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Home My WebLink AboutAgr 2008-11-04 (Whitlock, Weinberger) Town ofTiburon · 1505 Tiburon Boulevard .1iburon, CA 94920 · P. 415.435.7373 F. 415.435.2438 · www.ci.tiburon.ca.us Office of the Director of Public Works / Town Engineer - 415.435.7388 November 4, 2008 r--.. ,r-~ r;...... )1 ;,~- .' ~ ;" 2n 2"oGoai'- ~, Ji . Dalene J. Whitlock, P. E. W- Trans 490 Mendocino Ave., Suite 201 Santa Rosa, CA 95401 Cit.:::~j ZL; 11...;>.;. " RE: Tiburon - Warrant Analysis for Cecelia and Blackfield Dear Ms. Whitlock: Enclosed is the fully-executed agreement to perform the work referenced above. Please consider this your notice to proceed. A kick-off phone call or meeting within the next week or so would be in order. Please also submit your insurance information with the appropriate endorsements as required by the agreement. You can reach me at 415-435-7388. Since ely, Nich las T. Nguyen, P.E. Director of Public Works / Town Engineer Enclosure: Town agreement Cc: project file D'le'k ''colHns Coun~i1member . . . . ,~. :;:. . <lit ~,._(.'.:. . . . Tom ..G~ari1 COIInc1lhl~Iriber Margaret}\.~urran Town Manager AGREEMENT FOR PROFESSIONAL SERVICES :p.IASTEK f1A'N OF HBURON CORPORATION Y ADn ~ ~ THIS AGREEMENT, made and entered this 4T~ day of 0~\16 hflf5CL- ,2008, by and between the TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town," and WHITLOCK & WEINBERGER TRANSPORTATION, INC., hereinafter referred to as "Consultant," RECIT ALS A. The Town desires to retain a qualified and competent consultant to provide specialized traffic engineering services. B. The Consultant has the skill and experience to undertake the work. Consultant has submitted a proposal, dated Q;ro6~fL---- Co ~ , 2008, as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. The parties wish to contract for the provision of services as described in this Agreement. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform the services described in its Proposal, as set forth in Exhibit A ("Services"). The Consultant shall execute the work in a timely manner and as requested by the Town. 2. Compensation. Town agrees to pay Consultant as set forth in Exhibit A, up to a maximum of$2.550.00. Consultant's total compensation shall not exceed this maximum without prior Town approval of an amendment to this Agreement. 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 a negligent 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. 5. Attendance at Hearings. If requested by the Director of Public Works, Consultant shall appear at meetings or other hearings that pertain to the Services. Tiburon - Traffic Engineering Services 1/4 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 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. Such coverage shall be primary, non-contributory insurance to the Town, its officials, officers and employees. The limits set forth below are not intended to operate as a limit to Consultant's liability under Sections 3 and 4 of this Agreement. 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 for bodily injury and property damages. 8. Ownership ofDocuments~ Re-Use; Indemnity. For the purpose of this Agreement, "Documents" shall include text copy, graphics, code, disks, diskettes, CDs, and other written or electronic communications or data. All Documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said Documents are prepared for use only in connection with the Project described in Exhibit A. Documents should be in formats usable by the 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 suchre- 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, that may arise from Town's unauthorized re-use of said Documents for another project or for any expansion of the Proj ect. 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 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 appropriate. Tiburon - Traffic Engineering Services 2/4 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. 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 equal to his hourly rate as outlined in Exhibit A 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. Miscellaneous. A. Other Contract Provisions. To the extent that there are any inconsistencies with the Exhibit(s) to this Agreement and the main body thereof, the latter shall prevail. B. Governing Law~ venue. The laws of the State of California shall govern this Agreement. In the event that a dispute arises under this agreement, Marin County shall be ,the proper venue for any judicial resolution of 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 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. Tiburon - Traffic Engineering Services 3/4 IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT Whitlock & Weinberger Transportation, Inc. g;~ Its:Yn n(\ put TOWN OF TIBURON ~ ~---_._~ Nicholas Nguyen, Director of Public Works APPROVED AS TO FORM: /~ Ann R. Danforth, Town Attorney Tiburon - Traffic Engineering Services 4/4 lnXH I ~IT -A- ill r? r.:'\ P n D,0 r? D D) ~ [ Ii:' ::' I ' [\ \ U OCT 0 8 2008 ) D1RECTCi>: I ' ,; .J__);~d(S TOVvi'~ 0;': YE...UROr~ '^'-tran~ October 6, 2008 Whitlock & Weinberger Transportation, Inc. Mr. Nicholas Nguyen, P.E. Director of Public Works/T own Engineer Town of Tiburon 199 Kleinert Way Tiburon, CA 94920 490 Mendocino Avenue Suite 20 I Santa Rosa, CA 9540 I voice 707.542.9500 fax 707.542.9590 web www.w-trans.com Proposal to Prepare a Warrant Analysis Dear Mr. Nguyen; Whitlock & Weinberger Transportation, Inc. (W-Trans) is pleased to present this proposal to provide traffic engineering services preparing a warrant analysis to determine potential need for all-way stop controls for the intersection of Blackfield Drive and Cecilia Way in the Town of Tiburon. The following scope of services is suggested based on the information you provided. Tasks I. Available on-line aerial and ground photography will be used to document existing conditions at the study intersection, including signing, striping, and sight distance. The distance from the intersection along Blackfield Drive to Tiburon Boulevard will be measured. 2. Machine approach counts will be obtained for a period of at least 24 hours on all approaches to the intersection. Additionally, a IS-minute turning movement count will be performed to determine the approximate ratio between turning movements on each approach. 3. The intersection's collision history will be evaluated based on all data available through our Crossroads collision database. 4. Warrants for all-way stop controls will be evaluated based on the data collected and field observations. 5. Using the approach counts and IS-minute sample count, turning movement counts will be estimated for the morning and evening peak hours. Operation of the intersection with all-way stop controls will be evaluated to determine the queue length that would be expected to form; this length will be compared to the available stacking space to, Tiburon Boulevard. 6. A letter report describing the data collected, analysis performed, and whether or not to convert to all way stop controls will be submitted in draft form. 7. One round of comments will be addressed and a final letter report submitted along with copies of the data collected and any supporting calculations. l~ \ /3 Mr. Nicholas Nguyen, P.E. Page 2 October 6, 2008 Exclusions: The above scope of services does not include attendance at any meetings, collection of field data, coordination with multiple agency representatives, responding to multiple rounds of comments, or responding to peer review comments. Such services, if needed, would be provided on a time and materials basis. The draft letter report can be submitted for your comments within approximately three to four weeks following authorization. Our services will be conducted on a time and materials basis at the rates indicated on the enclosed sheet. The estimated maximum fee for this work is $2,550. Please forward your contract documents or a purchase order if you wish to initiate our services. This proposal will remain a firm offer for 90 days from today's date. Thank you for giving W-Trans the opportunity to propose on these services. CL-- DJW/TIBO 12.P I.wpd Enclosure: 2008 Fee Schedule A-Y~ Fee Schedule \N-tran~ Whitlock & Weinberger Transportation, Inc. 490 Mendocino Avenue Suite 201 Santa Rosa, CA 95401 voice 707.542.9500 fax 707.542.9590 web www.w-trans.com 2008 S t a ff Bill i n g Rat e s Position Billing Rate (per hour) Principal Senior Associate Associate Senior Engineer/Planner Transportation Engineer/Planner Assistant Engineer/Planner Drafter Technician/Administrative Field Technician $185-$21 0 $1 55-$175 $135-$150 $ I 25-$ 130 $100-$120 $85-$95 $75-$95 $65-$75 $ I 5-$40 2008 Expense Charges Item Charge Mileage $0.65/mile Services and Expenses 10% surcharge These rates are valid for any work initiated prior to December 31, 2008. New work initiated after January I, 2009, and any subsequent year may be billed at the revised rates established for that year. AY3