The URL can be used to link to this page

Home My WebLink AboutAgr 2006-04-12 (CSW Stuber/Stroeh) AGREEMENT FOR PROFESSIONAL SERVICES En!!ineerin!! Analvsis of Paradise Drive ~ THIS AGREEMENT, made and entered this l2..dayof Ate") } ,2006, by and between the TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "To~" and CSW/STUBER-STROEH Engineering Group, a California corporation, hereinafter referred to as "Consultant, " RECITALS A. The Town is considering assuming jurisdiction of a portion of Paradise Drive, located between the Town limits of Corte Madera and Agreste Avenue ("Roadway"). The Town desires to retain a qualified professional to analyze the condition of the Roadway and foreseeable necessary improvements. B. Consultant is a fully qualified engineering firm, and possesses all necessary expertise, licenses and credentials to perform the analysis of the Roadway. Accordingly, the parties wish to contract for the Consultant to provide the Services as set forth herein. AGREEMENT 1. Scope of Consultant Services. Consuhant shall perform those tasks set forth in the Scope of Services described in the Consultant's Proposal for Services ("Exhibit A") ("Services"). Any additional Services must be authorized by the Town in writing. 2. Compensation. Town shall reimburse Consultant for the Services at the rates set forth The Hourly Rates and Billing Policy schedule set forth in Exhibit B. Consultant shall submit monthly invoices for payment based on the percentage of Services completed. All invoices shall be paid within 30 days of submission to the Town. Notwithstanding anything in this Agreement to the contrary, Consultant's total compensation shall not exceed $18,000 without a written amendment to this Agreement. 3. Time of Performance. Consultant shall complete performance of the Services within 90 days of the effective date of this Agreement. 4. 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 (collectively, "Claims and Losses") to the extent that such Claims and Losses arise from Consultant's negligence or willful misconduct in performing the Services pursuant to this Agreement. In the event that other parties are found to share responsibility for the Claims and Losses due to their negligence or 1 ~51L{ willful misconduct, Consultant's liability under this paragraph shall not exceed its proportionate share of responsibility for the Claims and Losses relative to such other parties. 5. 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. 6. 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. 7. Insurance. Consultant shall maintain insurance as set forth below. A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. B. Comprehensive Automobile Liability: Combined single limit of$l,OOO,OOO for each single occurrence for bodily injury and property damages; $2,000,000 annual aggregate. C. Engineers Professional Liability: For an amount of at least $1,000,000 on a claims made basis. D. Workers' Compensation Coverage: As required by the laws of the State of California. E. The insurance required under paragraphs A and B, above, shall be endorsed with language covering the T o~ its officials, officers, employees, agents and volunteers. Such coverage shall be primary, non-contributory insurance to the To~ its officials, officers and employees and shall act as though a separate policy had been written for each. Any failure to comply with the reporting requirements of the policies shall not affect coverage provided to the To~ its officials, officers and employees. F. The insurance required by this Paragraph shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty days written notice has been received by the Town. . G. Evidence of compliance with the insurance and endorsement requirements of this Paragraph shall be subject to the approval of the Town Attorney. 8. Ownership of Documents. All plans, studies, documents and other writings prepared for and by Consultant, its officers, employees and agents and subcontractors in the course of performing the Services shall be the property of Town and Town shall have the sole right to use such materials in its discretion without further compensation to Company or to any other party. Consultant shall, upon request, provide such materials to Town. Unless otherwise provided in Exhibit A, this paragraph shall not apply to formulae, modes of 2 analyses or other instruments used by Consultant to develop the plans, studies, documents and other writings prepared in the course of performing the Services. Town acknowledges that such documents are prepared for use only in connection with particular projects. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the original project. Any such re- use by Town without specific written approval by Consultant shall be at Town's sole risk. 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, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 11. 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. 10. Delinquency. In the event that a proper invoice remains unpaid for more than 30 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. 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 ofan 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. Dispute Resolution. In the event that a dispute arises between the parties relating to this Agreement, the parties shall attempt in good faith to resolve the dispute through direct negotiation. In the event that direct negotiation is unsuccessful, the parties will attempt to 3 resolve the dispute through mediation. Neither party shall have the right to institute litigation to resolve the dispute until they have tried in good faith to settle the matter through mediation without success. 14. Miscellaneous. A. Other Contract Provisions. Other provisions may be set forth in Exhibit A. To the extent that there are any inconsistencies with such Exhibit and the main body of this Agreement (i.e., Sections 1-15, inclusive), the latter shall prevail. B. Governing Law. The laws of the State of California shall govern this Agreement. The County of Marin shall be the venue for resolving any legal dispute that may arise regarding this Agreement. 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. 15. Exhibits. This Agreement includes the following Exhibit(s), which are attached hereto and incorporated herein by reference: Exhibit A: Proposal from CSW/STUBER-STROEH Engineering Group dated March 10, 2006 Hourly Rates and Billing Policy Exhibit B: 4 IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT CSW/~E}-STROEH ENGINEERING GROUP u-r~~ By: ~.~el1. ' R.C.E. # 27577, Expires 12/31/07 Its: ~Ld'h-l(- TOWN: TOWN OF TmURON ~~~-';}.-6~ Heidi Bigall, Interim Town Manager 5 CSW [St]2 ~~~~~w~~ MAR 1 0 2006 /!!J TEL: (415) 892-4763 FAX: (415) 892-4502 E-Mail: Office@cswst2.com CSW/Stuber-Stroeh Engineering Group, Inc. Engineers · Land Planners · Surveyors · Landscape Architects DIRECTOR OF PUBLIC WORKS TOWN OF TIBURON Date: March 10, 2006 File: 7.772.879 Mr. Dave Bernardi Interim Director of Public Works/Town Engineer Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 RE: PARADISE DRIVE ROADWAY ANALYSIS Dear Dave: CSW/Stuber-Stroeh Engineering Group, Inc. (CSW/St2) would like to thank you for the opportunity to submit this proposal to you for providing engineering services to the Town of Tiburon for the analysis of the current road conditions over a portion of Paradise Drive. We understand that the analysis will include the length of roadway between the Corte Madera Town limits just east of Robin Drive to Agreste Avenue. To assist us in this analysis will be Scott Stephens of Miller-Pacific Engineering. He will provide geotechnical observation and comments. SCOPE OF SERVICES CSW/St2 will provide the following services: 1. Walk the entire length of the project site and record our observations. (CSW/St2 feels that the best means to review the actual conditions will be to walk the length of the site to record needed measurements and analyses, as opposed to drive-by observations.) 2. Record conditions by means of digital photos. 3. Analysis will include evaluations on the following: a. Pavement (surface) b. Signing and striping c. Safety (including any overhanging trees) d. Drainage e. Geotechnical conditions 4. Compile preliminary easement / right-of way information based on mapping (Marin Map) supplied by the Town of Tiburon. 7\Cor\03 -1 0-06. 879 790 De Long Avenue, Novato, California 94945 1310 Redwood Way, Suite 200, Petaluma, California 94954 Mr. Dave Bernardi Interim Director of Public Works/Town Engineer Town of Tiburon March 10,2006 Page 2 CSW [St]2 5. Compile schedule of current conditions and possible roadway, drainage and geotechnical improvements to meet the Town of Tiburon Standard PCI of70. 6. Using mapping supplied by the Town ofTiburon, locate findings of research and record on base map. 7. Prepare an "Opinion of Probable Costs" for the various improvements. 8. Propose subsequent studies to further evaluate the initial assessment of present conditions. 9. Prepare a report summarizing the study and which will include mapping and photos of the proposed improvements. 10. Provide Town of Tiburon ten (10) copies of the final report which will include photos (four per page). FEES CSW/St2 agrees to provide the services described above on a time and expense basis and suggest you allow an initial budget estimate of $18,000 not to be exceeded without prior approval. Reimbursable costs for printing, supplies, travel, and other miscellaneous or incidental expenses will be billed in addition to the fixed shown above in accordance with our Hourly Rates and Billing Policy. If this proposal is acceptable, please sign both copies of the enclosed Work Confirmation and initial each page of the Standard Provisions of Agreement Between Client and Consultant. Please return both complete sets of documents to our office as your authorization to proceed. We will return a signed set to you for your records. Dave, thank you for considering CSW/St2 to assist you in the development of your project. Please do not hesitate to contact us if you have any questions or require additional information. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. acUm~ Al Cornwell DC:vmj Enclosures 7\Cor\03-10-06.879 CSW [St] 2 TEL: (415) 892-4763 FAX: (415) 892-4502 (415) 898-5530 www.cswst2.com CSW jStuber-Stroeh Engineering Group, Inc. Engineers · Land Planners · Surveyors · Landscape Architects HOURLY RATES AND BILLING POLICY Effective May 16,2005 the following hourly rates will be charged for services rendered. (Rates subject to change May 15,2006): ENGINEERING Principal Engineer Manager Senior Engineer Proj ect Engineer V Proj ect Engineer N Proj ect Engineer III Proj ect Engineer II Proj ect Engineer I Engineer V Engineer IV Engineer III Engineer II Engineer I Senior Designer Designer N Designer III Designer II Designer I Technician IV Technician III Technician II Technician I Proj ect Assistant II Proj ect Assistant I HOURLY RATES $160.00 155.00 134.00 - 155.00 134.00 124.00 119.00 111. 00 103.00 106.00 101.00 93.00 83.00 71.00 124.00 97.00 90.00 84.00 73.00 79.00 73.00 71.00 58.00 58.00 53.00 LANDSCAPE ARCIDTECTlJRE Principal Senior Planner Planner V Planner IV Planner III Planner II Planner I Landscape Architect V Landscape Architect IV Landscape .AIchitect III Landscape Architect II Landscape' Architect I Landscape Designer III Landscape Designer II Landscape Designer I ENVIRONMENTAL PLANNING Principal Project Environmental Planner EnvironmnentalPlanner Computer Technician / Trainer $130.00 Expert Witness / Arbitration services are available at a negotiated rate. SURVEYING Survey Supervisor Two-Man Survey Party Three-Man Survey Party Two-Man GPS Survey Party $144.00 $205.00 $285.00 $265.00 Two-Man Survey Party - Overtime / Saturday Two-Man Survey Party - Sunday / Holiday All expenses for transportation will be charged at cost plus service charges at the rate of 10%. HOURLY RATES $160.00 134.00 - 155.00 134.00 124.00 119.00 111.00 103.00 106.00 101.00 94.00 77.00 69.00 85.00 72.00 69.00 HOURLY RATES $160.00 116.00 101.00 $265.00 $330.00 Filing fees, checking fees, prints, and other outside costs will be charged at cost, plus service charges at the rate of 10%. Billing will be monthly. Invoices are due and payable upon presentation; Interest at the rate of 1.5% per month commencing thirty (30) days after invoice date will be charged on delinquent accounts. CSW/Stuber-Stroeh Engineering Group, Inc. reserves the right to suspend work on any project when invoices have not been paid within thirty (30) days after having been rendered. T-TrRo",.-OIi.frm 790 DeLong Avenue, Novato, California 94945 1310 Redwood Way, Suite 200, Petaluma, California 94954 Rev.: 05/04/05 ACORDTM Client#: 54 CSWSTUB j CERTIFICATE OF LIABILITY INSURANC 0 D E( /D 04710/06 THIS CERTIFICATE IS ISSUED A MATTER OF INFORM N ONLY AND CONFERS NO RIG DQ.! THI 'mmTIFI TE HOLDER. THIS CERTIFICATE DOES 'NOt' AtJE'f(Jo';-'t'ftEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFOR~~~L1C WORKS icJwf\J' or:iTBURON INSURER A: Hartford Casualty Insurance CO, INSURER B: United States Fidelity & Guaranty INSURER C: American Automobile Ins. Co. INSURER D: U.S. Specialty Insurance Company PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Stefanie Nardelli INSURED CSW/Stuber-Stroeh Engineering Group Inc 790 De Long Avenue, Suite 1 Novato, CA 94945 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER Pgi!ftl'~~5g~ p~~~J r='::J~~J)$r LIMITS LTR A GENERAL LIABILITY 57SBAL T9745 08/06/05 08/06/06 EACH OCCURRENCE $2 000.000 - X COM M ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $1 000.000 - o CLAIMS MADE W OCCUR MED EXP (Anyone person) $10.000 PERSONAL & ADV INJURY $2.000.000 - - GENERAL AGGREGATE $4.000 000 GEN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS -COMP/OP AGG $4,000,000 I rxl PRO- nLOC POLICY JECT B AUTOMOBILE LIABILITY BA01573808 11/01/05 11/01/06 COMBINED SINGLE LIMIT - $1,000,000 L ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODILY INJURY f--- $ X NON-OWNED AUTOS (Per accident) f--- f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ $ R OEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND WZP80933843 09/01/05 09/01/06 X I_wc STATU- I IOTH- TORY LIMITS ER EMPLOYERS' LIABILITY $1,000,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPL OYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 D OTHER Professional US061 0621 02 03/31/06 03/31/07 $1,000,000 per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. Ref: All Operations. (See Attached Descriptions) CERTIFICATE HOLDER I I ADDmONAL INSURED; INSURER LETTER: CANCELLATION Ten Dav Nntir.p- fnr Nnn-- nf - SHOULD ANYOFTHEABOVEDESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Town of Tiburon DATE THEREOF, THE ISSUING INSURER WI~X. TOMAIL3.0--DAYSWRITTEN Attn: Dave Bernardi NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,JC'tU(X~k 1505 Tiburon Blvd. ~bCD(_.KXU~)(~X.~ Belvedere Tiburon, CA 94920 )fta~ AUTHORIZED REPRESENTATIVE I ~/I;-, IID,.f! ACORD 25-5 (7/97)1 of 2 #M 154899 NMF @ ACORD CORPORATION 1988 DESCRIPTIONS ( inued from Page BUSINESS LIABILITY ADDITIONAL INSURED: The Certificate Holder* and any other person named in the written contract between the Named Insured and the Certificate Holder. The coverage afforded is pursuant to Section C., Who Is An Insured, Sub-Section 2f. Additional Insureds by Contract, Agreement or Permit, of the Business Liability Coverage Form, Form No. SS 00 08. *Additionallnsureds Per Policy Wording: The Town of Tiburon, its officials, officers, employees and volunteers. Policies are primary and non-contributory per policy form. AMS 25.3 (07/97) 2 of2 #M 154899 EXCERPTS FROM: Hartford Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 2. f. Additional Insureds by Contract, Agreement or Permit (page 11 of 21) Any person or organization with whom you agreed, because of a written contract or agreement or permit, to provide insurance such as is afforded under this Business Liability Coverage Form, but only with respect to your operations, "your work" or facilities owned or used by you. However, coverage under this provision does not apply: (1) Unless the written contract or agreement has been executed or a permit has been issued prior to the "bodily injury". "property damage" or "personal and advertising injury". (2) To any person or organization included as an insured under provision g. (Broad Form Vendors ). (3) To any other person or organization shown in the Declarations as an Additional Insured. E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7. Other Insurance - Primary Additional Insured If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in WHO IS AN INSURED, this Other Insurance Provision is applicable. (a) This insurance is primary. We will not seek contribution from other insurance available to the person or organization with whom you agree to include in VVHO IS AN INSURED. .. EXCERPT FROM Hartford Form 55 00 05 06 96 COMMON POLICY CONDITIONS K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 2. Applicable to Business Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. POLICY NUMBER: BA01573808 BUSINESS AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED ENDORSEMENT (CA 20 48) Name of Person(s) or Organization(s) Town of Tiburon Attn: Dave Bernardi 1505 Tiburon Blvd. Belvedere Tiburon, CA 94920 BUSINESS AUTO COVERAGE Each person or organization indicated above is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. Ref: All Operations. The Town of Tiburon, its officials, officers, employees and volunteers. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE'HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE. CA20 48 07 97