1988-001-Authorizing Execution Of Agreement Between The Town And Wilson Engineering Company For Professional Traffic Engineering Services In Connection With Stuft Pizza Use ExpansionRESOLUTION NO. 1988 -1
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND
WILSON ENGINEERING COMPANY
FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES
IN CONNECTION WITH STUFT PIZZA USE EXPANSION
(15525-D LOS GATOS BOULEVARD)
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State
of California, that the TOWN OF LOS GATOS execute that certain agreement (Exhibit
"A ") with Wilson Engineering Company, for traffic engineering consulting services,
and that the Mayor is authorized, and is hereby directed, to execute this agreement
in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND
ADOPTED at
regular meeting of the Town Council of the Town of
Los Gatos
held on
4 day
of January , 1988 by the following vote:
AYES:
COUNCIL
MEMBERS
Joanne Benjamin, Thomas J. Ferrito, Robert
L. Hamilton, Brent N. Ventura, and Mayor
Eric D. Carlson
NOES:
COUNCIL
MEMBERS
None
ABSTAIN:
COUNCIL
MEMBERS
None
ABSENT:
COUNCIL
MEMBERS
None
DSIGNED: Z:7-
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOSd JATOS
EXHIBIT "A"
A G R E E M E N T
BETWEEN THE TOWN OF LOS GATOS AND
THE WILSON ENGINEERING COMPANY
FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES
IN CONNECTION WITH STUFT PIZZA USE EXPANSION - (15525-D LOS GATOS BOULEVARD)
THIS AGREEMENT, made this ,/� "day of .&Eaag 1988, by and
between TOWN OF LOS GATOS, a municipal corporation of the State of California
( "Town "), and the Wilson Engineering Company, ( "Consultant ");
W I T N E S S E T H:
WHEREAS, Town requires traffic engineering services to develop a traffic
study in connection with Stuft Pizza Use Expansion; (Use Permit U- 80- 11 &11A); and
WHEREAS, Consultant represents that it is qualified to furnish such services
in accordance with the terms and conditions hereinafter set forth;
NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT'S SERVICES. Consultant shall furnish those services for the
Project as set forth in Consultant's proposal attached as Exhibit "I ", and
incorporated herein by reference, it being understood that the precise scope
of services required will only become apparent as the work progresses and
Consultant shall perform only those services authorized by the Town Engineer.
2. COMPENSATION. Town shall compensate Consultant as provided for in
Exhibit "I ", for a total cost not to exceed $3,900.00;
3. RECORDS, STATEMENTS, PAYMENT. Consultant shall keep and maintain
accurate records of time devoted to rendering services hereunder. Consultant
shall submit a timely statement of charges which statement shall describe
briefly the services rendered or costs incurred for the overall cost of the
work.
PAGE 2
Consultant's records aforesaid shall be made available to Town at Town's offices
during regular business hours upon request of Town. Payment shall be made by
Town upon submittal of appropriate statements therefor.
4. OWNERSHIP OF DOCUMENTS. All reports, maps, diagrams, data sheets,
studies, photographs, recordings, or other documents or tangible things made or
produced by Consultant in completion of tasks assigned to it shall, upon submis-
sion or delivery thereof to Town, become the property of Town. All preliminary
notes, personal memoranda, research, outlines, draft documents or other documents
or tangible things prepared or used in preparation of matters to be submitted or
delivered upon completion of a task shall remain the property of Consultant.
5. ASSIGNMENT; SUBCONTRACT. Consultant shall not assign its responsibi-
lities under this agreement, except with the written consent of Town.
6. TERM. Consultant shall complete all work provided for in this
1 agreement up to final approval by Town of all work required of applicant by
%. HOLD HARMLESS AND INSURANCE. Consultant shall hold harmless, indemnify
and defend the Town of Los Gatos, its Council, boards, commissions, officers,
employees and agents from any and all claims for liability, losses or damage
arising out of or alleged to arise from Consultant's negligent performance of
this Agreement.
Consultant shall acquire and maintain statutory workers' compensation
insurance coverage. Consultant shall acquire and maintain employers' liability
and comprehensive general liability insurance coverage. The foregoing coverages��
shall name the Town of Los Gatos as an insured. nL s °" and 11
m e. Except for
worker's compensation, each insurance coverage shall be not less than $1,000,000
per occurrence or accident.
8. TERMINATION. Either party hereto may terminate this agreement without
cause by giving the other party not less than two weeks' prior written notice of
such termination. In the event of such termination, Town shall compensate
Consultant for services rendered to the date of termination. Nothing herein
contained shall be deemed to affect the rights of the parties to terminate for
cause, or otherwise to exercise such legal or equitable rights as may accrue to
them.
PAGE 3
9. CONSULTANT'S STATUS. In the performance of the services described
herein, Consultant shall have the status of an independent contractor and
shall shall not be deemed to be an employee, agent or officer of Town.
10. PARAGRAPH HEADINGS. Paragraph headings herein are used for
convenience and shall not be deemed to modify or amend the provisions of the
paragraphs headed thereby.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the date
and year first hereinabove written.
APPROVED AS TO FORM:
Town A to- rney
I�
ATTEST:
City Clerk l -i -g
RJZ: BA: ms
(ENG03:ENG SERV)
TOWN OF LOS GATOS, a municipal
corporation
By: 31e
Town Manager
Mayor of the Town of Los Gatos
THE WILSON ENGINEERING COMPANY
By. / L/
Princi al