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HomeMy WebLinkAbout1984-025 Geotechnical StudiesCONSULTANTS William L. Shannon, P.E. Stanley D. Wilson, P.E. III SHANNON & WILSON, INC. Geotechnical Consultants 2255 S.W. Canyon Road. Portland, Oregon 97201 .Telephone: (503) 223-6147 0-1733-01 July 10, 1984 City of Ashland Ashland, Oregon 97520 Attn: Alan A. Alsing, P.E. Director of Public Works PROPOSAL FOR GEOTECHNICAL STUDIES IN RELATION TO LITHIA PARK VILLAGE PUD ASHLAND, OREGON Gentlemen: In accordance with your request, transmitted by letter dated July 2, 1984, we are pleased to submit this proposal for services in connection with a geotechnical study at Lithia Park Village in Ashland, Oregon. To assist us in the preparation of our proposal we have received an anticipated scope of services from you and understand there is available certain other documents in your office which you will transmit upon request. In addition to the proposed study, we may also be required to provide possible support in litigation proceedings, the costs of which are not included herein. The site of the proposed development is on the west side of the valley within which the City of Ashland is located. At the present time the development has been partially constructed in that the roads have been rough graded and some culverts have been placed. At the present time, however, the project has been "shut down" because of difficulties with compliance as set forth by the plans and specifications as submitted to the Engineering Department of the City of Ashland for approval, as well as Walter L. Wright, P.E. Senior Vice-PresidentANestern Region Associate: K. Frank Fujitani, P.E. David E. Hilts, P.E. Vice-President & Manager Seattle · Portland · Spokane · Fairbanks · St. Louis · Anchorage 0-1733-01 City of Ashland July 10, 1984 Page 2 the conditions stipulated in the permit to proceed. information from previous reviews and project available. Limited subsurface work is apparently Based on our understanding of the study for the project, as well as the anticipated adversarial conditions, we propose the following scope of work, as outlined in your letter dated July 2, 1984. Preliminary site visit and overview to establish a project plan and detail important deadlines, product delivery dates, and review meetings. Participate in a start-up meeting with city staff for both background information and to project future coordination effort. e Accomplish a detailed site reconnaissance of the property involved, for the purpose of viewing and evaluating the work that has been accomplished to date as well as its potential impact upon adjacent property and facilities. In addition, we will review the compliance of the work accomplished to date with any geotechnical criteria set forth in the relevant documents submitted to the City Engineers office or imposed at the time of the issuance of the permit. At the time of the on-site review, criteria would be established as to what data would be necessary to obtain a factual basis as to the type of materials involved in the cuts and fills, as well as what conditions currently exist. This may require some field and laboratory testing to determine the relevant engineering properties of the material. e Review the previous engineering/geology report, "Lithia Homes Development, Upper Granite Street, Ashland, Oregon", by Hicks & Cloyd, as well as other information which may be available in the literature. 0-1733-01 City of Ashland July 10, 1984 Page 3 Following the investigation and collection of data, prepare a report of conditions and recommendations for erosion control. This report will include the following: a) evaluation and recommendations regarding the existing erosion potential of the subject subdivision, with specific emphasis upon the adequacy of the in-place control measures to provide the protection for which they were constructed, not only during the coming winter, but in the future; b) an evaluation of the erosion control measures presently in place, in relation to their suitability to provide protection over an indefinite time, including their suitability to go through another winter and into the indefinite future, with resulting recommendations for further remedial action which might be required this summer to prevent unsafe conditions during one more winter; c) in the event the project is abandoned by the developer, an evaluation of what measures that are presently in place are not suitable, and what measures should be taken to prevent occurrence of unsafe conditions in the future. These evaluations would be categorized to such items as human life, existing development, and natural resources. The evaluations would not address unsafe natural conditions of the pre-existing site. Following the completion of the report, present the findings to the Ashl and City Council. It is assumed that much of the data is currently available and such data that is not available, such as vertical photography, existing topography and pre-existing topography would be provided to us at no cost, and that in the event a small backhoe or excavation equipment may be required for limited explorations, that the City would provide this at no cost to us. It is also understood that there may be trespass problems upon the property and that the City would save Shannon & Wilson, its officers, 0-1733-01 City of Ashland July 10, 1984 Page 4 employees and agents harmless from any such lawsuits or allegations thereof, and adequately defend the firm, its officers and employees from any and all costs associated with any subsequent outcome, assuming that such acts performed by Shannon & Wilson, its officers, employees and agents are done in agreement with the City staff. Our fee for the work and the terms under which our services are offered would be in accordance with the attached Fee Schedule F-1L/C, and attached is a breakdown of estimated costs. We estimate the cost for the work outlined herein to be $7,935.00, and if there are any changes or additions, they will be negotiated with you and your staff prior to execution. It is understood that plans, site surveys, rights-of-entry, and other necessary information that would be of assistance to us in our investigation would be made available. Of particular importance is the location of underground utilities in the vicintiy of any area in which we undertake explorations. Should you have any questions regarding the scope of work outlined in this letter, please contact us at your convlenience. Very truly yours, x/~ //~ B/waYt~r~l~. WriSt? ~E~ Senior Vice Presj~ent WLW/dr Enclosures Accepted and Executed this ~ ~ day of .~_~ /~ , 1984. L. Gordon Medaris, Mayor City of Ashland Nan E. Franklin, City Recorder City of Ashland 0-1733-01 COST ESTIMATE e e o Initial Site Visit and Meeting with City Staff (includes transportation and subsistance) Field Explorations: a. Backhoe Rental (optional) b. Mob/Demob. c. Work at Site d. Transportation & Subsistance Laboratory: a. Water Contents, etc. b. Compaction Tests c. Gradation Tests $875.00 $360.00 640.00 320.00 300.O0 $ 80.00 450.00 150.00 Engineering: a. Vice President-4 days @ $680.00 2,720.00 b. Staff Engineer-2 days @ $320.00 640.00 c. Transportation & Subsistance 200.00 Report: a. Drafting $300.00 b. Typing $200.00 $ 875.00 $1,620.00 $ 680.00 $3,560.00 $ 500.00 Sub-Total $7,235.00 Contingency $ 700.00 TOTAL $7,935.00 NOTE: No additional costs included following presentation of report to City Council. SHANNON & WILSON, INC. GEOTECHNICAL CONSULTANTS AGREEMENT FOR PROFESSIONAL SERVICES Attachment to and part of Letter Proposal dated July 10, 1984 To City of Ashland 1. PROFESSIONAL SERVICES BY STAFF AND OFFICERS Fees for services are based on the time expended on the project, including travel time, by professional, technical, and clerical personnel. The fee will be computed by multiplying by 2.4 the payroll cost charged to the project. The payroll cost will consist of the employees' salaries charged to the project, plus twenty-nine percent (29%) for payroll taxes and employee benefits. 2. KEIMBURSABLE EXPENSES Expenses other than salary costs that are directly attributable to our professional services are invoiced at our cost plus 5 percent. Examples o~ these expenses include but are not limited to out of town travel expenses, long distance telephone charges, use of personal and rental cars, job related supplies such as explosives on geophysical surveys, piezometers, and other instruments, special fees and permits, premiums for additional or special insurance where required. 3. SERVICES BY OTHERS When considered necessary, other firms or consultants may be utilized with your approval. The cost of services of other consultants or firms will be marked up 5% (or as otherwise agreed in writing) to cover taxes and other overhead-type expenses, and will be included in our invoice. Both Stanley D. Wilson and William L. Shannon are retired from the firm but are available as consultants at an agreed rate. 4. BORINGS, GEOPHYSICAL SURVEYS AND OTHER EXPLORATIONS~ FIELD TESTS, AND LABORATORY TESTS Borings, geophysical surveys, pile loading tests, plate bearing tests, and other field tests conducted using our equipment and personnel will be billed at either (1) the charge for labor, as computed under the first paragraph of this schedule, plus the rental of equipment at rates shown on the attached Equipment Rental Schedule, or (2) unit prices. Where borings and other explorations and tests are required which we cannot perform, we will engage a contractor(s) experienced in this work and will invoice you for the contractor's services plus 12 percent. An exception would be work performed by Fairbanks Drilling Company, a wholly owned subsidiary of Shannon & Wilson. Their invoices will be included in our invoice without markup. Laboratory tests performed using our equipment and personnel will be billed at either (1) the charge for labor, as computed under the first paragraph of this schedule, plus $2 for each man hour of laboratory testing, or (2) unit prices. 5. COMPUTER CHARGES The use of in-house computers will be invoiced at rates shown on the attached Equipment Rental Schedule. The use of leased or other non-owned computers will be invoiced at our cost plus 100 percent. 6. RIGHT-OF-ENTRY Unless otherwise agreed, you will furnish us right-of-entry on the land and be responsible for the propriety of the time, place and manner of our entry upon the land where we are to make borings, surveys and other explorations. We will take reasonable precautions to minimize damage to the land from use of equipment, but have not included in our fee the cost of restoration of ~le land. If you desire us to restore the land to its approximate former condition (i.e., compaction of backfill, pavement patching, etc.), we will accomplish this and add the cost plus 12% to our fee. You agree to hold us harmless from any loss suffered by Shannon & Wilson as a result of entry on land for the purposes described in this paragraph. 7. BURIED UTILITIES If there are any buried utilities such as sewer, electric, etc., on the land, you will provide us with a location plan showing existing utilities on the site where exploration(s) is to be made. We and our subcontractors will use reasonable care and diligence to avoid contact with utilities as shown. You will hold Shannon & wilson and Shannon & Wilson subcon- tractors harmless from any loss resulting from inaccuracy of the plans, or lack of plans, relating to the location of underground utilities. 8. SAMPLES Ail samples of soil and rock will be discarded 30 days after submission of Our final report unless you advise us to deliver the samples to you, charges collect, or to store them for an agreed storage charge. 9. WORK24EN'S COMPENSATION INSURANCE We are subject to workmen's compensation insurance (and/or employer's liability insurance) as required by applicable state statute. 10. GENERAL LIABILITY AND LIMITATION THEREOF Shannon & Wilson agrees to hold you harmless and to indemnify and defend you on account of any liability due to bodily injury or property damage arising directly out of our negligent operational acts, but such hold harmless and indemnity will be limited to that covered by our comprehensive general liability insurance and not otherwise. We carry comprehen- sive general liability insurance, which, subject to its limits, terms and conditions, provides protection against liability arising out of bodily injury and property damage that is the direct result of our operational negligence. At your request, we will provide certificates evidencing such coverage and will purchase additional limits of liability that you may require as a separate cost item to be borne by you. In the event Shannon & Wilson is subjected to non-meritorious claims or lawsuits (where the plaintiff does not prevail) brought by any party in connection with services rendered, or otherwise arising for any reason from the construction which is the subject of this contract, you agree to hold Shannon & Wilson harmless from actual losses and costs incurred, F-1L/C (over) ll. 12. 13. 14. including time spent by Shannon & Wilson personnel, charged at normal rates, and also including attorneys' fees and 6ther expert or service fees incurred by Shannon & Wilson in connection with such claims or lawsuits. Your hold harmless agree- ment is limited to losses of the type described above and does not include payment of any judgment against Shannon & Wilson because none would be incurred in a non-meritorious claim or lawsuit. In the event Shannon & Wilson is found liable in the trial of any such lawsuit, then and in that event this hold harmless and indemnity agreement becomes null and void and you will not be responsible for any of the losses or costs referred to herein. Shannon & Wilson shall have the absolute right to decide whether any such claim or lawsuit shall be settled. Proportional contribution to any such settlement shall be a matter of agreement between Shannon & Wilson and yourself, but if such settlement is made, Shannon & Wilson and you shall each pay one-half of the losses and costs incurred in connection with the claim or lawsuit as described herein, share and share alike. PROFESSIONAL LIABILITY AND LIMITATION THEREOF This paragraph relates only to Professional Liability and not General Liability. Should we or any of our agents or employees be found to have been negligent in the performance of professional services from which you sustain damages, you will agree to limit your recoverable damages from such liability, plus any claims for cost of defense or other incurred costs to an aggre- gate amount not to exceed $50,000 or our fee (as computed under the first paragraph of this schedule) whichever amount is greater. In the event that you are unwilling or unable to limit our professional liability to these sums, we will waive this limitation upon written request, provided that you agree to pay for this waiver an additional consideration of four percent (4%) of our total fee, or $200.00, whichever is greater. If you do not exercise your written option as set forth above at the time you accept this agreement for professional services, it is agreed that you accept the $50,000 limitation set forth in this paragraph. PAYMENTS TO ENGINEER Invoices will be submitted periodically for prior services. Payment will be due upon receipt of invoice. An account will become delinquent thirty days after date of billing. It is agreed that a late charge will be added to delinquent accounts at the rate of one-and-one-half percent (1-1/2%) for each thirty days delinquent (provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state in which our office submitting the invoice is located). If you fail to make payments to us within 30 days of receipt of invoice, we may, after giving seven days written notice to you, suspend services. OTHER PROVISIONS Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. One or more waivers by either party of any provision, term, condition, or covenant, shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. It is understood and agreed that we have not been retained or compensated to provide design and construction review services relating to the safety precautions of any contractor or subcontractor who may work on the project and that we will not be providing such services. An opinion of construction cost prepared by us represents our judgment as a design professional and is supplied for your general guidance. Since we have no control over the cost of labor and material, or over competitive bidding or market conditions, we do not guarantee the accuracy of our opinion as compared to contractor bids of actual cost to the owner. Where tests are performed within a borehole (such as borehole logger, Goodman jack, seismic compression and shear wave), it is possible that damage to or loss of the borehole may occur. In such event, you agree to release us from all liability for loss of borehole from any cause while or after our services are performed. We agree to accept the risk of loss or damage to our equipment while inserted in a borehole. In the event there is a dispute between Shannon & Wilson and yourself concerning the performance of any provision in this agreement, the losing party shall pay the prevailing party reasonable attorneys' fees and costs as determined by the court. Test borings and test pits are an accepted and informative means of soil investigation. However, in the nature of things they cannot indicate with 100% certainty the nature of the soil conditions between the test penetrations. Therefore, a report based on test borings or test pits cannot guarantee 100% the nature of the soil between the test penetrations. If conditions different than are indicated in our report come to your attention after you receive the report, it is recormmended that you contact Shannon & Wilson immediately to authorize appropriate further investigation and to inform Shannon & Wilson completely on what you have discovered. TERMINATION This agreement may be terminated by either party by seven days written notice in event of substantial failure to perform in accordance with the terms of the agreement by the other party through no fault of the terminating party. If this agreement is terminated, it is agreed that we shall be paid for services performed to the termination notice date, including reimburs- able expenses due, plus termination expenses. Termination expenses are defined as 15% of our total fee for services earned to the time of termination to accoutnt for our costs of rescheduling adjustments, reassignment of personnel, and related costs incurred due to termination. F-1L/C