1995-098-Authorizing Agreement To Conduct A Community Scoping Meeting In Preparation Of An Environmental Impact Report For Proposed Construction At 50 University Avenue And At Parking Lot 6RESOLUTION 1995 -98
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING AGREEMENT TO CONDUCT A COMMUNITY
SCOPING MEETING IN PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT FOR PROPOSED CONSTRUCTION AT
50 UNIVERSITY AVENUE AND AT PARKING LOT 6
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into an agreement with Kreines &
Kreines, Inc., to conduct a community scoping meeting in preparation of an Environmental Impact
Report and that the Town Manager is authorized, and is hereby directed, to execute said
agreement in the name and in behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17th day of July 1995, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None`
SIGNED:�N �N t
MAYOR OF THE TOWN O LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
r®wN CLERK
AGREEMENT FOR ENVIRONMENTAL ANALYSIS SERVI��,5
4 §:
THIS AGREEMENT is entered into this _ day of , 1995, by and between
the Town of Los Gatos, State of California, herein called the "Town ", and Kreines & Kreines,
Inc., engaged in providing contract services herein called the "Consultant ".
A. The Town is considering undertaking activities pursuant to the provisions in Title 14,
California Administrative Code, Section 15000 et N. (Guidelines for Implementation of
the California Environmental Quality Act) and California Public Resources Code Section
21000 et ems. (California Environmental Quality Act.)
B. The Town desires to engage an environmental consultant to provide the following
environmental services in connection with determinations on the environmental effects of
the following proposed projects:
1. 50 University Avenue
a. Environmental Impact Report EIR -95 -1
b. Zone Change Application Z -95 -1
c. Downtown Specific Plan Amendment DIP -95 -1
Consideration of a zone change application from C -2 -LHP to C -2:PD -LHP, an
amendment to the Downtown Specific Plan to permit construction above the sunken
parking lot, and approval for a preliminary development plan for the rehabilitation
of the Old Town Shopping Complex. Development plans include the demolition
of an existing building containing a restaurant, construction of a new commercial
building intended for restaurant use, conversion of the existing auditorium to retail
space, expansion and reconstruction of the existing buildings, and construction of
a new commercial building with underground parking.
PROPERTY OWNER: Old Town LLC, A California Limited Liability Co.
APPLICANT: Ed Storm
Requesting approval for the construction of an underground parking structure
between W. Main Street and Elm Street on property zoned C -2.
PROPERTY OWNER: Town of Los Gatos
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services.
Consultant shall perform those professional services described in his letter dated July 14,
1995 and attached as Exhibit A.
2. Compensation
Compensation for Consultant's professional services shall not exceed a price of $1,500;
payment to be made at the conclusion of Task 3 as shown on Exhibit A.
3. Standards.
Consultant's work shall be performed in compliance with the requirements of the
Environmental Quality Act of 1970, as amended (Public Resources Code Section 21,000
to 21,177, inclusive), and the Guidelines for Implementation of the California
Environmental Quality Act of 1970 originally certified and adopted by the Secretary of the
California Resources Agency as Administrative Regulations on February 3, 1973, and as
thereafter amended, if applicable.
4• Notices.
Any notice required to be given to Consultant shall be deemed to be duly and properly
given if mailed to Consultant postage prepaid, and addressed to:
Kreines & Kreines, Inc.
58 Paseo Mirasol
Tiburon, CA 94920
or personally delivered to Consultant as such address or such other address as Consultant
designates in writing to Town.
Any notice required to be given to Town shall be deemed to be duly and properly given
if mailed to Town, postage prepaid, and addressed to:
TOWN OF LOS GATOS
Planning Department
P.O. Box 949
Los Gatos, CA 95031
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or personally delivered to Town of such address of such other as Town may designate in
writing to Consultant.
Compliance with Laws.
The Consultant shall comply with all applicable laws, codes, ordinances, and regulations
of governing federal, state and local laws. The Consultant represents and warrants to
Town that it has all licenses, permits, qualifications and approvals of whatsoever nature
which are legally required for Consultant to practice its profession. Consultant represents
and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement any licenses, permits, and approvals
which are legally required for Consultant to practice its profession. Consultant shall
maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the
Town of Los Gatos.
6. Town Property
All materials and compilations of information produced by the Consultant specifically to
perform this Agreement are and remain property of the Town regardless of whether such
materials and compilations are required to be, or are, actually delivered to the Town.
Independent Contractor.
It is understood that the Consultant, in the performance of the work and services agreed
to be performed, shall act as and be an independent contractor and not an agent or
employee of the Town. As an independent contractor he /she shall not obtain any rights
to retirement benefits or other benefits which accrue to Town employee(s). With prior
written consent, the Consultant may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or assign or
transfer interests under this Agreement.
Conflict of Intere t.
The Consultant must decline assignments on the grounds of conflict of interest when the
Consultant: (1) has done work for the applicant for project approval within the preceding
year, or is then doing or reasonably expects to do work for the applicant, or (2) when the
Consultant has done, is doing or reasonably expects to do work for someone other than
the Town concerning the project to be studied. For the purposes of this Item No. 8: (1)
a sole proprietorship or business organization related to the Consultant is considered to be
the same as the Consultant, and a sole proprietorship or business organization related to
an applicant is considered to be the same as the applicant; and (2) past, present or future
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work for the Town itself is not grounds for disqualification when the project is one
proposed to be performed by the Town.
9. Imurance.
A. Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract, a
General Liability insurance policy including errors and omission coverage
insuring him/her and his /her firm to an amount not less than: one million
dollars ($1,000,000) combined single limit per occurrence for bodily
injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
B. General Liability:
i. The Town, its officers, officials, employees, commissions and boards, and
volunteers are to be covered as insureds as respects: liability arising out
of activities performed by or on behalf of the Consultant; products and
completed operations of Consultant, premises owned or used by the
Consultant, or automobiles owned, leased, hired or borrowed by the
Contract.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees, commissions and boards, and
volunteers. Any insurance or self - insurance maintained by the Town, its
officers, officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
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Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees,
commissions or boards, or volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to
state that coverage shall not be suspended, voided, cancelled, reduced in coverage
or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has be given to the Town.
10. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend
the Town, its officers, agents, employees, commissions and boards, and volunteers from
all damages, costs or expenses in law or equity that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which may be occasioned by a willful or negligent act or omission of
the Consultant or any of the Consultant's employees. The Town will not be held liable
for any accident, loss or damage to the work prior to its completion and acceptance.
11. Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder.
12. Governing. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California.
13. Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen (15) days written
notice of termination. In the event of termination, the Consultant shall deliver to the Town
all plans, files, documents, reports, performed to date by the Consultant. In the event of
such termination, the Consultant shall be paid for all satisfactory work, unless such
termination is made for cause, in which event, compensation, if any, shall be adjusted in
light of the particular facts and circumstances involved in such termination.
14. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
the Agreement between the Town and Consultant.
No terms, conditions, understandings or agreements purporting to modify or vary this
Agreement, unless hereafter made in writing and signed by the party to be bound, shall
be binding on either party.
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15. Disputes.
In any dispute over any aspect of this agreement the prevailing parry shall be entitled to
reasonable attorney's fees, as well as all reasonable costs (not limited to those allowed by
statute).
16. Execution. This Agreement may be executed in several counterparts each of which shall
constitute one and the same instrument and shall become binding upon the parties when
at least one copy, here of shall have been signed by both parties hereto. In proving this
agreement, it shall not be necessary to produce or account for more than one such
counterpart.
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IN WITNESS WHEREOF, the Town and Consultant have execute=d this Agreement as of
the date indicated on page one (1).
Town of Los Gatos
David W. Knapp, Town Manager
Town of Los Gatos
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
Consultant
Name
Title
APPROVED AS TO FORM:
Larry Anderson, Town Attorney
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Kt1i11 =6 6 NMLt 14C.J 11'11.. I C -' i
rebw & Kreines
A Califonda Core-
5a Passo Mirasol
Tiburon, CA 94920
Mr. Lee Bowman, Planning Director
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
Dear Lee,
Ju. 1J J.J o•Vo NU.Vu1 r.ui
July 14, 1995
Phone 4154354 M
F" 415435.1522
you have asked me to provide you with the costs associated with the public scoping
community meeting for the Old Town Center Program EM
Task 1 Ted Kreines will attend a public scoping community meeting at a $600
time and location determined by the Town on July 26,1995. I
will provide previously available graphics for overhead projection
at this meeting. The place for the meeting and notice of the
meeting will be provided by the Town.
Tr sk 2 Ted Kreines will attend a Town Council meeting to explain the ' $600
results of the July 26, 1995 scoping meeting. The same graphics
will be available for presentation at that time.
Tick 3 Kreines & Kreines, Inc. will prepare a written report for the Town $300
Council on the July 26, 1995 scoping meeting. I _.
These tasks can all be undertaken together, Task I can be undertaken alone or `. ask 1
can be undertaken with either Task 2 or Task 3.
It is assumed that, since there is no intended developer for this project, all discussion
and presentations will either be generic or from previous developers' concepts.
Sincerely,
i.d Kreines, AICP
v'.rc President
EXHIBIT A