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HomeMy WebLinkAboutTJKM (3)AGREEMENT THIS AGREEMENT is made and entered into on theZI day of hp 2016 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) Provide Traffic Safety Improvements Studies and Recommendations., for Robleda Road and Purissima Road intersection. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated April 14, 2016 3. TERMS. The services and/or materials furnished, un -der this Agreement shall commence and shall be completed by&,,, 11 6,, 7 unless terminated pursuant to ection 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed Three thousand dollars and zero cents ($3,000.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 27 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 CONTRACTORfor 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. NOWDISCRIM I NATION. 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 subm,itted 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 A reement represents the entire ent g agreern 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 By: 0:/19/1 Signature Date ,AmitKoffiari, Director of Parking & Transit P(.jnt name, Title TOWN OF: LOS ALTOS HILLS: fl By: Carl cal-�ill it, iter. Manager Dbte Towil of Los Altos Hills Page 4 of 4 Short form Updated 4/23110 April 14, 2016 Richard Chiu Public Works Director Town of Los Altos Hills sent via e-mail Subject: Proposal for Traffic Safety Improvements at the intersection of Robleda Road and Purissima Road Dear Richard: Thank you for the opportunity to submit this proposal for a traffic safety analysis for the intersection of Robleda Road and Purissima Road. We understand that: ■ The Town is interested in analyzing the existing traffic and geometric conditions and develop improvement alternatives. The key concern is the left -turn movement from Robleda to Purissima. ■ The Town intends to evaluate feasibility of installing 3 -way STOP controls at this intersection TJKM has prepared the following Scope of Services that is aimed at evaluating traffic conditions at the above- mentioned intersection and recommending most effective and feasible improvements that will help the Town achieve its goals of enhanced safety for vehicles, bicyclists and pedestrians. Scope of Services Task 1: Review of Data, Past Studies and Analysis TJKM will request relevant data from the Town such as Average Daily Traffic (ADT) volumes, pedestrian volumes, 85th percentile speeds and accident history in the project area. We will review such information to identify existing traffic safety related problems. Task 2: Field Review and Data Collection While TJKM has made preliminary field observations, we will conduct thorough field observations during peak hours on a normal school day. Additionally, TJKM will collect 24-hour traffic data necessary to analyze if state -adopted warrants for a 3 -Way STOP controls are met or not. 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 provide recommendations in the following areas: • Improvements at the intersection that may include asphalt curbs, relocation of STOP bars and tightening of the intersection, and thereby improving visibility and safety at the intersection. • Addition of signage along Robleda giving advance notice to the drivers of upcoming T intersection. • Feasibility of a 3 -way STOP control at the intersection. If a 3 -Way STOP control is warranted, we will provide conceptual designs that will recommend optimal locations of the STOP signs and STOP bars, and other related improvements. Robleda/Purissima Traffic Study Page 2 of 2 As we develop feasible solutions, we will respect the community's preference for minimal traffic control devices and limited concrete infrastructure. We will explore less -intrusive, low cost improvements that bring noticeable safety benefits. We will utilize state standards and industry best practices as we develop our recommendations. 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. This report will include conceptual drawings documenting existing conditions and any recommended improvements. Schedule TJKM will prepare and submit a draft letter report within four weeks of the Notice to Proceed. The final report will be submitted within one week from receiving comments from the Town. Budget We propose a fee of $3,000 on a "Time and Material" 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 conceptual designs and 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 al<othari@tjl<m.com Very truly, Amit Kothari Director of Parking & Transit WMM9Form (Rev. December 2014) Department of the Treasury Internal Revenue Service N M cq CL 0 �. o o Rr QZ V u CL cn m Request for Taxpayer Give Form to the tdentifica' don Number and Certification requester. Do not send to the IHS. I Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. TJ KM 2 Business name/disregarded entity name, If different from above S Check appropriate box for federal tax classification; check only one of the following seven boxes: ❑ individual/sole proprietor or ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) *- Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single -member owner. ❑ tither (see instructions) ),- 5 5 Address (number, street, and apt, or suite no,) 4305 Hacienda Drive, Suite 550 6 City, state, and ZIP code Pleasanton, CA 94588 7 dist account number(s) here (optional) Taxpayer Identification Number (TIN) 4 Exemptions (codes apply only to certain entities, not Individuals; see Instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies fo accounts maintained oufslde fha U.S) Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For Individuals, this 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 you do not have a number, see Now to get a TIDE on page 3. of Note. If the account is In more than one name, see the Instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. 9 4-F21 2 1 3 1 9 1 5 I 'l 1 5 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 to me); and 2. f am not subject to backup withholding because: (a) I am 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); and 4. The FATCA code(s) entered on this form (if any) indicating that 1 am exempt from FATCA reporting Is correct. 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 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, See the instructions on page 3. Sign Signature of Here U.S. person` Diate 10 - General Instructions 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 t+ vww.irs.govlfw9. Purpose of Forrn An Individual or entity (Form W-9 requester) who is required to file ari Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on. an information return. F-xamples of Information... returns include, but are not limited to, the following: * Form 1099 -INT (interest earned or paid) Form 1099 -DIV (dividends, including those from stocks or mutual funds) *.Form ` 099-MISC (various types of income, prizes, awards, or gross proceeds) a Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) * Form 1093 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) a 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), to provide your'correct TIN. If you do not return Form W-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 ydu are not subject'to-backup withholding, or S. Claim exemption from backup withholding if you are a 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, 10231X Form W-9 (Rev. 12-2014)