AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Linda G. Swan, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
DEPARTMENT
NEW Public Works
FY 2023-24 Summer 2023
Summer 2024
Project Budget
Spending Thru
March 2023
Available
Budget
Return to
General Fund
Prior
Appropriation
$ - $ - $ - $ - $ -
Construction - - - - $ -
- - - - - $ -
$ - $ - $ - $ - $ -
Project Summary
Prior
Appropriation
2023-24
Planned
2024-25
Planned
2025-26
Planned
2026-27
Planned
2027-28
Planned
Total
Project
Funding Source
$ - $ 214,851 $ - $ - $ - $ - $ 214,851
- 35,149 - - - - $ 35,149
- - - - - $ -
$ - $ 250,000 $ - $ - $ - $ - $ 250,000
Project Spending
$ - $ 50,000 $ - $ - $ - $ - $ 50,000
- 200,000 $ 200,000
- - - - - - $ -
$ - $ 250,000 $ - $ - $ - $ - $ 250,000
Drainage in-lieu
Staff continues to maintain Town storm drain facilities throughout the year.
PRIOR APPROPRIATION:
Total Funding
Total Spending
Project Summary
Design/Evaluation
RECURRING ANNUAL MAINTENANCE AND OPERATING COSTS, IF APPLICABLE:
Construction
Design/Evaluation
Total
ARPA
PROJECT FUNDING/SPENDING ESTIMATE:
Construction anticipated to start in July 2023.
STORM DRAIN IMPROVEMENTS (PROPOSED)
PROJECT DESCRIPTION:
Address deficiencies identified during the atmospheric river storm events in January and March 2023 with the intent to minimize future flooding, ground erosions, and damages to roadways from future storm events. Storm drainage infrastructure being considered for repair and improvements include facilities at Story Hill Lane, Oak Park Court, Purissima Road, Page Mill Road, and other miscellaneous locations.
The project will also investigate old corrugated metal storm drain pipes, which are prone to failures with age.
Staff to continue investigating annual needs for storm drainage improvements.
PROJECT STATUS:
PLANNED START DATE
PROJECT NUMBER
INITIAL FUNDING YEAR
ESTIMATED COMPLETION DATE
Attachment 2
From: allan epstein
To: Deborah Padovan; City Council
Cc: Peter Pirnejad
Subject: Comments on Council Agenda Items 4.D, 4.O and 4.S.
Date: Wednesday, May 17, 2023 4:08:17 PM
Hi Deborah,
Please attach these comments to today’s Council Agenda.
Thank you.
Best,
Allan
AGENDA ITEM #4.D AUDIO VIDEO SYSTEMS UPGRADE PROJECT
This is an extraordinarily expensive program and the expense may exceed the $450K requested. The recommendations listed, according to the consultant, “are in 2023 dollars and do not include General Contractors mark-up and general conditions or overall contingencies.” Clearly, the town needs a functional and reliable A/V system, but does this proposal represent the necessary basics or a Ferrari solution? How do the features and capabilities differ from today’s system and why are those changes needed? Are there different levels of equipment one can choose from, good, better, best? Why do existing cameras need to be replaced? Why does the projector need to be replaced? Would adding 2-85” monitors, one on each side of the room closer to the audience, provide a more easily readable visual display than a projection screen 25 feet away from the first viewer’s row? Why are $45,000 in lights necessary? The RFP should require a cost breakdown for each category of equipment so that cost drivers can be identified and choices are available in the award.
Fiscal Impact statement states, “funds in the amount of $450K are included in the Proposed FY2023- 24 Operating Budget and FY2024-2028 Five Year Capital Improvement Plan.” Dedicated PEG funds, collected by Comcast from their customers, should be used to assist with this purchase. Currently, town is receiving about $11,000 a year and the Town should have funds set aside from the last 3-5 years. Town should verify that Comcast is paying the correct PEG and Franchise fee amounts.
AGENDA ITEM #4.O STORM DRAIN IMPROVEMENTS
The most recent storms identified many stormwater related problems in Town and infrastructure that needs repair and maintenance. While the three projects listed may need attention, they are being presented outside of the budget process, without an understanding of the complete scope of work. The town should undertake an inventory and assessment of all its drainage assets, culverts, bridges, storm basins, ditches, etc., and prepare a comprehensive list of required drainage improvements. The Matadero Creek erosion damage, that started 12 years ago and continues, has still not been repaired and will likely be very expensive to repair, and only increasing in cost. The Town has limited funds and needs to prioritize the work that needs to be done. Waiting until an investigation is complete and estimates are prepared for all projects before awarding this work is a more prudent approach. This project is not scheduled to be completed until Summer 2024, so a few months’ investigation before starting would cause little delay. The Council package also does not contain the specifications for the project, a requirement under the municipal code before a project can be put out for bid.
Fiscal Impact. The staff report states, “As part of the proposed FY23-24 Operating Budget and FY2024-2028 Five Year Capital Improvement Plan, staff will be proposing a new capital improvement project (CIP) for Storm Drain Improvements with a total FY2023-24 project budget appropriation of $250,000 from American Rescue Plan Act (ARPA) and Drainage In-lieu Funds (Attachment 2).” The attached budget sheet shows $214,851 coming from the ARPA Funds, but I believe this would require reducing ARPA funds currently allocated to other programs.
Supplemental No. 1
AGENDA ITEM #4.O
Distributed 5/17/23
AGENDA ITEM #4.S Landscape Maintenance
The report does not compare proposed costs to current costs. Bayscape Landscape’s bid prices appear to be reductions from their current prices. LAH Town Hall is currently maintained by a different vendor. Proposal submittals are not attached, so deficiencies listed for vendors who submitted lower bids cannot be evaluated for indicated savings potentially worth tens of thousands of dollars per year. Town should consider awarding maintenance work on Purissima Field to free up Town maintenance crew to do other work.
Fiscal impact statement states in error, “landscaping services under the agreement would be funded through General, Pathway, and Westwind Barn Funds…” Pathway and Westwind Barn Funds are capital funds and are not used to fund maintenance operations. All payments would come from the General Fund.
TOWN OF LOS ALTOS HILLS May 17, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING FISCAL YEAR 2023-24 PROJECT LIST TO BE FUNDED BY THE STATE SENATE BILL 1, THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
FROM: WooJae Kim, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a resolution (Attachment 1) approving the Fiscal Year (FY) 2023-24 project list for submission to the California Transportation Commission (CTC) to be funded by the State Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, Road Maintenance and Rehabilitation Account (RMRA) funding.
BACKGROUND:
SB 1, the Road Repair and Accountability Act of 2017, was passed by the State Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide. SB 1 is intended to enable cities and counties to better address significant maintenance, rehabilitation, and safety needs on their local street systems. Maintenance and rehabilitation projects are used to extend the serviceable life of streets.
Built into the Road Repair and Accountability Act are accountability and transparency measures, including a requirement that all projects proposed to receive RMRA funding be approved by the applicable governing body at a regular meeting. To comply, the Town must adopt a resolution with a list of projects for the upcoming fiscal year proposed to receive RMRA funding, including a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The resolution with the project list must be submitted to CTC by July 1 of each year.
DISCUSSION:
Staff has identified a list of project street segments for RMRA funding included as Attachment A to the resolution, which is the project street list for the 2023 Pavement Rehabilitation and Storm Drainage Improvement Project approved by Council at the April 20 meeting and currently in the bidding process. The engineer’s estimate for the entire 2023 Pavement Rehabilitation and Storm Drainage Improvement Project is $1.33 million. Construction is anticipated to start in July or August 2023.
Based on the Local Streets and Roads – Projected FY2023-24 Revenues Report updated on May 14, 2023, the Town has been allocated the following funds:
AGENDA ITEM #4.P
W.K.
P.P.
City Council Page 2
SB 1 Project List for FY2023-24
May 17, 2023
• $210,196 - Road Maintenance and Rehabilitation Account (RMRA) • $246,329 - Highway Users Tax Account (HUTA)
ENVIRONMENTAL REVIEW
This action is a class 1 categorical exclusion per Article 19 (Categorical exclusions) section 15301(c) Existing Facilities of the California Environmental Quality ACT (CEQA) guidelines. 2023 CITY COUNCIL WORK PLAN:
This action is related to the 2023 City Council Work Plan under Protect and Maintain Infrastructure Priority for 2023 Pavement and Storm Drainage Improvement to fund construction.
FISCAL IMPACT:
SB 1 RMRA funds supplement the Annual Road Rehabilitation Program with Gas Tax, Vehicle Registration Fee, Drainage In-lieu, Street Encroachment Fees, Measure B, and General Fund. The total annual budget for the project is $1,400,000. The allocation of General Fund varies annually between $400,000 to $600,000 pending the total budget from other funds for the fiscal year. For FY2023-24, an allocation of $559,475 from General Funds is forecasted.
ATTACHMENTS
1. Resolution with SB1 Local Street and Road Improvement Project List Prepared by: Astha Khanal, Assistant Engineer
RESOLUTION NO._______
RESOLUTION APPROVING FISCAL YEAR 2023-24 PROJECT LIST TO BE FUNDED BY THE STATE SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the Town are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the Town must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the Town, will receive an estimated $210,196 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the Town is receiving SB 1 funding and will enable the Town to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the Town has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list (Attachment A); and WHEREAS, the Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the Town maintain and rehabilitate streets and roads, and add active transportation infrastructure throughout the Town this year and similar projects into the future; and
Attachment 1
WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the Town’s streets and roads are in a “good” condition and this revenue will help us increase and maintain the overall quality of our road system; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the Town of Los Altos Hills, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The fiscal year 2023-24 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues (Attachment A).
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills as a special meeting held on 17th of May 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Linda G. Swan, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
ATTACHMENT A
Town of Los Altos Hills
SB1 Local Street and Road Improvement Project List
The Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide. The FY 2023- 2024 project list below was developed as part of the requirements of Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, which is also providing much of the funding to do the work.
PROJECT LIST PROJECT DESCRIPTION & LOCATION ESTIMATED
BUDGET
ESTIMATED
COMPLETION DATE
ESTIMATED
USEFUL LIFE
1. 2023 Pavement
Rehabilitation and
Storm Drainage
Improvement Project
This is an annual street resurfacing project that includes 1.5” and 2” overlay with digouts, microsurfacing, microsurfacing and digouts, and pavement markings replacement throughout
various streets within Town limits. (See attached exhibit for street names.) The selected streets were determined by the recommendation from the Metropolitan Transportation
Commission’s Pavement Management Program. This project will extend the life span of streets throughout the Town between 5, 15 and 20 years depending of type of rehabilitation method. $1,330,000 October 2023 5-20 years
2. Streets Operations
and Maintenance
Budget
This budget will support the necessary work on Various Street repairs and maintenance throughout town on as needed basis $630,000 June 2024 5-10 years
ATTACHMENT A
Town of Los Altos Hills
SB1 Local Street and Road Improvement Project List
2023 Pavement Rehabilitation and Drainage Improvement Project Specifications -- Streets List Street From To Length
(Feet)
Area
(Square Feet)
Type of Work
Adobe Creek Lodge
Road Moody Rd. End 560 14,407 Microsurfacing
Alejandro Drive St Francis Rd. End (south) 393 9,174 Microsurfacing Arroyo Oaks Drive Ravensbury Ave. End 565 12,922 Microsurfacing Beatrice Lane Robleda Rd. End (CDS) 245 10,000 Microsurfacing Berry Hill Court Page Mill Rd. End 547 9,542 Microsurfacing Berry Hill Lane Berry Hill Ct. End 745 16,055 Microsurfacing Black Mountain
Road N/A N/A 0 0
6” digouts, 4” A.C.
dike, 6” A.C. dike,
2’ valley gutter
Canario Way Viscaino Rd. End 950 24,484 Microsurfacing
Carrillo Lane La Cresta Dr. End 450 13,944 Microsurfacing Conejo Court Ascension Dr. End 310 10,444 Microsurfacing Dawn Lane Elena Rd. End 380 9,300 2” Overlay
Donelson Place Fremont Rd. End 630 16,826 Microsurfacing Eshner Court Altamont Rd. End 381 10,974 Microsurfacing Fawn Creek Court Page Mill Rd. End 695 16,452 Microsurfacing Frampton Court Magdalena Rd. End 240 10,725 Microsurfacing Francemont
Avenue Moody Rd. End 425 11,175 Microsurfacing
Fremont Road N/A N/A 0 0 6” digouts
Gigli Court Elena Rd. End 430 11,563 Microsurfacing
Green Hills Court Elena Rd. End 540 12,820 Microsurfacing Hilltop Drive N/A N/A 0 0 6” digouts
Horseshoe Lane Arastradero Rd. End 828 20,300 Microsurfacing La Barranca Road Purissima Rd. Elena Rd. 2,080 51,582 Microsurfacing La Cresta Drive Arastradero Rd.;
Viscaino Rd.
900’ S. Nina Pl.;
End 4,370 95,025 Microsurfacing
La Paloma Road Newbridge Dr. Alta Tierra Rd. 2,060 50,262 Microsurfacing Laurel Lane Concepcion Rd. End (CDS) 222 6,000 Microsurfacing La Vida Real Natoma Rd. End 600 12,140 Microsurfacing
Liddicoat Circle Liddicoat Dr. Liddicoat Dr. 2,320 49,554 Microsurfacing Magdalena Road N/A N/A 2,860 65,780 Microsurfacing
Manuella Road N/A N/A 0 0 6” Digouts
ATTACHMENT A
Town of Los Altos Hills
SB1 Local Street and Road Improvement Project List
Street From To Length
(Feet)
Area
(Square Feet)
Type of Work
Matadero Creek
Court Page Mill Rd. Matadero Creek Ln. 650 22,934 Microsurfacing Matadero Creek
Lane Matadero Creek Ct. End 1,461 36,750 Microsurfacing Moody Road El Monte Rd. Altamont Rd. 0 0 6” Digouts
Moody Springs
Court Moody Rd. End (CDS) 336 9,625 Microsurfacing
Murietta Lane Moody Rd. End 870 20,195 Microsurfacing
Old Altos Road Fremont Rd. Fremont Rd. 0 0 4” A.C. dike, A.C. berm
Ohlone Road Fremont Rd. End 360 9,500 Microsurfacing
Paseo Del Roble
Court Paseo Del Roble Rd. End 250 6,555 Microsurfacing
Purissima Road Elena Rd. Concepcion Rd. 4,882 117,640 2” Overlay Ravensbury
Avenue N/A N/A 0 0 6” Digouts
Rebecca Lane Dawson Dr. End 900 20,160 Microsurfacing
Robleda Road N/A N/A 0 0 6” Digouts
Robleda Court Robleda Rd. End (CDS) 573 11,460 Microsurfacing Samuel Lane Purissima Rd. End 220 9,800 Microsurfacing
Snell Lane Fremont Rd. End 840 20,822 Microsurfacing
Todd Lane La Paloma Rd. End (CDS) 814 19,560 Microsurfacing Tracy Court Arastradero Rd. End 265 6,636 Microsurfacing Ursula Lane Black Mountain Rd. End 600 15,648 Microsurfacing Vista Serena O’Keefe Ln. End 750 17,730 Microsurfacing
Wild Plum Lane Miranda Rd. End 650 17,008 Microsurfacing Windsor Court Black Mountain Rd. End 205 8,244 Microsurfacing Yale Court Liddicoat Cir. End 130 4,452 Microsurfacing
TOTAL 38,982
TOTAL MILES 7.4
TOWN OF LOS ALTOS HILLS May 17, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE SEWER CONSTRUCTION AND DEDICATION AGREEMENT FOR THE 13101 AND 13057 LA CRESTA
DRIVE SANITARY SEWER MAIN EXTENSION PROJECT AND
REPEALING COUNCIL RESOLUTION NO. 04-23
FROM: WooJae Kim, Public Works Director/City Engineer
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a resolution (Attachment 1) approving the Sewer Construction and Dedication Agreement for the 13101 and 13057 La Cresta Drive Sanitary Sewer Main Extension and repealing Council Resolution No. 04-23.
BACKGROUND:
At the January 24 2023 Council Meeting, the Sewer Construction and Dedication Agreement for the 13101, 13057, and 13023 La Cresta Drive Sanitary Sewer Main Extension was approved through the adoption of Council Resolution No. 04-23 (Attachment 2).
DISCUSSION:
After the approval of the La Cresta Sewer Main Extension Project through Council Resolution 04- 23, the property owner of 13023 La Cresta Drive is withdrawing from the project. The property owners of 13101 and 13057 La Cresta Drive are determined to move forward with the Sewer Construction and Dedication Agreement without the third applicant. Since the previously approved dedication agreement was not executed, a new Sewer Construction and Dedication Agreement (Attachment 3) with the two property owners at La Cresta Drive has been drafted ready for Council approval. There is no change needed to the La Cresta Sewer Main Extension plans for the new agreement. The sewer lateral connection for the 13023 La Cresta Drive property would be excluded from the construction scope, and that change can be documented in the final record drawings. The sewer connection fee paid by the 13023 La Cresta Drive property owner would be refunded.
The Council Resolution No. 04-23 approving the application and agreement for the 13101, 13057, and 13023 La Cresta Drive Sanitary Sewer Main Extension would need to be repealed to be superseded by the new resolution with the revised agreement for 13101 and 13057 La Cresta Drive Sanitary Sewer Main Extension.
AGENDA ITEM #4.Q
W.K.
P.P.
Staff Report to City Council Page 2
13101 & 13057 La Cresta Drive Sewer Main Extension
May 17, 2023
2 ENVIRONMENTAL REVIEW:
This action is a class 1 categorical exclusion per Article 19 (Categorical exclusions) section 15301(b) Existing Facilities of the California Environmental Quality ACT (CEQA) guidelines. 2023 CITY COUNCIL WORK PLAN:
This action was not identified on the 2023 City Council Work Plan, but it supports the council priorities to “Maintain Quality of Life” and “Protect and Maintain Infrastructure.” FISCAL IMPACT:
There is no immediate fiscal impact associated with this recommendation. The sewer main will be installed per Town standards at the expense of the property owners. The newly constructed sewer main will become the Town’s asset, and the Town will assume maintenance responsibilities for the new sewer main.
ATTACHMENTS
1. Resolution
2. Resolution No. 04-23
3. Sewer Construction and Dedication Agreement for 13101 and 13057 La Cresta Drive
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING THE SEWER CONSTRUCTION AND DEDICATION AGREEMENT FOR 13101 AND 13057 LA CRESTA DRIVE SANITARY SEWER MAIN EXTENSION AND REPEALING COUNCIL RESOLUTION NO. 04-23
WHEREAS, on January 24, 2023 Council Meeting, the Sewer Construction and Dedication Agreement for the 13101, 13057, and 13023 La Cresta Drive Sanitary Sewer Main Extension was approved with the adoption of Council Resolution No. 04-23; and WHEREAS, the agreement has not been executed yet and the property owner of 13023 La Cresta Drive wishes to withdraw from the project; and WHEREAS, the remaining two property owners are determined to move forward with the project, and the Sewer Construction and Dedication Agreement has been updated for Council approval to only include the two property owners; and
WHEREAS, Council Resolution No 04-23 would need to be repealed to be superseded by this resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Los Altos Hills does hereby:
1. Approve the Sewer Construction and Dedication Agreement for 13101 and 13057 La Cresta Drive Sanitary Sewer Main Extension.
2. Resolution hereby repeals and supersedes, without limitation, Council Resolution No. 04- 23 for the approval of application and agreement for the 13101, 13057, and 13023 La Cresta Sewer Main Extension.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 17th day of May 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Linda G. Swan, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1
Attachment 2
Attachment 3
ROSENBLUM, INC. civil engineers and surveyors
1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com UNDERWOOD& (408) 453-1222 NORTH
NORTH
ROSENBLUM, INC. civil engineers and surveyors
1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com UNDERWOOD& (408) 453-1222
ROSENBLUM, INC. civil engineers and surveyors
1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com UNDERWOOD& (408) 453-1222
ROSENBLUM, INC. civil engineers and surveyors
1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com UNDERWOOD& (408) 453-1222
ROSENBLUM, INC. civil engineers and surveyors
1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com UNDERWOOD& (408) 453-1222
ROSENBLUM, INC. civil engineers and surveyors
1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com UNDERWOOD& (408) 453-1222
TOWN OF LOS ALTOS HILLS May 17, 2023
Staff Report to the City Council
SUBJECT: REQUEST TO THE METROPOLITAN TRANSPORTATION
COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2023-2024
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3
PEDESTRIAN/BICYCLE FUNDING OF $45,136 FOR SUMMERHILL
PATHWAY PROJECT
FROM: WooJae Kim, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a resolution (Attachment 1) approving the request to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year (FY) 2023/24 Transportation Development Act Article 3 pedestrian/bicycle funding of $45,136 for Summerhill Pathway Project (Project No. 427902).
BACKGROUND:
The Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans. TDA funds a wide variety of transportation programs, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects.
As one of the funding sources for TDA, Local Transportation Fund (LTF), as established in the Public Utilities Code, Chapter 4. Transportation Development, Article 3 - Local Transportation Fund (Article 3), is derived from a ¼ cent of the general sales tax collected statewide. TDA Article 3 (TDA3) funds are administered by MTC, the Regional Transportation Planning Agency for the nine-county San Francisco Bay Area, and through the Santa Clara Valley Transportation Agency. Generally, revenues from the county’s LTF must be apportioned by population to areas and member agencies within the county.
DISCUSSION:
For each member agency, TDA3 funds may be banked up to four years plus one year to program funds. On June 17, 2021, the City Council approved a resolution for MTC to allocate $21,103 out of $48,708 TDA3 banked funds at the time to FY2021/22 for the design of Summerhill Pathway (Phase 1) Project. Phase 1 of the project improved the Summerhill Pathway from El Monte Avenue to Nicole Avenue.
AGENDA ITEM #4.R
W.K.
P.P.
Staff Report to City Council Page 2
TDA Article 3 – Summerhill Pathway
May 17, 2023
The Town currently has $45,136 TDA3 funds banked from FY2019/20 to FY2022/23 available for FY2023/24 pedestrian/bicycle projects. Prior to applying for the funds, each county and city are required to have a Bicycle and Pedestrian Advisory Committee or equivalent body review and prioritize bicycle and pedestrian projects and plans, as stipulated in MTC’s Resolution No. 4108 under Priority Setting. On April 24, 2023, the Pathways Committee reviewed the current list of pathway projects and prioritized Summerhill Pathways (Phase 2) design and construction project to be eligible to receive TDA3 funds to supplement current project funding. Phase 2 would install the remaining 4,300-foot of Summerhill Pathway from Nicole Avenue to Magdalena Avenue.
The current capital project funding for the Summerhill Avenue Pathway is approved as part of the Adopted FY22-23 Operating Budget and FY2023-2027 Five Year Capital Improvement Plan, with approximate $437,025 of prior appropriation remaining for Phase 2 design and construction. Topographic survey and preliminary staking are completed for Phase 2 segment, and staff is working with the engineering consultant to finalize the design plans to submit to the County of Santa Clara for an encroachment permit. Staff is also working with homeowners to receive additional easements needed for the proposed path.
ENVIRONMENTAL REVIEW
Alteration or addition to existing pedestrian trails that do not create additional automobile lanes is defined under California Environmental Quality Act (CEQA) Section 15301(c) as Categorically Exempt.
2023 CITY COUNCILWORK PLAN:
This action is identified on the 2023 City Council Work Plan under “Improve Pathway System”, and it supports the council priority to Protect and Maintain Infrastructure.
FISCAL IMPACT
There is no fiscal impact associated with this recommendation. The Town through TDA Article 3 funding would receive $45,136 from MTC.
ATTACHMENT
1. Resolution with Attachment A – Findings & Attachment B - Application Prepared by: Astha Khanal, Assistant Engineer
RESOLUTION NO. ____________
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING THE REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2023-2024
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE
FUNDING OF FOR SUMMERHILL PATHWAY PROJECT
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the Town of Los Altos Hills desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Los Altos Hills declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.
BE IT FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the Town of Los Altos Hills to carry out the project.
BE IT FURTHER RESOLVED, that the Town of Los Altos Hills attests to the accuracy of and approves the statements in Attachment A to this resolution.
BE IT FURTHER RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of the County of Santa Clara for submission to MTC as part of the countywide coordinated TDA Article 3 claim.
Attachment 1
May 2023 TDA Article 3 Resolution Page 2
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills as a special meeting held on 17th of May 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Linda G. Swan, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
May 2023 TDA Article 3 Resolution Page 3
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023-2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings
1. That the Town of Los Altos Hills is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the Town of Los Altos Hills legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.
2. That the Town of Los Altos Hills has committed adequate staffing resources to complete the project(s) described in Attachment B.
3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).
4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.
5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).
6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).
7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the Town of Los Altos Hills within the prior five fiscal years.
8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.
9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.
10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).
11. That the Town of Los Altos Hills agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.
May 2023 TDA Article 3 Resolution Page 4
ATTACHMENT B
TDA Article 3 Project Application Form
1. Agency Town of Los Altos Hills
2. Primary Contact Astha Khanal, Assistant Engineer
3. Mailing Address 26379 Fremont Road, Los Altos Hills, CA 94022
4. Email Address [email protected] 5. Phone Number (650)847-2541
6. Secondary Contact
(in the event primary
is not available)
WooJae Kim, Public Works Director
7. Mailing address (if
different) N/A☐
8. Email Address [email protected] 9. Phone Number (650)947-2516
10. Send allocation
instructions to (if
different from above):
11. Project Title Summerhill Pathway Project, Phase 2
12. Amount requested $45,136 13. Fiscal Year of
Claim
FY2023-24
14. Description of Overall Project:
15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:
Project Relation to Regional Policies (for information only)
17. Is the project in an Equity Priority Community? Yes☐ No☒
18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒
19. Project Budget and Schedule
There is no continuous improved pathway on Summerhill Ave. currently. The Summerhill Pathway Project, Phase II proposes an approximately 4,300’ proposed pathway project along Summerhill Avenue from Nicole Lane to Magdalena Avenue, connecting to Phase 1
Construction Work.
The project is located along Summerhill Avenue between Nicole Lane and Magdalena Avenue (see attachment).
May 2023 TDA Article 3 Resolution Page 5
Project Eligibility
Project Phase TDA 3 Other Funds Total Cost
Estimated Completion
(month/year)
Bike/Ped Plan
ENV
PA&ED
PS&E
ROW
CON $45,136 $400,000 $445,136 June 2025
Total Cost
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda. April 24, 2023 If "NO," provide an explanation).
http://www.losaltoshills.ca.gov/AgendaCenter/ViewFile/Agenda/_04242023-2321 B. Has the project been approved by the claimant's governing body? Yes☐ No☐ If "NO," provide expected date: May 17, 2023
C. Has this project previously received TDA Article 3 funding? Yes☒ No☐ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Existing Facility? Yes☒ No☐
2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.
F. Estimated Completion Date of project (month and year): June 2025 G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.
H. Is a Complete Streets Checklist required for this project ? Yes☒ No☐ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets
May 2023 TDA Article 3 Resolution Page 6
Project Eligibility (contd.)
C. Has this project previously received TDA Article 3 funding? Yes☒ No☐ Summerhill Avenue Pathway Project has previously received TDA Article 3 funding in F2021-22 for the design of Phase 1, which is to improve the pathway on Summerhill Avenue from El Monte Road to Nicole Lane. Phase 1 project has been completed. Phase 2 project is the current project to improve the pathway along Summerhill Avenue from Nicole Lane to Magdalena Avenue.
TOWN OF LOS ALTOS HILLS May 17, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING AWARD OF THE LANDSCAPE
MAINTENANCE SERVICES AGREEMENT FOR FISCAL YEARS
2023-2025 TO BAYSCAPE LANDSCAPE MANAGEMENT NOT TO
EXCEED $220,000
FROM: WooJae Kim, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a resolution (Attachment 1) authorizing the award of the Landscape Maintenance Services agreement for Fiscal Years 2023-2025 to Bayscape Landscape Management not to exceed $220,000.
BACKGROUND:
The current two-year landscaping maintenance services agreement with Bayscape Landscape Management for the Arastradero Path, Edith Park, Foothill College and El Monte Pedestrian and Bike Path, Fremont Road Path, and Westwind Community Barn is expiring June 30, 2023.
At the March 16 Council meeting, the City Council authorized staff to issue a request for proposal (RFP) for the Annual Landscape Maintenance Services to include vegetation management, irrigation, water management, landscaping, pest control without harmful chemicals, soils, and fertilizers to maintain the landscaping at the Town Hall, Arastradero Path, Edith Park, Foothill College and El Monte Pedestrian and Bike Path, Fremont Road Path, and Westwind Community Barn. As an option, the RFP included landscape maintenance services for Purissima Park.
DISCUSSION:
On April 13, 2023, the Town of Los Altos Hills received proposals from five landscaping maintenance companies – Bayscape Landscaping Management, Brightview Landscape Services, Frank and Grossman Landscape Contractors, Landtek Landscape, and New Image Landscape Company. Below is a summary of the cost proposals:
AGENDA ITEM #4.S
W.K.
P.P.
Staff Report to City Council Page 2
Landscaping Maintenance Services Agreement
May 17, 2023
Monthly Amount
Site ID
No. Site name Bayscape Landscape
Brightview
Landscape
Frank &
Grossman
LandTek
Landscape
New Image
Landscape
S-01 LAH Town Hall $1,250.00 $1,583.75 $2,180.00 $785.00 $2,500.00 S-02 Arastradero path $450.00 $601.91 $545.00 $425.00 $560.00 S-03 Fremont Road Path $2,500.00 $1,669.82 $1,090.00 $845.00 $2,000.00 S-04 Edith Park $850.00 $977.48 $820.00 $485.00 $1,385.00 S-05
Foothill College &
El Monte
Pedestrian and
Bike path
$1,750.00 $1,234.91 $820.00 $485.00 $830.00
S-06 Westwind
Community Barn $1,750.00 $1,329.62 $1,090.00 $625.00 $3,570.00 TOTAL $8,550.00 $7,397.49 $6,545.00 $3,650.00 $10,845.00 Town staff reviewed all the proposals based on the selection criteria specified in the RFP, which included the company’s relevant experience, knowledge and expertise, qualifications, references, and cost.
After a thorough review and rating of the proposals, Town staff selected Bayscape Landscape Management as the best qualified for the Annual Landscaping Maintenance Service. Bayscape Landscape Management has significant work experience with municipal agencies. Bayscape was also the only firm that cited and referenced all the relevant experiences and knowledge relate to the qualifications required in the RFP, including expertise in native planting, integrated pest management in a safe manner, and managing a variety of irrigation systems. Bayscape also stated that they would comply with the Town’s Leaf Blower Ordinance starting July 1 before the ordinance goes into effective January 1, 2024. All other proposals lacked responses to one or more elements/qualifications sought for in the services. Staff members who reviewed the proposals appreciated Bayscape’s attention to detail and quality control as reflected in their proposal. Staff is also satisfied with the overall performance of the current landscape maintenance services provided by Bayscape.
As an option in the RFP, Bayscape submitted a cost proposal of $3,375 per month to maintain Purissima Park on a weekly basis and $6,750 per month to maintain the park twice a week. Staff is not recommending the inclusion of Purissima Park to the scope of services for the agreement.
The scope of services would include all work involved with performing the landscape maintenance at the Town Hall, Arastradero Path, Edith Park, Foothill College and El Monte
Staff Report to City Council Page 3
Landscaping Maintenance Services Agreement
May 17, 2023
Pedestrian and Bike Path, Fremont Road Path, and Westwind Community Barn for a period of two years starting July 1, 2023, with an option to extend the contract one additional year.
Staff is recommending including a contingency amount of $14,800 to cover additional landscaping service needs at the six sites for a total agreement amount not to exceed $220,000 for two years.
Monthly Total $8,550
Annual Total $102,600
Total for Two Years $205,200
Additional Services $14,800
FY2023-25 Total $220,000
Before the end of the agreement term, staff would return to Council with a recommendation to either extend the services one additional year or issue a new RPF to hire a new vendor depending on the performance of Bayscape Landscape Management.
ENVIRONMENTAL REVIEW
Maintenance of existing landscaping is defined under California Environmental Quality Act (CEQA) Section 15301(h) as Categorically Exempt.
2023 CITY COUNCIL WORK PLAN:
This action is not identified on the 2023 City Council Work Plan, but it supports the council priority to “Maintain Quality of Life and Community Character” and “Protect and Maintain Infrastructure.”
FISCAL IMPACT
The two-year cost of the proposed Landscaping Maintenance Services for the six sites is $220,000. Once approved by Council, landscaping services under the agreement would be funded through General, Pathway, and Westwind Barn Funds accordingly from the FY2023-24 and FY2024-25 operating budgets to be adopted.
ATTACHMENTS
1. Resolution
2. Agreement with Bayscape Landscape Management
Prepared by: Melissa Elian, Assistant Engineer
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AUTHORIZING AWARD OF THE
LANDSCAPE MAINTENANCE SERVICES AGREEMENT FOR FISCAL
YEARS 2023-2025 TO BAYSCAPE LANDSCAPE MANAGEMENT NOT TO EXCEED $220,000
WHEREAS, the contract between The Town of Los Altos Hills and the current landscaping contractor is set to expire on June 30, 2023; and WHEREAS, at the March 16 Council meeting, the City Council authorized staff to issue a request for proposal (RFP) for the FY2023-24 Annual Landscape Maintenance Services to include vegetation management, irrigation, water management, landscaping, pest control without harmful chemicals, soils, and fertilizers to maintain the landscaping at the Town Hall, Arastradero Path, Edith Park, Foothill College and El Monte Pedestrian and Bike Path, Fremont Road Path, and Westwind Community Barn; and WHEREAS, on April 13, 2023, the Town received proposals from five landscaping maintenance companies; and
WHEREAS, Town staff review and rated the proposals based on the selection criteria specified in the RFP and selected Bayscape Landscape Management based on their relevant experience, knowledge, qualifications, capability and references; and WHEREAS, Town staff is recommending Council to award the two-year agreement for the Landscape Maintenance Services for Fiscal Years 2023-2025 to Bayscape Landscape Management for a total amount not to excced $220,000; and WHEREAS, before the end of the agreement term, staff would return to Council with a recommendation to either extend the services one additional year or issue a new RPF to hire a new vendor depending on the performance of Bayscape Landscape Management.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Los Altos Hills does hereby authorize the award of the Landscape Maintenance Services agreement for Fiscal Years 2023-25 to Bayscape Landscape Management not to exceed $220,000, and authorize the City Manager to execute the agreement.
The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 17th day of May 2023 by the following vote:
Attachment 1
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Linda G. Swan, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 1 of 14
CONSULTING SERVICES AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
BAYSCAPE LANDSCAPE MANAGEMENT
THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills (“Town”) and Bayscape Landscape Management (“Consultant”) (together referred to as the “Parties”) as of July 1, 2023 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to Town the services described in the Scope of Work attached as Exhibit A , and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the Town’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from Town of such desire of Town, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend Town concerning any liability arising out of Labor Code Section 1720 et seq.
Section 2. COMPENSATION. Town hereby agrees to pay Consultant a sum not to exceed $220,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Attachment 2
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 2 of 14 Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Town shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from Town to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Town in the manner specified herein. Except as specifically authorized by Town in writing, Consultant shall not bill Town for duplicate services performed by more than one person.
Consultant and Town acknowledge and agree that compensation paid by Town to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. Town therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At Town’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the Town when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and Town. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and Town, if applicable.
2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Town shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 3 of 14
2.3 Final Payment. Town shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to Town of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. Town shall pay for the services to be rendered by Consultant pursuant to this Agreement. Town shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
Town shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $ N/A . Expenses not listed below are not chargeable to Town. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the Town or Consultant terminates this Agreement pursuant to Section 8, the Town shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to Town of such insurance that meets the requirements of this section and under
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 4 of 14 forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the Town. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $ 1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the Town and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $ 1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 5 of 14 a. The Insurance shall cover on an occurrence or an occurrence basis, and not on a claims-made basis.
b. Town, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the Town.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $ N/A covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the Town for review prior to the commencement of any work under this Agreement.
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 6 of 14
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish Town with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the Town does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The Town reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of Town for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies Town may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Town may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Town may have and are not the exclusive remedy for Consultant’s breach:
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 7 of 14 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to Town, and hold harmless Town and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of Town.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the Town, unless this time has been extended by the Town. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the Town, may be retained by the Town until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of Town, Consultant shall indemnify, defend, and hold harmless Town for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Town.
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 8 of 14 Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of Town. Town shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Town shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Town, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Town and entitlement to any contribution to be paid by Town for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as Town may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which Town is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to Town that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to Town that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Town.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 9 of 14 employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Town may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon N/A days’ written notice to Town and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Town, however, may condition payment of such compensation upon Consultant delivering to Town any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Town in connection with this Agreement.
8.2 Extension. Town may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if Town grants such an extension, Town shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. Town and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to Town for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 10 of 14 performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Town and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, Town’s remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Town would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Town. Consultant hereby agrees to deliver those documents to the Town upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Town and are not necessarily suitable for any future or other use. Town and Consultant agree that, until final approval by Town, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit,
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 11 of 14 and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of Town or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any Town official in the work performed pursuant to this Agreement. No officer or employee of Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 12 of 14 Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the Town. If Consultant was an employee, agent, appointee, or official of the Town in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the Town for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by _______________________________ ("Contract Administrator"). All correspondence, communications and meetings shall be directed to or through the Contract Administrator or his or her designee. The Consultant shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, Consultant agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the Consultant. The Town may modify the Contract Administrator at any time upon providing written notice to the Consultant.
10.10 Notices. Any written notice to Consultant shall be sent to:
____________________________________________
____________________________________________
____________________________________________
Any written notice to Town shall be sent to:
WooJae Kim, Public Works Director
Town of Los Altos Hills
16379 Fremont Road
Los Altos Hills, CA 94011
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 13 of 14 _______N/A__________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, [[and]C[, and D]] [ENSURE THAT THE CORRECT EXHIBITS ARE LISTED] represents the entire and integrated agreement between Town and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Public Works Requirements
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management Page 14 of 14 The Parties have executed this Agreement as of the Effective Date.
TOWN OF LOS ALTOS HILLS
____________________________
Peter Pirnejad, Town Manager
Attest:
____________________________
Deborah Padovan, Town Clerk
Approved as to Form:
____________________________
Steven T. Mattas, Town Attorney
1070873.1
Consulting Services Agreement between July 1, 2023
Town of Los Altos Hills and Bayscape Landscape Management --Exhibit A Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
.
EXHIBIT A
1 PROJECT
The scope of services includes all work to perform landscape maintenance at six (6) landscape sites as described on the attached Attachment “A” titled, “Town Los Altos Hills Landscape Sites Listing and Mapping.” Landscape Sites Listing are subject to update by the Town at any time.
The contractor shall perform weekly maintenance of Town’s specified sites for a period of one year starting July 1, 2023, with an option to extend one additional year.
The landscaping activities encompass tree/shrub/ground covering trimming, edging, fertilization, soil deficiency remediation, weeding, weed abatement, and pest control (without using harmful pesticide chemicals). Irrigation systems operations include the maintenance, adjustment, installation and repair of a variety of components, such as: irrigation controllers, valves, moisture sensing devices, and sprinkler heads of a variety of manufactured brands and models. The selected contractor will work closely with the Public Works staff.
Contractor must self-perform all required work without subcontractor services.
REQUIREMENTS AND DETAILS
Contractors participating in the RFP process must meet the following minimum qualifications to be considered:
1. The contractor will be a financially sound company primarily engaged in professional landscape maintenance in the State of California.
2. Have successfully completed a minimum of three (3) projects of comparable size and scope to this project, within the past five (5) years with references provided in proposal.
3. The contractor shall be able to provide personnel who have been fully trained in all phases of landscaping and irrigation systems operation, maintenance, adjustment and repair.
Contractor’s personnel should also have familiarity with all types of components including irrigation controllers, valves, moisture sensing devices and sprinkler heads of a variety of brands and models. The contractor and staff shall have expertise and experience in vegetation management, irrigation, water management, landscaping, pest control (without harmful chemicals), soils, and fertilizers.
a. The contractor’s personnel shall include a manager/superintendent with experience in landscape maintenance supervision, who is able to receive and carry out instructions, either verbal or written, as given by the Town.
b. The contractor’s staffing shall include at least one irrigation manager and one dedicated irrigation specialist.
4. Contractor shall hold a valid C-27 (Landscaping Contractor) California Contractor’s License and meet all current licensing and registration requirements, as may be required by the State of California Contractor State License Board (CSLB), the California Department of Industrial Relations (DIR), and the Town of Los Altos Hills without any official unresolved record of complaints registered or filed with the California Department of Consumer Affairs.
EXHIBIT A
2 5. Able to provide proof of current insurance coverage in accordance with the Town’s insurance requirements.
6. Contractor shall provide a current and acceptable Injury and Illness Prevention Program (IIPP) to the Town.
7. Contractor shall abide by Ordinance 606 for allowed use of Leaf Blowers including reduced noise which becomes effective July 1, 2023, for new contracts.
SCOPE OF SERVICES
The scope of services includes all work to perform landscape maintenance at numerous landscape sites shown on the attached, Attachment “A” for a period of one year starting July 1, 2023. The Town will have an option to extend the agreement and services for one additional year. Contractor will be responsible to keep walkways, driveways, gutters, parking lots, and pathways within the sites clear of debris, trim ground cover, prune shrubs and trees, control insects and diseases, fertilize all plant materials, weed and remove litter and debris from all landscaping areas, eliminate rodents, maintain irrigation systems in good working order and adhere to all safety requirements and personal protective equipment (PPE) requirements. The contractor shall consider the following specific maintenance activities in their proposed scope of work:
1. EDGING
All ground cover and shrubs adjacent to walkways and curbs shall be trimmed to maintain a crisp, manicured appearance.
2. GROUND COVER
All ground cover shall be kept low, trimmed, and weed free. Ground cover shall be kept from covering valve boxes, irrigation control boxes, mainline valves, air-vac boxes, meters, and backflow devices.
3. WATERING
Irrigation systems shall be turned off manually or confirmed to turn off, if automated, during long periods of rain. The contractor will adjust irrigation timers to eliminate excess run-off and over spray at all water sites. All sites will be irrigated during the hours of 9:00 p.m. to 6:00 a.m.
4. WEED CONTROL
Weeding in shrub areas and ground cover planters will be done by hand or as deemed necessary for the sites listed.
5. WEED ABATEMENT
EXHIBIT A
3 Weed abatement consists of pulling and/or cutting weeds on an as deemed necessary for the sites listed.
6. PEST CONTROL
Contractor shall provide pest control without harmful chemicals as necessary. Pest control may include, but not limited to, aphids, snails, wireworms, grasshoppers. The contractor shall also provide pest control with the presence of ground squirrels or evidence of gophers.
If the Contractor is handling any chemicals, it shall be done in accordance with all applicable Federal, State, County and Local laws and including mandated regulations and label requirements. If any chemicals are being handled, Contractor will provide Town with all Safety Data Sheets (SDS) prior to starting work.
7. SHRUBS
Contractor shall trim or prune shrubs as needed and shape shrubs in either a formal or informal manner, dependent upon plant species. Contractor shall keep shrubs clear of all Town appurtenances including water meters, backflow devices, fire hydrants, air vacs, mainline valve cans, irrigation control valves, and irrigation control clocks. Contractor shall apply fertilizer as deemed necessary. Contractor shall keep areas of decomposed granite raked and weed free at all times.
8. DECOMPOSED GRANITE
Areas eroded shall be addressed immediately. All asphalt and decomposed granite areas are to be kept weed free at all locations.
9. TREES
All trees shall be monitored on the frequency noted in Attachment “A” and/or as deemed necessary. Contractor shall maintain all ties and stakes. All support devices shall be removed and/or replaced should tree growth no longer require support or the tree becomes damaged due to the support. Contractor shall supply all support devices, wires and ties when required.
Trees up to 15 feet tall shall be pruned during the dormant season. Supplemental pruning throughout the year shall be performed to eliminate low growth or cross branches. Sucker growth at the base of trees shall be removed promptly. Contractor shall maintain adequate watering basins around all trees in open ground to facilitate deep watering and moisture retention.
Fertilizer will be applied, as deemed necessary.
10. IRRIGATION AND DRAINAGE
Contractor shall notify Town's staff of repair on sprinkler heads, irrigation lines, and valves, and obtain Town approval before repairs service are rendered. Vandalism to irrigation control clocks and backflow devices will be considered vandalism and must be brought to the attention of the Town for further action.
EXHIBIT A
4 Contractor shall be responsible for proper adjustment of sprinklers and maintain adequate coverage. Contractor shall adjust irrigation timers to eliminate excessive run-off and overspray at all water sites.
Contractor shall monitor all irrigation and watering systems at the time of maintenance to ensure proper working order. Contractor shall observe the full watering cycle to ensure correct irrigation duration. Irrigation timers shall be set to water landscaping during the hours of 9:00 p.m. to 6:00 a.m.
Contractor will provide and maintain adequate surface drainage at all times. Deficiencies in drainage shall be corrected promptly. Contractor shall inspect, at the time of maintenance, all existing drainage structures to insure proper working order. Contractor shall clean all catch basins, v ditches, drainage pipes, and other drainage facilities located within landscaped areas, as necessary.
11. CLEAN UP
Contractor shall properly dispose of all clippings, trash and other waste, in a manner consistent with local laws, ordinances or codes. All trash shall be collected from the sites as necessary.
Leaves shall be kept clear from all walkways as necessary. Driveways and gutters at all sites shall be cleared of all debris as necessary.
12. PATHS AND PARKING LOT
Contractor shall properly maintain paths and parking lots removing, dead vegetation and debris.
Contractor shall keep paths and parking lot clean and clear. All leaf blowers shall abide by Ordinance 606, which discusses use of leaf blowers including reduced noise leaf blowers. Ordinance 606 becomes into effect July 1, 2023, for new contracts.
13. ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR
Contractor shall provide all labor, equipment, tools, chemicals, and supervision required to perform all work including, but not limited to:
All necessary Town, County, and State permits and/or licenses for equipment and personnel. Hours worked at Town sites must adhere to local ordinances. Contractor shall maintain at all times a 24-hour emergency contact telephone number. Contractor shall comply with Town insurance requirements. Contractor work crews shall perform work in a safe, orderly, and professional manner.
Contractor shall have work crew wearing garment that identifies worker as an employee of contractor.
Contractor shall be experienced in landscape maintenance and have formal education in horticulture or a closely related field. Contractor shall maintain such experience at the appropriate level of responsibility during the work at the Town sites
EXHIBIT A
5 Exhibit A - Fee Proposal
Site ID
No. Site name Address Monthly Amount
S-01 LAH Town Hall 26379 Fremont Road $1,250
S-02 Arastradero path Arastradero Rd. and Stirrup
Way $450
S-03 Fremont Road Path Fremont Road Concepcion
Rd. to Edith Ave. $2,500
S-04 Edith Park Edith Ave. & Fremont Rd. $850
S-05
Foothill College & El
Monte Pedestrian and
Bike path
El Monte Road Moody Rd.
to Stonebrook Dr. $1,750
S-06 Westwind Community
Barn 27210 Altamont Road $1,750
Monthly Total $8,550
Annual Total $102,600
Total for Two Years $205,200
Additional Services $14,800
FY2023-25 Total $220,000
Consulting Services Agreement between July 1, 2023
Town of Soledad and Bayscape Landscape Management --Exhibit B Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
Hourly
Rate
$50.00
$85.00
$85.00
$120.00
$180.00
$250.00
Arborist Consultation
Per Person including Truck and Tools
Tree Care Services (Regular Business Hours)
Per Person including Truck and Tools
Tree Care Services (After Hours Rate)
Per Person including Truck and Tools
Exhibit B - Hourly Rate Schedule
Per Person including Truck and Tools
Per Person including Truck and Tools
Labor: Renovation Work (Removal, Replant, etc.)
Description of Service
Labor: Landscape Maintenance (Supplemental)
Per Person including Truck and Tools
Labor: Irrigation Work (Repair, Install, ect.)
Consulting Services Agreement between July 1, 2023
Town of Soledad and Bayscape Landscape Management--Exhibit C Page 1 of 3
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the Town $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the Town has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the Town Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
Consulting Services Agreement between July 1, 2023
Town of Soledad and Bayscape Landscape Management--Exhibit C Page 2 of 3 prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the
Consulting Services Agreement between July 1, 2023
Town of Soledad and Bayscape Landscape Management--Exhibit C Page 3 of 3 Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
Consulting Services Agreement between July 1, 2023
Town of Soledad and Bayscape Landscape Management--Exhibit C Page 1 of 1
From: allan epstein
To: Deborah Padovan; City Council
Cc: Peter Pirnejad
Subject: Comments on Council Agenda Items 4.D, 4.O and 4.S.
Date: Wednesday, May 17, 2023 4:08:17 PM
Hi Deborah,
Please attach these comments to today’s Council Agenda.
Thank you.
Best,
Allan
AGENDA ITEM #4.D AUDIO VIDEO SYSTEMS UPGRADE PROJECT
This is an extraordinarily expensive program and the expense may exceed the $450K requested. The recommendations listed, according to the consultant, “are in 2023 dollars and do not include General Contractors mark-up and general conditions or overall contingencies.” Clearly, the town needs a functional and reliable A/V system, but does this proposal represent the necessary basics or a Ferrari solution? How do the features and capabilities differ from today’s system and why are those changes needed? Are there different levels of equipment one can choose from, good, better, best? Why do existing cameras need to be replaced? Why does the projector need to be replaced? Would adding 2-85” monitors, one on each side of the room closer to the audience, provide a more easily readable visual display than a projection screen 25 feet away from the first viewer’s row? Why are $45,000 in lights necessary? The RFP should require a cost breakdown for each category of equipment so that cost drivers can be identified and choices are available in the award.
Fiscal Impact statement states, “funds in the amount of $450K are included in the Proposed FY2023- 24 Operating Budget and FY2024-2028 Five Year Capital Improvement Plan.” Dedicated PEG funds, collected by Comcast from their customers, should be used to assist with this purchase. Currently, town is receiving about $11,000 a year and the Town should have funds set aside from the last 3-5 years. Town should verify that Comcast is paying the correct PEG and Franchise fee amounts.
AGENDA ITEM #4.O STORM DRAIN IMPROVEMENTS
The most recent storms identified many stormwater related problems in Town and infrastructure that needs repair and maintenance. While the three projects listed may need attention, they are being presented outside of the budget process, without an understanding of the complete scope of work. The town should undertake an inventory and assessment of all its drainage assets, culverts, bridges, storm basins, ditches, etc., and prepare a comprehensive list of required drainage improvements. The Matadero Creek erosion damage, that started 12 years ago and continues, has still not been repaired and will likely be very expensive to repair, and only increasing in cost. The Town has limited funds and needs to prioritize the work that needs to be done. Waiting until an investigation is complete and estimates are prepared for all projects before awarding this work is a more prudent approach. This project is not scheduled to be completed until Summer 2024, so a few months’ investigation before starting would cause little delay. The Council package also does not contain the specifications for the project, a requirement under the municipal code before a project can be put out for bid.
Fiscal Impact. The staff report states, “As part of the proposed FY23-24 Operating Budget and FY2024-2028 Five Year Capital Improvement Plan, staff will be proposing a new capital improvement project (CIP) for Storm Drain Improvements with a total FY2023-24 project budget appropriation of $250,000 from American Rescue Plan Act (ARPA) and Drainage In-lieu Funds (Attachment 2).” The attached budget sheet shows $214,851 coming from the ARPA Funds, but I believe this would require reducing ARPA funds currently allocated to other programs.
Supplemental No. 1
AGENDA ITEM #4.S
Distributed 5/17/23
AGENDA ITEM #4.S Landscape Maintenance
The report does not compare proposed costs to current costs. Bayscape Landscape’s bid prices appear to be reductions from their current prices. LAH Town Hall is currently maintained by a different vendor. Proposal submittals are not attached, so deficiencies listed for vendors who submitted lower bids cannot be evaluated for indicated savings potentially worth tens of thousands of dollars per year. Town should consider awarding maintenance work on Purissima Field to free up Town maintenance crew to do other work.
Fiscal impact statement states in error, “landscaping services under the agreement would be funded through General, Pathway, and Westwind Barn Funds…” Pathway and Westwind Barn Funds are capital funds and are not used to fund maintenance operations. All payments would come from the General Fund.
TOWN OF LOS ALTOS HILLS May 17, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS, INC. FOR TRAFFIC SIGNAL
PREVENTATIVE MAINTENANCE AND REPAIR SERVICES TO EXTEND
THE TERM ONE ADDITIONAL YEAR
FROM: WooJae Kim, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a resolution (Attachment 1) to approve and authorize execution of Amendment No. 1 (Attachment 2) to the agreement with Bear Electrical Solutions, Inc. for traffic signal preventative maintenance and repair services to extend the term one additional year.
BACKGROUND:
On July 1, 2017, the Town entered into a multi-year agreement with Bear Electrical Solutions, Inc. for the on-going traffic signal preventative maintenance and repair services of three Town traffic signals, two radar feedback signs, and as-needed electrical services at Town facilities for a not to exceed amount of $20,000 annually. The service agreement with Bear Electrical Solutions expires on June 30, 2023.
DISCUSSION:
Bear Electrical Solutions has provided responsive and satisfactory maintenance and repair services for the agreement term. Bear Electrical Solutions has maintained the same cost rates for the past six years without escalation. To continue services for one additional year, Bear Electrical Solutions proposes increasing the rates by ten percent per the fee schedule in the amendment for Fiscal Year (FY) 2023-24. The annual agreement limit for FY2023-24 would be maintained at $20,000. Although the amendment is only for $20,000, the total combined contract amount would increase from $120,000 to $140,000; therefore, the City Council approval is required per the Town’s Purchasing System Ordinance.
Staff is recommending that the City Council approve a one-year extension of the agreement with Bear Electrical Solutions to expire June 30, 2024. Staff will plan on issuing a request for proposals to hire the most qualified vendor for the traffic signal preventative maintenance and repair services before the end of FY2023-24.
Staff will be working with Bear Electrical Solutions and other vendors to improve traffic signal equipment to include battery backup system, replace the outdated controller units, and upgrade functionalities to be able to monitor signals remotely to bring signals to latest standards and AGENDA ITEM #4.T
W.K.
P.P.
Staff Report to the City Council Page 2
Amendment to Bear Electrical Solutions Agreement
May 17, 2023
minimize future maintenance. Installation of a battery backup system would be a priority for the traffic signals as staff experienced during the atmospheric river storm events with frequent electrical outages.
ENVIRONMENTAL REVIEW
Maintenance of existing traffic signals is defined under California Environmental Quality Act (CEQA) Section 15301(c) as Categorically Exempt.
2023 CITY COUNCIL WORK PLAN:
This action is not identified on the 2023 City Council Work Plan, but it supports the council priority to Protect and Maintain Infrastructure.
FISCAL IMPACT
The FY2023-24 costs for the traffic signal preventative maintenance and repair services would be funded through the Public Works operating budget.
ATTACHMENTS
1. Resolution
2. Amendment No. 1 to the Agreement
RESOLUTION NO. ___
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AN AMENDMENT NO. 1 TO THE AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS, INC. FOR TRAFFIC SIGNAL PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES TO EXTEND THE TERM ONE
ADDITIONAL YEAR
WHEREAS, on July 1, 2017, the Town entered into a multi-year agreement with Bear Electrical Solutions, Inc. for the on-going traffic signal preventative maintenance and repair services of three Town traffic signals, two radar feedback signs, and as-needed electrical services at Town facilities for a not to exceed amount of $20,000 per year; and WHEREAS, the service agreement with Bear Electrical Solutions expires on June 30, 2023; and
WHEREAS, Bear Electrical Solutions has provided responsive and satisfactory maintenance and repair services for the agreement term and maintained the same cost rates for the past six years without escalation; and
WHEREAS, to continue services for one additional year, Bear Electrical Solutions proposed increasing their rates by ten percent per the fee schedule for Fiscal Year 2023-24; and WHEREAS, the annual agreement limit for FY2023-24 would be maintained at $20,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills approve and authorize execution of Amendment No. 1 to the agreement with Bear Electrical Solutions for traffic signal preventative maintenance and repair services to extend the term one additional year and not to exceed $20,000.
The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 17th day of May 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Linda G. Swan, Mayor
ATTEST:
_____________________________
Deborah Padovan, City Clerk
Attachment 1
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
BEAR ELECTRICAL SOLUTIONS, INC.
THIS AMENDMENT NO. 1 TO THE SERVICES AGREEMENT is made at Los Altos Hills, California, as of May 17, 2023, by and between THE TOWN OF LOS ALTOS HILLS (“Town”), a municipal corporation, and BEAR ELECTRICAL SOLUTIONS, INC. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On July 1, 2017, Town and Contractor entered that certain Services Agreement (“Agreement”) whereby Contractor agreed to provide audit services to the Town. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. Town and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Town and Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary.
2. Extension of Contract Term. The term of services identified in Section 3 of the Agreement is hereby modified as follows: The Agreement shall be terminated with the completion of SCOPE OF WORK for the Town’s fiscal year ending June 30, 2024.
3. Compensation. The compensation specified in Section 4(a) of the Agreement is hereby modified as follows: In accordance with the fee rates updated in the attached Exhibit B - Fee Schedule for FY2023-24 to replace Exhibit B of the Agreement, and Town shall pay Contractor a not-to-exceed total amount of $20,000 for one year according to the fee schedule.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment.
This amendment shall become effective upon its approval and execution by the TOWN. In witness whereof, this Amendment has been executed as of the date set forth above. [SIGNATURES ON THE FOLLOWING PAGE]
CONTRACT COORDINATOR and CONTRACTOR:
representative for TOWN: BEAR ELECTRICAL SOLUTION,
INC.
WooJae Kim
Public Works Director
Town of Los Altos Hills
Los Altos Hills, CA 94022 By:
[Name, Title] Date
TOWN OF LOS ALTOS HILLS
By:
Peter Pirnejad, City Manager Date
Robert Asuncion (May 9, 2023 13:52 PDT) Page 372 of 476
CONSULTING SERVICES AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
BEAR ELECTRICAL SOLUTIONS
THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills Town") and Bear Electrical Solutions(" Contractor") ( together sometimes referred to as the" Parties") as of July 1, 2017 (the" Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to Town the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1. 1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the Town' s right to terminate the Agreement, as referenced in Section 8.
1. 2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.
1. 3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from Town of such desire of Town, reassign such person or persons.
1. 4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1. 1 above and to satisfy Contractor' s obligations hereunder.
1. 5 Public Works Requirements. Because the services described in Exhibit A include" work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work," the services constitute a public works within the definition of Section 1720( a)( 1) of the California Labor Code. As a result, Contractor is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C.
Section 2. COMPENSATION. Town hereby agrees to pay Contractor a sum not to exceed$ 20,000 annually, notwithstanding any contrary indications that may be contained in Contractor' s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor' s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Town shall pay Contractor for services rendered pursuant to Consulting Services Agreement between July 1, 2017
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this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from Town to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to Town in the manner specified herein. Except as specifically authorized by Town in writing, Contractor shall not bill Town for duplicate services performed by more than one person.
Contractor and Town acknowledge and agree that compensation paid by Town to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. Town therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2. 1
Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Sedal identifications of progress bills; i. e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At Town' s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
The Contractor' s signature;
Contractor shall give separate notice to the Town when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Contractor and Town. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and Town, if applicable.
2. 2 Monthly Payment. Town shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Town shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.
2. 3 Final Payment. Town shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to Town of a final invoice, if all services required have been satisfactorily performed.
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iso
2. 4 Total Payment. Town shall pay for the services to be rendered by Contractor pursuant to this Agreement. Town shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement.
Town shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2. 5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2. 6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $ 0. Expenses not listed below are not chargeable to Town. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2. 7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2. 8 Payment upon Termination. In the event that the Town or Contractor terminates this Agreement pursuant to Section 8, the Town shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2. 9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. Town shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
Town shall fumish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor' s use while consulting with Town employees and reviewing records and the information in possession of the Town. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of Town. In no event shall Town be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities.
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Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to Town of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the Town. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor' s bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4. 1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than $ 1, 000,000 per accident. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against the Town and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4. 2 Commercial General and Automobile Liability Insurance.
4. 2. 1 General requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $ 1, 000, 000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4. 2. 2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( most recent edition) covering comprehensive General Liability on an occurrence" basis. Automobile coverage shall be at least as broad as Insurance Consulting Services Agreement between July 1, 2017
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Services Office Automobile Liability form CA 0001, Code 1 ( any auto). No endorsement shall be attached limiting the coverage.
4. 2. 3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims- made basis.
b. Town, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor
c. For any claims related to this Agreement or the work hereunder, the Contractor' s insurance covered shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Contractor' s insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the Town.
4. 3 All Policies Requirements.
4. 3. 1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4. 3. 2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor shall furnish Town with complete copies of all policies delivered to Contractor by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the Town does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. The Town reserves the right to require complete copies of all required insurance policies at any time.
4. 3. 3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of Town for the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the Town, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee Consulting Services Agreement between July 1, 2017
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satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. 3. 4 Wasting Policies. No policy required by this Section 4 shall include a" wasting" policy limit( i. e. limit that is eroded by the cost of defense).
4. 3. 5 Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the contractor, its employees, agents, and subcontractors.
43.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4. 4 Remedies. In addition to any other remedies Town may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Town may, at its sole option exercise any of the following remedies, which are altematives to other remedies Town may have and are not the exclusive remedy for Contractor' s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/ or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR' S RESPONSIBILITIES. Contractor shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to Town, indemnify, and hold Town, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, (" Claims"). Contractor will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (" Liability"). Such obligations to defend, hold harmless and indemnify the Town shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the Town.
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With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type of express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a" construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
Section 6. STATUS OF CONTRACTOR.
6. 1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of Town. Town shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1. 3; however, otherwise Town shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Town, including but not limited to eligibility to enroll in the California Public Employees Retirement System PERS) as an employee of Town and entitlement to any contribution to be paid by Town for employer contributions and/ or employee contributions for PERS benefits.
6. 2 Contractor Not an Agent. Except as Town may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7. 1 Governing Law. The laws of the State of California shall govern this Agreement.
7. 2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the Califomia Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Contractor' s Failure to comply with any law( s) or regulation( s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7. 3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which Town is bound by the terms of such fiscal assistance program.
7. 4 Licenses and Permits. Contractor represents and warrants to Town that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, Consulting Services Agreement between July 1, 2017
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and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to Town that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Town.
7. 5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person' s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby.
Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8. 1 Termination. Town may cancel this Agreement at any time and without cause upon written notification to Contractor.
Contractor may cancel this Agreement upon 45 days' written notice to Town and shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; Town, however, may condition payment of such compensation upon Contractor delivering to Town any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or The Town in connection with this Agreement.
8. 2 Extension. Town may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1. 1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if Town grants such an extension, Town shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.
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8. 3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8. 4 Assignment and Subcontracting. Town and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor' s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to Town for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8. 5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Town and Contractor shall survive the termination of this Agreement.
8. 6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, Town' s remedies shall include, but not be limited to, the following:
8. 6. 1 Immediately terminate the Agreement;
8. 6. 2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
8. 6. 3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or
8. 6. 4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Town would have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9. 1 Records Created as Part of Contractors Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Town. Contractor hereby agrees to deliver those documents to the Town upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Town and are not necessarily suitable for any future or other use. Town and Contractor agree that, until final approval by Town, all data, plans, specifications, reports and other documents are Consulting Services Agreement between July 1, 2017
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confidential and will not be released to third parties without prior written consent of both parties.
9. 2 Contractor' s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.
9. 3 Inspection and Audit of Records. Any records or documents that Section 9. 2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/ or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds$ 10,000. 00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10. 1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. 2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in The state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California.
10. 3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10. 5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10. 6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
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10. 7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of Town or whose business, regardless of location, would place Contractor in a" conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any Town official in the work performed pursuant to this Agreement. No officer or employee of Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the Town. If Contractor was an employee, agent, appointee, or official of the Town in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code§ 1090 et seq., the entire Agreement is void and Contractor will not be enfi0ed to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the Town for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code§ 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10. 8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Public Works Director/ City Engineer(" Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10. 10 Notices. Any written notice to Contractor shall be sent to:
Bear Electrical Solutions
Contract Administrator
PO Box 924
Alviso, CA 95002- 0924
Any written notice to Town shall be sent to:
Town of Los Altos Hills
Attn: Allen Chen, Public Works Director/City Engineer
26379 Fremont Road
Los Altos Hills, CA 94022
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/ sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled Consulting Services Agreement between July 1, 2017
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Seal and Signature of Registered Professional with report/ design responsibility," as in the following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10. 12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B represents the entire and integrated agreement between Town and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Public Works Requirements
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
TOWN OF LOS ALTOSHILLSCONTRACTOR- Bear Electrical Solutions Thotar
Cad Cahill, own Manager Print Name, Title
Attest:
0 Deborah Padovan, Town Clerk
Approved as to Form:
Sty Steven T. Ma s, Town Attorney
1071914. 1
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EXHIBIT A
SCOPE OF SERVICES
kQpe of Work
The Traffic Signal Preventive Maintenance and Repair Services involve on-going and regular field preventive maintenance and repair of traffic signals, safety lights, and other related equipment by a licensed electrical contractor with properly trained, experienced and qualified personnel. This includes three ( 3) traffic signals and two ( 2) radar feedback speed sign which are listed in Attachment A and B. In addition, the Town may request the contractor to perform as needed electrical services at Town' s facilities. The Contractor shall also perform Underground Service Alerts( USA) at the direction of the Town.
The contract( s) which may result from this Request for Proposals will include, but not be limited to, the following provisions:
A. Traffic- Sipoal
Routine preventive maintenance and repair services for three( 3) traffic signals.
Monthly preventive maintenance of all traffic signals.
Repair and replacement of any traffic signal control devices, as requested.
Regular submission ( monthly) to the Town of accurate activity records and reports of any and all work and service calls related to the Town' s traffic signals.
The Contractor shall furnish temporary replacement traffic signal controllers, preemption units, traffic signal communications and monitoring equipment, detector amplifiers, conflict monitors, video detection systems, power supplies; as well as various other standard traffic signal equipment. Contractor furnished temporary spares shall be identical to the component being replaced in manufacture, make and model. The Contractor shall deviate from this requirement only upon written advance approval from the Town. The Contractor shall provide the temporary equipment at no additional charge to the Town whenever the original units are removed for repair or servicing.
The monthly maintenance service shall be performed within the same week of every month for each intersection. Between any two monthly maintenance services shall not be closer than three weeks for each intersection. The Contractor shall notify Town staff of the scheduled date for preventive maintenance service at least one week prior to performing the service.
Response to all service requests including damage to traffic signals as result of vehicular accidents.
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Provide and maintain emergency service response on twenty-four( 24) hours a day, seven ( 7) days per week basis( 24/ 7), including all holidays. Contractor shall provide the Town with a contact name and phone number of personnel responsible for 24)7 services. Contractor shall response emergency requests within two ( 2) hours.
Emergency work may include, but not limited to downed signal poles, damaged controller, signal on flash, signal blackout, etc.
B. Radar Speed Feedback Signs
Monthly inspection, cleaning, and report to ensure the proper function.
Programming of the signs upon request.
C. Underground Serviceplert( USA) Services
The Contractor shall provide Underground Service Alert ( USA) services within one working day of receiving notification for any location where Town traffic signal equipment, street lights, radar speed feedback signs, and other related equipment is in a marked dig site. USA services include the marking of all electrical components in Town streets per the latest USA of Northern California and Nevada and Common Ground Alliance guidelines. The Contractor will be required to adequately mark facilities on behalf of the Town in accordance with the California Government Code Section 4216 et seq. The Town' s designated representative will monitor notifications submitted by USA to the Town, and will furnish applicable notifications via email to an identified representative of the Contractor to coordinate locating and marking. The Contractor shall assume all liability for satisfying the Town' s obligations to adequately identify underground structures in accordance with this law.
Detailed Project Specifications
A. Traffic Signal Scheduled Maintenance
Contractor shall perform the following, routine Monthly Preventative Maintenance and corrective work every month and submit a report that shall include all of the following elements.
Monthly Preventative Maintenance
1. Controller Cabinet
Test and Check ground fault receptacle( s).
Observe the general appearance of the cabinet noting any rust or other signs of deterioration and complete/ recommend repair work if needed.
Inspect door gasket condition and replace if necessary.
Inspect door lock operation and replace if necessary; operate and inspect ventilation fan and cabinet light( where applicable).
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Inspect for pests in cabinet and take corrective action if needed.
Visually inspect all relays, photocells cabinet locks, cabinet fans, switches and make routine adjustments and repairs as necessary.
Move the fan thermostat setting and determine if fan is operable; return thermostat to proper setting.
Measure voltage level at service entrance in cabinet and record and vacuum and clean controller cabinet and contents.
Replace cabinet air filter as needed.
2. Signal Controller
Visually inspect signal controller and controller cabinet components for proper operation and recommend repairs/ replacements as necessary.
Check timing of individual signal phases. Contractor shall notify the Town immediately of any operational issue. The contractor shall not make any timing changes unless it is a matter of public safety or is needed for the proper operation of the traffic signal.
Check operation of load switches, relays, isolators, internal modems, conflict monitors and red flash modules.
Check operation of current controller and field master controller.
3. Signal& Pedestrian Heads
Visually inspect all vehicular signals for proper operation and replace outages.
Replace all burnt out or flickering indications with LED indications Walk intersection and visually inspect all signal heads including backplates, visors and indications for proper operation and alignment. Replace all broken parts, align signal heads and adjust all mast arm signs as necessary
Check that all pedestrian signals are in good condition and aimed properly. Make adjustments as necessary.
Inspect, adjust, and repair all mast arm mounted illuminated street name signs and components.
4. Pedestrian Push Button
Actuate each button for proper operation. Visually inspect and note condition.
Replace or repair any broken or defective pedestrian push buttons. All new pedestrian push buttons shall be Polara_Brand Bulldog BDI M2 buttons in dark green.
Check all audible and tactile pedestrian signal are in good condition, properly positioned ( where applicable), and sounds settings are functioning properly and make repairs as needed.
5. Miscellaneous
Visually inspect other signal hardware
Report all deficiencies
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Check all signal, pedestrian indication brackets, framework, and terminal compartments for rust, cracks, and missing parts.
Inspect base of pole near concrete foundations for cracks and loose pole base nuts.
Inspect poles for missing and loose band hole covers.
Inspect and tighten all traffic signal mast arm signal heads as required.
Check condition of detector loop wires.
Inspect and repair safety light and all its components ( photocells, fixtures, ballast, etc.) as necessary. Perform night check or equivalent by covering the photocell.
6. Battery Back-up Unit( if applicable)
Test and Check ground fault receptacle.
Observe the general condition of the cabinet, noting any rust or other signs of deterioration.
Inspect door gasket.
Inspect door lock operation, repair if necessary.
Operate and inspect ventilation fan and thermostat.
Visually inspect UPS controller system, bypass switch, batteries, fan and thermostat.
7. Conflict Monitor
Test the operation of the conflict monitor and submit report on July of each successive contract year for each signalized intersection with a Town approved testing device specifically designed for that purpose.
B. Radar Speed Feedback Signs Scheduled Maintenance
Monthly inspection, cleaning, and report to ensure the proper function.
Programming of the radar speed feedback signs upon request.
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BEAR ELECTRICAL SOLUTIONS
Proposal for Traffic Signal
Maintenance and Repair
Services
FI\ A 11 ' IIPR
LOS ALTOS
CALIFORNIA HILLS
YOUR ENGAGEMENT TEAM
Brent Paulson Robert Asuncion, TE
Sandra Wagness Andrew Bader
OS ALTOS HILLS
4 11.
kalli
February 19, 217
Town of Los Altos Hills BES vs.
Public Works Department BEAR ELECTRICAL SOLUTIONS
Attn: Ms. Tina Tseng, PE— Senior Engineer
26379 Fremont Road
Los Altos Hills, CA 94022
Dear Ms. Tseng, PE:
Bear Electrical Solutions, Inc. is proud to have the opportunity to propose Traffic Signal Maintenance and Repair Services for the Town of Los Altos Hills ( the Town). We are pleased to submit our proposal, which details our philosophy and services, and conveys our commitment to, and enthusiasm for, working with the Town. We have prepared our proposal to respond to the guidelines set forth in your RFP.
WE EXIST PURELY TO PROVIDE MAINTENANCE SERVICE WITH THE CORE VALUES OF:
Building strong relationships Innovation and curiosity Remaining nimble and agile to with our customers and team to make things better respond to customer' s needs.
At Bear Electrical Solutions, we believe the key to a successful on- call traffic signal maintenance contract is to provide a human approach to service and to be the best in the maintenance business. We do this by providing a " OneTeam" approach which includes employing experienced electricians, striving for innovative and transparent reporting, and above all top-notch customer service.
Our team is fully ready to support your Town in terms of labor, equipment, and material for any emergency work on a long-term basis.
We have built our business around customers such as Los Altos Hills where our team is virtually an " extension of Town staff."
Our testament is our current customer base of 47 public agencies statewide.
Our company information is as follows:
Mailing address: Project Contactlsl: Brent Paulson, Field Manager& PO Box 924 Robert Asuncion, Project Manager
Alviso, CA 95002- 0924 Email Address( s): Brent@Bear- FlectricaLcom Company Main Phone: 408- 449- 5178 RnherL Bear- Electrical_coin Company Fax: 408- 449- 5147
We look forward to working with the Town.
Sincerely,
Mike Peters Andrew Bader Robert Asuncion, TE
TABLE OF CONTENTS A401
Content Page #
Information / Background on the Proposer and Firm 2
Past Experience / References 3
Key Personnel / Qualifications 4
Understanding of Scope of Work 5- 9
Summary 10
Proposed Cost Schedule ( Attachment C) ATTACHED ( 2
PAGES)
BEAR ELECTRICAL SOLUTIONS -----
INFORMATION i BACKGROUND ON THE PROPOSER AND FIRM
Bear Electrical Solutions, Inc.( BES) is a California licensed(# 928079) Class A, C- 30,& C- 31 electrical contractor specializing in repair, maintenance, and installation of intelligent transportation systems. BES was founded in 2013 by Michael Peters, Andrew Bader, and Robert Asuncion to deliver the best traffic signal and streetlight maintenance service possible to California. Having worked on both the public and private sector side of this niche industry for over 15 years, Robert Asuncion saw the need for an innovative and responsive company to step up and serve. To complement his core strengths, he teamed up with Michael Peters, who had 25+ years construction operations experience and Andrew Bader, who had 15+ years finance experience to form a well- rounded executive team.
Like the GREAT BEAR on our California flag, our buss: iess was huilt on a foundation of strength and solidarity with the core mission of_ Helping cities and communities design, build, and maintain intelligent transportation systems to save people time and money, increase their safety, and enhance ow local environment" Organization and Personnel
BES draws on a staff of 37 that includes: ( 1) professional licensed traffic engineer, (21) electricians, ( 2) warehouse persons, 3) project managers, ( 4) laborers, and( 6) office staff. The BES fleet includes several 42-feet reach bucket trucks, ( 1) 100-ft reach crane, pick- up and dump trucks as well as Bobcats, compressors, and traffic control safety equipment. Our company has( 4) service areas— San Francisco Bay Area, Sacramento, Anaheim, and San Diego.
Base Operation Bear Electrical Solutions' SF Bay Area field office is located at 1341 Archer St, Alviso, CA located between Hwy 237 and Hwy 880— approximately 12 miles or 23 minutes Location &
away from Los Altos Hills Town Hall. Our field office is comprised of a 3, 000 square Responsiveness foot enclosed warehouse and 1, 000 square foot office. Our enclosed warehouse is stocked with all essential street lighting, traffic signal, underground conduit material supplies as well as our cabinet testing lab station. We are capable of receiving and warehousing Town- owned assets.
Field staff assigned to respond to Los Altos Hills during emergency responses and their home locations are as IIIBrent Paulson— Key Electrician—( IMSA Level III)— Union City, CA— 30 minutes to Los Altos Hills Mario Deras— SL Technician ( IMSA Level I- pending)— Fremont, CA— 35 minutes to Los Altos Hills Marcus Mougeot—Electrician ( IMSA Level I- pending)—Martinez, CA— 60 minutes to Los Altos Hills flWill Spencer— Electrician( IMSA Level II- pending)— Morgan Hill, CA— 40 minutes to Los Altos Hills James King— Electrician( IMSA Level III)— Prunedale, CA— 70 minutes to Los Altos Hills fllames Mike Young- Fiber Optic Specialist— Elk Grove, CA- 120 minutes to Los Altos Hills BEAR ELECTRICAL SOLUTIONS -----:: 2
PAST EXPERIENCE REFERENCES Air
BES is defined by its people— honest, experienced, forward-thinking, professional, and hard-working. BES team members form collaborative relationships with agencies, developers, design teams, subcontractors and others to assist in delivering the most efficient, desirable, and economical solutions for the Town. BES' business philosophy is dedicated to trusting relationships, excellent customer service, workmanship that has enduring character and meeting or exceeding customer expectations every time.
The company currently has 47 public agencies under contract statewide and perform additional installation and repair services for other utility contractors. We can provide a full list of references upon request but have selected the following agencies that are of similar size and scope to the Town of Los Altos Hills to demonstrate our experience:
City of Elk Grove, 154 intersections, John Pumphrey, Operations and Maintenance Manager, (916) 687-3064 City of Citrus Heights, 65 intersections, Leslie Blomquist, Traffic and Signal Ops Supervisor, ( 916) 727- 4770 City of Manteca, 51 intersections, John Clymo, Deputy Director Public Works, ( 209) 456- 8425 City of Concord, 70 intersections, Todd Wilson, Signal Maintenance Superintendent, (925) 671- 3104 San Joaquin County, 43 intersections, Firoz Vohra, County Traffic Engineer, ( 209) 468- 3035 El Dorado County, 46 intersections, Don Spear, Deputy Director of Maintenance, ( 560) 621- 5900 City of Fremont, 165 intersections, Sheila Marquises, Senior Trans. Engineer, (510) 494- 4749 City of Dixon, 11 intersections, Josh Hudson, Senior Maintenance Manager,( 707) 678- 7051 Bear provides this city with the best customer service we have received from an electrical contractor in the 9+ years I have been here. I see it in the interactions with the crew, but more importantly from the satisfied citizens that can' t believe the turnaround time and service they get..." Josh Hudson, City of Dixon In the past four years, our vision has come to fruition and we are recognized as the leading traffic signal and streetlight maintenance provider in Northern California and the emerging provider in Southern California. What separates us from the rest of the pack is our Capabilities, Communication, and Compassion.
CAPABILITIES COMMUNICATION
The founders of BES were not the only We are an extension of the cities we serve and their goals and needs are our people who knew the industry needed goals and needs. The only way we can deliver timely, proactive, and a fresh entrepreneurial spirited responsive service is through open communication and teamwork. We have company. Upon forming the company, developed and customized the most innovative technology system in the the best traffic signal and streetlight business to facilitate efficient communication and be in sync with our maintenance technicians in the customers every step of the way. business joined our team with a shared
vision of building a pure maintenance COMPASSION
service company. We have assembled
an all- star group of people who are not Our success is measured by the quality of our service and the happiness of only the best at what they do, but also our people. We are able to achieve this by listening to the customer and the best at who they are as people, putting ourselves in their shoes every chance we can get.
BEAR ELECTRICAL SOLUTIONS ---- ,, .;«- 3
KEY PERSONNEL QUALIFICATIONS t ti
Personnel Experience
Years of Service in Traffic Signal& Streetlight Industry: 17 Years Certifications: IMSA level III Certified Specialty:
S. ;
tip
IMSA Work Zone Safety Certified Field and Project
illI
tens Certified Technician& Management
Installer Experienced in the
NEC/ DIR Licensed maintenance business
SEW Member for over 17 years.
OSHA CERTIFIED
C- 10 RME
James King— Field Manager, Electrician Prunedole East Bay Region Years of Service in Traffic Signal& Years of Service in Traffic Signal& ft
Streetlight Industry: 7 Years Streetlight Industry: S Years i!
Certifications:
IMSA Level III Certifications: IMSA Field Level l- pending IMSA Work Zone Safety Certified IMSA Work Zone Safety
NEC Licensed, OSHA Certified
Naztec& Actelis Factory- trained Specialty: 170/ 2070 Controllers, Utility locating t`
Specialty: Proficient in both NEMA and traffic signal and streetlight 170 platforms. maintenance
Inside wireman
Brent Paulson, Field Manager Rey Electrician for Los Altos Hills Marcus Meugeat, Electrician Martinez East Bay Region Years of Service in Traffic Signal& Years of Service in Traffic Signal& 1 Streetlight Industry: 9 Years Streetlight Industry: 2. 5 Years IMSA Levelll- pending u: Certifications: IMSALevell pending Certifications: IMSA Work Zone Safety Certified IMSA Work Zone Safety Certified t
y OSHA Certified ak
at4 • Nartec& Actelis Factory- trained
i
Knowledgeable In maintenance and
Specialty: 170/ 2070 Controllers
streetlight upgrades
ITS gear
Will Spencer, Electrician Morgan Kill S Region Mario Peres, Streetlight Tech Fremont East Boy Region Years of Service in Traffic Signal& Streetlight Industry:
12 Years( Private Sector)& 6 Years( Public Sector)
aaW Certifications Professional Engineer License in Specialty:
Licenses: Traffic Engineering— TRJI 2156 Traffic Engineeringn,, t yy IMSA Level III Field Electrician Signal Operations, Signal IMSA Level II Bench Electrician Coordination and Design California Contractor License
LA Class A— No. 982079
Robert Asuncion— Traffic Engineer/ Project Manager for Los Altos Hills San Jose Statewide Fiber Optic work is performed by sub- contractor: Owner/ Operator — James Michael Young- Intelecom & Fiber, Inc.
BEAR ELECTRICAL SOLUTIONS ----- . .. , 4
UNDERSTANDING OF SCOPE OF WORK
I
Innovative Approach to Traffic Signal Maintenance
One of the company' s core values is to provide innovative solutions to making things better not only from a practical perspective but also from a philosophical perspective.
For the Town of Los Altos Hills, we propose to carry the" extension of Town staff" theme to a deeper level.
Our regular work time and overtime hours will coincide with Town hours- As the typical industry trade hours are usually different from Town hours, we have listened to many of our customer requests and have adjusted our work hours to mirror Town work hours.
Professional engineering consulting and quality control oversight. BES Principal Robert Asuncion is a licensed professional traffic engineer specialized in signal operations, design, and timing. BES will provide engineering support for nominal fee for minor traffic signal operational issues and also for traffic signal grant application work.
Work Smarter, Not Harder." BES will be operating and sharing with the Town the company' s service tracking tool called the STAR system. Town of Los Altos Hills will be trained and given an online portal to access service work orders as well as reporting and analysis capabilities to help with budget tracking and forecasting.
BES will always have a minimum of three electricians on- call from the Town of Los Altos Hills at any given time.
Service Tracking And Reporting ( STAR) System
Since our company exists purely to provide innovative and responsive traffic signal and streetlight maintenance service, we knew we had to leverage technology to deliver on our promises. The STAR system is fundamental to our work plan and is everpresent in all our business processes enabling efficiencies and real time communication.
Our STAR system is the guiding force for our approach to service. It provides a real-time interface for our customers and our team to submit, capture data, and close out work order incidents. It also provides access to all of your important infrastructure information such as • installed assets, locations, and " stock" inventory BES has on- hand. Because we capture this data real time and in a centralized organized fashion, the opportunities for reporting and analysis are endless. Not only does it make both our lives easier, but the data we capture tells a story that enables you to make smarter decisions in how you manage your Town.
In developing our STAR System, we took the best cloud based, customer relationship and service management technologies— Salesforce, Servicemax, and Geopointe— and customized a tailor made solution for our customers. The STAR system allows us to provide:
Efficient real time communication to you via your own online portal Efficient dispatch and routing for techs— saves you time and money because we work smart One centralized place for all your data— assets, locations, and our stock inventory Smart reports and analysis to drive better decisions on how to maintain your infrastructure BEAR ELECTRICAL SOLUTIONS ----® Vi '.. 5
UNDERSTANDING OF SCOPE OF WORK ( CONTINUED) Mies
Our Approach to Service for this Contract
System Setup and Customization
Our initial step to our work approach is to" Setup and Customize" our STAR System( our Electronic Records Management system) to effectively communicate contract work requirements. This step involves uploading customer asset information such as intersection names, facility types, and asset information including equipment brands, model no., etc. on a per location basis. Additional information included is a list of Town personnel authorized to issue work requests. Contract rates and custom pay items are entered into the system as well. Moreover, we enter any customer requested details for each location to make it easier for the customer to manage the data per site.
One of the key benefits to our STAR system is the degree to which it is customizable to each customer. Understanding your requirements as well as exploring some benefits you may not have even considered is critical to this process.
During this step, we also input our company information in terms of office location and technicians who will be specifically assigned to your Town. We envision this phase of the work plan to consist of one face to face meeting to define the details and then one week to implement the core system details.
Routine Maintenance Processes
The work to be performed per the Town' s RFP is entered into our system and the frequency of work is defined whether a daytime or night time routine. This allows us to communicate both to the Town and our employees what tasks and expectations are to be performed for that given location on a work order basis.
Work orders are created per location a few days preceding the start of the month. As work orders are performed by our technicians, anyone logged into our system can view the status of each work order. It is our intent to also upload each of the required Los Altos Hills Items ( per RFP " Traffic Signal Scheduled Maintenance" and " Radar Speed Feedback Signs Scheduled Maintenance) for each location per each work order as it is completed.
When all routine work orders are completed, we can automate the email of reports to the Town or print reports out to be mailed along with the invoice. Our system reporting is highly customizable and is geared to provide" smart" data that can be used for business analysis.
Response Maintenance Processes
Our system allows for the Town to communicate work requests either via phone, email, case creation through your website portal, or fax. Our in- house dispatcher logs all incoming work requests into our system and then communicates the work request to the Field Supervisor who then delegates this work order to the appropriate technician( s).
A dedicated phone number of 1- 800- GO BEAR1( 1- 800- 462-3271) is available 24/ 7/ 365 for all call Inquiries.
As each work order is entered into our system by our staff, an email receipt can be generated to show proof of acknowledgement real time.
Since each of our technicians are equipped with their own bucket truck stocked with the common traffic signal and street lighting commodities, our technicians are able to respond to unscheduled work requests within( 1) hour during normal business hours and ( 2) hours during non- business hours.
For knockdown type response calls, it will be our intent to perform permanent repairs immediately during the initial response period. If the conditions are such that additional work is needed ( i. e. new foundation work or oversized pole), we will ensure a safe, compliant temporary condition is left at the site. A proposal will then be drafted for Town approval for permanent repairs. Immediate phone call reporting knockdowns or any major response work will be communicated to the Town real- time and email documentation and cost budgets will be communicated as it is feasible so there will be no surprises in costs.
BEAR ELECTRICAL SOLUTIONS ----- `:- 6
UNDERSTANDING Of SCOPE OF WORK ( CONTINUED) L tI
Equipment Testing, Inspection, and Repair
BES is a product neutral company and is not affiliated with any specific manufacturer. Our team are experts in traffic signal and streetlight maintenance and as such we have become familiar and well versed with all older and newer traffic signal and streetlight technologies.
Being dedicated solely to the maintenance business, we are afforded the ability to seek and gain proper training and certification to implement, install, and troubleshoot various technologies without any bias. Manufacturers such as Econolite, Trafficware- Naztec, Fortel Traffic, Iteris, Western Systems, Carmanah, etc. proactively provide our electricians and staff proper training and technical support. With this, we are able to pass down and offer the same support to cities such as Los Altos Hills.
We become an " extension of staff' for these ITS manufacturers. With this, we are able to repair your components in an expedient and" unbiased" manner and provide letters of certifications, discrepancy lists, cabinet reports and testing checklists.
BES is currently the third- party cabinet and controller tester and turn- on support for cities such as:
Fremont
Losros
R
re
Newark
Contra Costa County
Elk Grove
AdA
San
County SERVICES, INC.
And private companies such as: I •
JAM Services
Western Systems F"- 511
Cal Signal Corp
Mc Cain
cal signal corp
ECONOLITE
We self-perform all our testing at our lab in Alviso, CA and our lab is operated by our IMSA Level III Bench Electrician, James W
y$tems
We use the latest ATSI testing devices to test conflict a
monitors, components, and cabinets.
l,f.,••• y
We have excellent relationships with all the manufacturers and have a process in working with each respective T
manufacturer for any warranty or technical support 6lgmee, nd t4° Naztee With our traffic signal equipment testing and inspection capabilities and experience, BES is currently project sponsor to Prospect Silicon Valley. For Prospect Silicon Valley, we Ai PROSPECT have built this organization a working laboratory to test and Silicon Valley operate all the latest" connected vehicle" technologies. more information on Prospect Silicon Valley can be found at http:// prospectsv. org/ sponsors- and- partners/)
BEAR ELECTRICAL SOLUTIONS -- ina 2
7
UNDERSTANDING OF SCOPE OF WORK ( CONTINUED) t4 '
Detector Loop Testing & Utility Locating
All our traffic signal electricians are skilled and able to perform standard detector loop testing as well as" mark& locate" capabilities. We use industry standard meggers and line locators to provide integrity testing and physical locating.
We provide semi- annual loop testing for several of our clients such as Elk Grove and Fremont where we provide full citywide detector lead- in cable and actual loop integrity testing and reporting. With our reporting, we are able to identify and recommend failures or forecast potential issues in the future.
We are experts in this and can provide the Town with expert advice and recommended best practices to have the longest and best life for your loops.
Our electricians are also experts in utility line locating and are equipped to" mark& locate" your utilities such as traffic signal, streetlighting, conduits, and fiber optics.
Y117 11
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irnisia:
tl- - 1 %;: - '
C.
Fiber Optics
Through our partnership with Mike Young, Owner and Operator of Intelecom and Fiber, Inc., BES is able to provide emergency fiber optic services. Through our collaborative efforts our company is able to provide:
OTDR testing
Troubleshooting and Repair- Mechanical and Fusion Splicing( Section Throw) stiliPail System Expansion, Migration, and Re- distribution A few of our customers who currently utilize our fiber optic services are:
Citrus Heights
Fremont
Watsonville
Santa Clara
Traffic Engineering & Expert Witness Services
One of the founding owners of BES is Robert Asuncion and he is California Licensed Traffic Engineer( TR# 2156). As an owner and licensed engineer, Robert provides signal timing review and development services for both basic and advanced isolated, coordinated, pre- empt) timing. BES also teams up with Traffic Pattern' s owner, Jaime Rodriguez on larger traffic engineering consulting projects such as ITS design and major timing projects. ( www.TrafficPatterns.net) Regarding expert witness services, BES can provide certification or audit services relating to red light camera enforcement practices or safety timing. BES provides these services regularly for City of Capitola Police Department, Elk Grove, and Carlsbad.
BEAR ELECTRICAL SOLUTIONS -----'. + 8
UNDERSTANDING OF SCOPE OF WORK ( CONTINUED) LE 1
Accidental Damage Repair
BES are experts in providing accidental damage repair ( emergency response) services to our customers. With traffic engineers, electricians, and laborers on- staff and ready— not to mention that we are a small, nimble company— we have the stock equipment, labor and equipment resources to respond quickly and safely to any traffic signal or streetlight knockdown and get the situation to a safe condition.
We have excellent business relationships with all the major traffic signal and streetlight suppliers — most of which keep regular items in stock specifically for our company— that we typically have the best lead times for most traffic signal and streetlight materials.
Also with the fact that our company has ( 4) stocked warehouses throughout California to pull from— we typically have all the materials you need for a knockdown already in stock.
Training
At BES, we value all aspects of training—whether it is safety, component or system, or just in- house management training we invest in our personnel as well with our customers in providing excellent training.
We typically teach our customers proper field design, programming of controllers or other ITS devices, traffic signal systems, traffic signal timing on a regular basis.
For the Town of Los Altos Hills, we can provide basic training for free. For larger scale training exercises, we would ask for a small compensation to cover miscellaneous expenses such as training material or travel expenses. t a ¢'
O
Joint Bear Electrical Services& Western Pacific System Training Session for our customer— City of Citrus Heights( Dec 2015) BEAR ELECTRICAL SOLUTIONS -----' ,_` ° ` q
SUMMARY L`
Bear Electrical Solutions, Inc. meets all the minimum qualifications and is highly qualified to provide on- call traffic signal and streetlight maintenance and emergency response for the Town of Los Altos Hills.
BES' staffs previous working knowledge of Los Altos Hills' s roadway network, traffic signal system, radar speed feedback signs, as well engineering staff provides an easier transition and immediate positive result. ( We have worked with Richard Chiu in the past as well as working with Allen Chen when he worked for the City of Fremont.) BES also has a positive working relationship with neighboring agencies such Los Altos, Mountain View, and Menlo Park.
BES' core values of Capabilities, Communication, and Compassion matches well with Town of Los Altos Hills whereas our company can provide:
Capabilities— our experienced field staff during any emergency or request by Town; Communication— we value communication and have built processes and systems to address this; Compassion— we understand the success of this project can only be achieved by how well we service the Town of Los Altos Hills and how well our service is perceived by the constituents of Los Altos Hills.
BES is solely in the traffic signal and streetlight maintenance business— not a construction company or not a division of a product company.
Though our company has been established for four( 4) years—our combined personnel experience in the maintenance industry is over 150 years old.
We are still considered a small company which allows us to be quick and nimble— critical in the traffic signal and streetlight business. But strong enough to have a service area of the entire state of California and proudly service 47 agencies.
We would be honored to have the opportunity to show our value to the Town of Los Altos Hills.
NOTE: We take NO EXCEPTIONS to the Town agreement and we fully comply with all the stipulations and requirements of the RFP.
BEAR ELECTRICAL SOLUTIONS ---- allir. to
V
EXHIBIT B
COMPENSATION SCHEDULE
Attachment A List of Signalized Intersections
Major Street Cross Street
r El Monte Rd Voorhees Dr/ St. Nicholas School Dwy
2 EI Monte Rd Stonebrook Dr
3 El Monte Rd Foothill College Entrance
Attachment B List of Radar Speed Feedback Signs
Street Location
I Fremont Rd( Eastbound) West of Gardner Bulls Elementary School z Fremont Rd( Westbound) East of Gardner Bulls Elementary School Attachment C Cost Proposal( Must be submitted with proposal) r. Flat Rate Routine Maintenance Schedule
Work Description Quantity Unit Unit Price Total
Monthly
A Regular Routine 3
Per
Maintenance for Traffic Intersection)
5125 oo $ 375. 00
Signal System Per Month
B Regular Routine 2 Per Sign)
Maintenance for Radar Per Month $ 75. 00 150. 00
Speed Feedback Sign
Total Contract Cost per Month $ 525. 00
a. Underground Service Alert( USA) Locating and Marking Flat Rate Per Ticket Rates
150. 00
Per Ticket
S. Scheduled Repair Services
Description Unit Price
i Replace Type A Loop( i to 4
loops) 800. 00 per loop
2 Replace Type A Loop( 5
or more loops) 750. 00 Per loop
3 Replace Type D Loop(+ to 4
loops) 900. 00 Per loop
4 Replace Type D Loop( 5
or more loops) 850. 00 Per loop
5 Vehicle LED Face Replacement 120. 00 Per Face
6 Pedestrian LED Face Replacement( Countdown Display) 325. 00 Per Face Consulting Services Agreement between July 1, 2017
Town of Los Altos Hills and Bear Electrical Solutions Exhibit B- Page 1 of 2
V S
7 Pedestrian Push Button Replacement( Polara Bulldog BDLM2 5 225. 0o Per Dark Green) Button
Special Note: The unit price for the Scheduled Repaired Services represents total compensation for all labor, material, equipment, and vehicles necessary to complete the corresponding task. For any work not listed on the Scheduled Repair Services, the Con tractor shall submit a cost proposal to the Town prior to performing the work.
4. Service Response and Emergency Response Services
List personnel and labor cost to perform non- routine Maintenance Work lob Title( Complete by Contractor) Straight Time 5/ Hour Overtime 5/ Hour Electrician
140. 00 230. 00
Laborer 80. 00 110. 00
Traffic Engineer 175. 00 225. 00
5. Equipment Rate for non-routine Maintenance Work
Equipment Category Rate 5/ Hour
Bucket Truck 30. 00
Crane Truck 250. 00
Dump Truck 30. 00
6. Material Mark-Up
Material Mark- up will not exceed
15 % of supplier' s invoice price ( cost) that will
be furnished to the Town in any cost proposal for emergency response work.
Consulting Services Agreement between July 1, 2017
Town of Los Altos Hills and Bear Electrical Solutions Exhibit B- Page 2 of 2
V
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one- and- one- half times the basic rate of pay.
C. The Contractor and its subcontractors shall forfeit as a penalty to the Town $ 25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the Town has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the Town Public Works Office and shall be made available on request. The Contractor and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
B. In accordance with Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty of up to$ 50 per day for each worker engaged in the performance of the services described in Exhibit A that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of Consulting Services Agreement between July 1, 2017
Town of Los Altos Hills and Bear Electrical Solutions Exhibit C- Page 1 of 3
41-111 11110
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their obligations under the California Labor Code. The Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements:
1. The contract executed between the Contractor and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777. 5, 1813, and 1815.
2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor' s certified payroll records.
3. Upon becoming aware of a subcontractor' s failure to pay the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with Califomia Labor Code Section 1776, the Contractor and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each joumeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer' s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Consulting Services Agreement between July 1, 2017
Town of Los Altos Hills and Bear Electrical Solutions Exhibit C- Page 2 of 3
Li V
Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777. 5, the Contractor, on behalf of the Contractor and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777. 5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation ( except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
Consulting Services Agreement between July 1, 2017
Town of Los Altos Hills and Bear Electrical Solutions Exhibit C- Page 3 of 3
1 | P a g e
Attachment A List of Signalized Intersections
Major Street Cross Street
1 El Monte Rd Voorhees Dr/St. Nicholas School Dwy
2 El Monte Rd Stonebrook Dr
3 El Monte Rd Foothill College Entrance
Attachment B List of Radar Speed Feedback Signs
Street Location
1 Fremont Rd (Eastbound) West of Gardner Bulls Elementary School 2 Fremont Rd (Westbound) East of Gardner Bulls Elementary School Attachment C Cost Proposal (Must be submitted with proposal)
1. Flat Rate Routine Maintenance Schedule
Work Description Quantity Unit Unit Price Total
Monthly
A Regular Routine
Maintenance for Traffic
Signal System
3 Per
Intersection/
Per Month
B Regular Routine
Maintenance for Radar
Speed Feedback Sign
2 Per Sign/
Per Month
Total Contract Cost per Month
2. Underground Service Alert (USA) Locating and Marking Flat Rate Per Ticket Rates Per Ticket
3. Scheduled Repair Services
Description Unit Price
1 Replace Type A Loop (1 to 4 loops) $ Per loop
2 Replace Type A Loop (5 or more loops) $ Per loop
3 Replace Type D Loop (1 to 4 loops) $ Per loop
4 Replace Type D Loop (5 or more loops) $ Per loop
5 Vehicle LED Face Replacement $ Per Face
6 Pedestrian LED Face Replacement (Countdown Display) $ Per Face
1 | P a g e
7 Pedestrian Push Button Replacement (Polara Bulldog BDLM2 Dark Green)
$ Per
Button
Special Note: The unit price for the Scheduled Repaired Services represents total compensation for all labor, material, equipment, and vehicles necessary to complete the corresponding task. For any work not listed on the Scheduled Repair Services, the Con tractor shall submit a cost proposal to the Town prior to performing the work.
4. Service Response and Emergency Response Services
- List personnel and labor cost to perform non-routine Maintenance Work Job Title (Complete by Contractor) Straight Time $ / Hour Overtime $ / Hour
5. Equipment Rate for non-routine Maintenance Work
Equipment Category Rate $ / Hour
Bucket Truck
Crane Truck
Dump Truck
6. Material Mark-Up
Material Mark-up will not exceed % of supplier’s invoice price (cost) that will be furnished to the Town in any cost proposal for emergency response work.
Attachment 2_Amendment
Final Audit Report 2023-05-09
Created: 2023-05-09
By: Lindsay Lopez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAK659HqCf_PNVOlJgx3UJL7qQmXFg9LRZ "Attachment 2_Amendment" History
Document created by Lindsay Lopez ([email protected]) 2023-05-09 - 8:33:34 PM GMT
Document emailed to Robert Asuncion ([email protected]) for signature 2023-05-09 - 8:34:51 PM GMT
Email viewed by Robert Asuncion ([email protected]) 2023-05-09 - 8:52:21 PM GMT
Document e-signed by Robert Asuncion ([email protected]) Signature Date: 2023-05-09 - 8:52:34 PM GMT - Time Source: server Agreement completed.
2023-05-09 - 8:52:34 PM GMT
AGENDA ITEM #6A-E
6. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report and Possible Action from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
AGENDA ITEM #6A-E
6. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report and Possible Action from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
AGENDA ITEM #6A-E
6. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report and Possible Action from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
AGENDA ITEM #6A-E
6. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report and Possible Action from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
AGENDA ITEM #6A-E
6. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report and Possible Action from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
Draft
PATHWAYS COMMITTEE
Regular Meeting Minutes
Council Chambers Conference Room,
Los Altos Hills Town Hall
26379 Fremont Road,
Los Altos Hills, CA 94022
April 24, 2023 at 6:30pm
Committee meetings are held in-person.
1. Call to Order (roll call)
a. Members
i. Laura Bailey (LB) - here
ii. Melissa Dyrdahl (MD) - absent
iii. Bob Elson (BE) - here
iv. Joe Mitchell (JM) - here
v. Judy Nagy (JN) - here
vi. Richard Partridge (RP) - here
vii. Rajesh Shakkarwar (RS) - here
viii. Laure Tuchscherer (LT) - here
ix. Sonja Wilkerson (SW) - absent
b. Associate Members
i. Val Metcalfe - here (joined late)
c. Staff
i. WooJae Kim (WK)
ii. Ashta Khanal
iii. Michael Schloetter
d. Town Council
i. Mayor Linda Swan
e. Public
i. Carol Gottleib
ii. Kjell Karlsson
2. Agenda Review - none
3. Review & Approval of Minutes for:
a. March 27, 2023 JN moved and JM seconded. (BE, RS - abstained, JN, RP, JM,
LT, LB, JM)
4. Ex Parte Communications (Written or oral communications with parties relevant to an item on tonight’s agenda) - none
5. Transportation Development Act Funding for Summerhill Pathway Phase 2 (WK) - TDA grant from the MTC is $45,000 can be used for projects already in the pipeline. Staff suggests using the TDA grant money on the Summerhill Project either for design or construction. Some previous TDA money was spent on phase 1 of Summerhill. This is additional money and not already budgeted money. This suggestion has to go before council for approval. BE moved and LB seconded. (RS, RP, JM, JN, LB, LT, BE - approved)
6. Project Status — No Action to be taken, only a status report (WK, BE) 1 AGENDA ITEM #7.A and 7.B
See highlights on page 3
Draft
a. CIP Projects approved by City Council
i. Redwood Grove - Los Altos neighbor has concerns about a fence that is not in the correct location and the path could be built on Los altos Hills property. Los Altos is allowing LAH to build the path as designed but if an ADA complaint comes in, the path needs to be upgraded. JN mentioned the current footpath is hazardous so this would be better. The committee is happy to hear the project is moving forward.
ii. 27447 Edgerton Rd (Town extend path along property toward Wallace Stegner Path) - Town is waiting for the engineering team to come back with drawings supporting the new alignment. When this is available, it will be shared with the homeowner for approval. Older section will be redone in-house hopefully tomorrow or Wednesday. The water bars will be switched to the correct alignment and grade corrected. Water erosion needs to be considered when constructing the new pathways. iii. Page Mill, Lupine to Via Feliz - Staff walked the path. There was discussion to hold off on this project for a year or so and see what happens when the roadway is strengthened. The PWC agreed to put this project on hold for a year. JM mentioned PageMill is on the County Trail Map.
iv. Summerhill Rd - Engineering consultant has provided the plan There are a few small markups they need to incorporate. Hope to get the plans back this week. Early May staff should be able to submit to the County. Survey is waiting for two easements to be legally recorded and take to TC in June. First round of estimates was more money than we have. We may need to split this into two projects so progress can be made. Staff wants to make sure all homeowners are on board with the plans once plans are approved by the County. Carol mentioned she would be happy to host a neighborhood meeting at her house to discuss this pathway. b. Projects being tracked but in Public Works
i. Saddle Court - Michael is waiting for the property to dry out a little and then the properties owners will be notified and staff will go in to do a little grading and cleaning out.
c. ‘10’ Segments for FY 22/23
i. Briones - Preparing bidding documents and waiting for the end of the grading moratorium. Maybe outsourced to be expedited.
ii. La Paloma - Preparing bidding documents and waiting for the end of the grading moratorium.
iii. Concepcion - Preparing bidding documents and waiting for the end of the grading moratorium.
7. Property Review
a. None - RP will check to make sure we are getting the ones we need to review since we have not had one lately. Any property that has a current or future path.
8. Old Business
2
Draft
a. Update on pathway prioritization subcommittees (BE) - The subcommittee already has 3 miles of off road paths and 3 miles of roadside paths. This project is on hold until we get some feedback from staff as they are already busy. Maybe we need to review increasing the pathway fees but that would require a fairly large project.
b. Status of County-wide Trails Master Plan Update response (JM) - JM wants to get on to Council agenda for next month.
c. Pathway maintenance (all) - WK found out we can have a share point file that staff and the committee can access. JM will send the current list to WK. Staff has worked on about 4-5 pathway segments in recent weeks. Please report using the link or QR code on the pathway map. This goes directly into the work order system and it is checked multiple times a day. All projects staff work on should go into the work order system. Annual mowing and weed abatement is starting soon.
9. New Business
a. Requests by town residents for the new pathway map to be posted online (RP) - The information is already available online so maybe having a link on the pathway tab would be good. JM moved that we make a recommendation to put a link on the pathway web page. BE seconded. (LB, JM, RS, RP, JN, LT, BE)
10. Presentations from the Floor
a. Val wanted to send a big thank you to the crew for maintenance on Altimont.
11. Reports from Other Meetings
a. Naming of Art Lachenbruch pathway approved by council! Staff will be making a sign soon.
12. Pathway Promotion & Communications
a. Pathways Run/Walk – May 13 - BE will do it. JN will try to join. 8:30am. b. Town Picnic – June 4 - RS will do part of it. JN will try to do part. 12:30-4pm.
13. Agenda Topics for Next PWC Meeting -
a. Maple Leaf Ct. One property has fenced in the public right away/easement.
Middle Fork to Maple Leaf for staking. Some has been staked but one property was inaccessible.
b. Pathway fee study.
14. Adjournment - 8:40pm
3
Recommendation to add
the Pathways Map to the
Town Website
City Council Meeting May 17, 2023 Agenda Item 7.A
AGENDA ITEM #7.A Posted 5/16/23
Summary
• Town residents approached Committee Chair about adding the new Pathways Map to the Town Website
• Pathways Committee voted unanimously in favor
• Town Council to decide if Map should be on website
Discussion
• Concerns of adding Map to website
• Increase Pathway traffic? Negligible
• Privacy implications? Information is already avialable • In favor of adding Map to website
• Pathway navigation would be easier for residents through their smart phone • Pathways are shown on multiple social media apps
• The new map shows all pathways in the same color. There is no longer a distinction between road-right-of-way and off-road pathways. This was done to alleviate off-road pathway back yard privacy concerns.
• Map is already digitized and shared among residents
Social media trail apps already show pathways
All Trails Strava: Global Pathway Usage
Wallace
Stegner
Pathway
Reference
Wallace
Stegner
Pathway
Reference
Example of social media trail app
Wallace
Stegner
Pathway
Reference
Town Maps –Information is already available online
Town Website GIS Map – Is Online Official Pathways Map – Not Online Wallace
Stegner
Pathway
Reference
Recommendation
• Council approve adding the new Pathways Map to the Town website
Draft
PATHWAYS COMMITTEE
Regular Meeting Minutes
Council Chambers Conference Room,
Los Altos Hills Town Hall
26379 Fremont Road,
Los Altos Hills, CA 94022
April 24, 2023 at 6:30pm
Committee meetings are held in-person.
1. Call to Order (roll call)
a. Members
i. Laura Bailey (LB) - here
ii. Melissa Dyrdahl (MD) - absent
iii. Bob Elson (BE) - here
iv. Joe Mitchell (JM) - here
v. Judy Nagy (JN) - here
vi. Richard Partridge (RP) - here
vii. Rajesh Shakkarwar (RS) - here
viii. Laure Tuchscherer (LT) - here
ix. Sonja Wilkerson (SW) - absent
b. Associate Members
i. Val Metcalfe - here (joined late)
c. Staff
i. WooJae Kim (WK)
ii. Ashta Khanal
iii. Michael Schloetter
d. Town Council
i. Mayor Linda Swan
e. Public
i. Carol Gottleib
ii. Kjell Karlsson
2. Agenda Review - none
3. Review & Approval of Minutes for:
a. March 27, 2023 JN moved and JM seconded. (BE, RS - abstained, JN, RP, JM,
LT, LB, JM)
4. Ex Parte Communications (Written or oral communications with parties relevant to an item on tonight’s agenda) - none
5. Transportation Development Act Funding for Summerhill Pathway Phase 2 (WK) - TDA grant from the MTC is $45,000 can be used for projects already in the pipeline. Staff suggests using the TDA grant money on the Summerhill Project either for design or construction. Some previous TDA money was spent on phase 1 of Summerhill. This is additional money and not already budgeted money. This suggestion has to go before council for approval. BE moved and LB seconded. (RS, RP, JM, JN, LB, LT, BE - approved)
6. Project Status — No Action to be taken, only a status report (WK, BE) 1 AGENDA ITEM #7.A and 7.B
See highlights on page 3
Draft
a. CIP Projects approved by City Council
i. Redwood Grove - Los Altos neighbor has concerns about a fence that is not in the correct location and the path could be built on Los altos Hills property. Los Altos is allowing LAH to build the path as designed but if an ADA complaint comes in, the path needs to be upgraded. JN mentioned the current footpath is hazardous so this would be better. The committee is happy to hear the project is moving forward.
ii. 27447 Edgerton Rd (Town extend path along property toward Wallace Stegner Path) - Town is waiting for the engineering team to come back with drawings supporting the new alignment. When this is available, it will be shared with the homeowner for approval. Older section will be redone in-house hopefully tomorrow or Wednesday. The water bars will be switched to the correct alignment and grade corrected. Water erosion needs to be considered when constructing the new pathways. iii. Page Mill, Lupine to Via Feliz - Staff walked the path. There was discussion to hold off on this project for a year or so and see what happens when the roadway is strengthened. The PWC agreed to put this project on hold for a year. JM mentioned PageMill is on the County Trail Map.
iv. Summerhill Rd - Engineering consultant has provided the plan There are a few small markups they need to incorporate. Hope to get the plans back this week. Early May staff should be able to submit to the County. Survey is waiting for two easements to be legally recorded and take to TC in June. First round of estimates was more money than we have. We may need to split this into two projects so progress can be made. Staff wants to make sure all homeowners are on board with the plans once plans are approved by the County. Carol mentioned she would be happy to host a neighborhood meeting at her house to discuss this pathway. b. Projects being tracked but in Public Works
i. Saddle Court - Michael is waiting for the property to dry out a little and then the properties owners will be notified and staff will go in to do a little grading and cleaning out.
c. ‘10’ Segments for FY 22/23
i. Briones - Preparing bidding documents and waiting for the end of the grading moratorium. Maybe outsourced to be expedited.
ii. La Paloma - Preparing bidding documents and waiting for the end of the grading moratorium.
iii. Concepcion - Preparing bidding documents and waiting for the end of the grading moratorium.
7. Property Review
a. None - RP will check to make sure we are getting the ones we need to review since we have not had one lately. Any property that has a current or future path.
8. Old Business
2
Draft
a. Update on pathway prioritization subcommittees (BE) - The subcommittee already has 3 miles of off road paths and 3 miles of roadside paths. This project is on hold until we get some feedback from staff as they are already busy. Maybe we need to review increasing the pathway fees but that would require a fairly large project.
b. Status of County-wide Trails Master Plan Update response (JM) - JM wants to get on to Council agenda for next month.
c. Pathway maintenance (all) - WK found out we can have a share point file that staff and the committee can access. JM will send the current list to WK. Staff has worked on about 4-5 pathway segments in recent weeks. Please report using the link or QR code on the pathway map. This goes directly into the work order system and it is checked multiple times a day. All projects staff work on should go into the work order system. Annual mowing and weed abatement is starting soon.
9. New Business
a. Requests by town residents for the new pathway map to be posted online (RP) - The information is already available online so maybe having a link on the pathway tab would be good. JM moved that we make a recommendation to put a link on the pathway web page. BE seconded. (LB, JM, RS, RP, JN, LT, BE)
10. Presentations from the Floor
a. Val wanted to send a big thank you to the crew for maintenance on Altimont.
11. Reports from Other Meetings
a. Naming of Art Lachenbruch pathway approved by council! Staff will be making a sign soon.
12. Pathway Promotion & Communications
a. Pathways Run/Walk – May 13 - BE will do it. JN will try to join. 8:30am. b. Town Picnic – June 4 - RS will do part of it. JN will try to do part. 12:30-4pm.
13. Agenda Topics for Next PWC Meeting -
a. Maple Leaf Ct. One property has fenced in the public right away/easement.
Middle Fork to Maple Leaf for staking. Some has been staked but one property was inaccessible.
b. Pathway fee study.
14. Adjournment - 8:40pm
3
Dedicating a Regional
Trail through Los Altos
Hills
City Council Meeting May 17, 2023 Agenda Item 7.B
AGENDA ITEM #7.B - Posted 5/16/23
Purpose of
Presentation
• Inform the Town Council of Countywide Trail Map
update activity that adds a trail connecting Rhus
Ridge and Arastradero Trails
• Town Council to decide next steps regarding County
Plan
County plan is consistent with Pathways
Element GOAL 1… pathways system that…
provides regional connections.
Summary of County Plan
• Trail through Town is a concept
• Town leads implementation and
decides route
• County preference is for offroad paths
• County provides coordination
with other government entities
regarding priorities
Impacts
• Naming a pathway through Los Altos Hills as the
Juan Bautista de Anza Historic Trial on the County
Trail Map has an unknown impact on pathway
traffic
• Usage impact is expected to be negligible
• No known groups are hiking the DeAnaza Trail
• Designating a pathway as a County trial is comparable to County bike paths.
• Navigational aides but rarely destinations
• Traffic is not dependent on a Count Map trail name
• Traffic on the certified de Anza trails in Rancho San Antonio, Los Gatos Creek, and Arastradero OSP is
independent of the trail designation Expect little to no impact in increased pathway traffic
There are
Alternative
Connection Routes
A. County Map: Byrne, Stegner, Page Mill
B. Added alternate Paseo Del Roble North
C. Added alternate Paseo Del Roble South
D. Added alternate Byrne Preserve Vista & Central
E. Added alternate Byrne Preserve Creek & Central
ABCDE
Next steps
• Does the City Council want to dedicate a trail through the Town? • If yes, should the Pathways Committee come back to City Council with routing recommendations?
backup
County Conceptual town Trail Details
Trail segments
• Rhus Ridge Parking Lot
• Rhus Ridge Road
• Rhus Ridge Road to Francemont Path
• Moody Road, Francemont to Atremis Ginzton Path
• Through Byrne Preserve to Black Mountain Road
• Edgerton to Wallace Stegner Path
• Three Forks Lane to Page Mill
• Page Mill to Arastradero
• Connect to the Arastradero Juan Bautista de Anza trail Mix use of off-road and On-Road
Pathways
Alternative Comparisons
• First bullet point here
• Second bullet point here
• Third bullet point here
Alternative Advantage Disadvantage 1st 2nd
A. County
• Most Pathways Installed
• Byrne Preserve & Stegner Path are isolated
and beautiful
• Page Mill and Arasterdaro Roads have heavy
traffic
• Sections of the path is too close to road
B. Paseo Del
Roble North
• Beautiful isolated path
• Eliminates part of Page Mill Road and all of
Arasterdaro Road
• Remaining Page Mill Road sections are too close
to the road
C. Paseo Del
Roble South
• Shorter section of Page Mill Road (0.25m)
• Eliminates path along Arasterdaro Road
• No Pathway along Page Mill
• Could build a bridge from the Page Mill Trail
• Not as beautiful as B.
D. Byrne Vista
& Central
• Highlights Byrne Vista’s view of the Bay and
Peninsula
• Trails are built and Page Mill cross walk is in
design
• Path through Byrne is a horse path that gets
muddy in the winter
E Byrne Creek
& Central • Shortest Path
• Goes through Open Space path that gets muddy in
winter
• Does not provide any Bay views
Los altos Hills Trail Concept
• The conceptual trail is part of the Juan Bautista de Anza National Historic Trail, which in this part of Santa Clara County is primarily part of the recreational retracement trail route – that is, trails that generally follow the journey of the Anza expedition but are not necessarily coincidental with the actual Anza route • The National Park Service is the lead for certifying portions of the Anza Trail, including coordinating with local jurisdictions on signage.
San juan Bautista
de anza certified
trail sections
Rancho San Antonio OSP and
Arasterdaro OSP trail sections are
certified
Source:
https://anzahistorictrail.org/county/sa
nta-clara-ca/
AGENDA ITEM #7.B
AGENDA ITEM #7.C
7. COUNCIL INITIATED
C. Consideration to Direct Staff to Initiate a Pathway Impact Fee Study and Engaging the use of a Consultant to help lead the work (Mayor Swan)
There are no supporting documents for this item.
Consideration by City Council to Direct
Staff to Initiate a Pathway Impact Fee
Study
May 17, 2023 CC Special Meeting
Agenda Item 7C
Bob Elson
Pathway Committee-Vice Chair
AGENDA ITEM #7.C
Posted 5/16/23
(This information was gathered by a complete Pathway Audit by the Pathway Committee during 2020 and 2021. The audit findings were given to Lynx Technologies to create a layer in the town’s Geographic Information System (GIS) map. CC funding allowed this layer to be created.) <<Presented to CC
January 2022
Collect
• Knowledge
• Cost Data
• Contractor List
Data
With the town’s investment
in IworQ and the diligence of
those running projects and
the town Finance
Department, the Town has
detailed cost data for
building pathways
Thanks to:
Michael Schloetter for
detailing each project &
Sarina Revillar and Miranda
Shum for providing detailed
& complete information for
each project BE_10/22/2022
The town has actual path project data;
always a good idea to use actual data to help
guide decisions.
PWC is embracing the NEW reality of
Pathway Construction and Urge all to
Seize the Benefits but Address the Costs
NEW: Town is responsible for installing all
pathways utilizing inside and outside
resources. This gives CC full control of
pathway rate of construction but do we
have the funds based on the new reality?
-Surveys
-”The LAH tax”
-Small bid pool = High Price
- Material & Labor Inflation
OLD: Homeowners install paths when
building or remodeling & CC funds annual
CIP projects
The Town has ACTUAL Project Data
Town ACTUAL Data
escalated to 2022 Dollars
What Does the Town Pay
for Pathways?
Range of Linear foot
costs for Off-Road
Paths
Range of Linear foot
costs for ON-Road
Paths
Average Town Costs for
Off-Road Paths/Parcel
Average Town Costs for
ON-Road Paths/Parcel
Is the Town’s Impact Fee close to Actual Costs?
Current (as of 2022), Fee based on Nexus Study 2019
Current (as of 2022) costs based on actual LAH data
Should the City Council Direct Staff to
Initiate a Pathway Impact Fee Study?
YES
The Pathway Committee Recommends the City
Council to Direct Town Staff to Conduct a New
Pathway Impact Fee Study
It is also recommended that whomever conducts the
study use actual data and perhaps actually talk with
the Pathway Committee
Pathways
Keeping the residents moving, one step at a time
Pathway Fee
Nexus Study
TOWN OF LOS ALTOS HILLS,
CALIFORNIA
FINAL REPORT
May 2019
matrix
consulting group
Supplemental No. 1
AGENDA ITEM #7.C
Distributed 5/17/23
Table of Contents
1. Introduction & Executive Summary 1
2. Current Pathway Fee 6
3. Types of Fees 8
4. Proposed Fee Option – Development Impact Fee 11
5. Proposed Fee Option – Benefit Assessment 18
6. Summary of Proposed Pathway Fee Options 21
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 1
1. Introduction & Executive Summary
This report presents the results of the nexus study conducted specifically for the Pathway Fee.
1 BACKGROUND
The Town of Los Altos Hills currently charges a Pathway Fee. This Pathway Fee is referred to in the Town’s Ordinances, Fee Schedules and General Plan in a variety of ways (Pathway In-Lieu Fee, Pathway Construction Fee, and Pathway Fee). However, all of these fee titles and names, regardless of their nomenclature are meant to represent the singular Pathway Fee to implement the Master Pathway Plan of the Genera Plan.
The Pathway Fee was created in 1996 and is based on Municipal Code Title 10, Chapter 2, Article 6 – Pathway Dedication, Maintenance, and Improvement. The development of the Municipal Code was in direct correlation to the Town’s adopted Pathways Element of the General Plan, which describes the benefit of having pathways, as well as the basis for the original Pathway Fee. The Town of Los Altos Hills has a series of pathways that can be used for walking, biking, horseback riding, or hiking that connect the Town. There are no sidewalks in the Town, and the pathways serve as a method of providing nonvehicular travel throughout the Town.
The purpose of the pathways is to provide circulation through the community, safe access and emergency routes, outdoor recreation / fitness, and preservation of the open space character of the Town. The existing pathways are part of the Town’s historic character and existed as a series of trails prior to incorporation. Upon incorporation, the Town established regulations that required each new development that adds potential new pathway users to contribute to the pathway system through the dedication of easements and the construction of paths or payment of pathway fees.
The focus of this analysis is the Pathway Fee. The Pathway Fee is only assessed for those projects that do not require a pathway to be installed on the property as part of the conditions of approval. As described in the Pathways Element of the Town’s General Plan, the Pathway Fees are to be used by the Town for the acquisition, design, and construction of the pathway system. The improvement includes covering the cost associated with construction and installation of new pathways in the Town to help meet the requirements of the Town’s General Plan and the Town’s Municipal Code.
The Pathway Fee is imposed during the Site Development process, but collected at the Building phase of the project. The fee is deposited into a separate fund called Pathway Fund, which must be used to construct and acquire property for the Town’s pathway system (LAHMC § 3-3.03). improvements to the Town’s pathway system or install new
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 2
pathways. This deposit into a separate fund is consistent with the Town’s General Plan Pathway Element Policy 4.6, which clearly states that Pathway Fees must be deposited in a designated fund.
The project team worked with Town staff to evaluate the legal basis of the current fee, alternative fee structures, and proposed fee amount(s) to fully recover the cost associated with construction of pathways.
2 METHODOLOGY
The Matrix Consulting Group calculated the cost of service for the Pathway Fee by reviewing the following data elements:
• General Plan and Ordinances: The project team reviewed the Town’s current General Plan and ordinances to ensure any proposed fees followed the Town’s goals and objectives.
• Cost Estimates: Data was collected regarding the construction cost estimates for constructing and installing pathways, whether outsourced, or done in-house by Town staff.
• Revenue & Expenses: Revenue and expenses for the Town Pathway Fund were reviewed.
• Fee Types and Assessments: The project team reviewed a multitude of options available to the Town for collecting and implementing a Pathway Fee.
The above elements were used to conduct the analysis in this report. 3 SUMMARY OF RESULTS
The Town’s current Pathway Fee is assessed as a development impact fee and is charged on any project that results in increases in habitable space area and is assessed as a one-time fee. Pursuant to the Town’s adopted Fee Schedule, the Pathway Fee is calculated as a per linear foot of the average width of the property, with a minimum fee of $5,700 and is assessed one time per lot per owner of that property.
The project team evaluated the Town’s nexus for the Town to continue assessing fees for pathways. Based upon the current methodology of the fee application, as well as the intent behind the fee, the project team developed two primary options for the Town to collect and charge this fee. The following points identify the two options and a brief description of what they would entail.
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 3
1. Development Impact Fee: Due to the projected population and household growth estimated for the Town, as well as the current standard of Pathway to resident ratio, there could be the need to construct new pathways as new residents move into Town. The following sub-points detail some key aspects of this type of impact fee:
- Type of Fee: Impact Fee – numerical fee based on proportionality. - Legal Authority: Must meet the criteria set forth by the Mitigation Fee Act (AB1600) (Gov. Code §66000 et seq.), demonstrating the reasonable relationship that exists between the development activity and the proposed benefit. There is also the need for annual reporting requirements and reassessment of fees every five years.
- Adoption Criteria: Town Council can adopt the fee through resolution, once a nexus study has been completed.
- Frequency: One-time
- Method of charging: Collected the building permit phase - Fund: Creation of a separate Pathway Impact Fee Fund separate from existing Pathways Fund.
- Ordinance: Develop a new ordinance to amend the existing Pathway Fee ordinance (Municipal Code Title 10, Chapter 2, Article 6) to clarify that a fee would only be assessed on new dwelling units or additions to existing homes that could be classified as a dwelling unit (habitable criteria).
As a one-time flat fee, the Impact Fee is intended to be assessed on all projects that result in the potential for increased residents as measured by equivalent dwelling units (EDU), which would generate the need for construct new pathways. The EDU calculation is based on 2.85 Residents per dwelling unit, such that 1.0 EDU equals 2.85 people.
Therefore, development projects that have lower residential occupancy impacts have an EDU value lower than 1.0 EDU. Projects such as new Accessory Dwelling Units (currently Secondary Dwelling Units) and Residential Additions / Remodels with habitable space of 250 square feet or more are assumed to have an impact of 1.0 resident per space, which results in an EDU value of 0.35. This fee is assessed based upon the type of development project and imposed in site development but collected at the building phase. Unlike the Pathway Assessment District option discussed below, the Impact Fee must only be used for the construction of new pathways, which would result in modifying the Pathway Element Policy 1.6, while the General Fund would be used for the maintenance of existing pathways.
2. Pathway Assessment District: The Town could create a benefit assessment district; as the benefit of the maintenance, upkeep, and addition of pathways is all in relation to the property owners and residents that currently reside in Town. The following sub-points detail some key aspects of this assessment:
- Type of Fee: Benefit Assessment – per property owner
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 4
- Legal Authority: There are several assessment laws that authorize assessments for variety purposes. General law cities typically select an assessment law under which it will proceed, and then follow those procedures and limitation set by the law. For example, the Municipal Improvement Act of 1913 (Str. & Hwy Code §10000 et seq.) is the primary procedural assessment act used for the acquisition or construction of public improvement but does not provide any bond procedures. Instead bonds must be issued under the Improvement Act of 1911 (Str. & Hwy Code §5000 et seq.) or the Improvement Bond Act of 1915 (Str. & Hwy Code §8500 et seq.). In addition to the chosen assessment law, certain state laws and constitutional provisions apply to assessments generally. For instance, Proposition 218 defines what can be considered a special benefit (above and beyond typical service). This requires a detailed Engineer’s Assessment Report estimating the total cost associated with maintenance and construction of all projected Town pathways.
- Adoption Criteria: Public hearing and ballot / voter approval by majority of property owners affected by benefit district is required before the Town Council may adopt a resolution to establish the assessment district and levy the assessment.
- Frequency: Annual
- Method of charging: Collected through landowner’s property tax bill. - Fund: Deposited into the existing Pathway Fund.
- Ordinance: Develop new ordinance to replace existing Pathway Fee ordinance clarifying the Pathway Benefit Assessment.
A benefit assessment district would allow an annual fee that would be charged to all parcels, which could benefit from access to pathways. This fee would be assessed to property owners that benefit from the upkeep and the construction of the pathways. 4 COMPARISON OF FEE OPTIONS
To provide further information regarding these options, the project team also calculated two different fees based upon the options. The following table shows by fee type, the total cost calculated and the basis upon which it would be assessed:
Fee Type Total Cost Fee Basis
Impact Fee
- Single Family Residence (1.0 EDU)
- Accessory Dwelling Unit (0.35 EDU)
- Residential Remodel / Additions (0.35 EDU)
$10,943
$10,943
$3,826
$3,826
Per equivalent dwelling unit (EDU)
Per single family residence
Per accessory dwelling unit
Per remodel / addition permit that results in
min. 250 sq. ft. increase of habitable space
Assessment $911 Per existing and future household
1 This is an initial estimate, as an actual fee amount would need to be based on an Engineer’s Assessment Report.
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 5
As the table indicates, the proposed impact fee is based upon the proportionality of impact upon the pathway, as a new single-family residence will have a higher impact on increased population and need for increased pathways, there is a higher fee relative to accessory dwelling units or residential additions / remodels that increase the habitable space.
It is important to clarify that the $91 assessment is only an initial estimate and includes both capital expenses for construction of pathways and maintenance costs for the upkeep of pathways. If the Town were to consider a Benefit Assessment District, as required by Proposition 218 (Cal. Const. art. XIIID, §4(b)), the actual assessment must be supported by a detailed Engineer’s Assessment Report, which is prepared by a registered professional engineer. The results of the Engineer’s Assessment Report could vary depending upon the number of parcels and type of cost (upkeep only or upkeep and acquisition / construction of new pathways) being included in the benefit assessment.
As this section demonstrates, there are specific changes that would need to be made within the Town’s existing processes for both of these options. It is important to note that there is a possibility for the Town has a third potential option – charge both a Development Impact fee for new Construction and a Benefit Assessment District for only the maintenance of pathways. If the Town prefers this third option, it would need to ensure that the Engineer’s Assessment Report is based only on the maintenance of existing pathways and excludes capital expenses for construction or acquisition of pathways, as that has already been accounted for through the Development Impact Fee.
The body of this report will provide further details regarding the two proposed fee options, including the detailed calculations.
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 6
2. Current Pathway Fee
The Town of Los Altos Hills currently charges its one Pathway Fee as a development impact on any subdivision, new accessory living unit, new residence, and or development project that adds a cumulative total of 900 sq. ft. or more (of habitable floor area) per Municipal Code Section 10-2.608. The Town’s original Pathway Fee was based on an ordinance from March 1996. The code specified the collection of a Pathway Fee based upon the increase in size of the habitable floor area. The 1996 ordinance as codified in Section 10-1.202 of the Municipal Code currently defines habitable area as follows:
“Habitable floor area shall mean floor area, [as defined in this section], which includes provisions for space heating, with floor to ceiling heights in excess of seven (7) feet, and is intended for living purposes for human occupancy. Habitable floor area shall include but is not limited to bedrooms, bathrooms, kitchens, living, family, a dining rooms, office / study areas, game rooms, poolhouses, or similar use areas, as well as entry foyers, hallways, stairs, etc., which connect such areas.
Floor area clearly intended for garage or storage use, barns or stables (excluding any habitable portion of the building), and basements and attics with floor to ceiling heights of less than seven (7) feet are not considered habitable.” Based upon this definition, the Pathway Fee is clearly related to the addition of habitable space additions. The other item that is important to note in the ordinance is that the pathway fee is a one-time fee imposed on each lot.
The Pathway Fee is imposed during the site development phase of the project and developers may be required to dedicate a pathway easement, but the fee is collected when the building permit is issued. The Pathway Fee is collected based upon on the Adopted Planning Fee Schedule.
The Pathway Fee is collected as either $53 per linear foot of the average width of the property or $5,700 whichever is greater. As long as the property’s average width exceeds 107.54 linear feet, the developer must pay $53 per linear foot. The project team collected data regarding the total revenue collected by the Pathway Fee. The following table shows by fiscal year, the total revenue collected under the Pathway Fund:
FY Total Pathway Fee Revenue
FY 10-11 $20,154
FY 11-12 $151,928
FY 12-13 $192,413
FY 13-14 $132,341
FY 14-15 $141,086
FY 15-16 $160,524
FY 16-17 $229,072
FY 17-18 $262,966
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 7
FY Total Pathway Fee Revenue
FY18-19 YTD $63,439
As the table indicates, the Town has collected approximately $1.35 million in Pathway Fee revenue over the past eight years. On average, the annual collection for the last three complete fiscal years (FY15-16, FY16-17, and FY17-18) is approximately $217,520.
To provide further context to the current Pathway Fee, the project team collected information regarding the Pathways Capital Improvement Plan (CIP) expenditures for the past seven fiscal years. The following table shows by fiscal year, the proposed Pathway Fund expenditures:
FY Total Pathway Fund Expenditures
FY 11-12 $165,000
FY 12-13 $1,334,600
FY 13-14 $115,300
FY 14-15 $445,211
FY 15-16 $462,938
FY 16-17 $242,000
FY 17-18 $90,000
FY 18-19 $306,246
As the table indicates, the total expenditures associated with the Pathways Capital Fund have fluctuated over the years, depending on when new pathways were installed or constructed. The total expenditures also exceeded the total revenues collected for the Pathway Fund; the remaining portion of the pathway capital expenses were then subsidized by the General Fund. The average expenses over the last three fiscal years (FY15-16, FY16-17, and FY 17-18) is $264,979. The projected expenditures for FY18-19 are $306,246.
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 8
3. Types of Fees
There are several different types of fees that can be charged under the State of California’s legal regulations. The Town of Los Altos Hills’ Pathway Fee has been charged as a development impact fee. The Pathway Fee is currently referred to simply as a fee in the Town’s Municipal Code. The following text reads from Ordinance 10-2.608 Pathway Fee, as codified in Section 10-2.608 of the Municipal Code:
“A site development permit for a lot on which no path is needed and on which is to be constructed a main residence, an accessory dwelling, an addition to a structure of at least nine hundred (900) square feet of “habitable” floor area (including cumulative additions of nine hundred (900) or more square feet of habitable floor area), or a barn or stable of at least nine hundred (900) square feet in floor area shall be assessed a pathway fee, the amount of which shall be fixed by Council resolution. Pathway fees collected shall be deposited in the Town’s pathway fund. No fee shall be assessed if the lot has been assessed and has paid a fee pursuant to Section 91.1112 of the Subdivision Ordinance. (§ 6, Ord. 381, eff. April 19, 1996)”
Based upon the description of the Pathway Fee, it is clear that this fee is only assessed for those projects for which there is no need for a pathway installment. The following subsections outline the different types of fee (non-tax-based options) available to the Town for assessing the Pathway Fee, as well as how and if the Pathway Fee is able to meet any of the criteria.
1 TYPES OF FEES UNDER CALIFORNIA LAW
Within California, a tax is distinguished from a service charge, assessment, or fee. The following points discuss the different types of “fees” that do not qualify as a tax per Propositions 218 and 26:
• Utility Rates: These are fees for utility services charged to users who pay for water, sewer, electrical, and / or other utility services. These fees are meant to cover the cost of providing the service, including operations, maintenance, overhead, capital improvements and debt service. These are considered to be “property-related fees,” which means that there needs to be a public hearing and no protests from the majority of the affected property owners. • Benefit Assessments: Assessments are charged by agencies on real property to pay for public facilities or services within an area which benefit the property or businesses. A common type of assessment is for landscaping and lighting for a
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 9
neighborhood. The amount of the assessment is determined by a detailed Engineer’s Assessment Report which demonstrates a nexus to the special benefit to the property that results from the improvements or how the properties being assessed receive a special benefit from the tax improvements. Assessments are typically collected through the annual property tax bill. Imposing a benefit assessment requires a public hearing procedure, and if the assessment passes the public hearing, it be must be approved by votes, which are weighted according to the amount that each property would be taxed.
• User Fees: User fees are for services and facilities that an agency provides. The amount of a user fee may not exceed the cost of providing the service. This cost may include overhead, capital improvements, and debt service. Propositions 13, Proposition 4, and Proposition 218, California Government Code Sections 66014 and 66016, and more recently Proposition 26 and the Attorney General’s Opinion 92-506 set the parameters under which the user fees typically administered by local government are established and administered
• Regulatory Fees: Regulatory fees relate to the administrative enforcement and audit component of compliance associated with codes and ordinances. An example of a regulatory fee is a business license inspection program. • Development Impact Fees: Development impact fees are typically imposed on new construction and are used to finance improvements and facilities required to serve new development. The amount of the fee must not exceed the cost of the improvement(s) associated with that fee. Development impact fees are governed by AB1600 or the Mitigation Fee Act.
• In-Lieu Fees: In-lieu fees are charged to developers only if they are unable to comply with the requirements of the entitlement or development process and construct per requirements. This fee is typically considered to be a type of development impact fee. This fee cannot be charged more than it actually costs the city or the jurisdiction to construct or implement the requirement. These fees are also governed by the Mitigation Fee Act. They are imposed to mitigate the impact of development activity in the community, but a very specific impact.
The points above illustrate that there are a variety of types of fees that are not considered to be “taxes” in the traditional sense that can be utilized by an agency to recover costs associated with services and potential improvements.
2 PATHWAY FEE TYPE ANALYSIS
Based upon the types of fees and charges listed above, the current Pathway Fee meets the criteria for a Development Impact Fee and also has the ability to be considered for a Benefit Assessment District. The following table shows by type of fee, whether the
Pathway Fee Nexus Study TOWN OF LOS ALTOS HILLS, CALIFORNIA Matrix Consulting Group Page 10
Pathway Fee meets or has the potential to meet the criteria and / or cannot meet the criteria:
As the table indicates, the Pathway Fee does not meet the criteria for a Utility Rate, User Fee, and Regulatory Fee. As the fee is not for a utility service, nor is there a specific service provided, it makes sense that those two categories or fees would be eliminated as a possibility. Additionally, the Pathway Fee does not have any regulatory impact as it relates to the Town and therefore would not qualify as a regulatory fee.
The primary type of fee exception that the Pathway Fee meets is the Development Impact Fee criteria as it is a one-time fee imposed on development projects for public infrastructure. In the same vein as a Development Impact Fee, the Pathway Fee could also easily be assessed as an In-Lieu Fee. However, usually a jurisdiction will either charge an impact fee or an in-lieu fee not both fees. As such, the project team moved forward with the Development Impact Fee option.
The current Pathway Fee also has the possibility to meet the criteria for a Benefit Assessment District with some key changes to the existing ordinance as well as legal changes. The following chapters explore the Town’s ability to continue charging the Pathway Fee as a Development Impact Fee as well as explain the option of a Benefit Assessment District.
Type of Fee Meets Criteria Doesn’t Meet Criteria
Utility Rates X
Benefit Assessments Potentially with some changes
User Fees X
Regulatory X
Development Impact Fees X
In Lieu Fees Potentially with some changes
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4. Proposed Fee Option – Development Impact Fee
The Town currently charges the Pathway Fee as a Development Impact Fee. In order for the Town to continue to assess a development impact fee, the Town will need to reevaluate the nexus criteria for this fee. The Mitigation Fee Act requires that the Town reassess the nexus criteria every five years (Gov. Code § 66001(d).). This study is part of that effort on behalf of the Town. The Development Impact Fee Act is governed by the Mitigation Fee Act, which has five criteria that must be met in order for a fee to be implemented. The following points list the criteria required for a Pathway Development Impact Fee:
• Purpose of Fee: The purpose of the proposed development impact fee is to help offset the impacts to the Town as it relates to new development or redevelopment of existing property that brings in additional residents who would utilize the pathways. The purpose of this fee is not to burden existing residents with the impact for the need for new pathways but to have new residents pay their proportionate share for the pathways.
• Use of Fee Revenue: The revenue collected from the proposed Pathway Development Impact Fee will only be used to fund the construction of new pathways within the Town.
• Benefit Relationship: The benefit relationship requires that the use of the impact fee revenue and the type of development project upon which it is imposed is reasonable.
• Impact Relationship: In order to establish an impact relationship there needs to be a clear and reasonable relationship between the need for the public facility and the type of development project upon which the fee is imposed. • Proportionality: The proportionality requirement states that the impact fee established must be directly related to the proportionate impact of the type of development project. The Development Impact must therefore not exceed the estimated reasonable cost of providing the new pathways for which the fees are collected. (Gov. Code § 66005(a).).
The following subsections outline how the Town’s current Pathway Fee meets the above criteria, and the calculation of an updated Pathway Impact Fee. 1 Comparison of Current Pathway Fee to Development Impact Criteria The project team reviewed the Town’s current Pathway Fee in order to determine if it is currently consistent with the criteria outlined in the Mitigation Fee Act. The following table
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shows each criterion, and how the current Pathway Fee compares.
Criteria Meet Don’t Meet
Purpose of Fee
The purpose of the Pathway Fee is clearly
set forth in Municipal Code Section 3-3.303
which states that the fund will be used
exclusively for the construction and
acquisition of property for Town’s pathway
system2.
Use of Fee Revenue The Town has detailed capital improvement plans that outline the spending of this
revenue source.
Benefit Relationship
The Town’s original ordinance from 1996
and the current ordinance indicates that the
Pathway Fee is related to site development
that results in increase in habitable space.
Impact Relationship
The addition of more than 900 sq. ft. of
space (habitable floor area) results in the
possibility for increased residents, which
could correlate to increased pathway usage
and need for new pathways. The addition of
a barn or stable in excess of 900 square
feet would generate additional stable
capacity and place an increased burden on
the equestrian use of pathways and need
for new pathways.
The Town has a Pathways Master Plan,
based upon proposed development activity
and growth within the community.
Proportionality
The Town’s current fee of $53 per linear
foot based on the average width of the
property correlates to the length and size of
the pathway that needs to be installed.
Proportionality may be improved by
having the impact be based on new
residents as measured by
equivalent dwelling units (EDU),
instead of the width of the property.
As the table above illustrates, the Town is able to meet all five criteria necessary to assess a development impact fee. However, there is the possibility for the Town to strengthen its current nexus based upon the type of development activity currently occurring within the Town.
2 Section 3-3.303 of the Municipal Code will need to be amended to reflect the Town’s practice of using the Pathway Fund solely for the construction and acquisition of property for the Town’s pathway system. The Town’s General Fund is used for maintenance and repair of the pathway system.
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2 Proposed Development Impact Fee Methodology – Nexus Analysis The project team looked at criteria and methodologies that would strengthen the nexus requirements of AB 1600 and the Mitigation Fee Act. The Town could restructure its criteria, using population as the driving factor, with the assumption that an increase in population would drive the need for new pathways. The increased population would be described as an increase in EDU, which is a terminology that is used to consider the average housing density per dwelling unit.
Based upon the US Census Bureau data, the population for Los Altos Hills increased by approximately 6.7% between 2010 and 2017. This growth would result in an annual population growth of approximately 0.96% annually. Therefore, a population projection for Los Altos Hills for the next 15 years, would result in be 9,808 residents in 2031, which results in an increase in approximately 1,228 residents over 15 years.
The current pathway system of approximately 80 miles accommodates 8,580 residents.
This results in a current standard of 107.25 residents per mile of pathway. In order to maintain that standard of residents to mile of pathway ratio, there would be a need to add an additional 11.5 miles of pathways to the Town3. The following table outlines each criterion point, and how the proposed methodology compares.
Criteria Meet Don’t Meet
Purpose of Fee As the new pathways would only be developed as residents are added, the Town meets this criterion.
Use of Fee Revenue The Town has detailed capital improvement plans that outline the spending of this revenue source.
Benefit Relationship
The use of the impact fee revenue would be to construct the new pathways that would be a direct consequence of
the increase in residential population within the Town. The increase in residential population is related to the number of dwelling units, and therefore, the pathway fee would only be applicable to dwelling units.
Impact Relationship
Based upon the current mileage of pathways in Town,
there is a standard level of pathway to number of residents.
In order to maintain that standard, the addition of new residents would require the need for additional pathways.
Proportionality The proposed impact fee would be a flat fee per equivalent dwelling unit, as the primary mechanism for addition of population to the Town is through increased dwelling units. 3 Town staff has confirmed that approximately 11.5 miles of additional pathways need to be constructed pursuant to the Town’s Pathways Master Plan.
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As the table demonstrates, under the alternative methodology, the Town is able to meet all five of the criteria necessary to impose a Development Impact Fee. 3 Proposed Development Impact Fee Calculation
In order to calculate the development impact fee, it is important to estimate the cost of the impact. Based upon the calculations earlier in this section, the population projection estimates the need for 11.5 miles of additional pathways. A typical pathway can vary in size from 0.5 to 1.0 mile. The cost of construction of a new pathway is estimated at approximately $205,0004. Assuming $205,000 is the cost for 0.5 mile of pathway, the cost of 1.0 mile of pathway is approximately $410,000. Therefore, based upon the need to add
11.5 miles of pathways, the total projected cost would be $4.7 million. The following table shows this calculation:
The total projected cost would then need to be divided by the potential number of dwelling units that would be added into the Town. Assuming that the average household size of
2.85 remains, the addition of 1,228 residents would result in the need for 431 additional dwelling units. Therefore, the total projected cost of $4.7 million would be divided by the 431 equivalent dwelling units to result in $10,943 per dwelling unit that is added to the Town. The following table shows this calculation:
Category Amount
Total Estimated Population Increase 1,228
Estimated Household Size 2.85
Estimated # of Dwellings / Households 431
Total Estimated Pathways Cost $4,715,000
Total Cost Per Dwelling Unit $10,943
It is important to note that this calculation of the per dwelling unit is based on the calculation of 2.85 residents per Single Family Residence (unit), which is based on the Town’s General Plan Housing Element from 2015. This calculation is known as an equivalent dwelling unit meaning that 1.0 dwelling unit represents 2.85 residents.
Therefore, for Single Family Residences, the Equivalent Dwelling Unit (EDU) Value is 1.0.
For dwelling units that accommodate fewer number of residents, an EDU with a value of 4 The $205,000 calculation for average length of pathway is calculated based on the average of three different recent pathway construction projects – Miranda Road ($185,634), Taafee Project ($136,902), and Mora Drive ($290,663). The average of $204,400 was rounded up to $205,000 to account for increased costs since the most recent bid was from 2017.
Category Amount
Avg Cost of Pathway $205,000
Avg Size of Pathway 0.5 miles
Cost per Mile of Pathway $410,000
# of Miles Needed 11.50
Total Estimated Cost $4,715,000
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less than 1.0 is calculated. As such for Accessory Dwelling Units that are typically meant to accommodate 1.0 resident, the calculation is 0.35 EDU (1 resident to a ratio of 2.85 residents).
The other type of residential development project within the community of Los Altos Hills is residential additions and remodels. The residential additions and remodels are primarily related to habitable space requirements. Per the International Code Council (ICC), Chapter 404.4 Bedroom and Living Room Requirements, each bedroom must require a minimum of 70 sq. ft. for habitable space. It is the project team’s recommendation that typically residential additions or remodels that are approximately 250 square feet are typically considered to be habitable space type additions or remodels (expansion of bedroom, development of basements)5. While there are no minimum size criteria for an additional or new Accessory Dwelling Units in the Town’s General Plan or Municipal Code, typically most Accessory Dwelling Units start at approximately 250 square feet.
Therefore, the project team believes that the EDU value calculated for the Accessory Dwelling Unit of 0.35 EDU can be applied to residential remodels or additions, which exceed 250 square feet of habitable space. Utilizing the term habitable space is key to ensuring that the residential remodel or addition has a direct correlation to potential population growth and the pathway system’s ability to accommodate the additional residents generated due to this new development activity.
The following table presents the proposed fee structure for the Town utilizing the concept of equivalent dwelling units.
Category Proposed Fee Amount
Total Cost Per Equivalent Dwelling Unit (EDU) $10,943
Single Family Residence (1.0 EDU) $10,943
Accessory Dwelling Unit (0.35 EDU) $3,826
Residential Additions / Remodels (0.35 EDU) – min 250 sq. ft. criteria $3,826 Barns & Stables $0
As the table indicates, the current fee of $10,943 is essentially per dwelling unit or per 1.0 EDU, which is the same proposed fee for Single-Family Residences. However, an Accessory Dwelling Unit or Residential Addition / Remodel has a lower impact on the potential number of residents, resulting in a lower fee amount of $3,826 associated with those projects. Barns and stables are currently being assessed a Pathway Fee; because of the possibility of increased equestrian use on the Town’s pathways; however, per the revised impact fee nexus, which is based on population growth of residents rather than equestrian usage, barns and stables have been excluded from the analysis and would be subject to a proposed fee amount of $0.
It is important to note that all of the analysis conducted in this report provides the baseline nexus analysis for the Pathway Impact Fee. The Town has the flexibility to utilize the 5 This 250 sq. ft. estimate is based on the minimum residential addition / remodel category on the ICC valuation table, and is higher than the minimum 70 sq. ft. for baseline habitable space.
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information in this report to develop policies and procedures regarding the collection and administration of fees, such as whether this fee is only applied one-time to each property owner, or if there are any discounts or waivers applied to certain types of property owners or development activities.
The proposed methodology allows for capturing the impact of potential increase in population on the Town’s pathways through developing a fee on equivalent dwelling units.
This is the most defensible methodology, which allows the Town to collect impact fees on any and all development projects that result in the potential to increase the Town’s population through the use of dwelling units. This proposed impact fee differs from the current methodology by removing the limitation of 900 habitable square feet by equating the habitability aspect from square footage to the dwelling unit characterization.
The proposed impact fee would be imposed on any new residential construction for Single-Family Homes, any new residential construction for Accessory Dwelling Units, and any residential remodels or additions that result in greater than 250 sq. ft. of habitable space. The habitable space definition from the existing zoning code definition from Section 10-1.202 and Pathway Fee requirements should be amended accordingly.
It is important to note that this calculation assumes that the need for new pathways would solely be dependent upon the addition of potential new residents into the Town, rather than constructing or updating pathways for current Town residents. Any existing pathway improvements already identified would not be eligible for use of this funding.
In order to ensure that the Impact Fee collects enough revenue to fund the construction of pathways, the Impact Fee must be annually updated. The Mitigation Fee Act allows for annual updates to the Impact Fee, based upon the Construction Cost Index. The annual increase estimated by the Construction Cost Index for the Los Altos Hills region can be applied to the fee annually to ensure that the fee amount reflects proposed increases or decreases in construction cost.
4 Proposed Development Impact Fee Implementation Guidelines If the Town were to continue to pursue the existing Pathway Fee as a Development Impact Fee, the following changes would need to be made:
• Pathway Fee Ordinance Update: The language would need to be modified to state that a development project would be assessed an impact fee based upon its equivalent dwelling unit (EDU) impact, which is correlated to the size and residential occupancy of that project. It would need to expand the definition to include single-family residences, accessory dwelling units, and additions / remodels with a minimum of 250 square feet of habitable space being added.
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• Pathway Element Policy of the General Plan Update: The language of the policy would need to be updated to clarify that the Pathway Fund must only be used for the construction of new pathways. The General Fund would be used for the maintenance of existing pathways. Additionally, the policy would need to be updated to also reflect the proposed exclusion of barns or stables in excess of 900 feet as proposed in this report.
• Annual Reporting Requirements: A development impact fee requires the Town to generate annual reports on the collection and disbursement of its impact fees (Gov. Code § 66066(a).). This would involve monitoring the revenues received and how those revenues were allocated to construction of new pathways. • Reimbursement of Funds: A development impact fee requires the Town make required findings for portions of the Pathway Fund remaining unexpended, whether committed or uncommitted (Gov. Code § 66001(d)(1).). If that revenue remains unexpended and the Town has not identified an approximate date to commence construction of the pathway, the funds must be reimbursed to the developer (Gov.
Code § 66001(d)(2).). This would require the Town to monitor when funds were collected for each project, and how the funds from each project were disbursed through the Pathways Capital Fund.
• Separate Fund: An impact fee requires a separate fund to be set up for the collection and distribution of those impact fees. The Town already has a Pathways Capital Fund. However, in order to not comingle the collection of previous fees or funds, the Town would need to create a separate fund or separate sub account Development Impact Fee Fund for pathways. This would help with the annual reporting requirements for the Impact fee.
• Collection of Fees: Similar to other impact fees, the fees would be collected at the building phase of the project. The fee would also be assessed in the situation if the Town were to annex households from the unincorporated area, as those would be “new” dwelling units within the Town.
• Use of Impact Fee Revenue: Unlike the original Pathway Fund, the impact fee revenue can only be used to fund the construction of new pathways, as the nexus would be that the increase in population has led to a decrease in the current standard of pathway to resident ratio and as such new pathways must be added for the new residents. The upgrades and maintenance of existing pathways would need to be funded through alternate sources, such as the General Fund.
As these points demonstrate, the strengthening of the existing Pathway Fee as a Development Impact Fee would require modifications to current processes within the Town, as well as a greater monitoring of collection and use of the Pathway Fund.
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5. Proposed Fee Option – Benefit Assessment
The project team evaluated charging a Pathway Fee through a Benefit Assessment District. As discussed in the types of fees and charges section, a Benefit Assessment District is created for a special benefit that is received by those who reside within the boundaries of the district. The special benefit must be above and beyond what is considered normal municipal services (i.e. Police, Fire, streets, parks, etc.). The use of pathways and development of pathways in the Town of Los Altos Hills is unique and a special benefit that residents of the Town and surrounding parcels receive with access to those pathways. As such, this type of infrastructure can quality for a Special Benefit Assessment.
The purpose of this district would be the same as the Pathway Fee, but instead of depending on development activity to occur within the Town, it would be collected annually as part of the annual property tax bill. As these charges are not based on property value, but rather the benefit associated with each property, they are not subject to Proposition 13, which limits cities’ ability to impose taxes.
The following subsections outline the draft benefit assessment district calculation as well as the steps to creating a Benefit Assessment District. 1 PROPOSED BENEFIT ASSESSMENT DISTRICT FEE CALCULATION
The project team worked with Town staff to collect data regarding the pathway construction and maintenance costs. Data was collected from the Town regarding different estimates of costs for constructing pathways, as well as the size of the pathways being constructed. The following table shows by pathway project type, some construction estimates for pathway construction:
Pathway Total Estimated Cost
Miranda Road $185,633.50
Taaffee Project $136,902.10
Mora Drive $290,633.00
As the table indicates, the cost of a pathway varies from a low of $137,000 to a high of approximately $291,000. The reason for this variance is the materials used, the size of the pathway being built, and the width of the pathway. However, on average, it costs around $200,000+ to construct a new pathway or significantly upgrade the existing pathways in the Town.
Based upon the expenditure data collected by the project team, the Town expends approximately $275,000 annually on pathways-related projects and improvements. This indicates that the Town is either constructing a new pathway every year, or doing
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significant site improvements to existing pathways. A significant site improvement would constitute any improvement related to new growth and activity such as transitioning from a dirt path to more compacted, more permanent quarry crusher fines due to increased pedestrian activity on the pathways. The annual expenditure of $275,000 considers the need for building pathways, as well as the smaller dollar value site improvements.
As the project team is proposing a Benefit Assessment District for Pathways, the Pathway Fee would be calculated on the tax bill. The project team believes that the benefit of the pathway is directly correlated to the number of residents in the Town. The more residents, the more potential there is for the need for construction, maintenance, and improvement of the Town’s pathway system. The estimated population for 2016 for the Town is 8,580, with the average household size being 2.85; resulting in approximately 3,011 households.
Therefore, if the annual estimated Pathway Fee of $275,000 was assessed to all households, it would result in an annual fee of $916 per household. The following table shows this calculation:
As the table indicates, the estimated cost per household would be $912 annually. It is important to note that the $91 is only an estimate. The exact amount for the estimate would be calculated through the Engineer’s Assessment Report and would be different from the estimates presented in this report.
The assessment would be an annual charge that would be collected by the Town through the annual property tax bill. A benefit assessment district would allow the Town to collect sufficient monies (i.e. $275,000 per year) to fund pathway projects regardless of the level of development activity. These funds can be used to construct any planned pathways according to the Town Master Path Map, as well as update the infrastructure for pathways as utilized by current and future residents of the Town. 2 Pathway Benefit Assessment District Creation Methodology In order for the Town of Los Altos Hills to implement a Benefit Assessment District, it must take a variety of steps. These steps include Town Council approving required resolutions declaring their intention to levy the assessment, ordering the preparation of an Engineer’s Assessment Report, preliminarily approving the report, scheduling a public hearing, initiating the required assessment ballot proceeding, and taking any other actions as 6 This is an initial estimate, as an actual fee amount would need to be based on an Engineer’s Assessment Report.
Category Amount
Estimated Population (2017) – US Census Bureau 8,580
Estimated Avg. Household Size – Town General Plan 2.85
Estimated Number of Households 3,011 (8,580 divided by 2.85) Annual Estimated Cost for Pathway Construction & Maintenance $275,000 Annual Estimated Cost Per Household $91.352
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required by the applicable assessment statute and constitutional provisions. The following points provide further information regarding the steps outlined for proposing the creation of a Benefit Assessment District:
1. Issue an Engineer’s Report: A detailed Engineer’s Assessment Report must be commissioned that clearly outlines the purpose of the Benefit Assessment District, the types of improvements that would be implemented, and the benefit to each property owner within the district’s boundaries, including determining the costs that should be included to be apportioned to the parcel owners.
2. Mail a Public Hearing Notice: All property owners within the registered proposed assessment district must be mailed a public hearing notice and a ballot with which to voice their approval or disapproval of the proposed district at least 45 days prior to the hearing. (Gov. Code §53753(b).)
3. Conduct Public Hearing: At the public hearing, the governing body (the Town Council) would consider all protests to the formation of the district.
4. Count Ballots: If the majority of the ballots received by the conclusion of the hearing period result in protest of the creation of the District, then the district cannot be created (Gov. Code §53753(e)(5).) The ballots are weighted according to the proportional financial obligation of the affected property (Gov. Code §53753(b).) If the financial obligation for each property is the same, then each ballot is weighted equally and only a simple majority would be required. If the ballot is approved, then the benefit assessment district can be created.
Upon completion of the process outlined, including majority voter approval, the Assessment District will be created. The assessment amount would then be billed on the property tax bills each year. The Pathway Assessment District could be applied to not only residents within the Town of Los Altos Hills, but also any property owners in unincorporated areas that could benefit from the use of the Town’s pathways. The determination of which parcels could be assessed would ultimately depend upon the Engineer’s Assessment Report.
The implementation of the Benefit Assessment District would also involve changing the Town’s current ordinance to reflect the Pathway Benefit Assessment District, as well as changing the policies and procedures associated with the pathway process.
It is important to note that the creation and formation of an Assessment District can be challenging and time consuming as there is the need for public outreach to ensure that the appropriate number of votes are collected via ballot from the property owners in the proposed district.
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6. Summary of Proposed Pathway Fee Options
As this report has demonstrated, the Town currently charges the Pathway Fee as a Pathway Development Impact Fee. However, per the requirements of the Mitigation Fee Act (AB1600) and best practices, impact fees must be reevaluated every five years (Gov.
Code § 66001 (d)(1).) to ensure that there is still a relevant nexus for the collection of funds. Therefore, for the Town to continue assessing the Pathway Impact Fee, this report conducted the necessary nexus study. In addition to the nexus study, the project team also looked at the proposed fee option of developing a Benefit Assessment District.
In order to determine the benefits of these options, the project team conducted a comparison of the Development Impact Fee and the Benefit Assessment District. The following table compares the Pathway Fee options based upon a variety of criteria:
Criteria Development Impact Fee Benefit Assessment District Legal Requirement Compliant with AB1600 / Mitigation Fee Act.
There must be a “special benefit” in
compliance with Prop 218.
Adoption Criteria Town Council through resolution Majority vote of residents Ordinance Change Required Required
Frequency One-Time Annual
Fee Collection Building Permit Fee Phase Property Tax Bill Reporting
Requirements:
Annual regarding revenues collected
and expenses None
Refund
Requirements:
If funds are not expended within 5
years
None
Fees Assessed to: Property owners / developers of
equivalent dwelling units (EDU)
Existing and Potential Property Owners
within the Town and in unincorporated
areas around Town with access to
pathways
Fee Amount:
$10,943 per EDU
Single Family Residence = $10,943
Accessory Dwelling Units = $3,826
Residential Remodels / Additions (min
of 250 sq. ft. of habitable space) =
$3,826
$917 per household
Fund Type: New Pathway Impact Fee Fund Existing Pathway Fund Fund
Disbursement: Construction of new pathways only Improvements to existing pathways as well as construction of new pathways Annual Updates: Through Construction Cost Index If engineer’s report indicates Recalculation of
Fees:
Every 5 years to ensure nexus still
exists Only if required by voters
7 This is an initial estimate, because an actual fee amount would need to be based on an Engineer’s Assessment Report.
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As the table indicates, there are advantages and disadvantages associated with each option. The creation of a development impact fee is easier, as it only requires approval from the City Council, can be updated annually, and can be used to construct new pathways. However, continuing to charge the Pathway Fee as a development impact fee would increase the amount of administrative work for Town staff, as well as require the Town to monitor its use of the Impact fee funds more carefully; as any unexpended funds within five years would have to be reimbursed if the Town did not identify a construction date to commence construction of a pathway. Additionally, these funds would only be used on construction of new pathways, not maintenance of existing pathways.
The creation of a Benefit Assessment District can be a time-consuming process as it requires a detailed Engineer’s Assessment Report, property owner approval, outreach, and ensuring that there is a “special benefit.” However, the formation of a district comes with the advantage of allowing the Town greater flexibility in its ability to collect funds from all property owners (residents and non-residents of Town that live within the District) that would benefit from the pathways. This calculation would ultimately be dependent upon the Engineer’s Assessment Report. Additionally, the assessment funds can be used for both construction and maintenance of existing pathways.
As there is the opportunity to reevaluate the nexus for the Pathway Fee in the next five years, the Town should evaluate its potential for population growth and the type of impact on its pathway system to determine if all new pathways have been constructed and whether it might be beneficial to consider a Benefit Assessment District solely for the maintenance of the existing pathways.
AGENDA ITEM #7.D
7. COUNCIL INITIATED
D. Request to Support the Staff Applying for and working on Streamlining Photovoltaic (PV) Permitting in the Town, Including Applying for a Grant and Engaging with a Consultant to help lead the work (Councilmember Tyson)
There are no supporting documents for this item.
From: anand ranganathan
To: City Council
Subject: Comment on Agenda Item 7D
Date: Wednesday, May 17, 2023 7:35:37 AM
Dear City Council,
I am writing regarding item 7D on your agenda tonight:
Request to Support the Staff Applying for and working on Streamlining Photovoltaic (PV) Permitting in the Town, Including Applying for a Grant and Engaging with a Consultant to help lead the work
While this is important (and indeed mandated by the state), I ask that the council discuss how this might affect other more urgent priorities before it. I am reminded of the situation last year when another council initiated item (leaf blower noise ordinance) took a life of its own to the extent of moving reach codes out from last year into this. I fear this will happen again. EIC priorities have already slipped quite a bit this year owing to staff shortages. We cannot afford any more delays on our priorities. In particular, it is essential that we pass reach codes for existing buildings this year. All our neighboring towns are far ahead of us on this.
Thank you
Anand
Supplemental No. 1
AGENDA ITEM #7.D
Distributed 5/17/23