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HomeMy WebLinkAboutP50238: Phase Three GIS/IMS Integration of Street Info Project Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: March 5, 2007 Regular Session Public Works \f:Ir Brandt Melick V' 726-4645 Consent Calendar AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL ITEM TITLE: P50238: PHASE THREE GEOGRAPHIC INFORMATION SYSTEMS (GIS) I INFRASTRUCTURE MANAGEMENT SYSTEM (IMS) INTEGRATION OF STREET INFORMATION PROJECT. ACTION REQUESTED: Authorize I Not Authorize the City Manager to enter into a contract for P50238: Phase Three GIS I IMS Integration of Street Information Project with Vendor far $70,000. ISSUE STATEMENT: Authorize the City Manager to sign sole source contracts with SPA TIALinfo, vendor and developer of the City's integration software. A FY 2007 budgeted work item in the Engineering Division work plan, Phase Three will enable the consolidation and integration of all street information, provide more reliable and consistent decision support information for development review, enable compliance with state and federal legislation requiring current and complete inventories of public assets, and result in significant cost saving in the development and maintenance of street inventories. ATTACHMENTS: Attachment A: Sole Source Memo Attachment B: P50238: Phase Three Contract (packet) DISCUSSIONI FINANCIAL IMPACT: In 2002, the Technical Service Division successfully completed P50238: Phase One GIS/IMS Integration Project of Piped Sewers, and in 2005 completed P50238: Phase Two GIS/IMS Integration of Surface Waterways, bOth creating tools to maintain consolidated infrastructure maps, infrastructure work history, and asset management information. These projects consolidate mapping efforts by reducing conflicting information across the Public Warks Department and enable the creation of a single source to enhance decisions support for public facilities across the department. These projects result in consolidated facilities information available to staff within the City and private firms outside of the City. Uses include: engineers using design software, planners and analysts using GIS software, and people across the City using intranet applications like "MapSpring." Phase Three GIS/IMS Integration of Street Information Project extends the system created in Phase One and Phase Two to accommodate street facilities. MEMORANDUM City of Springfield To: Ken Vogeney, City Engineer\f From: Brandt Melick, GIS Program Superviso~ Date: February 26th, 2007 Subject: P50238: (Phase Three) Sole Source Determination for SPATIALinfo Inc. I recommend that we seek authority from the City Managers Office, acting in capacity under Municipal Code 2.703(2) and 2.703(3), to select the SPATIALinfo lr!c., without competitive bidding, to develop the 3rd Phase of the City's GIS/IMS integration work: P50238: Phase Three GIS / IMS Integration of Street Information Project as described in the attached proposal. I believe this qualifies under the sole source exception to competitive bidding requirements because this company, as author of the SP A TIALinfo Software we use to maintain our infrastructure inventories, has exclusive access to critical data elements and programming code within this SPA TIALnet program that are protected under intellectual property rights. Access to these proprietary features of their application is required to develop the street integration components specified in the proposal; thus the City has no other viable choice to consider in the selection process. SPA TIALinfo has indicated they would be unwilling to release proprietary elements of their source code, which such vendors routinely decline to release. SPA TIALinfo Inc. has demonstrated adequate knowledge of other City systems and software, advanced knowledge of the City's spatial datasets and has a strong track re~ord of providing this type of contractual services support. I have worked closely with this Vendor to contain scope of work and cost described in the attached proposal. 1. Approvedby , Date: (Gino Grimaldi, City Manager) 2. , Date: :J.../.;t, <. /0 7 ... , 3. Recommend approval ,Date: /~/~ win, Assistant Public Works Director) ~~.~~ ~ LEA\~ .--'-1E-~i.r;.]'o=,-"... . () F f=9?:~~~9rs i~.lflieq;~MpMQ...:SoleS()urce.doc ATTACHMENT A - 1 Page I of I Mar-07 CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT (Type 4: For Personal Services Contracts Not Requiring Professional Liability Insurance) Dated: March 16, 2007 Parties: City of Springfield 225 Fifth Street Springfield, Oregon 97477 and ("CITY") SPATIALinfo Inc. ("Independent Contractor") Additional Independent Contractor Information: A. Type of Entity: B. Address: o Sole Proprietorship o Partners 0 Limited Uability Company 9635 Maroon Circle Suite 420 Englewood, Colorado 80112 1-720-873-6880 1-720-873-6885 84,.1493738 o Corporation C. Telephone: D. Fax No: E. SSN or Fed. 1.0. No: F. Professional License(s) No: G. Oregon Agency Issuing license: H. Foreign Contractor DYes !;gj No (Foreign means not domiciled in or registered to do business in Oregon) See EXHIBIT 8(11). City Account Number(s) To Be Charged (Include Percentages): Account Number 100-62221-645005-P50238 201-62221-645005-P50238 611-62221-645005-P50238 617 -62221-645005-P50238 719-62221-645005-P50238 100-62221-611008-P50238 201-62221-611008-P50238 611-62221-611 008-P50238 617 -62221-611 008-P50238 719:'62221-611008-P50238 Percentage 0.2% 7.4% 11.0% 8.0% 0.2% 1.6% 40.8% 20.9% .9.0% 0.9% In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions: 1. Payment by CITY. CITY shall pay I ndependent Contractor according to the sum and schedule described on ATTACHMENT "A" PAYMENT SCHEDULE attached hereto and incorporated herein by this reference. Independent Contractor Agreement for Personal Services Type 4 Page 1 of 5 Mar-07 ATTACHMENT B-1 2. Services to be Performed by Independent Contractor. Independent Contractor shall perform the services described on ATTACHMENT "B" and ATTACHMENT "C" attached hereto and incorporated herein by this reference. 3. Term. This Agreement is effective as of the date first set forth above and shall continue until JUNE 29, 2007" unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties. 4. Independent Contractor Status. By its execution of this Agreement, Independent Contractor certifies its status as an "Independent Contractor" as that term is used under the laws of the State of Oregon, and that all performance of any labor or services required to be performed by Independent Contractor under the terms of this Agreement shall be performed in accordance with the standards set forth in ORS 670.600, and as more specifically set forth on ExHIBIT "A" attached hereto and incorporated herein by this reference. 5. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited to ORS 2798.220, ORS 2798.225, ORS 2798.230 and ORS 2798.235 and as more fully set forth on ExHIBITS "A" AND "B" attached hereto and incorporated herein by this reference. 6. Work Performed. The work to be performed by Independent Contractor includes services generally performed by Independent Contractor in hislher/its usual line of business. 7. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Independent Contractor. 8. Reimbursement Of Expenses. Independent Contractor shall not be entitled to reimbursement by CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing. 9. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to perform the services required unless otherwise agreed in writing. 10. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts on behalf of CITY, it's officers, agents and employees. This Agreement shall not create a partnership or joint venture of any sort between the parties. 11. Federal Employment Status. In th~ event payment made pursuant to this Agreement is to be charged against federal funds, Independent Contractor hereby certifies that it is not currently employed by the Federal Government and the amount charged does not exceed Independent Contractor's normal charge for the type of services provided. 12. Indemnification and Hold Harmless. To the fullest extent of the law, Independent Contractor shall defend, indemnify and hold harmless CITY, its officials, employees, servants, and agents from and against all claims, demands, and judgments (including attorney fees), made or recovered against them including but not limited to damages to real or tangible personal property or for bodily injury or death to any person, arising out of, or in any manner connected with the performance of this Agreement by Independent Contractor, its officers, employees, and agents. 13. Insurance. 13.1. General Insurance. Independent Contractor shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less that $1,000,000 per occurrence and $2,000,000 in the aggregate. Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintained. The City of Sorinafie/d. its officials. emolovees. servants and Independent Contractor Agreement for Personal Services Type 4 . Page 2 of 5 Mar-07 ATTACHMENT B-2 aoents will be named as an additional insured as respects to work or services performed under this agreement This will apply to both work in progress and completed operations. This . insurance shall be primary and shall be paid and applied first in its entirety prior to any application of insurance the City may carry on its own. 13.2. Workers' Compensation. Independent Contractor shall provide and maintain workers' compensation coverage for its employees, officers, agents, or partners, as required by applicable workers' compensation laws. 13.3. Evidence of Coverage. Evidence of the above coverages issued by a company satisfactory to City shall be provided to City by way of a certificate of insurance before any work or services commence. A 30 day notice of cancellation or material change in coverage clause shall be included. Failure to maintain the proper insurance shall be grounds for immediate termination of this contract 13.4. Equipment and Material. Independent Contractor shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work. 13.5. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City's Risk Manager. 14. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or in part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination is effective. Upon delivery to the Independent Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the independent Contractor's work and payment therefore by CITY. 15. Rights In Data. All original written material, including programs, card decks, tapes, listings, and other documentation originated and prepared for CITY pursuant to this Agreement, shall become exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during the course of this Agreement by Independent Contractor personnel can by used by either party in any way it may deem appropriate. Material already in Independent Contractor's possession, independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong Independent Contractor. This agreement shall not preclude Independent Contractor from developing materials which are competitive, irrespective of their similarity to materials which might be delivered to CITY pursuant to this Agreement Independent Contractor shall not, however, use any written materials developed under this Agreement in developing materials for others; except as provided in this section. 16. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent, employees, or contractors, may receive confidential information. Independent Contractor agrees to use its best efforts to maintain the confidentiality of such information and to inform each agent and employee performing services of the confidentiality obligation that pertains to such information. 17. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Independent Contractor of any. obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Independent Contractor. Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred. 18. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns. 19. Compliance With All Government Regulations. Independent Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of Independent Contractor Agreement for Personal Services Type 4 Page 3 of 5 Mar-O? ATTACHMENT B-3 contract and shall be grounds for termination of this Agreement Damages or costs resulting from. noncompliance shall be the sole responsibility of Independent Contractor. 20. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 21. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement 22. Assistance Regarding Patent And Copyright Infringement In the event of any claim or suit against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney's fees in connection with such claim or suit 23. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 24. Access To Records. CITY and its duly authorized representatives shall have access to books, documents, papers and records of Independent Contractor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 25. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement 26. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of CITY, No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court 27. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 28. Dual Payment Independent'Contractor shall not be compensated for work performed under this contract from any CITY agency other than the agency which is a party to this contract. Independent Contractor Agreement for Personal Services Type 4 Page 4 of 5 Mar-07 ATTACHMENT B - 4 IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first set forth above. CITY OF SPRINGFIELD: By: Name: Gino Grimaldi Title: City Manager Date: Reviewed by City Contract Officer ~ to - wA Zjz,/07 ~~'~~ -.J.~~\~... ~.. '_ .:?-~_;;.-;.J._L~I ~:. ~.-..:i-r.Y :.~.-f-rt~JF{!\t E\' INDEPENDENT CONTRACTOR By: Name: Greg Foster Title: President Date: Independent Contractor Agreementfor Personal Services Type 4 Page 5 of 5 ATTACHMENT B - 5 Mar-O? ATTACHMENT" A" PAYMENT SCHEDULE CITY OF SPRINGFIELD P50238: (PHASE THREE) Upon acceptance by the City, the City shall pay the vendor according to the following payment schedule: $15,000 $8,643 $7,857 $11,786 $7,857 $15,714 $3,143 $70,000 March 16, 2007 A ril 20, 2007 Ma 4, 2007 May 25, 2007 June 15, 2007 June 29, 2007 June 29, 2007 Payment for each Project Phase listed above is dependent upon City Acceptance. Overall project costs shall not exceed amounts identified above without written consent from the City. 07 _ims-gis _streets_an _a yayment_schedule.doc Page 1 of! Mar-07 ATTACHMENT B - 6 ATTACHMENT "8" FUNCTIONAL REQUIREMENTS j CITY OF SPRINGFIELD P50238: (PHASE THREE) Vendor shall extend the City's integrated GIS/ IMS to support the following Street System functional requirements: ~ ,- . ~ 1 N6tes';;:~ijJ;;itM~~,:;j~~1:;~M;j;;;i.pi::1:~V08;ln~}{02;ii}!.i;{;~}P}1~~; 1 Maintaining Feature Records (within existing IMS model) X 2 Maintaining Feature Geometry X 3 Maintaining Feature Annotation X 4 Maintaining Feature Display Properties (styles and symbology) X 5 Maintaining Feature History /GIS edits) X 6 Maintaining Abandoned Features X 7 Maintaining Proposed Features /planned and designed) X . B Maintaining History of Retired Features X 9 Maintaining Feature Behavior X Maintaining Feature Relationships /link-node topologies, address range events and X 10 I pavement manaoement events.i 11 Component Locking and Long Transactions X 12 Enforcing QA/QC (enforcing SPATIALinfo, IMS and Regional Street Network) X 2 mYes'jl"iNo;1 NOteS,S;;:'; :grr~t.W)?ti;:;t~;if!~K;,mf(i)Fti~;Nj;it&ml(it\lg{~%tfMi} 1 Support building and maintaining topological data structure X I 2 Support Street core functionality for the following classes a. Street Center Lines X I b. Street Curb Lines X I c. Street Intersection Points X I 3 Hansen IMS a. COMP-STR /Street Module) X I b. Pavement Events /Pavement Management Module) X I 4 Regional Street Network a. Center Line Feature Class X I b. Node Feature Class X I 5 Transportation classes a. Striping X b. On and off street bike paths X c. Pedestrian PathslSidewalks X d_ Controlled intersections X e. Related tabular data (signs, pedestals, detectors, etc.) X 3 "jest! ii,No}; ,,~~g:;~~~,W!~~~1:1t:g;~1(ilit$t%~;t~t~:i.i6~itl;~:tt~iBmi!-S8f~;1~~~i;Ht!: 1 Support Detailed Cartographic Mapping in AutoCAD X 2 Support Detailed Cartographic Mapping in ArcGIS X may be configured later by City 3 Support Regional Street Network X 4 Support Detailed and System-wide Street Modeling with ArcGIS Network Analyst X 6 Support Summary Mapping with MapGuide X T Support Summary Reporting with Cold Fusion/Crystal Reports X configured later by City 8 Support Year-end Reporting with Cold Fusion/Crystal Reports X CDI1figursd later by City 4 bitE rntiDiiiafEXiStii!aiGrs::aild iIMS'IiWBittOrieiHtti/ijii(iittl!:!f;:f&(i':i.;)X;ti::1Wi,i)j\0 w' :r,-~~i;R4t~k:%t{j~~]f.:!j;f~mti~~I;UJtf: :i;yes:] [.;fIj):! ti'::;iiiijj;'1:\1!i;~e'~il:jfiAwilat>HiE';*il1,~"itn 1 Link Existing GIS Features to Corresponding IMS Records X . performed by City 2 Perfonn QAlQC and Provide a Log of Data Inconsistencies X performed by City 3 Reconcile Differences Between Existing Inventories X performed by City 5 "Sim.enance\AQreeni"ent{s);~.:;;;-:t~~:f~~mt;_t1d;;~i;;i;:!;prhtWffYi~i1Uf::~;:~f4H'Y-1.~iii:fuHN~~,:X;;F~Mifk~~:Wt\~J+kWiflmtB:h~t1~iM*t;ti:.:; ~;~~~1!~{Ii ;,i:>;,: (<res,; ;No.! )&iK%Z;~\~!i 'p,i'iC..'Oet3i1.ijf!AwilabIei;!iff5i;W;;,'iful 1 Maintenance for Transactional Model X 2 As-built Processing Interface / robust GIS editing interface) X 3 Publishing to Support Users /Data Warehousing) X 4 Integration of Existing GIS and IMS Inventories X I 6 ltellil2@f:;f\iji:!itiOi1jU,'erodu!'iSI$fii'it!!ces,:lAilt;;1,:(:'x:i.,..ii:iiii;i,i;:{i;:Ii.'; W"',<: <f~L.i; 'ti :t:i~1Bt:{;;<::M;tW~: \t; :b1~4rt?!~tt;~1ti.i:0i:hd ':Yes;' HNO; :'1i'i)'!1iiVjA~:eiDet:i!il:lfi~\ninat>!tii'i;;,iiji0!ii:;j ;;-:~g (attach separate sheet if required) 07 jms-gis _streets_at! _ b Jequirements.doc Page 1 of I Mar-07 ATTACHMENT B - 7 ATTACHMENT "e" VENDOR PROPOSAL CITY OF SPRINGFIELD PS0238: (PHASE THREE) SPATIAlin SPATIALinfo Inc. 9635 M.aroon Circle Suite 460 Englewood, Colorado 80112 Telephone: +1 7208736880 Facsimile: +1 720 873 6885 www.soatialinfo.com Proposed Scope of Work #07009 Date Prepared: Prepared for: SPATIALinfo Contact: Validity: 9th February 2007 Brandt Melick, City of Springfield, OR Greg Foster 90 days Springfield GIS-IMS Integration Phase Three: Streets The City of Springfield requests that SPATIALinfo, Inc. submit a proposal for the addition of streets to the existing, SPATIALnet based, integrated Geographic Information System and Infrastructure Management System (GIS-IMS.) The City's existing integrated system contains all piped sewers and surface drainage information. This project adds the ability to . build and maintain street features, so that street centerlines and curb lines/edge of pavement, which are created as a result of the City1s as-built process, can be created, edited, read (viewed) and deleted from a single, seamless, geographical database alongside of the sewer and surface drainage features. 1. Key systems include a. City's integrated SPATIALnet (City system) administered by the City. b. Hansen Infrastructure Management system: Hansen's street module, and Hansen's pavement management module (Hansen system) administered by the City. c. The regional integrated street system. A shared ArcSDE centerline network maintained by the City of Springfield, the City of Eugene and Lane Council of Governments(LCOG) administered by LCOG. 2. Key needs include: a. Integrating constructed street centerlines with the City1s infrastructure management system, specifically the street module and the pavement management module (Hansen system). b. Maintaining constructed facilities that have been approved by City Council (from as-built plans) and constructed facilities that have not been approved by council (from pre-construction plans and/or other available information). This applies to both centerlines and curb lines/edge of pavement. Please note: ~ Non-approved features need to be re-drawn once approved as-built plans are available. ;f Non-approved components need to be available in the Hansen system and the regional system ~ Once a system component is cre~ted in the Hansen system it cannot be deleted as this action orphans related work order history The preference may be to simply replace the spatial feature out side of Page 1 of 3 Confidential. 07 _IMS-GIS_Street:sJ.1T _C_ Vendor_Proposal. doc ATTACHMENT B - 8 ATTACHMENT "C" VENDOR PROPOSAL CITY OF SPRINGFIELD P50238: (PHASE THREE) SPATIA Hansen and only update attributes in Hansen, e.g., status, owner and council acceptance date. c. Support the regional street network (ArcSDE environment) as feasible and recommended by SPATIALinfo. The region maintains address ranges for the City and the City maintains street centerline components for the region. It's important to note that the Hansen system maintains address ranges by segments defined from intersection to intersection and the region maintains address ranges by segments defined in many cases by multiple address ranges in between intersections. The City needs methods to normalize regional inputs and refresh address ranges in the Hansen system. d. Support local needs to track events along curb lines such as street lights, sidewalks, wheel chair ramps, driveway inlets, etc. and events and diagrams associated with street centerlines and intersections such as traffic striping diagrams, intersection control diagrams, on street bike lanes, traffic lanes, traffic counts, etc. Another need under consideration is the city-wide traffic striping plan (basically a city-wide drawing of all painted traffic control lines, categorized on distinct layers and used to generate basic quantities of materials such as paint, reflectors, etc.).' Unlike the events mentioned above that pertain to certain areas - this striping plan is a city wide inventory that would require simplistic attriQutes and be loaded into SPATIALinfo as a relatively isolated data set. 3. Basic Tasks to be performed by SPATIALinfo include: a. Development of requirement documents b. Data IT)odeling to accommodate data sharing between key systems identified above c. Application development to support the key functionality identified above d. Application testing, training and assistance with remote installation 4. Schedule: Requirements can commence in mid March. The work can be completed before June 30,2007. Page 2 of 3 Confidential 07 _IMS-GIS_Streets_ATT _C_ Vendor _Proposal.doc ATTACHMENT B - 9 ATTACHMENT "e" VENDOR P'ROPOSAL CITY OF SPRINGFIELD PS0238: (PHASE THREE) SPATTAlin ----- 5. Pricing: ~ ."~C_ 1. Develop Requirements 2. Analyze existing systems 2.a. Hansen Street/Pavement modules 2.b. Regional Street Network 2.c. Traffic Division datasets 7 $8,400 Total Days: Daily Rate: Total cost 2 $2,400 1 $1 ,200 1 $1,200 8 $9,600 6 $7,200 20 $24,000 10 $12,000 2 $2,400 1 $1,200 58 $1,200 $69,600 3. Develop data model 4. Implement the data model (involves configuration) 5. Implement data sharing 6. Testing 7. Analyze overall model and user interface 8. Technical recommendation for field deployment Effort is an estimate subject to the Requirements. Travel & Living expenses will be billed at cost. 07 _IMS-GIS_Streets_ATT _ C_ Vendor _Proposal.doc ATTACHMENT B-1 0 Page 3 of 3 Confidential EXHIBIT "A" CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT Independent Contractor Status Independent Contractor acknowledges and agrees that any labor or services required to be performed by Independent Contractor shall be performed consistent with the standards set forth in ORS 670.600, and . Independent Contract further represents: 1) Independent Contractor shall provide the labor or services free from direction and control by CITY overthe means and manner of providing the labor or services, and subject only to the right of CITY to specify the desired results; 2) Independent Contractor shall be responsible for obtaining all assumed business registration or professional occupation licenses required by state law or local government ordinances for Independent Contractor to conduct the business; 3) Independent Contractor shall furnish the tools and equipment necessary for performance of the labor or services required to be performed under this Agreement; 4) Independent Contractor shall have the authority to hire and its fire employees to perform the labor or services; 5) Independent Contractor shall only be entitled to payment by CITY for the labor or services upon completion of the performance of specific portions of the project or on the basis of an annual or periodic retainer, including but not limited to partial payments made periodically during the term of this Agreement; 6) Independent Contractor shall be registered with the Oregon Construction Contractors Board (CCB) if Independent Contractor provides labor or services for which such registration is required; 7) Federal and state income tax returns in the name of Independent Contractor, or a business Schedule C or Form Schedule F as part of the personal income tax return, were filed for the previous year if the Independent Contractor performed labor or services as an Independent Contractor in the previous year; and 8) Independent Contractor shall represent to the public that the labor or services are provided by an independently established business. Independent Contractor represents the following circumstances exist concerning Independent Contractor's business: a) The labor or services are primarily carried out at a location that is separate from the residence of an individual who performs the labor or services, or are pril1,1arily carried outin a specific portion of the residence, which portion is set aside as the location of the business. b) Commercial advertising or business cards as is customary in operating similar businesses are purchased for the business, or the individual or business entity has a trade association membership; c) Telephone listing and services are used for the business that is separate from the personal residence listing and services used by an individual who performs the labor or services; d) Labor or services are performed generally pursuant to written contracts; e) Labor or services are per10rmed for two or more different persons within a period of one year; or f) The individual or business entity assumes 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. 07_IMS-GIS_Streets_Exhibit A.doc Page ) of! Mar-06 ATTACHMENT B-1 1 EXHIBIT "B" City Of Springfield Independent Contractor Agreement Conformance with Oregon Public Contractors Laws Independent Contractor shall comply with all applicable provisions of Oregon Law for public contracts, including but not limited to the following provisions: 1) Make payment promptly, as due, to all persons supplying Independent Contractor labor or material for the prosecution of the work provided for in this Agreement ORS 279.312 (1) (a). 2) Pay all contributions or amounts due the Industrial Accident Fund from Independent Contractor incurred in the performance of this Agreement ORS 279.312 (1) (b). 3) Not permit any lien or claim to be filed or prosecuted against the State, County, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material fumished. ORS 279.312 (1) (c). 4) 5) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. ORS 279.312 (1) (d). If Independent Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services fumished to Independent Contractor or a subcontractor by any person in connection with this agreement as such claim becomes due, CITY may pay such claim to the person fumishing the labor or services and charge the amount of the payment against funds due or to become due to Independent Contractor by reason of this Agreement The payment of any such claim by CITY shall not relieve Independent Contractor or its surety from obligation with respect to any unpaid claims. ORS 279.314. 6) Promptly, as due, make payment to any person, co-partnership, association or corporation, fumishing medical, surgicalahd hospital care or other needed care and attention, incident to sickness or injury, to the employees of Independent Contractor, of all sums which Independent Contractor agrees to pay for such services and all moneys and sums which Independent Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. All employers working under this Agreement are subject employers that shall comply with ORS 656.017. ORS 279.320. 7) No person shall be employed by Independent Contractor for more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of necessity, emergency, or where the public policy absolutely requires it and in such cases, except if this Agreement is for personal services as defined in ORS 279.051, the employee shall be paid at least time and a half pay: . a) For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is fIVe consecutive days, Monday through Friday; or b) For all overtime in excess of 10 hours a day or 40 hours in anyone week when the work week is four consecutive days, Monday through Friday; and c) For all work performed on Saturday and on any legal holiday specified in ORS 279.334. Independent Contractor must give notice to employees in writing, either at the time of hire or before commencement of work on this . Agreement, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279.316. 8) If this Agreement is for personal services as ~efined in ORS 279.051, any employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in anyone-week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime. ORS 279.316 9) If this Agreement is for services, persons employed by Independent Contractor shall receive at least time and a half pay for work perfol:lTled on the legal holidays specified in a collective bargaining agreement or in ORS 279.334 (1) (a) (C) (ii) to (vii) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater. Independent Contractor must give notice to employees in writing, either at the time of hire or before commencement of work on this Agreement, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. . 279.316 10) Independent Contractor shall not discriminate against minority, women or emerging small business enterprises in the awarding of subcontracts. Independent Contractor's execution of the Agreement shall. also constitute. certification that Independent Contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts. ORS 279.111. 11) If Independent Contractor is a foreign contractor (not domiciled in or registered to do business in the State of Oregon), and the contract price exceeds $10,000, Independent Contractor shall promptly report to the Oregon Department of Revenue on forms to be provided by the Department of Revenue the total contract price, terms of payment, length of contract. and such other information as the Department of Revenue may require before final payment shall be made by the City. Independent Contractor shall certify compliance with this condition before City issues final payment ORS 279.021. 12) If this Agreement concerns a public improvement contract, Independent Contractor's execution of the Agreement shall also constitute certification that Independent Contractor has an employee drug testing program in place. ORS 279.312(2) 07 _IMS-GIS_Streetli_Exhibit B.DOC Page 1 of! Mar-06 ATTACHMENT B-1 2