basis of experience and judgment,but since AKS has no control
over market conditions or bidding procedures,AKS cannot warrant that bids or actual construction costs will not vary from these cost estimates.
9. PROFESSIONAL STANDARDS:AKS shall only be responsible,to the level of competency and the standards of care,skill,and diligence maintained by professionals
providing similar services in AKS'local community at the time that AKS provides services tinder this Agreement. AKS makes no other warranty,expressed or implied.
10. TERMINATION-Either Client or AKS may terminate this Agreement by giving 30 days written notice to the other party. In such event,Client shall immediately pay
AKS in full for all work previously authorized and performed prior to effective date of termination.
11. LIMITATION OF LIABILITY:Client hereby waives all claims against AKS and releases AKS from any claim,demand,loss,or liability that Client may now or
hereafter have against AKS arising out of or in connection with this Agreement or the services provided hereunder(whether in tort,contract or otherwise),
provided that any such claim,demand,loss or liability has not resulted from AKS'gross negligence or willful misconduct. In no case shall AKS's liability to the
Client for any cause or combination of causes,in the aggregate,exceed the amount of the fee actually paid to AKS under this Agreement. In no event shall AKS
be liable for any indirect or consequential damages of any kind.
12. LEGAL EXPENSES:In the event either party hereto must seek legal counsel for the purpose of enforcing or otherwise interpreting the terms ofthis Agreement,whether
or not legal action is initiated.the losing party shall pay the prevailing party all fees,costs,and expenses incurred including reasonable attorneys'fees and expert witness
fees,including any fees and costs incurred on appeal.
13. ENFORCEABILITY:in case any one or more of the provisions contained in this Agreement shall be held illegal,the enforceability of the remaining provisions contained
herein shall not be impaired.
14. AUTHORIZATION TO PROCEED: Any request by Client for AKS to proceed with work shall constitute an express acceptance of all terns to this Agreement,
including these General Provisions.
15. TRANSFERABILITY OF AGREEMENT:This Agreement is between Client and AKS and is not transferable without the written consent of the other party.
16. ACCESS TO SITE:Unless otherwise stated,Client warrants that AKS will have access to the site,to the same degree as Client,for activities necessary to perforin services. Client
represents that it has unrestricted access to the site.
17. OWNERSHIP OF DOCUMENTS:It is understood and agreed that the calculations,drawings,and specifications prepared pursuant to this Agreement("Work Product'),
whether in hard copy or machine-reader form,are instruments of professional service intended for one-time use by Client only for this project only. Work Product is and
shall remain the property of AKS. Client shall not obtain the right to use the Work Product,even for one-time use unless all amounts due under this Agreement are paid in
full. If Client is in possession of any Work Product and has not paid any amount due hereunder,AKS may demand return of the Work Product,and may specifically
enforce Client's obligation to return such Work Product.
18. INSURANCE:AKS is covered by a general liability insurance policy and a professional liability policy,which policies shall each provide for at least$1,000,000 coverage
per occurrence. If Client requires additional coverage in excess of that amount,and if procurable,AKS will obtain additional insurance to the level Client requests at
Client's sole expense.
19. INDEMNITY:Client hereby agrees to defend AKS and hold AKS harmless from any claim,demand,loss or liability,including reasonable attorneys'fees,that results
from for any loss,damage or liability arising from any acts by the Client,its agents,staff,and/or other consultants or agents that act at the direction of Client.
20. WORK OF OTHERS: Client agrees that AKS shall not be responsible or liable for any work performed or services provided by any entity other than AKS and/or any
person that is not a direct employee of AKS. Client acknowledges that AKS may assist Client with the coordination of other contractors and/or design professional and/or
consultants,and/or that AKS will make arrangements for the provision of services by others;and Client further acknowledges that such coordination and/or other such
efforts does not make AKS liable for the services provided by others. Client understands and expressly acknowledges that AKS does not provide Geo-technical
engineering,Traffic engineering,structural engineering,wetland delineation,and electrical engineering,services. Client expressly acknowledges that AKS does not
assume responsibility for determining,supervising,implementing or controlling the means,methods,technique,sequencing or procedures of construction,or monitoring,
evaluating or reporting job conditions that relate to health,safety or welfare.
21. ALL TERMS MATERIAL: All provisions herein are material to AKS's agreement to provide services,and were expressly negotiated by the parties.
22. VENUE: Any litigation initiated in connection with this Agreement shall take place in Multnomah County,Oregon,unless such case involves a lien claim that must be
litigated elsewhere as a matter of law,in which case all issues related to this Agreement may be litigated in the same forum as the lien claim. All claims of any nature that
relate to this Agreement shall be subject to Oregon law,unless such claims relate to the foreclosure of a lien and are,as a matter of law,subject to the laws of another state,
in which case only the lien claim will be subject to the laws of another state,and all other claims/issues will remain subject to Oregon law.
23. NOTICE OF CLAIMS: Client shall,and expressly agrees to,provide AKS immediate written notice of an}facts that could potentially result in any potential claim
against AKS,including but not limited to any dispute,any claimed damages,any perceived failure by AKS,or otherwise. As a condition precedent to any recovery from
AKS,Client shall give AKS written notice of any such claim or facts that could result in a claim not later than ten(10)days after the date of the occurrence of the event
causing the potential claim. Client's failure to provide such notice,for any reason,shall constitute waiver of such claim.
EXHis►T A
i
Rr
'l M1r
••A.,• • H 1 �ti
i
•
'� h
EXHIBIT B
American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys
Effective 2/23/2011
MINIMUM STANDARD DETAIL REQUIREMENTS FOR
ALTA/ACSM LAND TITLE SURVEYS
(Effective February 23, 2011)
1. Purpose -Members of the American Land Title Association (ALTA) have specific needs, unique
to title insurance matters, when asked to insure title to land without exception as to the many matters
which might be discoverable from survey and inspection, and which are not evidenced by the public
records.
For a survey of real property, and the plat, map or record of such survey,to be acceptable to a title
insurance company for the purpose of insuring title to said real property free and clear of survey matters
(except those matters disclosed by the survey and indicated on the plat or map), certain specific and
pertinent information must be presented for the distinct and clear understanding between the insured, the
client(if different from the insured),the title insurance company (insurer), the lender, and the surveyor
professionally responsible for the survey.
In order to meet such needs, clients, insurers, insureds, and lenders are entitled to rely on surveyors to
conduct surveys and prepare associated plats or maps that are of a professional quality and appropriately
uniform, complete and accurate. To that end, and in the interests of the general public,the surveying
profession, title insurers and abstracters, the ALTA and the National Society of Professional Surveyors,
Inc. (NSPS)jointly promulgate the within details and criteria setting forth a minimum standard of
performance for ALTA/ACSM Land Title Surveys. A complete 2011 ALTA/ACSM Land Title Survey
includes the on-site fieldwork required under Section 5 herein, the preparation of a plat or map showing
the results of the fieldwork and its relationship to record documents as required under Section 6 herein,
any information in Table A herein that may have been negotiated with the client, and the certification
outlined in Section 7 herein.
2. Request for Survey-The client shall request the survey or arrange for the survey to be
requested, and shall provide a written authorization to proceed from the person or entity responsible for
paying for the survey. Unless specifically authorized in writing by the insurer, the insurer shall not be
responsible for any costs associated with the preparation of the survey. The request shall specify that an
"ALTA/ACSM LAND TITLE SURVEY" is required and which of the optional items listed in Table A herein,
if any, are to be incorporated. Certain properties, including, but not limited to, marinas, campgrounds,
trailer parks and leased areas, may present issues outside those normally encountered on an
ALTA/ACSM Land Title Survey. The scope of work related to such properties should be discussed with the
client, lender and insurer, and agreed upon in writing prior to requesting the survey. The client may need
to secure permission for the surveyor to enter upon the property to be surveyed, adjoining properties, or
offsite easements.
3. Surveying Standards and Standards of Care
A. Effective Date-The 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title
Surveys are effective February 23, 2011. As of that date, all previous versions of the Minimum
Standard Detail Requirements for ALTA/ACSM Land Title Surveys are superseded by these
standards.
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Copyright 2011. All rights reserved.
American Land Title Association and
American Congress on Surveying and Mapping.
American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys
Effective 2/23/2011
B. Other Requirements and Standards of Practice- Some Federal agencies, many states and
some local jurisdictions have adopted statutes, administrative rules and/or ordinances that set out
standards regulating the practice of surveying within their jurisdictions. In addition to the standards
set forth herein, surveyors shall also conduct their surveys in accordance with all applicable
jurisdictional requirements and standards of practice.Where conflicts between the standards set
forth herein and any such jurisdictional requirements and standards of practice occur,the more
stringent shall apply.
C. The Normal Standard of Care-Surveyors should recognize that there may be unwritten local,
state, and/or regional standards of care defined by the practice of the `prudent surveyor' in those
locales.
D. Boundary Resolution -The boundary lines and corners of any property being surveyed as part of
an ALTA/ACSM Land Title Survey shall be established and/or retraced in accordance with
appropriate boundary law principles governed by the set of facts and evidence found in the course
of performing the research and survey.
E. Measurement Standards-The following measurement standards address Relative Positional
Precision for the monuments or witnesses marking the corners of the surveyed property.
i. "Relative Positional Precision" means the length of the semi-major axis, expressed in feet or
meters, of the error ellipse representing the uncertainty due to random errors in
measurements in the location of the monument, or witness, marking any corner of the
surveyed property relative to the monument, or witness, marking any other corner of the
surveyed property at the 95 percent confidence level (two standard deviations). Relative
Positional Precision is estimated by the results of a correctly weighted least squares
adjustment of the survey.
ii. Any boundary lines and corners established or retraced may have uncertainties in location
resulting from (1)the availability, condition, history and integrity of reference or controlling
monuments, (2) ambiguities in the record descriptions or plats of the surveyed property or its
adjoiners, (3) occupation or possession lines as they may differ from the written title lines, and
(4) Relative Positional Precision. Of these four sources of uncertainty, only Relative Positional
Precision is controllable, although due to the inherent errors in any measurement, it cannot be
eliminated. The magnitude of the first three uncertainties can be projected based on evidence;
Relative Positional Precision is estimated using statistical means (see Section 3.E.i. above
and Section 3.E.v. below).
iii. The first three of these sources of uncertainty must be weighed as part of the evidence in the
determination of where, in the surveyor's opinion,the boundary lines and corners of the
surveyed property should be located (see Section 3.D. above). Relative Positional Precision
is a measure of how precisely the surveyor is able to monument and report those positions; it
is not a substitute for the application of proper boundary law principles. A boundary corner or
line may have a small Relative Positional Precision because the survey measurements were
precise, yet still be in the wrong position (i.e. inaccurate) if it was established or retraced using
faulty or improper application of boundary law principles.
iv. For any measurement technology or procedure used on an ALTA/ACSM Land Title Survey,
the surveyor shall (1) use appropriately trained personnel, (2) compensate for systematic
errors, including those associated with instrument calibration, and (3) use appropriate error
propagation and measurement design theory (selecting the proper instruments, geometric
layouts, and field and computational procedures)to control random errors such that the
maximum allowable Relative Positional Precision outlined in Section 3.E.v. below is not
exceeded.
77
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Copyright 2011. All rights reserved.
American Land Title Association and
American Congress on Surveying and Mapping.
American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys
Effective 2/23/2011
v. The maximum allowable Relative Positional Precision for an ALTA/ACSM Land Title Survey is
2 cm (0.07 feet) plus 50 parts per million (based on the direct distance between the two
corners being tested). It is recognized that in certain circumstances, the size or configuration
of the surveyed property, or the relief, vegetation or improvements on the surveyed property
will result in survey measurements for which the maximum allowable Relative Positional
Precision may be exceeded. If the maximum allowable Relative Positional Precision is
exceeded, the surveyor shall note the reason as explained in Section 6.B.ix below.
4. Records Research- It is recognized that for the performance of an ALTA/ACSM Land Title
Survey, the surveyor will be provided with appropriate data which can be relied upon in the preparation of
the survey. The request for an ALTA/ACSM Land Title Survey shall set forth the current record description
of the property to be surveyed or, in the case of an original survey, the current record description of the
parent parcel that contains the property to be surveyed. Complete copies of the most recent title
commitment, the current record description of the property to be surveyed (or, in the case of an original
survey, the parent parcel), the current record descriptions of adjoiners, any record easements benefiting
the property, the record easements or servitudes and covenants burdening the property (all hereinafter
referred to collectively as"Record Documents"), documents of record referred to in the Record
Documents, documents necessary to ascertain, if possible, the junior/senior relationship pursuant to
Section 6.B.vii. below, and any other documents containing desired appropriate information affecting the
property being surveyed, and to which the ALTA/ACSM Land Title Survey shall make reference, shall be
provided to the surveyor for use in conducting the survey. Reference is made to Section 3.13. above.
5. Field Work-The Survey shall be performed on the ground (except as otherwise negotiated
pursuant to Table A, Item 15 below, if selected by the client), and the field work shall include the following:
A. Monuments
i. The location and description of any monuments or lines that control the boundaries of the
surveyed property.
ii. The location, size and type of any monuments found (or set, if Table A, Item 1 is requested by
the client, or if otherwise required—see Section 3.13. above) on the boundary of the surveyed
property.
B. Rights of Way and Access
i. The distance from the appropriate corner or corners of the surveyed property to the nearest
right of way line, if the surveyed property does not abut a right of way.
ii. The name of any street, highway or other public or private way abutting the surveyed property,
and the width and location of the travelled way relative to the nearest boundary line of the
surveyed property.
iii. Visible evidence of physical access (such as, but not limited to, curb cuts and driveways)to
any abutting streets, highways or other public ways.
iv. The location and character of vehicular, pedestrian or other forms of access by other than the
apparent occupants of the surveyed property to or across the surveyed property, including,
but not limited to driveways, alleys, private roads, sidewalks and footpaths observed in the
process of conducting the survey.
v. Without expressing a legal opinion as to ownership or nature, the location and extent of any
potentially encroaching driveways, alleys, and other ways of access from adjoining properties
onto the surveyed property observed in the process of conducting the survey.
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American Land Title Association and
American Congress on Surveying and Mapping.
American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping ForALTA/ACSM Land Title Surveys
Effective 2/23/2011
vi. Where documentation of the width or location of any abutting street, road or highway right of
way was not disclosed in Record Documents provided to the surveyor or was not otherwise
available from the controlling jurisdiction (see Section 6.C.iv. below), the evidence and
location of parcel corners recovered which might indicate the width or location of such right of
way lines.
vii. Evidence of access to and from waters adjoining the surveyed property, such as paths, boat
slips, launches, piers and docks observed in the process of conducting the survey.
C. Lines of Possession,and Improvements along the Boundaries
L The character and location of evidence of possession or occupation along the perimeter of the
surveyed property, both by the occupants of the surveyed property and by adjoiners, observed
in the process of conducting the survey.
ii. The character and location of all walls, buildings,fences, and other improvements within five
feet of each side of the boundary lines, observed in the process of conducting the survey.
iii. Without expressing a legal opinion as to the ownership or nature of the potential
encroachment, the evidence, location and extent of potentially encroaching structural
appurtenances and projections observed in the process of conducting the survey, such as fire
escapes, bay windows,windows and doors that open out, flue pipes, stoops, eaves, cornices,
areaways, steps,trim, etc., by or onto adjoining property, or onto rights of way, easements or
setback lines disclosed in Record Documents provided to the surveyor.
D. Buildings
Based on the normal standard of care, the location of all buildings on the surveyed property
shown perpendicular to the nearest perimeter boundary line(s)and expressed to the appropriate
degree of precision.
E. Easements and Servitudes
i. Evidence of any easements or servitudes burdening the surveyed property, disclosed in the
Record Documents provided to the surveyor and observed in the process of conducting the
survey.
ii. Evidence of easements or servitudes not disclosed in the Record Documents provided to the
surveyor, but observed in the process of conducting the survey, such as those created by
roads; rights of way;water courses; ditches; drains, telephone, fiber optic lines, or electric
lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining
properties if they appear to affect the surveyed property.
iii. Surface indications of underground easements or servitudes on or across the surveyed
property observed in the process of conducting the survey.
iv. Evidence of use of the surveyed property by other than the apparent occupants observed in
the process of conducting the survey.
F. Cemeteries
As accurately as the evidence permits, the location of cemeteries, gravesites, and burial grounds
(i) disclosed in the Record Documents provided to the surveyor, or(ii)observed in the process of
conducting the survey.
G. Water Features
L The location of springs,together with the location of ponds, lakes, streams, and rivers
bordering on or running through the surveyed property, observed during the process of
conducting the survey. See Table A, Item 19 for wetlands locations.
1 a'
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Copyright 2011. All rights reserved.
American Land Title Association and
American Congress on Surveying and Mapping.
American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys
Effective 2/23/2011
ii. The location of any water boundary on the surveyed property. The attribute(s) of the water
feature located (e.g. top of bank, edge of water, high water mark, etc.) should be congruent
with the boundary as described in the record description or, in the case of an original survey,
in the new description. (See Section 6.B.vi. below).
6. Plat or Map-A plat or map of an ALTA/ACSM Land Title Survey shall show the following
information. Where dimensioning is appropriate, dimensions shall be in accordance with the appropriate
standard of care.
A. The evidence and locations gathered during the field work as outlined in Section 5 above.
B. Boundary, Descriptions, Dimensions and Closures
i. The current record description of the surveyed property, and any new description of the
surveyed property that was prepared in conjunction with the survey, including a statement
explaining why the new description was prepared. Preparation of a new description should be
avoided unless deemed necessary or appropriate by the surveyor and insurer. Preparation of
a new description should also generally be avoided when the record description is a lot or
block in a platted, recorded subdivision.
ii. The location and description of any monuments, lines or other evidence that control the
boundaries of the surveyed property or that were otherwise relied upon in establishing or
retracing the boundaries of the surveyed property, and the relationship of that evidence to the
surveyed boundary. In some cases, this will require notes on the plat or map.
iii. All distances and directions identified in the record description of the surveyed property (and
in the new description, if one was prepared). Where a measured or calculated dimension
differs from the record by an amount deemed significant by the surveyor, such dimension shall
be shown in addition to, and differentiated from, the corresponding record dimension.
iv. The directional, distance and curve data necessary to compute a mathematical closure of the
surveyed boundary. A note if the record description does not mathematically close. The basis
of bearings and, when it differs from the record basis, the difference.
v. The remainder of any recorded lot or existing parcel, when the surveyed property is composed
of only a portion of such lot or parcel, shall be graphically depicted. Such remainder does not
need to be included as part of the actual survey, except to the extent necessary to locate the
lines and corners of the surveyed property, and it need not be fully dimensioned or drawn at
the same scale as the surveyed property.
vi. When the surveyed property includes a water boundary, a note on the face of the plat or map
noting the date the boundary was measured, which attribute(s) of the water feature was/were
located, and the caveat that the boundary is subject to change due to natural causes and that
it may or may not represent the actual location of the limit of title. When the surveyor is aware
of natural or artificial realignments or changes in such boundaries, the extent of those
changes and facts shall be shown or explained.
vii. The relationship of the boundaries of the surveyed property (i.e. contiguity, gaps, or overlaps)
with its adjoiners, where ascertainable from Record Documents and/or from field evidence
gathered during the process of conducting the survey of the property being surveyed. If the
surveyed property is composed of multiple parcels, the extent of any gaps or overlaps
between those parcels shall be identified. Where gaps or overlaps are identified, the surveyor
shall, prior to preparation of the final plat or map, disclose this to the insurer and client for
determination of a course of action concerning junior/senior rights.
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American Land Title Association and
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American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys
Effective 2/23/2011
viii.When, in the opinion of the surveyor, the results of the survey differ significantly from the
record, or if a fundamental decision related to the boundary resolution is not clearly reflected
on the plat or map, the surveyor shall explain this information with notes on the face of the plat
or map.
ix. A note on the face of the plat or map explaining the site conditions that resulted in a Relative
Positional Precision that exceeds the maximum allowed under Section 3.E.v, of these
standards.
x. A note on the face of the plat or map identifying the title commitment/policy number, effective
date and name of the insurer for any title work provided to the surveyor.
C. Easements, Servitudes, Rights of Way,Access and Record Documents
i. The width and recording information of all plottable rights of way, easements and servitudes
burdening and benefitting the property surveyed, as evidenced by Record Documents which
have been provided to the surveyor.
ii. A note regarding any right of way, easement or servitude evidenced by a Record Document
which has been provided to the surveyor(a)the location of which cannot be determined from
the record document, or(b) of which there was no observed evidence at the time of the
survey, or(c)that is a blanket easement, or(d)that is not on, or does not touch, the surveyed
property, or(e)that limits access to an otherwise abutting right of way, or(f) in cases where
the surveyed property is composed of multiple parcels, which of such parcels the various
rights of way, easements, and servitudes cross.
iii. A note if no physical access to a public way was observed in the process of conducting the
survey.
iv. The width of abutting rights of way and the source of such information (a)where available
from the controlling jurisdiction or(b)where disclosed in Record Documents provided to the
surveyor.
v. The identifying titles of all recorded plats, filed maps, right of way maps, or similar documents
which the survey represents, wholly or in part, with their recording or filing data.
vi. For non-platted adjoining land, names and recording data identifying adjoining owners
according to current public records. For platted adjoining land, the recording data of the
subdivision plat.
vii. Platted setback or building restriction lines which appear on recorded subdivision plats or
which were disclosed in Record Documents provided to the surveyor.
D. Presentation
L The plat or map shall be drawn on a sheet of not less than 8'/�by 11 inches in size at a
legible, standard engineering scale,with that scale clearly indicated in words or numbers and
with a graphic scale. When recordation or filing of a plat or map is required by law, such plat
or map shall be produced in recordable form. The boundary of the surveyed property drawn in
a manner that distinguishes it from other lines on the plat or map. A north arrow (with north to
the top of the drawing when practicable), a legend of symbols and abbreviations, and a
vicinity map showing the property in reference to nearby highway(s) or major street
intersection(s).
ii. Supplementary or detail diagrams when necessary.
iii. If there are no visible buildings on the surveyed property, a note stating "No buildings existing
on the surveyed property"shall appear on the face on the survey.
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—I 'M P —
Copyright 2011. All rights reserved.
American Land Title Association and
American Congress on Surveying and Mapping.
American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys
Effective 2/23/2011
iv. The surveyor's project number(if any), and the name, registration or license number,
signature, seal, street address,telephone number, and email address of the surveyor who
performed the survey. The date(s) of any revisions made by said surveyor.
v. Sheet numbers where the plat or map is composed of more than one sheet.
vi. The caption "ALTA/ACSM Land Title Survey."
7. Certification -The plat or map of an ALTA/ACSM Land Title Survey shall bear only the following
certification, unaltered, except as may be required pursuant to Section 3.B. above:
To(name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of
others as negotiated with the client):
This is to certify that this map or plat and the survey on which it is based were made in
accordance with the 2011 Minimum Standard Detail Requirements forALTA/ACSM Land Title
Surveys,jointly established and adopted by ALTA and NSPS, and includes Items of Table
A thereof. The field work was completed on
Date of Plat or Map: (Surveyor's signature, printed name and seal with
Registration/License Number)
8. Deliverables-The surveyor shall furnish copies of the plat or map of survey to the insurer and
client, and as otherwise negotiated with the client. Hard copies shall be on durable and dimensionally
stable material of a quality standard acceptable to the insurer. Digital copies of the plat or map may be
provided in addition to, or in lieu of, hard copies in accordance with the terms of the contract. When
required by law or requested by the client, the plat or map shall be produced in recordable form and
recorded or filed in the appropriate office or with the appropriate agency.
Page 7 of 10
Copyright 2011. All rights reserved.
American Land Title Association and
American Congress on Surveying and Mapping.
American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys
Effective 2/23/2011
TABLE A
OPTIONAL SUR VEYRESP ONS/BILITIES AND SPECIFICATIONS
NOTE: The items of Table A must be negotiated between the surveyor and client. It may be necessary
for the surveyor to qualify or expand upon the description of these items(e.g., in reference to Item 6(b),
there may be a need for an interpretation of a restriction). The surveyor cannot make a certification on the
basis of an interpretation or opinion of another party. Notwithstanding Table A Items 5 and 11(b), if an
engineering design survey is desired as part of an ALTA/ACSM Land Title Survey, such services should
be negotiated under Table A, item 22.
If checked, the following optional items are to be included in the ALTA/ACSM LAND TITLE
SURVEY, except as otherwise qualified(see note above):
1. X Monuments placed(or a reference monument or witness to the corner)at a//major
corners of the boundary of the property, unless already marked or referenced by existing
monuments or witnesses.
2. Address(es)if disclosed in Record Documents, or observed while conducting the survey.
3. X Flood zone classification (with proper annotation based on federal Flood Insurance Rate
Maps or the state or local equivalent) depicted by scaled map location and graphic
plotting only.
4. Gross land area (and other areas if specified by the client).
5. X Vertical relief with the source of information(e.g. ground survey or aerial map), contour
interval, datum, and originating benchmark identified.
E (a) Current zoning classification, as provided by the insurer.
(b) Current zoning classification and building setback requirements, height and floor
space area restrictions as set forth in that classification, as provided by the insurer. If
none, so state.
7. (a)Exterior dimensions of all buildings at ground level.
(b) Square footage of.-
(1) exterior footprint of all buildings at ground level.
(2) other areas as specified by the client.
(c) Measured height of all buildings above grade at a location specified by the client. If no
location is specified, the point of measurement shall be identified.
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Copyright
P —
Copyright 2011. All rights reserved.
American Land Title Association and
American Congress on Surveying and Mapping.
American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys
Effective 2/23/2011
8. Substantial features observed in the process of conducting the survey(in addition to the
improvements and features required under Section 5 above)such as parking lots,
billboards, signs, swimming pools, landscaped areas, etc.
9. Striping, number and type(e.g. handicapped, motorcycle, regular, etc.)of parking spaces
in parking areas, lots and structures.
10. (a)Determination of the relationship and location of certain division or party walls
designated by the client with respect to adjoining properties(client to obtain necessary
permissions).
(b)Determination of whether certain walls designated by the client are plumb (client to
obtain necessary permissions).
11. Location of utilities(representative examples of which are listed below)existing on or
serving the surveyed property as determined by:
X (a) Observed evidence.
(b) Observed evidence together with evidence from plans obtained from utility companies
or provided by client, and markings by utility companies and other appropriate sources
(with reference as to the source of information).
• Railroad tracks, spurs and sidings;
• Manholes, catch basins, valve vaults and other surface indications of
subterranean uses;
• Wires and cables(including their function, if readily identifiable) crossing the
surveyed property, and all poles on or within ten feet of the surveyed property.
Without expressing a legal opinion as to the ownership or nature of the potential
encroachment, the dimensions of all encroaching utility pole crossmembers or
overhangs;and
• utility company installations on the surveyed property.
Note-With regard to Table A, item 11(b), source information from plans and markings will
be combined with observed evidence of utilities to develop a view of those underground
utilities. However, lacking excavation, the exact location of underground features cannot
be accurately, completely and reliably depicted. Where additional or more detailed
information is required, the client is advised that excavation may be necessary.
12. Governmental Agency survey-related requirements as specified by the client, such as for
HUD surveys, and surveys for leases on Bureau of Land Management managed lands.
13. Names of adjoining owners of platted lands according to current public records.
14. Distance to the nearest intersecting street as specified by the client.
15. Rectified orthophotography,photogrammetric mapping, airborne/mobile laser scanning
and other similar products, tools or technologies as the basis for the
showing the location of certain features(excluding boundaries)
where ground measurements are not
Page 9 of 10
Copyright 2011. All rights reserved.
American Land Title Association and
American Congress on Surveying and Mapping.
American Land Title Association Minimum Standard Detail Requirements
American Congress on Surveying and Mapping For ALTA/ACSM Land Title Surveys
Effective 2/23/2011
otherwise necessary to locate those features to an appropriate and acceptable accuracy
relative to a nearby boundary. The surveyor shall(a)discuss the ramifications of such
methodologies(e.g. the potential precision and completeness of the data gathered
thereby) with the insurer, lender and client prior to the performance of the survey and, (b)
place a note on the face of the survey explaining the source, date, precision and other
relevant qualifications of any such data.
16. Observed evidence of current earth moving work, building construction or building
additions.
17. Proposed changes in street right of way lines, if information is available from the
controlling jurisdiction. Observed evidence of recent street or sidewalk construction or
repairs.
18. Observed evidence of site use as a solid waste dump, sump or sanitary landfill.
19. Location of wetland areas as delineated by appropriate authorities.
20. (a) Locate improvements within any offsite easements or servitudes benefitting the
surveyed property that are disclosed in the Record Documents provided to the surveyor
and that are observed in the process of conducting the survey(client to obtain necessary
permissions).
(b) Monuments placed(or a reference monument or witness to the corner)at all major
corners of any offsite easements or servitudes benefitting the surveyed property and
disclosed in Record Documents provided to the surveyor(client to obtain necessary
permissions).
21. Professional Liability Insurance policy obtained by the surveyor in the minimum amount
of$ to be in effect throughout the contract term. Certificate of Insurance to
be furnished upon request.
22.
Adopted by the Board of Governors, American Land Title Association, on October 13, 2010.
American Land Title Association, 1828 L St., N.W., Suite 705, Washington, D.C. 20036.
Adopted by the Board of Directors, National Society of Professional Surveyors, on November 15, 2010.
National Society of Professional Surveyors, Inc., a member organization of the American Congress on
Surveying and Mapping, 6 Montgomery Village Avenue, Suite 403, Gaithersburg, MD 20879
Icn rtF
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Copyright 2011. All rights reserved.
American Land Title Association and
American Congress on Surveying and Mapping.