HomeMy WebLinkAboutAgr 1993-03-02 (Miller Pacific)-7
P A C I F I C
ENGINEERING
G R O U P
AGREEMENT FOR PROFESSIONAL SERVICES
MILLER PACIFIC ENGINEERING GROUP (MPEG), a California Corporation, and,
Name: Town of Tiburon (CLIENT)
Address: 1155 Tiburon Blvd.
Tiburon, California
Attn: Stan Bala
AGREE that MPEG will provide to CLIENT Geotechnical Engineering services, under MPEG's
General Conditions, and Schedule of Charges as follows:
PROJECT LOCATION: Martha Company Property
Paradise Drive at end of Mountain View Drive
SCOPE OF WORK: Geotechnical review for Town of Tiburon
REF: General Conditions, Schedule of Charges
DATE MPE
aL~:~-
Euge e . Miller, President
DATE ~2 CLIENT
M I L L E R
P A C I F I C
ENGINEERING
MILLER PACIFIC ENGINEERING GROUP G R o u P
GENERAL CONDITIONS
1.0 CHARGES Unless otherwise agreed, charges will be determined on a time and expense basis in accordance with
MPEG's current Schedule of Charges. Such schedule is subject to revision annually and other times without notice to
Client.
20 INVOICES will be submitted every two weeks, or four week accounting period, at the end of a project phase or
assignment as elected by MPEG. Invoices are due and payable upon presentation. All accounts not paid within 30 days
of the invoice date may be subject to a finance charge of 1.5% per four week accounting period, or the maximum rate
allowed under applicable law whichever is less. MPEG reserves the right to cease work, withdraw reports, and file liens
on property where accounts are past due.
3.0 SITE ACCESS and UNDERGROUND OBSTRUCTIONS Client will furnish right-of-entry to the project site as
necessary for exploration, surveys and other services. MPEG will take reasonable precautions to minimize property
disruption and damage however some disruption and damage is often unavoidable. MPEG is not liable for nor does
MPEG's fee estimate include full restoration of such property unless explicitly itemized in the agreement. Where
appropriate, MPEG will request utility companies to locate off-site utility lines. Client shall indicate the location of all utilities
and underground structures within the property. Client agrees to hold MPEG harmless for damage to utilities and/or
underground structures not correctly located.
4.0 HAZARDOUS MATERIALS and OTHER EXCLUSIONS This agreement specifically excludes and MPEG specifically
disclaims and is discharged from any responsibility or liability for all direct or indirect loss or harm resulting from the
presence, failure to discover, interception, escape or discharge of hazardous or toxic material of any kind including
contamination of soil, water, air or other property as a result thereof. This exclusion extends, but is not limited, to all
exploration, testing, analysis and recommendations made by MPEG. Unless specified in the written scope of work the
observation, testing and approval of steel, concrete, and asphalt and other construction materials, and establishing
construction lines and grades and other surveying is also excluded from MPEG's scope of work, responsibility and liability
therefore.
5.0 STANDARD OF CARE Services provided by MPEG will be consistent with the ordinary level of care and skill
exercised by members of the profession practicing geotechnical engineering under similar conditions, in the same locality
and at the same time. There is no other warranty either express or implied. The client recognizes that subsurface
conditions may vary and that data and interpretations made by MPEG are based solely on information available to MPEG.
MPEG is not responsible for interpretations or use by others of information developed by MPEG.
6.0 INSURANCE and UMfTATION OF LIABILITY MPEG maintains General Liability Insurance and depending on
availability and affordability intends, but is not bound, to maintain Professional Liability Insurance. Such insurance is for
the sole benefit of MPEG and does not cover the Client nor the project. Client recognizes the inherent risk of claims
associated with the services provided by MPEG and therefore agrees (a) to limit MPEG's liability to Client for professional
negligence, errors or omissions or breach of this Agreement, such that the total aggregate liability of MPEG shall not
exceed the amount of fees paid MPEG for this project, or $20,000 whichever is greater, (b) to compensate MPEG for time
and expenses incurred by MPEG in defense of claims except for claims arising out of MPEG's sole negligence and (c) to
defend, indemnify and hold harmless MPEG and its employees against claims related to hazardous or toxic materials and
from contractors, subcontractors and others arising from services under this agreement except for claims arising out of
MPEG's sole negligence.
7.0 JOB SITE SAFETY Client agrees that construction job site safety, superintendence of the contractor's, workmen and
equipment, excavation stability, is solely the contractor's responsibility and is specifically excluded from MPEG's
responsibility or liability.
8.0 OWNERSHIP OF MATERIALS All samples obtained by MPEG are and remain property of the client, and unless
otherwise directed, all such samples may be discarded by MPEG 30 days after performance of tests or submittal of the
report for which they were obtained, or termination of services. All records, field and laboratory data, analysis, designs,
reports, letters and other documents prepared by MPEG are instruments of service and remain the property of MPEG.
9.0 DISPUTES If a dispute arises out of or related to this contract or its alledged breach, and if the dispute cannot be
settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by
mediation through the Judicial Arbitration and Mediation Service, San Francisco with each party paying an equal share
of the cost thereof.
sTOGENCON.12/91
1.1 l L L G R
P A C I F I C
ENGINEERING
n a n II P
MILLER PACIFIC ENGINEERING GROUP
SERVICES IN THE GEOSCIENCES
SCHEDULE OF CHARGES
(EFFECTIVE JANUARY 1, 1980)
Professional Engineering and Geological Consulting Service
Professional Personnel (Engineer or Geologist)* Hourly Rate
Staff $ 58
Project 68
Senior 78
Associates 88
Principal $110
Technical Personnel*
Jr. Technician, Jr. Drafter $ 36
Technician, Drafter $ 48
Senior Technician, Field Supervisor $ 58
Administrative Personnel
(for directly project related work)
Word Processor, Project Clerical $ 32
Other Inside Charges
Travel time, normal hourly rates
Mileage (Administrative) 0.40 per mile
Vehicle (field) $ 8 per hour
Nuclear Density gage $ 8 per test
Micro Computer Program charge + 20 per hr.
FAX (send or receive) $ 2 per page
Outside Services Cost + 15%
Rental of exploration equipment, photography, public transportation, per
diem, shipping, courier/delivery services, long distance telephone,
outside reproduction, and other services and supplies not normally
provided.
* NOTE:
1. Field site visits, 2 hour minimum. Travel time is portal to portal.
2. Overtime premium for weekday and Saturday is $15/hr, for Sunday and
Holiday is $25/hr.
3. Rates are for normal Geotechnical Engineering and Geological services.
Normal rates for depositions and testimony are $700 per half day or any
part thereof.
SCHEDCHG.GEN