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HomeMy WebLinkAboutHexagon Transportation Consultants, Inc. (2) AGREEMENT THIS AGREEMENT is made and entered into on the ii t ' day of Dee- , 2015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Hexagon Transportation Consultants, Inc. (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 peer review of the Traffic Impact Analysis for Church of the Redeemer School 2. EXHIBITS The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated November 23, 2015 3 TERMS. The services and/or materials furnished under this Agreement shall commence 11/24/2015 and shall be completed by 12/7/2015 , 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 five thousand dollars and zero cents ($5,000 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 4/23110 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: i WORKERS COMPENSATION INSURANCE. Minimum statutory limits. ii. 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 4123110 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 TOWI,J 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 farm 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 CONTRACTOR: Richard Chiu Public Works Director I 1 31(S- Town of Los Altos Hills By i l 26379 Fremont Road •n:ture Date Los Altos Hills, CA 94022 Goal t( n re 5`�e Print name,Title V" TOWN OF LOS ALTOS HILLS By CO92 Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4123/10 pp-` I-1EXAGON TRANSDORTATION CONSULTANTS, INC November 23, 2015 Mr Richard Chiu Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Subject: Proposal to Provide Peer Review of the Draft TIA for the Proposed Church of the Redeemer School in Los Altos Dear Mr Chiu: Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to provide a peer review of the traffic study that was prepared for the proposed school at Church of the Redeemer 380 Magdalena Avenue in Los Altos.The traffic study was prepared by Fehr&Peers and is dated November 17,2015. Hexagon will complete a peer review the draft traffic impact analysis and supporting technical analysis.We will provide a letter reporting our findings.The scope of work is described below Scope of Work—Peer Review of Traffic Study Hexagon Transportation Consultants("Hexagon")will conduct the following tasks in preparation of the summary on a peer review of a traffic study submitted by the project applicant: 1 Review Traffic Study Scope of Work The traffic study will be reviewed for conformance with Los Altos and Santa Clara County guidelines for the preparation of traffic studies. 2. Verify Adequacy of Count Data.The traffic count data upon which the analyses are based will be reviewed.This review will identify any count data that may be outdated or that may have been collected during non-representative times of the year 3. Verify Site Traffic Projections.The trip generation estimates presented in the traffic report for the proposed project will be verified.The verification will be based on the proposed development size and land uses using the appropriate vehicular trip generation rates for each land use,as published by the Institute of Transportation Engineers(ITE)or other widely accepted source. 4. Review Trip Distribution Pattern.The directional distribution of site-generated traffic will be reviewed for consistency with existing travel patterns and the relative locations of complementary land uses in the area. 5. Review Traffic Assignment.The assignment of site-generated traffic on the local roadway network will be reviewed for accuracy and consistency with the trip distribution pattern contained in the traffic report. 6. Verify Adequacy of Study Area.The study area and study facilities included in the traffic impact report will be reviewed to ensure that potential project impacts on the local transportation system are accurately identified. 7 Review Level of Service Calculations.The level of service calculation output pages for the study scenarios included in the report will be reviewed for accuracy Field observations will be conducted during the AM and PM peak hours to determine if the calculated existing levels of service accurately reflect field conditions. 8. Review Traffic Study Conclusions and Recommendations.The conclusions and recommendations presented in the traffic report for accommodating project-generated traffic will be reviewed to determine if they are adequate. 9. Documentation The results of the peer review will be documented in a letter-style report. 4 North Second Street,Suite 400•San Jose,California 95113•phone 408.971.6100• fax 408.971.6102•www.hextrans.cor • ppr ` Mr Richard Chiu November 23,2015 " Page 2 of 3 10. Meetings.Attendance at meetings is not included in this scope of work and would require additional time and budget. Optional Services Public Meetings. If invited, Hexagon will attend any public hearings in connection with the project. Hexagon staff attendance at public hearings will be billed as Additional Services. Hexagon will provide these optional services upon receipt of written authorization. The cost for services rendered under this agreement will be based on staff time and expenses not to exceed $5,000, not including meetings.Our standard hourly rates are attached.The peer review will take three weeks to complete. We look forward to working with you and appreciate your consideration of Hexagon for this assignment. If you have any questions, please do not hesitate to call.Thank you. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. 712 )Gary K. Black President 4 North Second Street,Suite 400•San Jose,California 95113• phone 408.971.6100• fax 408.971.6102•www.hextrans.com - FP--411111MrRichard Chiu v November 23,2015 " Page 3 of 3 Hexagon 2015 Billing Rates Professional Classification Rate per Hour President $255 Principal $210 Senior Associate II $195 Senior Associate I $180 Associate II $160 Associate I $145 Planner/Engineer II $130 Planner/Engineer I $120 Admin/Graphics $105 Senior CAD Tech $95 Technician $75 Direct expenses are billed at actual costs,with the exception of mileage,which is reimbursed at the current rate per mile set by the IRS. Billing rates shown are effective January 1,2015 and subject to change January 1,2016. 4 North Second Street,Suite 400•San Jose,California 95113•phone 408.971.6100• fax 408.971.6102•www.hextrans.com • Fonn 1111-9 Request for Taxpayer Give form to the (Rs.October 2007) Identification Number and Certification requester.Do not oepEatnertofthe.Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tet return) 41 Business name,if different from above m e Check appropriate box:D Individual/Sole proprietor 0 Corporation ❑ Partnership Exempt ❑ Umlted liability company.Enter the lax classification(D=disregarded entity,C=corporation,P=partnerahip)► ❑ payee $, ❑ Other(see instructions)► EAddress(number,street,and apt or suite no.) Requester's name and address(optional) Town of Los Altos Hills City,state,end ZIP code 26379 Fremont Road Los Altos Hills,CA 94022 List account number(e)here(optional) Part I Taxpayer Identification Number(TIN) .Enter your TIN In the appropriate box.The TIN provided must match the name given on Line 1 to avoid social eecurity.number backup withholding.For Individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I Instructions on page 3.For other entitles,1t is your employer identification number(EIN).If you do not have a number,see How to gets TIN on page 3. or Note.If the account Is in more than one name,see the chart on'page 4 for guidelines on whose Employer Identification number number to enter Part II Certification • Under penalties of perjury,I certify that: 1 The number shown on this form Is my correct taxpayer Identification number(or I am waiting for a•number to be issued td me),and 2. I ani hot subject to backup withholding because:(a)I ani exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report.all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below). Certification Instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject.to backup withholding because you have failed to report all Interest and dividends on your tax return.For real estate transactions,item 2 does not appy For mortgage interest paid,.acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and.generally payments other than Interest and dividends,you are not required to eign the Certification,but you must provide ygur correct TIN.See the instnictlons on page 4. Sign Signature of Here us.person► Date► General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S.person if you are: Section references are to the internal Revenue Code unless •An individual Who Is a U.S.citizen or U.S.resident ellen, otherwise noted. •A partnership,corporation,company,or.assoclation created or Purpose of Form organized in the United States or under the laws of the United A person who Is required to file an Information return with the States, IRS must obtain your.correct taxpayer Identification number(TIN) •An estate(other than a foreign estate),or to report,for example, income paid to you,real estate •A domestic trust(as defined in Regulations section transactions,mortgage interest you paid,acquisition or 301 7701-7). abandonment of secured property,cancellation of debt,or Specialcontributions you made to an IRA rules for partnerships.Partnerships that.conduct a trade or business In the United States are generally required to Use Form W-9 only if you are a U.S.person(Including a pay a withholding tax on any foreign partners'share of income resident alien),to provide your correct TIN to the person from such business.Further,in certain cases where a Form W-9 requesting it(the requester)and,when applicable,to: has not been received,a partnership is required to presume that 1 Certify that the TIN you are giving is correct(or you are a partner Is a foreign person,and pay the withholding tax, wafting for a number to be issued), Therefore, if you are a U.S. person that Is a partner In a 2.Certify thaYyou are not subject to backup withholding,or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3.Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable,you are also certifying that as a income. U.S. person,your allocable share of any partnership Income from The person who gives Form W-9 to the partnership for a U.S.trade or business Is not subject to the withholding tax on puroses of establishing its U.S.status and avoiding withholding foreign partners'share of effectively connected Income. on its allocable share of net Income from the partnership Note.If a requester gives you a form other than Form W-9 to conducting a trade or business In the United States is in the request your T1N,you must use the requester's form if it is following cases: substantially similar to this Form W-9. •The U.S.owner of a disregarded entity and not the entity, Cat No.10221X Form W-9.(Rev.10-2007)