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HomeMy WebLinkAboutAgr 2000-12-20 (Korve Engineering) . I~#3 TOWN OF TlbURON OFFICE OF THE TOWN ENGINEER LETTER OF TRANSMITTAL Irving L. Schwartz, C.E. (415) 883-9200 . Fax: (415) 883-2763 ilschwartz@ilschwartz.com DATE 12 -08-00 I JOB NO 6940 E9907 To: Town of Tiburon 1505 Tiburon Blvd. ATTENTION Alex Me! ntyre RE: Stewart Drive at Tiburon Blvd. Tiburon, CA 94920 Intersection Study WE ARE SENDING YOU ~ Attached D Under separate cover via the following items: D Shop drawings D Prints D Plans D Samples D Specifications ~ Copy of letter D Change Order D COPIES DATE NO. DESCRIPTION 2 - 7 Signed Agreement for Professional Services from Korve Engineering 1 12-05-00 1 Korve cover letter THESE ARE TRANSMITTED as checked below: D For Approval D Approved as submitted D Resubmit _ copies for approval ~ For your use D Approved as noted D Submit _ copies for distribution D As requested D Returned for corrections D Return _ corrected prints D For review and comment D D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US jREMARKS We solicited proposals from three consultants, however, Korve was the most qualified to perform the requested scope of work. The other two consultants declined to submit a proposal as they did not have available staff to perform the work. ..... ,..., ~-.----: If funds are available, I request that the agreement be executed. COPY TO CEe 1 1 2GDO 1 i_, -~ \" -; (" /- f}t<[lt' Ai AE {Lt/l/t . {lA.A (<- / /) ~ . (~ C'1j , tv\. SIGNED: , j' 7 /!~.' I rf /' CC{r ( l.- ....J/2.)..... . .... ./ /I', ;\A f:~ r/~ llffE MAil 'I ... /l-U-dQ TOWN OF TIBURON . STAFF REPORT ITEM NO. 3 To: TOWN COUNCIL From: Irving L. Schwartz, TOWN ENGINEER J".-- Subject: Stewart Drive at Tiburon Boulevard Intersection Study Our File No. 6490-E-9907 Date: December 15, 2000 BACKGROUND For many years the residents of Stewart Drive and the other residential streets feeding to Stewart Drive have been concerned about the safety of the intersection of Stewart Drive at Tiburon Boulevard (State Highway 131). They have also been concerned about the difficulty of making left turns into or out from Stewart Drive due to the heavy volume of traffic on Tiburon Boulevard. The California Department of Transportation, based on a study they performed some months ago, determined that this intersection does not warrant a traffic signal. In the fall of 1999 they removed a large number of eucalyptus trees on the southerly side of the roadway at the Town's request, which clearly improved the visibility conditions at the intersection, but did not effectively solve the problem associated with this intersection. In order to convince CalTrans on a technical as well as a political level that improvements to this intersection are justified, we solicited proposals from three traffic engineering firms to perform a detailed traffic analysis of this intersection, including a traffic signal warrant study and a study of the vertical and horizontal alignment of Tiburon Boulevard, westerly of the intersection. This analysis will provide us with a scope of work for intersection improvements, from which a cost estimate can be developed and we will presumably also have sufficient technical data to justify the improvements based CalTrans criteria. I want to point out that if CalTrans criteria cannot be met then improvements to the intersection will require funding by the Town of Tiburon or through appropriate Traffic Improvement or Traffic Safety Grants. As mentioned above we solicited proposals from three different firms; Korve Engineering, Brain Kangas Foulk and Fehrn Peers Associates, Inc. Both Brian Kangas Foulk and Fehn Peers Associates advised us that they did not have staff available to perform this study and therefore declined our request for a proposal. We did receive an acceptable proposal from Korve Engineering Group for a not-to-exceed figure of $15,400.00. TOT STAFF.9907 I ~. ... RECOMMENDATION . I believe that Korve Engineering is completely qualified to perform the requested work and that their proposed fee is reasonable based on the Scope of Work required. I recommend that the Council authorize the Town Manager to execute the Agreement for Professional Services, which was prepared by the Town Attorney and has been signed by Korve Engineering. EXHIBITS 1. Agreement for Professional Services 2. Korve Engineering Proposal dated August 30,2000 TOT STAFF.9907 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered this;).( ~ay of IJm" k 2000, by and between the TOWN OF TffiURON, a political subdivision oftlte State of California, hereinafter called "Town," and Korve Engineering, a California corporation, hereinafter referred to as "Consultant," RECITALS A. The Town desires to retain a qualified professional to provide those services described in Exhibit A, which is attached hereto and incorporated herein by reference ("Services"). Consultant is fully qualified and possesses all necessary licenses and credentials to provide the Services. B. The parties wish to contract for the Consultant to provide the Services as set forth herein. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform those Services described in the Consultant's Proposal for Services ("Exhibit A"). Any Additional Services must be authorized by the Town in writing. , 2. Compensation. Consultant's fee for the Services shall be as shown on Exhibit A ("Base Fee"). Unless otherwise provided in Exhibit A, Consultant shall submit monthly invoices for payment based on the percentage of Servic~s completed. All invoices shall be paid within 30 days of submission to the Town. Consultant's fee for any Additional Services shall be compensated on a time and materials basis up to a maximum amount that shall be established in the document in which the Town authorizes the Additional Services. 3. Time of Performance. The Schedule for Consultant's performance shall be as set forth in Exhibit A. 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 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 subj~ to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain 1 complete centro I o.f its o.perations 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 evaluatio.n 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 discretio.n 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 $2,000,000 annual aggreg~te. B. Comprehensive Automobile Liability: Co.m.bined single limit of$l, 000, 000 for each single occurrence for bodily injury and l?foperty damages; $2,000,000~ual 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 aqd B, abo.ve, shall be endorsed with language covering the Town, its officials, officers, emplo.yees, agents and vo.lunteers. ,Such coverage shall be primary insurance to the Town, its officials, ArlIicers and emplo.yees 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 Town, its officials, officers and employees. F. The insurance required by this Paragraph shall not be suspended, voided, canceled or reduced in co.verage or in limits exc,ept 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 appro-'(al 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 subcontra~tors 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, Up01l request, provide such materials to Town. Unless otherwise provided in Exhibit. A, this paragraph shall net apply to formulae, modes .9f analyses or other instruments used by Consultant to develop the plans, studies, do.cuments 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 en any other project or on any expansion of the original project. Any such re- 2 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 immediatel.Y'comply therewith and take,all reasonable steps to minimize the incurrence of costs ~able tQ~he Services covered by the- Stop Work Order during the period of work stoppage. Wrthin ninety days of the delivery of the Stop Work Order, or such later time as may j)e agreed to by the parties, Town shall either cancel the Stop Work Order--<>cterminate this Agreement as providedirrParagraph 11. Consultant shall r~sumewoik upon the cancellation of the Stop Wor-kOrder. To the extent that the'-StopW ork Order results in a documentable increasein the cost of performing the Services or the time required for such perfQnnance, Consultant shall receive an equitable adjustment in compensation or an extensionoftime-foF-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 1.50/0 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 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. 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 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 other portions of this Agreement, the latter shall prevail. B. Governing Law. This Agreement shall be governed by the laws of the State of California. 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 attacheq hereto and incorporated herein by reference: Exhibit A: Proposal from Korve Enginee~g dated August 30, 2000 IN WITNESS WHEREOF the parties. hereto have caused their duly authorized r~presentatives to execute this Agreement the day and year above written. CONSUL T ANT \ TOWN )?~~ ~~ If<orve Engineering By: Its: p r ~ .) .' "" e.. .....-;- APPROVED AS TO FORM: ~~4~ Ann R. D~rth, Town Attorney .~ 4 SEP-D7-DD 17: 1"8 FrDm:KORVE ENGI~~~ft,"G OAKLAND 51D83~5ZZ0 T-598 P DZ/D~ Job-751 Ie Korve EXHIBIT "All I Engineering August 30, 2000 Mr. Irving SchwartZ Town Engineer, City of Tiburon c/o I.L. Schwartz Associates. Inc. 79 Galli Drive Novato, CA 94949 SUBJECT: STEwART DRIVe/SR 131 INTERSECTION Dear Mr. Schwartz: Korve Engineering, Inc. (KORVE) is pleased to submit this proposal to conduct an analysis of Stewart DnvefTiburon Boulevard intersection. The work includes the preparation of a detailed traffic signal warrant study along with an assessment of the existing horizontal and verticaJ alignm@nt at the intersection. The primary purpose of the study is to persuade Ca.trans to pursue improvements at the intersection, including signalization. SCOPE OF WORK TaSk 1. Data COlleCtion To prepare traffic signal warrants and an evaluation of the existing geometry at the intersection, several pjeces of information will need to be collected_ These include the following: . Eight hour vehicular traffic counts; . Pedestrian counts: . Accident records (T ASAS); and . As-buiJt drawings. - Vehicle and pedestrian counts will be collected by KORVE on a clear weekday during the school year. Accident recQrds and as-built drawings for the intersection wiU be obtained from Caltrans. The accident data wiJl also be supplemented with information available from the police department. We assume that the intersection's existing geometry is readily available in Ca/trans' record drawings and that no new SlJIV9YS or aerial photographs nQed be ConGcted 3& pa rt of this work effort. Task 2. Traffic Signal Warrants KORVE win prepare traffic SJgnal warrants for the intersection based on the information collected in Task 1, The degree to which the intersection meets Caltrans warrants will be noted. Task 3. Evaluate Intersection Geometry The existing horizontal and vertical geometry at the intersection wiJI be reviewed. In particular this analysis wiU focus on sight distance and the dangers that limited sight distance may pose. .1. .:,:. -''::':;';';' ':~.': ',:'c'- . .' ~. . . ~.:. .::.':~t:(~ _..:...:~. ~';"" >-' . . :,.> ' ;~'''', '" , ...... . ~.;' ... .:.- i' : _.:, ~~"I';. _.._ ~_:.. - .. . .... - . - '.~ . .' i, - . ""'. '"'.- ., .... _. '.. ~ ... oJ _ _ 3 . ~;-~.:."~:' . . . . SEP-07-00 17: 18 From:KORVE EN 'G OAKLAND 5108345220 T-598 P.03/04 Job-751 IC' Karve I Engineering Mr. Irving Schwartz August30,2000 Page 2 Accident records will be reviewed to determine if limited sight distance is resulting in a safety problem. If this is the case, jt would be a persuasive argument towards the instaUation of a traffic signal at this location. Task 4. letter Report A letter report summarizing the results of our data collection and analysis effort will be prepared. Our findings and recommendations regarding necessary improvements will be clearty presented. BUDGET We estimate the total cost of the above scope of work to be approximately $1 S.4QO which we propose to biU on a time and matenaJs not to exceed basis. A spleadsneet is attached illustrating our proposed labor hours and costs for each of the above tasks. Please do not hesitate to call Bill Burton or myself (510-763-2929) if you any Questions regarding this proposal. Sincerely. KORVE ENGINEERING, INC. W~?~ ~~ Hans Karve. PE President SEP-D7-DD 17: 18 From: KORVE EN' 'lG OAKLAND 5108345220 T-598 P 04/04 Job-151 2 ololo 00 QIQ 100 lolC! 0 i! 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