Loading...
HomeMy WebLinkAboutAgr 2004-07-06 (Environmental Resource Group) AGREEMENT FOR PROFESSIONAL SERVICES - IRRIGATION WELL FEASffiILITY STUDY THIS AGREEMENT, made and entered this (, day of ~~~ ,2004, by and between the TOWN OF TIBURON, a political subdivision of the State~ia,hereinaftercalled "Town," and Environmental Resource Group, Inc., hereinafter referred to as "Consultant," RECITALS A. The Town requires geological services pertaining to irrigation well feasibility that cannot be provided by the Town's in-house staff and therefore wishes to engage a qualified independent consulting firm to provide such services. B. Consultant has the skill, experience, ability, background, certification and knowledge to provide the Town with advisory services. C. The parties wish to contract for the Consultant to provide advisory services to the Town as provided herein. AGREEMENT 1. Scope of Consultant Services. Consultant shall provide the analysis and work product set forth in Consultant's proposal dated March 2, 2004, which is attached hereto as Exhibit 1 and incorporated herein by reference ("Services"). 2. Compensation Consultant's compensationfor the Services shall be as set forth in Exhibit 1. After completion of the Services, Consultant shall submit an itemized invoice showing work actually completed in a manner acceptable to the Town. Payments shall be due thirty days after submission of said invoice. 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 any negligent or intentional 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 contractor 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. PowerMac G3: Users:powermacg3:Library:Mai/:POP- ergroup@earthlink#292A8.net:INBOXmbox: agreement. mimeattach: Prof Services, Black# 79287. doc 1 5. Attendance at Hearings. If requested by the Town Engineer, Consultant shall have appropriate personnel appear at litigation and/or administrative hearings that pertain to the Project. Town shall reimburse Consultant for such appearance(s) at the hourly rate normally applicable for such personnel. 6. Audit of Books and Re~ords. 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. 7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as an additional insured to all required insurance policies: A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. B. Comprehensive Automobile Liability: Combined single limit of $1 ,000,000 for each single occurrence and $2,000,000 annual aggregate. C. Architects & Engineers Professional Liability: Combined single limit of$l ,000,000 for each single occurrence and $2,000,000 annual aggregate. 8. Ownership of Documents: Re-Use: Indemnity. All documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the Project. Any such re-use by Town without specific written approval by Consultant shall be at Town's sole risk. Town shall indemnify and hold Consultant harmless from all claims, losses, damages and expenses, including attorneys fees, which may arise from Town's unauthorized re-use of said documents for another project or for any expansion of the Project. 9. 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 immediately comply 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, T own 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 PowerMac G3: Users:powermacg3:Library:Mail:POP- ergroup@earthlink#292A8.net:INBOXmbox: agreement. mimeattach: Prof Services, Black# 79287. doc ? appropriate. 10. 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. 11. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice 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. 12. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit 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. 13. Interest of Consultant. Consultant covenants and represents that he does not have any economic interest and shall not acquire any economic interest, direct or indirect, in the area covered by this Agreement that would be affected in any manner or degree by the performance of the Services. Consultant further covenants and represents that in the performance of its duties, no person having any such interest shall perform any services under this Agreement. Consultant will comply with the Town's Conflict of Interest code. 14. Miscellaneous. A. Other Contract Provisions. Other contract provisions are set forth in Exhibit 1. To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shall prevail. B. Governing Laws: venue. The laws of the State of California shall govern his Agreement. In the event of any dispute arising from this agreement, Marin County shall be the venue for adjudicating 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 interestto both parties. Neither party may assign their obligations PowerMac G 3: Us ers:powermacg3 : Library: Mail: POP- ergroup@earthlink#292A8.net:INBOXmbox: agreement. mimeattach: Prof Services, Black# 79287. doc 1 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. ENVIRONMENTAL RESOURCE GROUP, INC. TOWN By: ~~~ By: APPROVED AS TO FORM: %~ ANN R. DANFORTH Town Attorney -----. PowerMac G3: Users:powermacg3:Library:Mail:POP- ergroup@earthlink#292A8.net: IN BOX mbox: agreement. mimeattach: Prof Services, Black# 79287. doc 4 , ~~,~<{~~<, ~ :1 "--~...) t\(''\r'\-' "",,- t :....-- ",' Environmental Resource Group ~OtA"lj Le~.. 1038 Redwood Hwy., Ste. 1 Mill Valley, CA 94941 Tel: (415) 381-6574 Fax: (415) 381-6320 March 2, 2004 Pat Echols Director of Public Works / Town of Tiburon 1505 Tibtiron BouleVato Tiburon, CA 94920 Subject: Proposal to Install and Test a Ground Water Production Well Blackies Pasture, Tiburon, California Dear Mr. Echols Pursuant to your request, Environmental Resource Group, Inc. (ERG) has prepared this proposal to characterize ground water resources beneath Blackies Pasture in Tiburon, California. The Town of Tiburon is interested in developing the ground water resources beneath Blackies Pasture as a source of irrigation for the local landscape. Based on our conversations, approximately 500 gallons per day are required for irrigation. ERG recently completed an assessment of existing literature describing the geologic conditions beneath Blackies Pasture (February 9,2004). The existing data indicate that the shallow geologic materials at Blackies Pasture consist of alluvium and or artificial fill that contain sand and gravel, which may readily yield ground water. The Town of Tiburon requested ERG to propose an investigation to characterize actual conditions beneath Blackies Pasture. This proposal represents a departure from the originally envisioned Task 2 (ERG, October 2003). The originally envisioned Task 2 focused on characterizing the actual ground water and geologic conditions beneath Blackies Pasture, and based on the Task 2 results a ground water production well would be designed and installed if the ground water resources were determined to be suitable. The proposal provided here is a lower cost and higher risk alternative to the original Task 2 approach. Instead of a site characterization effort, the scope of work proposed here will install and test a production well in the vicinity of the location where the Town of Tiburon would consider constructing a ground water well and water storage tank. The higher risk is associated with incurring well construction costs without the benefit of site specific geologic data. Accordingly, the location selected may prove to be acceptable or possibly unsuitable due to poor ground water quality and/or quantity. \D) ~~~~W~ ~ m1 MAR 0 3 2004 DIRECTOR OF PUBLIC WORKS TOWN OF TIBURON Mr. PatEchols March 2,2004 Page 2 of2 Proposed Scope of Work Based on the findings, the geologic materials beneath Blackies Pasture have potential to yield ground water. The objective of this investigation is to install and test a ground water production well. The well will be located according to the Town of Tiburon's preference with adjustments suggested by ERG based on the known and anticipated hydrogeologic conditions. Step L Install one-production well to potentially serveas-the-irrigation supply well. Step 2. Perform' a slug-test in the pumping test well to initially assess hydraulic characteristics. Use the slug test data to design and implement an 8 hour well drawdown test. The test will measure well yield and efficiency and changes in water quality over pumping time interval. Estimates of hydraulic conductivity will be generated based on the test data. Step 3. Prepare a technical report that presents and analyzes the data. The report will provide conclusions and recommendations regarding the development of ground water resources. ESTIMATE COSTS AND SCHEDULE The estimated cost to perform the work proposed above is $12,920.00. The estimated time to complete the proposed work is 6 weeks. We appreciate the opportunity to assist you and the Town of Tiburon on this project. ERG is prepared to begin work on the items recommended above. Please call us at 415 381 6574 (office) with your questions and comments. Sincerely, ~.id Ben Vv7ells President Steven 1. Michelson, R. G. Principal Geologist Environmental Resource Group Characterize Ground Water Resources Cost Estimate TIBURON - BLACKIES PASTURE Task Description Quan tity Unit Unit Price Cost Step 1 Well and Equipment Installation $5,990 -EW- 8- - -Hours $100 ----- ---- $800---- -- SIM 8 Hours $125 $1,000 Donal 0 Hours $65 $0 Drafter 0 Hours $75 $0 Driller 1 Days $3,500 $3,500 Laboratory 0 Samples $0 $0 Permits 1 Permit $300 $300 Misc .., Misc $100 $300 -' Administrative 2 Hours $45 $90 Step 2 Well Pumping Test $3,280 BW 8 Hours $100 $800 SIM 8 Hours $125 $1 ,000 Donal 12 Hours $65 $780 Drafter 0 Hours $75 $0 Driller 0 Hours $75 $0 Laboratory 4 Hours $50 $200 Permits 0 Hours $300 $0 Mise 5 Misc $100 $500 Administrative 3 Hours $45 $135 Step 3 Data Analysis and Report $3,650 BW 4 Hours $100 $400 SIM 20 Hours $125 $2,500 Donal 4 Hours $65 $260 Drafter 4 Hours $75 $300 Misc 1 Mise $100 $100 Adlninistrative 2 Hours $45 $90 TOT.AL ESTIMATED COST $ 12,920 Environmental Resource Group, Inc. BC ENVIRONMENTAL INS. BROKERS INC 1037 SUNCAST LANE, SUITE 103 EL DORADO HILLS, CA 95762 I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A ENVIRONMENTAL RESOURCE GROUP 1038 REDWOOD HWY., SUITE 1 MILL VALLEY, CA 94941 COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYV) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG CLAIMS MADE [i] OCCUR PERSONAL & ADV INJURY A OWNER'S & CONTRACTOR'S PROT FEC5101755 05/03/04 05/03/05 EACH OCCURRENCE FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) COMBINED SINGLE LIMIT BODILY INJURY $ (Per person) A FEC5101755 05/03/04 05/03/05 BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY $ B THE PROPRIETOR! SEE ATTACHED EL DISEASE - POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERA TlONS/LOCA TlONSNEHICLES/SPECIAL ITEMS THE TOWN OF TIBURON, ITS OFFICIALS, EMPLOYEES AND AGENTS HAVE BEEN NAMED AS ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY AND AUTO LIABILITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TOWN OF TIBURON, ITS OFFICIALS, EMPLOYEES AND AGENTS DEPARTMENT OF PUBLIC WORKS 1505 TIBURON BLVD. TIBURON, CA 94920 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL -3G- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~" HUDSON ~ INSURANCETM Endorsement Number: 1 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZA TION This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Town of Tiburon, It's Officials, Employees and Agents 1505 Tiburon Blvd. Tiburon, CA 94920 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984