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NYE COUNTY AGENDA INFORMATION FORM a Action a Presentation Presentation & Action II Department: Natural Resources Office Category: June 5,2007 Contact: Dr

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NYE COUNTY AGENDA INFORMATION FORM a Action a Presentation Presentation & Action II Department: Natural Resources Office Category: June 5,2007 Contact: Dr NYE COUNTY AGENDA INFORMATION FORM a Action a Presentation Presentation & Action II Department: Natural Resources Office Category: June 5,2007 Contact: Dr. James Marble Phone: 482-7238 Continued from meeting of: Return to: Natural Resources Office I Location: Tonopah Phone: 482-7238 -- Action requested: (Include what, with whom, when, where, why, how much ($) and terms) Approval of a service contract for BYU to conduct integrated geophysical investigations of shallow groundwater conditions near Ash Meadows, Nevada. Funding for this work is provided by a federal earmark grant through the National Nuclear Security Administration of the US Department of Energy. Funds are approved and currently available. Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, hture goals, obtained by competitive bid, accountability measures) Nye County has received federal funding approved to conduct a Groundwater Evaluation in hydrographic basins in southern Nye County. The proposed work will focus on two Nye County objectives: 1) determine the best method(s) for surface geophysical estimation of depth to shallow groundwater near the Ash Meadows National Wildlife Rehge (AMNWR), and 2) investigate the geologic framework of the shallow subsurface across the Gravity Fault near the AMNWR. Work Element 1 of the approved work plan includes water resources characterization and monitoring of groundwater in the Pahrump Valley and Amargosa Desert, respectively. The geophysical survey work by BYU will further quantify the water resources in Amargosa Desert and the potential impacts of existing and future water withdrawals with respect to Devils Hole, existing water users in the basin, and future water development activities. It is proposed that this professional service contract be awarded without competition. The justification for this award is based on previously demonstrated technical expertise, years of experience with the EWDP performing similar activities in southern Nye County (more than 7 years), the ability to conduct the work within the stringent project schedule, the lack of available geophysical contractors because of increased demand in the oil and minerals sectors, BYU's successful performance of similar tasks, cost considerations (the use of graduate students rather than consultants), and the need to continue to support ongoing work. Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Exvenditure Impact by FY(s): (Provide detail on Financial Form) No financial impact Routing & Approval (Sign & Date) 1. Dept Date 1 6. Date 2. Date 7. HR Date 3. Date 8. Legal Date 4. Date 9. Finance Date 5. Date 10. County Manager . .- Board of County Commissioners Action D Disapproved LI Amended as follows: Clerk of the Board Date - , Professional Services A~reement THIS PROFESSIONAL SERVTCES AGREEMENT is made and entered into this 5" day of June 2007, by and between the COUNTY OF NYE, NEVADA, P.O. Box 153, Tonopah, Nevada 89049 ("County"), and Brigham Young University, A-285 ASB, PO Box 2123 lProvo, UT 84602-1231 ("Contractor"). WITNESSETH: WHEREAS,the Nye County Board of Commissioners ("Board"), has determined that it is important that the County evaluate and defme the waier resources in southern Nye County in order to benefit the health, welfare and the general well being of the County's residents; and WHEREAS,the Board has determined that it is important to characterize the ground water quality in the Pahump Valley and water chemistry in the Amargosa Desert; and WHEREAS,the County has received fimding to implement the evaluation of groundwater resources in southern Nye County (the Project); and WHEFEAS, the County desires to let, coordinate and monitor contracts in order to further the implementation of the Project; and WHEREAS,the County is desirous of employing the Contractor to provide certain consulting services and other professional tasks on behalf of the County in furtherance of the Project, and Contractor is qualified and desires to provide said support, Now, THEREFORE,in consideration of the agreements herein made, the parties mutually agree as follows: -OF 4 ORIGINALS 07-0605 BYU CO~RACT.DOC 1. SCOPE OF WORK. 1.1. Generally. Determine the best method (s) for geophysical estimation of depth to saturation at Ash Meadows. The Contractor will receive direction from the Director of the Natural Resources Office ("Department") or designated representative. The Contractor will investigate the geologic framework of the shallow sub-surface at and around the Gravity Fault. 1.2. Specifically. The Contractor will Establish a test bed@)at Ash meadows where methods to be tested can be calibrated against known depth to water. Conduct a seismic reflection survey across the step gravity gradient matching the Gravity Fault. Complete dl.of the activities described in the document entitled Scope of Work and Budget, attached hereto and incorporated herein as Exhibit "A". 2. PROVISION OF SERVICES. The parties agree that the Principal Investigator for the Contractor will be John H. McBride Ph.D., Stephen T. Nelson Ph.D., Alan L. Mayo Ph.D. Dept of Geological Sciences, W. Spencer Guthrie, Ph.D. Dept of Civil and Environmental Engineering; however, the Contractor may assign other employees or agents of the Contractor to carry out some or all of the Services under this Professional Services Agreement, but in such case, the Principal Investigator will be responsible for the supervision and performance of those employees and agents. 3. TERM AND EXTENSIONS. Except as hereafter provided, the Contractor shall commence performance of this Professional Services Agreement on July 1,2007, and shall complete the Services, as described in Section 1, to the satisfaction of the County by June 15, 2008, unless a written extension is granted by the County. 4. COMPENSATION. 4.1. As and for compensation for the performance of the Services as described herein, inclusive of all professional fees and expenses, the County shall pay the Contractor not more than Ninety Eight Thousand Dollars ($97,13 7.00). 4.2. Contractor's compensation shall be paid to him in twelve (12) e ual installments of Eight Thousand and ninety four dollars ($8,094.50), due on or before the 15z day of each month, beginning in July 1,2007 and ending on June 15,2008. 4.3. On or before the 15th of each month of the term of this Professional Services Agreement, Contractor shall submit a monthly report on progress made during the previous month, including a brief synopsis of the tasks undertaken and/or completed during that period. 4.4. The Contractor agrees that, upon receipt of monies from the County based upon a claim against the County for payment under this Professional Services Agreement, monies due 07-0605 BYU CONTRACT.DOC PAGE2 OF 24 and owing to employees, sub-contractors, and others under that claim will be paid to those employees, sub-contractors, and others forthwith. Failure to do so constitutes a material breach of this Professional Services Agreement. The County reserves the right to make out reimbursement checks with Contractor md its sub- contractors as joint payees if the County determines that it is in its best interests to do so. 5. INDEPENDENT CONTRACTOR. The parties agree that Contractor, including any of Contractor's employees, agents, or sub-contractors, is an independent Contractor and that the Contractor is not a County employee or agent of the County, and, further, there shall be no: 5.1. Withholding of income taxes by the County; 5.2. Industrial insurance coverage provided by the County; 5.3. Participation in group insurance plans which may be available to employees of the County; 5.4. Participation or contributions by either the independent Contractor or the County to the public employees retirement system on behalf of the Contractor or his employees, agents, or subcontractors; 5.5. Accumulation of vacation or sick leave; or 5.6. Unemployment compensation coverage provided by the County. 6. TRANSFER OR ASSIGNMENT. The parties hereto expressly agree that this Professional Services Agreement is a personal services contract, dependent upon the unique qualifications and abilities of Contractor. The Contractor agrees that there shall be no transfers or assignment of, or participation in this Professional Services Agreement granted to any third party without written consent from the County. INDEMNIFICATION AND PROOF OF INSURANCE. 7.1. The Contractor agrees to indemnify the County to the extent limited in accordance with NRS 41.0305 to 41.039. Contractor shall assert the defense of sovereign immunity as appropriate in all cases, including malpractice and indemnity action. 7.2. The County agrees to fully exonerate, indemnify and save Contractor harmless fiom and against all claims or actions, based upon or arising out of damage or injury (including death) to persons or property cawed by andor sustained in connection with County's performance under this Professional Services Agreement or by conditions created thereby, and further agrees, if requested by Contractor, to assume without expense to Contractor, the defense of any such claims or actions, unless such damage or injury was caused by Contractor's actions. 07-0605 BYU CONTRACT.DOC PAGE3 OF 24 7.3. Contractor shall secure and maintain throughout the term of this Professional Services Agreement vehicle liability insurance as required by law and in accord with the limits set forth in NRS 41.035 for each vehicle used to carry out this Professional Services Agreement. 7.4. If Contractor has any employees who perform work under this Professional Services Agreement, Contractor shall secure and maintain throughout the term of this Professional Services Agreement workers' compensation insurance in the amount required by Nevada or other applicable state for each employee who performs such work.
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