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Home My WebLink About2000-162 Contract - Marquess & Associates CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 CITY OF ASHLAND, (CITY) CONSULTANT: MARQUESS & ASSOCIATES, INC. 20 East Main Street Address: 1120 E. JACKSON STREET Ashland, Oregon 97520 MEDFORD OR 97501 Telephone: (541) 488-6002 Telephone: S41/772-7115 Fax: (541)488-5311 Fax: 5411779-4079 ¶3. BEGINNING DATE: July 20, 2000 ¶3. COMPLETION DATE: April 2001 ¶4. COMPENSATION: NTE $8,500 ¶1. SERVICES TO BE PROVIDED: See attached scope of services dated September 27, 2000 from Marquess & Associates. ADDITIONAL TERMS: CITY AND CONSULTANT AGREE: 1. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 2. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 3. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 4. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 5. Ownership of Documents: Ali documents prepared by Consultant pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279.312,279.314,279.316 and 279.320 are made part of this contract. 7. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and approximately caused by the negligence of City. 8. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City fail substantially to perform its obligations through no fault of Consultant. 9. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 10. Assi,qnment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. CONSULT^ :~ .... C'TY OF ~/~'~ Cify Administration Date Its BY Director of Finance Date Fed ID#,/; ': ~,2~ ? ~'~?/(( Content Review: .~.~ . (City Dept. Head) Date: Purchase Order# / · DATE '~- 'L- ~ --~' & Coding: ~ 70. O,~./8. ~' 7P4¢' ;Z43¢~ (for City purpose Only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$15,000 (p:forms~a-shrtps.~.wpd)(rev'd 12/99) G:\pub-wrks~eng~ept-admin\ENGINEER\PROJEC'r~2.000\2000-27A Marquess Contract.doc CONSULTING ENGINEERS TELEPHONE: (541)772-7115 FAX: (541) 779-4079 September 28, 2000 Paul Brown City of Ashland 20 East Main Street Ashland, Oregon 97520 PROPOSAL FOR GEOTECHNICAL INVESTIGATION WATER RESERVOIR ASHLAND WATER PLANT ASHLAND, OREGON MAI JOB NO. 1-7492.6 Dear Mr. Norton: Thank you for your request to prepare a geotechnical investigation report for a water reservoir at the Ashland Water Plant. As part of our preparation for this proposal, we have discussed the project with you and Peter Williams and visited the site with Mr. Williams. The reservoir will probably be 25 feet in diameter and sited near the bridge at the plant. A definite location for the tank has not been firmly fixed due to multiple unknowns at this time. (The tank may be sited near Ashland Creek or may be tucked into the hillside thus requiring steep high cuts.) The ground at the tank site is partially on an old graded road cut into thc hillside. The streamside of the site is presumed to consist of bouldery artificial fill over bouldery stream deposits over granite bedrock. The soil deposits away from the creek (closer to the hillside) are expected to be the same except for decreasing amounts of artificial fill. Due to the bouldery ground, drilling is expected to be slow and very difficult. Scope of Work Preliminary subsurface investigation would be conducted with a backhoe in the tank site area(s) to establish the bedrock surface. In addition, we would use the backhoe to "probe" the drillhole sites and remove boulders where possible. Drillhole investigation under the guidance of our geotechnical engineer who would log and sample two exploratory borings for the project. The borings would be drilled with truck-mounted hollow stem auger drilling and rotary wash coring equipment (same rig, multiple capabilities). The borings would be drilled in areas selected by you and would be extended down to bedrock. Since the boulders at the site could be very large, we would extend our coreholes at least 10 feet into bedrock. Ms. Paula Brown September 28, 2000 Page 2 Undisturbed and disturbed samples and NX rock cores would be obtained at representative locations in the borings. All soils would be identified visually in the field and their classifications would be verified by laboratory testing. The groundwater levels in the holes would be measured prior to backfilling. Laboratory testing of samples obtained from the exploration. These tests would include moisture content, dry density, plasticity, gradation, free swell, consolidation, and shear strength determinations, as appropriate. Soil and foundation engineering analyses using the field and laboratory data and preparation of a soil investigation report that would present findings and recommendations for: Subsurface conditions, including locations of boulders and bedrock materials, groundwater depth, and other pertinent geotechnical factors. Foundation system, minimum depths, dimensions, allowable bearing values, lateral load resistance. c. Lateral soil and rock pressures, active, passive, and at-rest. d. Estimated foundation settlements. e. Permanent cutslopes. Any other unusual design or construction condition encountered in the investigation. Arrangements We propose to perform the work described in this proposal, including the drilling rig and operators, on a Time and Materials Basis with a Probable Fee of Eight Thousand Five Hundred Dollars ($8,500.00). (For your information, the drilling budget is $5,400.) This fee assumes that eight hours of drilling is required per boring. If little or no bouldery soil is encountered, the drilling would be easier and much cheaper to complete. These probable fees include reimbursable expenses for printing, permits and fees, mileage, telephone calls, fax, photographs, etc. All additional work which is outside the scope of services as described shall be paid for at the hourly rate schedule shown on the back page of this proposal which is valid until December 31, 2000. Ms. Paula Brown September 28, 2000 Page 3 In the event work is stopped on this project, the hourly rate and the hours billed to the project shall determine the engineering fee. Our present hourly rate schedule is enclosed as Exhibit A. Payment of the billings must be made by the 20th of each month. Late payments will be subject to a service charge of 1.5% per month on the unpaid balance. We look forward to providing service to you on this project. When you wish us to proceed with this work, please send a signed copy of this proposal to us. If you have any questions, please call. Very truly yours, MARQUESS & ASSOCIATES, 1NC. Rick Swanson, P.E. RS/pc Copies: Addressee (2) rs\1-7492.6Prop.doc AUTHORIZATION Approved By. Date MARQUESS & ASSOCIATES, INC. SCHEDULE OF FEES AND CONDITIONS PERSONNEL CHARGES Executive Engineer .................................... $107.00/hr Principai Gentechnicai Engineer ..................... $ 97.00/hr Sanior Engineer ......................................... $ 85.00/hr Project Engineer ........................................ $ 72.00 - 78.00/hr Design Engineer/Sr. Survey Tech II ................. $ 62.00 - 68.00/hr Designer I/Soils Lab Tech/Survey Tech III ......... $ 54.00 - 60.00/hr Drafter l/Survey Tech I ............................... $ 48.00/hr Survey Crew - 2 Person Party ........................ $110.00/hr Word Processor ........................................ $ 40.00/hr Mileage ................................................. $ 0.35/mile Out of Pocket Expenses ............................... Actual Cost Principal Engineer ..................................... Hydrology Engineer ................................... Structural Project Engineer ........................... Land Surveyor/Sr. Engineering Tech ............... : Soils Field Tech/Sr. Survey Tech I .................. Drafter II/Survey Tech II ............................. Inspector ................................................ Survey Crew - 3 Person Party ........................ AutoCAD Operations ................................. Nuclear Moisture/Density Gauge .................... 97.00/hr* 85.00/hr 74.00 - 80.O0/hr 70.00 - 80.O0/hr 54.00 - 58.00/hr 50.O0/hr 55.00/hr 166.00/hr 20.O0/hr lO.O0/test * Expert wimess fees for appearance at court and depositions are $1,000/day and $500 half day. There is a minimum of one-half day for ail court and deposition appearances. STANDARD OF CARE - Services performed by Marquess & Associates, Inc. (MAI) under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under simiIar conditions. No other warranty, expressed or implied, is made. Client recogaizes that subsurface conditions may vary from those encountered at the locations where our borings, pits, surveys, or explorations are made and that our data, interpretations and recommendations are based solely on the information available to us. We will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. RIGHT OF ENTRY - The Client shail provide for MAI's right of entry. While MAI shall take all reasonable precautions to minimize any damage to the property, it is understood by Client that the use of exploration equipment will cause some damage to the ground, the correction of which is not part of this agreement. GENERAL LIABILITY INSURANCE - MAI represems and warrants that it is protected by workers' compensation insurance and that we have such coverage under public liability and property damage insurance policies which we deem to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions &such insurance, we agree to indemnify and save Client harmless from and against any loss, damage, or liability arising from any negligent acts by MAI and its staff. We shail not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. We shall not be responsible for any loss, damage or liability arising from any negligent acts or willful misconduct of Client, its agents, staff, and other consultants employed by it. Certificates of our general liability insurance shail be provided upon request. UTILITIES - In the performance of our work, MAI will take ail reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Client agrees to waive any claim against MAI and to defend, indemnify and hold MAI harmless fi.om any claim or liability for injury or loss allegedly arising fi.om MAPs damaging underground utilities or other man-made objects that were not cailed to MAI's attention or which were not properly located on plans furnished m MAI. OWNERSHIP OF DOCUMENTS - All reports, logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by MAI as instruments of service, shall remain our property. Client agrees that ail reports and other work furnished to the Client or his agents, which is not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. SAMPLES - All samples of soil and rock will be disposed of fi.om the laboratory 30 days after issuance of the report unless the Client advises otherwise. Upon request, we will deliver the samples to the Client or will store them for an agreed storage charge. LIMITATIONS OF LIABILITY - Our liability for damages due to professional negligence will be limited to an amount not to exceed our fee. Client will limit any and all liability, claim for damages, cost of defense, or expenses to be levied against MAI on account of any decision, defect, error, omission, professional negligence, or alleged act of negligence on our part to an amount not to exceed our fee. Client will indemnify and hold MA1 harmless of ail liability claims for damages, cost of defense or expenses in excess of the amount of our fee. This indemnification shall apply to all claims regardless of cause and against all claims brought by third parties as well as Client. DISPUTES - All claims, disputes, and other matters in controversy between MAI and Client, arising out of, or in any way related to this contract, will be submitted to mediation or another alternative dispute resolution procedure before, and as a condition precedent to, judicial action, or other remedies provided by law. The limitation and indemnification shall aiso be effective in such mediation. In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attomey's fees, and other claim related expenses. CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 NOTICE OF TRANSMITTAL TO: KARl OLSON I,~RBARA CHRISTENSEN SHARLENE STEPHENS DATE: PROJECT: JOB NO.: SUBJECT: SEPTEMBER 29, 2000 GEOTECHNICAL INVESTIGATION 2000-27A CONTRACT DOCUMENTS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Karl - I have attached a copy of the contract and the requisition for this project, can you please initiate a PO for me, thanks, Barbara - I have attached the original copy of the contract, can you please file it and put a copy in the laserfiche program. Thanks. Sharlene - I have attached a copy for you to follow up with insurance, thanks. ENCLOSED / UNDER SEPARATE COVER REMARKS: COPIES TO: Department of Public Works By: Dawn Curtis Title: Administrative Secretary G:\pub-wrks\cng\dept-admin\ENGlNEER\PROJECT~2000\2000-27A Marq Contract in house NOr.doc VENDOR: 000575 MARQUESS & ASSOCIATES 1120 E JACKSON MEDFORD, OR 97501 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 SHIP TO: Ashland Public Works (541) 488-5587 27-1/2 N MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Special Inst: Req. No.: Dept,: Paula Brown - Public Works Contact: Paula Brown - Public Works Confirming? Yes BLANKET PURCHASE ORDER Water Reservoir- SUBTOTAL 8,500.00 BILL TO: A~ount Payable TAX 000 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 8,500.00 ASHLAND, OR 97520 E 670.08.18.00.704200 8,500.00 AUtr~orlze(~ ~lgnature VENDOR COPY CITY OF ASHLAND REQUISITION Department: Public Works NO.: PW 271-DC Vendor: Marquess & Associates Inc. 1120 E. Jackson Street Medford OR 97501 Date: September 27, 2000 Requested Delivery Date: ASAP Deliver To: Via: Account No.: 670.08.18.00.704200 *{Note: Please allow approximately two (2) weeks for deliver3' on items not generally canied or stored, and approximately two (2) months on printed jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. Geotechnical Investigation Water $8,500 NTE Reservoir Ashland Water Treatment Plant $8,500 Job No. 2000-27A Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted. .~ Department Head or Authorized Person Issued By Date Received By