Loading...
1988-023-Execute A Contract With The Firm Of ESA, Planning And Environmental Services, For The Purpose Of Developing A Traffic Study For A Requested Office Building Expansion At 666 University AvenueRESOLUTION NO. 1988 -23 RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH THE FIRM OF ESA, PLANNING AND ENVIRONMENTAL SERVICES, FOR THE PURPOSE OF DEVELOPING A TRAFFIC STUDY FOR A REQUESTED OFFICE BUILDING EXPANSION AT 666 UNIVERSITY AVENUE 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 ESA Planning and Environmental Services 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 19 day of January . 1988 by the following vote: AYES: COUNCIL MEMBERS Thomas J. Ferrito Robert L. Hamilton Brent N. Ventura and Vice -Mayor Joanne Benjamin NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Mayor Eric D. Carlson SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS GATO RESOLUTION NO. 1988 -23 RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH THE FIRM OF ESA, PLANNING AND ENVIRONMENTAL SERVICES, FOR THE PURPOSE OF DEVELOPING A TRAFFIC STUDY FOR A REQUESTED OFFICE BUILDING EXPANSION AT 666 UNIVERSITY AVENUE 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 ESA Planning and Environmental Services 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 lg day of January , 1988 by the following vote: AYES: COUNCIL MEMBERS Thomas J. Ferrito Robert L. Hamilton Brent N. Ventura and Vice -Mayor Joanne Benjamin NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Mayor Eric D. Carlson SIGNED: _ aL V C - MAYOR OF THE TOWN OF,L S GATOS ATTEST: CLERK OF THE TOWN OF LOS GATO EXHIBIT "A" A G R E E M E N T BETWEEN THE 'TOWN OF LOS GATOS AND FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES IN CONNECTION WITH PROPOSED OFFICE BUILDING EXPANSION (666 UNIVERSITY AVENUE) THIS AGREEMENT, made this 0 - day of :R jZ} a oty , 1988, by and 7 between TOWN OF LOS GATOS, a municipal corporation of the State of California ( "Town "), and ENVIRONMENTAL SCIENCE ASSOCIATES, INC. ( "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 proposed office building expansion; (Use Permit S- 74 -79B); 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. CONSULT'ANT'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 $2,440.00; 3. RECORDS, STATEMENT'S, 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. "AGE 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. Consultant may retain a copy of the final document for its files and use. 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 agreement up to final approval by Town of all work required of applicant by January 29, 1988. %. 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. Consultant shall acquire and maintain professional liability and errors and omissions coverage. 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: W`aAt Ir Yie—y ATTEST: Town Clerk F RJZ: BA: ms (TC 1 /19- 1 /ENG03) TOWN OF LOS GATOS, a municipal corporation ENVIRONMENTAL SCIENCE ASSOCIATES, INC. By: