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HomeMy WebLinkAboutHexagon Transportation Consultants, Inc. (7)AGREEMENT THIS AGREEMENT is made and entered into on they day of da.n , 2011 by and between the TOWN OF LAS 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. CONM TBAC,T. Shall provide or furnish the following specified services and/or materials: Provide traffic engineering studies on Page Mill Read at Buena Vista Drive and Purissima Road between Viscaino Road and Elena Road, 2. EXHIBITS. The following attached exhibits are hereby Incorporated Into and made a part of this Agreement. Proposal from CONTRACTOR dated January 31, 2011 3, "TERMS. The services acrd/or materials furnished under this Agreement shall commence 2/1/2011 and shall be completed by 311/2011, 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 eight thousand dollars and zero cents ($ 8,000.00) within thirty (30) days following recelpt 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 profession al/€ndustry 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 r of 4 shoriform Vpdnfud 40110 5, GENERAL TERMS AND CONDITIO S 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 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 incl de 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," A 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 Mills, 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 Mills, CA 94022 Town of Los Altos Hlils Pup 2 of 4 Shad farm updolod 4/33110 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, flies, 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 mage 3 of Shan farm updalad OVID 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; aL Town of Los Altos Hills , By. 26379 Fremont Road Sig tore ate Los Altos Hills, CA 94022 G Print name,Title TOWN OF LOS ALTOS HILLS; Ceti Cahill, City Manager 'Date Town of Los Altos Hills Page 4 of 4 Wwrl form Updolod 412111D HROON hOSPOVATION CONSULTANTS, INC January 31, 2011 Mi, Richard Chilr Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 91022 Subject, Proposal to Conduct Two Traffic Lngiueering Studies on Page Mil/ load and Purissitna Road lit Los Altos Hills, California Clear Mr Chiu: Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a stop sign warrant study for Page Mill Road at Buena Vista and a crDsswalk study on Purissima Road near Plena Road. These two studies and their scopes of work are described below. Page Mill Road Stop Sign Study Hexagon and town staff have considered possible ways to address limited sight distance on Page Mill Road at Buena Vista, and the next step is to prepare a formal stop sign warrant study. The study will gather data oil traffre volume and speed, review accident data (to be provided by Los Altos Hills staff), and measure sight distance. Hexagon will consider stop sign warrants included in the Manual of Uniform Trafft Co►it►ol Devleas (MIJTCD)„ The tasks to be included in the analysis for the warrant study are as follows: I - Site Reconnaissance, Hexagon will measure the stopping sight distance in both directions on Page Mill Road for Buena Vista and for Moody Road. 2 Traffic Data Collection. Hexagon will conduct directional speed and volume tube counts on Page Mill Road .just before the curve at Moody Road and on Moody Road and Buena Vista for a one week period so both weekday and weekend traffic volume data are collected Bicycle traffic will be counted and speed estimated on one Saturday moming., 3 Acciderit.tData, The Town of Los Altos Hills will provide the accident history for Page Mill Road and for its intersections with Buena Vista and Moody Road for the past 3 years.. Hexagon will review and Include the data In the warrant analysis.. 4 Stop Sign U.'arraut Anatilsls Hexagon will use the stop sign warrants in the MUTCD to evaluate the intersection of Page Mill Road/Buena Vista/Moody Road for potential stop signs 5 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 Mr. Richard Chlu January 31, 2011 Cage 2 of 3 Purissima Rond Crosswalk Study Los Altos Hills would like an evaluation of the potential to Install a crosswalk on the segment of Purisslma road between Elena (toad and Viscaino Road This road segment also will be evaluated for traffic calming measures because of a sharp turn approximately 800 feet south of Elena Road. The purpose of this analysis is to identify a suitable location for the pedestrian crossing on Purissima Road and also to determine appropriate traffic calming measures to reduce vehicular speed on Purissima Road and to alert drivers to the approaching pedestrian crossing, Hexagon will determine the crosswalk location and associated traffic calming measures that are best suited for the conditions, based on existing vehicular volume, vehicular speed and sight distance measurements. The tasks to be included in the analysis for the project are: 1. ,Site Reconnaissance and Observations The physical characteristics of the segment of Purissima Road between Elena Road and Viscaino Road will be reviewed to identify the existing roadway cross-sections, traffic control devices and signage, and general surroundings. Hexagon will observe existing, traffic conditions and note any special conditions or concerns.. 2. T"rrrffte Dara Collection,. Hexagon will conduct directional speed and volume tube counts at two locations on Purlsima Road for a one week period so both weekday and weekend traffic volume data are collected. .1. Accident Drrta The Town of Los Altos Hills will provide the accident history for Purissima Road in the vicinity of Elena Road and Viscaino Road for the past 3 years Hexagon will review and include the data in the traffic analysis d. Hexagon will identify an appropriate location for the crosswalk on Purissima Road and also determine appropriate traffic calming measures that are needed in the vicinity of the crosswalk., S. 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 for each study will be submitted four weeks after authorization to proceed We are ready to start work immediately upon authorization. 111. W St John Street, Suite 8517 FROM San Jose, California 551.13 t� Phone 408 9716700 Pax 409 9716102 Mr. Richard Chiu January 31, 2011 6�h. Page 3 of 3 Cost of Services The total fee for both studies is quoted for a lump sum amount of $8,000. "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 your consideration of 1- lexagon'Ttansportation Consultants for tills assignment If you have any questions, please do not hesitate to call Thant` you. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC 74--� U - Gary Block President Attachment: Contract Agreement 111 W St John Street, Suite 850 ?,:4'.}I'; San Jose, California 95113 Phone 408,971 6100 fax 408 9716102