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1984-093-Authorizing The Execution Of A Contract For Initial StudiesRESOLUTION NO. 1984 -93 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 that the Mayor is au- thorized and directed to execute the attached Contracts for Initial Studies. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 18th day of June 1984, by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ATTEST: None None SIGNED:�y / /1 --vI'l ° 14A4i1R OF T N L TOS—" CLERK OF THE TOWN OF-Los GATOS CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIR014111ENTAL QUALITY ACT) This contract is made and entered into on TrF'r?- t.' 1984, by the Town of Los Gatos (Town) and Larry Seeman Associates (Consultant). The Town, a public agency, is subject to the provisions of the California En- vironmental 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: i. 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 knowledge of the needs of the Town and of the Town's history of projects requiring en- vironmental assessment. Further, the Consultant knows that the Town is likely to assign initial studies to other consultants, and might even as- sign 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. On receiving an assignment, the Consultant will promptly do the work. If the Consultant delays in a manner that is either unreasonable or which would cause violation 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, present his /her recommendations to the Development Review Committee (DRC) meeting, attendance at the DP,C meeting which may be required by the Town and prepare either a negative declaration or a list of subjects to which special attention should be given in a draft environmental impact report. 6. For each initial study, the Town will pay the Consultant a $400.00 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. 7. The Consultant will accept all assignments made through June 30, 1035. However, the Consultant may terminate his /her obligation to accept assignments if he /she gives the Planning Director 15 days written notice of termination. 8. 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. 9. 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. 10. All material and all compilations of information produced by the Consul- tant specifically to perform this contract are and remain the property of the Town regardless of whether it is required to be, or is, actually de- livered to the Town. 11. 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. -z - 12. 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 exten- sion of time for performance to the extent that is reasonably necessary, but the Consultant must exercise diligence to complete its work. 13. The Consultant must decline assignments on the grounds of conflict of in- terest when the Consultant (1) has done work for the applicant for proj- ect 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 73, (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 con- sidered to be the same as the applicant, (2) past, present or future work for the Town itself is not grounds for disqualification 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. APPROVED AS TO FORM: i TOWN -`AJ IUKd1 Y TOWN OF LOS GATOS r,W OR OF THE N' E kOS GATOS LL "'J CONSULTANT V - 3 - CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT) This contract is made and entered into on iltile L, , 1984, by the Town of Los Gatos (Town) and Earth Metrics Incorporated (Consultant). The Town, a public agency, is subject to the provisions of the California En- vironmental 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 knowledge of the needs of the Town and of the Town's history of projects requiring en- vironmental assessment. Further, the Consultant knows that the Town is likely to assign initial studies to other consultants, and might even as- sign 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 be Pore accepting the assignment. 4. On receiving an assignment, the Consultant will promptly do the work. If the Consultant delays in a manner that is either unreasonable or which would cause violation 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, present his /her recommendations to the Development Review Committee (DRC) meeting, attendance at the DRC meeting which may be required by the Town and prepare either a negative declaration or a list of subjects to which special attention should be given in a draft environmental impact report. G. For each initial study, the Town will pay the Consultant a $400.00 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. 7. The Consultant will accept all assignments made through June 30, 1985. However, the Consultant may terminate his /her obligation to accept assignments if he /she gives the Planning Director 15 days written notice of termination. 8. 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. 9. 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. 10. All material and all compilations of information produced by the Consul- tant specifically to perform this contract are and remain the property of the Town regardless of whether it is required to be, or is, actually de- livered to the Town. 11. 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 - 12. 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 exten- sion of time for performance to the extent that is reasonably necessary, but the Consultant must exercise diligence to complete its work. 13. The Consultant must decline assignments on the grounds of conflict of in- terest when the Consultant (1) has done work for the applicant for proj- ect 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 13, (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 con- sidered to be the same as the applicant, (2) past, present or future work for the Town itself is not grounds for disqualification 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. APPROVED AS TO FORM: � T014N -ATTORNEY TOWN OF LOS GATOS - 3 - CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT) This contract is made and entered into on / 14;; , 1984, by the Town of Los Gatos (Town) and Environmental Scianca Accnciatac,_jnr (Consultant). The Town, a public agency, is subject to the provisions of the California En- vironmental 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 knowledge of the needs of the Town and of the Town's history of projects requiring en- vironmental assessment. Further, the Consultant knows that the Town is likely to assign initial studies to other consultants, and might even as- sign 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. On receiving an assignment, the Consultant will promptly do the work. If the Consultant delays in a manner that is either unreasonable or which would cause violation 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, present his /her recommendations to the Development Review Committee (DRC) meeting, attendance at the DRC meeting which may be required by the Town and prepare either a negative declaration or a list of subjects to which special attention should be given in a draft environmental impact report. 6. For each initial study, the Town will pay the Consultant a $400.00 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. 7. The Consultant will accept all assignments made through June 30, 1985. However, the Consultant may terminate his /her obligation to accept assignments if he /she gives the Planning Director 15 days written notice of termination. S. 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. 9. 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. 10. All material and all compilations of information produced by the Consul- tant specifically to perform this contract are and remain the property of the Town regardless of whether it is required to be, or is, actually de- livered to the Town. 11. 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 - 72. 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 exten- sion of time for performance to the extent that is reasonably necessary, but the Consultant must exercise diligence to complete its work. 13. The Consultant must decline assignments on the grounds of conflict of in- terest when the Consultant (1) has done work for the applicant for proj- ect 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 13, (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 con- sidered to be the same as the applicant, (2) past, present or future work for the Town itself is not grounds for disqualification 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. APPROVED AS TO FORD: TOW �ATTOR U TOWN Or LOS GATOS CONSULTANT - 3 - CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT) This contract is [made and entered into on 1934, by the Town of Los Gatos (Town) and _Mindigo & Associates (Consultant). The Town, a public agency, is subject to the provisions of the California En- vironmental Quality Act. To meet the requirements of the Act the Town wants to have initial studies (Title 14, California Administrative Code, Section 15030) 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 knowledge of the needs of the Town and of the Town's history of projects requiring en- vironmental assessment. Further, the Consultant knows that the Town is likely to assign initial studies to other consultants, and [might even as- sign 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. On receiving an assignment, the Consultant will promptly do the work. If the Consultant delays in a manner that is either unreasonable or which would cause violation 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, present his /her recommendations to the Development Review Committee (DRC) meeting, attendance at the DRC meeting which may be required by the Town and prepare either a negative declaration or a list of subjects to which special attention should be given in a draft environmental impact report. 6. For each initial study, the Town will pay the Consultant a $400.00 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. 7. The Consultant will accept all assignments made through June 30, 1985. However, the Consultant may terminate his /her obligation to accept assignments if he /she gives the Planning Director 15 days written notice of termination. 8. 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. 9. 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. 10. All material and all compilations of information produced by the Consul- tant specifically to perform this contract are and remain the property of the Town regardless of whether it is required to be, or is, actually de- livered to the Town. 11. 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 - 12. 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 exten- sion of time for performance to the extent that is reasonably necessary, but the Consultant must exercise diligence to complete its work. 13. The Consultant must decline assignments on the grounds of conflict of in- terest when the Consultant (1) has done work for the applicant for proj- ect 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 13, (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 con- sidered to be the same as the applicant, (2) past, present or future work for the Town itself is not grounds for disqualification 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. APPROVED AS TO FORM: TOWN-ATTORNEY TOWN OF LOS GATOS - 3 -