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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 n: \dev \Kreines.0 Page 2 of 7 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 n: \devU(reines.0 Page 3 of 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. n: \dev \Kreines.0 Page 4 of 7 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. n: \dev \Kreines.0 page 5 of '7 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. n: \dev \Kreines.0 Page 6 of 7 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 n: \dev \Kreines.0 Page 7 of 7 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