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Home My WebLink About2000-041 Contract - Marquess & Associates CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000~/y ~/~' CITY OF ,ASHLAND, (CITY) CONSULTANT: Marquess and Associates, Inc 20 E. Main St. Address: PC Box 490 Ashland, Oregon 97520 Medford, OR 97501 (541) 488-6002 FAX: (541) 488-5311 Telephone: 541-772-7115 FAX: 541-779-4079 AGREEMENT DATE: 11110199 ¶3. BEGINNING DATE: 1118199 ¶4. COMPENSATION: $2,500.00 ¶3. COMPLETION DATE: 12131199 ¶1. SERVICES TO BE PROVIDED: Survey Work per attached proposal dated 11-2-99, except that the fee indicated in the first sentence of page 2 shall be billed on an "actual time and materials but not to exceed $2500.00" basis instead of a "probable cost fee" basis. The extent of area to be surveyed shall be limited to areas not already surveyed by OBEC Engineering and OTAK, Inc. within the past twelve months. ADDITIONAL TERMS: Fr-c_ 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. Coml~letion 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. Ownershio of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 6. Statutory Rer~uirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract, 7. Indemnification: Consultant agrees to defend, indemnif, j 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 adsing 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 pdor to commencing any work, Consultant shall provide City with adequate proof of workers' compensation coverage. Consultant is a subject employer that will cemply with ORS 656.017. 10. Insurance: Consultant shall, at its own expense, at all 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 anti $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers. employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the C~ty shall be filed with City's Risk Manager prior to the commencement of any services by Consultant under this agreement. These certificates shai~ contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior wdtten notice has been given to City. A certificate which states merely that the issuing company '~vill endeavor to mail" written notice is unacceptable. 11. AssiGnment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subCOntract without written COnsent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subCOntract shall not create any contractual relation between the assignee or subcontractor and City. CONSULTANT: CITY OF ASHLAND: Pu~haseO er~ ~ CI~ OF ASH~ND PERSONAL S V ( ~ Fed. ID~ Coding: ~~~ (forCi~pu~osesonly) ER ICES CONTRACT <$~O0 (p:~s~-sh~ps.~)(mv'd 7~3) F:\USER~ENG~Hillah Temple~topocontract.doc 1120 EAST JACKSON P.O. BOX 490 MEDFORD, OREGON 97501 November 2, 1999 CONSULTING ENGINEERS TELEPHONE: (541) 772-7115 FAX: (541) 779-4079 Greg Scoles, Assistant City Administrator 20 East Main Street Ashland, Oregon 97520 Site Survey - Hillah Temple MAI Job No. 1-7225 Dear Mr. Scoles: We have been requested, by Berry Amhitects of Eugene, to provide you with an estimate for surveying services for the Hillah Temple site and the adjacent public restrooms to the north. We would be pleased to perform these services for you, outlined as follows: SCOPE OF SERVICES: A complete topographic survey of the existing Hillah Temple site located within tax lot 2100 of Assessors Map No. 39 IE 9 BC and a portion of 39 IE 9 BB, tax lot 7500 where the existing public restrooms are located. Mapping of all existing conditions and improvements will include: Buildings, utilities, walkways, parking, curb and gutter, and access driveways. Adjacent street and creek, bridges, stairways, and drainage structures. Topography denoted by spot elevations and one-foot contour intervals. Significant topographic features. Landscape trees, retaining walls, encroachments, and solar access. It has been brought to our attention that a boundary survey was performed by the City of Ashland Engineering Dept., although the information is not of public record at this time. If that information is provided to us, we will accurately depict the property boundaries on the mapping at no additional charge. However, if we are asked to determine boundary information on our own, this will be an additional expense, which could be significant due to a history of conflicting deeds and availability of sufficient survey control in this area. If requested to do so, we can provide these services on a negotiated fee basis. All deliverables will be furnished in an electronic AutoCAD R14 drawing format as well as on printed media at an appropriate engineering scale. Mr. Greg Scoles November 2~ 1999 Page 2 FEES: We propose to provide the above services for the probable cost fee of Two Thousand Five Hundred Dollars ($2,500.00). Probable cost fees given by the Surveyor shall be considered as estimates only and shall not be construed as guarantees that the work can be done for the amount thereof. The Surveyor will endeavor to keep the actual cost of the work as low as may be consistent with the purpose of the project and with proper workmanship and materials. The above fee does not include reimbursable expenses for printing, permits and fees, mileage, telephone calls, fax, photographs, etc. All additional work that is outside the scope of services as described shall be paid for at the hourly rate schedule enclosed as Exhibit A which is valid until December 31, 1999. As compensation for services rendered, a billing will be sent on the first day of each month showing the hours and rates of the various classifications of personnel working on the project. 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. In the event that work is stopped on this project, the hourly rate shall determine the engineering fee. If, after a definite scheme has been approved, the Owner or goveming 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 or Contractor delay the work, or if either is delinquent or becomes insolvent, then the Engineer shall be equitably paid for such additional services and expense. This letter is written as an Engineering Proposal and Agreement. An acceptance line is provided for your signature. Please return one signed copy for our files. In the event suit or action is instituted to entbrce this agreement or any terms hereof, or in the event of any appeal from st~t, action or proceeding, the prevailing party shall be entitled to such sums as the court may adjudge reasonable as attomey's fees in such suit, action or appeal. This proposal, if not signed and remmed within 60 days of the above date, will become invalid and must be renegotiated. Mr. Greg Scoles November 2, 1999 Page 3 If you have any questions or I can be of any other assistance, please don't hesitate to call. Respectfully, MARQUESS & ASSOCIATES, INC. Shawn E. Kampmann Professional Land Surveyor SEK/RCC/pc Enclosure: Engineering Fee Schedule sek\l-7225Prop.doc Rand~C.~leveland, P.E. President AUTHORIZATION Approved By Date 1120 EAST JACKSON P.O. BOX 49O MEDFORD, OREGON 97501 EXHIBIT "A" August 1, 1999 ENGINEERING FEE SCHEDULE CONSULTING ENGINEERS TELEPHONE: (541) 772-7115 FAX: (541) 779-4079 Executive Engineer ....................................................$102.00 per hour Principal Engineer .....................................................$ 92.00 per hour Geotechnical Engineer .................................................$ Hydrology Engineer ....................................................$ Senior Engineer .........................................................$ Structural Project Engineer ............................................$ Project Engineer ........................................................$ Registered Land Surveyor/Senior Engineering Technician .....$ Design Engineer/Senior Survey Technician II .....................$ Designer II ...............................................................$ Soils Field Technician/Senior Survey Technician I ...............$ Designer I/Soils Lab Technician/Survey Technician III .........$ Drafter II/Survey Technician II ......................................$ Drafter I/Survey Technician I .......................................$ Inspector .................................................................$ AutoCAD Operations ..................................................$ 20.00 per hour Survey Crew - 2-Person Party ........................................$105.00 per hour Survey Crew - 3-Person Party .......................................$158.00 per hour Word Processor .........................................................$ 38.00 per hour Mileage ...................................................................$ 0.35 per mile Out-of-Pocket Expenses .................................................Actual Cost Material Testing Services ...............................................Schedule Provided On Request 92.00 per hour 81.00 per hour 81.00per hour 72.00 - $77.00 per hour 70.00- $75.00per hour 63.00 - $70.00 per hour 60.00 - $65.00 per hour 58.00- $63.00per hour 54.00per hour 52.00 - $57.00 per hour 48.00 per hour 46.00 per hour 52.00per hour 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.