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HomeMy WebLinkAbout1993-066 Contract - Marquess CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 CITY OF ASHLAND, (CITY) CONSULTANT: Marquess & Associates, Inc., Consulting Engineers 20 E. Main St. Address: 1120 East Jackson Street, P.O. Box 490 Ashland, Oregon 97520 Medford, OR 97501 (503) 482-3211 FAX: (503) 488-5311 Telephone: (503) 772-7115 FAX: (503) 779-4079 AGREEMENT DATE: July 30, 1993 ~[3. BEGINNING DATE: Week of August 9, 1993, - August 13, 1993 ~4. COMPENSATION: $2,500.00 ~3. COMPLETION DATE: Week of August 30, 1993 - Sept. 3, 1993 ~1. SERVICES TO BE PROVIDED: A geotechnical investigation for the planned Public Works/Planning Dept. building for the City of Ashland to evaluate the prevailing soil and foundation conditions in the building area and to develop recommendations for the earthwork and foundation engineering aspects of the project. For scope of services to be pedormed, see Exhibit A. ADDITIONAL TERMS: The terms of this agreement shall control if any conflict between this agreement and the attached Exhibit A. 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. Consultant shall also procure and maintain a current City of Ashland business license. 3. Completion Date: Consultant shall start performing the service under this contract by the 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 of 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: All 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 and prior to commencing any work, Consultant shall provide City with adequate proof of workers' compensation coverage. Consultant is a subject employer that will comply with ORS 656.017. 10. Insurance: Consultant shall, at its own expense, at alt times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, professional errors and omissions, products and completed operations and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Consultant under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mair' written notice is unacceptable. 11. AssiRnment 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, CONSULTANT: Its Fed. ID# 93-0579644 CITY ~),,F ASHLAND: ~ ¢~(City Admi~istra-~r ^ .-,~ .~t '~ ~,~NTENT REVIEW. JJ,~ ~" ~J~'%CCity Dept. Head) Oate.' ~ ~_' ~ FORM REVIEW; ~/~ (City Attorney) Date: ~/ ~.~ Coding: (for City purposes only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$15,000 (p:formslrnarquess.fk)(rev'd 7/93) EXHIBIT A E P.O. BOX 490 MEDFORD, OREGON 97501 TELEPHONE: (503) 772-7115 FAX: (503) 779-4079 July 2, 1993 Steven P. Hall Public Works Director City of Ashland 20 East Main Street Ashland, Oregon 97520 RE: PROPOSAL FOR GEOTECHNICAL INVESTIGATION ADMINISTRATIVE BUILDING CITY OF ASHLAND ASHLAND, OREGON MAI JOB NO. 7-10.1 Dear Mr. Hall: Introduction As requested, we are submitting this proposal to perform a geotechnical investigation for the planned Administrative Building for the City of Ashland. The purpose of this investigation would be to evaluate the prevailing soil and foundation conditions in the building area and develop recommendations for the earthwork and foundation engineering aspects of the project. As a basis for this proposal, we have visited the site, discussed the project with you, and reviewed the June 15, 1993, geologic report for the site by Ferrero Geologic. As shown on the preliminary drawings by Gary N. Afseth, Architect, the new building will be located behind the existing Police Department and City Council Chambers on East Main Street. lhe structure will be one story and roughly rectangular in shape with plan dimensions of about 81x136 feet. The building is expected to utilize wood framing and slab-on-grade floors. Building loads are expected to be typical for the proposed construction. The finished floor will be established at Elevation 94.5 feet. The building site slopes approximately 3 percent to the north with surface grades varying from Elevation 95.0 to 91.8 feet. The previous report by Ferrero Geologic indicates the site is underlain by four to six feet of poor quality fill that is further underlain by wet silty sands and plastic silts to the depths explored (4.8 to 9.3 feet). This subsurface information would be utilized as much as possible in our investigation. Mr. Steven P. Hall Public Works Director July 2, 1993 Page 2 Scope of Services Based on the above, we propose that our investigation consist of the following: Review of available published and unpublished geologic and geotechnical information for this area, including available reports by others for the nearby City buildings. The drilling of three exploratory borings in the planned building area to investigate soil and foundation engineering conditions. The borings would be drilled to depths of 20 feet using truck mounted hollow stem auger drilling equipment. Continuous drive samples would be taken in the upper six feet using the Standard Penetration Sampler and the Modified California Sampler and at five foot intervals or changes in material type thereafter. The water level would be measured in the holes prior to backfilling. We would need your assistance in locating and marking any underground utilities in the building area prior to drilling the borings. Laboratory testing of samples obtained from the exploration. These tests would include moisture content, dry density, plasticity, gradation, free swell, and shear strength determinations, as appropriate. Soil and foundation engineering analyses using the field and data and preparation of a geotechnical investigation report. would present findings and recommendations for: laboratory The report Site geology. b) Site preparation and grading for the building. c) Building foundation type(s), minimum dimensions, and allowable bearing values. d) Estimated foundation settlements. e) Treatment of expansive soils, as appropriate. f) Support of interior and exterior slabs-on-grade. g) Backfilling and compaction of utility trenches. h) Surface and subsurface drainage. i) Any other unusual design or construction conditions encountered in the investigation. Mr. Steven P. Hall Public Works Director July 2, 1993 Page 3 Arranqements and Conditions We propose to perform the work described in this proposal, including the rental of the drilling equipment, for a lump sum fee of Two Thousand Five Hundred Dollars ($2,500.00). As compensation for services rendered, a billing will be sent on the first day of each month showing the percentage of work completed on the project. In the event work is stopped on this project, the hourly rate shall determine the engineering fee. Our present hourly rate schedule is enclosed as Exhibit A (see attachment). 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. Personnel rates and equipment charges, as shown on Exhibit A, are valid until December 31, 1993. We can perform the field work within about one week of your notice to proceed, and our report would be submitted about two weeks thereafter. We will discuss our findings and recommendations with you and your architect approximately one week after the completion of the subsurface investigation. Our services will be performed, findings obtained and recommendations prepared in accordance with generally accepted geotechnical engineering principles and practices. This warranty is in lieu of all other warranties, either expressed or implied. Client recognizes that subsurface conditions may vary from those encountered at the locations where our borings, 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. The Client shall 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 may cause some damage, the correction of which is not part of this agreement. MAI represents and warrants that it is protected by worker's 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 of 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 shall 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 shall be provided upon request. Mr. Steven P. Hall Public Works Director July 2, 1993 Page 4 In the performance of our work, MAI will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The owner agrees to waive any claim against MAI and to defend, indemnify and hold MAI harmless from any claim or liability for injury or loss allegedly arising from MAI~s damaging underground utilities or other man-made objects that were not called to MAI~s attention or which were not properly located on plans furnished to MAI. If, after a definite scheme has been approved, the Owner or governing municipality or agency makes a decision, which for its proper execution involves additional services and expense for changes in or addition to drawings, specifications or other documents, or changes in methods or procedure or of handling the work, or if the Owner delays the work, or is delinquent or becomes insolvent, then MAI shall be equitably paid for such additional services and expense. In case of the suspension or discontinuance of the work in part or in whole, MAI shall be paid the amount of the fee accrued at that time and, in addition, the proportionate value of the additional services then performed, but for which payment would not then be due hereunder in the event the work has not been suspended or discontinued. In the event suit or action is instituted to enforce this agreement or any of the terms hereof, or in the event of any appeal from suit, action or proceeding, the prevailing party shall be entitled to such sums as the court may adjudge reasonable as attorney's fees in such suit, action or appeal. All reports, boring 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 all 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 whatever. Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. MAI and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition requiring a renegotiation of the scope of the work or termination of services. All samples of soil and rock will be disposed of from the laboratory 30 days after issuance of the report unless the Client advises otherwise. Upon request, we will deliver the samples to the Client, charges collect, or will store them for an agreed storage charge. Mr. Steven P. Hall Public Works Director July 2, 1993 Page 5 This agreement, if not signed and returned within 60 days of the above will become invalid and must be renegotiated. We look forward to providing service to you on this project. authorization to proceed, please sign and return one copy of this If you have any questions regarding this proposal, please call. RS/RCC/pc Enclosure: RS-2 Sincerely, date, As our agreement. Exhibit A MARQUESS & ASSOCIATES, INC. Rick Swanson AUTHORIZATION Approved By Date 1120 EAST JACKSON STREET P,O. BOX 490 TELEPHON E: (503) 772-7115 FAX: (503) 779-4079 MEDFORD, OREGON 97501 Exhibit A July 1, 1993 ENGINEERING FEE SCHEDULE Executive Engineer ....................... $78.00 per hour Principal Engineer ....................... $68.00 per hour Geotechnical Engineer .................... $60.00 per hour Project Engineer ......................... $54.00 per hour Design Engineer .......................... $44.00 per hour Designer ................................. $40.00 per hour Drafter II ............................... $36.00 per hour Drafter I ................................ $34.00 per hour Inspector II .............................. $36.00 per hour Inspector ! .............................. $32.00 per hour Computer - Plotter ....................... $18.00 per hour Survey Crew - 2-Person Party ............. $85.00 per hour Survey Crew - 3-Person Party ............. $98.00 per hour Typist with Word Processor ............... $28.00 per hour Mileage .................................. $ 0.28 per mile Out-of-Pocket Expenses ................... Actual Cost Nuclear Moisture/Density Gauge ........... $ 5.00 per test PAYMENT: Payment on the billings must be made on or before the 20th day of each month. A CHARGE OF 1.5% PER MONTH (18% ANNUAL PERCENTAGE RATE) WILL BE ADDED AFTER 30 DAYS UNLESS PRIOR ARRANGEMENTS ARE MADE.