1 City Council Regular Meeting Agenda
December 15, 2022
NOTICE TO PUBLIC
Any writings or documents provided to a majority of the City Council regarding any item on the open session portion of this agenda will be made available for public inspection in the City Clerk’s office located at 26379 Fremont Road, Los Altos Hills, California during normal business hours. These materials will also be made available on the City website at www.losaltoshills.ca.gov subject to Staff’s ability to post the documents before the meeting.
NOTE: To protect our constituents, Town officials, and Town staff, the Town requests all members of the public follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City's website at www.losaltoshills.ca.gov This City Council meeting will be conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic. The City Council, staff and members of the public may participate in the meeting virtually via Zoom Video Conference or in person at Town Hall, 26379 Fremont Road, Los Altos Hills, California.
The City Council meeting will be live-streamed on the Town’s website and via zoom at the following location:
https://bit.ly/December15CCMeetingLAH
Webinar ID: 882 9018 8665
Passcode: 94022
Phone: 669 900 6833
Members of the public may attend the meeting in person at the Los Altos Hills City Council Chambers. If attending in person, face coverings for persons who are not vaccinated, and physical distancing will be required until further notice. Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
Public testimony will be taken at the direction of the Mayor and members of the public may only comment during times allotted for public comments.
Town of Los Altos Hills
City Council Regular Meeting Agenda
Thursday, December 15, 2022 at 5:30 p.m.
Council Chambers, 26379 Fremont Road
Los Altos Hills, California
2 City Council Regular Meeting Agenda
December 15, 2022
CALL TO ORDER (5:30 P.M.)
A. Roll Call
1. PUBLIC COMMENT ON CLOSED SESSION (Public Comment is Limited to the Closed Session Item)
2. CLOSED SESSION TO DISCUSS THE FOLLOWING:
A. CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Designated Representatives: George Tyson, Stan Mok and Steve Mattas Unrepresented Employee: City Manager
3. ADJOURN CLOSED SESSION
4. CALL TO ORDER (6:00 P.M.) OPEN SESSION
A. Roll Call
B. Pledge of Allegiance
5. AGENDA REVIEW AND REPORT OUT OF CLOSED SESSION
6. PRESENTATIONS FROM THE FLOOR
Persons wishing to address the Council on any subject not on the agenda may do so now. Please complete a Speaker Card located on the back table of the Council Chambers and submit it to the City Clerk. Comments are limited to two (2) minutes per speaker. California law prohibits the Council from acting on items that do not appear on the agenda. Under a Resolution previously adopted by the Council, such items can be referred to staff for appropriate action, which may include placement on the next available agenda.
7. CONSENT CALENDAR
A. Approval of Regular City Council Meeting Minutes – November 17, 2022 B. Approval of Special City Council Meeting Minutes – November 30, 2022 C. Review of Disbursements: November 1-30, 2022 $1,202,443.66 D. Motion to Re-Authorize Remote Teleconference Meetings of the Town of Los Altos Hills, Including the Planning Commission and Committees, due to the Imminent Risks to the Health and Safety of Attendees and Making Related Findings Pursuant to AB 361 (Staff: S. Mattas)
E. Resolution Accepting the Right-of-Way Dedication at 13051 La Paloma Road along Purissima Road and La Paloma Road Frontages; Lands of Krishnamurthy; File #SD22- 0009 & ER22-0006. CEQA Review: Determination of Exemption per CEQA Guidelines Section 15061(b)(3) (Staff: S. Mangalam)
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December 15, 2022
F. Resolution Authorizing Staff to Advertise Two RFPs for Qualified Consultants for (1) Establishment of Multi-Family Zone and Associated Standards; (2) Preparation of an Environmental Impact Report (EIR) for Housing Element 2023-31 Implementation Including Potential Rezoning (Staff: S. Mangalam)
G. Resolution Authorizing the City Manager to Approve the Purchase of a Mini Track Loader and Accessories (Staff: Public Works)
H. Resolution Authorizing Execution of the 23520 Ravensbury Avenue Sanitary Sewer Main Reimbursement Agreement between the Town of Los Altos Hills and James and Jennifer Doran (Staff: D. Liang)
I. Resolution Approving the Plans and Specifications for the 2022 Sanitary Sewer Repair and Replacement Project and Authorize Staff to Advertise the Project for Bids (Staff: D.
Liang)
J. Adoption (Second Reading) of Ordinance 606 adding Chapter 9 “Leaf Blowers” to Title 5 “Public Welfare, Morals and Conduct” of the Los Altos Hills Municipal Code regulating the use of leaf blowers. CEQA Review: Categorical Exemption Per Section 15061(B)(3) (Staff: Public Works) Motion to Waive Reading and Adopt the Ordinance
8. SPECIAL ITEMS
A. Recognition of Mayor George Tyson
1. Remarks from Mayor Tyson
B. Administration of Oath of Office and Seating of Councilmembers-Elect
1. Comments by New Councilmembers
C. City Council Reorganization
1. Election of New Mayor and administration of Oath of Office
2. Election of New Vice Mayor and administration of Oath of Office
3. Comments by New Mayor and Vice Mayor
D. Presentation of the Lifetime Volunteer Awards to Jitze Couperus, Nancy Couperus, Carol Gottlieb, and Duffy Price
9. PRESENTATION
A. End of Year Status Update on 2022 Council Strategic Goals (Staff: P. Pirnejad)
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December 15, 2022
10. PUBLIC HEARINGS
City Council Ex Parte Contacts Policy Disclosure
A. Adoption of Ordinance 607 (Second Reading) Amending Chapters 1.2 (Residential Code) and 1.8 (Fire Code) of Title 8 (Building Regulations) of the Los Altos Hills Municipal Code and Adopting by Reference Amendments to the 2022 California Building Standards Code Including Local Modifications; CEQA Review: Categorical Exemption Per Section 15061(B)(3) (Staff: S. Mangalam) Motion to Waive Reading and Adopt the Ordinance
11. ADJOURN
Pursuant to Ordinance No. 506, the Council Meeting shall adjourn no later than 10:00 p.m., unless otherwise approved by a majority of the Councilmembers present.
ASSISTANCE FOR PERSONS WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk at 650-941-7222. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Copies of all agenda reports and supporting data are available for inspection at Town Hall, 26379 Fremont Road 72 hours in advance of the meeting.
A complete agenda can be found on the Town’s webpage: http://www.losaltoshills.ca.gov. A complete packet of information is available for inspection during the meeting at the table to the back of the Council Chambers and online. Council may take action on any agendized matter in any manner deemed appropriate by Council. 5247518.1
1 City Council Regular Meeting Minutes
November 17, 2022
Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, November 17, 2022
Council Chambers, 26379 Fremont Road, Los Altos Hills, California CALL TO ORDER (6:00 P.M.)
A. Roll Call
B. Pledge of Allegiance
This meeting was conducted virtually pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) related to conducting public meetings during the COVID-19 pandemic. Mayor Tyson called the City Council Regular Meeting to order at 6:01 p.m.
Present: Mayor George Tyson, Vice Mayor Linda Swan, Councilmember Stanley Q. Mok, Councilmember Lisa Schmidt
Absent: Councilmember Kavita Tankha
Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, Planning and Building Director Sofia Mangalam, Consultant Project Manager Brad Donahue; Administrative Services Director Sarina Revillar, Senior Planner Elaine Ling, Management Analyst II Cody Einfalt, City Clerk Deborah Padovan
1. AGENDA REVIEW
There were no changes to the agenda.
2. PRESENTATIONS AND APPOINTMENTS
A. Introduction of the New Graduates of the Santa Clara County Teen CERT Program Emergency Communications Consultant Ann Hepenstall introduced and recognized the youth CERT members as follows:
Evelyn Aguilar
Jennifer Cruden
Kiefer Chow
Alice Iwashita Akutsu
Kaamya Kalyani
John Thoreson
Danica Kabata
Matthew Carlson
Saarang Bondalapati
Ishani Agarwal
AGENDA ITEM #7.A
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Ms. Hepenstal provided information about the teen CERT. They train teens in emergency preparedness and basic response; provide opportunities to participate in webinars, write reports, be featured in news articles, and speak on behalf of the program. They also help teens develop and broaden their leadership skills and to collaborate with others to benefit their community. There are currently 40 teen CERTs.
B. Appointments to the Los Altos Hills Youth Commission
City Clerk Padovan presented the applications of the seven individuals who applied to serve on the Youth Commission.
MOTION MADE AND SECONDED: Councilmember Schmidt moved to appoint Lauren Barg, Eesha Cholletti, Shinmu Jiang, Marcus Kao, Adam Schauer, Alan Shen, and Peter Shen to the Los Altos Hills Youth Commission. The motion was seconded by Vice Mayor Swan.
MOTION PASSED 4-0-1:
AYES: Tyson, Swan, Mok, Schmidt
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: Tankha
C. Annual Presentation by the Los Altos Hills Youth Commission
Anika Sikka and Mir Bahri, Co-Chairs of the Los Altos Hills Youth Commission, presented the annual report of the commission. The Council received the report and expressed appreciation to the commission for all their hard work this past year. No action was taken.
D. Los Altos Hills Pathways Committee Progress Report
Committee Member Bob Elson presented the progress report on the pathways system. The report was received. No action was taken.
3. PRESENTATIONS FROM THE FLOOR
There were no presentations from the floor.
4. CONSENT CALENDAR
MOTION MADE AND SECONDED: Councilmember Mok moved to approve the Consent Calendar. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 4-0-1:
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November 17, 2022
AYES: Tyson, Swan, Mok, Schmidt
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: Tankha
A. Approval of Regular City Council Meeting Minutes - October 20, 2022
B. Approval of Special Joint City Council/Planning Commission Meeting Minutes – October 26, 2022
C. Review of Disbursements for October 1-31, 2022 $3,165,166
D. Motion to Re-Authorize Remote Teleconference Meetings of the Town of Los Altos Hills, Including the Planning Commission and Committees, due to the Imminent Risks to the Health and Safety of Attendees and Making Related Findings Pursuant to AB 361 (Staff S. Mattas)
E. Receive and Accept Annual Report on Development Impact Fees for Fiscal Year Ended June 30, 2022 (Staff S. Revillar)
F. Resolution 103-22 Accepting the Town of Los Altos Hills Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022 (Staff S. Revillar)
G. Resolution 104-22 Providing Direction on How Staff Shall Negotiate Generator Permit Requests for Telecom Poles in Town (Staff C. Einfalt) H. Response to the Grand Jury Final Report on the use of Language in Ballot Measures (Staff C. Einfalt)
I. Adoption of Ordinance 604 (Second Reading) Amending Chapter 1.10 (Green Building Standards Code) Of Title 8 (Building Regulations) of the Los Altos Hills Municipal Code and Adopt by Reference Regulations that Require the Electrification o New Residential Buildings Based on Special Local Conditions and Adopt Regulations to Require EV Ready Construction for New Residential Buildings and Establish Electric Vehicle Permit Streamlining Process and Timelines (Staff S.
Mangalam)
J. Adoption of Ordinance 605 (Second Reading) Amending Chapters 1 Through 1.11 of Title 8 (Building Regulations) of the Los Altos Hills Municipal Code and Adopting by Reference the 2022 California Building Standards Code, Including but not Limited to Administrative, Building, Residential Building, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, and Referenced Standards, Including Local Modifications and Amendments to the Codes (Staff S. Mangalam) DRAFT
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November 17, 2022
K. Resolution 105-22 Accepting the 2022 Pavement Rehabilitation and Drainage Improvement Project (Staff J. Chau)
L. Resolution 106-22 Accepting Installing New EV Charging Stations, Underground Raceway, Wiring, and Electrical Subpanel at Town Hall and Heritage House Project (Staff Public Works)
M. Resolution 107-22 Accepting Dedication of Pathway (Trail) Easement (Lands of Anderson); 27820 Saddle Court (Staff Public Works)
N. Resolution 108-22 Vacating Existing Trail Easement (Lands of Anderson) 27820 Saddle Court (Staff Public Works)
O. Motion to Authorize Delay in Implementation of a Portion of Ordinance No. 603 Amending Title 2, Chapter 6 – Conflict of Interest – of The Los Altos Hills Municipal Code Related to Designated Standing Committee Members (Staff S. Mattas)
5. NEW BUSINESS
A. Resolution 109-22 Approving the Town of Los Altos Hills E-Signature Policy (Staff S. Revillar)
Administrative Services Director Sarina Revillar presented the staff report.
Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mayor Swan moved to approve Resolution 109-22 Approving the Town of Los Altos Hills E-Signature Policy. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 4-0-1:
AYES: Tyson, Swan, Mok, Schmidt
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: Tankha
B. Resolution 110-22 Amending Section 7.5.4 of the Los Altos Hills Employee Handbook to Update the Employee Work Week and Counter Hours (Staff S. Revillar)
Administrative Services Director Sarina Revillar presented the staff report.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Mok moved to approve Resolution 110-22 Amending Section 7.5.4 of the Los Altos Employee Handbook to DRAFT
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November 17, 2022
Update the Employee Work Week and Counter Hours. The motion was seconded by Vice Mayor Swan.
MOTION PASSED 4-0-1:
AYES: Tyson, Swan, Mok, Schmidt
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: Tankha
C. Introduction (First Reading) of Ordinance 606 Adding Chapter 9 “Leaf Blowers” to Title 5 “Public Welfare, Morals and Conduct” of the Town of Los Altos Hills Municipal Code Regulating the use of Leaf Blowers; and Resolution 111-22 Educating the Public About the Ordinance Regulating the Use of Leaf Blowers (Staff Public Works)
City Manager Peter Pirnejad presented the staff report.
Council discussion ensued.
Public Comment
Cris Schiebold, Los Altos Hills, said he was disappointed to see the details of the ordinance, particularly the hours of operation. He came up with proposed hours of operation that were voted on by the EIC and City Council. He expressed that he would like to see the start time be changed to 8:30 a.m. on weekdays and 9:00 a.m. on Saturdays.
Birgitta Indaco, Los Altos Hills, said she would like to keep the hours to the already set construction hours.
MOTION MADE AND SECONDED: Vice Mayor Swan moved to Waive Reading and Introduce Ordinance 606 Adding Chapter 9 “Leaf Blowers” to Title 5 “Public Welfare, Morals and Conduct” of the Town of Los Altos Hills Municipal Code Regulating the use of Leaf Blowers; and Adopt Resolution 111-22 Educating the Public About the Ordinance Regulating the Use of Leaf Blowers. The motion was seconded by Councilmember Mok.
MOTION PASSED 4-0-1:
AYES: Tyson, Swan, Mok, Schmidt
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: Tankha
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November 17, 2022
D. Consideration of Issues Relating to the Green Sheets and Potential Direction to Staff (Staff: S. Mattas)
City Attorney Steve Mattas presented the staff report.
Council discussion ensued.
Public Comment
Jim Waschura, Los Altos Hills, said codifying the green sheets may not be effective against the state ordinances. He said the money would be better spent on the legislative process, instead of an initiative petition.
Duffy Price, Los Altos Hills, said our neighborhood voices want to be heard to retain local control.
Ann Duwe, Los Altos Hills, said there is a movement throughout the state to sue HCD over the RHNA numbers because they are so high in this particular cycle.
There was consensus to add this topic to the January 2023 Goal Setting Session.
E. Introduction of Ordinance 607 (First Reading) Amending Chapters 1.2 (Residential Code) And 1.8 (Fire Code) of Title 8 (Building Regulations) of the Los Altos Hills Municipal Code and Adopting by Reference Amendments to the 2022 California Building Standards Code Including Local Modifications; CEQA Review: Categorical Exemption Per Section 15061(B)(3) (Staff: S. Mangalam)
Planning Director Sofia Mangalam presented the staff report.
Shane Lauderdale, Principal Consultant, Pyro Analysis, provided information on model fire code language and alternative means for fire protection.
Council discussion ensued.
Brian Glass, Assistant Fire Chief, Santa Clara County Fire Department provided comments and responded to questions.
Public Comment
J. Logan, General Manager, Los Altos Hills County Fire District, said thanks to all for collaboration on revisions to code. In the FY 23-24 proposed budget for the fire district there is funding for a new engine. It is important to get the engine ordered and in the pipeline because of its maneuverability.
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Anne Brask, Director of Planning, Abodu, an ADU company in Redwood City, said she was speaking in support of the adoption of the fire codes and the thought of purchasing smaller fire trucks.
Further Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Schmidt moved to waive reading and introduce Ordinance 607 amending Chapters 1.2 and 1.8 of Title 8 of the LAHMC; adopt by reference the amendments to the California Building Code Standards with local modifications including SCCFD and staff recommended amendments to the Fire Code. The motion was seconded by Vice Mayor Swan.
MOTION PASSED 4-0-1:
AYES: Tyson, Swan, Mok, Schmidt
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: Tankha
6. PUBLIC HEARINGS
► City Council Ex Parte Contacts Policy Disclosure
A. Appeal of Planning Commission’s Denial of Appeal for Conditions of Approval for a Landscape Screening Site Development Approval for a new Residence at 24490 Amigos Court (SD22-0018) to Modify Conditions #2, #3, and #4 for a 36-inch box size minimum for all Screening Trees and eight (8) 36-inch box Canyon Live Oaks along the Northern Property Line (Staff E. Ling)
Mayor Tyson opened the Public Hearing.
Ex Parte: Mayor Tyson said that had a phone call with the appellant, Dr. Wolfe and reviewed his property and spoke with Ms. Wolfe. He had no contact on item 6.B.
Vice Mayor Swan said she had an email exchange with the owner on 6.A and some of the neighbors. There were no other ex parte communications.
Senior Planner Elaine Ling presented the staff report.
Council asked questions of staff and received responses.
Appellant Dr. James Wolfe presented his appeal.
Public Comment
John Aldrich, Landscaping Architect, said that in designing the screening plans for their client they considered Dr. Wolfe’s property and other properties behind and DRAFT
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November 17, 2022
next door. He spoke of trees that would be included that would grow to a height of 25’ to 30’ and will grow together. There are shrubs that will grow from 15’ to 20’ tall.
They have a balance between what the neighbors wants and what their clients want for their house.
Mike Dillon, Los Altos Hills, said this problem could have been rectified at the very beginning by planting a taller variety of tree. The height of the tree should be tall enough to screen the home and the noise.
Lulu Teng and Felix Lo, homeowners, presented their landscaping screen project to the City Council.
MOTION MADE AND SECONDED: Vice Mayor Swan moved to continue the meeting past 10:00 p.m. The motion was seconded by Councilmember Mok.
MOTION PASSED 4-0-1:
AYES: Tyson, Swan, Mok, Schmidt
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: Tankha
Recess at 9:50 pm
Reconvene 9:55 pm
Birgitta Indaco, Los Altos Hills Planning Commissioner, said the applicant showed the plantings, and they have a 26’easement and in the diagram, they show that they had the shrubs in the 26’ easement, which is not allowed. They need to be close to the retaining wall. She said she is available to respond to any questions.
Barry Trost, Los Altos Hills, said he lives at the end of the driveway, and he has concerns about a “tunnel of trees” driveway. It creates a danger because they may have difficulty getting out. He said his view of the world will be shut off based on Dr. Wolfe’s proposal.
David from Kielty Arborist Services, San Mateo, presented a slide that showed trees that provide a lot of screening. What the homeowner is proposing should be sufficient.
Jenny Teng, Los Altos Hills, said she lives in the house next to the subject property and she does not think it is necessary to plant more large oak trees. She expressed concerns about fire hazards.
Kjell Karlsson, Los Altos Hills, when it comes to the metal roofs said that they should be a lot less reflective. That type of roof should be used.
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November 17, 2022
Mayor Tyson closed the Public Hearing.
Council discussion ensued.
MOTION MADE AND SECONDED: Mayor Tyson moved to adopt Resolution 112-22 of the City Council of the Town of Los Altos Hills Denying the Appeal (APL22-0005) of the Planning Commission’s October 6, 2022, Decision on Denying Appeals (APL22-0003 and APL22-0004) and Upholding a Site Development Permit with Landscape Plan Revision 1 for Landscape Screening at 24490 Amigos Court with Conditions of Approval Issued on August 16, 2022, Site Development Public Hearing. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 4-0-1:
AYES: Tyson, Swan, Mok, Schmidt
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: Tankha
B. Approval of a Tentative Map to Create a Two-lot Subdivision of an Existing 2.20 Gross Acre Parcel Located at 27600 Altamont Road (APN 182-028-026). Proposed new Parcel A would be 1.010 acres and the Proposed new Parcel B would be 1.073 acres (Staff S. Mangalam)
Mayor Tyson opened the Public Hearing.
Planning Director Sofia Mangalam presented the staff report.
John Lewis, Los Altos Hills, said it would be a prudent decision to ask the applicant to prove the driveway is safe before proceeding.
Waidy Lee, Los Altos Hills, said there are errors in the speed estimate and line of sight. She asked that the applicant to go back and redo the driveway and fix the error and address how people can make a left turn into the property.
Melanie Griswald, attorney for applicants, said although the applicants are in the business of developing properties, this parcel is where they hope to build their dream homes and live with their families. Nobody has a more vested interest in making sure these driveways are safe than the applicants. Two safety studies have been performed to ensure that the driveway meets all relevant safety standards.
Gary Black, Hexagon Transportation Expert, told Council they did a safety study of the driveway. They have determined the driveway to be safe. The sight distance is adequate and meets the standards.
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Kit Gordon, Los Altos Hills, said the applicant was critical of the traffic study. The traffic study and sight lines will all based on coming out of the driveway. The left turn is concerning. There was no discussion of sight lines from turning left into the driveway.
Mayor Tyson closed the Public Hearing.
Council discussion ensued.
MOTION MADE AND SECONDED: Mayor Tyson moved to adopt Resolution 113-22 making CEQA Exemption and Approving a Tentative Map to Create a TwoLot Subdivision of an Existing 2.20 Gross Acre Parcel located at 27600 Altamont Road. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 4-0-1:
AYES: Tyson, Swan, Mok, Schmidt
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: Tankha
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Mayor Tyson)
No report.
B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
Councilmember Mok suggested reviewing the Technology Committee presentation on broadband from November 16, 2022.
C. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities
Vice Mayor Swan said on Friday, December 2, 2022, the Joint Volunteer Awards luncheon will be held. On Sunday, December 4, 2022, from 2:00 p.m. to 5:00 p.m. the Westwind Barn Lighting will occur. On Thursday, December 8, 2022, the Senior Commission is having a luncheon and presentation on aging in place.
8. STAFF REPORTS
A. City Manager
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City Manager Pirnejad provided the following report:
The Santa Clara County Fire Safe Council is managing the project to update the county’s Community Wildfire Protection Plan (CWPP) with support from partners including CAL FIRE, Santa Clara County Fire, County of Santa Clara Office of Emergency Management, and others. Town staff has been invited to sit on the technical advisory team to help update the plan.
There will be community meetings for the public to provide comments on the CWPP.
The next meeting for Los Altos Hill’s District is:
District 5, Supervisor Simitian
Thursday, December 1, 2022, 6:00 p.m. - 7:30 p.m.
Saratoga Community Center,
19655 Allendale Ave, Saratoga, CA 95070
The Los Altos Hills County Fire District is inviting residents of the town to participate in updates to their 5-year strategic plan. This document will help plan the district’s vision and programs planned for the town. The district is having a community meeting, in-person at the information below:
Thursday, December 1, 2022, 7:00 p.m. - 8:00 p.m.
Gardner Bullis Elementary School, Multi-purpose Room
A postcard was mailed to every resident advertising the broadband survey that GovTechGroup is conducting for the town. Please complete this survey by the first week of December. The data collected in this survey will help the town understand where broadband infrastructure is needed most in the town and possibly allow the town to apply for grants
Staff is working to create a webpage where the community can weigh in on the proposed updates to the standing committee resolution. The goal is to get this webpage up and running by the end of the month.
Town Hall renovation is underway. We apologize for any inconvenience that may have caused. We are fully operational in the Council Chambers for all front-counter assistance such as building permit and plan checks. The Parks and Recreation building continues to remain open. Please be advised that if you are holding or wanting to attend committee meeting in person there are no meeting rooms available in the chambers and the Town Hall is very dusty and uncomfortable.
B. City Attorney
No report.
C. City Clerk
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November 17, 2022
No report.
D. Planning Director
Director Mangalam reported that the draft Housing Element was submitted on October 27, 2022. We are anxiously awaiting a response from HCD.
E. Administrative Services Director
Director Revillar that the town has received the GFOA budget award for excellence in financial reporting for 2022-23. The Council approved the annual comprehensive financial report and there were no findings in the audit.
F. Public Works Director
Project Manager Brad Donohue reported that after the Thanksgiving holiday, the crew will be working on the Briones pathway. Staff will also be working on the annual maintenance work at Purissima Park to get it in shape for springtime. The maintenance team did add a new member to their team, and he is scheduled to start in mid-December. He was finally able to contact the Rule 20 project manager. They have set up an on-site meeting where she can bring her design team, engineers, and estimators after the Thanksgiving holiday.
9. COUNCIL INITIATED ITEMS
There were no Council Initiated Items.
10. ADJOURN
The meeting adjourned at 11:01 p.m.
Respectfully submitted,
Deborah Padovan
City Clerk
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1 City Council Special Meeting Minutes
November 30, 2022
CALL TO ORDER, ROLL CALL
This meeting was conducted virtually pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) related to conducting public meetings during the COVID-19 pandemic. Mayor Tyson called the City Council Special Meeting to order at 2:03 p.m.
Present: Mayor George Tyson, Vice Mayor Linda Swan, Councilmember Stanley Q. Mok, Councilmember Lisa H. Schmidt, Councilmember Kavita Tanka
Absent: None
Staff: City Attorney Steve Mattas, City Manager Peter Pirnejad, City Clerk Deborah Padovan (left at 2:05 p.m.)
1. PUBLIC COMMENT (Public Comment is Limited to Items which are the Subject of the Special Meeting)
There was no public comment.
2. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
TITLE: CITY MANAGER
(Pursuant to Government Code Section 54957)
3. ADJOURN
The meeting adjourned at 4:45 p.m. There was no reportable action from resulting from closed session.
Respectfully submitted,
Deborah Padovan
City Clerk
Town of Los Altos Hills
City Council Special Meeting Minutes
Wednesday, November 30, 2022 – 2:00 p.m.
Fremont Hills Country Club, 12889 Viscaino Pl., Los Altos Hills, CA AGENDA ITEM #7.B
DRAFT
TOWN OF LOS ALTOS HILLS December 15, 2022
Staff Report to the City Council
SUBJECT: NOVEMBER 2022 DISBURSEMENT LISTING
FROM: Sarina Revillar, Administrative Services Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Receive the November 2022 Disbursements Report.
BACKGROUND:
The November 2022 Disbursements Report is submitted to the City Council for transparency.
DISCUSSION:
The disbursements totaled $955,703.58 and Electronic Fund Transfers totaled $246,740.08 with a grand total of $1,202,443.66. The summarized information shown below for payroll and related benefits, as well as other individual items greater than $10,000.
The payments itemized below total $1,071,869.68 or approximately 89% of total disbursements by check or electronic fund transfer for the month.
Amounts Vendors Description of Payments
$183,347.03 ADP- Payroll Services Primarily relates to the biweekly payroll ($70,461.73) and related
payroll taxes ($21,212.43) for the pay
date 11.04.22; and biweekly payroll
($70,391.98) and related payroll taxes
($21,280.89) for the pay date
11.18.22. 116,093.34 CalPERS (retirement and
health), MetLife (dental), and
ICMA (deferred comp)
Employer contributions and
employee withholdings related to
payroll benefits
40,671.00 CSG Consultants Bldg. Inspection, Bldg. Official, Code Enforcement & Construction
Inspection-Annual Resurfacing
Project-CIP
11,976.90 Eaton and Associates IT Services
428,432.52 Interstate Grading & Paving
Inc.
2022 Pavement Rehabilitation &
Drainage - CIP
AGENDA ITEM #7.C
P.P.
S.R.
Staff Report to City Council Page 2
Disbursement Report
December 15, 2022
130,743.13 Meyers Nave City Attorney Services
10,325.00 Pacific Preparedness LLC Emergency & Planning Consulting Services Oct 22
25,481.88 Superion LLC Trak-It Annual Maintenance Fee
2023
25,000.00 Stoller Studio Inc Helix Sculpture
99,798.92 West Bay Sanitary District Sewer Maintenance Services $1,071,869.68 Total Payroll and Related Benefits and Individually Significant Items ≥ $10,000.
ENVIRONMENTAL REVIEW:
The Disbursement report is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines. 2022 CITY COUNCIL STRATEGIC PRIORITIES:
The report is for financial transparency and was not specified as one of the Council’s priorities in 2022.
FISCAL IMPACT:
There is no fiscal impact for the November 2022 Disbursements report.
ATTACHMENTS:
1. November 2022 Disbursements Report by Vendor
Prepared by: Michael Nakamura
11/28/2022 2:36:58 PM Page 1 of 10
Expense Approval Report
Town of Los Altos Hills By Vendor Name
Payment Dates 11/01/2022 - 11/30/2022
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AAA94063 - AAA RENTALS
AAA RENTALS 789571 11/10/2022 CUT OFF SAW16" FOR CORP YA… 061-4300-6404 227.50 AAA RENTALS 789600 11/10/2022 BOOM LIFT 34' & TRAILERTILT16…061-4300-6404 413.00 Vendor AAA94063 - AAA RENTALS Total: 640.50
Vendor: ACCOUNTEMPS90074 - ACCOUNTEMPS
ACCOUNTEMPS 60938744 11/10/2022 E. THARP-PPE 10/21/22 011-1400-6111 2,237.20 ACCOUNTEMPS 61019410 11/15/2022 E Tharp 11/04/2022 011-1400-6111 2,237.20 ACCOUNTEMPS 60645011-11.23.22 11/23/2022 T LAVALEE 08/26/22 011-1400-6111 845.88 Vendor ACCOUNTEMPS90074 - ACCOUNTEMPS Total: 5,320.28
Vendor: AG94551 - AG SECURITY SERVICES, INC.
AG SECURITY SERVICES, INC. S116339 11/10/2022 SHOWED CUSTOMER HOW TO … 061-1480-6118 350.00 Vendor AG94551 - AG SECURITY SERVICES, INC. Total: 350.00 Vendor: ATKINS94023 - ALEXANDER ATKINS DESIGN INC
ALEXANDER ATKINS DESIGN INC 8214 11/10/2022 CREATIVE&EDITORIAL, COMPU… 011-1700-6304 6,250.00 Vendor ATKINS94023 - ALEXANDER ATKINS DESIGN INC Total: 6,250.00 Vendor: AMAZON30353 - AMAZON
AMAZON 566576465584 11/08/2022 ENERGIZER AA BATTERIES, DOU…011-1000-6398 64.62 AMAZON 444394756597 11/10/2022 VALGUS STAINLESS STEEL, BAN… 061-1480-6398 707.05 AMAZON 636466943565 11/10/2022 MOOTIKAR GET RID OF CROWS… 061-4300-6398 85.12 AMAZON 648879767976 11/10/2022 OEF FURNISHINGS PRESENTATI… 061-1480-6398 201.58 AMAZON 834898748937 11/10/2022 FARGO PRINTER YMCKO COLOR…011-1300-6301 118.95 AMAZON 854789975339 11/10/2022 WIRELESS DOORBELL WITH MU… 061-1480-6398 29.02 Vendor AMAZON30353 - AMAZON Total: 1,206.34
Vendor: ANIMAL95037 - ANIMAL DAMAGE MANAGEMENT
ANIMAL DAMAGE MANAGEME… 260497 11/10/2022 MONTHLY PEST CONTROL 09/2… 011-5100-6130 325.00 Vendor ANIMAL95037 - ANIMAL DAMAGE MANAGEMENT Total: 325.00 Vendor: ANTILLON01 - ANTILLON, OSCAR
ANTILLON, OSCAR 05.18.22-01 11/23/2022 WELLNESS REIMB O ANTILLON 5…061-1480-6030 375.00 Vendor ANTILLON01 - ANTILLON, OSCAR Total: 375.00
Vendor: ATTMOBILITY - AT&T MOBILITY
AT&T MOBILITY X10102022 11/10/2022 ACT# 287319629759 WIRELESS …011-1200-6362 26.67 Vendor ATTMOBILITY - AT&T MOBILITY Total: 26.67
Vendor: BAYSCAPE01 - BAYSCAPE MANAGEMENT, INC.
BAYSCAPE MANAGEMENT, INC. 27408 11/10/2022 FREMONT ROAD PATH OCTOBE… 011-4740-6125 3,000.00 BAYSCAPE MANAGEMENT, INC. 27408 11/10/2022 FH COLLEGE & EL MONTE PEDE… 011-4740-6125 1,900.00 BAYSCAPE MANAGEMENT, INC. 27408 11/10/2022 ATRASTRADERO PATH OCTOBER…011-4740-6125 600.00 BAYSCAPE MANAGEMENT, INC. 27408 11/10/2022 EDITH PARK OCTOBER 2022 011-5100-6122 750.00 BAYSCAPE MANAGEMENT, INC. 27408 11/10/2022 WWC BARN OCTOBER 2022 011-5300-6122 1,500.00 Vendor BAYSCAPE01 - BAYSCAPE MANAGEMENT, INC. Total: 7,750.00 Vendor: BEAR95002 - BEAR ELECTRICAL SOLUTIONS, INC.
BEAR ELECTRICAL SOLUTIONS, I… 17114 11/21/2022 TRAFFIC SIGNAL MAINTENANCE…011-4600-6145 551.25 Vendor BEAR95002 - BEAR ELECTRICAL SOLUTIONS, INC. Total: 551.25 Vendor: BELLECCI01 - BELLECCI & ASSOCIATES INC
BELLECCI & ASSOCIATES INC 20065-R 11/10/2022 UUD EL MONTE FIRE STATION … 041-6900-6206 2,405.50 Vendor BELLECCI01 - BELLECCI & ASSOCIATES INC Total: 2,405.50 Vendor: BSK01 - BSK ASSOCIATES
BSK ASSOCIATES 0100465 11/10/2022 MATERIALS LABORATORY SERV… 046-6900-6199 1,164.75 Vendor BSK01 - BSK ASSOCIATES Total: 1,164.75
Expense Approval Report Payment Dates: 11/01/2022 - 11/30/2022 11/28/2022 2:36:58 PM Page 2 of 10
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CCELECTRIC01 - C&C ELECTRIC INC
C&C ELECTRIC INC 03 11/15/2022 Town Hall EV Charging Stations 041-6900-6622 3,211.00 Vendor CCELECTRIC01 - C&C ELECTRIC INC Total: 3,211.00
Vendor: CBSC95833 - CALIFORNIA BUILDING STANDARDS COMMISSION CALIFORNIA BUILDING STANDA… CABUILDING110722 11/10/2022 JULY-SEPTEMBER 2022 FEES CO…011-0000-2004 1,010.00 CALIFORNIA BUILDING STANDA… CABUILDING110722 11/10/2022 JULY-SEPTEMBER 2022 FEES SEI…011-0000-4685 -101.00 Vendor CBSC95833 - CALIFORNIA BUILDING STANDARDS COMMISSION Total: 909.00 Vendor: CONSERVATION95814 - CALIFORNIA DEPARTMENT OF CONSERVATION CALIFORNIA DEPARTMENT OF … CACONSERVATION110722 11/10/2022 JULY-SEPT 2022 INSTRUMENTAT…011-0000-2002 2,974.45 CALIFORNIA DEPARTMENT OF … CACONSERVATION110722 11/10/2022 JULY-SEPT 2022 SEISMIC EDUC… 011-0000-4685 -148.72 Vendor CONSERVATION95814 - CALIFORNIA DEPARTMENT OF CONSERVATION Total: 2,825.73 Vendor: CADOT95816 - CALIFORNIA DEPARTMENT OF TRANSPORTATION CALIFORNIA DEPARTMENT OF … SL230168 11/10/2022 SIGNALS & LIGHTING BILLING J… 011-4600-6145 1,730.30 Vendor CADOT95816 - CALIFORNIA DEPARTMENT OF TRANSPORTATION Total: 1,730.30 Vendor: CINTAS- UNIFORMS - CINTAS CORPORATION
CINTAS CORPORATION 4134881611 11/10/2022 HOUSEKEEPING 10/20/22 061-1480-6123 294.62 CINTAS CORPORATION 4134881611 11/10/2022 UNIFORMS 10/20/22 061-4300-6324 151.95 CINTAS CORPORATION 4135593681 11/10/2022 HOUSEKEEPING 10/27/22 061-1480-6123 146.18 CINTAS CORPORATION 4135593681 11/10/2022 UNIFORMS 10/27/22 061-4300-6324 151.95 CINTAS CORPORATION 4136276421 11/10/2022 UNIFORMS 11/03/22 061-1480-6123 146.27 CINTAS CORPORATION 4136276421 11/10/2022 UNIFORMS 11/03/22 061-4300-6324 151.86 CINTAS CORPORATION 4136972783 11/22/2022 UNIFORMS & HOUSEKEEPING 061-1480-6123 146.18 CINTAS CORPORATION 4136972783 11/22/2022 UNIFORMS & HOUSEKEEPING 061-4300-6324 151.95 Vendor CINTAS- UNIFORMS - CINTAS CORPORATION Total: 1,340.96 Vendor: COMCAST LOCAL ACCTS - COMCAST
COMCAST 0016749-10/17/22 11/10/2022 ACT# 8155200160016749 10/2… 061-1480-6310 259.58 Vendor COMCAST LOCAL ACCTS - COMCAST Total: 259.58
Vendor: COOPER01 - COOPER, CLAIRE ELIZABETH
COOPER, CLAIRE ELIZABETH 11.08.22 11/15/2022 Regular City Council Minutes Pr… 011-1300-6209 250.00 Vendor COOPER01 - COOPER, CLAIRE ELIZABETH Total: 250.00 Vendor: CORELOGIC75284 - CORELOGIC INFORMATION SOLUTIONS, INC.
CORELOGIC INFORMATION SOL… 30636970 11/15/2022 RQ2 Flat Fee Limited Package 011-3100-6338 103.00 CORELOGIC INFORMATION SOL… 30636970 11/15/2022 RQ2 Flat Fee Limited Package 011-3200-6338 103.00 Vendor CORELOGIC75284 - CORELOGIC INFORMATION SOLUTIONS, INC. Total: 206.00 Vendor: COTTON95030 - COTTON SHIRES & ASSOC, INC.
COTTON SHIRES & ASSOC, INC. 822196 11/18/2022 PROF. SVCS - E SUNSET DR WID… 046-6900-6206 5,183.40 Vendor COTTON95030 - COTTON SHIRES & ASSOC, INC. Total: 5,183.40 Vendor: SCCENVIRONMENTAL - COUNTY OF SANTA CLARA - DEPT. OF ENVIRONMENTAL HEALTH COUNTY OF SANTA CLARA - DE… IN268706 11/10/2022 AR1318526 ENVIRONMENTAL … 011-3300-6315 633.00 Vendor SCCENVIRONMENTAL - COUNTY OF SANTA CLARA - DEPT. OF ENVIRONMENTAL HEALTH Total: 633.00 Vendor: CSG94404 - CSG CONSULTANTS INC
CSG CONSULTANTS INC 46949 11/10/2022 LAH 2022 ANNUAL RESURFACI… 046-6900-6199 12,450.00 CSG CONSULTANTS INC 46956 11/10/2022 CODE ENFORCEMENT SERVICES 011-3120-6111 9,680.00 CSG CONSULTANTS INC 46956 11/10/2022 BUILDING OFFICIAL SERVICES 011-3200-6111 1,298.50 CSG CONSULTANTS INC 46956 11/10/2022 BUILDING INSPECTION SERVICE 011-3200-6199 17,242.50 Vendor CSG94404 - CSG CONSULTANTS INC Total: 40,671.00
Vendor: CURTIS95126 - CURTIS HORTICULTURE, INC.
CURTIS HORTICULTURE, INC. 20385 11/10/2022 OCTOBER 2022 LANDSCAPE MA…061-1480-6122 1,860.00 Vendor CURTIS95126 - CURTIS HORTICULTURE, INC. Total: 1,860.00 Vendor: DAILY94301 - DAILY POST
DAILY POST 81943 11/10/2022 ADD# 92267 ON 10/08/22 TEXT…011-3100-6207 337.50 DAILY POST 81944 11/21/2022 AD# 92268 3X9.5 10/8/2022 011-3100-6207 356.25 DAILY POST 81945 11/22/2022 AD# 92374 10/22/2022 011-3100-6207 150.00 Vendor DAILY94301 - DAILY POST Total: 843.75
Vendor: EATON03 - EATON AND ASSOCIATES
EATON AND ASSOCIATES 87488 11/10/2022 APC UPS 1350VA UPS BATTERY … 061-1480-6398 249.90
Expense Approval Report Payment Dates: 11/01/2022 - 11/30/2022 11/28/2022 2:36:58 PM Page 3 of 10
Vendor Name Payable Number Post Date Description (Item) Account Number Amount EATON AND ASSOCIATES 87538 11/10/2022 ELEVATE IT MANAGED SERVICES…061-1480-6111 11,727.00 Vendor EATON03 - EATON AND ASSOCIATES Total: 11,976.90
Vendor: SIGNIFICANT95125 - ECAPITAL COMMERCIAL FINANCE GROUP ECAPITAL COMMERCIAL FINAN… 111081 11/10/2022 JANITORIAL SVC OCTOBER 22 - L…011-5300-6123 395.00 ECAPITAL COMMERCIAL FINAN… 111083 11/10/2022 JANITORIAL SERVICE OCTOBER … 061-1480-6123 405.00 ECAPITAL COMMERCIAL FINAN… 111413 11/15/2022 1cs Toilet Tissue, 8-1gal Soap, 3… 061-1480-6123 280.52 Vendor SIGNIFICANT95125 - ECAPITAL COMMERCIAL FINANCE GROUP Total: 1,080.52 Vendor: EINFALT94022 - EINFALT, CODY
EINFALT, CODY EINFALT110722 11/10/2022 MMANC CONFERENCE MILEAG… 011-1200-6308 107.75 EINFALT, CODY EINFALT110722 11/10/2022 REGISTRATION CHARGES ON D… 011-1200-6308 -450.00 EINFALT, CODY EINFALT110722 11/10/2022 MMANC CONFERENCE DINNER …011-1200-6308 28.58 EINFALT, CODY EINFALT110722 11/10/2022 MMANC CONFERENCE DINNER …011-1200-6308 35.78 EINFALT, CODY EINFALT110722 11/10/2022 MMANC CONFERENCE HOTEL 011-1200-6308 755.04 EINFALT, CODY EINFALT110722 11/10/2022 MMANC CONFERENCE DINNER …011-1200-6308 21.12 EINFALT, CODY EINFALT110722 11/10/2022 MMANC CONFERENCE REGISTR…011-1200-6309 450.00 Vendor EINFALT94022 - EINFALT, CODY Total: 948.27
Vendor: FELDMAN02 - FELDMAN, REVA
FELDMAN, REVA 2022 LAH-4 11/10/2022 CONSULTING SVCS NOVEMBER …011-1200-6199 2,500.00 Vendor FELDMAN02 - FELDMAN, REVA Total: 2,500.00
Vendor: GARDENLAND95008 - GARDENLAND CENTER INC.
GARDENLAND CENTER INC. 965719 11/10/2022 CARBURETOR 4282/1, CHOKE K… 061-4300-6117 400.64 GARDENLAND CENTER INC. 965720 11/10/2022 NOTCH THROW, 150' TARGET T… 061-4300-6398 45.87 Vendor GARDENLAND95008 - GARDENLAND CENTER INC. Total: 446.51 Vendor: GLOBAL90030 - GLOBALSTAR INC.
GLOBALSTAR INC. 39876410 11/10/2022 MONTHLY ACTIVITY GALAXY 18… 021-6100-6362 3,081.63 Vendor GLOBAL90030 - GLOBALSTAR INC. Total: 3,081.63
Vendor: GRANITE95077 - GRANITEROCK
GRANITEROCK 2057976 11/10/2022 BUILDING MATERIALS 10/20/20…041-6900-6622 1,390.00 Vendor GRANITE95077 - GRANITEROCK Total: 1,390.00
Vendor: GREEN95112 - GREENWASTE RECOVERY INC
GREENWASTE RECOVERY INC 030495 11/10/2022 YARDWASTE 09/2022 011-0000-1110 4,738.60 Vendor GREEN95112 - GREENWASTE RECOVERY INC Total: 4,738.60 Vendor: HDL91765 - HDL COREN & CONE
HDL COREN & CONE SIN022286 11/10/2022 CONTRACT SVC PROPERTY TAX:… 011-1400-6199 1,617.04 Vendor HDL91765 - HDL COREN & CONE Total: 1,617.04
Vendor: HERNANDEZ02 - HERNANDEZ, JUAN
HERNANDEZ, JUAN EP20-0094 11/10/2022 REFUND DEPOSIT 25383 LA RE… 011-0000-2301 649.00 Vendor HERNANDEZ02 - HERNANDEZ, JUAN Total: 649.00
Vendor: HUANG06 - HUANG, SABRINA
HUANG, SABRINA HEALING101822 11/10/2022 SOUND HEALING OCTOBER SESS…011-4110-6111 147.00 Vendor HUANG06 - HUANG, SABRINA Total: 147.00
Vendor: ICMA - ICMA Retirement Corp (Vantage Pt)
ICMA Retirement Corp (Vantage…100276-PD 11.04.22 11/10/2022 PPE 11.04.22 PLAN 100276 - 40… 061-0000-2204 1,253.84 ICMA Retirement Corp (Vantage…100316 -PD 11.04.22 11/10/2022 PPE 11.04.22 PLAN 100316 - 41… 061-0000-2204 6,879.16 ICMA Retirement Corp (Vantage…304465-PD 11.04.22 11/10/2022 PPE 11/04/2022 PLAN 304465 061-0000-2204 7,528.19 ICMA Retirement Corp (Vantage…100276-PD 11/18/22 11/18/2022 PPE 11/18/22 401A CONT & ER… 061-0000-2204 1,253.84 ICMA Retirement Corp (Vantage…100316-PD 11/18/22 11/18/2022 PPE 11/18/22 41A ER MATCH &…061-0000-2204 6,895.01 ICMA Retirement Corp (Vantage…304465-PD 11/18/22 11/18/2022 PPE 11/18/22 ICMA-RC & SCU … 061-0000-2204 7,512.01 ICMA Retirement Corp (Vantage…100276-PD 10/07/22 11/21/2022 PPE 10/07/22 401A CONT & ER… 061-0000-2204 1,253.84 ICMA Retirement Corp (Vantage…100316-PD 10/07/22 11/21/2022 PPE 10/07/22 401A ER MATCH … 061-0000-2204 7,295.04 ICMA Retirement Corp (Vantage…304465-PD 10/07/22 11/21/2022 PPE 10/07/22 PLAN 304465 061-0000-2204 7,482.08 Vendor ICMA - ICMA Retirement Corp (Vantage Pt) Total: 47,353.01 Vendor: INTERSTATE01 - INTERSTATE GRADING & PAVING, INC.
INTERSTATE GRADING & PAVIN… 02-220901 11/10/2022 JOB 2022 PAVEMENT REHABILI… 046-6900-6151 428,432.52 Vendor INTERSTATE01 - INTERSTATE GRADING & PAVING, INC. Total: 428,432.52
Expense Approval Report Payment Dates: 11/01/2022 - 11/30/2022 11/28/2022 2:36:58 PM Page 4 of 10
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: INTERSTATE94070 - INTERSTATE TRAFFIC CONTROL PRODUCTS, INC.
INTERSTATE TRAFFIC CONTROL …253587 11/10/2022 PAINT RED CURB AND BLUE 061-4300-6399 326.65 INTERSTATE TRAFFIC CONTROL …253951 11/21/2022 CIP SIGN REPLACEMENT 041-6900-6341 2,207.19 Vendor INTERSTATE94070 - INTERSTATE TRAFFIC CONTROL PRODUCTS, INC. Total: 2,533.84 Vendor: KIA02 - KIA MOTORS FINANCE
KIA MOTORS FINANCE 89147--09/25/22 REISSUE 11/10/2022 2022 KIA NIRO EV ACT#221508… 041-6910-6616 361.02 KIA MOTORS FINANCE 89147-10/26/22 11/10/2022 2022 KIA NIRO EV ACT# 221508… 041-6910-6616 377.60 KIA MOTORS FINANCE 9803-10/26/22 11/10/2022 2022 KIA NIRO EV ACT# 221508… 041-6910-6616 377.60 Vendor KIA02 - KIA MOTORS FINANCE Total: 1,116.22
Vendor: LAUDERDALE01 - LAUDERDALE, JARED SHANE dba PRYOANALSIS LAUDERDALE, JARED SHANE dba…314 11/21/2022 DEVELOPMENT SOLUTIONS & F… 011-3200-6111 4,716.00 Vendor LAUDERDALE01 - LAUDERDALE, JARED SHANE dba PRYOANALSIS Total: 4,716.00 Vendor: LAHARDWARE94022 - LOS ALTOS HARDWARE INC
LOS ALTOS HARDWARE INC 17801/1 11/10/2022 SCREW, HEX ANCHOR 061-4300-6118 68.71 LOS ALTOS HARDWARE INC 17801/1 11/10/2022 COLORFUL WILDFLOWERS, SCA… 061-4300-6122 32.59 LOS ALTOS HARDWARE INC 17820/1 11/10/2022 CUTKEY 061-4300-6118 9.04 LOS ALTOS HARDWARE INC 17820/1 11/10/2022 SCATTER CAN POPPIES; RAINB… 061-4300-6122 31.50 LOS ALTOS HARDWARE INC 17884/1 11/10/2022 4PK 12-10 SOLDER SPLICE 10/26…011-5100-6118 9.81 LOS ALTOS HARDWARE INC 18215/1 11/21/2022 PROPANE FOR CORP YARD 061-4300-6399 58.80 Vendor LAHARDWARE94022 - LOS ALTOS HARDWARE INC Total: 210.45 Vendor: CRIER94022 - LOS ALTOS TOWN CRIER
LOS ALTOS TOWN CRIER 68278 11/10/2022 11/02/22 LEGALS 1X27" 214-T, … 011-1300-6207 337.50 Vendor CRIER94022 - LOS ALTOS TOWN CRIER Total: 337.50
Vendor: LYNGSO94063 - LYNGSO GARDEN MATERIALS, INC.
LYNGSO GARDEN MATERIALS, I… 16382 11/10/2022 CONNECTICUT BLUE WATER W… 011-5300-6122 330.63 Vendor LYNGSO94063 - LYNGSO GARDEN MATERIALS, INC. Total: 330.63 Vendor: LYNX95010 - LYNX TECHNOLOGIES, INC.
LYNX TECHNOLOGIES, INC. 9729 11/16/2022 GIS professional services Sept a… 011-3100-6199 2,250.00 Vendor LYNX95010 - LYNX TECHNOLOGIES, INC. Total: 2,250.00 Vendor: MERIDIAN94303 - MERIDIAN I.D.
MERIDIAN I.D. 3547 11/10/2022 YOUTH COMMISSION TEE 10/3… 011-4110-6398 599.45 Vendor MERIDIAN94303 - MERIDIAN I.D. Total: 599.45
Vendor: METRO94002 - METRO MOBILE COMMUNICATIONS INC.
METRO MOBILE COMMUNICAT… 221124 11/10/2022 METRONET VHF REPEATER 8 P… 061-4300-6362 160.00 Vendor METRO94002 - METRO MOBILE COMMUNICATIONS INC. Total: 160.00 Vendor: METLIFE64180 - METROPOLITAN LIFE INSURANCE COMPANY METROPOLITAN LIFE INSURAN… TS05957300-11.14.22 11/18/2022 Dental Insurance TS05957300 1…061-0000-2233 5,347.28 Vendor METLIFE64180 - METROPOLITAN LIFE INSURANCE COMPANY Total: 5,347.28 Vendor: MEYERS94607 - MEYERS NAVE, A PROFESSIONAL CORPORATION MEYERS NAVE, A PROFESSIONA…197413 11/10/2022 SEA LANDING LP V TOWN OF L… 011-1500-6112 49,577.85 MEYERS NAVE, A PROFESSIONA…199366 11/10/2022 CITY ATTORNEY SERVICES 9/22 011-1500-6201 13,010.12 MEYERS NAVE, A PROFESSIONA…199368 11/10/2022 LAH FIRE CODE UPDATED ANAL… 011-1500-6112 5,495.41 MEYERS NAVE, A PROFESSIONA…199369 11/10/2022 GREENSHEETS INITIATIVE MEA… 011-1500-6112 2,271.15 MEYERS NAVE, A PROFESSIONA…199370 11/10/2022 CHARITABLE CONTRIBUTION M… 011-1500-6112 1,189.65 MEYERS NAVE, A PROFESSIONA…199371 11/10/2022 SHOUP CONNECTOR TRAIL PRO… 011-1500-6112 5,515.65 MEYERS NAVE, A PROFESSIONA…199372 11/10/2022 CCAG JPA PREPARATION AND N…011-1500-6112 1,261.75 MEYERS NAVE, A PROFESSIONA…199373 11/10/2022 28545 MATADERO CREEK LN P… 011-1500-6112 1,225.70 MEYERS NAVE, A PROFESSIONA…199374 11/10/2022 HOUSING ELEMENT UPDATE 9/… 011-3100-6111 6,308.75 MEYERS NAVE, A PROFESSIONA…199375 11/10/2022 SB 9 IMPLEMENTATION ORDIN… 011-3100-6111 144.20 MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 ADMIN FEE LEGAL SVC…011-0000-2301 11.74 MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 ADM FEE LEGAL SVCS-… 011-0000-2301 11.74 MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 BILLABLE LEGAL SVCS-… 011-0000-2301 117.42 MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 BILLABLE LEGAL SVCS-… 011-0000-2301 117.42 MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 RECOG ADM FEE LEGAL…011-0000-4685 -11.74 MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 RECOG ADMIN FEE LE… 011-0000-4685 -11.74 MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 PASSTHRU REV LEGAL … 011-3100-4702 -117.42 MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 PASSTHRU REV LEGAL … 011-3100-4702 -117.42
Expense Approval Report Payment Dates: 11/01/2022 - 11/30/2022 11/28/2022 2:36:58 PM Page 5 of 10
Vendor Name Payable Number Post Date Description (Item) Account Number Amount MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 PASSTHRU EXP LEGAL … 011-3100-6177 117.42 MEYERS NAVE, A PROFESSIONA…199378 11/10/2022 10/2022 PASTHRU EXP LEGAL S… 011-3100-6177 117.42 MEYERS NAVE, A PROFESSIONA…199382 11/10/2022 25600 BURKE LN (BLD22-0264)-…011-1500-6112 195.70 MEYERS NAVE, A PROFESSIONA…199383 11/10/2022 LABOR AND PERSONNEL MATT… 011-1500-6112 13,987.40 MEYERS NAVE, A PROFESSIONA…199384 11/10/2022 LINEBARGER, FORREST V TOWN…011-1500-6112 519.12 MEYERS NAVE, A PROFESSIONA…199385 11/10/2022 SEA LANDING LP V TOWN OF L… 011-1500-6112 29,727.56 MEYERS NAVE, A PROFESSIONA…199394 11/10/2022 10/2022 ADMIN FEE LEGAL SVC…011-0000-2301 7.83 MEYERS NAVE, A PROFESSIONA…199394 11/10/2022 10/2022 BILLABLE LEGAL SVCS-… 011-0000-2301 78.28 MEYERS NAVE, A PROFESSIONA…199394 11/10/2022 10/2022 RECOG ADMIN FEE LE… 011-0000-4685 -7.83 MEYERS NAVE, A PROFESSIONA…199394 11/10/2022 10/2022 PASSTHRU REV LEGAL … 011-3100-4702 -78.28 MEYERS NAVE, A PROFESSIONA…199394 11/10/2022 10/2022 PASSTHRU EXP LEGAL … 011-3100-6177 78.28 Vendor MEYERS94607 - MEYERS NAVE, A PROFESSIONAL CORPORATION Total: 130,743.13 Vendor: NOLL01 - NOLL & TAM ARCHITECTS
NOLL & TAM ARCHITECTS 0059924 11/10/2022 TOWNHALL ADDITION PROJECT…041-6900-6622 3,084.38 Vendor NOLL01 - NOLL & TAM ARCHITECTS Total: 3,084.38
Vendor: PGE95899 - P G & E
P G & E 3119V01045101 11/09/2022 DEPOSIT-CONTRACT# 50069474…041-6900-6199 3,432.13 Vendor PGE95899 - P G & E Total: 3,432.13
Vendor: PACIFIC04 - PACIFIC PREPAREDNESS LLC
PACIFIC PREPAREDNESS LLC LAH2210 11/10/2022 EMERGENCY MNGMNT & PLAN… 011-1200-6199 10,325.00 Vendor PACIFIC04 - PACIFIC PREPAREDNESS LLC Total: 10,325.00 Vendor: PETERSON04 - PETERSON, ROBERT
PETERSON, ROBERT MISC20-0017 11/22/2022 REFUND DEPOSIT 24200 DAWN…011-0000-2301 4,592.50 Vendor PETERSON04 - PETERSON, ROBERT Total: 4,592.50
Vendor: PROTECTION64121 - PROTECTION ONE ALARM MONITORING INC PROTECTION ONE ALARM MON…147279882 11/10/2022 24HR ALARM MONITORING OC… 061-1480-6118 142.84 PROTECTION ONE ALARM MON…147724882 11/10/2022 24HR ALARM MONITORING NO… 061-1480-6118 142.84 Vendor PROTECTION64121 - PROTECTION ONE ALARM MONITORING INC Total: 285.68 Vendor: V0980 - PURISSIMA HILLS WATER
PURISSIMA HILLS WATER NOV 2022-2493 11/10/2022 STONEBROOK AVE @ EL MONT… 061-4300-6364 66.50 PURISSIMA HILLS WATER NOV 2022-2496 11/10/2022 26379 FREMONT ROAD-LAH -BP…061-1480-6364 536.66 PURISSIMA HILLS WATER NOV 2022-2497 11/10/2022 26379 FREMONT RD-IRRIGATIO… 061-1480-6364 210.16 PURISSIMA HILLS WATER NOV 2022-2498 11/10/2022 26379 FREMONT RD-HERITAGE… 061-1480-6364 198.70 PURISSIMA HILLS WATER NOV 2022-2500 11/10/2022 LITTLE LEAGUE FIELD--BP 10/04… 011-5100-6364 4,353.47 PURISSIMA HILLS WATER NOV 2022-2501 11/10/2022 27400 PURISSIMA RD-CORP YA… 061-4300-6364 58.30 PURISSIMA HILLS WATER NOV 2022-3112 11/10/2022 ELENA & PURISSIMA SEWER LIF… 051-4800-6364 45.24 PURISSIMA HILLS WATER NOV 2022-3760 11/10/2022 26379 FREMONT RD RECREATI… 061-1480-6364 45.24 PURISSIMA HILLS WATER NOV 2022-4523 11/10/2022 FREMONT RD PATHWAY IRRIGA…011-4740-6364 41.98 PURISSIMA HILLS WATER NOV 2022-4643 11/10/2022 ARASTRADERO C2 PATHWAY IR… 011-4740-6364 32.18 Vendor V0980 - PURISSIMA HILLS WATER Total: 5,588.43
Vendor: QOVO01 - QOVO SOLUTIONS, INC.
QOVO SOLUTIONS, INC. 26-5283 11/10/2022 VERKADA CD42E OUTDOOR, VE… 061-1480-6118 3,848.19 Vendor QOVO01 - QOVO SOLUTIONS, INC. Total: 3,848.19
Vendor: ROBLEDA01 - ROBLEDA LAH LLC
ROBLEDA LAH LLC EP20-0092 11/10/2022 REFUND DEPOSIT 12950 ROBLE… 011-0000-2301 511.00 ROBLEDA LAH LLC EP20-0092 11/10/2022 REFUND DEPOSIT 12950 ROBLE… 011-0000-2303 3,000.00 Vendor ROBLEDA01 - ROBLEDA LAH LLC Total: 3,511.00
Vendor: ROBUSTELLI94022 - ROBUSTELLI, SARAH GUALTIERI
ROBUSTELLI, SARAH GUALTIERI ROBUSTELLI102622 11/10/2022 NOTARY OATH AND BOND AND… 011-1000-6398 65.50 Vendor ROBUSTELLI94022 - ROBUSTELLI, SARAH GUALTIERI Total: 65.50 Vendor: STAPLES30348 - STAPLES BUSINESS CREDIT
STAPLES BUSINESS CREDIT 7361487221-0-2 11/10/2022 FOLDER RCY PRS 2 GYRGRN 061-1480-6398 153.67 STAPLES BUSINESS CREDIT 7367098307-0-1 11/10/2022 2023 LAM WALL, COFFEE MATE,…061-1480-6398 1,098.62 STAPLES BUSINESS CREDIT 7601076666-0-1 11/10/2022 PINSTRIPE USB, AVY INK/LSR 3… 061-1480-6301 114.77 Vendor STAPLES30348 - STAPLES BUSINESS CREDIT Total: 1,367.06
Expense Approval Report Payment Dates: 11/01/2022 - 11/30/2022 11/28/2022 2:36:58 PM Page 6 of 10
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: STEVENS95014 - STEVENS CREEK QUARRY
STEVENS CREEK QUARRY 1012159 11/10/2022 QUARRY FINE OCTOBER 2022 011-4740-6125 257.86 Vendor STEVENS95014 - STEVENS CREEK QUARRY Total: 257.86 Vendor: STOLLER01 - STOLLER STUDIO INC
STOLLER STUDIO INC 10441 11/18/2022 Los Altos Hills: Helix Sculpture 071-0510-6399 25,000.00 Vendor STOLLER01 - STOLLER STUDIO INC Total: 25,000.00
Vendor: SUPERION60693 - SUPERION, LLC
SUPERION, LLC 368238 11/21/2022 TRAKIT ANNUAL MAINTENANCE…011-3100-6313 8,493.96 SUPERION, LLC 368238 11/21/2022 TRAKIT ANNUAL MAINTENANCE…011-3200-6313 8,493.96 SUPERION, LLC 368238 11/21/2022 TRAKIT ANNUAL MAINTENANCE…011-3300-6313 8,493.96 Vendor SUPERION60693 - SUPERION, LLC Total: 25,481.88
Vendor: TREE95067 - TREE SOLUTIONS INC
TREE SOLUTIONS INC 9791 11/21/2022 TRUNK DRENCH AT BYRNE PRE… 011-4740-6124 9,746.00 Vendor TREE95067 - TREE SOLUTIONS INC Total: 9,746.00
Vendor: TRIPEPI01 - TRIPEPI, SMITH AND ASSOCIATES, INC
TRIPEPI, SMITH AND ASSOCIAT… 8885 11/10/2022 RETAINER AND NEWSLETTER P… 011-1700-6304 5,420.00 TRIPEPI, SMITH AND ASSOCIAT… 9041 11/21/2022 MONTHLY RETAINER FOR QUA… 011-1700-6304 1,375.00 Vendor TRIPEPI01 - TRIPEPI, SMITH AND ASSOCIATES, INC Total: 6,795.00 Vendor: SUN64180 - UNION SECURITY INSURANCE COMPANY
UNION SECURITY INSURANCE C… 925773-0001 11.14.22 11/16/2022 12/1/22-12/31/22 LIFE INSURA… 061-0000-2225 981.75 UNION SECURITY INSURANCE C… 925773-0001 11.14.22 11/16/2022 12/1/22-12/31/22 LTD INSURA… 061-0000-2226 1,313.08 Vendor SUN64180 - UNION SECURITY INSURANCE COMPANY Total: 2,294.83 Vendor: CRAFTSMEN95119 - UNITED CRAFTSMEN INC
UNITED CRAFTSMEN INC 11890 11/17/2022 Printing and mailing service for …011-1100-6207 2,258.99 Vendor CRAFTSMEN95119 - UNITED CRAFTSMEN INC Total: 2,258.99 Vendor: VERIZON02 - VERIZON COMMUNICATIONS INC
VERIZON COMMUNICATIONS I… 627000034368 11/10/2022 MONTHLY RECURRING CHARGE…061-1480-6398 52.35 Vendor VERIZON02 - VERIZON COMMUNICATIONS INC Total: 52.35 Vendor: VERIZON75266 - VERIZON WIRELESS
VERIZON WIRELESS 9918912286 11/10/2022 ACT# 472540632-00001 09/24/… 011-1000-6362 58.62 VERIZON WIRELESS 9918912286 11/10/2022 ACT# 472540632-00001 09/24/… 011-1200-6362 58.62 VERIZON WIRELESS 9918912286 11/10/2022 ACT# 472540632-00001 09/24/… 011-1300-6362 58.62 VERIZON WIRELESS 9918912286 11/10/2022 ACT# 472540632-00001 09/24/… 011-1400-6362 58.62 VERIZON WIRELESS 9918912286 11/10/2022 ACT# 472540632-00001 09/24/… 011-3100-6362 88.63 VERIZON WIRELESS 9918912286 11/10/2022 ACT# 472540632-00001 09/24/… 011-3200-6362 98.63 VERIZON WIRELESS 9918912286 11/10/2022 ACT# 472540632-00001 09/24/… 011-3300-6362 211.42 VERIZON WIRELESS 9918912286 11/10/2022 ACT# 472540632-00001 09/24/… 061-1480-6362 40.01 VERIZON WIRELESS 9918912286 11/10/2022 ACT# 472540632-00001 09/24/… 061-4300-6362 149.44 Vendor VERIZON75266 - VERIZON WIRELESS Total: 822.61
Vendor: VDE94041 - VICTORIA DYE EQUESTRIAN, LLC
VICTORIA DYE EQUESTRIAN, LLC OCTOBER 2022 11/10/2022 OCTOBER 2022 MANAGEMENT …011-5300-6199 3,300.00 Vendor VDE94041 - VICTORIA DYE EQUESTRIAN, LLC Total: 3,300.00 Vendor: VSP94145 - VISION SERVICE PLAN INSURANCE CO
VISION SERVICE PLAN INSURAN… 816569253 11/22/2022 VISION DECEMBER 2022 061-0000-2233 513.93 VISION SERVICE PLAN INSURAN… 816569259 11/22/2022 VISION DECEMBER 22 COBRA 061-0000-2233 30.79 Vendor VSP94145 - VISION SERVICE PLAN INSURANCE CO Total: 544.72 Vendor: WF_VISA60197 - WELLS FARGO - VISA
WELLS FARGO - VISA 1059-10.02.22 11/14/2022 MMANC Next Department Head…011-1000-6309 75.00 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Nola Oscar's Farewell Lunch 011-1000-6398 150.06 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Amazon Hoedown - Fans 011-4120-6361 304.34 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Amazon Trick or Treat at Town … 011-4120-6361 237.56 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Costco Hoedown - Wine 011-4120-6361 234.14 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Demartinin Hoedown - Apples 011-4120-6361 210.00 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Capelo's Hoedown Staff/Barn … 011-4120-6361 184.33 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Smart & Final Hoedown - Suppli…011-4120-6361 133.46 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Poppytots Touch a Truck Softpl… 011-4120-6361 695.00 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Amazon Hoedown - Caramel for…011-4120-6361 79.98
Expense Approval Report Payment Dates: 11/01/2022 - 11/30/2022 11/28/2022 2:36:58 PM Page 7 of 10
Vendor Name Payable Number Post Date Description (Item) Account Number Amount WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Amazon Hoedown Craft 011-4120-6361 60.96 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Safeway Table Cloths 011-4120-6361 53.90 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Office Depot Lamination 011-4120-6361 15.65 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Facebook Touch a Truck Event … 011-4120-6361 3.82 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Poppytots Touch a Truck Deposi…011-4120-6361 100.00 WELLS FARGO - VISA 1059-10.02.22 11/14/2022 Amazon Hoedown 011-4120-6361 442.84 Vendor WF_VISA60197 - WELLS FARGO - VISA Total: 2,981.04 Vendor: WESTBAY94025 - WEST BAY SANITARY DISTRICT
WEST BAY SANITARY DISTRICT 2022/23-060 11/21/2022 TRUNK DRENCH TREATMENT AT…051-4800-6140 99,798.92 Vendor WESTBAY94025 - WEST BAY SANITARY DISTRICT Total: 99,798.92 Vendor: WESTCOAST01 - WEST COAST CODE CONSULTANTS INC.
WEST COAST CODE CONSULTA… 222-09-LAH-03 11/10/2022 PERMIT TECHNICIAN-ANITA CH… 011-3200-6199 1,275.00 Vendor WESTCOAST01 - WEST COAST CODE CONSULTANTS INC. Total: 1,275.00 Grand Total: 955,703.58
Expense Approval Report Payment Dates: 11/01/2022 - 11/30/2022 11/28/2022 2:36:58 PM Page 8 of 10
Report Summary
Fund Summary
Fund Payment Amount
011 - GENERAL FUND 281,657.54
021 - COPS FUND 3,081.63
041 - GENERAL CIP FUND 16,846.42
046 - STREET CIP 447,230.67
051 - SEWER FUND 99,844.16
061 - GENERAL SERVICE FUND 82,043.16
071 - SPECIAL DONATIONS 25,000.00
Grand Total: 955,703.58
Account Summary
Account Number Account Name Payment Amount
011-0000-1110 Receivable - Miscellaneous 4,738.60
011-0000-2002 Strong Motion Impl Payab… 2,974.45
011-0000-2004 SB 1473 - Fee Payable 1,010.00
011-0000-2301 Planning Deposits 6,096.93
011-0000-2303 Bond Deposits 3,000.00
011-0000-4685 Administrative Charge -281.03
011-1000-6309 Instruction & Training 75.00
011-1000-6362 Telephone 58.62
011-1000-6398 Other General Expense 280.18
011-1100-6207 Advertising/Publishing 2,258.99
011-1200-6199 Other Contract Services 12,825.00
011-1200-6308 Travel & Meetings 498.27
011-1200-6309 Instruction & Training 450.00
011-1200-6362 Telephone 85.29
011-1300-6207 Advertising/Publishing 337.50
011-1300-6209 Other Program & Proj Con… 250.00
011-1300-6301 Office Supplies 118.95
011-1300-6362 Telephone 58.62
011-1400-6111 Contract Personnel 5,320.28
011-1400-6199 Other Contract Services 1,617.04
011-1400-6362 Telephone 58.62
011-1500-6112 Legal - Special Projects 110,966.94
011-1500-6201 Legal - City Attorney 13,010.12
011-1700-6304 Printing, copying & scanni… 13,045.00
011-3100-4702 Attorney's Fees -313.12
011-3100-6111 Contract Personnel 6,452.95
011-3100-6177 Attorney Fees - Billable 313.12
011-3100-6199 Other Contract Services 2,250.00
011-3100-6207 Advertising/Publishing 843.75
011-3100-6313 Computer Software 8,493.96
011-3100-6338 Data Service Subscriptions 103.00
011-3100-6362 Telephone 88.63
011-3120-6111 Contract Personnel 9,680.00
011-3200-6111 Contract Personnel 6,014.50
011-3200-6199 Other Contract Services 18,517.50
011-3200-6313 Computer Software 8,493.96
011-3200-6338 Data Service Subscriptions 103.00
011-3200-6362 Telephone 98.63
011-3300-6313 Computer Software 8,493.96
011-3300-6315 Permits for Operation 633.00
011-3300-6362 Telephone 211.42
011-4110-6111 Contract Personnel 147.00
011-4110-6398 Other General Expense 599.45
011-4120-6361 Special Events & Awards 2,755.98
011-4600-6145 Traffic Signal Maintenance 2,281.55
011-4740-6124 Tree Maintenance 9,746.00
Expense Approval Report Payment Dates: 11/01/2022 - 11/30/2022 11/28/2022 2:36:58 PM Page 9 of 10
Account Summary
Account Number Account Name Payment Amount
011-4740-6125 Pathways Maintenance 5,757.86
011-4740-6364 Water 74.16
011-5100-6118 Facility Maint & Security 9.81
011-5100-6122 Lawncare/Landscaping 750.00
011-5100-6130 Pest Control 325.00
011-5100-6364 Water 4,353.47
011-5300-6122 Lawncare/Landscaping 1,830.63
011-5300-6123 Housekeeping 395.00
011-5300-6199 Other Contract Services 3,300.00
021-6100-6362 Telephone 3,081.63
041-6900-6199 Other Contract Services 3,432.13
041-6900-6206 Engineering Consultants 2,405.50
041-6900-6341 Signs 2,207.19
041-6900-6622 Site Improvements 7,685.38
041-6910-6616 Vehicles & Accessories 1,116.22
046-6900-6151 Street Construction Contr… 428,432.52
046-6900-6199 Other Contract Services 13,614.75
046-6900-6206 Engineering Consultants 5,183.40
051-4800-6140 Sewer Maintenance Work 99,798.92
051-4800-6364 Water 45.24
061-0000-2204 Deferred Comp Payable 47,353.01
061-0000-2225 Life Insurance Payable 981.75
061-0000-2226 Long Term Disability Paya… 1,313.08
061-0000-2233 Dental & Vision Insurance… 5,892.00
061-1480-6030 Employee Wellness Grant 375.00
061-1480-6111 Contract Personnel 11,727.00
061-1480-6118 Facility Maint & Security 4,483.87
061-1480-6122 Lawncare/Landscaping 1,860.00
061-1480-6123 Housekeeping 1,418.77
061-1480-6301 Office Supplies 114.77
061-1480-6310 On-Line Service 259.58
061-1480-6362 Telephone 40.01
061-1480-6364 Water 990.76
061-1480-6398 Other General Expense 2,492.19
061-4300-6117 Equipment Maint & Repair 400.64
061-4300-6118 Facility Maint & Security 77.75
061-4300-6122 Lawncare/Landscaping 64.09
061-4300-6324 Uniforms 607.71
061-4300-6362 Telephone 309.44
061-4300-6364 Water 124.80
061-4300-6398 Other General Expense 130.99
061-4300-6399 Other Supplies/Materials 385.45
061-4300-6404 Tools & Equipment Rental 640.50
071-0510-6399 Other Supplies/Materials 25,000.00
Grand Total: 955,703.58
Project Account Summary
Project Account Key Payment Amount
**None** 470,929.18
111700 6,250.00
111711 6,795.00
410216 2,405.50
410218 3,432.13
410221 3,211.00
410222 1,390.00
410226 2,207.19
467226-22 442,047.27
467227 5,183.40
Expense Approval Report Payment Dates: 11/01/2022 - 11/30/2022 11/28/2022 2:36:58 PM Page 10 of 10
Project Account Summary
Project Account Key Payment Amount
APL22-0003 129.16
APL22-0004 129.16
CUP22-0005 86.11
EP20-0092 511.00
EP20-0092-PB 3,000.00
EP20-0094 649.00
MISC20-0017 4,592.50
R4120-12 237.56
R4120-21 814.47
R4120-8 1,703.95
Grand Total: 955,703.58
TOWN OF LOS ALTOS HILLS December 15, 2022
Staff Report to the City Council
SUBJECT: MOTION TO RE-AUTHORIZE REMOTE TELECONFERENCE
MEETINGS OF THE LEGISLATIVE BODIES OF THE TOWN OF LOS
ALTOS HILLS, INCLUDING ALL ASSOCIATED COMMITTEES,
DUE TO THE IMMINENT RISKS TO THE HEALTH AND SAFETY
OF ATTENDEES AND MAKING RELATED FINDINGS PURSUANT
TO AB 361
FROM: Steve Mattas, City Attorney
RECOMMENDATION:
It is recommended that the City Council of the Town of Los Altos Hills (“Council”), on behalf of itself and Town Committees make a motion, pursuant to the authority set forth in AB 361 (Government Code Section 54953[e][1]), to re-authorize remote teleconference meetings of all legislative bodies of the Council, including all associated agencies, authorities, and committees, and make related findings pursuant to AB 361.
BACKGROUND:
On September 16, 2021, the Council approved a motion to continue conducting all legislative body meetings through teleconference and made required findings pursuant to AB 361 [Government Code Section 54953(e)(1)]. On October 21, 2021, the Council approved a resolution to continue conducting Council meetings, and all associated committee meetings, remotely due to an ongoing state of emergency and imminent risks to the health or safety of attendees if the meetings are held in person. The Council made findings that the requisite conditions exist for the legislative bodies of the Commission to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953.
Pursuant to Government Code Section 54953(e)(3), in order for all legislative bodies to continue meeting remotely, the Board must declare every 30 days that:
1. The legislative body has reconsidered the circumstances of the state of emergency; and
2. Either the state of emergency continues to directly impact the ability of the members to meet safely in person, or State or local officials continue to impose or recommend measures to promote social distancing.
Emergency conditions persist in Santa Clara County and throughout the state. The Governor’s State of Emergency, declared on March 4, 2020, is ongoing. The local proclamation of emergency, made by the Santa Clara County Board of Supervisors on February 10, 2020 ratifying the Santa Clara County Health Officer’s declaration of a AGENDA ITEM #7.D
Staff Report to City Council Page 2
Motion to Re-Authorize Remote Teleconference Meetings (AB 361) November 17, 2022
local health emergency due to COVID-19, continues to exist until its termination is proclaimed by the Santa Clara County Board of Supervisors. On March 19, 2020, the Council proclaimed a local emergency due to the COVID-19 pandemic and has continued to confirm the existence of a local emergency.
Due to the continued threat of COVID-19, the Council continues to implement multiple layers of protection against COVID-19, including physical distancing, for the safety of employees and members of the public. The Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six (6) feet from others outside of the household. Because of the rise in cases due to the Delta variant of COVID19, the Council is concerned about the health and safety of all individuals who intend to attend meetings of the Town’s legislative bodies, including City Council and advisory body and committee meetings. The ongoing state of emergency related to COVID-19, as declared by the Governor, the County Board of Supervisors, and Council, continues to directly impact the ability of members of the legislative bodies of the Council to meet safely in person, due to imminent risks to the health and safety of attendees if the meetings are held in person.
DISCUSSION:
It is recommended that the Council, on behalf of itself and its committees, make a motion, pursuant to the authority set forth in AB 361 (Government Code Section 54953[e][1]), to re-authorize remote teleconference meetings of all legislative bodies of the Council, including all associated advisory bodies, agencies, authorities, and committees, due to the ongoing state of emergency and imminent risks to the health and safety of attendees if the meetings are held in person.
FISCAL IMPACT:
There is no additional fiscal impact to continue remote teleconference meetings.
TOWN OF LOS ALTOS HILLS December 15, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING RIGHT-OF-WAY DEDICATION AT 13051 LA
PALOMA ROAD ALONG THE PURISSIMA ROAD AND LA PALOMA ROAD FRONTAGES; LANDS OF KRISHNAMURTHY; FILE #SD22-0009 & ER22- 0006. CEQA REVIEW: DETERMINATION OF EXEMPTION PER CEQA
GUIDELINES 15061(B)(3)
FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) accepting the right-of-way dedication at 13051 La Paloma Road along the Purissima Road and La Paloma Road frontages; the Lands of Krishnamurthy.
BACKGROUND:
The subject property is a 1.837-acre lot located at the northwesterly corner of the Purissima Road and La Paloma Road intersection. The property is gently slopes up from Purissima Road with an average slope of 12.0%, resulting in a Lot Unit Factor (LUF) of 1.758 and Maximum Development Area (MDA) of 25,052 square feet and Maximum Floor Area (MFA) of 10,372 square feet. An application for site development permit was submitted to the Town on February 9, 2022, and approved at the June 28, 2022, Fast Track public hearing.
DISCUSSION:
The dedication of additional right-of-way to the Town was required as a condition of approval by the Public Works Department for a new residence and associated improvements that was approved by the Site Development Committee on June 28, 2022 (File # SD22-0009). The right-of-way dedication area, which is 7,363 square feet in size, encompasses a 10-foot strip of land along the Purissima Road and La Paloma Road frontages with an area of land varying in width at the intersection as shown on Exhibit A of the grant document included in the Resolution (See Attachment 1). The right-of-way dedication is required to create a 30-foot half width for both the Purissima Road and La Paloma Road rights-of-way. This requirement is consistent with the Town’s General Plan Circulation Element and Municipal Code Section 10-2.1202 which allows for requiring rights-of-way dedications where existing rights-of-way are substandard, said standards are established in Section 9-1.703.
AGENDA ITEM #7.E
J.L.
P.P.
City Council Page 2
13051 La Paloma Road Right-of-Way Dedication
December 15, 2022
ENVIRONMENTAL REVIEW:
Upon review, staff’s assessment that the required right-of-way dedication qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA.
2022 CITY COUNCIL STRATEGIC PRIORITIES:
This is not part of the 2022 City Council Strategic Priorities as easement dedications are, depending on applicability, part of the standard site development approval process.
FISCAL IMPACT:
There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500 to cover staff and consultant time.
The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time.
The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $5.00.
CONCLUSION:
The right-of-way dedication is consistent with the goals of the Town’s General Plan Circulation Element and Municipal Code. The requirement for additional right-of-way over those portions of property to create a 30-foot half-width for a 60-foot right-of-way is consistent with previous site development permit approvals. Staff recommends that the Council accepts the right-of-way dedication to the Town along Purissima Road and La Paloma Road at 13051 La Paloma Road.
ATTACHMENTS
1. Resolution Accepting Right-of-Way Dedication
Resolution ____-22 Page 1
RESOLUTION ____-22
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ACCEPTING AN OFFER OF RIGHT-OF-WAY EASEMENT DEDICATION
(LANDS OF KRISHNAMURTHY)
WHEREAS, Kalpana Krishnamurthy and Siddarth C. Sheth (“Owners”) own the property commonly known as 13051 La Paloma Road, Los Altos Hills, California (APN 1475-47-002); and WHEREAS, site development permit (SD22-0009) for a new residence was approved at a duly noticed Fast Track public hearing of the Site Development Committee on June 28, 2022 with reasonable conditions of approval, including the dedication of additional right-of-way to the Town; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may require and accept right-of-way dedications on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to dedicate additional right-of-way to the Town attached to this Resolution as Attachment A (“Offer of Right-of-Way Easement Dedication”) for street right-of-way purposes and incidents thereto; and
WHEREAS, the Town finds the Offer of Right-of-Way Easement Dedication to be consistent with the Town’s General Plan and in the best interests of the general public and the Town; and WHEREAS, the Owner and the Town recognize that the land subject to the Offer of Right-of-Way Easement Dedication is adjacent to an existing public right-of-way and is necessary to create a 30- foot half width for the 60-foot right-of-way and is an asset to the Town and the Owner; and NOW, THEREFORE, based on the entirety of the record before it, the City Council of the Town of Los Altos Hills hereby finds that the Project qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), and does hereby accepts on behalf of the public, and for the purposes therein described, the Offer of Right-of-Way Easement Dedication attached to this Resolution as Exhibit A.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 15th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 1
Resolution ____-22 Page 2
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
TOWN OF LOS ALTOS HILLS December 15, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING
STAFF TO ADVERTISE TWO RFP(S) FOR QUALIFIED CONSULTANTS FOR (1) ESTABLISHMENT OF MULTI-FAMILY ZONE AND ASSOCAITE STANDADRDS; (2) PREPARTION OF ENVIRONMENTAL IMPACT
REPORT (EIR) FOR HOUSING ELEMENT 2023-31 IMPLEMENTATION FROM: Sofia Mangalam, Planning Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council authorize staff to advertise two Request for Proposals (RFP) for (1) Establishment of Multi-family zone and associated standards, and (2) preparation of Environmental Impact Report (EIR) for Housing Element 2023-31 implementation.
BACKGROUND
The Town of Los Altos Hills is preparing updates to the Housing Element of the General Plan for the 6th cycle, as mandated by State law. The Housing Element identifies and addresses housing needs by including goals, policies, and programs to preserve, improve, and develop housing for all economic segments of the community. This includes identifying housing sites to provide capacity for the Regional Housing Needs Allocation (RHNA) for the 2023-2031 planning period of 489 units, including an additional 15% buffer. A key component of the Town’s RHNA strategy is to create a multi-family zone, which will allow multi-family development and increased densities on identified institutional and single-family lots. The Town is also including accessory dwelling units and SB 9 units on single-family lots to accommodate RHNA.
At present, Town has only two (2) zones established in the Zoning Ordinance, ResidentialAgriculture (R-A) and Open-Space-Reserve (OSR). However, in order to meet RHNA requirements, Town is introducing multi-family zones to accommodate density at 30 dwellings to an acre in RHNA cycle 6. This will require an amendment to the Land Use Element to allow multifamily units and establishment of the multi-family zone, creation of development standards, and architectural design guidelines in the Zoning Ordinance.
As we add many more units to the Town, it is important to prepare an EIR to evaluate the potential environmental impacts and prepare a mitigation measure report for the significant impacts.
DISCUSSION
As discussed above, subsequent to Housing Element, Town will need to work on establishing multi-family zone and prepare an EIR for RHNA units included in the Housing Element 2023-31.
AGENDA ITEM #7.F
S.M.
P.P.
Attachment 1 Revised and Posted 12/15/22
Staff Report to the City Council
Implementation of the Housing Element
December 15, 2022
Staff has prepared two (2) RFPs for this purpose:
1. Establishment of a new Multifamily zone and associated tasks This RFP is to invite qualified consultants to help the Town establish multi-family residential (s) along with the preparation of development standards, including height, setbacks, ground coverage, etc., and architectural guidelines. This will require community outreach and public hearings. The establishment of the multi-family zone will also require amendments to the Land Use Element of the General Plan to allow multi-family zones on the sites identified in the Housing Element. Please refer to Attachment 2 for details regarding the scope of work.
2. Preparation of EIR
This RFP is to invite qualified consultants for the preparation of EIR to evaluate the potential environmental impacts and prepare a mitigation measure report for the significant impacts.
The environmental scope of work includes conducting analyses, investigations, surveys, and technical studies related to the preparation of the appropriate level of CEQA documentation for the project. The environmental consultant team will prepare an administrative draft Initial Study (IS) to identify and determine the extent of potentially significant environmental impacts resulting from the project. Please refer to Attachment 3 for details regarding the scope of work.
Staff has established the following timeline for two RFPs and will return to the City Council for the award of contracts.
Project Benchmarks Date
RFP Issuance December 16, 2022
Questions Due January 9, 2022
Proposals Due January 16, 2023
City Council Awards February 16, 2023
2022 CITY COUNCIL STRATEGIC PRIORITIES
City Council identified “Update Housing Element and Comply with State Law” as one of its key outcomes under “Maintain Quality of Life and Community Character”.
FISCAL IMPACT
There is no fiscal impact for the issuance of these RFPs. Staff is anticipating $550,000 for both the contracts; however, the appropriation request will occur during the awarding of the two (2) contracts.
ATTACHMENT
1. Resolution
2. RFP for Multi-family zone
3. RFP for EIR
Resolution XX-22 Page 1
RESOLUTION XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AUTHORIZING STAFF TO ADVERTISE TWO RFP(S) FOR QUALIFIED CONSULTANTS FOR (1) ESTABLISHMENT OF MULTI-FAMILY ZONE AND ASSOCIATED ASSOCAITE STANDARDS STANDADRDS; (2) PREPARATION
PREPARTION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR HOUSING ELEMENT 2023-31 IMPLEMENTATION ACTIONS INCLUDING POTENTIAL
ZONING AMENDMENTS
WHEREAS, every eight (8) years, the State of California requires each local jurisdiction to submit an updated Housing Element to the California Department of Housing and Community Development (HCD) for their review and certification; and WHEREAS, Town is updating its Housing Element for planning period 2023-31; and WHEREAS, the 2023-2031 Housing Element must be adopted by the Town by January 31, 2023; and; and
WHEREAS, Town is introducing multi-family zones to accommodate density at 30 dwellings to an acre in RHNA cycle 6; and
WHEREAS, implementation of the Housing Element will require an amendment to the Land Use Element to allow multi-family units and establishment of the multi-family zone, creation of development standards and architectural design guidelines in the Zoning Ordinance; and WHEREAS, it is important to prepare an EIR to evaluate the potential environmental impacts and prepare a mitigation and monitoring measure report for any potential mitigation measures necessary to mitigate potential the significant impacts; and WHEREAS, Staff has prepared two RFPs to invite qualified consultants for (1) Establishment of Multi-family zone and associated standards, and (2) preparation of Environmental Impact Report (EIR) for Housing Element 2023-31 implementation; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Town of Los Altos Hills that staff is authorized to advertise said RFPs for implementation of the Housing Element and for preparation of an environmental impact report; and
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 15th day of December 2022 by the following vote:
AYES:
Attachment 1- Revised
2 NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
5251507.1
The Town of Los Altos Hills (“Town”) is requesting proposals from qualified environmental consulting firms for the work entitled:
CREATION OF A MULTI-FAMILY ZONE TO ACCOMMODATE RHNA UNITS RELATED TO
HOUSING ELEMENT UPDATE OF THE GENERAL PLAN, PREPARATION OF OBJECTIVE DEVELOPMENT STANDARDS AND ARCHITECTURAL DESIGN GUIDELINES FOR MULTIFAMILY RESIDENTIAL BUILDINGS Date of Issuance: December 16, 2022
Questions Due: January 9, 2022
Due Date: January 16, 2023
Proposals shall be submitted by qualified consultants that have demonstrated verifiable experience in preparing Environmental Impact Reports, executing project management, and conducting public outreach for similar projects as outlined in the scope of work described in this RFP.
The proposals shall be addressed to:
Sofia Mangalam, Planning Director
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022
Subject: Response to RFP regarding Multi-family zone for Housing Element implementation
Proposals shall be submitted by email to [email protected] so that it is received not later than 5:00 P.M. on Monday, January 16, 2023.
All inquiries regarding the project and this RFP shall be directed to Sofia Mangalam, Planning Director, via telephone at (650) 947-2507, or, preferably, via email at [email protected]
Attachment 2
2 REQUEST FOR PROPOSALS
Housing Element Implementation
I. PROJECT BACKGROUND
The Town of Los Altos Hills is preparing updates of the Housing Element (2023-2031) of the General Plan, as mandated by State law. The Town is requesting proposals from qualified firms/consultants for updating Land Use Element and Zoning Ordinance to add multi-family residential zone(s), and preparation of objective development standards and architectural design guidelines for multi-family residential buildings to facilitate Housing Element implementation.
The Housing Element identifies and addresses housing needs by including goals, policies, and programs to preserve, improve, and develop housing for all economic segments of the community. This includes identifying housing sites to provide capacity for the Regional Housing Needs Allocation (RHNA) for the 2023-2031 planning period of 489 units, including an additional 15% buffer. A key component of the Town’s RHNA strategy is to create a Multi-family Infill zone, which will allow multi-family development and increased densities on identified institutional and single-family lots. The Town is also including accessory dwelling units and SB 9 units on single-family lots to accommodate RHNA.
Town’s Draft Housing Element submitted to State can be found in this link:
https://www.losaltoshills.ca.gov/DocumentCenter/View/5735/Los-Altos-Hills-HousingElement_HCD-Review-Draft-10-27-22-Submittal The Town of Los Altos seeks to develop enforceable objective development standards for multi-family residential buildings. With the input of residents, stakeholders, and staff, the Town desires to produce objective development standards that reflect the goals, priorities, vision of the Town while satisfying the requirements of State law. Objective development standards must be measurable and verifiable.
During this process, new standards may need to be created to fill any gaps in the current Zoning and Land Use Element, including those which convey the Town’s unique character.
II. SCOPE OF WORK
Task 1: Project Kickoff and Review of Existing Regulations Consultant will review key documents including the General Plan, the 6th Cycle Housing Element Update, the Zoning Ordinance and all relevant Town Policies.
Consultant will meet with staff for kickoff and refinement of project timeline and goals.
Task 2: Public Outreach
Consultant will plan and facilitate at least two public outreach events which may include, but are not limited to, the following.
1) One community survey to receive broad public input early in the process, including images and preference studies (applies to both the housing element rezoning program, the objective development standards and architectural design guidelines); and
3 REQUEST FOR PROPOSALS
Housing Element Implementation
2) At least one stakeholder workshop on the objective development standards and architectural design guidelines that includes designers and community members. The stakeholder workshop may occur during the conceptual development of the draft standards and/or after the standards have been drafted to obtain specific feedback. The workshop may be virtual if deemed necessary and/or preferable.
Task 3: Housing Element Multi-family zone creation Program Due to provisions of AB 1398, it is highly likely that the Town will be required to rezone the properties on the Draft Housing Element Sites Inventory by January 2024. The proposal should include a schedule to achieve this State requirement.
As noted above, the Draft Housing Element RHNA Strategy is to accommodate a portion of the RHNA by creation of a Multi-family Infill zone, which will allow multi-family development and increased densities on identified institutional and single-family lots.
Task 4: Objective Development Standards and Architectural Design Guidelines In addition to establishing new zoning district, development standards (zoning standards) and architectural design guidelines for multi-family zone will be established as part of this program. The objective development standards should include graphics and illustrations as appropriate.
Task 5: Meetings and Hearings
For scheduling and budgeting purposes, proposers should assume that a total of two workshops and four (4) public hearings will be held during the course of the project and that Town staff will be responsible for posting all public notices. a. Project Progress Updates
▪ The consultant team shall provide regular project progress updates via email to the Town.
b. Invoices
▪ The consultant will submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date.
Invoices will contain the following information:
o The beginning and ending dates of the billing period; o Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
o A Task Summary containing, for each work task, the name of the person doing the work, the hours spent by each person, and a brief description of the work.
III. PROJECT SCHEDULE
The award of the contract is anticipated to take place during the City Council meeting on February 16, 2023; this date may be changed if the Town does not receive adequate responses).
IV. PROJECT BUDGET
4 REQUEST FOR PROPOSALS
Housing Element Implementation
All tasks within the enclosed Scope of Work shall be included within the proposal’s fee schedule and itemized according to required and optional tasks.
V. PROPOSAL REQUIREMENTS
All proposals submitted to the Town must contain the following minimum information:
A. A cover letter with contact information.
▪ A description and statement of the firm’s qualifications for this project, as well as those of any subconsultants.
B. Project team
▪ Organizational chart of the project team.
▪ Names, qualifications and resumes of all project team members who will directly participate in the project.
C. A detailed statement regarding each of the following items:
▪ A statement of overall problem/task as viewed by the firm. ▪ An explanation of the general approach to the project, and any suggested modifications to the project tasks.
▪ A proposed work plan including a step-by-step breakdown of the tasks to be carried out, with estimates of personnel time allotted for each task. ▪ A project schedule indicating the proposed timeframe in which specific tasks will be completed, including major milestones.
▪ A rate schedule by position, including an explanation of the basis for billing. ▪ Any proposed program components as perceived necessary by the consultant based upon understanding of the RFP, but not necessarily stated within. ▪ Other pertinent information deemed appropriate by the firm. ▪ A minimum of three (3) references, from within the past five (5) years, for which the consultant has provided consulting services (preferably of a project similar to the one that is the subject of this RFP), including address and telephone number of each, identifying a contact person with whom the firm has provided similar services, and including a description of projects completed. ▪ A minimum of three (3) examples of recently done similar work, from within the past five
(5) years.
VI. CONSULTANT SELECTION PROCEDURE
A. EVALUATION CRITERIA
All proposals will be evaluated using the following criteria:
▪ Quality and completeness of proposal
▪ Quality of the proposed services to be provided
5 REQUEST FOR PROPOSALS
Housing Element Implementation
▪ Ability and experience of team members assigned to work on the project ▪ Technical experience in performing work of a closely similar nature ▪ Methodology and work program, including knowledge of local needs and the ability to work closely with Town staff, the project team, Planning Commission and City Council
▪ Consultant availability, including ability to attend and make presentations at public, committee, and staff-level work meetings
▪ Creativity and insight of proposal
▪ Timing of work program and ability to perform the work within the time specified ▪ Project cost
▪ Ability to produce high-quality and easy-to-read graphic information.
B. EVALUATION PROCEDURE
Evaluation of the proposals will be performed by Town staff who will assess the qualifications, experience and ability to perform the work of each consultant based on the criteria listed above. An oral interview with one or more of firms may be requested after written proposals have been received and reviewed by the Town. At the time of the interview, representatives of the consulting firm shall be prepared to clarify and elaborate on the details set forth in the firm’s proposal.
The Town of Los Altos Hills will administer the contract. The decision to accept any proposal shall be made not later than thirty (30) calendar days after the deadline for proposals to be submitted. Consultants whose proposals have not been accepted shall be so notified.
VII. GENERAL INFORMATION FOR PROPOSALS
▪ The prospective firm shall submit one (1) soft (digital) copy by email of its proposal to the Town not later than January 16, 2023 at 5:00 P.M.*
▪ Any questions related to the project and/or this RFP shall be directed to the Sofia Mangalam, Planning Director, via telephone at (650) 947-2507, or, preferably, via email at [email protected]
▪ The proposal shall be signed by an authorized official of the firm. ▪ All costs incurred in the preparation of the proposal shall be the sole responsibility of the consultant.
▪ The Town reserves the right to reject any and all proposals and to request additional information concerning any proposal for purposes of clarification. ▪ If awarded a contract, the consultant shall maintain insurance coverage, including worker’s compensation, reflecting the minimum amounts and conditions specified by the Town.
▪ The terms and scope of the contract shall be arranged on the basis of professional negotiations between the Town and the prospective consultant. If the Town and the prospective consultant fail to reach a contractual agreement, the Town may then renegotiate with any other consultant.
6 REQUEST FOR PROPOSALS
Housing Element Implementation
▪ The consultant will comply with access of records, conflict of interest, and other provisions as required.
VIII. TERMS AND CONDITIONS
Issuance of this RFP does not commit the Town to award a contract for services or to pay any costs incurred in the preparation of a response to this request. The Town retains the right to reject any and all submittals. Once submitted, the proposals become the property of the Town.
IX. ANTICIPATED SELECTION PROCESS TIMELINE
Project Benchmarks Date
RFP Issuance December 16, 2022
Questions Due January 9, 2022
Proposals Due January 16, 2023
City Council Awards February 16, 2023
X. Attachments
Town’s Standard Contract
The Town of Los Altos Hills (“Town”) is requesting proposals from qualified environmental consulting firms for the work entitled:
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) PURSUANT TO THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR
REZONING/CREATION OF MULTI-FAMILY ZONE TO ACCOMMODATE RHNA UNITS
RELATED TO HOUSING ELEMENT UPDATE OF THE GENERAL PLAN
Date of Issuance: December 16, 2022
Questions Due: January 9, 2022
Due Date: January 16, 2023
Proposals shall be submitted by qualified consultants that have demonstrated verifiable experience in preparing Environmental Impact Reports, executing project management, and conducting public outreach for similar projects as outlined in the scope of work described in this RFP.
The proposals shall be addressed to:
Sofia Mangalam, Planning Director
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022
Subject: Response to RFP regarding Preparation of Environmental Impact Report for Rezoning related to Housing Element
Proposals shall be submitted by email to [email protected] so that it is received not later than 5:00 P.M. on Monday, January 16, 2023.
All inquiries regarding the project and this RFP shall be directed to Sofia Mangalam, Planning Director, via telephone at (650) 947-2507, or, preferably, via email at [email protected]
Attachment 3
2 REQUEST FOR PROPOSALS
EIR for Housing Element Implementation
I. PROJECT BACKGROUND
The Town of Los Altos Hills is preparing updates of the Housing Element (2023-2031) of the General Plan, as mandated by State law. The Town is requesting proposals from qualified firms/consultants with specific experience preparing Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA) related to associated rezoning or creation of multi-family zone and Land Use Element update to facilitate Regional Housing Needs Allocation (RHNA) upon adoption of the Housing Element by January 31, 2023. The environmental review shall consider the maximum build-out allowed by the 6th Cycle Housing Element, related General Plan amendments, and related Town Code amendments over the course of the 2023-2031 planning period.
The Housing Element identifies and addresses housing needs by including goals, policies, and programs to preserve, improve, and develop housing for all economic segments of the community. This includes identifying housing sites to provide capacity for the Regional Housing Needs Allocation (RHNA) for the 2023-2031 planning period of 489 units, including an additional 15% buffer. A key component of the Town’s RHNA strategy is to create a Multi-family Infill zone, which will allow multi-family development and increased densities on identified institutional and single-family lots. The Town is also including accessory dwelling units and SB 9 units on single-family lots to accommodate RHNA.
Town’s Draft Housing Element submitted to State can be found in this link:
https://www.losaltoshills.ca.gov/DocumentCenter/View/5736/HCD_Cover-Letter_Townof-Los-Altos-Hills_Draft-Housing-Element II. SCOPE OF WORK
The proposed project will need to comply with the requirements of the California Environmental Quality Act (CEQA). The Town will serve as the lead agency for the purposes of CEQA and will administer the project contract.
The environmental scope of work includes conducting analyses, investigations, surveys, and technical studies related to the preparation of the appropriate level of CEQA documentation for the project. The environmental consultant team will prepare an administrative draft Initial Study (IS) to identify, and determine the extent of, potentially significant environmental impacts resulting from the project.
The consultant team shall prepare, post, and file all the appropriate environmental documents for compliance with CEQA, including the Initial Study, Notice of Intent to Adopt an EIR, Response to Comments, Mitigation Measures, Mitigation Monitoring Program, and Notice of Completion to be filed with OPR and the Santa Clara County Clerk. In addition, the consultant team will be responsible for preparing all notices and mailings for SB 18 and AB 52.
The CEQA documentation for this project is assumed to be a program level Environmental Impact Report (EIR). As part of preparation of the EIR, the environmental team will prepare Technical Memoranda for the following resource areas: traffic and transportation including VMT analysis, air quality and greenhouse gas emissions, noise and vibration, and public
3 REQUEST FOR PROPOSALS
EIR for Housing Element Implementation
services and utilities (including a water supply assessment).
The Technical Memoranda will be included as appendices to the EIR. For preparation of the EIR, the environmental consultant team will undertake a program of data collection in those areas in which current data are not available, are not valid, or are insufficient for a thorough analysis of potential impacts. The team will conduct an evaluation and will document the likely environmental impacts resulting from project implementation.
Environmental analysis by resource topics is identified as follows:
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services and Utilities
Recreation
Transportation
Tribal Cultural Resources
Utility and Service Systems
Wildfire
The EIR shall be prepared in the required format and shall include each discussion section as mandated under the provisions of the California Environmental Quality Act (Division 13, Section 21000 et seq. of the California Public Resources Code), State CEQA Guidelines (Title 14, Chapter 3, Section 15000 et seq. of the California Administrative Code).
The EIR shall be formatted and organized as follows:
1. Introduction
2. Executive Summary
3. Background
4 REQUEST FOR PROPOSALS
EIR for Housing Element Implementation
4. Project Description
5. Environmental and Regulatory Setting, Impacts and Mitigation Measures
6. Effects Found not to be Significant or Less than Significant with Mitigation Measures
7. Cumulative Impacts
8. Other CEQA-Required Sections
9. Alternatives
10. Consultation and Coordination
11. EIR Preparers
12. References
13. Technical Appendices
Some of the resource topics noted above are further described below:
a. Transportation
The new units will be included on various sites as described above. The traffic analysis will include an assessment of VMT in conformance with CEQA requirements.
Transportation analyses will be in conformance with relevant guidance published by Office of Planning and Research (OPR), Caltrans, and C/CAG. The transportation analysis shall also include a Level of Service (LOS) analysis of major intersections for evaluation. The specific intersections shall be determined by the Town and selected consultant. b. Air Quality
The EIR shall describe ambient air quality in the Town and Bay Area basin, including expected compliance or noncompliance with the Bay Area Air Quality Management District (BAAQMD) air quality standards resulting from the proposed project. Transportation and traffic studies completed as part of the environmental analysis, in addition to other sources, shall be used to estimate future project-related emissions on regional and local air quality, including potential impacts to sensitive receptors. Dust and emissions from constructionrelated activities must be assessed to determine whether their generation may result in any significant impacts to local or regional air quality. c. Greenhouse Gas Emissions (GHG)
Construction and operation of the building and site improvements will result in generation of GHG emissions. The project will additionally generate net new passenger vehicle trips compared to existing conditions. Estimated GHG emissions resulting from all such sources must be included when quantifying operational GHG emissions, which shall be evaluated in light of BAAQMD’s CEQA Air Quality Guidelines for greenhouse gas emissions and compared to BAAQMD’s recommended thresholds of significance for total GHG emissions and GHG emissions per capita. The project shall additionally be assessed for consistency with applicable state and local plans, such as BAAQMD’s 2030 and 2050 Greenhouse Gas Reduction Goals and 2017 Clean Air Plan, in addition to the Town’s Climate Action Plan.
d. Hazards and Hazardous Materials
The potential impacts of the additional units on emergency response, including potential evacuation, shall be addressed.
5 REQUEST FOR PROPOSALS
EIR for Housing Element Implementation
e. Noise and Vibration
The noise-related impacts derived from increased vehicular traffic as a result of the project shall additionally be included in the analysis.
f. Public Services and Utilities
The project area is currently served by utility lines and police, fire, park, and school services. Implementation of the project will exert additional demands on public services, utilities and infrastructure. Environmental effects resulting from new demand for services, in addition to any physical impacts resulting from anticipated new demand, shall be evaluated.
The following factors, in particular, must be assessed:
1) Potable Water: A Water Supply Assessment (WSA) as described in the California Water Code Sections 10910 through 10915, amended by the enactment of Senate Bill 610 (SB 610) in 2002 needs to be prepared for the project. SB 610 requires an assessment of whether available water supplies are sufficient to serve the demand generated by the new projects, as well as the reasonably foreseeable cumulative demand during normal year, single dry year, and multiple dry year conditions over the next 25 years.
2) Sewer Capacity: A Wastewater/Sewer capacity study will need to be prepared to determine if there is sufficient infrastructure capacity to serve the project site. 3) Police/Fire Services: Impact to public safety responses need to be evaluated with added population on the site including fire trucks and emergency vehicles access and circulation.
4) Schools: projections of new students and a comparison to existing and projected school capacity shall be included.
Mitigation Monitoring and Reporting Program (MMRP)
The consultant shall prepare an MMRP to develop and present feasible mitigation for significant impacts identified in the EIR for the project. The MMRP will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequency, subject to approval by Town staff. A Checklist will be prepared listing these items and providing a column for verification of compliance. Monitoring will be linked with existing processes of project design, development and review. The MMRP will be submitted to Town staff for review with the Administrative Final EIR. The final MMRP will be included in the Final EIR.
Scope of Requested Services
a. Project Kick-Off Meeting
The consultant team shall attend a project kick-off meeting with Town staff. b. Review of Town Documents and Data Collection
The consultant team shall review Town Ordinances, the General Plan, the Zoning Code and other relevant documents required for Environmental Analysis. The consultant team shall coordinate with Town staff and those of any other relevant agency/ies for data collection.
c. Preparation of CEQA Documents
6 REQUEST FOR PROPOSALS
EIR for Housing Element Implementation
The consultant shall prepare the Notice of Preparation (NOP), Notice of Completion (NOC), Notice of Availability (NOA) and Notice of Determination (NOD) at the appropriate timeframe. The consultant team shall coordinate with Town staff for mailing of the CEQA Notices to public agencies and the State Clearinghouse, including filing any documents with the County Clerk’s office.
d. Project Management
The consultant shall provide ongoing project management, including coordination with subconsultants, Town staff, other Town consultants, and outside regulatory agencies that would be involved throughout the process.
The consultant team shall prepare for, and attend, all meetings with Town staff and other agencies, as well as prepare meeting agenda and minutes for Town review. e. Technical Studies
The consultant shall perform Technical Surveys and prepare Technical Memoranda based on survey results and data collection for traffic and transportation, air quality and greenhouse gas emissions, noise and vibration, public services and utilities, water supply, aesthetics, and any other category of environmental review as relevant and as outlined above.
f. Attend and present at Planning Commission and City Council Meetings The consultant shall prepare staff reports and presentations for up to one (1) Planning Commission Public Scoping meeting and up to five (5) Planning Commission and City Council meetings regarding the information, analysis, findings, and recommendations contained in the environmental document, including one public meeting/hearing for adoption of the EIR.
g. Administrative Draft EIR (ADEIR)
The consultant shall prepare an ADEIR for review by the Town, incorporating appropriate technical studies. The consultant shall revise the ADEIR as necessary to respond to Town comments.
Three (3) hard copies and one (1) electronic copy of the ADEIR shall be provided. h. Draft EIR and Mitigation Monitoring and Reporting Plan (MMRP) The consultant shall prepare a Draft EIR, supported by Technical Studies and pertinent environmental review information. The Draft MMRP shall be included in the Draft EIR.
The Draft EIR shall be distributed to designated repositories, agencies, the State Clearinghouse and any interested member(s) of the public for review. Ten (10) hard copies and one (1) electronic copy of the Draft EIR shall be provided.
Additional hard copies shall be delivered to the State Clearinghouse. i. Response to Comments (RTC)
The consultant shall prepare a document that includes responses and modifications resulting from staff comments on the Administrative Draft EIR. One (1) hard copy and one (1) electronic copy of the RTC shall be provided. j. Final EIR
7 REQUEST FOR PROPOSALS
EIR for Housing Element Implementation
The consultant shall prepare a document consisting of the Draft EIR with proposed revisions incorporated, responses to comments received on the Draft EIR received during the public review period, and responses to those comments, including any modifications to the document itself as a result of comments received during the public comment period. In conformance with CEQA Guidelines Section 15088, if the responses to comments make important changes in the information contained in the text of the Draft EIR, the consultant shall highlight the revisions directly in the text of the EIR.
Up to fifteen (15) hard copies and one (1) electronic copy of the Final EIR shall be provided.
k. Project Progress Updates
The consultant team shall provide regular project progress updates via email to the Town.
l. Invoices
The consultant will submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date.
Invoices will contain the following information:
o The beginning and ending dates of the billing period; o Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
o A Task Summary containing, for each work task, the name of the person doing the work, the hours spent by each person, and a brief description of the work.
III. PROJECT SCHEDULE
The award of the contract is anticipated to take place during the City Council meeting on February 16, 2023; this date may be changed if the Town does not receive adequate responses). The CEQA documentation for the project will begin in February 2023 and is expected to be completed (including the Final EIR) by approximately December 2023.
IV. PROJECT BUDGET
All tasks within the enclosed Scope of Work shall be included within the proposal’s fee schedule and itemized according to required and optional tasks.
V. PROPOSAL REQUIREMENTS
All proposals submitted to the Town must contain the following minimum information:
A. A cover letter with contact information.
A description and statement of the firm’s qualifications for this project, as well as those of any subconsultants.
B. Project team
8 REQUEST FOR PROPOSALS
EIR for Housing Element Implementation
Organizational chart of the project team.
Names, qualifications and resumes of all project team members who will directly participate in the project.
C. A detailed statement regarding each of the following items:
A statement of overall problem/task as viewed by the firm. An explanation of the general approach to the project, and any suggested modifications to the project tasks.
A proposed work plan including a step-by-step breakdown of the tasks to be carried out, with estimates of personnel time allotted for each task. A project schedule indicating the proposed timeframe in which specific tasks will be completed, including major milestones.
A rate schedule by position, including an explanation of the basis for billing. Any proposed program components as perceived necessary by the consultant based upon understanding of the RFP, but not necessarily stated within. Other pertinent information deemed appropriate by the firm. A minimum of three (3) references, from within the past five (5) years, for which the consultant has provided consulting services (preferably of a project similar to the one that is the subject of this RFP), including address and telephone number of each, identifying a contact person with whom the firm has provided similar services, and including a description of projects completed. A minimum of three (3) examples of recently done EIRs, from within the past five (5) years.
VI. CONSULTANT SELECTION PROCEDURE
A. EVALUATION CRITERIA
All proposals will be evaluated using the following criteria:
Quality and completeness of proposal
Quality of the proposed services to be provided
Ability and experience of team members assigned to work on the project Technical experience in performing work of a closely similar nature Methodology and work program, including knowledge of local needs and the ability to work closely with Town staff, the project team, Planning Commission and City Council
Consultant availability, including ability to attend and make presentations at public, committee, and staff-level work meetings
Creativity and insight of proposal
Timing of work program and ability to perform the work within the time specified Project cost
9 REQUEST FOR PROPOSALS
EIR for Housing Element Implementation
Ability to produce high-quality and easy-to-read graphic information.
B. EVALUATION PROCEDURE
Evaluation of the proposals will be performed by Town staff who will assess the qualifications, experience and ability to perform the work of each consultant based on the criteria listed above. An oral interview with one or more of firms may be requested after written proposals have been received and reviewed by the Town. At the time of the interview, representatives of the consulting firm shall be prepared to clarify and elaborate on the details set forth in the firm’s proposal.
The Town of Los Altos Hills will administer the contract. The decision to accept any proposal shall be made not later than thirty (30) calendar days after the deadline for proposals to be submitted. Consultants whose proposals have not been accepted shall be so notified.
VII. GENERAL INFORMATION FOR PROPOSALS
The prospective firm shall submit one (1) soft (digital) copy by email of its proposal to the Town not later than January 16, 2023 at 5:00 P.M.*
Any questions related to the project and/or this RFP shall be directed to the Sofia Mangalam, Planning Director, via telephone at (650) 947-2507, or, preferably, via email at [email protected]
The proposal shall be signed by an authorized official of the firm. All costs incurred in the preparation of the proposal shall be the sole responsibility of the consultant.
The Town reserves the right to reject any and all proposals and to request additional information concerning any proposal for purposes of clarification. If awarded a contract, the consultant shall maintain insurance coverage, including worker’s compensation, reflecting the minimum amounts and conditions specified by the Town.
The terms and scope of the contract shall be arranged on the basis of professional negotiations between the Town and the prospective consultant. If the Town and the prospective consultant fail to reach a contractual agreement, the Town may then renegotiate with any other consultant.
The consultant will comply with access of records, conflict of interest, and other provisions as required.
VIII. TERMS AND CONDITIONS
Issuance of this RFP does not commit the Town to award a contract for services or to pay any costs incurred in the preparation of a response to this request. The Town retains the right to reject any and all submittals. Once submitted, the proposals become the property of the Town.
10 REQUEST FOR PROPOSALS
EIR for Housing Element Implementation
IX. ANTICIPATED SELECTION PROCESS TIMELINE
Project Benchmarks Date
RFP Issuance December 16, 2022
Questions Due January 9, 2022
Proposals Due January 16, 2023
City Council Awards February 16, 2023
X. Attachments
Town’s Standard Contract
TOWN OF LOS ALTOS HILLS December 15, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE THE
PURCHASE OF A MINI TRACK LOADER AND ACCESSORIES
FROM: Brad Donohue, Project Manager
Michael Schloetter, Maintenance Superintendent
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt the attached resolution amending the Capital Improvement Plan - Equipment Purchase for the Tractor and attachments for Trail Work on Pathways from $60,000 to $65,000 and authorizing the City Manager to enter into an agreement for the purchase of a mini track loader (Bobcat MT100) and various accessories in an amount not to exceed $65,000.
BACKGROUND:
The Public Works maintenance crew currently relies on manual labor extensively to construct and maintain new and existing Town pathways and trails. Given the width and accessibility to many of these pathways, the use of heavier equipment such as loaders and backhoes is not feasible due to the size of the equipment. The use of smaller equipment such as the Bobcat MT 100, will allow the crew to enter and access many of the remote pathways where the larger equipment cannot access. Currently the trails are being constructed by a range of hand tools and manual labor. The smaller equipment will allow for a higher level of production in maintaining and construction The use of this type of equipment along with the various accessories will provide higher levels of production. Allow the equipment to perform work such as grading, hauling soil, gravel and bags of concrete is taxing on the employees and the chance for injury can be likely.
The use of the right equipment can lessen the chance of injury. The maintenance crew does have experience using this type of equipment, on a couple of occasions the same or similar equipment has been rented for small trail projects, the results were great production, and enthusiasm to build and maintain the various pathways in Town.
DISCUSSION:
To increase productivity, improve efficiency, and reduce the risk of work-related injuries, the maintenance crew is requesting a mini track loader (loader) that is capable of traveling on narrow pathways, climb steep slopes, and operate within wooded areas. To operate the equipment efficiently in building and maintaining Town owned pathways. The loader is capable of performing many construction functions. For the loader to perform these various functions, specialized equipment accessories that are operated through the loader will need to be purchased.
For the equipment to perform a given function, an attachment shall be mounted on a loader. For AGENDA ITEM #7.G
B.D.
M.S.
P.P.
City Council Page 2
Purchase of a Mini Track Loader
December 15, 2022
the many tasks that are involved in creating and maintain pathways, staff is requesting the below equipment accessories.
• 36-inch Dirt Bucket- to move and haul soil and package supplies such as cement • 36-inch Root Grapple- grab and move tree trunks, branches, or other organic material • 48-inch Soil Conditioner- condition and breakdown native soil • 44-inch Brushcat- mow down hillside grasses and weeds, prep area before grading • Fork-lift attachment- to pick up pallets, assist in hauling materials and large tools • Auger kit and (1) 8-inch and (1) 12-inch augers
• 48” Mini Blade- is used for light grading work and leveling out soil and other granular material
(Pictures of the various equipment accessories are exhibited in Attachment 2)
Bid Process and Results
In compliance with the Los Altos Hills Municipal Code, staff reached out to four vendors requesting quotes for a brand-new mini track loader and various accessories, the quotes included equipment and accessories and all other miscellaneous charges.
Company Equipment Amount
Bobcat of Fremont, Fremont MT100 Mini Track Loader & BobTach Interface$57,591.82 Cresco Equipment Rentals & Affiliates,
Livermore
Wacker SM1000 Utility Tractor $61,884.01
Turf Star Western, Hayward Toro Dingo No response
C&N Tractors, Watsonville Kubota SCL1000 No response
Recommendations
Bobcat of Fremont provided a complete quote (See Bobcat quote Attachment 3) at the lesser cost for the mini track loader and requested accessories. Cresco the second proposer for the mini loader provided a quote for the Mini Track Loader and some of the required accessories. After review, and calculating what was similar in both quotes, staff determined that Bobcat of Fremont was less costly than the mini track loader from Cresco Equipment Rental, (see Cresco quote attachment 4) As a result, staff recommends that the City Council approve the purchase of a MT100 mini track loader from Bobcat of Fremont.
The costs of the proposed Mini Track Loader and various accessories is as follows:
MT100 Mini Track Loader & Bob-Tach Interface $28,198.68 Attachments and other charges $29,393.14
Subtotal $57,591.82
Estimated Sales Tax $5,759.18
Total Estimated Construction Contract $63,351.00
2022 CITY COUNCIL STRATEGIC PRIORITIES:
City Council Page 3
Purchase of a Mini Track Loader
December 15, 2022
This action supports the 2022/23 City Council Priorities to protect and maintain infrastructure of existing pathways, and to construct new pathways.
FISCAL IMPACT:
Staff is requesting that City Council amend the 2022-2023 Capital Improvement Plan and allocate an additional $5,000 to the purchase of the Tractor and Accessories for Trail Work on Pathways from $60,000 to $65,000.
ATTACHMENTS:
1. Resolution
2. Pictures of various equipment accessories
3. Bobcat of Fremont Quote
4. Cresco Equipment Rentals & Affiliates quote
RESOLUTION
RESOLUTION AUTHORIZING CITY MANAGER TO APPROVE THE PURCHASE
OF A MINI TRACK LOADER AND ACCESSORIES
WHEREAS, Public Works Staff did duly examine and consider all quotes submitted for a mini track loader; and
WHEREAS, Public Works Staff recommends that the purchase of the Mini Track Loader and recommended equipment accessories be approved to buy from Bobcat of Fremont in the amount of $63,351.00; and
WHEREAS, Public Works Staff recommends that The 2022-2023 Capital Improvement Plan allocation budget of $60,000 for the purchase of the Tractor and attachments for Trail work on Pathway Equipment funds be increased to $65,000 to cover all miscellaneous purchase costs and sales tax
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that;
1. The City Council does hereby approve amending the 2022-2023 Capital Improvement Plan budget for the purchase of a Tractor and equipment accessories for trail Work on Patways from $60,000 to $65,000.
2. The City Manager is hereby authorized to approve a purchase order to Bobcat of Fremont on behalf of the Town of Los Altos Hills for a Bobcat MT100 mini track loader and all required equipment accessories..
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 15th day of December 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1
BOBCT MT 100 ACCESSORIES Attachment 2
Bobcat MT 100 36’ Dirt Bucket
36” ROOT GRAPPLE 48” Soil Conditioner
44” BRUSHCAT 36 “ Pallet Fork
AUGER KIT AND 8” AND 12” AUGER 36” Mini Blade
TOWN OF LOS ALTOS HILLS December 15, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING EXECUTION OF THE 23520 RAVENSBURY
AVENUE SANITARY SEWER MAIN REIMBURSEMENT AGREEMENT
BETWEEN THE TOWN OF LOS ALTOS HILLS AND JAMES AND
JENNIFER DORAN
FROM: Daniel Liang, Utility Engineering Manager
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt the resolution authorizing execution of a Sanitary Sewer Reimbursement Agreement between the Town of Los Altos Hills and James and Jennifer Doran.
BACKGROUND:
In December 2019, the property owners of 23520 Ravensbury Avenue applied for a building permit for an addition and remodel project, which was subject to sewer connection requirements.
The Project owners installed approximately 300 linear feet of 8-inch gravity sewer main and two manhole structures on Ravensbury Avenue from an existing sewer manhole in front of 23520 Ravensbury Avenue to the intersection with Toyonita Road. In April 2021, the project was completed. The project was inspected by Town staff and found to be complete and acceptable in accordance with the approved plans and specifications submitted by the Project owners and previously approved by the City Engineer.
On September 16, 2021, the City Council adopted a resolution accepting the Ravenbury Avenue Sanitary Sewer Maine Extension Project and approving a sanitary sewer offer of dedication and dedication agreement between the Town of Los Altos Hills and James and Jennifer Doran.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b).
DISCUSSION:
In August 2022, the owner submitted documents required to establish a reimbursement agreement per Town’s Municipal Code Section 6-4, Article 5. The proposed Ravensbury Sewer Reimbursement Agreement is attached (Attachment 2). Once approved, the duration of the Agreement is twenty-five (25) years from the date of the City Council resolution.
AGENDA ITEM #7.H
D.L.
P.P.
The amount of the reimbursement from the listed properties is based on the pro-rata share of costs incurred by James and Jennifer Doran to install the sewer main plus annual adjustments and processing fees as set forth in Exhibit B.
CONCLUSION
Staff recommends approval of the Ravensbury Avenue Sanitary Sewer Reimbursement Agreement.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of the Resolution.
ATTACHMENTS:
1. Resolution
2. Ravensbury Sanitary Sewer Reimbursement Agreement
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING THE RAVENSBURY SANITARY SEWER MAIN EXTENSION
PROJECT REIMBURSEMENT AGREEMENT BETWEEN THE TOWN OF LOS
ALTOS HILLS AND JAMES AND JENNIFER DORAN
WHEREAS, on September 16, 2021, the City Council of the Town of Los Altos Hills (“Town”) adopted a resolution accepting the 23520 Ravensbury Avenue Sanitary Sewer Main Extension Project (“Project”) and approving a sanitary sewer offer of dedication and dedication agreement between the Town of Los Altos Hills and James and Jennifer Doran.
WHEREAS, pursuant to Town Municipal Code Section 6-4.501 through 6-4.504, entitled “Sewer Improvement Reimbursement” and the Town’s Sanitary Sewer Reimbursement Policy dated June 7, 2001, the intent of the sewer reimbursement program is to encourage the availability of public sanitary sewers for Town residents in a fair and rational manner, where the Town will enter into an agreement with property owners willing or required to construct public sanitary sewer infrastructure and reimburse them for a fair share of the direct cost of construction collected from “future users” properties that directly benefit from that construction; and WHEREAS, the Project owners James and Jennifer Doran completed the Project in April 2021, with the new sewer main located on Ravensbury Avenue between 23548 Ravensbury Ave and the Ravensbury-Toyonita intersection in the Town’s public right-of-way; and WHEREAS, the Project was inspected by Town Public Works/Engineering staff and determined to be complete and acceptable in accordance with the plans and specifications submitted by the Project owner and previously approved by the City Engineer and City Council; and WHEREAS, the Project owner has submitted all the documents required for entering into a sewer reimbursement agreement; and
WHEREAS, the Town has read and considered that certain Sanitary Sewer Reimbursement Agreement (“Agreement”) between the Town and James and Jennifer Doran, and desires to approve the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:
1. Public interest and convenience and the promotion of sewer system improvements support the Town entering into the Agreement described above.
2. The Town of Los Altos Hills hereby approves the Agreement and the Mayor is hereby authorized on behalf of the Town to execute the Agreement between the Town of Los Altos Hills and James and Jennifer Doran.
Attachment 1
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 15th day of December 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
RAVENSBURY SANITARY SEWER REIMBURSEMENT AGREEMENT
This Sanitary Sewer Reimbursement Agreement (“Agreement”) is entered into this ____ day of _____________, 2022, by and between the Town of Los Altos Hills, a municipal corporation of the State of California (“Town”) and James and Jennifer Doran (“Property Owner”).
RECITALS:
A. Property Owner constructed a sanitary sewer extension commonly known as the Ravensbury Sanitary Sewer Main Extension Agreement within the Town as more particularly shown on Exhibit A, attached hereto (“Sanitary Sewer Extension”).
B. Section 6–4.503 of the Town’s Municipal Code allows the Town’s Sanitary Sewer Reimbursement Policy Dated June 7, 2001 permit the Town to enter into a reimbursement agreement with property owners so that the property owners may be reimbursed for the responsible portion of the costs of a sanitary sewer extension by future users of the extension as set forth in Exhibit B.
C. After due consideration of all relevant factors such as the location and nature of the Sanitary Sewer Extension, the area to be served by the Sanitary Sewer Extension, the developable areas potentially served by the Sanitary Sewer Extension and the residential unit flow of sewage, the City Engineer has found and determined, after proper application by Property Owner, that the Sanitary Sewer Extension will benefit not only the lands of Property Owner, but also other lands which may be served by the Sanitary Sewer Extension at a future date (“Benefiting Lands”). The Benefiting Lands are more particularly set forth in Exhibit B, attached hereto. The current and future owners of Benefiting Lands who later request a hook-up to the Sanitary Sewer Extension, or who are required by the Town to connect to the Sanitary Sewer Extension, shall be hereinafter collectively referred to as “Future Users”.
D. The Town and Property Owner now desire to provide for reimbursement to Property Owner by each Future User for that Future User’s pro-rata share of Sanitary Sewer Extension costs (“Usage Fee”) as shown in Exhibit B, attached hereto. Usage Fee shall be subject to annual adjustments by the Town as specified in the then current “Town of Los Altos Hills Policy, Procedures and Guidelines – Sanitary Sewer Reimbursement Agreement” Attachment 2
Revised and Posted 12/12/22
document, Exhibit C attached hereto, or its replacement document. The Town and Property Owner acknowledge that the total amount that the Property Owner may be reimbursed for the Sanitary Sewer Extension is an amount totaling seventy-nine thousand two hundred ninety three dollars and zero cents ($79,293) plus (1) annual Construction Cost Index (“CCI”) adjustments as set forth in Exhibit B; and (2) an additional five percent (5%) of the amount of usage fee as adjusted annually, for Town administrative fees.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. The Town will collect the Usage Fee for each Future User as indicated in Exhibit B upon a request by a Future User to connect to the Sanitary Sewer Extension (“Connection Request”), or upon notice to a Future User that it is subject to a Town requirement that the Future User connect to the Sanitary Sewer Extension (“Connection Requirement Notice”). The Town shall be entitled to collect the Usage Fee at any time after a Connection Request or Connection Requirement Notice, and prior to a hook-up by a Future User to the Sanitary Sewer Extension.
2. All Usage Fees collected from Future Users shall include an additional administrative fee equal to five percent (5%) of the Usage Fee amount as annually adjusted based on CCI to pay the costs incurred by the Town in connection with the administration of this Agreement. (“Administrative Fee”).
3. Within sixty (60) days of the end of each year during which this Agreement is in effect, the Town shall pay to Property Owner any and all funds collected pursuant to Paragraph 1 above, less the Administrative Fee. The Town shall make the check payable to James and Jennifer Doran and shall send such check to Property Owner at 23520 Ravensbury Avenure, Los Altos Hills, CA, 94024.
4. Property Owner agrees to indemnify and hold harmless the Town from any claims, costs or expenses incurred by the Town in connection with any claim by any person or entity with respect to this Agreement, the associated costs or the Usage Fees.
5. All regulations and applicable ordinances of the Town shall apply to this Agreement and to the performances hereunder.
6. If by decision of a court of competent jurisdiction or by California law it shall be declared or become unlawful or unconstitutional to require Future Users to reimburse Property Owner for the Sanitary Sewer Extension, then (a) the Town’s obligations to collect and account for any further Usage Fee(s) shall automatically terminate; and (b) Property Owners and their successors or assigns shall indemnify and hold harmless the Town from any claims or liability to Future Users for the legally required return of any Usage Fee.
7. In the event of a dispute between any Future User and the Town with respect to the payment of the Usage Fee, the Town may, at its option, take any appropriate action against such Future User to collect the Usage Fee. It is agreed that no Future User shall be allowed to connect to the Sanitary Sewer Extension prior to payment in full of the Usage Fee as specified in Exhibit B during the term of this Agreement.
8. Property Owner and its agents shall hold harmless the Town for any failure by the Town to collect the Usage Fee from any Future User, and nothing in this Agreement shall be construed as imposing any obligation upon the General Fund of the Town and payments shall be made to Property Owner only to the extent funds are actually received and collected by the Town pursuant to this Agreement.
9. This Agreement, and the obligations of the Town hereunder, whether or not all of the Reimbursement Amount or any portion thereof has been collected and remitted to Property Owner or its agents hereunder, shall terminate on the twenty-fifth (25th) anniversary of the date of this Agreement.
10. Prior to execution of this Agreement by the Town, the Property Owner shall pay all legal fees and costs incurred by the Town in connection with preparing this Agreement.
11. This Agreement shall be binding upon the successors, heirs and assigns of the parties hereto, but Property Owner shall not assign any of its rights under this Agreement without the prior written consent of the Town, which consent shall not be unreasonably withheld.
12. The Exhibits attached hereto are hereby incorporated into this Agreement by this reference.
13. All negotiations and agreements previously made by the parties and their agents with respect to this transaction are merged into this Agreement which completely sets forth the obligations of the parties.
The parties hereto have executed this Agreement effective as of the date written above.
ATTEST: TOWN OF LOS ALTOS HILLS
Deborah Padovan, City Clerk George Tyson, Mayor
PROPERTY OWNERS
Steve Mattas, City Attorney James Doran
Jennifer Doran
Exhibit A
Engineering As-Built Plans for SANITARY SEWER MAIN EXTENSION, 23520 RAVENSBURY AVENUE, prepared by N. M. Le of KC Engineering, dated 10/6/2021 consisting of six (6) sheets on file with the Engineering Department of the Town of Los Altos Hills
Exhibit B
FUTURE USER
Address APN# Usage Fee
23503 Ravensbury Ave 331-17-062 [$39,646.50 + CCI*%] + 5% AF* 23520 Ravensbury Ave 336-38-025 Installer
23525 Ravensbury Ave 331-17-077 [$39,646.50 + CCI*%] + 5% AF*
*CCI% is Construction Cost Index adjustment from prior year which is applied to the base Usage Fees in the first year of the Agreement and to the cumulative CCI-adjusted prior year Usage Fees on June 30th annually thereafter; 5% AF is Administrative Fee as set forth in Paragraph 2 of the Agreement.
Base CCCI (November 2022) = 8765
TOYONITA ROAD 23450 23480 23500 2344623350 2344523520 23548 23576 23600 23423 23660 AVENUE
RAVENSBURY
ARROYO 115202358923575 11564
BERKSHIRE 10225 23525 10371 1041510450 10501 10531 10575 10625 10580 10465 10455 10435 10515 10645 10500 33638030 33638029 33638014 33638009 33638016 33638019 33638025 33638017 33638018 33638024 33637019 33105036 33105035 33105034 33117073 33117053 33117050 33117062 33117039 33117076 33117077 33117083 3311705933117003 33117001 33117058 33117002 33116056 33116057 33116099 23503
TOWN OF LOS ALTOS HILLS December 15, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2022 SANITARY SEWER REPAIR AND REPLACEMENT
PROJECT AND AUTHORIZE STAFF TO ADVERTISE THE PROJECT
FOR BIDS
FROM: Daniel Liang, Utility Engineering Manager
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt the attached resolution approving the project specifications for the 2022 Sanitary Sewer Repair and Replacement Project and authorize staff to advertise the project for bids.
BACKGROUND:
Each year, the Public Works Department compiles a list of sewer segments with significant structural or maintenance defects. The main objective of the annual sanitary sewer repair and rehabilitation program is to repair and replace defective sewer pipes in the Town's sanitary sewer system to maintain uninterrupted conveyance of wastewater to the Palo Alto Regional Water Quality Control Treatment Plant through the collection systems of the Cities of Palo Alto and Los Altos. These repairs reduce the risk of sewer collapse and sinkholes forming in roadway, pathway, and easements.
Per the Town’s Municipal Code section 2-4.04, titled “Bidding procedures,” all purchases of public projects, the cost of which is one hundred twenty-five thousand dollars ($125,000) or more, shall be based upon specifications theretofore approved by the City Council and submitted for formal bidding. The notice inviting bids to purchase shall be advertised upon authority of the City Council, and such advertisement shall be published one time in a newspaper of general circulation published nearest to the City, and in addition, invitations to bid may be mailed to prospective vendors at the discretion of the City Manager.
DISCUSSION:
Project Description
The proposed project will replace damaged and deteriorated sanitary sewer main located both within street right of way and easement areas at various locations throughout the Town.
The project includes approximately 798 linear feet of sewer rehabilitation. The primary pipe replacement method is trenchless in-line pipe replacement, which is pipe bursting AGENDA ITEM #7.I
P.P.
D.L.
and/or reaming, and point repair. The selection of the sewer segments is based on the results of video inspection data, review and analysis by staff, and field noted follow-up from the Town’s sewer maintenance and operation contractor, West Bay Sanitary District.
Inspection and coordination services are required for the 2022 Sanitary Sewer Repair and Replacement Project.
Authorize Advertising Bid Process
Staff prepared the bid documents, including project plans, specifications, and the engineering estimate in-house. A Notice to Bidders will be published twice in the Los Altos Town Crier and posted on the Town's website. Similar to last year’s advertisement process, staff will send the Notice to Bidders to the Builders Exchanges, covering Alameda County, Santa Clara County, Contra Costa County, the Peninsula area, and the San Francisco Bay Area. Staff will also reach out to qualified contractors twice via telephone calls and emails to notify them of the project and remind them of the pre-bid meeting.
Recommendations
Staff recommends that the City Council approve the specifications and authorize staff to advertise the project and inspection services for bids on the 2022 Sanitary Sewer Repair and Replacement Project. If the recommended actions are approved, construction is expected to begin in March 2023 and be completed by May 2023.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b).
2022 CITY COUNCIL STRATEGIC PRIORITIES:
This action was identified on the 2022 City Council Priorities and is in the Town CIP program to protect and improve the Town’s infrastructure.
FISCAL IMPACT:
The total estimated project cost is as follows:
Construction (including contingency) $ 530,000
Town Administration and Inspection $ 40,000
Total Estimated Project Cost $ 570,000
There is no fiscal impact associated with the recommendation. A total of $920,350 was appropriated for the 2022 Sanitary Sewer Repair and Replacement Project was allocated in the 2022/23 Sewer Capital Improvement budget. No additional appropriation is needed for this project.
SCHEDULE:
The following is the tentative schedule for this project. The actual schedule will be developed and confirmed with the contractor based upon completion of the required contract documents, approval of pre-submittals, and their availability.
Award Construction Contract February 2023
Begin Construction March 2023
Construction Completion May 2023
ATTACHMENTS
1. Resolution
2. List of Pipe Segments
3. Plans and Specifications
RESOLUTION -22
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2022
SANITARY SEWER REPAIR AND REPLACEMENT PROJECT AND
AUTHORIZE STAFF TO ADVERTISE THE PROJECT FOR BIDS
WHEREAS, the Town of Los Altos Hills has appropriated $920,350 for the construction of the 2022 Sanitary Sewer Repair and Replacement Project; and WHEREAS, the Engineer’s Estimate for the 2022 Sanitary Sewer Repair and Replacement Project is $670,000; and
WHEREAS, the Utility Engineering Manager recommends that the City Council approve the project specifications for the 2022 Sanitary Sewer Repair and Replacement Project; and
WHEREAS, the Utility Engineering Manager recommends that the City Council authorize staff to advertise the project for bids.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:
1. The project specifications described in the City Council Agenda Summary for this Resolution are hereby approved.
2. The Public Works Department is authorized to advertise the 2022 Sanitary Sewer Repair and Replacement Project and inspection services for bids.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 15th day of December, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1
2022 Sanitary Sewer Repair and Replacement Project
Drawing Location USMH DSMH
Repair
Length
(ft)
Method Nearest Street
C-101 1 OMH1129 OMH1022 8 Point Repair Adobe Creek Lodge Road C-102 3 OMH1008 OMH1011 5 Point Repair Murietta Lane
C-103 4 OMH1062 OMH1061 12 Point Repair Old Snakey Road C-104 5 PMH1044 PMH1044 12 Point Repair Hooper Lane
C-105 6 GMH1035 GMH1036 25 Point Repair Via Cerro Gordo C-106 7 EMH1047 EMH1227 6 Point Repair Ascension Drive
C-107 18 FMH1040 FMH1041 83 Pipe Bursting Miranda Road
C-108 14 LCO1002 LMH1136 10 Point Repair Stonebrook Court C-109 16 GMH1061 GMH1060 65 Point Repair Matadero Creek Lane C-109 17 GMH1031 GMH1032 69 Point Repair Matadero Creek Lane C-110 20 HMH1030 HMH1029 15 Point Repair Viscaino Road
C-111 21 HMH1103 HMH1102 209 Pipe Bursting La Cresta Drive C-112 25 FMH1054 FMH1053 15 Point Repair Miranda Road
C-113 26 GMH1040 GMH1041 206 Pipe Bursting Matadero Creek Court C-114 27 DMH1092 DMH1091 4 Point Repair Page Mill Road
C-115 29 PMH1078 PMH1079 4 Point Repair Finn Lane
C-116 30 QMH1025 QMH1018 4 Point Repair Winding Way
Attachment 2
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
Notice to Bidders
Proposal
Agreement
Special Provisions
FOR
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
FOR USE WITH
THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS 2018 EDITION
PUBLIC WORKS DEPARTMENT
TOWN HALL, 26379 FREMONT ROAD
LOS ALTOS HILLS, CA 94022
TELEPHONE: (650) 941-7222
FAX NO: (650) 941-3160
Wei Lien Liang, PE
Utility Engineering Manager
R.C.E. 68845, License Expires 9/30/2023
Pre-Bid Meeting: January 12, 2023, 10:00 AM at Town Hall Bid Opening: February 9, 2023, 2:00 PM at Town Hall
Attachment 3
i
TABLE OF CONTENTS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
TABLE OF CONTENTS
NOTICE TO BIDDERS .................................................................................................................................. 1 PROPOSAL REQUIREMENTS .................................................................................................................... 5 PROPOSAL TO THE CITY COUNCIL .......................................................................................................... 7 ITEM PRICE SCHEDULE ............................................................................................................................. 9 LIST OF SUBCONTRACTORS .................................................................................................................. 11 ADDENDA ACKNOWLEDGMENT AND INFORMATION .......................................................................... 13 EXPERIENCE AND FINANCIAL QUALIFICATIONS ................................................................................. 15 PUBLIC CONTRACT CODE ....................................................................................................................... 17 NON-COLLUSION AFFIDAVIT ................................................................................................................... 21 BID BOND ................................................................................................................................................... 23 CONTRACT ................................................................................................................................................ 27 GENERAL LIABILITY ENDORSEMENT .................................................................................................... 31 AUTOMOBILE LIABILITY ENDORSEMENT .............................................................................................. 33 WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT ............................................. 35 CERTIFICATE OF INSURANCE ................................................................................................................ 37 PERFORMANCE BOND ............................................................................................................................. 39 PAYMENT BOND ....................................................................................................................................... 43 ESCROW FOR SECURITY DEPOSIT ....................................................................................................... 47 MAINTENANCE BOND ............................................................................................................................... 51 SPECIAL PROVISIONS .............................................................................................................................. 55 SECTION 1 - GENERAL ............................................................................................................................. 55 1-1 DEFINITIONS .............................................................................................................................. 55 1-2 ABBREVIATIONS ....................................................................................................................... 56 SECTION 2 - BIDDING ............................................................................................................................... 57 2-1 GENERAL ................................................................................................................................... 57 SECTION 3 - CONTRACT AWARD AND EXECUTION ............................................................................. 59 SECTION 4 - SCOPE AND CONTROL OF THE WORK ........................................................................... 61 4-1 SUBCONTRACTS....................................................................................................................... 61 4-2 CONTRACT BONDS .................................................................................................................. 61 4-3 PLANS AND SPECIFICATIONS ................................................................................................. 61 4-4 SHOP DRAWINGS AND SUBMITTALS ..................................................................................... 62 4-5 WORK TO BE DONE .................................................................................................................. 62 SECTION 5 - CHANGES IN WORK ........................................................................................................... 63 5-1 CHANGES INITIATED BY THE TOWN ...................................................................................... 63 5-2 EXTRA WORK ............................................................................................................................ 63 5-2.1 GENERAL ........................................................................................................................... 63
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5-2.2 PAYMENT ........................................................................................................................... 63 5-3 RESOLUTION OF CONSTRUCTION CLAIMS .......................................................................... 65 SECTION 6- CONTROL OF MATERIALS .................................................................................................. 73 SECTION 7 - UTILITIES ............................................................................................................................. 75 SECTION 8 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ................................ 77 8-1 CONSTRUCTION, SCHEDULE AND COMMENCEMENT OF WORK ...................................... 77 8-2 WRITTEN NOTICE AND REPORT ............................................................................................. 77 8-3 WORKING DAY .......................................................................................................................... 77 8-4 COMPLETION AND ACCEPTANCE .......................................................................................... 78 8-5 LIQUIDATED DAMAGES ............................................................................................................ 78 8-6 USE OF IMPROVEMENT DURING CONSTRUCTION .............................................................. 78 SECTION 9 - RESPONSIBILITIES OF THE CONTRACTOR .................................................................... 79 9-1 LABOR NONDISCRIMINATION ................................................................................................. 79 9-1.1 PREVAILING WAGE ........................................................................................................... 79 9-1.2 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES ...................................... 79 9-1.3 SUBCONTRACTING .......................................................................................................... 79 9-1.4 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................................... 79 9-1.5 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ......................... 79 9-2 LAWS .......................................................................................................................................... 80 9-2.1 PAYROLL RECORDS ......................................................................................................... 80 9-2.2 LIABILITY INSURANCE ...................................................................................................... 81 9-2.3 RESERVED ......................................................................................................................... 83 9-2.4 HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR ..................................... 83 9-2.5 RESPONSIBILITY FOR DAMAGE ..................................................................................... 83 9-2.6 FAILURE TO MAINTAIN INSURANCE............................................................................... 84 9-2.7 REGISTRATION OF CONTRACTORS .............................................................................. 84 9-3 PERMITS .................................................................................................................................... 84 9-4 THE CONTRACTOR'S REPRESENTATIVE .............................................................................. 84 9-4.1 INDEPENDENT CONTRACTOR ........................................................................................ 84 9-4.2 CONTRACTOR NOT AGENT ............................................................................................. 85 9-4.3 ASSIGNMENT PROHIBITED ............................................................................................. 85 9-5 PROJECT SITE MAINTENANCE ............................................................................................... 85 9-5.1 SOUND CONTROL REQUIREMENTS .............................................................................. 85 9-5.2 CLEAN UP AND DUST CONTROL .................................................................................... 85 9-6 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ................................... 85 9-7 PUBLIC CONVENIENCE AND SAFETY .................................................................................... 85 9-7.1 TRAFFIC AND ACCESS ..................................................................................................... 85 9-7.2 STREET CLOSURES, DETOURS, BARRICADES ............................................................ 85 9-7.3 PUBLIC SAFETY ................................................................................................................ 86 9-8 ANTITRUST CLAIMS .................................................................................................................. 87 SECTION 10 – FACILITIES FOR AGNECY PERSONNEL ........................................................................ 89 SECTION 11 - MEASUREMENT AND PAYMENT ..................................................................................... 91 11-1 PAYMENTS ................................................................................................................................. 91 11-1.1 WORK NOT ITEMIZED IN THE CONTRACT PRICE SCHEDULE .................................... 91 11-1.2 RELEASE OF RETENTION ................................................................................................ 91 11-1.3 PARTIAL AND FINAL PAYMENT ....................................................................................... 91
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11-2 PAYMENT SCHEDULE .............................................................................................................. 91 SECTION 12 - GENERAL REQUIREMENTS ............................................................................................. 95 12-1 SCOPE OF WORK ..................................................................................................................... 95 12-2 PUBLIC RELATIONS .................................................................................................................. 95 12-3 PROTECTION OF UTILITIES ..................................................................................................... 95 12-4 PERMITS AND LICENSES ......................................................................................................... 96 12-5 EXISTING IMPROVEMENTS ..................................................................................................... 96 12-6 DUST CONTROL ........................................................................................................................ 96 12-7 PUBLIC CONVENIENCE AND SAFETY .................................................................................... 96 12-8 NOTIFICATION ........................................................................................................................... 96 12-9 CONVEYANCE AND STORAGE ................................................................................................ 97 12-10 EXCESS MATERIAL ............................................................................................................... 97 12-11 POLLUTION CONTROL ......................................................................................................... 97 12-12 STAKING ................................................................................................................................. 97 12-13 SCHEDULING OF WORK ...................................................................................................... 97 12-14 RECORD DRAWINGS ............................................................................................................ 98 12-15 SUBSTITUTION FOR MATERIALS SPECIFIED .................................................................... 98 12-16 INQUIRIES DURING BID PERIOD ......................................................................................... 98 12-17 CONSTRUCTION UTILITIES ................................................................................................. 98 12-18 SUBMITTALS .......................................................................................................................... 99 SECTION 13 - MOBILIZATION................................................................................................................. 101 13-1 MOBILIZATION AND DEMOBILIZATION ................................................................................ 101 SECTION 14 – RESERVED ...................................................................................................................... 103 SECTION 15 - TRAFFIC CONTROL ........................................................................................................ 105 15-1 GENERAL ................................................................................................................................. 105 15-2 TRAFFIC CONTROL PLANS .................................................................................................... 105 15-3 TRAFFIC CONTROL DEVICES ................................................................................................ 105 15-4 FLAGGERS ............................................................................................................................... 107 15-5 ACCESS TO PRIVATE PROPERTY ........................................................................................ 108 15-6 NOTICE TO AGENCIES ........................................................................................................... 108 15-7 EMERGENCY VEHICLE ACCESS THROUGH DETOURS ..................................................... 108 15-8 DIVERTING TRAFFIC .............................................................................................................. 109 15-9 PARKING RESTRICTIONS ...................................................................................................... 109 15-10 POSTING NOTICE AND NOTIFICATION TO RESIDENTS ................................................ 109 15-11 PLATING AND TEMPORARY SURFACING ........................................................................ 109 15-12 MEASUREMENT AND PAYMENT ....................................................................................... 110 SECTION 16 - SITE PREPARATION AND RESTORATION .................................................................... 111 16-1 GENERAL ................................................................................................................................. 111 16-1.1 WORK INCLUDED ............................................................................................................ 111 16-1.2 SUBMITTALS .................................................................................................................... 111 16-2 PRODUCTS .......................................................................................................................... 111 16-2.1 TOP SOIL .......................................................................................................................... 111 16-3 EXECUTION ............................................................................................................................. 111
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16-3.1 DOCUMENT EXISTING CONDITIONS ............................................................................ 111 16-3.2 PORTABLE FACILITES .................................................................................................... 111 16-3.3 CLEARING AND STRIPPING ........................................................................................... 111 16-3.4 DEMOLITION .................................................................................................................... 111 16-3.5 DISPOSAL ........................................................................................................................ 111 16-3.6 SITE RESTORATION ....................................................................................................... 111 16-4 TREE ROOT PRUNING ............................................................................................................ 112 16-5 MEASUREMENT AND PAYMENT ........................................................................................... 112 SECTION 17 - EARTHWORK .................................................................................................................. 113 17-1 SCOPE OF WORK ................................................................................................................... 113 17-2 SOIL CONDITIONS .................................................................................................................. 113 17-3 UNCLASSIFIED EXCAVATION ................................................................................................ 113 17-4 COMPACTION .......................................................................................................................... 113 17-5 CARE OF EXISTING STRUCTURES AND UTILITIES ............................................................ 113 17-6 PROTECTION OF TREES, SHRUBS AND LAWNS ................................................................ 114 17-7 MAINTAINING DRAINAGE ....................................................................................................... 114 17-8 SEASONAL LIMITS .................................................................................................................. 115 17-9 CONTROL OF WATER ............................................................................................................. 115 17-10 DISPOSAL OF EXCESS EXCAVATED MATERIAL ............................................................. 115 17-10.1 NATIVE MATERIAL FOR TOPSOIL ............................................................................. 115 17-11 POTHOLING ......................................................................................................................... 115 17-12 INTERFERING SUBSTRUCTURES ..................................................................................... 115 17-13 MEASUREMENT AND PAYMENT ....................................................................................... 116 SECTION 18 - SHEETING, SHORING, AND BRACING ......................................................................... 117 18-1 SHEETING, SHORING, AND BRACING .................................................................................. 117 SECTION 19 - ASPHALT CONCRETE PAVEMENT AND RESURFACING WORK ............................... 119 PART 1 – GENERAL ............................................................................................................................ 119 19-1.1 WORK INCLUDED ............................................................................................................ 119 19-1.2 REFERENCES .................................................................................................................. 119 19-1.3 SUBMITTALS .................................................................................................................... 119 19-1.4 QUALITY CONTROL ........................................................................................................ 120 19-1.5 REGULATORY REQUIREMENTS ................................................................................... 120 19-1.6 MEASUREMENT AND PAYMENT ................................................................................... 121 PART 2 – MATERIALS ......................................................................................................................... 121 19-2.1 AGGREGATE .................................................................................................................... 121 19-2.2 ASPHALT BINDER ........................................................................................................... 121 19-2.3 PRIME COAT .................................................................................................................... 121 19-2.4 TACK COAT ...................................................................................................................... 121 19-2.5 AGGREGATE BASE ......................................................................................................... 121 PART 3 – EXECUTION ......................................................................................................................... 121 19-3.1 AGGREGATE BASE ......................................................................................................... 121 19-3.2 PRIME COAT AND TACK COAT ...................................................................................... 121 19-3.3 ASPHALT CONCRETE ..................................................................................................... 121 19-3.4 COMPACTION TESTING ................................................................................................. 122 19-3.5 UTILITY STRUCTURES AND MONUMENTS .................................................................. 122 SECTION 20 – PAVEMENT MARKINGS ................................................................................................. 123
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PART 1 – GENERAL ............................................................................................................................ 123 20-1.1 WORK INCLUDED ............................................................................................................ 123 20-1.2 REFERENCES .................................................................................................................. 123 20-1.3 SUBMITTALS .................................................................................................................... 123 20-1.4 MEASUREMENT AND PAYMENT ................................................................................... 123 PART 2 – MATERIALS ......................................................................................................................... 123 20-2.1 THERMOPLASTIC PAINT ................................................................................................ 123 20-2.2 REFLECTIVE PAVEMENT MARKERS ............................................................................ 124 20-2.3 BLUE REFLECTIVE HYDRANT PAVEMENT MARKERS ............................................... 124 PART 3 – EXECUTION ......................................................................................................................... 124 20-3.1 LAYOUT OF MARKINGS .................................................................................................. 124 20-3.2 PREPARATION ................................................................................................................. 124 20-3.3 WEATHER LIMITATION ................................................................................................... 125 20-3.4 APPLICATION ................................................................................................................... 125 20-3.5 TOLERANCES .................................................................................................................. 126 20-3.6 CLEANUP ......................................................................................................................... 126 SECTION 21 – SANITARY SEWER ......................................................................................................... 127 PART 1 – GENERAL ............................................................................................................................ 127 21-1.1 DESCRIPTION OF WORK ............................................................................................... 127 21-1.2 PIPE BURSTING AND PIPE REAMING METHOD .......................................................... 127 21-1.3 OPEN TRENCH METHOD ............................................................................................... 127 21-1.4 RESERVED ....................................................................................................................... 127 21-1.5 HANDLING ........................................................................................................................ 127 21-1.6 REFERENCE STANDARDS ............................................................................................. 128 21-1.7 DEFINITIONS .................................................................................................................... 128 21-1.8 MEASUREMENT AND PAYMENT ................................................................................... 129 21-1.9 QUALITY CONTROL ........................................................................................................ 129 21-1.10 SUBMITTALS ................................................................................................................ 129 21-1.11 FIELD SURVEYS .......................................................................................................... 130 PART 2 – PRODUCTS ......................................................................................................................... 130 21-2.1 HDPE PIPE ....................................................................................................................... 130 21-2.2 PVC PIPE .......................................................................................................................... 131 21-2.3 STORAGE OF PIPE ......................................................................................................... 131 21-2.4 PIPE MARKINGS .............................................................................................................. 131 PART 3 – EXECUTION ......................................................................................................................... 131 21-3.1 GENERAL ......................................................................................................................... 132 21-3.2 BYPASS PUMPING AND/OR DIVERSION ...................................................................... 132 21-3.3 OPEN CUT AND ACCESS PIT PIPE INSTALLATION ..................................................... 132 21-3.4 GENERAL HDPE PIPE INSTALLATION .......................................................................... 133 21-3.5 PIPE BURSTING AND PIPE REAMING PIPE INSTALLATION ....................................... 133 21-3.6 RESERVED ....................................................................................................................... 134 21-3.7 REMEDIAL ACTION REQUIREMENTS ........................................................................... 134 21-3.8 TESTING AND INSPECTION ........................................................................................... 134 21-3.9 SERVICE CONNECTIONS ............................................................................................... 135 21-3.10 SIGNS ........................................................................................................................... 136 SECTION 22 –MANHOLE REHABILITATION .......................................................................................... 137 PART 1 – GENERAL ............................................................................................................................ 137 22-1.1 WORK INCLUDED ............................................................................................................ 137 22-1.2 SUBMITTALS .................................................................................................................... 137 22-1.3 MEASUREMENT AND PAYMENT ................................................................................... 137 PART 2 – PRODUCTS ......................................................................................................................... 137
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22-2.1 SEALING MATERAILS ..................................................................................................... 137 22-2.2 COATING MATERAILS .................................................................................................... 137 PART 3 – EXECUTION ......................................................................................................................... 138 22-3.1 REHABILITATING EXISTING MANHOLES – STANDARD .............................................. 138 22-3.2 REHABILITATING EXISTING MANHOLES WITH FLOWING LEAKS ............................. 140 SECTION 23 – CLEANING AND VIDEO INSPECTION ........................................................................... 144 PART 1 – GENERAL ............................................................................................................................ 144 23-1.1 WORK INCLUDED ............................................................................................................ 144
23.1.2 MEASUREMENT AND PAYMENT ................................................................................... 144 PART 2 – PRODUCTS ......................................................................................................................... 144 23-2.1 EQUIPMENT ..................................................................................................................... 144 PART 3 – EXECUTION ......................................................................................................................... 145 23-3.1 PROCEDURE ................................................................................................................... 145 SECTION 24 – STORM WATER POLLUTION PREVENTION ................................................................ 150 PART 1 – GENERAL ............................................................................................................................ 150 24-1.1 DESCRIPTION ...................................................................................................................... 150 24-1.2 GENERAL REQUIREMENTS ............................................................................................... 150 24-1.3 MEASUREMENT AND PAYMENT ....................................................................................... 155 PART 2 – PRODUCTS ......................................................................................................................... 155 PART 3 – EXECUTION ......................................................................................................................... 155
APPENDIX A - SANITARY OVERFLOWS
APPENDIX B – LOCATION MAPS
APPENDIX C – REPAIR/REPLACEMENT DETAIL
APPENDIX D – STANDARD DETAILS
1 NOTICE TO BIDDERS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
PUBLIC WORKS DEPARTMENT
NOTICE TO BIDDERS
FOR
2022 Sanitary Sewer Repair and Replacement Project
1. BID OPENING. Bids will be received by the City Clerk of the Town of Los Altos Hills, California, until 2:00 p.m. on Thursday, February 9, 2023, at which time they will be opened and read aloud.
Bids shall be submitted in sealed envelopes marked on the outside "Bid For 2022 Sanitary Sewer Repair and Replacement Project".
2. WORK DESCRIPTION. This project consists of replacing various segments of the existing sanitary system. The base bid work includes, but not limited to, mobilization and demobilization; potholing all crossing utilities; cleaning/de-rooting and color video inspection of the sewer mains prior to construction; replacing existing sewer pipe via pipe bursting method and pipe reaming method; spot repairs via open trench; reconnecting sewer main to existing manhole; manhole rehabilitation; reconnecting 4" sewer laterals to new piping; providing post construction cleaning, pressure testing, and color video inspection; repair and/or replacement of pavement markings, and street monuments; restoring all improvements disturbed by the project at various locations throughout the Town of Los Altos Hills; replacing landscape in kind to the original condition; replacing the asphalt pavement, and replacing all damaged properties caused by this work; and doing all appurtenant work as shown and described in the contract documents with the title 2022 Sanitary Sewer Repair and Replacement Project and on file in the office of the Public Works Director.
3. WORKING DAYS. The base bid work under this Contract is to be completed in SIXTY (60) working days. Additional working days will be added to the Contract pending on final awarded work.
4. CONTRACTOR'S LICENSE. A Class "A" Contractor’s License is required for this work, which constitute a majority of the work. No bid will be accepted from a Contractor who has not been licensed in accordance with Chapter 9, Division 3 of the Business and Professional Code.
5. BID DEPOSIT. A Bid Deposit equals to at least ten percent (10%) of the total amount of the bid shall be placed in the sealed proposal. The Bid Deposit shall be in one of the following forms: cash, cashier's check, or certified check payable to the Town, or bidder's bond in favor of the Town executed by an authorized surety company.
6. PERFORMANCE BONDS. Performance guaranty bonds as set forth in Section 4-2 of the Special Provisions will be required from the successful bidder.
7. TOWN'S RIGHT TO REJECT BIDS. The right is reserved, as the interest of the Town may require, to reject any or all bids, or to waive any informality or minor irregularity in the bids.
8. PRE-BID METING. A pre-bid meeting is scheduled for 10:00 a.m. Thursday, December 12, 2023 at the Town of Los Altos Hills Town Hall located at 26379 Fremont Road in the Town of Los Altos Hills. This meeting is to inform bidders of project requirements and subcontractors of subcontracting and material supply opportunities. This meeting includes field visit to a few selected sites. Bidder's attendance is optional.
9. GENERAL PREVAILING WAGE RATES. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are
2 NOTICE TO BIDDERS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov
10. OBTAINING THE PROJECT PLANS AND CONTRACT DOCUMENTS. (a) A full set of plans and Contract Documents are available for inspection without charge at the office of the Public Works Department, Town of Los Altos Hills, 26379 Fremont Road, Los Altos Hills, CA 94022. (b) Complete sets of said Contract Documents may be purchased at fifty- dollars ($50.00) per set and are obtainable from the office of the City Engineer/Public Works Director, Town of Los Altos Hills, Public Works Department, 26379 Fremont Road, Los Altos Hills, California 94022. No refund will be made of any charges for sets of Contract Documents. An additional charge of $10.00 will be made for each set of Contract Documents sent by regular mail with the U.S. Postal Service.
11. OBTAINING THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION SPECIFICATIONS. The State of California Department of Transportation Standard Specifications and Standard Plans may be purchased at the State of California Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95819; Telephone: (916) 445- 3520; Fax: (916) 324-8997.
12. WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the Director of Public Works. The request shall be executed by the bidder or his/her duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid.
Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time nor may any bid be withdrawn after the time fixed in the public notice for opening of bids.
13. RELIEF OF BIDDERS. As stated in the California Public Contract Code Sections 5100 to 5110, inclusive (State Contract Act) concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his/her bid, the bidder shall give the Public Works Director written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
14. DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered.
Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected.
15. PREVIOUS DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
16. RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA. All bidders shall verify if any addenda for this project have been issued by the Town of Los Altos Hills. It is the bidder’s responsibility to ensure that all requirements of Contract addenda are included in the bidder's proposal.
17. ESCROW FOR SECURITY DEPOSIT IN LIEU OF RETENTION. Pursuant to the California Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the Town to ensure the performance of the Contract, the Contractor, may, at its option, choose to substitute securities meeting the requirements of said California Public Contract Code Section 22300.
3 NOTICE TO BIDDERS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
18. SHORING AND BRACING. Pursuant to the provisions of the California Labor Code Section 6707, each bid submitted in response to this Notice to Bidders shall contain, as included in each bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the Town, Engineer, and their employees, agents and subconsultants.
19. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS. This Contract will be subject to compliance monitoring and enforcement by the California Department of Industrial Relations, pursuant to Labor Code section 1771.4. Under California Labor Code section 1771.1, as amended by SB 854, a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public work on or after March 1, 2015, and contracts entered into on or after April 1, 2015, unless the contractor and its subcontractors are registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code. The Bidder and its Subcontractors must be registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code, subject to limited legal exceptions under Labor Code section 1771.1.
Dated:
Deborah Padovan, City Clerk
4 NOTICE TO BIDDERS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
5 PROPOSAL REQUIREMENTS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
PROPOSAL REQUIREMENTS
1. All bidders shall use the Proposal to the City Council form inserted in this Contract Book. This completed proposal form, to be presented under sealed cover, shall be accompanied by a bidder's bond executed by an admitted surety insurer, made payable to the Town of Los Altos Hills. The form of Bidder's Bond to be used will be found following the signature page of the proposal. The bidder's bond shall be at least 10% of the bid amount. As an alternative to the Bidder's Bond, cash, cashier's check or certified check payable to the Town and in an amount equal to at least 10% of the bid amount may be used. A WHITE XEROX COPY of the Bidder's Bond shall be acceptable if all signatures and notary on the Xerox copy are original. All other Sections of the Proposal to the City Council shall be submitted on the original copy enclosed in this Contract Book.
2. A statement of Experience and Financial Responsibility shall accompany the proposal. A form for this statement will be found as part of the Proposal to the City Council which follows these proposal requirements.
3. If bidder is:
(a) An individual doing business in his or her own name, sign name only. (b) An individual using a firm name, sign name as an individual DBA (doing business as). For example: "John Doe, an individual doing business as XYZ Company." (c) A copartnership, sign name as shown in this example: "XYZ Co., by John Doe, Copartner." Also, give the names of all individual copartners composing the firm. (d) A corporation, sign name with your title as in this example: "XYZ Co., by John Doe, President." Also, state legal name of corporation, names of the president, secretary, treasurer and manager of corporation. Affix seal of corporation.
4. The business address of the bidder must be filled in completely on the proposal, giving the address of the firm in the case of the partnership or corporation, not the address of the partner or official signing this proposal.
5. The spaces provided on the proposal for the State of California Contractor's license number and classification must be filled in completely.
6. To assure recognition, write the words "Proposal, etc.," plainly on the envelope.
7. The attention of all bidders is directed to the "Proposal to the City Council" regarding discrepancies found in bidder's Price Schedule.
6 PROPOSAL REQUIREMENTS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
7 PROPOSAL REQUIREMENTS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
EXHIBIT "A"
PROPOSAL TO THE CITY COUNCIL
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
FOR
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
NAME OF BIDDER:
BUSINESS ADDRESS:
CITY, STATE, ZIP:
LICENSE NO.: CLASS: EXP. DATE:
TAX ID NO.:
TELEPHONE NO: ( ) FAX NO: ( )
The work for which this proposal is submitted is for construction according to the Contract Documents, including the Special Provisions, the Agreement, the project plans described below, and the State of California Department of Transportation Standard Specifications, 2018 Edition. The Contract Book shall be used in conjunction with the above documents, and the State of California Department of Transportation Labor Surcharge and Equipment Rental Rates, and the State Department of Industrial Relations General Prevailing Wage Rates current at the bid opening date.
The project plans for the work to be done are titled "2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT ". The work to be done consists of upsizing and replacing existing sanitary sewer main via pipe bursting and/or pipe reaming method; repairing various segments of existing sewer with open cut construction; reconnecting manholes to new piping; manhole rehabilitation; reconnecting 4" sewer laterals to new piping; repair and/or replacement of asphalt pavement, pavement markings, and street monuments; and doing all appurtenant work as shown on the plans and described in the specifications.
A bidder's bond, in an amount and of a form described under Paragraph 1 of the Proposal Requirements Section of these Provisions shall accompany this proposal. The project shall be awarded to the lowest responsible bidder who meets all the Proposal Requirements, and the requirements of the Contract Documents.
PROPOSALS MUST BE SUBMITTED ON THE ORIGINAL FORMS SUPPLIED WITH YOUR CONTRACT BOOK. COPIES OF THIS DOCUMENT ARE NOT ACCEPTABLE.
8 PROPOSAL REQUIREMENTS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
The bidder shall set forth for each item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item.
In case of conflict between an item price in words and the price in figures, the price in words shall prevail. In case of discrepancy between an item price and the total set forth for a unit basis item, the item price shall prevail. However, if the amount set forth as an item price is ambiguous, illegible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.
Failure to provide the required information, or if information provided is subsequently proved false, the proposal shall be considered as non-responsive and shall be grounds for rejection of the bid.
If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two bonds in the sums required by Section 4-2 of the Special Provisions, with surety satisfactory to the Town of Los Altos Hills within twelve (12) days, not including Sundays and legal holidays, after the bidder has received notice from the Town that the Contract has been awarded, the Town may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be invalid.
If the Town declares the proposal as invalid, the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Town.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he/she has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the plans therein referred to; and he/she proposes and agrees, if this Proposal is accepted, that he/she will Contract with the Town of Los Altos Hills in the form of the copy of the Contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefor in the amounts shown on the following Item Price Schedule, to wit:
9 ITEM BID PRICE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
ITEM PRICE SCHEDULE
BID
Bid
Item
No. Description
Estimated
Quantity UNIT
Unit Price
(in figures)
Total
(in figures)
1 Sanitary Sewer Spot Repair - 6" 129 LF $ $
2 Pipe Bursting/Reaming - Replace 6" VCP with
6" HDPE SDR-17
446 LF $ $
3 Pipe Bursting/Reaming - Upsize from 6" VCP to
8" HDPE SDR-17
206 EA $ $
4 Replace Lateral Connection to Main 7 EA $ $
5 Reconnect Sewer Main to Existing Manhole 10 EA $ $
6 Mobilization/Demobilization --- LS --- $
7 Pre-Installation Cleaning and Color CCTV
Inspection
--- LS --- $
8 Post-Installation Cleaning, Pressure Testing,
and Color CCTV Inspection
--- LS --- $
TOTAL BID ITEMS (1-8):
TOTAL BID (1-8) IN WORDS:
QUANTITIES OF WORK
The quantities of work of material stated in the unit bid price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The Town does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit bid item by an amount up to 25 percent (25%) increase or decrease without a change in the unit prices, and shall have the right to delete any bid items in its entirety and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work.
10 ITEM BID PRICE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
11 ITEM BID PRICE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
LIST OF SUBCONTRACTORS
The Bidder shall list the name, address and telephone number of each subcontractor, required to be listed by the provisions in Section 4-2, "Subcontracts" of the Special Provisions and the Standard Specifications, to whom the Bidder proposes to subcontract portions of the work.
PLACE OF BUSINESS DESCRIPTION OF PORTION
SUBCONTRACTOR'S NAME (ADDRESS & PHONE) OF WORK SUBCONTRACTED
12 ITEM BID PRICE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
13 ADDENDA ACKNOWLEDGMENT AND INFORMATION
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
ADDENDA ACKNOWLEDGMENT AND INFORMATION
The undersigned acknowledges receipt of Addendum No. through inclusively.
PRINCIPAL PERSONS WITH INTEREST IN PROPOSAL
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE. If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
14 ADDENDA ACKNOWLEDGMENT AND INFORMATION
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
15 EXPERIENCE AND FINANCIAL QUALIFICATIONS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
EXPERIENCE AND FINANCIAL QUALIFICATIONS
The bidder has been engaged in the contracting business under State License No. _______ for a period of _____ years.
The bidder's three most recently completed Contracts are:
1. Title of Project:
Owner:
Address:
Telephone No.:
Engineer in Charge:
Date:
Accepted:
2. Title of Project:
Owner:
Address:
Telephone No.:
Engineer in Charge:
Date:
Accepted:
3. Title of Project:
Owner:
Address:
Telephone No.:
Engineer in Charge:
Date:
Accepted:
16 EXPERIENCE AND FINANCIAL QUALIFICATIONS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder:
Name of Bank Address
Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the bidder:
Company:
Address:
Company:
Address:
17 PUBLIC CONTRACT CODE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
18 PUBLIC CONTRACT CODE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? YES NO
If the answer is yes, explain the circumstances in the following space:
19 PUBLIC CONTRACT CODE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
20 PUBLIC CONTRACT CODE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
21 NON-COLLUSION AFFIDAVIT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To The Town of Los Altos Hills
Public Works Department.
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Accompanying this proposal is ________________________________________________________ (NOTICE: INSERT THE WORDS "CASH ($ _________)," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.)
22 NON-COLLUSION AFFIDAVIT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Licensed in conformance with an act providing for the registration of Contractors, License No. _________________________ Classification(s) ___________________________ ADDENDA - This Proposal is submitted with respect to the changes to the contract included in addenda number/s (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.
Date: _________________________________
Signature and Title of Bidder
Business Address ________________________________________________ Place of Business _________________________________________________ Place of Residence _______________________________________________ Sign
Here
23 BID BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS, that we ,as
Principal, and , as Surety, are held and firmly bound unto the Town of Los Altos Hills, hereinafter called "Town", in penal sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID OF THE PRINCIPAL submitted to the said "Town" for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Proposal dated , 2023, for 2022 SANITARY SEWER REPAIR AND
REPLACEMENT PROJECT
NOW, THEREFORE, if the Principal shall not withdraw said Proposal prior to the date and time for the opening of bids, and if the Principal is awarded the Contract and shall within the period specified in the Proposal after receiving notice that the Contract has been awarded and the prescribed forms are presented to him/her for signature, enter in a written Contract with the Town, in accordance with the Proposal as accepted and give insurance and bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and for the payment for labor and materials used for the performance of the Contract, or in the event of the withdrawal of said Proposal within the period specified or the failure to enter into such Contract and give such Town bonds, within the time specified, if the Principal shall pay the Town the difference between the amount specified in said Proposal and the amount for which the Town may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the Town in again calling for bids, then the above obligation shall be voided and of no effect, otherwise to remain in full force and virtue.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract on the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in anywise affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Contract or the call for bids, or to the work, or to the specifications.
In the event suit is brought upon this bond by the Town and judgment is recovered, the Surety shall pay all costs incurred by the Town in such suit, including a reasonable attorney's fee to be fixed by the court.
24 BID BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of , 2023, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.
(Corporate Seal)
Principal
By
(Acknowledgment) Title
(Corporate Seal)
Surety
By
Attorney-in-fact
(Acknowledgment) Title
25 BID BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
NOTE TO SURETY COMPANY: The following form
of acknowledgment should be used. If any other form
of acknowledgment is used, there must be submitted
a certified copy of unrevoked resolution of authority
for the attorney-in-fact.
NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY
STATE OF CALIFORNIA )
) ss.
COUNTY OF ______________ )
On , before me, a Notary Public, personally appeared
, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
26 BID BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
27 CONTRACT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
CONTRACT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
THIS AGREEMENT, made, executed, and entered into this _____ day of _____________, 2023, by and between the Town of Los Altos Hills a General Law City, hereinafter referred to as the Town, and , hereinafter referred to as the Contractor.
W I T N E S S E T H
ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the 2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT said work shall be done in manner and according to the terms of the Contract as the same is defined in Article 4 herein.
ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Town and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof, in the manner and according to the plans and specifications, to wit, according to Contractor’s proposal to the City Council, entitled ‘EXHIBIT "A," Proposal to the City Council’ and attached hereto.
ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto.
ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within SIXTY (60) working days from and after the commencement of said work.
ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor.
ARTICLE 7. Every contractor will be required to secure the payment of workers compensation to his or her employees. Labor Code Section 1860. The contractor shall post the applicable prevailing wage rate on the project site. Labor Code Section 1771.4. The project is subject to prevailing wages. The
28 CONTRACT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
applicable wage rates are available at www.dir.ca.gov and the agency also has access to the applicable prevailing wage rate at www.losaltoshills.ca.gov.
IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written.
TOWN OF LOS ALTOS HILLS
A General Law City
City Manager
ATTEST:
City Clerk, Town of Los Altos Hills
CONTRACTOR
By
Title
29 CONTRACT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
NOTARIAL ACKNOWLEDGMENT OF PRINCIPAL
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On , before me, a Notary Public, personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
30 CONTRACT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
31 GENERAL LIABILITY ENDORSEMENT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
GENERAL LIABILITY ENDORSEMENT
TOWN OF LOS ALTOS HILLS
26379 Fremont Road, Los Altos Hills, CA 94022
Public Works Director
A. POLICY INFORMATION
1. Insurance Company: Policy Number:
2. Policy Term: From: To: Endorsement Effective Date:
3. Named Insured:
4. Address of Named Insured:
5. Limit of Liability Any One Occurrence/Aggregate $1,000,000$/3,000,000
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
7. "Claims Made" coverage: Retroactive Date:
Tails:
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows:
1. INSURED: The Town, it’s elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE: The policy: (1) if primary, affords coverage at least as broad as Insurance Services Office form for Broad Form Commercial General Liability Insurance and Insurance Services Office form for Broad Form Commercial General Liability endorsement; or (2) if excess, affords coverage which is at least as broad as the Primary Insurance form referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.
32 GENERAL LIABILITY ENDORSEMENT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers.
6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to
bind the below-listed insurance company and by my signature hereon do so bind this company.
Signature of
Authorized Representative
(original signature on endorsement furnished to the Town) ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
33 AUTOMOBILE LIABILITY ENDORSEMENT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
AUTOMOBILE LIABILITY ENDORSEMENT
TOWN OF LOS ALTOS HILLS
26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022
Public Works Director
A. POLICY INFORMATION
1. Insurance Company: Policy Number:
2. Policy Term: From: To: Endorsement Effective Date:
3. Named Insured:
4. Address of Named Insured:
5. Limit of Liability Any One Occurrence/Aggregate $1,000,000.00
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
7. "Claims Made" coverage: Retroactive Date:
Tails:
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows:
1. INSURED: The Town, its elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE: This policy affords coverage to the Named Insured which is at least as broad as Insurance Services Office form for Automobile Liability, Code 1 ("any auto").
4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers.
34 AUTOMOBILE LIABILITY ENDORSEMENT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day prior written notice by Certified Mail Return Receipt Requested has been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to
bind the below-listed insurance company and by my signature hereon do so bind this company.
Signature of
Authorized Representative
(original signature on endorsement furnished to the Town) ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
35 WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT 2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT
TOWN OF LOS ALTOS HILLS
26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022
Public Works Director
A. POLICY INFORMATION
1. Insurance Company: Policy Number:
2. Endorsement Effective Date:
3. Named Insured:
4. Employer’s Liability Limits (coverage B) $1,000,000.00 B. POLICY AMENDMENTS:
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows:
1. CANCELLATION NOTICE: The insurance afforded to this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement.
2. WAIVER OF SUBROGATION: The Company agrees to waive all rights of subrogation against the Town, its elected or appointed officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Town.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to
bind the below-listed insurance company and by my signature hereon do so bind this company.
Signature of
Authorized Representative
(original signature on endorsement furnished to the Town) ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
36 WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT 2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
37 CERTIFICATE OF INSURANCE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
Town of Los Altos Hills LOS ALTOS HILLS ("the Town")
Town Hall A General Law City
Los Altos Hills, CA 94022
Attention: Oscar Antillon
Public Works Director
CERTIFICATE OF INSURANCE
This certifies that the following described policies have been issued to the insured named below and are in force at this time.
Insured
Address
Description of operations/locations/products insured (show Contract name and/or number if any).
POLICIES AND INSURERS LIMITS
Bodily Injury Property Damage
EXPIRATION
DATE
Policy Number
Worker’s Compensation
Insurer
Employer’s Liability $
Commercial General Liability
Insurer
Each Occurrence
Aggregate
Each Occurrence
Aggregate
Combined Single Limit
Business Auto Policy Liability
Coverage Symbol
Insurer
Each Person
Each Accident
Each Accident
Combined Single Limit
Umbrella Liability
Insurer
Occurrence/Aggregate $
Self-Retention $
The following coverages or conditions are in effect:
Yes No The Town, its officials, and employees are named on all liability policies described above as insured as respects: (a) activities performed for the Town or on behalf of the named insured, (b) products and completed operations of the named insured and (c) premises owned, leased or used by the named insured
Products and completed operations:
Yes No The undersigned will mail to the Town 30 days written notice of cancellation or reduction of coverage or limits, cross liability clause (or equivalent wording).
Yes No Personal Injury, perils A, B, and C.
Yes No Broad form property damage.
Yes No X, C, U hazards included.
Yes No Contractual liability coverage applying to this Contract.
Yes No Liquor liability.
Yes No Coverage afforded the Town, its officials, employees and volunteers as an insured applies as primary and not excess or contributing to any insurance issued in the name of the City.
Yes No Waiver of subrogation from worker’s compensation insurer.
38 CERTIFICATE OF INSURANCE
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate or insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
Agency or Brokerage Insurance Company
Address Home Office
Name of Person to be Contacted Authorized Signature
Telephone Date
NOTE: Authorized signature may be the agent’s, if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer
39 PERFORMANCE BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the Town of Los Altos Hills, State of California, has awarded to , hereinafter designated as the "Principal," a contract for the 2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract.
NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the Town of Los Altos Hills in the penal sum of DOLLARS ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in said Contract and any alteration thereof made as therein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the Town of Los Altos Hills, its officers and agents as therein stipulated, then this obligation shall become invalid; otherwise it shall be and remain in full force and virtue.
Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Contract or to the work or to the specifications.
40 PERFORMANCE BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 2023, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal)
Principal
By
(Acknowledgment) Title
(Corporate Seal)
Surety
By
Attorney-in-fact
(Acknowledgment) Title
(Seal)
Approved as to form:
City Attorney
41 PERFORMANCE BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
NOTE TO SURETY COMPANY: The following form
of acknowledgment should be used. If any other
form of acknowledgment is used, there must be
submitted a certified copy of unrevoked resolution of
authority for the attorney-in fact.
NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY
STATE OF CALIFORNIA )
) ss.
COUNTY OF ___________ )
On , before me, a Notary Public, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
42 PERFORMANCE BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
43 PAYMENT BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the Town of Los Altos Hills, a General Law City, has awarded to hereinafter designated as the "Principal", a contract for the for the 2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT and
WHEREAS, said Principal is required to furnish a bond with said Contract, to secure payment of claims of laborers, mechanics, or material persons employed on work under said Contract, as provided by law.
NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the Town of Los Altos Hills in the sum of DOLLARS
($ ), said sum being equal to the estimated amount payable by said Town of Los Altos Hills under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, his/her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender or other supplies, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be voided. In case suit is brought upon this bond, said Surety will pay a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
44 PAYMENT BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plan, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their seals this day of , 2023, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal)
Principal
By
(Acknowledgment) Title
(Corporate Seal)
Surety
By
Attorney-in-fact
(Acknowledgment) Title
(Seal)
Approved as to form:
City Attorney
45 PAYMENT BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
NOTE TO SURETY COMPANY: The following form
of acknowledgment should be used. If any other form
of acknowledgment is used, there must be submitted a
certified copy of unrevoked resolution of authority for the attorney-in-fact.
NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY
STATE OF CALIFORNIA )
) ss.
COUNTY OF ___________ )
On , before me, a Notary Public, personally appeared
, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
46 PAYMENT BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
47 ESCROW FOR SECURITY DEPOSIT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
ESCROW FOR SECURITY DEPOSIT
IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the Town of Los Altos Hills, whose address is 26379 Fremont Road, Los Altos Hills, CA 94022, hereinafter called "Town", hereinafter called "Contractor", and , whose address is
, hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Town, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by the Town pursuant to the Construction Contract entered into between the Town and Contractor for 2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT in the amount of $ dated (hereinafter referred to as the "Contract").
Alternatively, on written request of the Contractor, the Town shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Town within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Town and Contractor. Securities shall be held in the name of ____________________, and shall designate the Contractor as the beneficial owner. (2) The Town shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Town makes payment of retention earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Town pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Town. These expenses and payment terms shall be determined by the Town, Contractor and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Town. (6) The Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Town to the Escrow Agent that Town consents to the withdrawal of the amount sought to be withdrawn by Contractor.
48 ESCROW FOR SECURITY DEPOSIT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
(7) The Town shall have a right to draw upon the securities if there is default by the Contractor.
Upon seven days written notice to the Escrow Agent from the Town of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Town. (8) Upon receipt of written notification from the Town certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) The Escrow Agent shall rely on the written notification from the Town and the Contractor pursuant to Sections (5) to (8) inclusive, of this agreement and the Town and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Town and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows:
On behalf of Town: On behalf of Contractor:
Title Title
Name Name
Signature Signature
49 ESCROW FOR SECURITY DEPOSIT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Town and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Town Contractor
Title Title
Name Name
Signature Signature
50 ESCROW FOR SECURITY DEPOSIT
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
51 MAINTENANCE BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the Town of Los Altos Hills, State of California, has awarded to hereinafter designated as the "Principal", a Contract for the 2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the correction of any defects due to defective materials or workmanship in the work performed under said Contract.
NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the Town of Los Altos Hills in the penal sum of ten percent (10%) OF THE FINAL CONTRACT AMOUNT DOLLARS ($ ),
lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if, during a maintenance period of two (2) years from the date of acceptance of the contracted work, the Contractor upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship, shall diligently take the necessary steps to correct said defects within seven (7) days from the date of said notice, then this obligation shall be invalid; otherwise it shall remain in full force and effect.
If any action shall be brought by Town upon this bond, a reasonable attorney's fee, to be fixed by the Court, shall be and become a part of Town's judgment in any such action.
No right of action shall accrue on this bond to, or for the use of, any person or corporation other than the Town named herein or the heirs, executors, administrator or successor of the Town.
52 MAINTENANCE BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 2023, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal)
Principal
By
(Acknowledgment) Title
(Corporate Seal)
Surety
By
Attorney-in-fact
(Acknowledgment) Title
(Seal)
Approved as to form:
City Attorney
53 MAINTENANCE BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact.
NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY
STATE OF CALIFORNIA )
) ss.
COUNTY OF _____________ )
On , before me, a Notary Public, personally appeared
, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
54 MAINTENANCE BOND
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
55 SECTION 1 - GENERAL SPECIAL PROVISIONS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
TOWN OF LOS ALTOS HILLS
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
SECTION 1 - GENERAL
Section 1 of the Special Provisions shall conform to Section 1 of the State of California Department of Transportation Standard Specifications, 2018 Edition except as modified herein. 1-1 DEFINITIONS
The Contractor's attention is directed to Subsection 1.07, "Definitions", of the Standard Specifications. The following paragraphs are added to Section 1 of the Standard Specifications.
Wherever in the Standard Specifications, Plans, Special Provisions or other Contract documents the following definitions and terms are used; the intent and meaning shall be interpreted as follows:
A. Agency: The Town of Los Altos Hills
B. Board: The City Council of the Town of Los Altos Hills.
C. Town: The Town of Los Altos Hills.
D. Engineer: City Engineer/Public Works Director of the Town of Los Altos Hills, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
E. Laboratory: Laboratories approved by and authorized by the Engineer to test materials and work involved in the Contract.
F. Standard Specifications: The State of California Department of Transportation Standard Specifications, 2018 Edition.
G. Special Provisions: Any provisions, which supplement or modify the Standard Specifications, including technical specifications covering construction materials and methods. The State Department of Transportation publication titled Labor Surcharge and Equipment Rental Rates and the State Department of Industrial Relations General Prevailing Wage Rates are to be considered as a part of the special provisions.
56 SPECIAL PROVISIONS SECTION 1 - GENERAL
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
1-2 ABBREVIATIONS
The Contractor's attention is directed to Subsection 1-1.06, "Abbreviations", of the Standard Specifications for the definition of commonly used abbreviations. Other abbreviations not defined in the Standard Specifications are given below.
Abbreviation Word or Words
AB Aggregate base rock
ASB Aggregate subbase rock
CY Cubic yards
EA Each
JP Joint utility pole
LBS Pounds
LF Linear feet
LS Lump sum
SF Square feet
SY Square yards
TN Tons (defined as 2,000 pounds)
TP Telephone pole
END OF SECTION
57 SECTION 2 SPECIAL PROVISIONS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
SECTION 2 - BIDDING
2-1 GENERAL
The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.
In addition to the subcontractors required to be listed in conformance with Subsection 2-1.10, "Subcontractor List," of the Standard Specifications, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal.
The form of Bidder's Bond mentioned in the last paragraph in Subsection 2-1.34, "Bidder’s Security", of the Standard Specifications will be found following the signature page of the Proposal.
In conformance with Public Contract Code Section 7106, a Non-Collusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Non-Collusion Affidavit.
END OF SECTION
58 SPECIAL PROVISIONS SECTION 2
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
59 SECTION 3 SPECIAL PROVISIONS
2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT
SECTION 3 - CONTRACT AWARD AND EXECUTION
The bidder's attention is directed to the provisions in Section 3, "Contract Award and Execution", of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract.
The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements set forth herein and is able to demonstrate the ability to perform the same or similar type of work, including prior experience performing similar projects within the last five (5) years, as described in the scope of work under Section 4-5.
Bid prices will be compared based on the Based Bid.
The right is reserved to reject all proposals.
Contractor's attention is directed to Subsection 3-1.04, "Contract Award" of the Standard Specifications.
The award of contract, if it is awarded, it will be made within forty-five (45) days after the opening of bids to the lowest responsible bidder whose proposal complies with all the Contract requirements. If the lowest responsible bidder refuses or fails to execute the Contract, the Town may award the Contract to the second lowest responsible bidder within sixty (60) days after the opening of bids. If the second lowest responsible bidder refuses or fails to execute the Contract, the Town may award the Contract to the third lowest responsible bidder within 75 days after the opening of bids. The periods of time specified above within which the award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Engineer and the bidder concerned.
The Engineer's estimate of construction quantities is approximate only, being given as a basis for the comparison of bids. The Town does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to change the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer in accordance with Subsection 4-1.03, "Work Description", of the Standard Specifications.
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SECTION 4 - SCOPE AND CONTROL OF THE WORK
The scope and control of work shall be governed by the provisions in Section 4, "Scope of Work" and Section 5, "Control of Work" of the Standard Specifications and these provisions. 4-1 SUBCONTRACTS
Contractor's attention is directed to Subsection 5.13, "Subcontracting", of the Standard Specifications.
The listing of proposed subcontractors required by said Subsection 5.13 of the Standard Specifications shall include a description of the portion of the work which will be done by each subcontractor. A sheet for listing the subcontractors, as required, is included in the proposal. 4-2 CONTRACT BONDS
The successful bidder shall furnish a Payment Bond and a Faithful Performance Bond according to Subsection 3-1.05, "Contract Bonds" of the Standard Specifications, and as specified below.
The form of said Payment Bond and Faithful Performance Bond can be found with the Contract Documents.
Only said bond forms provided by the Town shall be acceptable. The bonds shall be in the amount of at least one hundred percent (100%) of the amount of the Contract.
The Contractor shall guarantee the entire work constructed under the Contract to be free of defects in material and workmanship for two-year following the date of City Council acceptance of work.
The Contractor shall agree to make, at his/her expense, any repairs or replacements made necessary by defects in materials or workmanship which become evident within said guarantee period.
The Contractor shall further agree to indemnify and hold harmless the Town and Engineer, their officers, agents and employees against and from all claims and liability arising from damage and injury due to said defects.
The Contractor shall make all repairs and replacements within the time indicated on the Maintenance Bond required below upon receipt of written order from the Engineer. If the Contractor fails to make the repairs and replacements within said period of time, the Town may do the work and the Contractor and his/her surety shall be liable to the Town for the cost of the work.
The guarantee and conditions specified above shall be secured by a Guarantee Surety Bond (or Maintenance Bond) which shall be delivered by the Contractor to the Town prior to City Council acceptance of the work.
Said bond shall be in the form approved by the Town and executed by a surety company or companies satisfactory to the Town, in the amount of ten (10) percent of the Contract price or $1,000.00, whichever is greater. Said bond shall remain in force for the duration of the guarantee period specified. The form of said bond can be found among the Contract Documents which is part of these provisions.
In addition to the Contractor's two-year guarantee, upon completion of the project and as a condition of acceptance of the project, the Contractor may be required to deliver to the Engineer written manufacturer warranties from manufacturers and/or subcontractors that guarantee and warrant specific products and installations against defects in materials and workmanship for periods following acceptance of the project.
Such manufacturer warranties, if required, shall be so indicated in Sections under "Construction Materials" of the Special Provisions.
4-3 PLANS AND SPECIFICATIONS
The following is added to Subsection 4-1.02, "Intent", of the Standard Specifications.
The work embraced herein shall be done in accordance with the Standard Specifications, 2018 Edition, insofar as the same may apply; and in accordance with the State Department of Industrial Relations General
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Prevailing Wage Rates, the State Department of Transportation Labor Surcharge and Equipment Rental Rates, the Special Provisions and the Contract Documents.
The Contractor shall not take advantage of any apparent error or omission in the Contract Documents. In the event Contractor discovers any apparent error, discrepancy or omission, he/she shall immediately call upon the Engineer to make a determination and decision on the matter. Should any discrepancy appear, or misunderstanding arises regarding any issue described in the Contract Documents, the explanation of the Engineer in relation thereto shall prevail.
If there is any conflict between the Standard Specifications and the Special Provisions of these Specifications, the Special Provisions shall take precedence and shall be used in lieu of such conflicting portions.
The work shall be performed and completed according to the true spirit, meaning, and intent of the Contract Documents. In addition to the drawings incorporated with or referred to in these Contract Documents, the Engineer shall, from time to time during the progress of the work, furnish such additional drawings as may be necessary to clarify or define the intent of the Contract Documents in greater detail. The Contractor shall make his/her work conform to all such drawings.
4-4 SHOP DRAWINGS AND SUBMITTALS
Contractor's attention is directed to the Standard Specifications Subsection 5-1.23, "Submittals". Approval of drawings by the Engineer shall not relieve the Contractor from the responsibility for errors or omissions in the drawings or from deviations from the Contract Document. 4-5 WORK TO BE DONE
This project consists of upgrade and repair of various pipe segments of the existing sanitary sewer collection system. The work listed in the base bid includes, but not limited to, mobilization and demobilization; potholing all crossing utilities; cleaning/de-rooting and video inspection of the sewer mains prior to construction; spot repairs via open trench; upgrading approximately 1142’ of existing 6” and 8” sewer pipe with 8" HDPE SDR 17 via pipe bursting and/or pipe reaming method; repairing manhole connections; rehabilitating existing manholes; reconnecting sewer laterals to the new piping; post construction cleaning, pressure testing and color video inspection; repairing and/or replacing pavement markings, and street monuments; restoring all improvements disturbed by the project; replacing landscape in kind to the original condition; replacing the asphalt pavement and all damaged properties caused by this work; and doing all appurtenant work as shown on the plans and described in the specifications with the title 2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT and on file in the office of the Public Works Director.
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SECTION 5 - CHANGES IN WORK
Changes in work shall be governed by provisions in Section 4, "Scope of Work" of the Standard Specifications, except as modified herein.
5-1 CHANGES INITIATED BY THE TOWN
Contractor’s attention is directed to Subsection 4-1.05, "Changes and Extra Work" of the Standard Specifications.
Changes greater than 25 percent of the total cost of the following Contract items may be made by the Town without adjustment in the Contract unit prices.
5-2 EXTRA WORK
Contractor’s attention is directed to Subsection 4-1.05, "Changes and Extra Work" of the Standard Specifications.
Extra work shall require a signed Contract Change Order, or a written order from Town authorizing Contractor to proceed with extra work for an agreed upon price.
5-2.1 GENERAL
The following paragraph is added to Subsection 9-1.05, "Extra Work Performed by Specialist" of the Standard Specifications: When forces or labor used for extra work are not those of the Contractor or subcontractors, such forces or labor shall be treated as subcontractors.
Said forces or labor shall be considered as employees of the Contractor, and the Contractor shall be responsible for their work.
5-2.2 PAYMENT
The following paragraph is added to Subsection 4-1.05, "Changes and Extra Work”, of the Standard Specifications: When changes in work are to be paid for as extra work in accordance with Subsection 4-1.05, "Changes and Extra Work", of the Standard Specifications, the labor, materials and equipment used in the performance of such work shall be subject to the approval of the Engineer. 5-2.2.1 FORCE ACCOUNT PAYMENT
Force account payment shall conform to Subsection 9-1.04, "Force Account" of the Standard Specification and these Special Provisions.
5-2.2.2 BASIS FOR ESTABLISHING COSTS
(a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for supervisors shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid.
Non-direct labor costs including superintendence shall be considered part of the markup of Subsections 9-
1.04B, "Labor", 9-1.04C, "Materials", and 9-1.04D, "Equipment Rental". (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight and delivery.
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The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency.
(c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less.
Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.
The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the work site, it shall be returned, unless the Contractor elects to keep it at the Work site at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and manufacturer's approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
The reported rental time for equipment already at the work site shall be the duration of its use on the extra work, commencing at the time it is first put into actual operation on the extra work, plus the time required to move it from its previous site and back or to a closer site.
Other Items. The Agency may authorize other items which may be required on the extra work. Such items include labor, services, material and equipment which are different in their nature from those required for the Work and which are of a type not ordinarily available from the Contractor or any of the Subcontractors.
Invoices covering all such items in detail shall be submitted with the request for payment.
Invoices. Vendors' invoices for material, equipment rental, and other expenditures, shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report.
5-2.2.3 MARKUP
(a) Work by Contractor. The following percentage shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits:
Labor 20
Materials 15
Equipment Rental 15
Other Items and Expenditures 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Subsection 9-1.04 shall be applied to the Subcontractor's actual cost of such work, and an additional markup of 5 percent may be added by the Contractor. Said additional 5 percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
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5-3 RESOLUTION OF CONSTRUCTION CLAIMS
The Contractor’s attention is directed to Subsection 9-1.22, "Arbitration" of the Standard Specifications.
The Section numbers under resolution of construction claims correspond to Section numbers within the California Contract Code.
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Exhibit A
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
Section
20104. Application of article; inclusion of article in Plans and Specifications. 20104.2. Claims; requirements; tort claims not covered by this article. 20140.4. Civil actions; mediation and arbitration, qualifications and expenses of mediators and arbitrators; trial de novo; witnesses.
20104.6. Payment by local agency of undisputed portion of claim; interest on arbitration award or judgment.
20104.8. Duration of article; application of article to Contracts between January 1, 1991 and January 1, 1994.
Article 1.5 was added by Stats.1990, c.1414 (A.B.4165), § 2.
Repeal
Article 1.5 is repealed by § 20104.8 on January 1, 1994. § 20104. Application of article; inclusion of article in Plans and Specifications (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a Contractor and a local agency. (2) This article shall not apply to any claims resulting from a Contract between a Contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public Work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.
Additions or changes are indicated by underline; deletions by asterisks * * * (2) "Claim" means a separate demand by the Contractor for (a) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the Plans or Specifications for any work which may give rise to a claim under this article. (d) This article applies only to Contracts entered into on or after January 1, 1991. (Added by Stats.1990, c.1414 (A.B.4165), § 2.)
Historical and Statutory Notes
1990 Legislation: Former § 20104 was renumbered § 20103.5 and amended by Stats.1990, c.1414 (A.B.4165), §1.
§ 20104.2. Claims; requirements; tort claims not covered by this article For any claim subject to this article, the following requirements apply:
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(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses
* * * to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after the receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses * * * to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) * * * Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim * * * as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of these provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and
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confer process (f). This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
(Added by Stats.1990, c. 1414 (A.B.4165), § 2. Amended by Stats.1991, c. 1029 (A.B.1086), § 1.) Additions or changes indicated by underline; deletions by asterisks * * * Historical and Statutory Notes
1991 Legislation: The 1991 amendment substituted "defenses to the claim" for "defenses or claims" in subds. (b)(1) and (c)(1); inserted "as a result of the meet and confer process," and made other nonsubstantive changes, subd. (e); and added subd. (f). § 20104.4. Civil actions; mediation and arbitration; qualifications and expenses of mediators and arbitrators; trial de novo; witnesses
The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15 day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (starting with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 starting with Section 2016 of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, * * * any party * * * who after receiving an arbitration award * * * requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, * * * pay the attorney's fees * * * of the other party arising out of trail de novo.
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(c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
(Added by Stats.1990, c. 1414 (A.B.4165), § 2. Amended by Stats.1991, c. 1029 (A.B.1086), § 2.) Historical and Statutory Notes
1991 Legislation: The 1991 amendment inserted "or by stipulation of both parties," and the last sentence, in subd. (a); inserted subds. (b)(2) and (c); and rewrote and redesignated former subd. (b)(2) as (b)(3), which provision had read: "(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorneys fees on the appeal of the other party."
(a) No local agency shall fail to pay money as to any portion § 20104.6 Payment by local agency of undisputed portion of claim; interest on arbitration award or judgment. of a claim which is undisputed except as otherwise provided in the Contract. (b) In any suit filed under Section 20104.4 the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
(Added by Stats.1990, c. 1414 (A.B.4165), § 2.)
Additions or changes are indicated by underline; deletions by asterisks * * * § 20104.8. Duration of article; application of article to Contracts between January 1, 1991 and January 1, 1994
(a) This article shall remain in effect only until January 1, 1994, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes or extends that date. (b) As stated in subdivision (c) of Section 20104, any Contract entered into between January 1, 1991, and January 1, 1994, which is subject to this article shall incorporate this article. To that end, these Contracts shall be subject to this article even if this article is repealed pursuant to subdivision (a). (Added by Stats.1990, c. 1414 (A.B.4165), § 2.)
End of Exhibit A
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Exhibit B
Article 1.7 MODIFICATIONS, PERFORMANCE, PAYMENT
Section
20104.50. Timely progress payments; legislative intent; interest; payment requests Article 1.7 was added by Stats.1992, c. 799 (S.B.56), § 2. § 20104.50 Timely progress payments, legislative intent, interest, payment requests (a) (1) It is the intent of the Legislature in enacting this Section to require all local governments to pay their Contractors on time so that theses Contractors can meet their obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern. (2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments' outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business as in the private sector which may Contract for services should look towards for guidance.
(b) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a Contractor on a construction Contract shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
(c) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor when practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(d) The number of days available to a local agency to make payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the sevenday return requirement set forth in paragraph (2) of subdivision (c). (e) For purposes of this article:
(1) A "local agency" includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part. (2) A "progress payment" includes all payments due Contractors, except that portion of the final payment designated by the Contract as retention earnings.
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(3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.
(f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any Contract subject to this article.
(Added by Stats.1992, c.799 (S.B.56), § 2.)
End of Exhibit B
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SECTION 6- CONTROL OF MATERIALS
Attention is directed to Section 6, "Control of Materials" of the Standard Specifications.
All materials, parts, and equipment furnished by the Contractor in the work shall by new, high grade, and free from defects. Quality of work shall be in accord with the generally accepted standards. Material and work quality shall be subject to the Engineer’s approval.
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SECTION 7 - UTILITIES
Attention is directed to Subsection 5-1.36C, "Nonhighway Facilities" of the Standard Specifications.
The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices for other items of work.
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