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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract SECTION 22.8 This CONTRACT, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this CONTRACT or the transaction(s) contemplated by it, shall be governed by, construed and enforced in accordance with the law of the State of California (excluding any conflict of law’s provisions that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to this CONTRACT, including arbitration proceedings, shall be brought only in Santa Clara County, California. EACH OF THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA CLARA COUNTY, CALIFORNIA.
SECTION 22.9 Those Sections and provisions that by their nature should survive termination, cancellation or expiration of this CONTRACT shall so survive, including but not limited to Sections 3 and 5 through 20, inclusive.
SECTION 22.10 The persons signing below are duly authorized to execute this CONTRACT.
IN WITNESS WHEREOF, the parties have executed this as indicated below.
CITY OF LOS ALTOS HILLS COUNTY OF SANTA CLARA:
By: _____________________________ By:___________________________________ Peter Pirnejad, City Manager James R. Williams, County Executive
Date: _____________ Date: ____________
___________________________________
Arika Birdsong-Miller, City Clerk Date: ____________
APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGALITY :
____________________________________ __________________________________ Steve Mattas Date Stefanie L. Wilson Date
City Attorney Deputy County Counsel
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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract
EXHIBIT A
SCOPE OF SERVICES,
OUTCOMES MEASURES AND BUDGET
FY 2025
Contract No. LAH-25-01 Grant Amount: $400,000
1. SUBRECIPIENT INFORMATION:
Subrecipient Name Program Name
Town of Los Altos Hills Heritage House ADA Upgrades
Program Contact Phone Email
Melissa Elian 650-947-2517 [email protected]
2. LOCATION OF PROGRAM: Unless otherwise indicated, the Grant Services specified will be offered at the following location(s):
Site Name and Address: Heritage House, 26379 Fremont Road, Los Altos Hills, CA 94022
3. PROGRAM DESCRIPTION:
The Heritage House is a public facility located in the town of Los Altos Hills (LAH). The Town of Los Altos Hills is proposing building improvements that will allow better access and improve internal navigability within the building by removing the architectural barriers that restrict the accessibility or mobility of severely disabled adults and elderly persons. The proposal includes adding an ADA-compliant entrance with a ramp to the building. Additionally, the remodel will widen hallways, entryways, and corridors to accommodate wheelchairs and other aids. The proposal includes upgrading the bathroom to be ADA-compliant. Lastly, the improvements will ensure the floor plan is easy to navigate, especially for severely disabled adults or elderly persons.
4. SERVICE AREA: Check the areas where the services will be provided:
Town of Los Altos Hills
5. PROJECT FUNDING & ELIGIBLE ACTIVITY:
Public Facilities & Improvements
6. NATIONAL OBJECTIVE: Limited Clientele Benefits (LMC) - The facility must serve one of the following populations as defined by HUD:
Under what limited clientele (LMC) category does this program address? Presumed benefit – activity limited to:
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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract Abused children
Battered spouses
Elderly persons*
“Severely disabled” adults**
Homeless persons
Illiterate adults
Persons living with AIDS
Migrant farm workers
*Definition of Elderly Persons
Persons are considered elderly if they:
Are 62 years of age or older.
**Definitions of Severely Disabled
Persons are considered severely disabled if they:
Use a wheelchair or another special aid for 6 months or longer; Are unable to perform one or more functional activities (seeing, hearing, having one’s speech understood, lifting and carrying, walking up a flight of stairs and walking); Need assistance with activities of daily living (getting around inside the home, getting in or out of bed or a chair, bathing, dressing, eating and toileting) or instrumental activities or daily living (going outside the home, keeping track of money or bills, preparing meals, doing light housework and using the telephone); Are prevented from working at a job or doing housework; Have a selected condition including autism, cerebral palsy, Alzheimer’s disease, senility or dementia or mental retardation; or
Are under 65 years of age and are covered by Medicare or receive Supplemental Security Income (SSI)
7. URBAN COUNTY CONSOLIDATED PLAN ACTIVITY: (check one) Affordable Housing (Create or Maintain)
Homelessness (Activities to end homelessness)
Community Services
X Strengthen Neighborhoods (Capital Improvements or Public Facilities) Fair Housing Services
8. PERFORMANCE MEASUREMENT
The U.S. Department of Housing and Urban Development (HUD) requires a performance measurement system to better capture data for the activities that are undertaken with CDBG funding. For each proposed activity, an objective, outcome, and performance indicator must be identified. a. Primary Objectives:
Create Suitable Living Environment – this objective relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment. b. Primary Outcome
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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract Availability/Accessibility (Activity that makes services, infrastructure, housing, and or shelter available and accessible.)
9. SPECIFIC OUTCOME INDICATORS
1. Number of Unduplicated to be assisted by this Program:
a. Of the Total Assisted, how many will
Outcome Indicators Number of
Residents
Have new or continued access to this service or benefit.
Have improved access to this service of benefit 300
Receive a service or benefit that is no longer substandard
10. SCHEDULE OF PERFORMANCE: Estimate the number of unduplicated Urban County persons/households to be served during FY25, per contract quarter:
ESTIMATES
11. OUTCOME MEASURE STATEMENT AND MEASUREMENT METHODOLOGY. a. Outcome Statement:
The proposed building improvements will address much-needed ADA upgrades to allow better access to the Heritage House and improve internal navigability within the building. The proposal includes adding an ADA-compliant entrance with a ramp to the building. Additionally, the remodel will widen hallways, entryways, and corridors to accommodate wheelchairs and other aids. The proposal includes upgrading the bathroom to be ADA-compliant. Lastly, the improvements will ensure the floor plan is easy to navigate, especially for severely disabled adults or elderly persons.
Quarter No. Served Performance Indicator (check one)
Qtr 1: Aug 15 – Sept 30 75
Qtr 2: Oct 1 – Dec 31 75
Qtr 3: Jan 1 – Mar 31 75
Qtr 4: Apr 1 – Jun 30 75
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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract
12. BUDGET
FY24 BUDGET CATEGORY CDBG FUNDS OTHER PROGRAM
FUNDS (IF ANY)
TOTAL PROGRAM
COSTS
DIRECT COSTS
Demolition - Existing ramp components $ 7,150.00
Demolition - Planting components near ramp $ 3,300.00
Demolition - Plantings at West Side of House $ 7,150.00 Concrete ramp & landing $ 12,705.00
Concrete walkway - new (currently no path) $ 31,520.50
Compressed Gravel - existing (patch) $ 3,867.50
Knee wall $ 8,085.00
Wood ramp portion $ 11,440.00
Posts $ 9,075.00
Footings $ 14,520.00
Stairs $ 12,500.00
Grading - main ramp $ 8,250.00
Grading - side walkway $ 6,600.00
Handrails $ 13,068.00
Irrigation piping - Rework $ 5,500.00
Irrigation piping at W side - Demo/Rework $ 9,900.00
Exterior signage/Miscellaneous improvements $ 2,750.00
Demolition - Interior walls $ 4,620.00
Demolition - HVAC $ 3,300.00
Demolition - Existing frame at rear entrance $ 1,100.00 Demolition - Restroom and kitchen doors and walls $ 11,000.00 Demolition - Restroom and kitchen fixtures and finishes $ 5,500.00 Demolition - Plumbing infrastructure $ 8,250.00
HVAC - Ductwork reconfiguration $ 5,500.00
HVAC - Controls & wiring $ 2,200.00
Interior walls - Reconstruction $ 22,990.00
Interior signage - Wayfinding $ 1,650.00
Widen rear entrance with new frame (ADA) $ 9,900.00
Rear entrance - New door & hardware $ 5,500.00
Interior doors & framing - New $ 14,300.00
Interior door hardware - New $ 1,650.00
Kitchen - Custom casework $ 22,000.00
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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract Kitchen - General build out and finishes $ 16,500.00
Kitchen - Plumbing infrastructure $ 13,750.00
Kitchen - fixtures and appliances $ - $ 6,600.00 $ 6,600.00 Restroom - Fixtures and finishes $ 13,200.00
Restroom - Plumbing infrastructure $ 22,000.00
Plumbing - New water heater $ 5,500.00
Fire Sprinklers - Realign sprinkler heads in restroom and kitchen $ 8,800.00
Structural General $ 28,129.00 $ 2,121.00 $ 30,250.00
Paint - Heritage House interior at restroom and kitchen $ 5,280.00 200A Electrical Service - New Wiring $ 19,250.00 $ 19,250.00 Demolition - electric panel and wiring $ 2,750.00 $ 2,750.00 Flooring - Vinyl New $ 3,762.00 $ 3,762.00
Construction Administration - Consultant $ 10,000.00 $ 10,000.00 Town Administration time $ 40,000.00 $ 40,000.00
TOTAL $ 400,000.00 $ 84,483.00 $ 484,483.00
13. REPORTING REQUIREMENTS.
1. Reporting Schedule. All required reports shall be submitted to the CDBG office no later than TEN (10) calendar days after the end of the first, second, and third quarters and no later than FIVE (5) calendar days after the end of the fourth quarter. SUBRECIPIENT agrees to submit quarterly progress reports via email to the County CDBG staff.
2. Quarterly Progress Reports (QPR). At the end of each quarter, SUBRECIPIENT shall report the CDBG number of Unduplicated Participants/Beneficiaries, Demographic Information, and the and how the activities being provided under this grant contribute to meeting performance measures stated in the contract.
3. Reimbursement Requests (RR). Program will be reimbursed on a quarterly basis, for approved invoices submitted pursuant to this Contract. Requests for reimbursement will be made quarterly via email to the County CDBG staff
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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract
EXHIBIT B
PAYMENTS TO CITY
COUNTY agrees to pay SUBRECIPIENT for the performance of the services, work, and duties, subject to and performed in connection with this Agreement, a sum of money not to exceed the amount set forth in this Agreement. Such sum shall be paid by COUNTY to SUBRECIPIENT on a reimbursement basis for services actually performed by SUBRECIPIENT and for eligible costs actually incurred by and paid by, pursuant to this Agreement, for the cost categories appearing in this section.
SECTION 1. Payment Procedures.
A. No sum shall be paid until County has received from SUBRECIPIENT the following:
1. Reimbursement Request (RR) or Expense Summary (ES) request for the PROGRAM on a quarterly basis, for approved invoices submitted pursuant to this Contract. The RR form must be accompanied by a request for reimbursement on SUBRECIPIENT letterhead along with relevant backup documentation Requests for reimbursement will be made quarterly via email to the County CDBG staff specifying in detail the services performed by, and the costs incurred by and paid by SUBRECIPIENT during the period for which payment is requested. Any Program Income received by the SUBRECIPIENT shall reduce total allowable payments by the same amount. "Program Income" is defined as income or earnings received by SUBRECIPIENT which are directly generated from the use of CDBG funds (as defined at 24 CFR 570.500(a)).
It shall be reported by SUBRECIPIENT to COUNTY on a monthly basis. Any Program Income on hand when this Agreement expires or terminated or any Program Income received after this Agreement expires or terminates, shall be promptly paid to COUNTY.
B. Payment. Payment to SUBRECIPIENT will be made within thirty (30) calendar days of receipt by COUNTY of all such required statements and supporting documents, including but not limited to, paid invoices, provided that the items on such statements and supporting data for which payment is requested can properly be paid under this Agreement, HUD regulations 2 CFR 200 applicable to the program, and the COUNTY-HUD Grant Agreement, as the same may from time to time be amended. In making such determination, COUNTY may rely upon the certification by SUBRECIPIENT that the items appearing on said statement and supporting data are eligible items for payment under this program and Agreement, and such determination by COUNTY shall in no way constitute a waiver by COUNTY of its right to recover from the amount of any money paid on any item which is not eligible for payment under the program and this Agreement. Payment will be delayed if the information provided to the COUNTY is missing or incomplete. COUNTY has right to ask for additional documentation which will assist in the determination of cost eligibility and in accordance with HUD regulations, as amended from time to time. In making such determination for payment, COUNTY may rely upon the certification by SUBRECIPIENT that the items appearing on said statement and supporting data are eligible items for payment under this program and Agreement, and such determination by COUNTY shall in no way constitute a waiver by COUNTY of its right to recover from the amount of any money paid to on any item which is not eligible for payment under the program and this Agreement.
COUNTY shall retain ten percent (10%) of the total funding amount. Payment of the retention shall be made no earlier than thirty-five (35) days after all Work has been completed.
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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract COUNTY shall not be obligated to make a final payment until (i) all Work is complete and fit for its intended use, and (ii) SUBRECIPIENT has submitted the Project Accomplishments Report to the COUNTY, which provides the number of beneficiaries along with their racial and income data.
C. Disbursement. The total amount of such payments to be made to SUBRECIPIENT shall be distributed in the following manner during the course of the PROGRAM.
1. Construction Costs. Total eligible payments made to SUBRECIPIENT’s for time actually worked for all categories listed in EXHIBIT A entitled "CDBG Scope of Services, Performance Outcomes and Measurements, and Budget".
2. Audit. Eligible payments to an independent Auditor to perform an audit in accordance with 2 CFR PART 200, Subpart F, if required. "Eligible," as used in this Agreement, means those costs, payments, and disbursements for activities for which community development grant moneys may be used pursuant to Section 570.201 of the Federal Rules and Regulations for the Implementation of Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, (24 CFR 570) and all other applicable rules and regulations.
3. Classification of Costs. There is no universal rule for classifying certain costs as either direct or indirect F&A (Finance and Administration) under every accounting system. A cost may be direct with respect to some specific service or function, but indirect with respect to the Federal award or other final cost objective. Therefore, it is essential that each item of cost incurred for the same purpose be treated consistently in like circumstances either as a direct or an indirect (F&A) cost in order to avoid possible double-charging of Federal awards. Guidelines for determining direct and indirect (F&A) costs charged to Federal awards can be found in 2 CFR 200.412 – Classification of Costs.
SECTION 2. Budget Amendments.
A. Line Item. Any amendments to a line item in the approved budget must receive prior written approval from the Office of Supportive Housing. Requests for budget amendments shall be submitted via email to the County’s CDBG staff.
B. Reallocating of Program Funds. On a quarterly basis, COUNTY shall review the monthly expenditures if any, for services performed and costs incurred by SUBRECIPIENT provided in this Exhibit. If such review reveals that the monthly expenditures in any such quarter for the PROGRAM as a whole or any cost category thereof, are below the total amount allocated under this Agreement for the total PROGRAM or cost category thereof for such quarter, COUNTY may reallocate the amount of such under spending. In the case of under spending in a cost category, COUNTY may reallocate unspent amount into another cost category of the PROGRAM. In the case of underspending in the PROGRAM as a whole, COUNTY may reallocate unspent amount to another community development PROGRAM. COUNTY shall, before reallocating, give SUBRECIPIENT ten (10) days’ written notice of its intention to reallocate funds. Such notice shall include a copy of COUNTY’s quarterly expenditure review for the PROGRAM and statement of its reasons for such reallocation. COUNTY shall make its final determination with respect to reallocation only after SUBRECIPIENT has been given an opportunity to present its views and recommendations with respect to such contemplated reallocation. In no event,
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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract however, shall COUNTY be bound to accept SUBRECIPIENT’S views or recommendations with respect to such contemplated reallocation. If the expenditures by SUBRECIPIENT in any quarter, for the PROGRAM or any cost category thereof, exceed the total amount allocated to the PROGRAM or any cost category thereof, COUNTY may terminate non-salary expenditures for the PROGRAM for such period of time as is necessary to bring expenditures into conformance with this Agreement.
C. Reallocation of Program Funds. The DIRECTOR of the Office of Supportive Housing or his or her designated representative, may at the request of SUBRECIPIENT approve reallocation of funds from any cost category or categories to any other cost category or categories at any time provided that: (1) there is no increase in the total amount specified in this Agreement, and (2) the goals and objectives set forth in Exhibit A are not negatively affected. Approval by the DIRECTOR of the Office of Supportive Housing or his or her designated representative of such reallocation of funds must be in writing. Any unexpended funds at the end of the term of the Agreement shall be retained by the COUNTY. Expenses incurred prior to July 1, 2025, are not eligible for reimbursement under this Agreement.
COUNTY agrees to pay SUBRECIPIENT for the performance of the services, work, and duties, subject to and performed in connection with this Agreement, a sum of money not to exceed the amount set forth in this Agreement. Such sum shall be paid by COUNTY to SUBRECIPIENT on a reimbursement basis for services actually performed by SUBRECIPIENT and for eligible costs actually incurred by and paid by, pursuant to this Agreement, for the cost categories appearing in this section.
1 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract
EXHIBIT C
GENERAL BLOCK GRANT CONDITIONS
SECTION 1. GENERAL GRANT CONDITIONS
A. Definitions. As used herein, "HUD" means United States Department of Housing and Urban Development. "PROGRAM Area" for the purposes of this Exhibit “COUNTY” means the Santa Clara County Urban County which includes the unincorporated community within Santa Clara County in addition to seven small jurisdictions: the cities of Campbell, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill and Saratoga.
B. General Compliance. SUBRECIPIENT shall comply with the provisions of 24 CFR 570, Subpart J and K, describing other program requirements, and the provisions of 2 CFR 200 relating to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards.
SECTION 2. ADMINISTRATIVE REQUIREMENTS
A. Establishment and Maintenance of Records. SUBRECIPIENT shall maintain records, including but not limited to, books, financial records, supporting documents, statistical records, personnel, property, and all other pertinent records sufficient to reflect properly:
a. All direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred to perform this Agreement, and b. All other matters covered by this Agreement. Such records shall be maintained in accordance with requirements now or hereafter prescribed by the COUNTY.
1. Records to be Maintained. The SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program;
c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program;
f. Financial records as required by 24 CFR 570.502 and 24 CFR 84.21 - 28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Retention. SUBRECIPIENT shall preserve and make available its records for the period of four (4) years from the date of final payment to SUBRECIPIENT under this Agreement; or such longer period, if any, as may be required by applicable law; or if this Agreement is completely or partially terminated, for a period of four (4) years from the date of any resulting final settlement.
3. Client Data. The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income
2 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract level or other basis for determining eligibility, and description of service provided. Such information shall be made available to the COUNTY monitors or their designees for review upon request.
4. Disclosure. The SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the SUBRECIPIENT’s responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Property Records. The Subrecipient shall maintain real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the “changes in use” restrictions specified in 24 CFR Section 570.503(b)(8), as applicable.
6. National Objectives. National Objectives. The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with Funds provided under this Agreement meet the CDBG Program’s national objective of benefiting severely disabled adults and elderly persons (including presumed beneficiaries), as defined in 24 CFR Section 570.208.
7. Close-outs. The SUBRECIPIENT’s obligation to the COUNTY shall not end until all close-out requirements are completed pursuant to 24 CFR 570.509. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the SUBRECIPIENTS), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the SUBRECIPIENT has control over CDBG funds, including program income.
8. Audits and Inspections. At any time during normal business hours, and as often as may be deemed necessary, SUBRECIPIENT agrees that HUD and/or COUNTY, and/or any of their respective authorized representatives shall have access to and the right to examine SUBRECIPIENTS offices and facilities engaged in performance of this Agreement and all its records with respect to all matters covered by this Agreement. SUBRECIPIENT also agrees that HUD and/or COUNTY, or any of their respective authorized representatives shall have the right to audit, examine, and make excerpts or transcripts of and from such records, and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials, and all other data relating to matters covered by this Agreement. Notwithstanding anything in this Agreement to the contrary for monitoring purposes, COUNTY shall not require access to any information of SUBRECIPIENT mutually determined by the parties hereto to be proprietary.
a. County Audits. COUNTY may perform an independent audit. Such audits may cover program as well as fiscal matters. SUBRECIPIENT will be afforded an opportunity to
3 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract respond to any audit findings and have the responses included in the final audit report.
Costs of such audits will be borne by SUBRECIPIENT.
b. Independent Audits. Funds will be set aside in each SUBRECIPIENT’S budget for an independent audit. A separate line item will be established. SUBRECIPIENT shall enter into an agreement with an independent public accountant certified to practice in the State of California no later than sixty (60) days before the end of this Agreement calling for an audit to be done for the entire year. The audit must be in conformance with the applicable funding source. The audit must be completed and sent to COUNTY’s Office of Supportive Housing staff within the later of one hundred fifty (150) days of the end of this Agreement or ninety (90) days after the end of SUBRECIPIENT’s fiscal year. The independent fiscal audit shall conform to Generally Accepted Government Auditing Standards (GAGAS) 2 CFR 200.514(a) and the audit threshold 2 CFR 200.501(a). c. Requirements. Such audits shall identify the funds received and disbursed under this Agreement. For SUBRECIPIENT'S that expend $750,000 or more of Federal financial assistance in a fiscal year, in addition to conducting normal financial audit procedures, the SUBRECIPIENT'S independent public accountant certified to practice in the State of California shall perform tests to ascertain that:
i. Expenditures submitted for reimbursement are allowable under 2 CFR Part 200 Subpart E, “Cost Principles”;
ii. Expenditures are in compliance with the grant agreements between the COUNTY and SUBRECIPIENT; and
iii. Applicable laws and regulations. Further, the independent public accountant certified to practice in the State of California shall render an opinion as to whether the Expenditures complied with the Single Audit Act of 1984 and 2 CFR 200 Subpart F “Audit Requirements".
iv. Funds may be set aside in SUBRECIPIENT'S budget in an amount equal to COUNTY’S fair share of SUBRECIPIENT'S cost of an independent audit, if required.
d. Components. The Audit must include the following:
i. Balance Sheet or Statement of Financial Position;
ii. Statement of Support, Revenue and Expenses and Changes in Fund Balances or Statement Activities;
iii. Statement of Functional Expenses;
iv. Schedule of Expenditures of Federal Awards;
v. Independent Auditor’s Report on the Financial Statement and Schedule of Expenditures of Federal Awards;
vi. Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters;
vii. Auditor’s Report on Compliance with Requirements Applicable to Major Programs and on Internal Control over Compliance;
viii. Schedule of Findings and Questioned Costs;
4 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract ix. Summary of Schedule of Prior Audit Findings;
x. Corrective Action Plan;
xi. Data Collection Form.
B. Procedures Concerning Reporting and Payments.
1. Program Income. The SUBRECIPIENT shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the COUNTY at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the COUNTY.
2. Indirect Costs. If indirect costs are charged, SUBRECIPIENT may invoice for indirect costs up to a de minimis rate of 10% per 2 CFR 200.414 (f). If SUBRECIPIENT requests an indirect cost rate above the de minimis rate of 10%, SUBRECIPIENT shall develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT’s share of administrative costs and shall submit such plan to the COUNTY for review. The County may approve or deny the plan in its sole discretion.
Indirect Costs may not be charged or Capital Improvements or Housing Rehabilitation Projects.
SECTION 3. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. General Compliance. The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, sex, sexual orientation, actual or perceived gender identity, national origin, disability, or other handicap, age, marital status, family status, or status with regard to public assistance. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include, but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provision of this nondiscrimination clause.
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3. Land Covenants. The SUBRECIPEINT under this Agreement shall be subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, SUBRECIPIENT shall require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that and the United States are beneficiaries of and entitled to enforce such covenant, in providing the services and work it is to provide, pursuant to this Agreement, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.
4. Section 504. The Subrecipient agrees to comply with Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published which specify that no otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal assistance.
5. Architectural Barriers Act. The Subrecipient shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under CDBG program after December 11, 1995 and that meets the definition of a “residential structure” as defined in 24 CFR Part 40.2 or the definition of a “building” as defined in 41 CFR Part 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards. The Americans with Disabilities Act (“ADA”) (42 USC 12131; 47 USC 155, 210, 218, and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense.
B. Affirmative Action
1. Approved Plan. The Subrecipient agrees that it shall be committed to carry out pursuant to the County’s specifications an affirmative action program in keeping with the principles as provided in Executive Order 11246 (as amended).
2. Women and Minority Business Enterprises. The requirements relating to Minority-Owned and Women-Owned Business Enterprises set forth in Executive Order No. 11625 of October 13, 1971, 36 Fed. Reg. 19967, as amended by Executive Order No, 12007 of August 22, 1977, 42 Fed. Reg. 42839; and Executive Order No. 12432 of July 14, 1983, 48 Fed. Reg., 32551; and Executive Order No. 12138 of May 18, 1979, 44 Fed. Reg. 29637, a SUBRECIPIENT must exercise affirmative outreach efforts when soliciting bids for service or construction when the Federal funds received
6 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract by the SUBRECIPIENT or subcontractor exceeds $10,000 and when the SUBRECIPIENT or subcontractor is a for-profit organization/business.
3. Access to Records. The Subrecipient shall furnish and cause each of its sub-subrecipients to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the COUNTY, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with rules, regulations and provisions stated herein.
4. Notifications. The Subrecipient will send to each labor union or representative of workers with which it may have a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity and Affirmative Action employer. The Subrecipient shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60), and will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.
The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
6. Subcontract Provision. The Subrecipient will include the provisions of Section 3. A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activities. No funds provided in this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office; nor shall they be used to provide services, or for the employment or assignment of personnel in a manner supporting or resulting in the identification of programs conducted pursuant to this Agreement with the following:
a. Any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; b. Any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or
7 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract c. Any voter registration activity.
2. Labor Standards. The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland “Anti-Kickback” Act (40 U.S.C. 276a-276a-5; 40 U.S.C. 327 and 40 U.S.C. 276c and all other applicable Laws pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient shall maintain documentation which demonstrates compliance with the hour and age requirements of this part.
Such documentation shall be made available to the COUNTY for review upon request.
The David Bacon Act (40 USC, Chapter 3, Section 276a-5; and CFR Parts 1, 3, 5 and 7) is triggered when construction work over $2,000 is financed in whole or in part with CDBG Funds. It requires that workers receive no less than the prevailing wages being paid for similar work in the same area. Davis-Bacon does not apply to the rehabilitation of residential structures containing less than eight units or force account labor (construction carried out by employees). HUD has concluded that new construction (as well as rehabilitation) of residential property is exempt from Federal labor standards if the property contains less than eight (8) units. SUBRECIPIENT shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve SUBRECIPIENT of its obligation, if any, to require payment of the higher rates. SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such contracts in excess of Twenty Five Thousand Dollars ($25,000), pursuant to 29 CFR 5a.3.
3. “Section 3” Clause. Compliance with the provisions of “Section 3” of the Housing and Community Development Act of 1968 Pertaining to Employment Opportunities for Lower-Income Persons (12 U.S.C. 1701u), requiring that, to the greatest extent feasible on PROGRAMs financed by HUD, a SUBRECIPIENT must:
a. Provide opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction PROGRAM, are given to persons with household income that is at or below 80% of the median income for San Jose Metropolitan Statistical Area defined by the Secretary of HUD residing within the San Jose metropolitan area, Where feasible, priority should be given to residents within the service area of the PROGRAM or the neighborhood in which the PROGRAM is located who have household income that is at or below 80% of the median income for San Jose Metropolitan Statistical Area (MSA as defined by the Secretary of HUD, and to participants in other HUD programs who have household income that is at or below 80% of the median income for the San Jose Metropolitan Statistical Area. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements; and
8 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract b. Award contracts for work undertaken in connection with housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction PROGRAM to business concerns that provide economic opportunities for persons residing within the metropolitan area in which the CDBG-funded PROGRAM is located and have household income that is at or below 80% of the median income for San Jose Metropolitan Statistical Area as defined by the Secretary of HUD, Where feasible, priority should be given to business concerns that provide economic opportunities to residents within the service area or the neighborhood in which the PROGRAM is located who have household income that is at or below 80% of the median income for San Jose Metropolitan Statistical Area as defined by the Secretary of HUD, and to participants in other HUD programs who have household income that is at or below 80% of the median income for that area; and
c. Self-certify whether they are a Section 3 business, employs Section 3 residents, or subcontracts with business that provide opportunities to low-income persons when an award of $200,000 or more of HUD funding is provided for housing rehabilitation, housing construction, or other public construction PROGRAMs, and/or $100,000 or more to subcontractors; and
d. At a minimum, provide documentation on federal compliance, reporting and outreach efforts; and
e. The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
The work to be performed under this agreement is a PROGRAM assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. “Section 3” requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the PROGRAM area and contracts for work in connection with the PROGRAM be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the PROGRAM is located.
4. Notifications. The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
5. Subcontracts. The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of
9 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
D. Conduct.
1. Assignability. The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the County; provided, however, that claims for money due or to become due to the Subrecipient from the County under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the County.
2. Hatch Act. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. Participants employed in the administration of the CDBG Program, and participants whose principal employment is in connection with an activity financed by the CDBG Program or its proceeds are subject to limitation on political activities under the Hatch Act (5 U.S.C. 1502(a), 18 U.S.C. 595). All participants may take part in non-partisan activities outside working hours.
3. Resident Aliens. (24 CFR 570.613) Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for the benefits under covered activities funded by the CDBG Program. "Covered activities" are activities meeting the requirements of 24 CFR 570.208(a) that either (1) have income eligibility requirements limiting benefits exclusively to low- and moderate-income persons, or (2) are targeted geographically or otherwise to primarily benefit low- and moderateincome persons (except for activities that benefit the public at large), and provide benefits on the basis of an application.
4. Conflict of Interest. Under 24 CFR Part 570.66, no officer, employee or agent of COUNTY or SUBRECIPIENT who exercises any functions or responsibilities with respect to the CDBG Program or to the services and work to be performed by SUBRECIPIENT pursuant to this Agreement, during such officer’s, employee’s or agent’s tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. SUBRECIPIENT shall incorporate or cause to be incorporated in every contract required to be in writing a provision prohibiting such interest pursuant to the purposes of this section.
7. Subcontracts. SUBRECIPIENT shall not award any contract or subcontract which is otherwise in compliance with this Agreement to any person or subcontractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract.
8. Lobbying. The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
10 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly.
d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
9. Copyrights. If this Agreement results in a book or other copyrightable material, the author is free to copyright the work, but HUD reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted.
10. Patents. Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to COUNTY and HUD for determination by HUD as to whether patent protection on such invention or discovery will be sought and how the rights in the invention or discovery, including the rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.
11. Religious Organizations. Subrecipient shall not use any funds to construct, rehabilitate, maintain, or restore religious structures (including those which may be historic properties) currently used for religious purposes in accordance with the federal regulations specified in 24 CFR Section 570.200(j). CDBG FUNDS shall not be used to construct, rehabilitate, maintain, or restore structures or other real property owned by "pervasively sectarian" organizations. Block grant funds shall not be used to assist a religious organization in acquiring property. These prohibitions apply whether or not the property is used for religious services or instruction or is used in any
11 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract other way for religious activities. CDBG Funds may be used for the provision of public services under the following conditions:
a. The public services provided are exclusively non-religious in nature and scope; b. There are no religious services, proselytizing, instruction, or any other religious influences in connection with the public services.
c. There is no religious discrimination in terms of employment or benefits under the public services; and
d. The CDBG funds may be used only for the provision of public services and not for the construction, rehabilitation or restoration of any facility owned by the religious organization where the services are to be provided. A narrow exception to this prohibition is that minor repairs may be made where such repairs (a) are directly related to the public services, (b) are located in a structure used exclusively for non-religious purposes, and (c) constitute in dollar terms a minor portion of the CDBG expenditure for the public services.
SECTION 4. ENVIRONMENTAL CONDITIONS
A. Environmental Requirements. (24 CFR 470.604) SUBRECIPIENT is not allowed to incur program expenses until the COUNTY has performed an environmental review of the proposed activities, received the release of funds, and provided the SUBRECIPIENT with formal clearance to initiate them, along with directives for any action necessary to mitigate negative environmental impacts (24 CFR Part 58).
1. SUBRECIPIENT will submit the correct Environmental Review Record for Maintenance and or Minor Rehabilitation activities to the County Housing Rehabilitation Specialist or HCD Program Manager for review.
2. County will provide SUBRECIPIENT with technical guidance when needed.
3. County will forward the executed Environmental Review Record to the SUBRECIPIENT once approved (Formal Clearance).
B. Air and Water. This Agreement is subject to 42 U.S.C. 1857, and 33 U.S.C. 1251 et sec., and the regulations issued pursuant thereto. Therefore, SUBRECIPIENT agrees as follows:
a. SUBRECIPIENT stipulates that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20; b. SUBRECIPIENT agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Sections 114 and 308, and all regulations and guidelines issued thereunder; c. SUBRECIPIENT stipulates that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities;
12 County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract d. SUBRECIPIENT agrees that criteria and requirements in subparagraphs (a) through (d) of this section will be included in every non-exempt subcontract and SUBRECIPIENT shall take such action as the COUNTY or HUD requires as a means of enforcing such provisions.
e. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.
C. Flood Disaster Protection. Notwithstanding any other provision of this Agreement, SUBRECIPIENT shall comply with the Flood Disaster Protection Act of 1973, as amended (P.L. 93-234), and the standards issued thereto. No portion of the moneys to be paid to SUBRECIPIENT pursuant to this Agreement shall be used for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of HUD as having special flood hazards which is located in an area not in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any of said moneys for such acquisition or construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act.
Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001, ~., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973, as amended. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement.
D. Lead-Based Paint. Notwithstanding any other provision, SUBRECIPIENT agrees to comply with the regulations issued by the Secretary of HUD set forth in 24 CFR 570.608 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures undergoing federally assisted construction or rehabilitation and require the elimination of lead-based paint hazards. Every contract or subcontract, including painting, pursuant to which such federally assisted construction or rehabilitation is performed, shall include appropriate provisions prohibiting the use of lead-based paint.
E. Historic Preservation. SUBRECIPIENT shall not violate provisions of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. Before any
13 County of Santa Clara LAH-25-01
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FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract commitments are made to make any physical improvements or alterations or demolition of any building, SUBRECIPIENT shall receive assurances from the COUNTY that the SUBRECIPIENT is in compliance
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County of Santa Clara LAH-25--01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House ADA Upgrades CDBG Contract
EXHIBIT D
ASSURANCES
The CITY hereby assures and certifies that it will comply with all regulations, policies, guidelines and requirements applicable to the acceptance and use of Federal funds for this Federally-assisted program and will be responsible for implementing and complying with all relevant future changes to Federal Regulations or OMB Circulars.
Specifically gives assurances and certifies with respect to the PROGRAM that it is compliant with the following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K; and will be conducted and administered in conformity with “Public Law 88.352 and Public Law 90-284. Full text of the regulations can be located at: http://www.gpoaccess.gov/cfr/index.html
1. 570.505. Use of Real Property
2. 570.506. Records to be Maintained
3. 570.508. Public Access to Public Records
4. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063, as amended by Executive Order 12259 addresses discrimination. HUD regulations implementing Executive Order 11063 are contained in 24 CFR, Part 107.
5. 570.602. Section 109 of the Act addresses discrimination
6. 570.603. Labor Standards
7. 570.604. Environmental Standards
8. 570.605. National Flood Insurance Program
9. 570.606. Displacement, Relocation, Acquisition, and Replacement of Housing.
10. 570.607. Employment and Contracting Opportunities
11. 570.608. Lead-Based Paint
12. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or CITYs
13. 570.610. Uniform Administrative Requirements and Cost Principles. The COUNTY, its Cities, agencies or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulars A-110 (Grants and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-Profits), A-128 (Audits of State and Local Governmentsimplemented at 24 CFR, Part 24), and A-133 (Audits of Institutions of Higher Education and Other NonProfit Institutions), as applicable, as they relate to the acceptance and use of Federal funds under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are set forth at 570.502.
14. 570.611. Conflict of Interest
15. 570.612. Executive Order 12372 allows States to establish its own process for review and comment on proposed Federal financial assistance programs, specifically the use of CDBG funds for the construction or planning of water or sewer facilities.
16. 570.613. Eligibility Restrictions for Certain Resident Aliens
17. 570.614. Architectural Barriers Act and the Americans with Disabilities Ac
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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY2025 Los Altos Hills Heritage House CDBG Contract
EXHIBIT E
DECLARATION OF CONTRACTOR
(To be completed by all Type I Contractors)
This is a Type I service contract under the Board of Supervisor’s Resolution of Contracting Principles.
Type I Category: Section II C.6
Explanation: Contract with another Public Government Agency I am authorized to complete this form on behalf of the TOWN OF LOS ALTOS HILLS.
I have used due diligence in obtaining this information, and this information contained herein is complete and accurate.
CONTRACT PROVISIONS TO IMPLEMENT THE TERMS OF THE RESOLUTION RE: CONTRACTING PRINCIPLES This contract is a Type I service contract, subject to the Resolution of Contracting Principles adopted by the Board of Supervisors on October 28, 1997 and subsequently amended on October 21, 2008. Accordingly, Contractor shall comply with all of the following:
a. Contractor shall, during the term of this contract, comply with all applicable federal, state, and local rules, regulations, and laws.
b. Contractor shall maintain financial records adequate to show that County funds paid under the contract were used for purposes consistent with the terms of the contracts. These records shall be maintained during the term of this contract and for a period of three (3) years from termination of this contract or until all claims if any, have been resolved, whichever period is longer, or longer if otherwise required under other provisions of this contract.
The failure of Contractor to comply with this Section or any portion thereof may be considered a material breach of this contract and may, at the option of the County, constitute grounds for the termination and/or non-renewal of the contract. Contractor shall be provided reasonable notice of any intended termination or non-renewal on the ground of non-compliance with this Section, and the opportunity to respond and discuss the County’s intended action.
City Manager Signature:
Date
Print Name:
EXHIBIT F
INSURANCE REQUIREMENTS
[$100,001 or more]
Attach Insurance Requirements
Project: Heritage House Remodel Client: Town of Los Altos Hills Town: Los Altos Hills, CA
Project No.: Date: September 12, 2024
Building Size: SF 1,029
CONCRETE WEST SIDE PATH, STAIRS AT RAMP,
200A ELECTRICAL SERVICE UPGRADE, SITE
IRRIGATION MODIFICATIONS
PLUMBING INFRASTRUCTURE INCLUDING NEW
SANITARY LINE, WATER HEATER UPGRADE, HVAC
UNIT REPLACEMENT
PROVIDE RENOVATIONS TO EXISTING WOOD
FLOORING, MINOR INTERIOR RESTORATION WORK,
EXTERIOR PAINTING OF BUILDING
CSI DESCRIPTION UNIT PRICE QTY COST QTY abi 1 QTY abi 2 QTY abi 3 Division 2 - Site Construction
Temporary Controls, Fencing & Signage ls $5,000.00 1 $5,000 Site demolition - Ramp ls $7,150.00 1 $7,150 $0.00
Site demolition - Utility trench lf $150.00 $0 80 $12,000.00 Site demolition - Landscape ls $8,000.00 $0 1 $8,000.00 Wiring - 200A Service ls $18,500.00 $0 1 $18,500.00
Lead Based Abatement ls $15,000.00 1 $15,000
SUBTOTAL $27,150 $38,500 $0 $0
Division 5 - Metals
Metal Fabrications - Handrails lf $181.50 72 $13,068 $0.00 SUBTOTAL $13,068 $0 $0 $0
Division 6 - Wood & Plastics
Structural framing - general ls $30,000.00 1 $30,000
Reconstruct glass panel cabinet ls $4,000.00 1 $4,000
Wainscot - Restroom/Kitchen lf $235.00 85 $19,975
Interior Architectural Woodwork ls $40,000.00 1 $40,000 Existing casework materials - save misc ls $1,500.00 1 $1,500 SUBTOTAL $95,475 $0 $0 $0
Division 7 - Thermal & Moisture Protection
Sealants ls $2,500.00 1 $2,500
SUBTOTAL $2,500 $0 $0 $0
Division 8 - Doors & Windows
Surface refinish - wood doors ea $2,250.00 $0 4 $9,000.00 Rear entrance frame - widen ls $8,000.00 1 $8,000
Rear entrance - Wood door and hardware ea $5,500.00 1 $5,500 New partitions - Gyp board lf $605.00 60 $36,300
Wood Door & Wood Frame ea $7,150.00 4 $28,600
Door hardware ls $2,750.00 1 $2,750
Windows ea $3,850.00 1 $3,850
SUBTOTAL $85,000 $0 $0 $9,000
Division 9 - Finishes
Demo - Interior Walls lf $132.00 55 $7,260
Demo - Restroom/break room fixtures & finishes ls $5,500.00 1 $5,500 Demo - Frame at rear entrance ls $1,100.00 1 $1,100
Break area - General build out and finishes ls $15,000.00 1 $15,000 Break area - fixtures and appliances ls $6,000.00 1 $6,000 Resilient Flooring sf $20.90 950 $19,855 -750 -$15,675.00 Wood flooring - Patch & refinish sf $44.00 $0 750 $33,000.00 Gypsum Board - Ceilings - patch as needed sf $4.00 1019 $4,076 Gypsum Board - Ceilings - re-use crown molding ls $4,000.00 1 $4,000 Wood Base lf $15.00 130 $1,950
Painting, Interior Walls sf $9.00 1800 $16,200
Painting, Exterior Walls & Porch sf $8.00 $0 1400 $11,200.00 SUBTOTAL $80,941 $0 $0 $28,525
IITEM 8A ATTACHMENT 3
Project: Heritage House Remodel Client: Town of Los Altos Hills Town: Los Altos Hills, CA
Project No.: Date: September 12, 2024
Building Size: 1,029 SF
CONCRETE WEST SIDE PATH, STAIRS AT RAMP,
200A ELECTRICAL SERVICE UPGRADE, SITE
IRRIGATION MODIFICATIONS
PLUMBING INFRASTRUCTURE INCLUDING NEW
SANITARY LINE, WATER HEATER UPGRADE, HVAC
UNIT REPLACEMENT
PROVIDE RENOVATIONS TO EXISTING WOOD
FLOORING, MINOR INTERIOR RESTORATION WORK,
EXTERIOR PAINTING OF BUILDING
CSI DESCRIPTION UNIT PRICE QTY COST QTY abi 1 QTY abi 2 QTY abi 3 Division 10 - Specialties
Signage Interior - wayfinding ls $3,000.00 1 $3,000
Fire Extinguisher Cabinet w/Extinguisher ea $2,500.00 1 $2,500 Radio cables wiring - LMR 400 ls $8,800.00 1 $8,800
Wallpaper - retain and patch ls $4,400.00 1 $4,400
Grab Bars ea $800.00 4 $3,200 $0.00
Mirrors ea $750.00 1 $750 $0.00
Sanitary Napkin Disposal ea $500.00 1 $500 $0.00
Paper Towel Dispenser ea $700.00 1 $700 $0.00
Toilet Tissue Dispenser ea $500.00 1 $500 $0.00
Robe Hook ea $250.00 2 $500 $0.00
Baby Changing Station ea $4,250.00 1 $4,250 $0.00
SUBTOTAL $29,100 $0 $0 $0
Division 13 - Special Construction
Seismic Restraint for Piping and Equipment sf $4.50 1019 $4,586 SUBTOTAL $4,586 $0 $0 $0
Division 21 - Fire Suppression
Realign sprinkler heads ls $16,500.00 1 $16,500 $0.00
Additional sprinkler heads ea $1,500.00 2 $3,000 $0.00
5 Year Test - Requirements ls $3,500.00 1 $3,500 $0.00
Total $23,000 $0 $0 $0
Division 22 - Plumbing
Demo - plumbing infrastructure ls $7,000.00 1 $7,000 $0.00 Plumbing infrastructure - general & Water ls $15,000.00 0.5 $7,500 0.5 $7,500.00 Water heater ea $5,500.00 $0 1 $5,500.00
4" Sanitary line lf $155.00 $0 60 $9,300.00
Vent piping ls $3,500.00 0.5 $1,750 0.5 $1,750.00
Water Closets ea $3,500.00 1 $3,500 $0.00
ADA roll in shower ea $9,000.00 1 $9,000 $0.00
Lavatory ea $1,695.00 1 $1,695 $0.00
Break Room Sink (Double) ea $1,500.00 1 $1,500 $0.00
SUBTOTAL $31,945 $0 $24,050 $0
Division 23 - Mechanical
Testing & Balancing ls $3,000.00 $0 1 $3,000.00
Demo - HVAC ls $5,000.00 $0 1 $5,000.00
Condensing units ls $15,000.00 $0 1 $15,000.00
Heating units ls $13,000.00 $0 1 $13,000.00
Ductwork reconfiguration ls $14,500.00 1 $14,500 $0.00
Controls and wiring ls $4,500.00 1 $4,500 $0.00
Sealants and dampers ls $3,000.00 1 $3,000 $0.00
Refrigerant Piping ls $3,000.00 $0 1 $3,000.00
SUBTOTAL $22,000 $0 $39,000 $0
Project: Heritage House Remodel Client: Town of Los Altos Hills Town: Los Altos Hills, CA
Project No.: Date: September 12, 2024
Building Size: 1,029 SF
CONCRETE WEST SIDE PATH, STAIRS AT RAMP,
200A ELECTRICAL SERVICE UPGRADE, SITE
IRRIGATION MODIFICATIONS
PLUMBING INFRASTRUCTURE INCLUDING NEW
SANITARY LINE, WATER HEATER UPGRADE, HVAC
UNIT REPLACEMENT
PROVIDE RENOVATIONS TO EXISTING WOOD
FLOORING, MINOR INTERIOR RESTORATION WORK,
EXTERIOR PAINTING OF BUILDING
CSI DESCRIPTION UNIT PRICE QTY COST QTY abi 1 QTY abi 2 QTY abi 3 Division 26 - Electrical
Common Work Results for Electrical ls $7,500.00 1 $7,500 Demo - Electric panel & wiring ls $5,500.00 $0 1 $5,500.00 IT wall mount rack ls $8,800.00 $0 1 $8,800.00
IT data wiring prep - low voltage ls $10,000.00 $0 1 $10,000.00 Grounding & Bonding ls $2,500.00 $0 1 $2,500.00
Interior Wiring - 200A Service ls $20,000.00 $0 1 $20,000.00 Panelboards - New ea $8,500.00 $0 1 $8,500.00
Pendant Lighting Fixture - 3 bulb ea $2,100.00 4 $8,400 Wet location fixture ea $700.00 2 $1,400
Supplemental Work light ea $850.00 5 $4,250
Goblet fixture ea $750.00 2 $1,500
Dome fixture ea $1,000.00 5 $5,000
Exterior Lighting - wall pack units ea $1,000.00 2 $2,000 SUBTOTAL $30,050 $55,300 $0 $0
Division 31 - Earthwork
Site Grading - Main ramp and side walkway ls $10,000.00 1 $10,000 $0.00 SUBTOTAL $10,000 $0 $0 $0
Division 32 - Exterior Improvements
Signage - Exterior ls $2,750.00 1 $2,750
Knox Box ea $1,650.00 1 $1,650
Site Improvements - Concrete - Sidewalk sf $61.00 $0 521 $31,781.00 Site Improvements - Concrete Ramp & Landing sf $61.00 210 $12,810 $0.00 Site Improvements - Concrete Knee Wall lf $192.50 210 $40,425 $0.00 Site Improvements - Concrete Stairs ls $11,500.00 $0 1 $11,500.00 Site Improvements - Compressed Gravel patch sf $13.25 293 $3,882 Site Improvements - Wood ramp sf $71.50 160 $11,440 $0.00 Site Improvements - Posts at Ramp ea $825.00 11 $9,075 $0.00 Site Improvements - Footings at Ramp ea $1,320.00 11 $14,520 $0.00 Site Improvements - Landscape ls $2,000.00 1 $2,000 $0.00 SUBTOTAL $98,552 $43,281 $0 $0
Division 33 - Utility
Irrigation piping - Demo ls $3,400.00 $0 1 $3,400.00
Irrigation piping - Rework ls $10,000.00 $0 1 $10,000.00 SUBTOTAL $0 $13,400 $0 $0
Construction Cost Subtotal $553,367 $150,481 $63,050 $37,525 Division 1 - General Requirements & Fees
General Conditions % 11.00% $60,870 11.00% $16,553 11.00% $6,936 11.00% $4,128 Bond, Insurance & Permit % 2.00% $11,067 2.00% $3,010 2.00% $1,261 2.00% $751 Construction Contingency % 10.00% $55,337 10.00% $15,048 10.00% $6,305 10.00% $3,753 SUBTOTAL $127,274 $34,611 $14,502 $8,631
Construction Cost Total $680,641 $185,092 $77,552 $46,156
Project: Heritage House Remodel Client: Town of Los Altos Hills Town: Los Altos Hills, CA
Project No.: Date: September 12, 2024
Building Size: 1,029 SF
CONCRETE WEST SIDE PATH, STAIRS AT RAMP,
200A ELECTRICAL SERVICE UPGRADE, SITE
IRRIGATION MODIFICATIONS
PLUMBING INFRASTRUCTURE INCLUDING NEW
SANITARY LINE, WATER HEATER UPGRADE, HVAC
UNIT REPLACEMENT
PROVIDE RENOVATIONS TO EXISTING WOOD
FLOORING, MINOR INTERIOR RESTORATION WORK,
EXTERIOR PAINTING OF BUILDING
CSI DESCRIPTION UNIT PRICE QTY COST QTY abi 1 QTY abi 2 QTY abi 3 Summary Subtotal
Division 1 - General Requirements & Fees $127,274 123.69 Division 2 - Site Construction $27,150 26.38
Division 5 - Metals $13,068 12.70 GRAND TOTAL W/ ABIS $989,440 Division 6 - Wood & Plastics $95,475 92.78
Division 7 - Thermal & Moisture Protection $2,500 2.43
Division 8 - Doors & Windows $85,000 82.60
Division 9 - Finishes $80,941 78.66
Division 10 - Specialties $29,100 28.28
Division 13 - Special Construction $4,586
Division 21 - Fire Suppression $23,000 22.35
Division 22 - Plumbing $31,945 31.04
Division 23 - Mechanical $22,000 21.38
Division 26 - Electrical $30,050 29.20
Division 31 - Earthwork $10,000 9.72
Division 32 - Exterior Improvements $98,552 95.77
Division 33 - Utility $0 0.00
TOTAL $680,641 $ 661.46 per SF
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
THE KPA GROUP
THIS AMENDMENT NO. 1 TO THE SERVICES AGREEMENT is made at Los Altos Hills, California, as of ____________, 2024, by and between THE TOWN OF LOS ALTOS HILLS (“Town”), a municipal corporation, and THE KPA GROUP. (“Consultant”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On December 14, 2024, Town and Consultant entered that certain Services Agreement (“Agreement”) whereby Consultant agreed to provide consulting services to the Town for the Heritage House Upgrade. A true and correct copy of the Agreement and its exhibits is attached as Attachment A.
B. Town and Consultant 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 Consultant 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 1.1 of the Agreement is hereby modified as follows: The Agreement shall be terminated with the completion of SCOPE OF WORK of the original Agreement and Amendment No. 1 Items described in Attachment B or by December 31, 2025, whichever is sooner.
3. Compensation. The compensation specified in Section 2 of the Agreement is hereby modified as follows: The original Agreement compensation sum is $100,000. An additional amount of $86,810 is added to the project per this Amendment No. 1. Town hereby agrees to pay Consultant a sum not to exceed $186,810, notwithstanding any contrary indications that may be contained in the original agreement and the Consultant’s proposal dated September 12, 2024 (Attachment B) to be performed and reimbursed costs incurred under this Agreement.
4. Scope of Work. Additional scope of services described in Consultant’s proposal (Attachment B) to be added to the Agreement - Exhibit A: Scope of Services.
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. [SIGNATURES ON THE FOLLOWING PAGE]
ITEM 8A ATTACHMENT 4
Dated:
TOWN OF LOS ALTOS HILLS The KPA Group
By:
Peter Pirnejad, City Manager
By:
Paul Powers, Principal
Attested:
By:
Arika Birdsong-Miller,
City Clerk
Consulting Services Agreement between December 14, 2023 Town of Los Altos Hills and The KPA Group Page 1 of 13
CONSULTING SERVICES AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
THE KPA GROUP
THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills (“Town”) and The KPA Group (“Consultant”) (together sometimes referred to as the “Parties”) as of December 14, 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 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, 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 in the manner and 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.
Section 2. COMPENSATION. Town hereby agrees to pay Consultant a sum not to exceed One Hundred Thousand Dollars ($100,000.00), 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 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.
ATTACHMENT A
Consulting Services Agreement between December 14, 2023 Town of Los Altos Hills and The KPA Group Page 2 of 13
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.
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.
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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 A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $_________. 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 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.
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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, 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 Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
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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 $1,000,000 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 shall 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.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.
4.4 All Policies Requirements.
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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 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 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 certified 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 December 14, 2023 Town of Los Altos Hills and The KPA Group Page 7 of 13
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, 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 Consultant, (“Claims”). Consultant 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.
With respect to third party claims against the Consultant, the Consultant 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 Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
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.
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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 and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’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, 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 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.
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Consultant may cancel this Agreement upon thirty (30) 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 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 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 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
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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, 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
Consulting Services Agreement between December 14, 2023 Town of Los Altos Hills and The KPA Group Page 11 of 13 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.
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 WooJae Kim, Public Works Director ("Contract Administrator"). All correspondence, communications and
Consulting Services Agreement between December 14, 2023 Town of Los Altos Hills and The KPA Group Page 12 of 13 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:
Paul W. Powers, President
6700 Koll Center Parkway, Suite 125
Pleasanton, CA 94566
Any written notice to Town shall be sent to:
WooJae Kim, Public Works Director
Town of Los Altos Hills
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 "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, 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
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 December 14, 2023 Town of Los Altos Hills and The KPA Group Page 13 of 13 The Parties have executed this Agreement as of the Effective Date.
TOWN OF LOS ALTOS HILLS CONSULTANT
____________________________ ______________________________ Peter Pirnejad, Town Manager Paul W. Powers, President
Attest:
____________________________
Deborah Padovan, Town Clerk
Approved as to Form:
____________________________
Steven T. Mattas, Town Attorney
1071914.1
Consulting Services Agreement between December 14, 2023 Town of Los Altos Hills and The KPA Group--Exhibit A Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
REQUEST FOR PROPOSAL FOR
TOWN OF LOS ALTOS HILLS
HERITAGE HOUSE UPGRADE
PROFESSIONAL DESIGN
SERVICES
OCTOBER 24, 2023
The KPA Group
PRIMARY CONTACT NAME:
PAUL POWERS
EMAIL ADDRESS:
[email protected]
PHONE NUMBER:
(925) 872-0244
CALIFORNIA S-CORPORATION
6700 KOLL CENTER PARKWAY, SUITE 125
PLEASANTON, CA 94566
KPA THE KPA GROUP
E N G I N E E R S
A R C H I T E C T S
Cover Letter
1. Introduction and Approach
2. Qualifications
3. Resumes
4. Work Plan
5. Cost Proposal
6. Town’s Standard Consultant Agreement Exemptions or Revisions 1 3
9 14
20 22
TABLE OF CONTENTS
6700 KOLL CENTER PKWY #125, PLEASANTON, CA 94566
PHONE: (925) 872-0244 WWW.THEKPAGROUP.COM
COVER LETTER
KPA THE KPA GROUP
E N G I N E E R S
A R C H I T E C T S
October 24, 2023
Melissa Elian-Carrillo, Assistant Engineer
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Subject: Request for Proposal - Heritage House Upgrade Professional Design Services Dear Ms. Elian-Carrillo:
The KPA Group is proud to present our professional qualifications for dependable architectural and engineering design services for the Heritage House Upgrade in the Town of Los Altos Hills. KPA is a full-service architectural firm with over 36 years of experience and is located nearby in Pleasanton. We are currently working on projects in the neighboring cities of Menlo Park, San Mateo and the Town of Los Gatos and it would be our pleasure to partner with the Town of Los Altos Hills for improvements at the Heritage House.
KPA understands the importance of the Heritage House Upgrade project as this will bring new collaborative focus to the Los Altos Hills community and operations. Our project experience is broad, and our skill set includes new construction, building modernizations, renovations, re-purposing and retrofits, HVAC and ADA upgrade improvements and cost estimating. We are familiar with the scope of services required by the Town to complete this project and will strive to provide environmentally friendly solutions that is considerate to existing constraints and opportunities. KPA has worked to provide design and planning services for multiple historic facilities in the Bay Area. Most recently, we have worked with the Town of Ross for planning and construction considerations related to their historic 1927 Town Hall facility.
Los Altos Hills requires a knowledgeable professional team to manage and coordinate architectural and engineering design of the Heritage House Upgrade and to advise and assist officials, stakeholders and public committee members to make informed decisions. The KPA Group will work closely with all parties to address sensitive historic considerations pertaining to the Heritage House, develop sound solutions to achieve site and building accessibility compliance and to help maintain project goals and intent. Our team fully comprehends and is successful in balancing the complexities of aesthetics and functionality with budget in mind. We are highly skilled in supporting all phases of design, the preparation of contract documents and specifications, permit approvals and public bid assistance, and construction administration support. We are happy to host and prepare discussion and presentation materials for committee meetings.
The KPA Group is excited to submit our proposal and qualifications and are confident in our ability to deliver responsive and personalized services to upgrade the Heritage House. We encourage you to check our references and gauge our interest in your exciting work. KPA looks forward to the opportunity to develop our professional relationship with your special Town and improve the Heritage House for current and future generations.
Sincerely,
Paul W. Powers, NCARB
President
(925) 872-0244
[email protected]
6700 Koll Center Parkway, Suite 125
Pleasanton, CA 94566
1. INTRODUCTION & APPROACH 1
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
The KPA Group
6700 Koll Center Pkwy, Suite 125
Pleasanton, CA 94566
(925) 223-8217 ext. 220
www.thekpagroup.com
19 87
19 92
19 96
19 99
20 02
20 04
20 07
20 08
20 09
20 11
20 13
20 14
20 20
15 The KPA Group was
FOUNDED by Hratch
Kouyoumdjian.
AVIATION
SERVICES
were added.
ARCHITECTURE
SERVICES
were added.
MARTIN LUTHER KING
JR. PLAZA California Preservation
Foudation Award
TOP 10 “BEST FIRMS
TOWORK FOR” Structural Engineering Magazine
SFO
SECURE PASSENGER
CONNECTOR BUILDING First Design/Build project
COLLEGETERRACE
LIBRARY
Palo Alto Stanford Heritage
Renovation Award
SFO TERMINAL 3
BERT MOONEY
TERMINAL
BOARDING AREA E International Partnership
Institute Ruby Award
THE ROUTUNDA
BUILDING California Preservation
Foundation Award
ALAMEDA COUNTY JUVENILE
JUSTICE CENTER
First US Detention Center
to achieve LEED Gold
CONTRA COSTA COUNTY
HUMAN SERVICES
RENOVATION DBI Award of Excellence
& First county Design/Build
30 & 40 MUIR RD
MODERNIZATION
EAST COUNTY HALL
OF JUSTICE
VETERANS AFFAIRS
BROADWAY
BUILDING
TRANSAMERICA
PYRAMID
THE
FEDERAL
OFFICE
BUILDING
SFSU
PSYCHOLOGY
BUILDING
OAKLAND
INT’L AIRPORT
SWAN’S MARKET
DALZIEL BUILDING
RICHMOND
CIVIC CENTER
FOXTHEATER
SAN FRANCISCO
INT’L AIRPORT
EAST COUNTYHALL
OF JUSTICE
ACEC-Montana Trasportation
Honor Award
20 CONTRA COSTA COUNTY
TERMINAL/ARFF
20 19
ARCATA / EUREKA
ARFF BUILDING
ARCATA / EUREKA
ARFF BUILDING
BERT MOONEY TERMINAL
CCR TERMINAL/ARFF
17 21
Summary Description of Firm
The KPA Group is a certified Small Business Enterprise (SBE) California Corporation centrally located in Pleasanton, CA. The firm offers fully integrated Engineering, Architecture, Planning and Project Management services to both public and private sectors. Our commitment to personal service throughout the project delivery process has established KPA as a strong and reliable partner for architectural and engineering services, facility improvements, site alternations, feasibility analyses, cost estimating and other related services.
Areas of Services
The KPA Group is driven by passion for design and expertise in technical services such as:
• Architectural design (schematic design to construction documentation)
• Accessibility (ADA) compliance assessments
• ADA transition planning
• Building systems engineering
• Code analysis & application
• Community master planning
• Construction administration
• Cost estimating
• Environmental analysis and CEQA support
• Facility assessments and management
• Facility master planning & CIP
• Field investigation & mapping
• Field topography surveys
• Historic preservation design
• Permitting & bidding support
• Procurement requirements
• Public engagement
• Renovation & rehabilitation design
• Seismic retrofit assessment & design
• Space planning, programming and conceptual plans
• Sustainability/LEED study and design
• Structural engineering
• Urban design & planning
Timeline
Founded in 1987, The KPA Group is proudly celebrating 36 years of architectural engineering and design. KPA provides innovative solutions and enjoys repeat business from a variety of public clients.
INTRODUCTION
1. INTRODUCTION & APPROACH 2
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
On-Call Services
Understand client
needs &
expectations
Verify scope &
schedule
Team Setup
Identify & commit
KPA personnel
Maintain personnel
exibility
Provide backup plan
Schedule
Monthly &
weekly
schedules
Communication
Update client
communications
regularly
Timely reviews
Quality
Checked by
Principal
Bring matters to
client’s attention
Timely responses
& clari
cations
Construction
Site visits & reports
Additional
requested services
VALUE POSITION
The KPA Group team brings to the Town of Los Altos Hills a team of highly skilled, knowledgeable, enthusiastic
and committed experts that will collaborate with the
Town’s officials stakeholders and public committees to
assess, explore, develop, design, and deliver functional and effective projects. Fundamental to our approach is
true commitment to collaboration and team diversity.
We establish and nurture a dynamic partnership based
on trust, effective communication, transparency, and a
shared interest in delivering exceptional building and
architectural work.
APPROACH
Please refer to the Work Plan section for our detailed project approach. As an overview of services, KPA will provide:
Architecture Services
Architecture Services begin with a thorough understanding of the Town’s intent, objectives and relative budget. KPA will listen to obtain overall project goals and parameters while communication channels are established. For design projects, we recommend recurring update meetings on a weekly or biweekly basis which can also act as collaborative workshops when appropriate. The design stage typically involves conceptual, schematic, design development and construction documents phases. Through collaborative meetings with the Town, confirmed programs and complete concepts will be developed to guide design understanding among all parties involved. KPA is experienced in coordinating efforts across many levels of stakeholder input leading to clear definition of goals and potential actions. Future opportunities are identified where possible to address considerations that may not have been identified in initial project scopes. Programming meetings will be held with the Town project teams as appropriate to review concepts and outline opportunities. Discussion topics will be clearly outlined on an agenda produced in-house. For this project, architectural services will include:
• Conducting pre-design meetings with stakeholders to gather requirements and establish project goals • Reviewing the Town’s concept design to validate that the design meets requirements and meet stakeholder expectations
• Refining the design through design development and feedback to ensure alignment with project objectives • Preparing comprehensive construction documents, including detailed drawings and technical specifications • Supporting permit review process by responding to plan check comments and resubmitting updated documents and specifications
• Assisting with bidding processes, including preparing bid documents and evaluating contractor proposals • Ensuring contract documents compliance by monitoring construction and verifying against project specifications • Coordinating with local authorities, utility companies, and other relevant parties for necessary permits and approvals • Overseeing project management services throughout design, pre-construction, construction, and procurement stages • Providing construction period services, including site visits, progress reports, and addressing design issues • Overseeing the project punch list and close-out procedures
OUR WORK PROCESS
2. QUALIFICATIONS 3
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
RELEVANT PROJECT EXPERIENCE
Full Design Services, Bidding and Construction Support
Complete design services for specific client needs that will enrich the community, better maintenance operations and otherwise improve facilities is provided by KPA. We understand the importance of designing with a focus on east of maintenance and longevity. KPA leverages staff on an as-needed basis to allow for quick turnaround on short notice items should unforeseen conditions arise. Our firm undergoes a complete design process with review stages at multiple submissions (35%, 60%, 95%, 100%) for each task order or Project.
Cost Estimating and Scheduling
Controlling budget and schedule starts with experience in accurate project service projections. Success in similar design endeavors allows KPA to form accurate estimates aligning service and time requirements for specific tasks. Obtaining a solid handle on cost knowledge and control will facilitate project modification processes for the UC Davis Health and allow for quick alignment of scope with budgetary needs.
Communication, Coordination and Consultation
KPA understands the importance of meaningful communication channels between all parties involved. Meeting minutes and reports benefit client insight for employees and can lead to better stakeholder and public understanding based on applicable projects. Our process of engaging community and stakeholder participation among various agencies has led to the inclusion of customized elements in past projects.
Field Investigations, Assessment and Feasibility Analysis KPA performs facility condition assessments and site condition assessments in house. We review various building and site condition elements and rate items on a scale from poor (1) to excellent (5). Condition assessments are documented and tailored to client needs. KPA facilitates the preliminary design process by discussing kickoff options with the client including site observations, investigations, surveys, worksheets and in-person workshops. Data obtained is used to reorganize, relocate, or otherwise improve site and spaces. Design options and concept diagrams are produced and presented for discussion.
General Architecture Services
KPA’s experience providing architectural and engineering services public clients stems from multiple years of working with various public entities to complete individual task orders or projects under similar contracts. Since inception, public projects have been a the most significant component of KPA’s annual workload. KPA maintains current project agreements with a number of entities in California similar to the Town of Los Altos Hills.
Current KPA Public Clients:
City of Cupertino
Town of Ross
San Jose State University
City of Tracy
Town of Los Gatos
• Consultation with agencies
• Facilities condition assessments
• Field investigations
• Feasibility studies (concept & budget)
• Capital Improvement Program
• Civic Center Master Planning
• Space Programming
• Public Outreach
• Committee Meetings
• Site Tours
• Cost Estimating
• Master Planning
• Facilities condition assessments
• Temporary Emergency Housing
• Site Utility Engineering
• Field investigations
• Development of full construction
drawings and specifications and CA on
multiple projects
• Permitting processes
• Accessibility compliance
• Feasibility analysis
• Assessment and feasibility study
• Facility modernizations
• Working with user groups
• Construction Administration
County of San Mateo
City of Newark
City of Richmond
County of Mariposa
Town of Los Gatos
County of Monterey
City of Eureka
City of Tracy
County of Santa Clara San Mateo County Airports
City of Menlo Park Stanislaus County County of Contra Costa
2. QUALIFICATIONS 4
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
HIGHLIGHTED DESIGN EXPERIENCE
Contracting Agency: Town of Ross
Contracting Agency Project Manager: Christa Johnson, Town Manager Contracting Agency Contact Info: [email protected] Contract Amount: $163,000
Funding Source: Town of Ross Operating Budget
KPA Project Manager and Contact Info: Lisa Lim, [email protected] Project Description: The Town of Ross commissioned KPA to prepare a Facilities Master Plan (FMP) to highlight the Civic Center property as a gateway to their unique town. The planning requirements were to define programmatic space needs, address municipal facility inefficiencies, facilitate emergency services, enhance customer convenience and correct site deficiencies to improve pedestrian, bike and vehicular circulation. KPA produced several site concept options for Town Council preview and input after site investigations, interviews and stakeholder meetings. KPA has planned public outreach and engagement efforts including tours of the existing site.
Project Outcome: The project concluded with the Council’s approval for the preferred FMP Concept that will be further developed as a separate design project.
Contracting Agency: County of San Mateo, Department of Public Works Contracting Agency Project Manager: Tory Newman, Senior Project Manager Contracting Agency Contact Info: [email protected]
Contract Amount: $341,000
Funding Source: County of San Mateo Public Works Department KPA Project Manager and Contact Info: Paul W. Powers, [email protected] Project Description: The KPA Group supported the County of San Mateo to plan the construction of the new Radio Shop and administration offices in their existing Grant Yard. According to the County’s ideal program and plan, and after the feasibility analysis and evaluation of the existing plan and site conditions, KPA provided several program concepts and planning options with a report that outlined the pros and cons for each option individually. KPA served the County with the evaluated preliminary planning data and provided additional concepts and feasibility analysis to prepare for the further development of the site.
Project Outcome: The project’s construction commenced in 2021.
Contracting Agency: Mariposa County
Contracting Agency Project Manager: Matt Hespenheide, County Engineer Contracting Agency Contact Info: [email protected] Contract Amount: $67,000
Funding Source: Mariposa County Engineering
KPA Project Manager and Contact Info: Lisa Lim, [email protected] Project Description: KPA is currently working with the County of Mariposa to develop improvements to a site containing historic structures currently occupied by the County Probation Department. The structures housing the department were constructed in 1873 and are highly valued by the neighborhood and surrounding community. KPA is assisting the County with a phased design effort to conceptually define opportunities and solutions to enhance office space while maintaining the historic structures.
Project Outcome: After review of a number of concepts with County Engineering and Probation department staff, the Board of Supervisors directed staff to continue advancement of the design concept outlining a new two-story building to be built behind the existing structures which would be reused for other County functions.
Civic Center Master Plan, Town of Ross (2022-2023)
Radio Shop - Feasibility, Design & Construction, San Mateo County (2019-2020) Probation Department - Phase 1 Design Services, Mariposa County (2023-Present) I. Executive Summary
12 COUNTY OF MARIPOSA
PROBATION DEPARTMENT IMPROVEMENT CONCEPT STUDY
Concept 2 (County Preferred Option)
Concept Option 2 was selected as the preferred option by the County and Probation Department to receive further consideration and development. This option maximizes the existing site while maintaining both historic buildings in their respective locations. Detailed site diagram of the proposed new expansion concept is illustrated below.
2. QUALIFICATIONS 5
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
X X X X
ELEC/JANITOR
OFFICE
OPEN OFFICE
STORAGE 1 STORAGE 2
MECH
LOBBY
RECEPTION
PRESENTATION
KITCHENETTE
COPIER
REF
DRINKING
FOUNTAIN
ALL GENDER
RESTROOM
ALL GENDER
RESTROOM
MW
TELECOM
2023.08.02
FAMILY RESOURCE CENTER
RENOVATIONS
PROPOSED FLOOR PLAN
SK
MOP
SINK
COUNTER
SMART
BOARD/TV
BY OWNER
(E) ONE-WAY
GLAZING
CHAINLINK FENCE
SPACE DIVIDER
(N) PARTITION, TYP.
Scope of Services
Project Management
Architectural Design
Interior Design
Civil Engineering
Landscape Architecture
Structural Engineering
MEP Engineering
Permitting and Bidding
Client Contact
City of Newark
Roya Gonzalez, Administrative Analyst
Office (510) 578-4200 Direct (510) 578-4284
[email protected]
Description
The KPA Group is providing design, space planning
and ADA improvements to re-purpose the existing
Ash Street Recreation Center community building for
use by as a Family Resource Center. The scope of work
includes replacement of the mechanical equipment,
exterior building repairs and new paint, site and building ADA compliance, addition of a new kitchenette, entry
lobby and reception area, and front and rear yard
improvements. A revised design for access along the
adjacent Ash Street is provided. The renovations also add compliant ADA parking, path of travel and a new drop
off lane to facilitate donation operations at the adjacent Viola Blythe building. This project is currently in the construction documents phase and is expected to start
construction by early 2024.
Newark Family Resource Center Renovations
City of Newark, California (2023)
2. QUALIFICATIONS 6
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
II. Existing Conditions/Systems
The condenser water system is provided by a closed
loop cooling tower and natural gas-fired boiler. The
cooling tower is located in a mechanical yard within
a fenced enclosure. The cooling tower is rated for
360 gallons per minute (GPM) with 8 degrees F
range and 9 degrees F approach. The boiler has a
factory mounted recirculation pump and is located
in the mechanical room. The condenser water basemounted pumps are also located in the mechanical room. Condenser water supply and return piping is
routed from the mechanical yard below grade to the
mechanical room and from the mechanical room to
the water source heat pump units located above the
first and second floor ceilings. The cooling tower
and the boiler are controlled by programmable
timeclocks.
FIGURE 3: Existing Cooler Tower
FIGURE 4: Existing Boiler
IV. Cost Estimate
CITY OF TRACY 27 POLICE DEPARTMENT HVAC STUDY
OPTION A
The engineer’s estimated cost of construction is $1,481,790.
Estimate does not include cost for structural modifications.
City of Tracy
Description & Breakdown QTY Unit Unit Price Cost SUBTOTAL Unit Relocation - Estimated Eight (8) Units 8 EA $ 4,000.00 $ 32,000.00 Ductwork Modifications due to Relocation -
Minimal 1 LS $ 35,000.00 $ 35,000.00
Piping Modifications due to Relocation - Minimal 1 LS $ 15,000.00 $ 15,000.00 Ceiling System - Tiles Replacement at Areas of
Damage 8 EA $ 1,500.00 $ 12,000.00
Paint Refinish - Damaged Areas 1 LS $ 7,500.00 $ 7,500.00 Interior Partition Walls - Repair 1 LS $ 40,000.00 $ 40,000.00 $ 141,500 $ 141,500
* NO STRUCTURAL WORK ANTICIPATED - OPTION A 1 LS $ - $ - $ - $ -
Demolition - Existing HVAC Units 33 EA $ 2,100.00 $ 69,300.00 Demolition - Existing Ductwork 330 LF $ 26.00 $ 8,580.00 HVAC Equipment - Water Sourced Heat Pump Units 1 LS $ 284,000.00 $ 284,000.00 HVAC Test and Balance - HVAC Equipment Balance 33 EA $ 605.00 $ 19,965.00 Ductwork - 24 ga. Galvanized Steel, with supports,
fittings, fabrication & installation 3,300 LB $ 21.80 $ 71,940.00 Miscellaneous - Thermostat 33 EA $ 395.00 $ 13,035.00
City Cost Factor (3.53%) 1 EA $ 16,479.00 $ 16,479.00
Sales Tax (8.25%) 1 EA $ 38,513.00 $ 38,513.00
General Conditions (8%) 1 EA $ 37,346.00 $ 37,346.00
Bond, Insurance, Overhead & Profit (18%) $ 100,648.44
$ 659,806 $ 659,806
Demolition - Minor Electrical Demolition 33 EA $ 500.00 $ 16,500.00 HVAC Equipment - Reconfigured circuit breakers
and feeders 33 EA $ 2,670.00 $ 88,110.00
HVAC Equipment - Fused Disconnects 33 EA $ 1,560.00 $ 51,480.00 City Cost Factor (3.53%) 1 EA $ 5,510.00 $ 5,510.00
Sales Tax (8.25%) 1 EA $ 12,877.00 $ 12,877.00
General Conditions (8%) 1 EA $ 12,487.00 $ 12,487.00
Bond, Insurance, Overhead & Profit (18%) $ 33,653.52
$ 220,618 $ 220,618
COST ESTIMATE - TRACY POLICE DEPARTMENT HVAC IMPROVEMENTS - OPTION A
MECHANICAL
SUBTOTAL - Mechanical
ARCHITECTURAL
SUBTOTAL - Architectural
6/28/2023 Prepared by The KPA Group
ELECTRICAL
SUBTOTAL - Electrical
SUBTOTAL - Structural
STRUCTURAL
1 of 2
Scope of Services
Project Management
Facility Assessment
Architectural Design
Structural Engineering
MEP Engineering
Client Contact
City of Tracy, Development Services
Ilene Macintire, Senior Civil Engineer - Engineering
Division
Office (209) 831.6454 Mobile (510) 427-8700
[email protected]
Description
The City of Tracy commissioned the KPA Group to prepare a HVAC study for the Police Department building. The
scope of work for this study involved field investigations of the existing HVAC system which are water source heat pump units located above an acoustical ceiling system.
Following system analysis and evaluations, options and
recommendations were made to the City for replacement
of the rapidly failing HVAC system. New equipment
to cool existing Telephone room which is currently
unconditioned was also recommended. Cost estimates
were provided as part of the project to identify specific costs among options and understand impacts of existing
building components based on specific options selected.
The study is completed and currently awaiting funding to proceed with next phase of design.
Tracy PD HVAC Study
City of Tracy, California (2023)
IV. HVAC Options
CITY OF TRACY 22 POLICE DEPARTMENT HVAC STUDY
FIGURE 17: Second Floor Reflected Ceiling Plan
2X4 LAY-IN CEILING
2X2 LAY-IN CEILING
SUPPLY AIR
RETURN AIR
EXHAUST FAN
2x4 LIGHT FIXTURE
2X2 LIGHT FIXTURE
LIGHT STRIP
RECESSED LIGHT
LIGHT PENDANT
EXIT SIGN
ACCESS PANEL
HEAT PUMP UNIT
LEGEND
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
2. QUALIFICATIONS 7
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
Scope of Services
Project Management
Architectural Design
Interior Design
Civil Engineering
Structural Engineering
MEP Engineering
Permitting and Bidding
Construction Administration
Client Contact
County of Monterey
Dave Pratt, Project Manager - Public Works
(831) 796-6091
[email protected]
Description
The County of Monterey operates a Public Works yard
in the community of San Ardo. The KPA Group was
commissioned by the County to investigate existing
conditions, prepare design alternatives for consideration and then complete construction documents for the
preferred concept. The scope of work includes concrete
surface repairs, the addition of a functional covered open storage area, replacing a sliding garage door with new
overhead door and man door, addition of an accessible
parking stall, an accessible single accommodation toilet room, and interior improvements. The project is currently being bid and construction administration services will start soon after contracts are in place.
Monterey County Public Works Renovations - San Ardo
San Ardo, California (2023)
2. QUALIFICATIONS 8
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
VAPAHCS Sunnyvale Office Building Retrofit and Expansion Sunnyvale, California (2017, 2020-2021 - Phased)
Description
This project involves the remodel and conversion of an
existing two-story 50,000 SF 1960’s office building. It also includes the design of a 7,000 SF lobby addition
and a 19,000 SF two-story office addition. The design
establishes many new systems such as site infrastructure, electrical and gas service, site fire hydrant system, storm water drainage system and fire protection extensions to the existing and new additions. Future planning for the project takes into account considerations for additional office space, on-site parking and a new parking structure.
The facility will be used as a new administrative Bay Area office for the Department of Veterans Affairs.
Scope of Services
Project Management
Architectural Services
Interior Design
Construction Administration
Structural Engineering
Civil and MEP Engineering
Geotechinical Survey
Permitting and Bidding Process, including CEQA
Client Contact
Department of Veterans Affairs, SFVAMC
Dennis Becker, Manager, VAPAHCS Contracting Officer
925-372-2307
[email protected]
D. PROJECT TEAM AND QUALIFICATIONS 21
ON-CALL A&E CONSULTANT SERVICES
COUNTY OF MARIPOSA, CA | THE KPA GROUP
VAPAHCS Sunnyvale Office Building Retrofit and Expansion Sunnyvale, California (2017, 2020-2021 - Phased)
Description
This project involves the remodel and conversion of an
existing two-story 50,000 SF 1960’s office building. It also includes the design of a 7,000 SF lobby addition
and a 19,000 SF two-story office addition. The design
establishes many new systems such as site infrastructure, electrical and gas service, site fire hydrant system, storm water drainage system and fire protection extensions to the existing and new additions. Future planning for the project takes into account considerations for additional office space, on-site parking and a new parking structure.
The facility will be used as a new administrative Bay Area office for the Department of Veterans Affairs.
Scope of Services
Project Management
Architectural Services
Interior Design
Construction Administration
Structural Engineering
Civil and MEP Engineering
Geotechinical Survey
Permitting and Bidding Process, including CEQA
Client Contact
Department of Veterans Affairs, SFVAMC
Dennis Becker, Manager, VAPAHCS Contracting Officer
925-372-2307
[email protected]
3. RESUMES 9
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
TEAM ORGANIZATION & APPROACH
The KPA Group will provide a team of experienced architectural and engineering professionals for the Town of Los Altos Hills.
This primary project team includes sub-consulting professionals in respective disciplines and KPA will engage individual subconsultants as warranted by project requirements. Key team members are well-versed in project communications and provide practiced and responsible direction and oversight to additional KPA team members. Paul Powers will oversee each project and together with Sr. Project Manager Lisa Lim, organize and lead individual design and improvement projects. Matt Evans will oversee field verifications and assessment efforts. This same team has worked with KPA on multiple building renovations, facility modernizations, and site alternations.
Paul Powers
Principal-in-Charge, Project Manager
The KPA Group
Jessica Tyler
Senior Project Architect
Hadit Broadney
Project Designer/Analyst
Marty Baker
Senior Technical Designer
Town of Los Altos Hill
PROJECT MANAGEMENT & COORDINATION
ARCHITECTURAL & INTERIOR TECHNICAL DESIGN
Vince Paske
Senior Graphic Designer
RENDERINGS & VISUALIZATION
Lisa Lim
Senior Project Manager
Matthew Evans
Senior Project Associate
PLANNING & BUDGET
Daniel Herms
Technical Designer
Sub-Consultants
Keith A. Pharis
Senior Electrical
Engineer
ELECTRICAL
ENGINEERING
MECHANICAL
ENGINEERING
Dan Reiter
Senior Mechanical
Engineer
STRUCTURAL
ENGINEERING
Eugene Tuan
Senior Structural
Engineer
The KPA Group partners with sub-consulting professionals based upon specific project needs. We work closely with structural engineers, mechanical/plumbing engineers, electrical engineers, geotechnical engineers, CASp professionals, and other consulting engineers regularly. We have the capability and capacity to tailor our sub-consulting project team based on individual project needs or task agreements. KPA regularly reviews project goals with sub-consultants to promote productive communication and increased project efficiency. Our Senior Project Associate Matthew Evans directly communicates with sub-consultants on a daily basis for team coordination. The KPA design team also schedules weekly engineering meetings with sub-consultants as required.
3. RESUMES 10
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
RESUMES OF KEY PERSONNEL
Team Member Title/
Registration Description Related Experience
Paul W. Powers,
AIA, NCARB
The KPA Group
Title
Principal in Charge /
Project Manager /
Architect
License/Registration
Architect C29713
Affiliation
AIA, NCARB
Years of Experience
30+ Years
10 Years with KPA
Education
Master of Architecure
Paul Powers has collaborated with dozens of towns,
cities and counties over the past 30 years to complete
a wide range of public projects. A highly-skilled project manager, Paul is responsible for a broad range of
professional services including assessment, planning,
programming, analyzing existing buildings, space
planning, project design, interior design, and the
development of construction drawings and
specifications. Paul has specialized skills in contract administration and coordination, integrating
engineering services, construction cost estimation, and construction administration. His project experience
ranges from aviation to military support facilities,
vehicle maintenance and storage facilities; county
highway garages; public works, postal, and park
facilities; schools and civic services facilities; and
corporate and commercial offices.
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City of Tracy Citywide Public Facilities
Assessment & Master Plan, City of Tracy
City of Eureka Citywide Public Facilities
Condition Assessment and Master Plan, City
of Eureka
Comprehensive Facilities Condition
Assessment and Master Plan, City of
Cupertino
VA Sunnyvale R&D Campus Office Expansion,
Sunnyvale
South Napa Shelter ADA and HVAC
Improvements, Napa
County of San Mateo New Radio Shop,
Redwood City
Contra Costa County New Terminal Building
and ARFF, Buchanan Field Airport, Concord
Lisa Lim
The KPA Group
Title
Senior Project
Manager
Years of Experience
25 Years
6 Years with KPA
Education
B.A Architecture
Lisa has over 25 years of experience in design and
management of a wide range of projects for both
public and private sectors. She is involved in existing building analyses, feasibility studies and reports, space planning, client standards, project design, interior
design, constructability peer reviews, cost estimating, and construction administration. Her broad project
experience allows her to see the big picture but still
focus on the finer details and all moving parts which
will serve the project well.
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City of Watsonville Citywide Facilities
Assessment
VA Functional Realignment Alignment Study,
Palo Alto Campus
Frederiksen Elementary School Feasibility
Study for Campus Replacement, Dublin
DUSD District Offices Facilities Condition
Facilities Condition Assessment and
Modernization Design Ping Yuen Housing,
San Francisco
PG&E Training and Conference Center
Improvements, San Ramon
Port of Oakland M102 Administrative Office
Renovations, Oakland International Airport,
Oakland
Dublin Unified School District Administrative
Office Conditions Assessment and
Modernization Design, Dublin
Matthew Evans
The KPA Group
Title
Senior Project
Associate
Years of Experience
9 Years
9 Years with KPA
Education
B.S. Environmental
Science
Matthew Evans brings environmental science expertise
which helps shape sustainable solutions by gathering
geographical and technical data and applying it to
building improvements and design. Matt works to
provide field visit, cost estimates and planning reports on a regular basis. Matt’s knowledge of a wide variety
of services benefits the team on-site with trust and
professionalism. He works closely with architects,
planners, and engineers to help meet the client’s
goals.
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City of Tracy Citywide Public Facilities
Assessment & Master Plan, City of Tracy
City of Eureka Citywide Public Facilities
Condition Assessment and Master Plan, City
of Eureka
Comprehensive Facilities Condition
Assessment and Master Plan, City of
Cupertino
City of Tracy Temporary Emergency Housing,
City of Tracy
County of San Mateo 795 Skyway Road Office
Building Remodel, San Carlos
Monterey Public Works Yard Improvements,
San Ardo
3. RESUMES 11
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
Team Member Title/
Registration Description Related Experience
Jessica Tyler,
AIA, NCARB,
LEED AP
The KPA Group
Title
Senior Licensed
Architect
Affiliation
AIA, NCARB
LEED AP
Years of Experience
25 Years
10 Years working with
KPA
Education
Master of Architecture
Jessica Tyler brings to the team over 20 years of
architectural design and technical detailing experience.
Jessica has been the lead architect for award winning
and complex public and military projects. She provides
an understanding of how to complete projects and
meet the ever-changing complexities of project
compliance. Jessica has dedicated her career to
learning codes, standards and technical detailing to
improve project and building performance. She works
consistently to improve quality and understanding.
Jessica will review architectural drawings and
documents, assess facility conditions and architectural improvements, and conduct code review for your
public facilities.
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City of Tracy Citywide Public Facilities
Assessment & Master Plan, City of Tracy
City of Eureka Citywide Public Facilities
Condition Assessment and Master Plan, City
of Eureka
Comprehensive Facilities Condition
Assessment and Master Plan, City of
Cupertino
City of Tracy Temporary Emergency Housing,
City of Tracy
County of San Mateo 795 Skyway Road Office
Building Remodel, San Carlos
Hadit Broadney,
NCARB
The KPA Group
Title
Senior Project
Analyst/Designer
Affiliation
AIA, NCARB
Years of Experience
9 Years
4 Years with KPA
Education
Master of Architecture
Hadit Broadney has extensive experience in
architectural and interior design for public agencies.
Hadit will lead department and public engagement
including surveys and outreach processes. As Project
Analyst and Designer, she will create planning and
design concepts to assist building users and the Town
in better understanding of site and space needs. She
will work with the team on the production of the
documentation of data collection and improvement
analysis. Her careful consideration for true outcomes
will lead to effective and efficient improvement
solutions for county facilities.
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City of Tracy Citywide Public Facilities
Assessment & Master Plan, City of Tracy
City of Eureka Citywide Public Facilities
Condition Assessment and Master Plan, City
of Eureka
Comprehensive Facilities Condition
Assessment and Master Plan, City of
Cupertino
Humboldt County Facilities Condition
Assessment and Master Planning, County of
Humboldt
Los Gatos ARC ADA Improvements, Los Gatos
Los Gatos Civic Center Tenant Improvement
Project, Los Gatos
VA Sunnyvale R&D Campus Office Expansion,
Sunnyvale
Marty Baker
The KPA Group
Title
Senior Technical
Designer
Years of Experience
30+ Years
10 Years with KPA
Marty Baker has been leading the production of
quality construction drawings for over 35 years. He
has collaborated with Paul on hundreds of projects.
He plays a critical role in mentoring KPA’s design staff in technical resolution, design methodology, and
standards. Marty’s attention to detail and
coordination of multiple building systems supports The
KPA Group’s reputation for first-class drawings,
increasing contractor production, reducing errors, and
providing a measure of control for construction costs.
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South Napa Shelter Feasibility Study and
Tenant Improvement, Napa County
County of San Mateo New Radio Shop,
Redwood City
County of San Mateo 795 Skyway Road Office
Building Remodel, San Carlos Contra Costa
New County Terminal Building & ARFF,
Buchanan Field Airport
VA Sunnyvale R&D Campus Office Expansion,
Sunnyvale
VASFMC OIT Office Renovation and
Expansion, San Francisco
3. RESUMES 12
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
Team Member Title/
Registration Description Related Experience
Daniel Herms
The KPA Group
Title
Technical Designer
Years of Experience
5 Years
5 Years with KPA
Daniel Herms produces technical design drawings and
documents. Dan’s expertise in accurately
documenting project scope leads to successful project
delivery. His contribution to design reviews, project
solution evaluations and alternative analysis brings
value to every project. Dan works closely with his
team to visualize a mindful approach to space
planning, facility design and operational improvements
for employees and the public. Dan understands the
need to balance departmental wishes with broader
project goals. Dan explores potential alternatives and
avenues to resolving design issues. He works closely
with the project manager and client to establish
project goals and expected outcomes.
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County of San Mateo Radio Shop, Redwood
City
County of San Mateo 795 Skyway Road Office
Building Remodel, San Carlos Contra Costa
County Terminal Building & ARFF, Buchanan
Field Airport
Humboldt County-wide ADA Modifications
projects to remove barriers at: Clam Beach,
Freshwater Park, Field’s Landing and the
Public Defender’s Office
VA Sunnyvale R&D Campus Office Expansion,
Sunnyvale
VASFMC OIT Office Renovation and
Expansion, San Francisco
South Napa Shelter Feasibility Study and
Tenant Improvement, Napa County
Los Gatos ARC Parking Lot Improvements,
Los Gatos
Vince Paske,
LEED AP, NCARB,
APA
The KPA Group
Title
Senior Graphic
Designer
Affiliation
LEED AP, NCARB, APA
Years of Experience
25 Years
3 Years with KPA
Vince has an integrated background covering
architecture, planning, and engineering. His technical
approach to the analysis of field assessment data and
recommendations will allow the feasibility of
recommended solutions. Vince has experience in
providing sustainable analysis, design, and strategies
for public clients and will bring these elements into
concepts and suggestions for Santa Clara County.
Vince will lead project visualizations, assessment and
studies, and report formatting processes for planning
and other documents required. He will work with
County staff to tailor the visualization strategies for overall project and planning solutions.
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Facilities Master Plan Renderings, Ross CA
Tracy Transit Center NEPA Compliance, Tracy
CA
Ukiah Bank of America Remodel, City of
Ukiah
Temporary Emergency Housing, City of Tracy
Mariposa County Probation Deptment,
Mariposa County
3. RESUMES 13
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
Team Member Title/
Registration Description Related Experience
Keith Pharis,
P.E., LEED AP
Pharis Engineering
Title
Senior Electrical
Engineer
License/Registration
CA Electrical #E17740
LEED AP
Years of Experience
30+ Years
11 Years with KPA
Education
M.S. Electrical
Engineering
Keith has more than 30 years of experience in
electrical engineering, project management, leading
MEP teams, facility assessment/expert analysis,
master planning, and personnel directing. Keith has a
vast experience base with extensive electrical engineer skillset as well as leadership skills. His technical
expertise involves all aspects of electrical engineering including power (high, medium, and low voltage),
emergency/standby generator systems for both
medical and mission-critical/data facilities, and lighting specifications/calculations/selection. Keith’s expertise also covers low voltage systems such as fire alarm,
security (CCTV, access control, physical, etc), CATV,
broadcast, cabling, data and telecommunication
systems, healthcare call systems, door monitoring, etc.
Keith enjoyed working in the design sector from
government, healthcare, housing, commercial,
educational, industrial, etc.
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City of Tracy Citywide Public Facilities
Assessment & Master Plan, City of Tracy
City of Eureka Citywide Public Facilities
Condition Assessment and Master Plan, City
of Eureka
Comprehensive Facilities Condition
Assessment and Master Plan, City of
Cupertino
VA San Francisco Bldg. 3, 5,7 & 11 Project
Books (Facilities Assessment and
Programming), San Francisco
Humboldt County Facilities Condition
Assessment and Master Planning, County of
Humboldt
Dan Reiter, P.E.,
LEED AP
GHD
Title
Senior Mechanical &
Plumbing Engineer
License/Registration
CA Mechanical
#M32827
Years of Experience
30+ Years
8 Years with KPA
Education
M.S. Mechanical
Engineering
Dan Reiter is a registered Professional Engineer in
multiple states and brings more than 30 years of
mechanical and plumbing engineering experience on
various types of building and facilities throughout
Montana and the Western U.S. Dan Reiter specializes
in design of HVAC systems, energy modeling,
automatic fire sprinkler design plumbing engineering,
structural modeling, project management and building
code plan review. Dan will conduct mechanical and
plumbing related review and analysis for facilities
master plan.
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City of Tracy Citywide Public Facilities
Assessment & Master Plan, City of Tracy
City of Eureka Citywide Public Facilities
Condition Assessment and Master Plan, City
of Eureka
Comprehensive Facilities Condition
Assessment and Master Plan, City of
Cupertino
VA San Francisco Bldg. 3, 5,7 & 11 Project
Books (Facilities Assessment and
Programming), San Francisco
Humboldt County Facilities Condition
Assessment and Master Planning, County of
Humboldt
Eugene Tuan,
S.E.
Tuan and Robinson
Structural Engineers,
Inc.
Title
President/Structural
Engineer
License/Registration
CA Civil #C46887
CA Structural #S3982
Years of Experience
35 Years of Experience
23 Years Experience
with Tuan & Robinson,
Structural Eng.
Education
M.S. Structural
Engineering
Mr. Tuan has been a Principal with Tuan and Robinson,
Structural Engineers, Inc. since 1999. Previously, he
was an Associate with SOHA Engineers of San
Francisco. He has designed a variety of new buildings
and seismic rehabilitation systems for existing
structures, specializing in historic buildings. He has
extensive knowledge of the design of wood, steel,
concrete, and masonry structure. Currently, he is the
Principal-in-charge for an on-call structural engineering services contract with the City of Monterey, Santa
Clara County, San Francisco Recreation and Parks, San
Francisco Department of Public Works, and the
Presidio Trust.
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Elmwood Correctional Facilities
Sundeck/Medical Housing Units, Milpitas, CA
Elmwood Correctional Facility ADA
Improvements - Phase 1 and Phase 2,
Milpitas, CA
Cannery Row Parking Garage Elevator
Enclosure, Monterey, CA
SCC Department of Tax and Collections, 852
1st Street, San Jose, CA
Westside Pump Station Reliability
Improvements, San Francisco, CA
Bernal Heights Library Renovation, San
Francisco, CA
Accessibility Upgrades for City Hall,
Monterey, CA
4. WORK PLAN 14
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
WORK PLAN & PROJECT APPROACH
The Heritage House is a historic residential building relocated to the Town from the City of Los Altos in the mid-1980s.
Currently, the building is used by the History Committee and the Emergency Preparedness and Response Committee (EPRC) for different uses. The building has seen other uses in the past including use by the Sheriff’s Department. The Town wishes to provide improvements to interior spaces of the building in order to better serve the Town’s current and future needs. Needs include an improved meeting area and general interior modifications to modernize the space.
Communication equipment related to HAM radio operation must not be disturbed as part of construction.
The Heritage House is approximately 1,030 SF in area and contains office and meeting areas, kitchen and restroom. The building contains a raised front porch leading up to the main entry. Currently, an existing ramp provides wheelchair access at the rear of the building directly into the kitchen. The Town of Los Altos Hills may be interested in maintaining some of the historic aesthetics of the Heritage House including interior mahogany wood paneling and trim where applicable. A concept design has been provided by the Town identifying and documenting the desired interior spatial reconfiguration and will be confirmed with the History Committee and EPRC through meetings and discussions before initiation of work. Considerations for storage spaces will be incorporated into the documents appropriately. A kitchenette is needed to support events but a dedicated full kitchen for Town functions will be constructed in the future.
Project Management and Coordination
The KPA Group will manage our architectural and engineering services for the project. We will consult with the Town of Los Altos Hills on a regular basis and communicate with members of the project team. KPA will lead project update meetings conducted through Microsoft Teams. We will coordinate with Los Altos Hills’ project team to align project goals with the design. Discussions and decisions made throughout the process will be documented. The project manager will regularly coordinate the project and scheduling efforts and will lead the quality assurance process. History Committee meetings will be attended to confirm building changes and overall design.
Field Verifications
We will visit the Heritage House for a detailed field investigation. During investigation, field dimensions will be obtained for incorporation into CAD documents and overall project design. Photos will be obtained for project use. A general condition assessment of the facility will be performed for better understanding of existing conditions and building systems. Non-compliant elements to existing ADA path of travel into the facility will be assessed and documented as appropriate.
4. WORK PLAN 15
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
Town Coordination and Periodic Meetings
We will coordinate with the Town for appropriate stakeholder involvement for various public committee members and other stakeholders who wish to be involved in project design. We will facilitate programming and lead project design meetings with committee members and Town staff. Meetings will be held on an agreed upon schedule throughout the duration of design. During construction, the General Contractor will lead construction meetings.
Conceptual Design & Engineering Feasibility
KPA will revisit the provided conceptual design and provide the Town with any initial feedback. Concept provided by the Town has defined a desired interior layout of the facility and space adjacencies. The provided concept will form the basis for understanding of final design needs. KPA will incorporate feedback received from the Town, History Committee, EPRC and other stakeholders into a design documents as appropriate.
Mechanical, electrical, plumbing and structural considerations will be incorporated into the design during completion of 50% Design Development and 95% Construction Documents phases.
KPA will review the conceptual design with structural and MEP engineers for further input on feasibility and engineering requirements of construction. We will perform a field visit with engineers to investigate current structural conditions related to final design and build upon information contained in any previous documentation of structure or framing observations.
Power requirements will be defined including connection points to existing power infrastructure at the site. Mechanical systems’ needs will be documented based on selected interior layout.
A construction cost estimate will be provided for the Town’s consideration at the conclusion of this phase.
KPA will compile information learned into a report documenting project requirements for discussion and presentation at stakeholder meetings. Included in this Conceptual Design Report will be:
• Updated interior floor plan layout
• Condition checklists for building components for
understanding of condition of specific building items
• Definition of areas requiring improvement along ADA
path of travel
• Structural considerations based on KPA’s understanding of provided concept
• Mechanical considerations based on provided concept
• Plumbing considerations based on provided concept
• Construction cost estimate
KPA provided space programming on four buildings at the San Francisco VA.
KPA provided preliminary 3D concepting as part of an ongoing Civic Center Master Plan for the Town of Ross.
4. WORK PLAN 16
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
KPA will review the Conceptual Design Report with the Town and incorporate one round of comments into a final report.
We will discuss findings and appropriate next steps upon identification of final design and engineering considerations. 50% Design Documents
The KPA Group will prepare 50% Design Documents for improvements to the Heritage House. Design Documents will illustrate a detailed design for a new interior layout and incorporate interior elements which will be utilized in the new design. Mechanical, electrical and plumbing systems design and preliminary calculations will be provided. Architectural and engineering details and calculations will be incorporated. Code review will be performed per architectural and engineering disciplines. ADA path of travel will be documented from Fremont Road to the interior of the Heritage House.
KPA will prepare draft specifications for disciplines as required.
As part of the 50% Design Documents phase, KPA will:
• Begin documentation of building, electrical, plumbing, mechanical and energy code review and analysis • Document interior details
• Define intended data requirements
• Develop 50% Design Drawings
• Architectural and structural
• Site
• Plumbing
• HVAC
• Electrical
• Provide 50% design cost estimate
• Provide project technical specifications
• Review 50% design, final design documents and incorporate comments • Communication with town regarding findings and design completion requirements
4. WORK PLAN 17
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
95% and 100% Construction Documents & Technical Specifications The KPA Group will advance the 50% complete Design Documents prepared to 95% Construction Documents and then to 100% Construction Documents. Construction Documents will refine the extent, configuration, location, relationships and dimensions of the work to be completed. Final design changes will be made and specifications will be completed. Final construction schedules will be established and a complete construction cost estimate will be provided. Documentation of the design will be coordinated between architectural and engineering disciplines appropriately. Final code-required changes will be incorporated. During the Construction Documents phase, we will:
Permit Review
KPA will submit the Heritage House remodel drawings to the Los Altos Hills Building Department for permit review. We will complete an initial round of drawing review for permitting related to in-scope items and improvements followed by a second round of drawing review and revision related to incorporation of the first round of comments. We estimate this process to take less than 30 days. Additional time for reviews and additional/extensive reviews may result in additional compensation. After permit approval, KPA will prepare a final bid set of construction documents and specifications.
Bidding Services
KPA will assist in Bidding by responding to contractor questions and issuing addenda. This phase includes assisting the Town in advertising and securing bids, negotiation for service, analyzing bid results, furnishing recommendation on contract award and preparing contract documents. Electronic bidding documents will be distributed per the Town of Los Altos Hills’ standard process. Tasks to be performed as Bidding Services include:
• Attend Town conducted pre-bid meetings, prepare agenda and sign-in sheets, and distribute bidding meeting notes
• Consider contractor questions and issue clarifications during bidding periods, prepare and issue appropriate addenda
• Advise the Town as to the acceptability of substituted materials or equipment • Complete and document building, electrical,
plumbing, mechanical and energy code review
and analysis
• Complete and submit structural, mechanical,
plumbing and electrical power calculations as
appropriate.
• Document requirements for ADA accessibility
including final documentation of required site
changes
• Develop 95% Construction Documents
• Architectural and structural
• Site
• Plumbing
• HVAC
• Electrical
• Review 95% Construction Documents with Town
and stakeholders
• Develop 100% Construction Documents
• Architectural and structural
• Site
• Plumbing
• HVAC
• Electrical
• Communicate construction contract elements
with the Town
• Complete project technical specifications
• Update construction cost estimate with final
quantities and pay items
• Review 100% Construction Documents with the
Town
• Incorporate comments and prepare for permit
review submission
4. WORK PLAN 18
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
Construction Administration Services
After execution of the construction contract between the Town of Los Altos Hills and General Contractor for the Heritage House remodel, KPA will endeavor to protect the Town against defects and deficiencies in the execution and performance of the work.
For general Construction Administration, KPA will:
• Review, edit and implement construction procedures
and documents in accordance with construction
policies established by the Town of Los Altos Hills.
• Work closely with Town’s Construction Management
team to document responses to RFIs, shop drawings,
submittals and project decisions
• Respond to information requests, trouble reports, field directives and cost change requests
• Visit the site for observation and work progress during construction (3 visits)
• Notify the Town and General Contractor of any failure in the work or materials to conform to the requirements of the Contract, Plans or Specifications
Requests for Information & Submittals
KPA will review and respond to RFIs. KPA will organize project RFIs related to site components and discuss responses to RFIs with the Town’s Construction Manager as needed. Submittals and shop drawings will be reviewed in a timely manner (5 working days) with attention to overall site infrastructure and utility relationships. We will maintain a log of RFIs during construction along with responses. During the response process KPA will:
• Issue necessary interpretations, clarifications and
replies to information requests regarding the Contract
Documents
• Assist the Town of Los Altos Hills with supplemental instructions and change orders as required
Services provided regarding submittals will be related to shop drawing review, product and material substitutions review, and the management and organization of such submittals. During this process we will:
• Review and approve shop drawings, substitution
requests and submittals for conformance to the
requirements of Contract Documents and Specifications
• Determine the acceptability of substitute materials
and provide an assessed and evaluated response for
suggestions to the Town
• Review any required tests in accordance with
requirements and testing methods
• Receive and review certificates of inspections and
approvals required
Feasibility Studies are an important part of project implementation at SJSU. Most projects require a completed Feasibility Study before being funded.
Feasibility Study
SJSU Engineering
Room 130
4. WORK PLAN 19
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
Construction Changes
KPA will monitor construction changes including the addition of alternate project components or items not portrayed in the Contract Documents. KPA will provide recommendations as to the acceptability of the costs of construction changes.
Throughout the oversight of construction changes, KPA will:
• Assist with the preparation of change orders or inclusion of additional items or removal of elements • Assist with the preparation and review of interpretations and clarifications • The KPA Group will not monitor work progress to review payment applications. • Construction Meetings & Phasing
• KPA will attend weekly construction progress meetings with the Town of Los Altos Hills and the General Contractor on a schedule defined by the Town’s Construction Manager. As part of construction meetings, we will:
• Attend online construction meetings
Discuss pertinent issues such as work progress, schedules, submittals, costs, building operation, safety and security.
Project Closeout
The KPA Group will create a punch list based on final completion of the project. The punch list process will involve observing work to determine if work or portions of work are substantially complete and ready to be prepared for certification of final completion. Punch list findings will be documented. The punch list process involves:
• Conducting inspections to determine if work is completed and ready for final acceptance • Furnishing the General Contractor with a list of items that were observed to require correction or were observed to be complete
• Visiting the Heritage House site to observe any apparent defects in the completed construction and assisting the Town in consultations and discussions with the General Contractor concerning the correction of such deficiencies
• Making recommendations as to replacement, correction, or diminished value of defective work
5. COST PROPOSAL 20
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
COST PROPOSAL
TOWN OF LOS ALTOS HILLS - Heritage House Remodel Design and Construction Administration Services Compensation Worksheet
PROJECT
MANAGER
ARCHITECT/
STRUCTURAL
ENGINEER
MEP
ENGNIEER
DESIGNER/
TECHNICAL
PROF.
CAD TECH ADMIN. SUBTOTAL
$230.00 $215.00 $215.00 $190.00 $160.00 $100.00
1 Project meetings 1 222 $1,470.00
2 Team coordination 1 22221 $1,890.00
3 Stakeholder discussion 1 114 $1,420.00
4 Quality control 2 222 $1,700.00
$1,150.00 $1,505.00 $1,505.00 $1,900.00 $320.00 $100.00 $6,480.00 1 Field investigation 14 4 $1,850.00
2 Dimension compilation 2 24 $1,450.00
3 Condition assessment 124 $1,405.00
4 Path of travel documentation 1 2 22 $1,360.00
$460.00 $1,935.00 $430.00 $2,280.00 $960.00 $0.00 $6,065.00 1 Separate stakeholder meetings 1 424 $2,280.00
2 Prepare meeting presentation materials 1 2242 $2,170.00 $460.00 $1,290.00 $860.00 $1,520.00 $320.00 $0.00 $4,450.00 1 Define MEP needs 1 484 $3,570.00
2 Structural considerations 1 828 $3,900.00
3 ADA considerations 1 8 48 $3,990.00
4 Preliminary construction cost estimate 1 114 $1,420.00 5 Compile report 1 1 48 $2,485.00
$1,150.00 $4,730.00 $2,365.00 $4,560.00 $2,560.00 $0.00 $15,365.00 1 Complete code review 442 $2,100.00
2 Final ADA documentation 48 $2,380.00
3 Technical specifications 448 1 $3,340.00
4 Updated construction cost estimate 24 $1,190.00
5 Develop 50% Design Documents 4 12 12 8 16 $10,160.00
6 Incorporate review comments 1 2444 $2,920.00
$1,150.00 $5,590.00 $5,590.00 $6,460.00 $3,200.00 $100.00 $22,090.00 1 Complete code review 422 $1,670.00
2 Final ADA documentation 48 $2,380.00
3 Construction contract elements 21 2 $1,055.00
4 Final technical specifications 1 468 $3,900.00
5 Advance construction cost estimate 1 224 $1,850.00
6 Develop 95% Construction Documents 2 4 8 4 16 $6,360.00 7 Incorporate review comments 1 2448 $3,560.00
8 Develop 100% Construction Documents 2 4 8 4 16 $6,360.00 9 Incorporate review comments 1 2448 $3,560.00
$2,300.00 $5,805.00 $7,310.00 $7,600.00 $7,680.00 $0.00 $30,695.00 1 Submit to Building Department 2 22 $1,130.00
2 Drawings revisions 1 4428 $3,610.00
3 Compile drawing bid set 24 $1,020.00
$230.00 $1,290.00 $860.00 $1,140.00 $2,240.00 $0.00 $5,760.00 17 64 46 80 44 2 253
$6,900.00 $22,145.00 $18,920.00 $25,460.00 $17,280.00 $200.00 $90,905.00
SUMMARY BY ROLE CLASSIFICATION
Project Management and Coordination
Conceptual Design & Engineering Feasibility
SUBTOTAL
Field Verifications
SUBTOTAL
Project Meetings
SUBTOTAL
TOTAL COST - DESIGN SERVICES
SUBTOTAL
TOTAL HOURS - Design
50% Design Documents
SUBTOTAL
Construction Documents & Technical Specifications
SUBTOTAL
Permit Review
SUBTOTAL
5. COST PROPOSAL 21
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
TOWN OF LOS ALTOS HILLS - Heritage House Remodel Design and Construction Administration Services Compensation Worksheet
PROJECT
MANAGER
ARCHITECT/
STRUCTURAL
ENGINEER
MEP
ENGNIEER
DESIGNER/
TECHNICAL
PROF.
CAD TECH ADMIN. SUBTOTAL
$230.00 $215.00 $215.00 $190.00 $160.00 $100.00
SUMMARY BY ROLE CLASSIFICATION
Project Management and Coordination
1 Meet with Town and Contractor 22 $840.00
2 Team coordination 1 2232 $1,980.00
$690.00 $430.00 $430.00 $950.00 $320.00 $0.00 $2,820.00 1 Attend Town-conducted pre-bid meetings 22 $810.00
2 Issue Addenda 1 1112 $1,170.00
3 Advise Town regarding substitutions 1 11 $660.00
$460.00 $860.00 $430.00 $570.00 $320.00 $0.00 $2,640.00 1 Review procedures and documents 11 1 $635.00
2 Respond to RFIs 444 $2,480.00
3 Submittal review 4 4 4 $2,480.00
4 Site observations 4 4 12 $4,000.00
5 Maintain project logs 14 2 $1,470.00
6 Construction meetings 2 4 4 12 $4,460.00
$920.00 $4,515.00 $3,440.00 $6,650.00 $0.00 $0.00 $15,525.00 1 Punch list 16 6 $2,660.00
$230.00 $1,290.00 $0.00 $1,140.00 $0.00 $0.00 $2,660.00 10 33 20 49 4 0 116
$2,300.00 $7,095.00 $4,300.00 $9,310.00 $640.00 $0.00 $23,645.00 $9,200.00 $29,240.00 $23,220.00 $34,770.00 $17,920.00 $200.00 $114,550.00 Project Management and Coordination - CA Services
SUBTOTAL
Bidding Services
SUBTOTAL
Construction Administration
GRAND TOTAL - DESIGN & CA SERVICES
SUBTOTAL
Project Closeout
SUBTOTAL
TOTAL HOURS - Construction Administration
TOTAL COST - CONSTRUCTION
FEE SCHEDULE
Proposed billing rates for KPA and sub-consultants are as follows:
Professional Rates
Category
Project Manager
Architect/ Structural Engineer
Mep Engineer
Designer/ Technical Professional
CADTechnichian
Administration
Rates
$230
$215
$215
$190
$160
$100
6. TOWN’S STANDARD CONSULTANT AGREEMENT EXEMPTIONS OR REVISIONS 22
PROFESSIONAL DESIGN SERVICES
TOWN OF LOS ALTOS HILLS, CA | THE KPA GROUP
CONTRACT AGREEMENT
KPA has no objection or modification to any sections of the Town of Los Altos Hills’ Consulting Services Agreement.
KPA is prepared to enter into the Town’s Standard Agreement provided as Attachment C.
6700 KOLL CENTER PARKWAY, SUITE 125, PLEASANTON, CALIFORNIA 94566 TEL 925.223.8217 EXT 203 www.theKPAgroup.com
September 12, 2024
Melissa Elian
Assistant Engineer
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94002
Subject: Heritage House – Design Services and Construction Administration Proposal Dear Melissa,
The purpose of this agreement is to establish a scope of services and fee for design and construction administration services required for completion of the Heritage House project. The Heritage House is located alongside Town Hall at 26379 Fremont Road in Los Altos Hills. KPA has been working with the Town to advance initial floor plan concepts into refined concepts and final improvement design since December 2023. The scope of services provided in our original design services proposal has been supplemented with the services defined herein to finalize the design concept and complete the design. Construction Administration services are also required during construction of the project.
Project Understanding
The Town of Los Altos Hills and community stakeholders wish to renovate and improve the Heritage House for ADA improvements and additional Town functionality while maintaining the historic character of the house.
The Town developed initial design concepts and KPA was selected through RFP to advance design concepts into construction documents. KPA has worked with the Town to refine initial design concepts to incorporate code requirements and maintain additional portions of the existing facility. During the design, the Town secured a County grant for additional project funding which increased the overall project budget and allowed for additional project components. The project’s design is nearly complete and the project has been submitted to Building and Santa Clara County Fire for Permit Review.
As concepts required refinement and the project’s budget was expanded, KPA’s design efforts increased from what was originally proposed. Design scope outside of original proposed scope includes:
Project meetings and discussions
Multiple redesigns of provided and approved design concepts for new selected design concept Refinements to selected design concept
Investigation into ADA compliance related to entire site path of travel Investigation into changing main Heritage House pathway from East side path to West side path Documentation of changes required for west side pathway Revisions to layout of ADA ramp including addition of stairs Multiple revisions to cost estimates for CDBG grant use
ATTACHMENT B
Responses to County CDBG cost estimating questions
Presentation to Town Council regarding Heritage House project Assessment of feasibility of maintaining original flooring Adjustment to finishes based on History Committee asks Research as to local J Gilbert Smith House and elements of house Discussions with Town IT consultants for their needs
Extensive research into feasible historic lighting fixtures Installation of additional fire sprinkler heads
Scope of Services – Design Services
This scope of services covers design and engineering services required to be completed due to expansion of the project scope. The scope of services for design services is organized into the following elements:
Project Management and Coordination
Concept Design
Architectural and Engineering Design
Other Services
A. Project Management and Coordination
The KPA Group incurred project management time to coordinate Town, design team and sub-consultant efforts for the added scopes of work. We will continue to manage our architectural and engineering services for the project and consult with the Town of Los Altos Hills on a regular basis. KPA will continue to lead project update meetings conducted through Microsoft Teams. We will coordinate with Los Altos Hills’ project team to align project goals with the design and provide design scheduling updates as appropriate. Discussions and decisions made throughout the completion of design will be documented. The project manager will regularly coordinate the project and scheduling efforts and will lead the quality assurance process.
B. Concept Design
We have provided conceptual design services related to design and documentation of the following project components:
Revisions to floor plan layout for inclusion of shower Revisions to floor plan layout from provided concept for code compliance General revisions to provided concept for improved functionality Investigation into ADA compliance related to entire site path of travel Investigation into changing main Heritage House pathway from East side path to West side path C. Architectural and Engineering Design
We have provided architectural and engineering design services related to design and documentation of the following project components:
Documentation in design for changes for selection of west side pathway Documentation in design for revisions to ADA ramp and stair addition Assessment of feasibility of maintaining original flooring and documentation of flooring changes to construction documents
Adjustments to finishes based on requirements of History Committee Extensive research into feasible historic lighting fixtures Installation of additional fire sprinkler heads
Installation of additional fire sprinkler heads including at front porch after Santa Clara County fire review Electrical engineering services – For research and investigation related to compatibility of desired historic lighting fixtures and incorporation of needs related to Town IT consultant Structural engineering services – Consultation regarding changes to exterior ramp and final floor plan layout defined with the Town
D. Other Services
KPA provided other services not directly related to concept design or construction documents. Other services included:
Assisting the Town in providing a presentation and update to Town Council at the June 18th Council meeting. Other efforts were expended in preparation and refinement of the PowerPoint presentation for Council.
Providing multiple revisions to cost estimates including for CDBG grant use Providing responses to County questions regarding CDBG cost estimates Providing research as to local J Gilbert Smith house and specific elements of the house for comparison and possible inclusion in this project
Discussing needs with Town IT consultant
Scope of Services – Construction Administration Services This document provides a scope of services for construction administration services. Construction administration services shall commence after a successful bidder has been awarded a contract for construction.
This scope of services is organized into the following elements:
Project Management and Coordination
General Construction Administration
Requests for Information and Submittals
Construction Changes
Punch Lists and Project Close-Out
Project Management and Coordination
The KPA Group will manage our architectural and engineering services for the project during construction. We will consult with The Town of Los Altos Hills and communicate regularly with members of the project team. The KPA Group will meet with The Town as appropriate to discuss details, construction progress and open issues.
The same consultants that designed the project will stay engaged and provide support during construction.
General Construction Administration
After execution of the construction contract between The Town of Los Altos Hills and the General Contractor, we will endeavor to protect the Town against defects and deficiencies in the execution and performance of the work. For construction administration activities, we will:
Work with Los Altos Hills’ project team to document responses to RFIs, shop drawings, submittals and project decisions
Respond to information requests, trouble reports, field directives and cost change requests Visit the site for observation and work progress monthly for the duration of construction Notify the Town of Los Altos Hills and General Contractor of any failure in the work or materials to conform to the requirements of the Contract, Plans or Specifications observed We will attend construction progress meetings led by the Town of Los Altos Hills and the General Contractor on a schedule defined by the Town. As part of construction meetings, we will:
Attend online construction meetings
Discuss pertinent issues such as work progress, schedules, submittals, costs, safety and security Requests for Information and Submittals
We will review and respond to RFIs. We will organize project RFIs related to project components and discuss responses to RFIs with the Town of Los Altos Hills as needed. We will:
Issue necessary interpretations, clarifications and responses to information requests regarding the Contract Documents
Assist the Town of Los Altos Hills with supplemental instructions and change orders Services provided regarding submittals will be related to shop drawing review, product and material substitutions review, and the management and organization of such submittals. During this process we will:
Review and approve shop drawings and submittals for conformance to the requirements of Contract Documents and specifications
Determine the acceptability of substitute materials and provide an evaluated response for suggestions to the Town of Los Altos Hills
Review any required tests in accordance with project requirements and testing methods Construction Changes
We will monitor construction changes including the addition of alternate project components or items not defined in the Contract Documents. We will provide recommendations as to the acceptability of the costs of construction changes. Throughout the oversight of construction changes, we will:
Assist with the preparation of change orders or inclusion of additional items or removal of elements Assist with the preparation and review of interpretations and clarifications We will coordinate with the Town of Los Altos Hills for information related to work progress.
Punch Lists
We will create a punch list based on final completion for the Heritage House project. The punch list process will involve observing work to determine if work or portions of work including building and site elements are substantially complete and ready to be prepared for certification of final completion. Punch list findings will be documented. The punch list process involves:
Conducting inspections to determine if work is completed and ready for final acceptance
Furnishing the General Contractor with a list of items that were observed to require correction or were observed to be complete
Visiting the site to observe any apparent defects in the completed construction and assisting the Town of Los Altos Hills in consultations and discussions with the General Contractor concerning the correction of such deficiencies
Making recommendations as to replacement, correction, or diminished value of defective work
ADDITIONAL SERVICES CONTINGENCY
KPA has included an additional services contingency of five thousand dollars ($5,000) to cover items that may arise during construction administration activities. A summary of possible additional services includes:
Attending additional construction meetings
Providing documentation in CAD of as-built changes provided by the contractor during construction Responding to excessive RFIs or Submittals
DELIVERABLES
Written deliverables during the construction phase include necessary notices, communications, interpretations and clarifications, as required:
Actions as appropriate to contractor instruction, submittals and RFIs Actions as appropriate on changes to Contract Documents Punch list and completion documents
SCHEDULE
Construction for the Heritage House renovation project is anticipated to be bid and awarded in fall 2024 with construction starting shortly thereafter. Construction for the project is anticipated to be complete by July 2025.
OWNER RESPONSIBILITIES
Provide access to the Heritage House and Town Hall site Provide a representative with complete authority to transmit instructions, receive information and provide directives
Provide Town front-end specification sections
Provide appropriate direction to and coordination with the Town’s project team Provide timely review, feedback and directives to maintain project schedule Coordinate with Town project team, other project stakeholders and approval agencies Testing and removal of hazardous materials
Coordination with utilities and local governments for any required utility connects and permitting
COMPENSATION
The work described under the Scope of Services will be performed on a lump sum basis. The Town of Los Altos Hills will pay The KPA Group thirty five thousand three hundred ninety five dollars ($35,395.00) as architectural fees for the design services work required. For construction administration services, the Town will pay The KPA Group forty six thousand four hundred fifteen dollars ($46,415.00). An additional services contingency of five
thousand dollars ($5,000) is provided for construction administration services. Total requested compensation for design and construction administration services, including additional services contingency, performed under this contract is eighty six thousand eight hundred ten dollars ($86,810). Please see the attached compensation worksheet for a detailed breakdown of tasks based on our current understanding of the project and scope of work.
Authorization
The Scope of Services and Compensation stated in this proposal are valid for a period of thirty (30) days from date of submission. If authorization to proceed is not received during this period, this proposal may be reviewed and modified by The KPA Group.
Respectfully submitted,
The KPA Group
Paul W. Powers, AIA, NCARB
President
TOWN OF LOS ALTOS HILLS - Heritage House Remodel: Design and Construction Administration Services Compensation Worksheet 9/12/2024
PROJECT
MANAGER
ARCHITECT/
STRUCTURAL
ENGINEER
MEP
ENGNIEER
DESIGNER/
TECHNICAL
PROF.
CAD TECH ADMIN. SUBTOTAL
$230.00 $215.00 $215.00 $190.00 $160.00 $100.00
1 Project meetings 1 4 2 8 $3,040.00
2 Team coordination 2 2 2 8 8 1 $4,220.00
3 Stakeholder discussion 1 2 1 4 $1,635.00
$920.00 $1,720.00 $1,075.00 $3,800.00 $1,280.00 $100.00 $8,895.00 1 Concept revisions - shower, code and general 1 12 4 4 $4,210.00 2 Site path of travel investigation 1 4 6 2 $2,550.00
3 East side to West side path 6 4 $2,050.00
$460.00 $4,730.00 $0.00 $2,660.00 $960.00 $0.00 $8,810.00 1 Design documentation - West side path 4 1 1 4 $1,905.00 2 Design revisions - ADA ramp and stair 4 4 $1,500.00
3 Flooring assessment 4 4 $1,620.00
4 Finishes research and adjustment 8 $1,720.00
5 Add'l fire sprinkler heads 2 4 2 1 $1,830.00
6 Engineering services 4 8 $2,580.00
$0.00 $5,590.00 $2,795.00 $1,330.00 $1,440.00 $0.00 $11,155.00 1 Town Council presentation 4 $760.00
2 Cost estimate revisions 1 4 $975.00
3 CDBG cost estimates 8 $1,520.00
4 J Gilbert Smith research 2 2 1 $970.00
5 Town IT consultant discussions 2 4 2 4 $2,310.00
$0.00 $1,075.00 $860.00 $3,800.00 $800.00 $0.00 $6,535.00 6 61 22 61 28 1 179
TOTAL COST - ADD'L DESIGN SERVICES $1,380.00 $13,115.00 $4,730.00 $11,590.00 $4,480.00 $100.00 $35,395.00
SUBTOTAL
TOTAL HOURS - Add'l Design
SUMMARY BY ROLE CLASSIFICATION
Project Management and Coordination
Other Additional Services
SUBTOTAL
Concept Design
SUBTOTAL
Architectural and Engineering Design
SUBTOTAL
TOWN OF LOS ALTOS HILLS - Heritage House Remodel: Design and Construction Administration Services Compensation Worksheet 9/12/2024
PROJECT
MANAGER
ARCHITECT/
STRUCTURAL
ENGINEER
MEP
ENGNIEER
DESIGNER/
TECHNICAL
PROF.
CAD TECH ADMIN. SUBTOTAL
$230.00 $215.00 $215.00 $190.00 $160.00 $100.00
SUMMARY BY ROLE CLASSIFICATION
Project Management and Coordination
1 Communicate with Town 2 2 $840.00
2 Communicate with project team 1 2 2 3 2 $1,980.00
$690.00 $430.00 $430.00 $950.00 $320.00 $0.00 $2,820.00 1 Review procedures and documents 1 2 2 $1,040.00
2 Site observations (monthly) 2 16 4 40 4 $13,000.00
3 Construction meetings 16 4 24 $8,860.00
4 Construction coordination 1 1 1 1 $850.00
$920.00 $7,525.00 $1,935.00 $12,730.00 $640.00 $0.00 $23,750.00 1 Review and respond to RFIs 8 8 8 $4,960.00
2 Identification of substitute materials 2 4 2 2 2 $2,450.00 3 Shop drawing review 1 8 8 8 $5,190.00
$690.00 $4,300.00 $3,870.00 $3,420.00 $320.00 $0.00 $12,600.00 1 Determination of project adds or removals 2 2 $810.00 2 Interpretations and clarifications 1 1 1 1 2 $1,170.00 $230.00 $645.00 $215.00 $570.00 $320.00 $0.00 $1,980.00 1 Punch list site visit 4 4 $1,620.00
2 Punch list documentation 4 4 1 $1,780.00
3 Final deliverable coordination 1 1 2 $825.00
4 Administrative tasks 1 2 2 $1,040.00
$460.00 $2,365.00 $0.00 $2,280.00 $160.00 $0.00 $5,265.00 13 71 30 105 11 0 230
$2,990.00 $15,265.00 $6,450.00 $19,950.00 $1,760.00 $0.00 $46,415.00 $4,370.00 $28,380.00 $11,180.00 $31,540.00 $6,240.00 $100.00 $81,810.00 $5,000.00
$86,810.00 GRAND TOTAL WITH ADDITIONAL CA
SERVICES CONTINGENCY
ADDITIONAL SERVICES CONTINGENCY
TOTAL - DESIGN & CA SERVICES
SUBTOTAL
TOTAL HOURS - Construction Administration
TOTAL COST - CONSTRUCTION ADMINISTRATION
Project Management and Coordination - CA Services
SUBTOTAL
General Construction Administration
SUBTOTAL
Punch List and Project Close-Out
Requests for Information and Submittals
SUBTOTAL
Construction Changes
SUBTOTAL
ITEM 8B STAFF REPORT
THE TOWN OF LOS ALTOS HILLS September 19, 2024
Staff Report to the City Council
SUBJECT: Review and Discuss Multi-Family Zoning, Objective Design Standards, and CEQA Informational Update to the City Council on the development of a Multi-family Residential Zoning Designation, associated Objective Design Standards, and the accompanying California Environmental Quality Act (CEQA) review documents and process.
FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:
Review and discuss the Multifamily Zone and Objective Design Standards project. It will cover the requirements, parameters, and process for developing these standards, share preliminary analyses and the project schedule.
BACKGROUND
California State law requires the Town of Los Altos Hills to update the Housing Element every eight years. The Housing Element Update (HEU) builds on the effective goals, policies, and programs to ensure the Town meets its fair share of the state and regional housing needs of current and future residents. On May 30, 2023, the California Department of Housing and Community Development (HCD) certified the Town’s 6th Cycle Housing Element in substantial compliance with State Housing Element Law. The certified Housing Element committed to accommodating its share of the 6th Cycle Regional Housing Needs Assessment (RHNA) by introducing the Town’s first multifamily zone through Program A-1.
Through Program A-1 of the Town’s 6th Cycle HEU, the Town is committed to creating a new Multifamily Zone (MF Zone) and Objective Design Standards (ODS). This program includes the rezoning of at least 34 acres to a multifamily zone to ensure the Town meets its RHNA capacity within three years of the adoption of the housing element (by January 31, 2026). The multifamily zone must require a minimum of 20 dwelling units per acre and permit densities of at least 30 dwelling units per acre. The multifamily zone must also allow for a variety of uses, including multifamily housing, single room occupancy units, senior housing, residential care facilities, and transitional and supportive housing. The program also includes developing Objective Design Standards to establish objective criteria for the review of multifamily residential development projects.
Since 2017, the State of California has adopted over 150 new laws that impose requirements on local governments related to housing. Three such laws, Senate Bill (SB) 167, SB 35 (2017), and SB 330 (2019), consider the application of, and limitation on, subjective standards to multifamily residential developments.
SB 167, also known as the Housing Accountability Act (HAA), establishes limitations to a local government’s ability to deny, reduce the density of, or make infeasible housing development
City Council Page 2
Public Meeting – MF Zone and ODS
September 19, 2024
projects, emergency shelters, or housing for farmworkers that are consistent with objective local development standards and contribute to meeting the housing need.
SB 35 requires a streamlined, ministerial approval process for qualifying multi-unit and mixeduse development, consistent with objective design standards. For a proposed development to qualify for this streamlined, objective review, the project must satisfy an extensive list of criteria, such as affordability levels, labor standards, conformance with objective General Plan and zoning standards, and location. Currently, the Town does not have the applicable objective standards should a project qualify under SB 35.
SB 330 prohibits the adoption or enforcement of new design standards on or after January 1, 2020, that do not qualify as “objective” standards.
DISCUSSION
Multifamily Zone Sites
As established in the Los Altos Hills’ 6
th Cycle Housing Element adopted on January 30, 2023,
the Town must rezone 34 acres to allow multifamily development. The zoning must require a minimum density of 20 dwelling units per acre and allow a minimum of 30 dwelling units per acre.
The 34 acres are identified on the following three sites that will be rezoned to the new MF Zone or MF Overlay Zone (see attachment 1).
1. Twin Oaks Court (14.5 acres, 7 parcels)
2. St. Nicholas Catholic School (6-acre portion, 2 parcels)
3. Foothill College (9.4-acre portion, 3 parcels)
If necessary, the new zoning may be customized per site, but the intention is to create zoning development standards that apply equally to each site.
Multifamily Zone and Objective Design Standards Approach The overall approach is to minimize the changes to Los Altos Hills and impacts upon properties near the three rezone sites and use and minimize changes to the existing development code and regulations necessary to meet the required densities and development potential per state law. The zoning regulations will remain unchanged for 99% of Los Altos Hills.
As described more fully below, the approach to developing the new MF Zone and ODS includes the following steps:
1. Review and document the relevant existing standards, regulations, procedures, and policies.
2. Evaluate each of the three rezoning sites to understand the opportunities and constraints.
3. Summarize best practices and examples of developments that achieve the required densities.
4. Test and demonstrate development standards necessary for the sites to achieve the required densities.
City Council Page 3
Public Meeting – MF Zone and ODS
September 19, 2024
5. Develop draft MF zone and ODS regulations.
The first step in developing the MF Zone and ODS is to analyze existing Town planning and land use policy documents and the zoning ordinance to identify which standards can be incorporated, or need to change, for the MF Zone to accommodate the requisite density (20 - 30 du/ac). The documents that will be reviewed for this step are as follows:
• Title 10 Zoning and Site Development of the Los Altos Hills Municipal Code o Chapter 1 Zoning
▪ Article 5 Area, Coverage, Height, and Setback Limitations ▪ Article 7 Residential-Agricultural District (R-A)
▪ Article 15 Objective Standards for Qualified Senate Bill 9 Lot Splits Development Projects
o Chapter 2 Site Development
▪ Article 4 Grading
▪ Article 7 Building Siting, View Protection, Ridgeline Preservation, Creek Protection
▪ Article 8 Landscaping
▪ Article 10 Outdoor Lighting
• Town of Los Altos Hills General Plan
• Town of Los Altos Hills 6th Cycle Housing Element Update • Site Development Review Process
• Los Altos Hills Grading Ordinance and Policy
• Landscape Design Guidelines
• Outdoor Lighting Policy
With a firm understanding and documentation of the existing relevant standards and policies, the next steps involve evaluation and testing of the three sites. Each site will be evaluated for typical development issues, such as:
• Topography
• Relationship to and views from public streets and neighboring properties • Height and setbacks
• Screening
• Steep slopes/hillside protection
• Primary and emergency access (secondary access, grades, lengths, connectivity) • Parking
The result of the existing zoning and policy analysis and development of a feasibility study will identify the existing standards that can be incorporated or will need to change to accommodate the required densities. The following existing development standards will require modification for the new MF Zone.
• Density
• Height
• Permitted Uses
• Maximum Development Area (MDA)
City Council Page 4
Public Meeting – MF Zone and ODS
September 19, 2024
• Maximum Floor Area (MFA)
The Objective Design Standards (ODS) will be designed to complement the development standards of the new MF zones. The ODS will address more subtle, contextual, or conditional issues that may be difficult to incorporate into the MF zone standards. The following are sample topics the ODS might include:
• Screening/Landscaping
• Building Form and Massing
• Roof Form and Design
• Vehicular and Emergency Access
• Hillside Development
Project Schedule and Major Next Steps:
1. August 7, 2024 – October 7, 2024: Tribal Consultation – send letters notifying all noted tribes of proposed amendments to the GP and Zoning Ordinance.
2. September 19, 2024: City Council – Michael Baker International (MBI) to update the City Council on the progress on CEQA, Tribal Consultations, Planning Commission workshop and progress on the approach and schedule and preparation of formal drafts of the EIR, MF Zone, and ODS through the end of 2024.
3. September 25, 2024: CEQA NOP and Scoping Session.
4. October – December 2024: MBI preparing Draft EIR and formal draft MF Zone and ODS.
5. January – March 2025: Draft EIR and Draft MF Zone and ODS available for public review and comment.
6. May - June 2025: Draft EIR and Draft MF Zone and ODS adoption hearings.
See Attachment 2 for complete schedule.
ENVIRONMENTAL REVIEW
The project team is preparing an Environmental Impact Report (EIR) and associated technical studies pursuant to California Environmental Quality Act (CEQA) to support the adoption of the proposed MF Zone and ODS.
The project team is in the process of drafting a Notice of Preparation (NOP) and AB 52/SB 18 Tribal Consultation Letters. The project team will distribute the NOP and Tribal Consultation Letters in September 2024. An EIR Scoping Session to discuss and identify what potential environmental impacts will be studied in the EIR will subsequently be scheduled in September 2024.
On July 18, 2024, Staff provided an update on 2024-25 Work Plan to the City Council. For context, copied below is the update on the Housing Element Update implementation. 2024-25 CITY COUNCIL WORK PLAN
The 6
th Cycle Housing Element Implementation was a part of the 2023 and recently proposed 2024-25 City Council Work Plan. The key project falls under the Priority Area, Quality of Life
City Council Page 5
Public Meeting – MF Zone and ODS
September 19, 2024
and Community. Additionally, the 2024-25 Work Plan incorporates staff capacity to work with the community, committees, the Planning Commission, and City Council on other programs of the Housing Element.
FISCAL IMPACT
The fiscal impact to the Town for preparing the Multi-Family Zone and Objective Design Standards only relates to staff time that was previously budgeted for work on the Housing Element update implementation.
ATTACHMENTS
1. Sites Map
2. Recommended Schedule
to Hills
and
ry Club
280
L
a
Crest a Dr
P urissima Rd
Coyote Hill Rd
La
Palo
ma Rd
R
o
bleda
Rd
Old
Page
Mill
Rd
Co nce
p
c
i
on
Rd
Miranda R
d
Moon Ln
Deer Creek Rd
Arastradero R Pa
d
ge Mill Rd
Foothill
Expy
Alta Mesa
Cemetery
Esther Clark
Park
Stanford
University
Health Care
System - Palo
Alto Division
Los Altos Hills
Elena
Rd
Robleda R d
Central Dr
Foothill College
Lincoln Ave
Rosita Ave
Californ
Los Al
i
tos Ave
W Edith Ave
Marich Way
Ortega Ave
Showers
Dr
Jardin Dr
R
S C
lark Av
e
Arboleda Dr
Clark
Ave
Cherry Ave
Sol
a
n
a
D
r
Panchita
Way
E Edith Ave
N San Anton
i
o Rd
S El Monte Ave
Cues
W El Camino Real
El Camino Real
Lincoln Park
Los Altos
280
Eastbrook Ave
University Ave
Par
m
a
W
a
y
E
c
h
o
D
r
Okeefe Ln
Summerhill Ave
M ora Dr
Ber
A
Magdalena Ave
Foothill Exp
Los Altos Golf &
Country Club
Loy
Mora
Dr
St Joseph Ave
F 0 0.4 0.8 0.2
Miles Multifamily Zone Sites
Town Boundary
Los Altos Hills
Multifamily Zone Sites
ITEM 8B ATTACHMENT 1
Town of Los Altos Hills
MF Zone, Objective Design Standards, EIR
Project Schedule ‐ Revised July 1, 2024
Project Tasks/Milestones (meetings, hearings, deliverables) Due DateKickoff Meeting and Project Initiation 6/20/2024Town Staff Requests NAHC Tribal Consultation List 7/1/2024 TSMBI Prepares Framework Draft Zone & Design Guidelines and Staff Review 7/18/2024 TS TS TSTown Staff Provides Project Overview and Schedule to Town Council 7/18/2024 TCMBI Prepares Draft NOP and AB 52/SB 18 Tribal Consultation Letters 7/26/2024Town Staff Reviews Draft NOP and AB 52/SB 18 Tribal Consultation Letters 8/2/2024 TSMBI Distributes NOP (30 Days) 8/7/2024Town Distributes AB 52/SB 18 Tribal Consultation Letters (60 Days) 8/7/2024Planning Commission Meeting - MF Zone & ODS Overview and Schedule 8/1/2024 PCEIR Scoping Meeting Late August SSTown Staff Provides Full Project Overview and Progress on Other HEU Items to Town Council 9/19/2024 TCMBI Prepares Draft MF Zone, ODS, and EIR and Staff Review 10/25/2024 - 12/20/2024 TS TSMBI Prepares Public Review Draft EIR and Public Review Draft MF Zone and ODS and Staff Review 12/20/2024 - 1/10/2025 TS TSMBI Distributes NOA (45 days) and uploads MF Zone and ODS to Town Website 1/17/2025Planning Commission Workshop to Present Public Draft Zone and Design Guidelines January 2025 PC OPCMBI Prepares Draft Final EIR and Final MF Zone and ODS, Prepare Final Response to Comments and Uploads to Town Website 3/17 - 4/28/2025 TS TSPlanning Commission Hearing May 2025 PCTown Council Hearing June 2025 TCFile EIR Notice of Determination June 2025Legend:Green = Outreach TS = Staff TC = Town CouncilPC = Planning Commission (OPC=Optional) SS = public scoping session workshop (virtual)
IMPORTANT: January 31, 2026 deadline for adoption of new MF zoning 30-days
60-days
45-days
February March April May June July
2024 2025
June July August September October November December January ITEM 8B ATTACHMENT 2
Consultants Hired By LAH to Assist with MultiFamily Housing Are Not Protecting the Interests of Town Residents and Need Greater Supervision By the Town Council By Michael Grady, resident of Los Altos Hills
In May of 2023, the Los Altos Hills Town Council adopted its Housing Element document which had been drafted by the Town’s outside consultants and the Town’s staff with virtually no input from Town residents. Despite a crowded Council Chamber full of residents who vociferously complained that they had not previously received adequate notice of, and an opportunity to provide input regarding, the proposed Housing Element, the Council voted to approve the Housing Element. In doing so, the Council members emphasized that they needed to approve the Housing Element as presented at that May meeting, or else the Town would miss the State imposed deadline for certification, by the California Department of Housing and Community Development (“HCD”), that the Housing Element substantially complied with State mandates for facilitating the construction of multi-family housing in Los Altos Hills. Council members emphasized that failure to obtain HCD’s certification by the State deadline would have resulted in the Town being subjected to the “Builder’s Remedy,” under which the Town’s existing zoning and land use ordinances would be nullified, and developers would be able to develop high density, high rise buildings anywhere in Los Altos Hills.
In response to numerous residents’ expression of alarm at a >300 unit development plan which the owners of the property at Twin Oaks Court (located off Arastradero Road between Stirrup and Purissima) had submitted to the Town, Mayor Mok and other Council Members sought to assure residents that in voting to approve the Housing Element, the Council was not approving the 300+ unit development proposal at Twin Oaks Court, nor did they expect the Town would ever approve any development of that number of units in the area of Twin Oaks Court. Indeed, the Housing Element which was presented to Town residents, and which the Council approved at the May 2023 meeting, expressly stated that the Twin Oaks property, together with an adjacent parcel at the corner of Arastradero and Stirrup had only “a total projected capacity of 92 units.” The Housing Element projected that the majority of the Town’s RHNA allocation of new multifamily residential units would be built on Foothill College property, which has four lane road access and other nearby infrastructure more suitable for construction of a large number of multifamily housing units.
At the May 2023 meeting, I had urged the Council to modify the proposed Housing Element to provide that only a portion of the Twin Oaks property (in particular, lots 4, 5 and 6, which total
4.5 acres) would be rezoned for multifamily housing, rather than the total of 14.5 acres which the Housing Element, as presented to the Council, proposed to be rezoned for multifamily housing at a density of between 20 and 30 units per acre. I pointed out that rezoning only lots 4, 5 and 6, which are the flattest portions of the property, to allow between 20 and 25 units per acre would still easily accommodate the 92 units which the Housing Element expressly stated was the “projected capacity” of this area of the Town, and so would be sufficient to satisfy the Town’s RHNA allocation. But because of the impending deadline for HCD certification, and its 1 Item 8B, Supplement 1
fear of the Builder’s Remedy, the Council was unwilling to tinker with the Housing Element as drafted and presented to the Council by the Town’s consultants and staff.
Despite their previous assertion, in the May 2023 Housing Element which they drafted and presented to the Council for approval, that the “total projected capacity” of the Twin Oaks and adjacent Arastradero parcels was 92 units, these very same Town consultants presented, at an August 1, 2024 Planning Commission hearing, development plans showing how over 300 new residential units could be built on the property. Clearly, in presenting the Town’s residents and Council with a draft Housing Element which asserted that the “total projected capacity” of the Twin Oaks and Arastradero parcel was 92 units, the Town’s consultants grossly misled the Council, and Town residents, given that these same consultants now apparently consider a development of 300+ units to be a feasible capacity. Fraud is a strong word, and one which I don’t use lightly, but if it wasn’t fraud, it certainly seems like malpractice on the consultants’ part.
Whether the consultants’ previous representation regarding the 92 unit “total projected capacity” of these parcels was fraudulent, or just negligence, it is certainly a proper basis for the Council to amend its Housing Element to narrow the scope of rezoning at Twin Oaks. There is no longer the threat of the “Builder’s Remedy” hanging over the Council, because the Town met its deadline for HCD certification of the May 2023 Housing Element. Now that the Council, and the Town residents, have been notified that proceeding to rezone all 14.5 acres as contemplated in the Housing Element which the consultants drafted could allow a 300+ unit development, not just a 92 unit development, it would be irresponsible for the Council not to amend the Housing Element to reduce the area to be rezoned multifamily to encompass only lots 4, 5 and 6 of the Twin Oaks subdivision. Such an amendment would still provide 4.5 acres of multifamily zoning and at a density of 21 units per acre would still accommodate the previously projected 92 units of “total capacity” that the Town needed to meet its RHNA allocation, while avoiding the catastrophic traffic, visual, and other adverse infrastructure impacts that a 300+ unit development would inflict on Town residents. (Furthermore, reducing the size of the area to be rezoned to just the 4.5 acres needed to accommodate the previously projected “92 units” would be consistent with the State’s preference that multifamily zones be under 10 acres.) Arastradero Road between Page Mill and Deer Creek Road is a narrow, one-lane each direction road that is a critical fire and emergency evacuation route. With the CalTrans 280 easement on one side, and steep hillsides and ravines on the other, Arastradero is unsuitable for the kind of widening which would be required to accommodate the increased traffic that a high density housing project of more than 100 units would entail, particularly in the event of a fire, earthquake, or other emergency requiring mass evacuation of Town residents.
Reducing the size of the area to be rezoned will also allow the Town to avoid costly litigation with a developer who would undoubtedly seek to construct as many units as possible over the entire rezoned parcel, irrespective of the steep slopes (substantial portions of the other lots at Twin Oaks are steeply sloped) and adverse visual impact on the Town’s character. Once a parcel of property is rezoned for high density multifamily construction, that creates a degree of entitlement in the property owner to build high density housing on that parcel. By refraining from 2
rezoning a given parcel to multifamily, no such new, expanded entitlement is conferred upon the owner, so no developer would be able to push the limits of the expanded entitlement. In addition, if the Council does not reduce the size of the are to be rezoned, the Town will incur very substantial litigation expenses trying to defend the adequacy of the Environmental Impact Reports, and the sufficiency of mitigation measures to address the extremely adverse impacts of rezoning the entire 14.5 acres to enable a 300+ unit multifamily housing development on the narrow Arastradero Road traffic and emergency evacuation corridor.
It is clear from the events described above that the consultants which the Town hired have not been looking after the interests of homeowners in Los Altos Hills. It also seems clear that the Council needs to exercise greater supervision over the consultants (and to direct Town staff to ensure that the consultants are protecting the interests of Town residents, rather than the interests of developers seeking to maximize their profits). The Town’s consultants negotiated, drafted, and presented the Town Council with a Housing Element which was materially misleading to the Council, and to the Town residents, in its assertion that the “total projected capacity” of the 14.5 acres of property which they proposed to be rezoned in the Twin Oaks area was only 92 units. In fact, as evidenced by these consultants’ subsequent presentation at the recent August 1, 2024 Planning Commission hearing, if the Town proceeds to rezone all
14.5 acres, it will be creating an entitlement under which a developer can seek to construct over 300 dwelling units on steep, highly visible hillsides, with inadequate road and other infrastructure capacity. Such a development is not only unnecessary to meet the Town’s RHNA allocation, it would be extremely detrimental to the interests of the Town’s residents.
Accordingly, the prudent and appropriate course of action is for the Town Council to amend its Housing Element to provide for the rezoning only of lots 4, 5 and 6 of the Twin Oaks property. 3
ITEM 9A STAFF REPORT
THE TOWN OF LOS ALTOS HILLS September 19, 2024
Staff Report to the City Council
SUBJECT: Introduction of an ordinance (first reading) of the Town of Los Altos Hills amending Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code to amend regulations relating to application processing and standing committee review procedures in accordance with program B-15 of the Los Altos Hills 2023-2031 Housing Element.
CEQA Review: Consider exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3).
FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION
That the City Council takes the following actions:
Consideration of a waiver of first reading and introduction of an ordinance (first reading) of the Town of Los Altos Hills amending Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code to amend regulations relating to application processing and standing committee review procedures in accordance with program B-15 of the Los Altos Hills 2023-2031 Housing Element.
BACKGROUND
The Los Altos Hills 2023-2031 Housing Element was adopted by the City Council on January 30, 2023, and certified by the California Department of Housing and Community Development (HCD) on May 30, 2023. The Housing Element sets goals, policies, and programs intended to increase housing supply, remove constraints to housing production, meet the Town’s Regional Housing Need Allocation (RHNA) obligations, promote housing mobility and fair housing opportunities, and comply with State Housing Element Law requirements.
In particular, the Housing Element examined the Town’s development project review process to evaluate improvements that could be made to facilitate and streamline housing development reviews and grant of entitlements. The evaluation reviewed the current residential project permitting process and resulting entitlements; while the current process has not been found to be a constraint, the Housing Element nonetheless deemed it necessary to include Program B-15, which limits the time of certain Town Standing Committees to review and comment on housing development projects.
This change, along with other programs to adopt objective standards, are aimed to facilitate housing development and meet state law that require residential development projects be reviewed pursuant to objective standards through a streamlined, ministerial approval process.
On August 1, 2024, the Community Development staff presented an introduction of the materials recommended later in the document for adoption. Planning Commission met with the Community
City Council Page 2
Committee Review Ordinance Informational Update
September 19, 2024
Development staff resulting in the development of outreach goals. Community Development staff collaborated with the Environmental Design and Protection Committee on August 13, 2024, the History Committee on July 16 and August 20, 2024, the Open Space Committee on August 21, 2024, and the Pathways Committee on July 22 and August 22, 2024 to review adjustments to the existing ordinances, charters and Housing Element achievements over a series of meeting conducted with the committee chair or committee at larger as committee schedules allowed between the middle of July and end of August. To streamline the committee review process, the staff engaged each committee in discussions focused on several key questions.
The table below summarizes the main takeaways from these discussions, which address the following questions and responses from each committee:
1. Should the Committee reinstate the use of a routing sheet/cover sheet for development projects under review?
2. Is the timing of reviews clearly communicated to the Committee?
3. Would a checklist be helpful for the Committee in reviewing projects?
4. Would the Committee prefer to review applications multiple times during the review process?
5. Are there additional materials the Committee believes should be requested as part of the review process?
Table 1. Committee Response Summary
Committee /
Questions
1)
Routing
Sheet
2)
Clear
Timing
of
Reviews
3)
Checklist
for
Reviews
4)
Multiple Review
Rounds
5)
Additional Materials
Requested
Pathways Yes Yes
Already
have a
checklist
Only if there are
major substantive
changes or prior to
hearing
Landscape irrigation plans,
fence obstructions, sharp
turns, off-road path staking,
and easement confirmations
Environmental
Design and
Protection
Yes Yes
Already
have a
checklist
Only if there are
major substantive
changes or prior to
hearing
Color light boards
Open Space Yes Yes
Interested
in having
a checklist
Only if there are
major substantive
changes or prior to
hearing
Geotechnical reports, arborist
reports, and easement
confirmations
History Yes Yes
Interested
in having
a checklist
Only if there are
major substantive
changes or prior to
hearing
None
City Council Page 3
Committee Review Ordinance Informational Update
September 19, 2024
At the September 5, 2024, Planning Commission the summary above was revealed and discussed.
The planning commissions made the following motion:
“To make a recommendation to the City Council to approve the ordinance in Item 5.2 Attachment 2 Exhibit A and also to recommend an internal policy for the planning staff to include the following items to four (4) committees: Environmental Design & Protection Committee (EDPC), Open Space Committee (OSC), Pathways Committee, and the History Committee.
1. A routing sheet,
2. Access to the properties being reviewed, and
3. One full set of 24” x 36” size plans to be maintained at the front counter.” Motion passed unanimously. With the recommendation from the Planning Commission the next step is the motion we are asking the City Council to consider here in and for the Community Development Staff if approved to implement recommendations in alignment with the Housing Element Schedule and as feasible during the course of operation.
DISCUSSION
Program B-15 of the 2023-2031 Housing Element states:
“Amend the Town’s Zoning Ordinance to limit advisory committee meetings to one meeting, and require comments be provided to the decision-making body within thirty days of a complete application. Further, specify that advisory committee review shall only provide comments relating to conformance with the General Plan, Municipal Code, Council- adopted policies and guidelines, and specific, Objective Design Standards.”
To implement this program, Community Development and City Attorney staff have prepared certain draft amendments to the Zoning Ordinance under Title 10 of the Los Altos Hills Municipal Code. These changes are included as Attachment 1. In summary, the changes would clarify the process to be followed to deem an application “complete” under state law and for referring the application for review by the appropriate/applicable standing committee.
It would, consistent with Program B-15, provide that committee review and comments must be completed within one meeting and 30 days of a complete application. It also codifies the scope of review to those items stated in Program B-15.
The committees that would receive these referral reviews are the Environmental Design and Protection Committee, History Committee, Pathways Committee, and Open Space Committee. These requirements would be codified notwithstanding any contrary provisions stated in Resolution No. 90-22, which establishes these standing committees and adopt certain rules pertaining to them.
Program B-15 sets a timeline of completion for Quarter 3 of 2024.
The proposed ordinance amendments in Attachment 2, if adopted mark a compliance milestone for the program. Staff recommends that the City Council consider approval of the proposed ordinance, due to the vigorous outreach, public vetting, and strategic alignment with the General Plan and Housing Element.
City Council Page 4
Committee Review Ordinance Informational Update
September 19, 2024
GENERAL PLAN
The proposed ordinance changes were proposed and approved as part of Program B-15 for the Housing Element of the General Plan. Their preparation ensures compliance with State regulations and achieve goals of the Housing Element.
ENVIRONMENTAL REVIEW
The proposed actions are considered exempt pursuant to CEQA Guidelines Section 15061(B)(3) as the informational session and the proposed ordinance amendments have no potential to create any physical changes on the environment.
2024-25 CITY COUNCIL WORK PLAN
The 6th Cycle Housing Element Implementation was a part of the 2023 and recently proposed 2024-25 City Council Work Plan. The key project falls under the Priority Area, Quality of Life and Community. Additionally, the 2024-25 Work Plan incorporates staff capacity to work with the community, committees, the Planning Commission, and City Council on other programs of the Housing Element.
FISCAL IMPACT
The fiscal impact to the Town for amending the committee review ordinance only relates to staff time in preparing documents that were discussed with the committees and Planning Commission.
ATTACHMENTS
1. Planning Commission Resolution 5-24: Recommendation to City Council
2. Proposed City Council Ordinance: Amendment to Title 10 of Zoning Code
3. Link to Los Altos Hills 2023-2031 Housing Element:
https://www.losaltoshills.ca.gov/DocumentCenter/View/6251/General-Plan---5-HousingElement-PDF
ITEM 9A ATTACHMENT 1
ITEM 9A Attachment 2
ORDINANCE XX.XX
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL
CODE TO AMEND REGULATIONS RELATING TO APPLICATION PROCESSING
AND STANDING COMMITTEE REVIEW PROCEDURES IN ACCORDANCE WITH PROGRAM B-15 OF THE LOS ALTOS HILLS 2023-2031 HOUSING ELEMENT WHEREAS, a severe housing crisis exists in the State of California with the demand for housing outstripping supply; and
WHEREAS, the State Legislature has enacted a number of laws relating to streamline approvals of housing development projects and to promote housing supply, growth and mobility; and
WHEREAS, the adopted and state-certified 2023-2031 Housing Element (“Housing Element”) of the Town of Los Altos Hills (“Town”) contains numerous goals, policies and programs to streamline residential development projects and promote housing opportunities and mobility, which covers, among other things, the streamlining of approval timeframes, the preparation and use of objective standards, and updating project review processes to promote housing development opportunities and in accordance with state law; and WHEREAS, specifically, Program B-15 of the Housing Element committed to “Amend the Town’s Zoning Ordinance to limit advisory committee meetings to one meeting, and require comments be provided to the decision making body within thirty days of a complete application.
Further, specify that advisory committee review shall only provide comments relating to conformance with the General Plan, Municipal Code, Council- adopted policies and guidelines, and specific, Objective Design Standards”, which in large part reflects existing, uncodified practice where Town committees expeditiously and timely provide comments on development projects; and
WHEREAS, to accomplish Program B-15, the Town has prepared a set of amendments to LAHMC Title 10, Chapter 2 to incorporate the legislative changes identified above and as set forth in the Housing Element (collectively, the “Zoning Text Amendments”); and WHEREAS, on September 5, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; and WHEREAS, on September 19, 2024, the City Council held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; and WHEREAS, the proposed Zoning Text Amendments are consistent with and support the Los Altos Hills General Plan by helping to ensure the implementation of housing goals, programs and strategies in the 2023-2031 Housing Element, including but not limited to those with respect to streamlining the advisory committee review timeframe and scope, and promote efficiency in a well-established, streamlined application review process; and WHEREAS, under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a
significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, in this case the proposed Zoning Text Amendments do not have a potential for creating a significant environmental effect as they do not create any zoning land uses, approve any development projects, or issue any entitlements, but are regulatory actions taken by the Town to implement procedural requirements only; and
WHEREAS, the proposed Zoning Text Amendments are intended to improve the Town’s application review process and codify existing practices, and to implement policies and programs consistent with State Housing Element Law, in a way that protects and promotes public safety, community welfare, and the Town’s character and aesthetic quality.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills hereby ordains as follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the Town of Los Altos Hills hereby makes the following findings:
1. All of the facts and recitals above are true, correct, incorporated herein and made a part hereof.
2. Based on the entirety of the record before it, the City Council hereby finds that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15283 of the CEQA Guidelines, Public Resources Code section 21080.17, and Government Code sections 65660 et seq. and 65583(a)(4).
Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed Zoning Text Amendments do not have a potential for creating a significant environmental effect as they do not create any zoning land uses, approve any development projects, or issue any entitlements, but are regulatory actions taken by the Town to implement procedural requirements only.
3. This Ordinance was prepared, introduced, and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65853-65860) and meets all of the requirements thereunder.
4. This Ordinance is consistent with and supports the Los Altos Hills General Plan by implementing housing goals, programs, and strategies in the 2023-2031 Housing Element, improving the Town’s application review process and codify existing practices, and furthering housing development project entitlements and opportunities. The amendments proposed in the Ordinance would accomplish the program goals identified in the Housing Element and continue to implement the Town’s housing strategies in compliance with state law.
SECTION II. AMENDMENT.
Chapter 2, Title 10, of the Los Altos Hills Municipal Code, is hereby amended to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting.
This Ordinance shall become effective thirty (30) days from and after its adoption.
INTRODUCED: ______________, 2024
PASSED: _______________, 2024
AYES:
NOES:
ABSTENTIONS:
ABSENT:
BY: _________________________
Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
City Attorney
EXHIBIT A
SECTION I. Revisions to Article 13, “Administration and Enforcement” of Chapter 2 of Title 10
The following sections in Article 13, Chapter 2, Title 10 are amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect.
Section 10-2.1304 Applications—Reviews and consultants.
Within thirty (30) days of receipt of a site development application or a permit application that are reviewed and considered pursuant to the procedures set forth in this chapter, the Community Development Director or designee shall determine whether the application is complete pursuant to the State Permit Streamlining Act and the Town’s Application Checklist maintained by the Community Development Department. The Planning Community Development Director or designee may retain the services of engineering geologists, soils engineers, foresters, landscape architects, or the City Attorney to advise in the review of site development applications. The costs of such services shall be borne by the applicant.
Upon receipt of a site development application, the Community Development Director or designee shall also refer such application for review to the appropriate staff and to one or more of the following Town Standing Committees: the Pathways Committee, the Open Space Committee, the History Committee, and Environmental Design and Protection Committee, as determined applicable by the Director, to provide their written comments and recommendations on the application.
The respective committees shall review and provide comments and recommendation during a noticed public meeting and shall complete such review within one (1) meeting for each committee, which shall occur no later than within thirty (30) days from an application being determined complete by the Community Development Director pursuant to the Town’s Application Checklist maintained by the Community Development Department. Notwithstanding any provisions set forth in City Council Resolution No. 90-22, review by the applicable Standing Committee shall be limited to the following: the application’s conformance with applicable standards, policies, regulations, and requirements under General Plan, Municipal Code, Council-adopted policies and guidelines, and specific Objective Design Standards adopted by the Town.
Section 10-2.1305 Applications—Action and hearings.
(a) The Planning Community Development Director shall review consider all site development applications for projects meeting the criteria outlined in Section 10-2.301(a). The Planning Community Development Director may issue a permit with such reasonable conditions as he or she may deem necessary to achieve the purposes of this chapter, may refer the application for hearing before the Planning Community Development Director or the Planning Commission, or may disapprove the application for site development. (b) The Planning Community Development Director shall review consider all site development applications for projects meeting the definitions in Section 10-2.301(b) after pursuant to a
noticed hearing. The Planning Community Development Director may issue a permit with such reasonable conditions as the Planning Community Development Director deems necessary to achieve the purposes of this chapter, may refer the application to the Planning Commission, or may disapprove the application for site development. Plans shall be referred for review to the appropriate staff and to the Pathways Committee and Environmental Design Committee, and notice of the hearing shall be provided to each of those committees and to the Planning Commission.
Notice of the time and place of the hearing shall be posted in at least three public posting places and posted on the property adjacent to a public street or adjacent to any access road or way to the property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 300 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing. The notice shall state the purpose of the application, the time and place of the hearing, and a statement that all written and oral statements will be considered by the Planning Community Development Director.
In addition to evidence presented at the hearing, the Planning Community Development Director shall consider the recommendations of staff members and of the Pathways Committee, the Open Space Committee, the History Committee, and the Environmental Design and Protection Committee, as applicable and provided pursuant to Section 10-2.1304 in making a determination regarding the proposed project.
Section 10-2.1305.1 Fast-track process.
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(b) The fast-track review process shall consist of the following:
(1) A complete application shall be filed pursuant to the provisions of Section 10-2.1303. and shall be reviewed pursuant to Section 10-2.1304. Plans shall be referred for review to the appropriate staff and to the Pathways Committee, the Open Space Committee, History Committee, and the Environmental Design and Protection Committee, in accordance with Section 10-2.1304.
(2) For a new residence project, the Planning Community Development Director or designee shall determine the project's eligibility for the fast-track process using the Fast Track Guide checklist. Only projects that score 14 points or less shall be eligible for the fast track process. The Fast Track Guide checklist, or a project's conformance with the
Fast Track Guide checklist, shall not provide the basis for the Site Development Authority's approval, conditional approval, or disapproval of a project. (3) Upon the Planning Community Development Director's determination that the application is complete, the applicant shall install story poles at the site to represent an outline of the size and height of the proposed project. (4) Upon installation of the story poles to the satisfaction of the Planning Community Development Director, notice of a site development hearing shall be mailed to all owners of property located within 500 feet from the subject property, pursuant to the notice provisions of Section 10-2.1305(c) and to members of the Planning Commission. (5) The Planning Community Development Director shall set a site development hearing for the proposed project to be held not sooner than 10 days after notice is mailed. The hearing shall take place at the date and time specified in the notice, but the Director shall make every effort to accommodate the schedules of all interested parties, including continuing the day and/or time of the meeting if necessary. (6) Environmental Design and Protection Committee, Open Space Committee, Pathways Committee, and History Committee representatives may participate in the site development hearing and shall receive notice of the hearing on the same date that notice is mailed to property owners.
(7) An interim staff report shall be prepared at least five days prior to the hearing, and be available for public review, outlining the project characteristics (floor area, development area, height, setbacks, materials, etc.) and its compliance with the Town's General Plan, Zoning and Site Development Codes, Town policies, and subdivision conditions, where applicable.
(8) The hearing shall be conducted by the Planning Community Development Director, and no other person may preside over the hearing unless so authorized by action of the City Council.
(9) The Planning Community Development Director shall approve the project if the Director determines that the project complies with the Town's General Plan, Zoning and Site Development Codes, Town policies and subdivision conditions, if applicable. (10) A final staff report shall be prepared to supplement the interim staff report with discussion of any issues raised by neighbors, committee representatives, staff, or the applicant, and to include the final conditions of approval and the applicant's signed agreement to those conditions. If opposition to the project exists, that opposition shall be noted in the final staff report along with the Planning Community Development Director's assessment of whether the opposition is supported by facts or relevant information.
(11) Written notice of the Planning Community Development Director's decision shall be provided to the applicant, all property owners notified of the site development hearing, and any other parties attending or providing written comments at the hearing, and to the Planning Commission, a minimum of 10 days prior to the end of the appeal period. (12) The City Council may review the Planning Community Development Director's decision in accordance with the process contained in Section 10-1.1010, with transmittal of the final staff report and notice of the decision by the City Clerk to Council to occur pursuant to such process.
(13) Any interested party may appeal the Planning Community Development Director's decision to the Planning Commission by filing a written notice of appeal with the City Clerk within 21 days of the Planning Community Development Director's decision prior to its expiration pursuant to subsection (b)(14) below. A nonrefundable filing fee and deposit for services shall accompany each appeal, except that any member of the City Council or any two members of the Planning Commission may file such an appeal without payment of a fee. The appeal shall be considered at a public hearing in accordance with the provisions of Section 101.1005. A public hearing shall be set no later than 45 days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant.
(14) If no appeal is made, the decision of the Planning Community Development Director shall become final at 4:00 pm on the twenty first (21st) day following the action.