HomeMy WebLinkAboutTJKMAGREEMENT
THIS AGREEMENT is made and entered into on the 1st day of September , 2015 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
and TJKM (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:
Provide Traffic Calming Study along Moody Road between
Altamont Road and Old Snakey Road
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated August 21, 2015
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 09/01/2015 and shall be completed by 10/31/2015 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 four thousand two
hundred dollars and zero cents ($4,200.00) 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 I 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
P
roduct, CONTRACTOR agrees to indemnify, defend and hold harmless the
TOWN, its officers, agents and employees from any and all dernands, 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.
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 4123/10
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 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 A4*,•
Town of Los Altos Hills By, 08/28/2015
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022 Amit Kothari, Director of Parking & Transit
Print name, Title
TOWN OF LOS ALTOS HILLS:
A
By:
Carl Cahill, City Manag"e"r Dat
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4/23/10
August 21, 2015
Richard Chiu
Public Works Director
Town of Los Altos Hills
sent via e-mail
Subject: Proposal for Traffic Calming Study along Moody Road (Altamont Rd to Old Snakey Rd)
Dear Richard:
Thank you for the opportunity to submit this proposal for a traffic calming study along Moody Road between
Altamont Road and Old Snakey Road. We understand that:
■ The Town in interested in a traffic calming study that will evaluate traffic speeds, volumes and safety
conditions along Moody Road
■ The Town intends to evaluate addition of STOP controls on Moody Road at Rhus Ridge Road
TJKM has prepared the following Scope of Services that is aimed at evaluating traffic conditions along the
above mentioned segment and recommending most effective and feasible improvements that will help the
Town to achieve its goals of improved traffic flow and enhanced safety for vehicles, bicyclists and pedestrians.
Scope of Services
Task 1: Review of Data, Past Studies and Analysis
TJKM will request relevant data form the Town such as Average Daily Traffic (ADT) volumes, pedestrian
volumes, 85th percentile speeds and accident history in the project area. If certain data is not available, TJKM
will collect data once the school is in session.
Task 2: Field Review and Data Collection
Once the school is in session, we will conduct field reviews on a normal weekday. The date and time of the
field review will be decided with input from the Town staff. The area of observations will extend on Moody
Road from Altamont and Old Snakey, including all intersections within this segment. Additionally, TJKM will
collect any missing data necessary for a comprehensive analysis of existing traffic and safety conditions, and to
develop potential solutions.
Task 3: Analysis and Recommendations
TJKM will complete analysis of traffic and safety conditions and develop recommendations for further
consideration by the Town. TJKM's analysis will include traffic volumes, speeds, accident analysis, presence of
traffic controls, traffic signs and pavement marking, roadway geometry, visibility conditions and any other
aspects that may affect roadway safety. We will also complete a warrant analysis for possible addition of
STOP signs on Moody Road at Rhus Ridge Road. Our recommendations will include immediate, low-cost
improvements as well as any potential long-term improvements that may be considered in the future. We will
utilize state standards and industry best practices as we develop our recommendations.
Moody Road Traffic Calming Study
Page 2 of 2
Task 4: Letter Report on Issues, Concerns and Recommendations_
TJKM will prepare and submit a draft letter report to the Town that will summarize the Issues, Analysis and
Recommendations. After discussion with the Town staff, we will revise the report to reflect any comments
received and submit a final report.
Schedule
TJKM will prepare and submit a draft letter report by September 30, 2015. The final report will be submitted
within one week from receiving comments from the Town.
Budget
We propose a fixed fee of $4,200 to be billed on a percent complete basis. This amount includes our
services to accomplish the tasks outlined above, including review of existing conditions, data collection
services through a vendor and preparation of reports. This scope of services and fee do not include
attendance at in-person meetings, or preparation of detailed engineering plans and specifications for potential
improvements.
We appreciate the opportunity to be of service, and hope to assist you with this significant traffic circulation
and safety project. Should you have any questions, please do not hesitate to contact me at 925.264.5024 or
akothari@tjlcm.com
Very truly yours,
\� 1
Amit Kothari, PE (Traffic)
Director of Parking &Transit
Give Form to the
Form W. 9 'Request for Taxpayer* requester. Do not
(Rev. December 2014) Identification Number and Certification
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�enue Service
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Part 11, Cierfification
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Under penalties of perjury, I certify that:
1. 'The -number shown .6h this form 'i s*: -doiirre dt tax pAyer identifloati6ft number (Or I am waiting foranumbee to be issued to me and
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4. The FATCA. code(s) entered -on this -form (if any) Indicating that I am: exempt from FATCA reporting is correct.
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'Certification instructions. You: must cross out item 2 above if you have been nofif ied by the IRS that you are currently subject to backup withholding
because youfiave failed to report all 'Interest and dividends on your tax return. For real estate trahs� '' tio item 2 do' not ppl . For mortgage
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a 4 pa UJO.it.'' ....1aphdohment of' socuredproperty, danoell , ion o f debt, contribution to an individual retirement art ngement (IRA), and
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Sign Signipture of
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General Instructioh -q
Sodtibn references are to the Internal Revenue Code unless otherwise, noted,
F Oturo development$. Information about develppmentse. ffpot . ing Form W-9 (such
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as. 1eOisleitlonenacted after we releasej Is at. wvvwJrs.,qav1fw.9.
Purpose of.Forml
An individual or entit '(F&hi W-9 requester) who is required a
.Y. ulred to.fild An inform.. tion
return with the IRS M—u-st obtain 'your correct taxpayer identifibation'riumber (TIN)
which may be yoursocial security number (SS,N), individuW toXpaVer.1dentifli cation
number(ITIN) adoption taxpayetldentlficatioh niumber:(ATIN),. or employbr
identification number (EIN), to tbooft on. ah:lhfotrMtlon return the. amount paid to.
yo q, or other emo u amount -. reportab 16 on an in'f6finatito'n return. Examples of 'I 16'r'mati *on
.returns include, but are not limited to, the folowin'gi.
Form 1099-1 NT (iritere§.t earned or paid)
Form 10.99_*DIV:(1vid,ep0s. including those from stocks or mutual funds)
Form i 099-MISC,(va'H6 us types e * of Income, pelzes, awards, or.orossplroceeds)
.
Form 1099-B (stock orMutual fund , sales and certain, othpi-transaotions,by
brokers)
* Form 10.9.9-S (proceeds from real estate transactions)
* Form I Q99 -K (merchant card And third party network transactions)
Form -1 098(home mo.rtaage interest), 1098,E (student loan.interest) 1 098�T
(tuition)
# For . rn 1099-C (canceled debt)
A(acouisit.lonorabandonment b property)
orm 1099 f secured pr pe V)
Use For0l, W-9.only if you area U.S.person. (Including a resident -alien), to
p . rovide your correct TIN.
If you, do not return F6rm W-9 to the requester with ,a'TIN, ypo m, t 65 subject
to backup. withholding. See. what Js backup wk
thholaing? on page 2.
By signing the filled=out form, ;you
Certify that the TIN you are giving.18 co,rresot for you are waiting, f number
or a
to bbissubd),
.9. Certify that wu are not subject to baol(up Withholding, or
:3. Clalm bRernpitloin froin ba'okup'withholdirlg if you are a U.S. 'exempt payee. If
applicable, you :are .-also certifying 4ha' tals;.a U.S:. person, your al.locable -share of
anY'parthershio income from a'.U.'S. tr6de:or business is, not subject. to the
withholding.tax on foreign partners' share of effectively connected income, and
4.. Certify that FATCA code(s
entered. on this: form (if any) indicating that, you are
exempt. from the. FATCA reporting, correct. See ft what rep
a TCA Ming? on
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page : � for further information.
Cat. NO. 10231X Form W-9 (Rev. 1.2-1-2.014)
FormRequest for Taxpayer
(Rev. Ortober 2007) Identification Number and Ceftification
Departmont Of U19 1'r-ClaSLIfy
htarn-d Revwuo
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Check appropriate- box: El Individual/Sole. proprietor [X Corporation D_ Partnarshlp Exempt
El Limited liability company, Enter the tax cla�slficaticn (D=dlaredarded -entity, 0=corporatiort, P=pRrtne1%Sh1'P)
F] Other (see instructions) 10-
Address (nUmber, street, and -apt,or
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4305- S U'k "D 0— T own of Los'Altos 11111 Is
City, state, and ZIP code .2-6379 FTemont. Road
%P [ect:50 V1 -�V.V) C, A, 11599 Los Ates Hills,, CA 94022
List account number'(p) Iwo (pptional)
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Enter'your TIN in'the.appropriate box, The TIN provided I'MISt Match the name -given on Line I to -ovoid Social security number
backup withholding.. Far individuals, this is your social security IlUrn'ber (,$ON). H'owe:
ver, for.a resident
alien, sole proprietor, or disregarded. -see the part ,I instructions on page.- 3. For other entit*les, it, 1.8
YOW'amployar identiff oation nUrn-ber '(EIN). If YOU do ndt have a number, sed -How W get a TIN on page 3. or
Note, If the account is in more than one name, see the chart on 0age 4 for bUld'011110S 0.11 W110 -S.0 Employer Idohtification number
numb.or
0- ertification
Under penalties of .perjury, I cartify. that:
'I , The *number shown on- this. for*rnts- rnY correct taxpayor Identification number (or I arn waiting for a number to be N-Uled to me)., End
2, 1 am not subject to backup yvithholding because: (a) I 'am oxiampt from b6okup withh6lding, or (b) I have: not been notified by the InWnal
ReVOM10 Service (IRS) that I. all) subject -to baokup withholdin.0 as a result Of'.a failure to report all interest or dividends, '.Or (c) the IRS has
notified in'e.that I arn 110 10171g'Or SQb1botto bao'kup-withlioldih-g, and
1 arn a U,8- citize'n or oiher U.S, person (defined below).
Certification instructions. YOU 1-nL1$t oross out item 2 above if YOU haV.0 been notified by the IRS that you are currently subject. to JoCICI(LIP
withholding beomise you have failed to. report all Interest and dividends- on your tax return, For refal estate transoofl.ons, itern 2 -does not apply.
For mortgage InWrest pald, aCqUISItiOn or abandonment of geulred property, cancellation of debt, contributions to all individual retirement
arrangement (IRA), and generally, payrne'lits other than.jntere6t and di'vi-dends, you are not required to sign the Certification, but YOU Ir USt
provide ybur correct TIN. See the jnetrLltions oil pa -g6 4.
Sign
Here
General ImAructions
Section references pro to the Internal Revonup, -Coda unless
-otherwise noted,
Purpose of Form
A porson -who is required to file an information return with the
1R.8 rnu,9t obtain your 6orroot taxpayer idonfifloat on humber (TIN)
to report, for example, inoQme paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment -of secured property, Gancoll'ation of -debt, or
oontri*butions you mado to an IRA.
Use Form W'9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, whon applicable, to:
1. Certify that the TIN you are giving Is 0orrect (or you are
waiting for a number to, be Is -sued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exomf)t payoe. If a0pIl6abl-o, you are also oortifyh1g that as o
U,S. porson, your alloceble-shara of any p-,ic.rtnership income from
,<i U.S. trade or business Is not s.ubjeot to the withholding tax on
foreign partners' share of effectively connected incomo,
Note. If a requester gives you a form olhor than Form W-9 to
request your TIN, you must use the mquoster',9 form If it is
substantially similar to this Form'W-9,
mite 110-
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Mfinition Of a U. per�oh. -Fbr f6deral tax purposes, you ,ara
pbrson if you ,are:
An individual who is -a U"S. Qiflzen or U.S. resident alien,
.4 A Partn-ors-hip, corippration, compeiny, ora-8isooiafidn creatod Or
organized In tho United States -or under the laws of the United
stat 6s,
* An estate (other than a foreign estate), or
o A domestio true (;fts defined in Regulations section
:301.7701-7).
Special rulos'for partnerships. Partnerships that conduct
trade or business in the United States are generally required to
pay a withholding fiax on any foreign partnors' sharo of income
from such business, Further. In certain casos where a; -Form W-9
has not been rooelvod, a partnership Is required to presume that
agartner is a foreign person, and pay th'o,withholding tax.
T . refore, if you aro a U.S. person that is a partner in �a
pa rt n e * rship conducting a trado or business in the United States,
provide ovide Form VV -9 to the partners -hip to establish your U.S.
status and avoid withholding on your sharp of partnership
inoome.
The porson who gives- Form W-9 to the partnership for
purposes of estrabils-hing its U.S. status and avoiding withholding
on its aflooable share of not income from the partners'hip
conducting *a trade, or bu-siness In the United .8tatos Is in the
following cases:
# The U.S, owner of a d[sregarded entity and not the entity,
Cat, No. 1025IX Form W-9 (Riqv, 10-2007)
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