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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