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HomeMy WebLinkAboutHexagon Transportation Consultants, Inc. (5)AGREEMENT THIS AGREEMENT is made and entered into on the Oth dsv of M"Gh 2n11 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: Conduct a Pedestrian Crossing Analysis on Page Mill Road at Matadero Creek Lane and checked for cyclist safetly on new asphalt curb on Page Mill Road at Story Hill Lame.. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated March 2, 2011 3. TERMS. The services and/or materials furnished under this Agreement shall commence 3/7/2011 and shall be completed by 3/2812011, 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 farces/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 4123110 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 ollows: 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 Gity 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 Shon 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 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 Hilts Wage 3 of 4 Short term Updated 4MMO 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 lotm UpdWad 4123110 CO print name, Title TOWN OF LOS ALTOS HILLS_ By.4 0jady 3110111 Carl Cahill, City Manager Date Page 4 of 4 PROON TRANSPORTATION CONSULTANTS, INC. March 2, 2011 Mr. Richard Chiu Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Subject; Proposal to Condt►ct a Pedestrian Crossing A►tal ysls on Page Mill Rotel at Matadero Creek bane in Los Altos Hills, Callforttla Dear Mr. Chiu: Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a pedestrian crossing analysis for a potential new crosswalk on Page Mill Road at Matadero Creek Lane in Los Altos Hills, California. The purpose for the crosswalk is to provide a safe connection between two entrances to an existing trail located on both sides of Page Mill Road at Matadero Creek Lane. The analysis will determine whether a crosswalk at this location is warranted and if there is adequate sight distance based on field measurements. The analysis also will determine the appropriate crosswalk treatments. Traffic volume, vehicle speed and pedestrian count data will be collected. In addition, the recently -installed asphalt curb on Page Mill Road will be checked for cyclist safety. Tire tasks to be included.in the analysis for the project are: Site Reconrtalssance and Observations, The physical characteristics of Page Mill Road and Matadero Creek Lane will be reviewed to identify the existing roadway cross-sections, traffic control devices and signage, and general surroundings.. Sight distance measurements will be taken at the study intersection. Hexagon also will observe existing traffic conditions and note any special conditions or concerns. 2. TrafjicData Collection, Hexagon will conduct directional speed and volume tube counts on Page Mill Road for a one week period so both weekday and weekend traffic volume data are collected. 3. Pedestrirut Data Collection. The number of pedestrians crossing Page Mill Road between the two existing trail access points will be counted on a weekday and on a Saturday for 2 hours each, 4. .Accident Data. The Town of Los Altos Hills will provide the accident history for Page Mill Road in the vicinity of Matadero Creek Lane for the past 5 years. Hexagon will review and include the data in the traffic analysis. Crossrpallr Treatments, Hexagon will determine the appropriate pavement markings and signage tliat would be needed in the vicinity of the crosswalk. 6. .Asphalt Curl. Hexagon will evaluate the newly -installed curb on Page Mill Road to make slue it is located in a position to maximize cyclist safety while also protecting the pedestrian trail.. Mr. Richard Chiu March 2, 2011 Page 2 of 2 Report. Hexagon will present its findings in a draft memo report. Following review and comment on the report by Town staff, Hexagon will produce the final report, Time of Performance Barring any unforeseen delays, a draft memo report will be submitted three weeks after authorization to proceed.. We are ready to stark work immediately upon authorization. Cost of services The total fee for items I through b in the scope of services is quoted for a lump sum amount of $4,000. "Additional Services" shall be provided upon authorization and will be billed separately based on a time and materials basis. This price quote is good for 30 days. This price quote assumes all project -related activities will be completed within one year, Extended project schedules will require additional budget for project administration. We appreciate yore• consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call. Thank you, Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. ad— Gary Black President 111 W. St. John Street, Suite 850 San Jose, California 95113 Phone 408.971.6100 Fax 408.971.6102 Foram 1n Request for Taxpayer Give form to the (Rev October 2007) Identification Number and Certification requester. Do not f)U{aar anehl of too Treaawy Inlernr8 Rfivmue eArwce s A partnership, corporation, company, or association created or organized in the United States or under the laws of the United send to the IRS, States. Name ( shown on your Income tax return) y o An estate (other than a foreign estate), or to report, for example, Income paid to you. real estate transactions, mortgage Interest you paid, acquisition or CL Business name. it 41iflarent from above c Use Farm W 9 only if you are a U S person {including a resident alien), 9 provide your correct TIN to ilia person person rrecn oCheck appropriate box: ❑ Individual/Sale proprietor 9 Corporation ❑ partnership from such business Further, in certain cases where a Form W-9 has not been received, a partnership Is required to presume that 1. Codify that the TiN you are giving is correct (or you are 0--� Limited liability company Enter the tax classification (il=disregarded entity. C=corporation. P�ortnership) P ....... P E) Exam t `O 0 Other (see instrue6cne) I- payee FL Address (number, street. and apt or suite no) i ` r� �` ` �' Requester's Homo and address (optional} ® ""` Town of Los Altos Hills Frotnont Road city state. and 7-113code26379 1 v°i (13Los Altos Hills, CA 9442E t List account number(s) here (optional) WMWM i expayer luentiricauon NUmper TIN -- Sinter your TIN in the appropriate box The TIN provided must match the name given an Une t to avoid snalat security number ��j backup witinholding For individuals, this Is your social security number (SSN) However, for a resident __11 alien. sole proprietor, or disregarded entity, $ea 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 How to get a 77N on page 3 or Note. If ilia account is In more than one name, see the chart on page 4 for guidelines on whose Employer tdentifioation numbberr number to enter -1-1 1 o i -C-1 A ire " l'-1 C I 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 1 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 t am subject to backup withholding as a result of a failure to report all Interest or dividends. or (c) the iRS has notified the that I am no longer subject to backup withholding. and 3 1 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 apply For mortgage Interest paid, aoquisitlog or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, pay ants other than Interest and dividends, you are not required to sign ilia Certification. but you must provide your correct TIN See the in ct no on page 4 SignI Signature ofy .. . Here U.S, person 0- .�LTf - l Onto General Instructiods ` f Definition of a U.S, person. For federal tax purposes. you are Section references are to the internal Revenue Code unless considered a U 5 person if you are; otherwise noted • An individual who is a U S citizen or U S resident alien. Purpose of Form s A partnership, corporation, company, or association created or 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) o An estate (other than a foreign estate), or to report, for example, Income paid to you. real estate transactions, mortgage Interest you paid, acquisition or • A domestic trust (as defined in Regulations section 301 7701-7) abandonment of scoured property. cancellation of debt. or contributions you made to an IRA Special rules for partnerships. Partnerships that conduct a p Use Farm W 9 only if you are a U S person {including a resident alien), 9 provide your correct TIN to ilia person person rrecn trade or business in the United States are generally required to pay a withholding tax on any foreign partners share of income requesting N {the requester) and. applicable. from such business Further, in certain cases where a Form W-9 has not been received, a partnership Is required to presume that 1. Codify that the TiN you are giving is correct (or you are a partner Is a foreign person, and pay the .withholding tax waiting for a number to be Issued). Therefore, if you are a U S person that is a partner In a 2 Certify that you 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 exempt payee If applicable, you are also certifying that as a status and avoid withholding on your share of partnership Income U Sperson your allocable share of any partnership Income from a U S trade or business Is not subject to the withholding tax on The person who gives Farm W-9 to the partnership for foreign partners' share of effectively connected Income purposes of establishing its U S status and avoiding withholding on its allocable share of net Income from the partnership Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If it is conducting a trade or business in the United States is in the following cases: substantially similar to this Form W-9 o The U S owner of a disregarded entity and not the entity. Cat No 10231X Form W-0 (Rev 102007)