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HomeMy WebLinkAboutW-TransAGREEMENT THIS AGREEMENT is made and entered into on the clay of September, 2021 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Whitlock & Weinberger Transportation, Inc. (DBA W -Trans) (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Perform Bicycle Route Feasibility Study on Page Mill Road between Berry Hill Court and Arastradero Road. 2.- EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated September 24, 2021 3. TERMS. The services and/or materials furnished under this Agreement shall commence 10/04/2021 and shall be completed by 11/05/2021, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed four thousand dollars and zero cents ($4,000.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 Short form Updated 4/23/10 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/23/10 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 Short form Updated 4/23/10 h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: Oscar Antillon 0V— Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: 13y. Signature TOWN Sept. 27, 2021 Date Mark Spencer, Senior Principal Print name, Title Carl Cahill, City Town of Los Altos Hills Page 4 of 4 Short form Updated 4123110 W Proposal for the Page Mill Road Bicycle Route Feasibility Study Dear Mr. Chau; W -Trans is pleased to provide this proposal to conduct a bicycle route feasibility study along Page Mill Road in Los Altos Hills. This study would evaluate whether a bicycle route designation is appropriate for the section of Page Mill Road between Berry Hill Court and Arastradero Road. Approach For this study, W -Trans will assess key issues related to user safety, sight distances, and impact on traffic flow along Page Mill Road. Our evaluation will be based upon a review of surrounding topography, the gathering of recent traffic data along Page Mill Road, the application of engineering standards, and observations of user behavior within each study area. Qualifications W -Trans provides traffic engineering and transportation planning services that emphasize mobility and helps to transform streets to serve all potential users. Our staff have applied their skills to a variety of projects ranging from traffic operation analyses, traffic collision reduction programs, transportation facilities design including traffic signal and roundabout design to downtown revitalization, streetscape planning efforts and complete street projects. Project Understanding The segment of Page Mill Road between Berry Hill Court and Arastradero Road is approximately 25 feet wide and does not include a dedicated space for bicyclists. The shoulder along this segment is undeveloped and currently undergoing erosion repair which has an undetermined completion date. In lieu of a separate bike lane, bicyclists using Page Mill Road must share the use of the automobile travel lane to traverse this segment of Page Mill Road. Residents have requested a study be conducted to determine whether it is appropriate to designate this portion of Page Mill Road as a bicycle route (or similar) facility. Task 1: Field Surveys and Data Collection W -Trans will conduct a site visit to confirm roadway geometric characteristics and user behavior. Directional daily traffic and speed measurements will be conducted for four days via roadway tubes, along the study segment of Page Mill Road. Video surveys from 9:00 a.m. to 6:00 p.m. will be conducted on a Saturday to supplement the tube counts by focusing on documenting the volume of recreational bicycle users on Page Mill Road. These counts will be scheduled under non -rainy conditions during a typical non -holiday week beginning on Friday and ending on Monday. This period was intentionally selected to incorporate both weekend recreational travel as well as weekday commute travel patterns. 7901 Oakport Street, Suite 1500 Oakland, CA 94621 510.444.2600 w-trans.com SANTA ROSA • OAKLAND _11� rmr� September 24, 2021 T%A W=Trans Mr. John Chau, PE Associate Engineer Town of Los Altos Hills 2679 Fremont Road Los Altos Hills, CA 94022 Proposal for the Page Mill Road Bicycle Route Feasibility Study Dear Mr. Chau; W -Trans is pleased to provide this proposal to conduct a bicycle route feasibility study along Page Mill Road in Los Altos Hills. This study would evaluate whether a bicycle route designation is appropriate for the section of Page Mill Road between Berry Hill Court and Arastradero Road. Approach For this study, W -Trans will assess key issues related to user safety, sight distances, and impact on traffic flow along Page Mill Road. Our evaluation will be based upon a review of surrounding topography, the gathering of recent traffic data along Page Mill Road, the application of engineering standards, and observations of user behavior within each study area. Qualifications W -Trans provides traffic engineering and transportation planning services that emphasize mobility and helps to transform streets to serve all potential users. Our staff have applied their skills to a variety of projects ranging from traffic operation analyses, traffic collision reduction programs, transportation facilities design including traffic signal and roundabout design to downtown revitalization, streetscape planning efforts and complete street projects. Project Understanding The segment of Page Mill Road between Berry Hill Court and Arastradero Road is approximately 25 feet wide and does not include a dedicated space for bicyclists. The shoulder along this segment is undeveloped and currently undergoing erosion repair which has an undetermined completion date. In lieu of a separate bike lane, bicyclists using Page Mill Road must share the use of the automobile travel lane to traverse this segment of Page Mill Road. Residents have requested a study be conducted to determine whether it is appropriate to designate this portion of Page Mill Road as a bicycle route (or similar) facility. Task 1: Field Surveys and Data Collection W -Trans will conduct a site visit to confirm roadway geometric characteristics and user behavior. Directional daily traffic and speed measurements will be conducted for four days via roadway tubes, along the study segment of Page Mill Road. Video surveys from 9:00 a.m. to 6:00 p.m. will be conducted on a Saturday to supplement the tube counts by focusing on documenting the volume of recreational bicycle users on Page Mill Road. These counts will be scheduled under non -rainy conditions during a typical non -holiday week beginning on Friday and ending on Monday. This period was intentionally selected to incorporate both weekend recreational travel as well as weekday commute travel patterns. 7901 Oakport Street, Suite 1500 Oakland, CA 94621 510.444.2600 w-trans.com SANTA ROSA • OAKLAND Mr. John Chau, PE Page 2 September 24, 2021 Task 2: Feasibility Study Page Mill Road's suitability for use as a bicycle route will be evaluated based on the geometric characteristics of the road and current industry best practices for similar conditions. Based on the field survey, data collection and feasibility analysis we will make recommendations with respect to crosswalk location and recommended treatments. A Cost Estimate of Probable Costs will be prepared based on the quantities and items identified in the recommendations. A concept level drawing will be prepared illustrating recommendations along Page Mill Road. The concept drawings will show the locations of any recommended changes to roadside signs and pavement markings. Task 3: Report Preparation A draft letter report will be prepared for your review, including a summary of the analysis described above, technical documentation, and recommended improvements, if any. Town staff comments will be incorporated into a final letter report. Exclusions — The scope of services includes only those items that are specifically identified above. Should additional services be requested, or the amount of time needed for a specific task exceed the anticipated level of effort, then W -Trans will first discuss this with Town staff prior to proceeding with the additional work. Any additional services, such as meetings or hearings, requests for further analysis, multiple rounds of comments, or responding to peer review comments, if needed would be provided on a time and materials basis after receiving written authorization for the extra work. Schedule and Budget Our services will be conducted on a time and materials basis at the rates indicated on the enclosed sheet. Monthly invoices will be provided electronically unless a hard copy via mail is requested. The estimated fee for this work is $4,000. Enclosed is a copy of our standard contract. Please sign and return it or forward a contract agreement if you wish to initiate work. This proposal will remain a firm offer for 90 days from the date of this letter. Thank you for giving us the opportunity to propose on these services. Sincerely, Mark ESpecer, PE Senior Principal MES/kbj/LAH003.P1 Enclosures: 2021 Fee Schedule, Standard Contract on Fee Schedule 2021 Staff Billing Rates Position Billing Rate (per hour) Senior Principal $280 -$325 Principal $220 -$275 Senior Engineer/Planner $195-$210 Engineer/Planner $155 -$170 Associate Engineer/Planner $135-$150 Assistant Engineer/Planner $110-$130 Technician/Administrative $95 -$115 Intern $30 -$80 Field Technician $30 -$75 2021 Expense Charges Item Charge Mileage $0.62/mile* Services and Expenses 10% surcharge These rates are valid for work performed prior to December 31, 2021. Work performed after January 1, 2022, and any subsequent year may be billed at the revised rates established for that year. * Mileage charge will be based on the IRS Standard Mileage Rate (set at $0.56/mile effective January 1, 2021) plus 10 percent. 490 Mendocino Avenue, Suite 201 SANTA ROSA, CA 95401 707.542.9500 7901 Oakport Street, Suite 1500 OAKLAND, CA 94612 510.444.2600 w-trans.com