HomeMy WebLinkAboutTJKM (2)AGREEMENT
THIS AGREEMENT is made and entered into on the IY-day of 6Ctobeeyt- 1 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:
1) Evaluate visibility for the easbound motorists on Fremont
Road due to sun glare
2) Evaluate traffic and parking conditions at the intersection
of Fremont Road and Fremont Pine Road, and along the
frontage of Gardner Bullis Elementary School
3) Provide feasible solutions that may improve existing
conditions
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated September 23, 2015
3. TERMS. The services and/or materials furnished under this Agreement shall
commence October 5, 2015 and shall be completed by October 30, 2005, 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 Three thousand six
hundred seventy dollars and zero cents ($3,670.00) 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 expense's 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:
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 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. CHANCES. 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 4123/10
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:
Richard Chiu
Public Works Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Short form
Updated 4/23/10
CONTRACTOR:
MW
Signature
09/29/15
Date
Amit Kothari, Director of Parking & Transit
Print name, Title
TOWN OF LOS ALTOS HILLS:
By:
'nal -Ca -hill, CityManager Date
Page 4 of 4
W9
Form.
=
WE �Request for Taxpayer:
(Rartment, of the Treasev..0'ecember 2014) Ident"Ificationdumber'' :andteetifi cation
Deury
internal Revenue Service
1 Name (as. shown pri,your income tax.retum). Name is required on this line..; do not leave. this line blank.
TJ KM
2 Business name/disregarded.entity name, if different from above
cv
rn
ar
Give Form to the
requester. Do not
send to the IRS.
cl.
3 Check appropriate a*te box for federal tax classification; check only orae the: following seven boxes:
4 Exemptions (codes apply only to
a
0Individual/sole
I . propiletor or 0 Corporation S Corporation Partnership E] Trust/estate
certain entities not individuals; see
Instructions onpa ge 3):
0
0
single -member LLC
Limited lability company. Enter the tax Classification (C=C. corporation, S='S corporaflon, P=partnership) 0-
1
Exempt payee code (if any)
0 :3,
Note'. For a single-m6mber:LLC .that is disregarded, do not check LLO; check the appropriate box In the line above .for
tax classification. lassification. of the single -member owner,
Exemption from, FATCA reporting
(if
C:
.the
code any)
T
IL
El Other (see instructions) Oo-
(Applies to accounts maintained outside the U.$.)
5 Address:(number, street, and apt. or suite no.)
Requester's name.and
address, (optional)
4305 Hacienda Drive, Suite 550
Town of Los Altos
Hills
26379 Fremont
6 City,, state,.and ZIP code
Pleasanton, CA 94588
CO
Los Altos Hills,
Road
CA 94022
7 List account number here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box.'The TIPS provided must match the name given on line I to avoid Social security number
backup withholding. For'ind1viduals,:th.is is generally 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
entities, it is your employer identification number (EIN). If youdo not have a number, see How to get a
TIN on page 3. or
Emplo
er identification number
,Note. If the account is in more than. one name, see the instructions for line .1 and tie :c* hart on page 4 fir - Y
guidelines: on whose number to enter. 9 1 4 1 2 1 22.1 3 1 9 .1 5 1 1 1
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form .!ray correct taxoayer identification number. (or I am waiting for a number to be issued to me); and
s
2. 1 am not subject to backup withholding because:, (a) I am exempt frorn'backup, withholding, or (b)1 have not been notified by the Internal Revenue
Service (IRS) that am subject, to backup withholding as'a result of afailure. to report, all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding.; and
3. 1 am. a U.S. citizen or other U.S... person. (defined below); and
4. The FATCA code(s) entered on, this form (ifany) Indicating that I am exempt from FATCA reporting s. correct.
rect.
i
Certification instructions. You. must cross out item 2 above if youhave 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 ta.x return. For real estate transactions, item 2 does not apply. 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 sign. the certification, but you must provide your correct TIN.- Seethe
instructions on page 3.
Sign Signature of
Here U.S. person 0- Date 0-
I S
General Instruo
pbn
p.
Section references are to the Internal Revenue Code unless otherwise noted'.
Future developments. Information about developments affecting Form W-9 (such,
as legislation enacted.after we release it) is at wwwJrs.gov1fW9.
Purpose of Form
An Individual or entity (Form W-9 requester) who Is required to file an information
return with the IRS must obtain your correct taxpayer identification number (TIN)
which may be your social security number (SSN)o individual taxpayer identification
number (ITIN), adoption taxpayer identification number (ATIN), or employer
identification number (EIN), to report an an information return the.amount paid to
you, or other amount reportable on an information return. Examples of Information
returns Include, but are not limited to, the following:
o Form 1099 -INT (interest earned or paid)
e Form 1099 -DIV (dividends, including those from stocks or mutual funds)
a Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
* Form 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
o Form 1099-S (proceeds from real estate transactions)
* Form 1099-K (merchant card and third party network transactions)
*FQrm 1.098 (home, mortgage interest), 1098-E (student loan interest), 1098-T
.
(tuition)
Form 1099-C. (canceled debt)
Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), li6q), to
provide your, correct TIN.
If you do not return Form *9 to the requester with a TIN, you might be subject
to backup withholding. See What Is backup withholding? on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be Issued),
2. Certify that you are not subject to backup withholding, or
3. Claim' exemption from backup withholding if you area U.S. exempt payee.. If
applicable,. you are also certifying that as a U.S. person, your allocable share of
any . partnership income from a U.S. trade 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, is correct. See What Is FATCA reporting? on
page 2 for further information.
Cat. No.10231 X Form W-9 (Rev. 1272014)
September 23, 2015
Richard Chiu
Public Works Director
Town of Los Altos Hills
sent via e-mail
Subject: Proposal for Traffic and Parking Conditions Assessment along Fremont Road at Fremont
Pines Lane
Dear Richard:
Thank you for the opportunity to submit this proposal for an engineering evaluation of the existing traffic and
parking conditions along Fremont Road at Fremont Pines Lane, near the Gardner Bullis Elementary School.
We understand that:
■ The Town is interested in evaluating a parent's concern regarding sun glare that may affect visibility
for the eastbound drivers on Fremont Road in the morning hours.
• The Town desires to evaluate traffic and parking conditions at this intersection and along the school
frontage, and explore solutions that may improve existing conditions.
TJKM has prepared the following Scope of Services that will evaluate existing conditions and identify any
feasible solutions that may improve traffic flow and enhance safety for vehicles, bicyclists and pedestrians.
Scope of Services
Task I: Review of Data. Past Studies and Analysis
TJKM will request relevant data form the Town such as Average Daily Traffic (ADT) volumes, 85th percentile
speeds and accident history in the project area. We will also review any past studies completed within the
last three years.
Task 2: Field Review
We will conduct field observations for the morning and afternoon peak hour of school traffic 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 about 400 feet west of the Fremont Road & Fremont Pines Lane intersection to
about 400 feet east of the School driveway. TJKM will observe movement of auto, pedestrians and bicyclists
and develop potential solutions to improve access and safety for all modes. We will also observe parked
vehicles and their impact on access and safety.
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. 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.
Fremont Rd. (at Gardner Bullis School) Traffic Study
Page 2 of 2
Task 4: Letter Report on Existing Conditions 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. We will also meet with the Town staff, School staff / PTA and the Town
Council as directed by you.
Schedule
TJKM will prepare and submit a draft letter report within three weeks from the Notice to Proceed. The final
report will be submitted within one week from receiving comments from the Town.
Budget
We propose a fixed fee of $3,670 to be billed on a percent complete basis. This amount includes our
services to accomplish the tasks outlined above, including field review, review of existing conditions, up to
two in-person meetings, and preparation of reports. This scope of services and fee do not include detailed
engineering plans and specifications for potential improvements.
We appreciate the opportunity to be of service, and hope to assist you with this important school area safety
project. Should you have any questions, please do not hesitate to contact me at 925.264.5024 or
akothari@tjkm.com
Very truly yours,
Amit Kothari, PE (Traffic)
Director of Parking &Transit