1988-129-Authorizing The Execution Of A Contract For Initial StudiesRESOLUTION NO. 1988 -129
RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR INITIAL STUDIES
(CALIFORNIA ENVIRONMENTAL QUALITY ACT)
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 Contracts for Ini-
tial Studies with Mindigo & Associates, Environmental Science Associates, Inc.,
Larry Seeman Associates, and Earth Metrics, Inc.
FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, that the May-
or is authorized and directed to execute the attached four contracts for Initial
Studies, in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at
a regular meeting held this 20 day of June 1988, by
the following vote:
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton,
Brent N. Ventura & Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Joanne Beniamin
SIGNED: —
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK HE TOWN OF LOS GAT
PLNOI:CONTRACT (pg. 7)
1-N CLERK
AGR: 1 11&
(OF
C)l CONTRACT FOR INITIAL STUDIES
IHH:
(CALIFORNIA ENVIRONMENTAL QUALITY ACT) REC:
ArHtD
This contract is made and entered into on July 1, 1988, by the Town of Los
Gatos (Town) and ESA (Consultant).
The Town, a public agency, is subject to the provisions of the California
Environmental Quality Act. To meet the requirements of the Act the Town wants to
have initial studies (Title 14, California Administrative Code, Section 15080)
made on its behalf. The Consultant is in the business of making such studies.
The parties agree:
1. During the term of the contract the Consultant will prepare for the Town
as many initial studies as the Town requests.
2. There is no promise of any maximum or minimum number of initial study
assignments. In determining whether it can deliver the maximum number
of studies the Town might request, the Consultant relies on its know-
ledge of the needs of the Town and of the Town's history of projects
requiring environmental assessment. Further, the Consultant knows that
the Town is likely to assign initial studies to other consultants, and
might even assign all of its initial studies to other consultants.
3. Assignments are made by the Planning Director of the Town who will, when
he makes the assignment, tell the Consultant what the schedule for com-
pletion will be. If the Consultant is unable to meet the schedule,
he /she will tell the Planning Director before accepting the assignment.
4. All assignments shall be completed within thirty (30) days after receiv-
ing all required materials or data from the Town. If the Consultant
delays in a manner that is either unreasonable or which would cause vio-
lation of any time requirement of statute or established regulation, the
Town may so notify the Consultant and may assign the work to another.
If that happens, the Town will not owe a fee to the consultant.
5. To perform each initial study the Consultant will meet and consult with
members of the Town staff, visit the project site, obtain information
from the applicant and all other reasonably available sources, and sub-
mit the initial study and supporting data or other recommendations to
the Planning Department. Attendance at a Development Review Committee
(DRC) meeting may be required by the Town. The Consultant will prepare
either a negative declaration or a list of subjects to which special at-
tention should be given in a draft environmental impact report.
6. All written materials (except photographs) submitted to the Town shall
be in sets of 25, three hole punched, and in an 8 112" x 11" format.
7. For each initial study, the Town will pay the Consultant a $550.00 fixed
fee, payable in the Town's next issue of warrants following completion
and delivery of the study. However, if it is evident that an initial
study will require very little work on the part of the Consultant or if
extensive technical work will be necessary, in the former instance the
Planning Director may set a lower fee and in the latter the Consultant,
before accepting the assignment, will tell the Planning Director of the
special problems and provide the Director with an estimate and cost
breakdown of the amount of extraordinary work, and the Director may ei-
ther assign the work to another consultant or, under the direction of
the Town Manager, negotiate a higher fee.
8. The Consultant will accept all assignments made through June 30, 1989.
However, the Consultant may terminate his /her obligation to accept
assignments if he /she gives the Planning Director 15 days written notice
of termination.
9. The Town will give the Consultant access to all of the information it
has concerning projects for which assignments are made. If performance
by the Consultant is impossible or unreasonably difficult because of
failure by an applicant to provide information or refusal to permit ac-
cess to land, the Consultant need not perform, but must promptly notify
the Planning Director of the difficulty.
10. The Consultant will keep confidential any information supplied to
him /her by the Town which is designated confidential, regardless of
whether the information might be made public by someone other than the
Consultant.
11. All material and all compilations of information produced by the
Consultant specifically to perform this contract are and remain the
property of the Town regardless of whether it is required to be, or is,
actually delivered to the Town.
12. The Consultant may perform some of his /her obligations under this con-
tract by subcontracting, but may not delegate his /her ultimate responsi-
bility for performance nor assign his /her rights under this contract.
- 2 -
13. The Consultant is not responsible for delay in delivering initial
studies due to fires, strikes, labor disputes or other substantial cause
that the Consultant cannot control. The existence of such cause
justifies extension of time for performance to the extent that is
reasonably necessary, but the Consultant must exercise diligence to com-
plete its work.
14. 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 part 14, (1) a sole proprietorship or business or-
ganization 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, (2) past,
present or future work for the Town itself is not grounds for disquali-
fication when the project is one proposed to be performed by the Town,
and (3) "related" means having, or having formerly had, any identity of
ownership or management.
ATTEST: _
TOWN CLERK
APPROVED AS TO FORM:
TOWN1, ATTY
PLN01:CONTRACT (pp. 2 -5)
- 3 -
TOWN
OF
LOS
GATOS
MAYOR
OTRE
TOWN OF LOS GATOS
CGNS' L � 'dR/
✓/e�iPJ�GS /GY/N1"
r. VVN CLrixx
n_R n
CONTRACT FOR INITIAL STUDIES I,1 is
(CALIFORNIA ENVIRONMENTAL QUALITY ACT) �6C;
010•
This contract is made and entered into on July 1, 1988, by the Town of Los
Gatos (Town) and Earth Metrics (Consultant).
The Town, a public agency, is subject to the provisions of the California
Environmental Quality Act. To meet the requirements of the Act the Town wants to
have initial studies (Title 14, California Administrative Code, Section 15080)
made on its behalf. The Consultant is in the business of making such studies.
The parties agree:
1. During the term of the contract the Consultant will prepare for the Town
as many initial studies as the Town requests.
2. There is no promise of any maximum or minimum number of initial study
assignments. In determining whether it can deliver the maximum number
of studies the Town might request, the Consultant relies on its know-
ledge of the needs of the Town and of the Town's history of projects
requiring environmental assessment. Further, the Consultant knows that
the Town is likely to assign initial studies to other consultants, and
might even assign all of its initial studies to other consultants.
3. Assignments are made by the Planning Director of the Town who will, when
he makes the assignment, tell the Consultant what the schedule for com-
pletion will be. If the Consultant is unable to meet the schedule,
he /she will tell the Planning Director before accepting the assignment.
4. All assignments shall be completed within thirty (30) days after receiv-
ing all required materials or data from the Town. If the Consultant
delays in a manner that is either unreasonable or which would cause vio-
lation of any time requirement of statute or established regulation, the
Town may so notify the Consultant and may assign the work to another.
If that happens, the Town will not owe a fee to the consultant.
5. To perform each initial study the Consultant will meet and consult with
members of the Town staff, visit the project site, obtain information
from the applicant and all other reasonably available sources, and sub-
mit the initial study and supporting data or other recommendations to
the Planning Department. Attendance at a Development Review Committee
(DRC) meeting may be required by the Town. The Consultant will prepare
either a negative declaration or a list of subjects to which special at-
tention should be given in a draft environmental impact report.
6. All written materials (except photographs) submitted to the Town shall
be in sets of 25, three hole punched, and in an 8 1/2" x 11" format.
%. For each initial study, the Town will pay the Consultant a $550.00 fixed
fee, payable in the Town's next issue of warrants following completion
and delivery of the study. However, if it is evident that an initial
study will require very little work on the part of the Consultant or if
extensive technical work will be necessary, in the former instance the
Planning Director may set a lower fee and in the latter the Consultant,
before accepting the assignment, will tell the Planning Director of the
special problems and provide the Director with an estimate and cost
breakdown of the amount of extraordinary work, and the Director may ei-
ther assign the work to another consultant or, under the direction of
the Town Manager, negotiate a higher fee.
8. The Consultant will accept all assignments made through June 30, 1989.
However, the Consultant may terminate his /her obligation to accept
assignments if he /she gives the Planning Director 15 days written notice
of termination.
9• The Town will give the Consultant access to all of the information it
has concerning projects for which assignments are made. If performance
by the Consultant is impossible or unreasonably difficult because of
failure by an applicant to provide information or refusal to permit ac-
cess to land, the Consultant need not perform, but must promptly notify
the Planning Director of the difficulty.
10. The Consultant will keep confidential any information supplied to
him /her by the Town which is designated confidential, regardless of
whether the information might be made public by someone other than the
Consultant.
11. All material and all compilations of information produced by the
Consultant specifically to perform this contract are and remain the
property of the Town regardless of whether it is required to be, or is,
actually delivered to the Town.
12. The Consultant may perform some of his /her obligations under this con-
tract by subcontracting, but may not delegate his /her ultimate responsi-
bility for performance nor assign his /her rights under this contract.
- 2 -
13. The Consultant is not responsible for delay in delivering initial
studies due to fires, strikes, labor disputes or other substantial cause
that the Consultant cannot control. The existence of such cause
justifies extension of time for performance to the extent that is
reasonably necessary, but the Consultant must exercise diligence to com-
plete its work.
14. 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 part 14, (1) a sole proprietorship or business or-
ganization 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, (2) past,
present or future work for the Town itself is not grounds for disquali-
fication when the project is one proposed to be performed by the Town,
and (3) "related" means having, or having formerly had, any identity of
ownership or management.
ATTEST:
eo
TOWN CLER{
APPROVED AS TO FORM:
TOWN ATTORN
PLN01:CONTRACT (pp. 2 -5)
�.3i
TOWN OF GATOS
MAYOR OF THE TOWN OF LOS GATOS
PL �S
CONSULTANT
TU W N CLEAK
AGR: i�
CONTRACT FOR INITIAL STUDIES 1H H:.
(CALIFORNIA ENVIRONMENTAL QUALITY ACT) REC:
61W:
This contract is made and entered into on July 1, 1988, by the Town of Los
Gatos (Town) and Mindigo and Associates (Consultant).
The Town, a public agency, is subject to the provisions of the California
Environmental Quality Act. To meet the requirements of the Act the Town wants to
have initial studies (Title 14, California Administrative Code, Section 15080)
made on its behalf. The Consultant is in the business of making such studies.
The parties agree:
1. During the term of the contract the Consultant will prepare for the Town
as many initial studies as the Town requests.
2. There is no promise of any maximum or minimum number of initial study
assignments. In determining whether it can deliver the maximum number
of studies the Town might request, the Consultant relies on its know-
ledge of the needs of the Town and of the Town's history of projects
requiring environmental assessment. Further, the Consultant knows that
the Town is likely to assign initial studies to other consultants, and
might even assign all of its initial studies to other consultants.
3. Assignments are made by the Planning Director of the Town who will, when
he makes the assignment, tell the Consultant what the schedule for com-
pletion will be. If the Consultant is unable to meet the schedule,
he /she will tell the Planning Director before accepting the assignment.
4. All assignments shall be completed within thirty (30) days after receiv-
ing all required materials or data from the Town. If the Consultant
delays in a manner that is either unreasonable or which would cause vio-
lation of any time requirement of statute or established regulation, the
Town may so notify the Consultant and may assign the work to another.
If that happens, the Town will not owe a fee to the consultant.
5. To perform each initial study the Consultant will meet and consult with
members of the Town staff, visit the project site, obtain information
from the applicant and all other reasonably available sources, and sub-
mit the initial study and supporting data or other recommendations to
the Planning Department. Attendance at a Development Review Committee
(DRC) meeting may be required by the Town. The Consultant will prepare
either a negative declaration or a list of subjects to which special at-
tention should be given in a draft environmental impact report.
6. All written materials (except photographs) submitted to the Town shall
be in sets of 25, three hole punched, and in an 8 112" x 11" format.
%. For each initial study, the Town will pay the Consultant a $550.00 fixed
fee, payable in the Town's next issue of warrants following completion
and delivery of the study. However, if it is evident that an initial
study will require very little work on the part of the Consultant or if
extensive technical work will be necessary, in the former instance the
Planning Director may set a lower fee and in the latter the Consultant,
before accepting the assignment, will tell the Planning Director of the
special problems and provide the Director with an estimate and cost
breakdown of the amount of extraordinary work, and the Director may ei-
ther assign the work to another consultant or, under the direction of
the Town Manager, negotiate a higher fee.
8. The Consultant will accept all assignments made through June 30, 1989•
However, the Consultant may terminate his /her obligation to accept
assignments if he /she gives the Planning Director 15 days written notice
of termination.
9. The Town will give the Consultant access to all of the information it
has concerning projects for which assignments are made. If performance
by the Consultant is impossible or unreasonably difficult because of
failure by an applicant to provide information or refusal to permit ac-
cess to land, the Consultant need not perform, but must promptly notify
the Planning Director of the difficulty.
10. The Consultant will keep confidential any information supplied to
him /her by the Town which is designated confidential, regardless of
whether the information might be made public by someone other than the
Consultant.
11. All material and all compilations of information produced by the
Consultant specifically to perform this contract are and remain the
property of the Town regardless of whether it is required to be, or is,
actually delivered to the Town.
12. The Consultant may perform some of his /her obligations under this con-
tract by subcontracting, but may not delegate his /her ultimate responsi-
bility for performance nor assign his /her rights under this contract.
- 2 -
13. The Consultant is not responsible for delay in delivering initial
studies due to fires, strikes, labor disputes or other substantial cause
that the Consultant cannot control. The existence of such cause
justifies extension of time for performance to the extent that is
reasonably necessary, but the Consultant must exercise diligence to com-
plete its work.
14. 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 part 14, (1) a sole proprietorship or business or-
ganization 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, (2) past,
present or future work for the Town itself is not grounds for disquali-
fication when the project is one proposed to be performed by the Town,
and (3) "related" means having, or having formerly had, any identity of
ownership or management.
ATTEST:
TOWN CLERK
APPROVED AS TO OHM:
OWN ATTO
PLN01:CONTRACT (pp. 2 -5)
- 3 -
TOWN OF LOS GATOS Q
> i-.�
MAYOR OF THE TOWN OF LOS GATOS
0
CON ULTANT
"OWN CREAK
AGR:9, n a
CONTRACT FOR INITIAL STUDIES
(CALIFORNIA ENVIRONMENTAL QUALITY ACT) REC:
._ 1
This contract is made and entered into on July 1, 1988, by the Town of Los
Gatos (Town) and LSA (Consultant).
The Town, a public agency, is subject to the provisions of the California
Environmental Quality Act. To meet the requirements of the Act the Town wants to
have initial studies (Title 14, California Administrative Code, Section 15080)
made on its behalf. The Consultant is in the business of making such studies.
The parties agree:
1. During the term of the contract the Consultant will prepare for the Town
as many initial studies as the Town requests.
2. There is no promise of any maximum or minimum number of initial study
assignments. In determining whether it can deliver the maximum number
of studies the Town might request, the Consultant relies on its know-
ledge of the needs of the Town and of the Town's history of projects
requiring environmental assessment. Further, the Consultant knows that
the Town is likely to assign initial studies to other consultants, and
might even assign all of its initial studies to other consultants.
3. Assignments are made by the Planning Director of the Town who will, when
he makes the assignment, tell the Consultant what the schedule for com-
pletion will be. If the Consultant is unable to meet the schedule,
he /she will tell the Planning Director before accepting the assignment.
4. All assignments shall be completed within thirty (30) days after receiv-
ing all required materials or data from the Town. If the Consultant
delays in a manner that is either unreasonable or which would cause vio-
lation of any time requirement of statute or established regulation, the
Town may so notify the Consultant and may assign the work to another.
If that happens, the Town will not owe a fee to the consultant.
5. To perform each initial study the Consultant will meet and consult with
members of the Town staff, visit the project site, obtain information
from the applicant and all other reasonably available sources, and sub-
mit the initial study and supporting data or other recommendations to
the Planning Department. Attendance at a Development Review Committee
(DRC) meeting may be required by the Town. The Consultant will prepare
either a negative declaration or a list of subjects to which special at-
tention should be given in a.draft environmental impact report.
6. All written materials (except photographs) submitted to the Town shall
be in sets of 25, three hole punched, and in an 8 1/2" x 11" format.
%. For each initial study, the Town will pay the Consultant a $550.00 fixed
fee, payable in the Town's next issue of warrants following completion
and delivery of the study. However, if it is evident that an initial
study will require very little work on the part of the Consultant or if
extensive technical work will be necessary, in the former instance the
Planning Director may set a lower fee and in the latter the Consultant,
before accepting the assignment, will tell the Planning Director of the
special problems and provide the Director with an estimate and cost
breakdown of the amount of extraordinary work, and the Director may ei-
ther assign the work to another consultant or, under the direction of
the Town Manager, negotiate a higher fee.
8. The Consultant will accept all assignments made through June 30, 1989•
However, the Consultant may terminate his /her obligation to accept
assignments if he /she gives the Planning Director 15 days written notice
of termination.
9. The Town will give the Consultant access to all of the information it
has concerning projects for which assignments are made. If performance
by the Consultant is impossible or unreasonably difficult because of
failure by an applicant to provide information or refusal to permit ac-
cess to land, the Consultant need not perform, but must promptly notify
the Planning Director of the difficulty.
10. The Consultant will keep confidential any information supplied to
him /her by the Town which is designated confidential, regardless of
whether the information might be made public by someone other than the
Consultant.
11. All material and all compilations of information produced by the
Consultant specifically to perform this contract are and remain the
property of the Town regardless of whether it is required to be, or is,
actually delivered to the Town.
12. The Consultant may perform some of his /her obligations under this con-
tract by subcontracting, but may not delegate his /her ultimate responsi-
bility for performance nor assign his /her rights under this contract.
- 2 -
13. The Consultant is not responsible for delay in delivering initial
studies due to fires, strikes, labor disputes or other substantial cause
that the Consultant cannot control. The existence of such cause
justifies extension of time for performance to the extent that is
reasonably necessary, but the Consultant must exercise diligence to com-
plete its work.
14. 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 part 14, (1) a sole proprietorship or business or-
ganization 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, (2) past,
present or future work for the Town itself is not grounds for disquali-
fication when the project is one proposed to be performed by the Town,
and (3) "related" means having, or having formerly had, any identity of
ownership or management.
ATTEST:
TOWN CLER
APPROVED AS TO FORM:
1 ✓�T W ATTO
PLN01:CONTRACT (pp. 2 -5)
- 3 -
TOWN OF LOS GATOS
MAYOR OF THE TOWN OF LOS GATOS