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Home My WebLink AboutAgr 2007-03-01 (Aquatic Environments) Town ofTiburon - 1505 Tiburon Boulevard -liburon, CA 94920 - P. 415.435.7373 F. 415.435.2438 - www.ci.tiburon.ca.us Office of the Director of Public Work / Town Engineer /415.435.7388 March 26, 2007 Mr. Gary Hoover Aquatic Environments, Inc. PO Box 1406 Alamo, CA 94507 RE: Downtown Tiburon Plaza Fountain Maintenance Agreement Dear Mr. Hoover: Enclosed is a fully executed copy of the agreement to perform maintenance service for the Tiburon Plaza Fountain. We look forward to our working together to fine tune and maintain our Plaza. If you have any questions, please feel free to contact me at 415-435-7388. Sincerely, ----\~~- L7 -= Nicholas T. Nguyen, P.E. Director of Public Works / Town Engineer Attachment: Agreement Cc: Tony lacopi Tom Gram Mayor Jeff Slavitz Vice Mayor Miles Berger Councilmember Alice Fredericks Councilmember Paul Smith Councilmember Margaret A. Curran Town Manager AGREEMENT FOR PROFESSIONAL SERVICES ~ ~M~R ~ ~ ~O~ ~ FOUNTAIN MAINTENANCE AND DIRECTOR OF PUBLIC WORKS MANAGEMENT TOWN OF TIBURON THIS AGREEMENT, made and entered this L day of j1;/ If~ {" I; ,2007, by and between the TOWN OF TIBURON, apolitical subdivision of the State of California, hereinafter called "Town," and AQUATIC ENVIRONMENTS, INC., hereinafter referred to as "Consultant," RECIT ALS A. The Town owns and maintains the Downtown Plaza Art Fountain. The Town's own staff requires assistance in the management and maintenance of the fountain. B. The Consultant is experienced in managing and maintaining water fountains as set forth in this Agreement. Therefore, the parties wish to contract for the Consultant to provide the services described in Section 1, below ("Services"), in accordance with all applicable State requirements. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform the following Services set forth in Exhibit A, which is attached hereto and incorporated herein by reference. 2. Compensation. Town agrees to pay Consultant as specified in Exhibit A. 3. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent act or omission of Consultant's in the performance of the Services pursuant to this Agreement. 4. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent consultant not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. 5. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 1/3 6. Insurance. Consultant shall maintain insurance asset forth below. Town shall be added as an additional insured to all required insurance policies. The limits set forth below are not intended to operate as a limit to Consultant's liability under Sections 3 and 4 of this Agreement. a. Comprehensive General Liability: Combined single limit of $1 ,000,000 for each. b. Comprehensive Automobile Liability: (1) For bodily injury, $1 00,000 per person and $300,000 per accident; and (2) for damage to property, $50,000. 7. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall imnlediately conlply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 13. Consultant shall resume work upon the cancellation of the Stop Work, Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. 8. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 9. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement by giving thirty (30) days written tlotice ,to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 10. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor pen-nit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 2/3 11. Miscellaneous a. Other Contract Provisions. To the extent that there are any inconsistencies with prior correspondence between the parties and the provisions of this Agreement, the latter shall prevail. b. Governing Law: venue. The laws of the State of California shall govern this Agreement. In the event that a dispute arises under this agreement, Marin County shall be the proper venue for any judicial resolution of said dispute. c. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. d. Successors in Interest Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. e. Entire Agreement Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT: TOWN OF TIBURON: Aquatics Environment, Inc. J:k~ B~ - 'A.' /..... .~ /t1IImj~ . l21; Its:' P . . V;4/PJ1 ~ ~ " /, '~/- .:r 6-- j h. . -- AT ;~ --. .>< -- ,*" . XF '""lie Wel'ks l'1"y) "ref A - Cc--rr'Ul, to--u-'-., (l;lh~ 'T () VifY\ ('J1 /( ~ r F APPROVED AS TO FORM: ~~.~ =--- Ann R. Danforth, Town Attorney 3/3 Exhibi t A Interim (3/1/07-6/31/07) Water Feature Maintenance and Service Ae:reement Town of Tiburon - Plaza Water Feature Water Feature Maintenance & Service Agreement: Aquatic Environments, Inc. will perform a maintenance and service program consisting of one site visit per week, utilizing a two-man crew (Foreman & Technician). Aquatic Environments shall supply all necessary labor, materials, equipment, and technical advice in providing a weekly service for the Water Feature. These services shall include the following: * Inspect fountain pump equipment. * Thoroughly brush down and remove debris from water feature and pump enclosure. * AdjustlReset Timer and Time Clock as necessary. * Inspect auto-fill assembly (adjust as necessary). * Inspect returns, and lights (if applicable) for correct operation. * Continuously remove water marks (after initial cleaning & polishing). * Perform standard water quality tests; Alkalinity, Chlorine, Hardness & pH. * Chemically balance feature to reduce water quality problems & avoid further degradation to feature (tile, concrete) and equipment. * Repair and or make minor adjustments to mechanical equipment and aesthetic features on the fountain. * Documentation of service and recommendations (including upcoming cleaning or service events) as needed. * Report to management representative, both upon arrival and departure of service, as well as to the status of the feature. Town of:riburon Water Featurelas detaBed abovel: 1- 450.00/montb* ":.4ny work required beyond the above services will be in addition to the maintenance agreement and on a "Time and Material Basis" Date cJ.,;{J'.,tl7 Acceptance Town ofTiburon Representative Miscellaneous Pricing for Other Services: For all services, we utilize a 24-hour phone service (510-406-0784 or 510-406- 3473) for immediate response. Hourly Rates for Service: General Maintenance Service (Business Hours) Mechanical Services (Business Hours) Qualified Electrical Services (Business Hours) 24-Hour Emergency Service Response* $85.001Hr. $92.001Hr. $ 125.00/Hr. $155.00/Hr. ACORD", CERTIFICATE OF LIABILITY NSURANCE PRODUCER California Insurance Center CA Lie. # 0423393 3697 Mt. Diablo Blvd., #300 Lafayette CA 94549 Phone:925-299-1112 Fax: 925-299-0328 INSURED ~atic Environments, ~nc. P.O. Box 1406 Alamo CA 94507 COVERAGES HIS CERTIFICATE IS ISSUED AS A TE OF N 0 ONL Y AND CONFERS NO RIGHtrS U~&~Itt~_C_EIUIFlCATE HOLDER. THIS CERTIFICATE DOES 1"ftI11'~~ORKS AL TER TH E COVERAGE AFFORDED BY T~JefEllEl:l.lRraW. INSURERS AFFORDING COVERAGE NAIC# 24856 22314 INSURER A. INSURER B: INSURER C INSURER D INSURER E Admiral Xnsurance Company RaUl Indemnity Company Golden &:aqle Inaw:anc. Co~. 'l'a:avelers Property C..Wll ty 19038 35076 state COIIlpensati.on Insurance THE POLICIES JF INSURA.NCE LISTED BELOW HAvE BEEN ISSUE: TO THE I\SU:;ED N.'\MED ABOVE FOR THE POliCY PERIOD II\!DICAED. NO'NrrHSTANDING .t.NY REQUIREMEI\ T, -ERM 0:; CONDITION OF ANY :ONTRACT:R OTHER DOCU'vlENT './'I TH RESPECT TO \"vHICH rilS C:::R-IFICAE MAY B::: SS\!JED OR vlAY PERTAII\!, THE INSIJI"ANCE AFORCED BY T -E POJCIES :ES:::RIBEJ I-ER:::I\J S SU::~ECT Te .ll.LL THE TER'vlS EXClUS 0\15 #JD COI\!:'1TI0NS OF S_CH ::OL C ES. AGGREGAE LIMITS Sl-O'./IfN r..;,t..Y HAVE BEEN RE:UCED BY P.il.!: :LA MS I"'''''' NSRD POLICY NUMBER DATE (MNiDONYr -Dk~ (MMlDD1YY) LIMITS LTR TYPE OF INSURANCE GENERAl UABILlTY EJt\CH OC:URREr\!::E 51,000,000 - A X X COMME~CI,t..L GEJ\ER./l.L -IA::ILI-Y CAOOOOO0944-06 09/01/06 09/01/07 UAMAIJt::~ IV 'CI~I<:'-' 5 50,000 PRE/l.1ISE8 lEa occurence) - ~ CANS MilDE ~ OCCUR ME) EXP (Anyone r:;erson) 5 ExclUded - X Herbicide/Pestici PERSONil.L & AD'V INJURY 51,000,000 - X $5000 Deductible GEto.ERAL AGGREGATE 52,000,000 - GENl .ll.G(;REG,t..TE LlMrr APP -IES PER PROOU:TS - COMP/OP AGG 52,000,000 t P:LlCV X ~~8T nL:C AUTOMOBILE LIABILITY CO\tlB NED SINGLE L MI- - 51,000,000 C A.'JY AUTC BA9880845 09/01/06 09/01./07 (Ea a~~ident) - Ad OWNED AUTO:;: BOC1- Y IN.JJRY r--- 5 X S:HEJULED ,t..UT::S (Per person; r--- X HIRED AUT:S BOeD INJJP.Y r-- 5 X t\J::N-O'IINED AUTOS (Per accicEint) f--- r-- PROPERTY OA \AAGE 5 (Per aceicent) GARAGE LIABILITY AUTC UJL Y - ::k AC: I :oEr\!T 5 R A.'~Y AUTC O~:::R THA \J E.ll.ACC 5 AUK CNL y' A3G S EXCESS/UMBRELLA LIABILITY E.ACH OC::URREN:'E S 1,000,000 B [!J OCCJR ~ CLAIMS MA::E NHA217146 09/01/06 09/01/07 AGGRE3ATE 51,000,000 5 R DEDUCIBLE 5 R::TENTION S S WORKERS COMPENSATION AND IT61\t:i;l~i I I~~~- El\APLOYERS' LIABILITY ,1t\ Y PR:PRIEDR,PA"TNE:;/::.l'.ECU-IVE E L EA::H ACCIDENT S OFFICE~IVErv1BER EXCL_DED? EL DISE/l.SE - EA EM:::LOiEE S If yes. ,j33~'ite Jnder EL DISE/l.SE - POLICY L1M 1 S SFECIAl P::;O'JISIOI\S tel,'...... OTHER D I.H. Policy QT6608302B99ATXL06 09/01/06 09/01i07 Rental Eq $100,000 $1.000 ded. Misc. Eq. $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHClES I EXCLUSIONS ADDED BY 6'lDORSEMENT I SPECIAL PROVISIONS Per CG20100704 Town of TiburoD is named as additional iDsured as :respects General Liability, Re: Pools, Above Ground & Landscape Gardening CERTIFICATE HOLDER CANCELLATION TOmO!'T SHOULD ANY OF THE ABOVE DESCRlBEDiPOLlCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABLIlY OF'ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RESE Town of Tiburon 1505 Tiburon Blvd. Tiburon CA 94920 ACORD 25 (2001108) MAR-05-200706:17PM From: 9252990328 , @ACORD CORPORATION 1988 1D: Page:002 R=90% IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend: extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) MAR-05-200706:18PM From: 9252990328 ID: Page:003 R=90% POLICY NO: CA000000944-06 CG20 10 0704 Effective Date 09101/06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION C01'Th..1ERCIAL GENERAL LIABILITY COv'ERAGE P/\RT This endorsem ent modifies iru."'1lrance provided under the following: SCHEDULE Name of Additional Insured Pel'Son(s) Or Organization(s): Location(s) of Covered Operations Town ofTiburon Pools, Above Ground & Landscape Gardening 1505 Tiburon Blvd. Tiburon, CA 94920 Infonnation required to complete this Schedule, if not shown above, ~till be shown in the Declarations. A. Section D - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only \vith respect to liability for "bodily injury", "property darnag::" or "personal and advertising injury" caused., in whole or in part, by: I. Y our acts or omissions: or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: CG20 100704 This insurance does not apply to "bodily injury" or ''property damage" occwring after: 1. All work, including materials, parts or equipment furnished in cormectio~ ""ith such work, on the project (other than service, maintenance or repairs) to be performed by or (m behalf of the additional insured(s) at the locati(m of the cover::d operations has been completed~ or 2. That portion of "your work" out of ,o\'hich the injury or damage arises has been put to its intended use by any person or organization other than another contractor or ~1ibcontr~ctor engaged in performing operations for a principal as a part of the same project. C> ISO Properties, Inc., 2004 Page 1 of 1 MAR-05-2007 06:25PM From: 9252990328 10: Page:002 R=90% CERTHOLDER COpy NB STATE COMPENSATION INSURANCE FUND P.o BOX 420807, SAN FRANCISCO,CA 94142.-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-05-2007 GROUP: OOOS 18 POLICY NUMBER: 0000275-2006 CERTIFICATE ID: 1as CERTIFICATE EXPI~ES: 07:"'01-2007 07-01-2006/07-01-2007 TOWN OF TIBURON 1505 TrBURON BLVD BELVEDERE TIBURON CA 94920-2530 NB This is to certify that we have issued a valid Vv'ork..er:s' Compensation insurance policy in a ~orm approved b'{ the ~alifornia InS'Jrance Commissioner to the amp oyer named below "or the policy period indicated Th S POiiC',i is not subject to cancellation bv the Fund except L<pon30 days advance writen nottice to the empbver. We will also give you 30 days advance notice should this pOlicy be cancelied prior to its normal expiration. This cer:ificate of insurance is not an insurance policy and does not amend, extend or alter the: coverage afforded oy the policy fisted he rei r'1. Notwithstanding any requ'remant, term or condition of any contrtict or other document witn res~ect to which this certi"icate of irsurarce may be iss;,;ed or to which it may pertain, t~e insurance afforded by the policy described herein is subject to ail the terms, exclusions, and co.,~itions, of such policy. d::RE'~ EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE ~ P=1ESIDENT COSTS: $1.000,000 PER OCCURRENCE. ENDORSEMENT #1600 - GEORGE FORNI p.S T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER AQUATIC ENVrRONNENTS. rNC PO BOX 1406 ALAMO CA 94507 NB ~REV. 2-csl PRINTED IB16.NB] 03-05-2007 MAR-05-2007 06:21PM From: 9252990328 IO: Page:002 R=90%