not an agent or employee of the Town. As an independent contractor he/ she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee( s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant' s negligent performance or wrongdoing.
2. 11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject ofthis Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town' s sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town' s sole discretion, sever any such employment relationship.
2. 12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3. 1 Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/ her and his/her firm to an amount not less than: one million dollars ($ 1, 000, 000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/ her and his/ her staff to Agreement for Consultant Services — CSG Consultants, Inc. — North 40 Phase 1 Project
an amount not less than one million dollars ($ 1, 000, 000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $ 1, 000, 000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant' s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant' s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer' s liability.
3. 2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty ( 30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3. 3 Workers' Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.
Agreement for Consultant Services — CSG Consultants, Inc. — North 40 Phase 1 Project
3. 4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant' s officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4. 1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach ofthe same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court ofthe County of Santa Clara.
4. 3 Termination ofAgreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
4. 5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees, including costs of appeal.
4. 6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos CSG Consultants, Inc.
Attn: Town Clerk 3150 Almaden Expressway # 255
110 E. Main Street San Jose, CA 95118
Los Gatos, CA 95030
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
Agreement for Consuhant services — CSG Consultants, Inc. —North 40 Phase I Project
4. 7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4. 8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
JfWVI/ N I
Laurel Pr vetti, Town Manager
T
a ed by:
Man Morle , Director of Pa}1 n Public
Works \
Approved as to Form:
Robert Sc"
Qc d Town Attorney
Consultant, by:
oE
Nourdin Khayat E
Vices PlzarnFnrr
Title
Agreement for Consultant Services — CSG Consultants, Inc. — North 40 Phase I Project
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STATEMENT OF QUALIFICATIONS TO THE
Town of Los Gatos
STATEMENT OF QUALIFICATIONS To THE TOWN Of Los GATOS
PROFESSIONAL SERVICES
Table of Contents
Cover Letter
Introduction
Capabilities & Approach to Work
Key Personnel
Related Project Experience
Professional Fees
i a : I UVF6 i,.. .:, F T, ,,,; 1, 6,, TC5. PRCrr590-
aI';P , I ri Cover
letter April
9, 2018 Lisa
Petersen Assistant
Director / Town Engineer Town
of Los Gatos 41
Miles Avenue Los
Gatos, CA 95030 RE:
Statement of Qualifications for Professional Services Thank you for the opportunity for CSG Consultants, Inc. (CSG) to present its Statement of Qualifications to the Town of Los Gatos for various public works and building inspection services. For over 27 years, CSG has been providing ahost of professional municipal services tothe public sector. Our staff currently serves over 160 California communities providing engineering design, construction management andinspection, development review, grant administration, staff augmentation, building inspection, and project management services. Based on our knowledge, experience, and broad selection of services we are well suited to fulfill the requested services. Hatem Ahmed, PE, PMP, will serve as the primary contact forthis project. His contact information is as follows:
Hatem
Ahmed, PE, PMP I Contract Manager phone (
650) 522- 2511 1 hatem@csgengr. com We
are confident that our team is best suited to deliver civil engineering services for the Town. Below is a summary of specific reasons why the Town should choose CSG as their on -call consultant. The Right Experience — CSG has extensive experience inproviding civil engineering design, development review, construction management andinspection, and building department services for public agencies throughout the San Francisco Bay Area. Experienced Project Managers — CSG' s project managers have a proven track record of delivering projects on time and within budget. Many of our staff bring direct public sector experience providing the Town with aunique perspective toward approaching projects. Commitment to Quality Assurance / Quality Control (QA / QC) — CSG is dedicated in utilizing apeer review process with multi -level internal quality checking ofthe deliverables for each service line. The dedicated QA / QC personnel each have over 30 years of civil engineering and municipal experience. We are confident that our team is best suited todeliver public works and building inspection services forthe Town. If you have any questions, please contact Mr. Ahmed at the information provided above. Sincere' , Cyrus
Kianpour President,
CSG Consultants, Inc. 3150
Almaden Expressway 4255, San lose, CA 95118 Phone (
408) 618- 8300 1 Fax ( 408) 618- 8310 1 www. csgengr. com CSG
CONSULTANM
STATEMENT OF QUALIFICATIONS TO THE TOWN OF Los GATOS
PROFESSIONAL SERVICES
This proposal is printed double - sided on 50% port- consumer content recycled paper to minimize paper consumption.
CSG Consultants, Inc. is a Certified Green Business through the Bay Area Green Business Program. With this certification, CSG is recognized as an environmental leader —meeting higher standards of environmental performance in conserving natural resources, reducing waste, preventing pollution, and using energy and water efficiently. air Afro
Grua Buslarss
STAB FMCNT c r QL, A I cr,- iC. ds TO - IF T Ov: N Cr Les Gcros Fnr ess orttt iama s
CIP PROJECT MANAGEMENT
CAPITAL IMPROVEMENT PROJECT MANAGEMENT & STAFF AUGMENTATION
CITY OF SAN CARLOS, CA
CSG assisted the City of San Carlos with the delivery of their Capital Improvement Program, as well as provided design and construction management support for several projects including the Main Library and City Hall improvements. The scope of work consisted of developing an implementation plan through a tracking log to capturing the scope, schedule and budget for each project. CSG then monitored the completion of work for each project through periodic progress meetings and provided project management for the delivery of several facilities related projects.
CAPITAL IMPROVEMENT PROJECT MANAGEMENT & STAFF AUGMENTATION
CITY OF ALBANY, CA
CSG is currently assisting the City of Albany with the delivery of their Capital Improvement Program, as well as provide design and construction inspection support for several projects including the following projects:
Albany Community Center HVAC Replacement Project. This project involved the replacement of existing HVAC units with more energy efficient units
Memorial Park Site Improvements: This project involved renovation of the park toddler play area and child care patio area
Albany Senior Center Renovation Project: This project involves the renovation of the kitchen and kitchenette
Evelyn Avenue Pavement Rehabilitation Project: This project involves the rehabilitation of the street pavement and drainage systems.
CAPITAL IMPROVEMENT PROJECT MANAGEMENT & STAFF AUGMENTATION
CITY OF GILROY, CA
CSG has been providing engineering and staff augmentation services for the City of Gilroy since 2013. CSG assists the City with their CIP project deliver including water mains, sewer rehabilitation, trail improvements, wayfinding signage, and pavement rehabilitation projects.
CAPITAL IMPROVEMENT PROJECT MANAGEMENT & STAFF AUGMENTATION1
TOWN OF COLMA, CA
CSG has been providing full engineering and staff augmentation services for the Town of Colma since 1991. We provide the Town with engineering staff augmentation, construction management and inspection, grant management, building inspection, building plan review, engineering services, recycling program coordination, geographic Information system ( GIS) management, and public works maintenance services. Our staff has also assisted the Town' s Planning Division staff and reviewed documents for CEQA compliance relating to land development and capital improvement programs.
CSG Consultants
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Pear k' AIU1H Samos
ENGINEERING PLAN REVIEW
FORD ORD DEVELOPMENT REVIEW AND INSPECTION I CITY OF MARINA, CA CSG is currently providing comprehensive development review and inspection for the development of 420 acres of former Fort Ord property that lies within the boundaries of the City of Marina.
The project, for which a Specific Plan was developed, consists of mixed use ( retail, entertainment, commercial, and live/ work), regional retail, low- income housing, office/ research/ light industrial, and residential areas. The development also includes numerous public parks and a multi -modal corridor.
The Promontory - 174 unit student house adjacent to CSUMB Campus
Imjin Office Park — 5 acre LEED certified civic center office site for Morino Coast Water District, Fort Ord Reuse Authority offices, Carpenters Union Local605, and Bureau of Land Management Veterons Affair Clinic— three story, 150,000 sq ft located on 14.3 acres.
University Village Apartments — 108 unit apartment complex The Dunes - New 332 SFH subdivision; including infrastructure and two new city parks
DEVELOPMENT REVIEW AND INSPECTION SERVICES I CITY OF DUBLIN, CA CSG currently provides as -needed development inspection, Final/ Parcel Maps and Engineering Plan review services to the City of Dublin. Notable projects are described below.
Dublin Crossing - 189 acre mixed use site that will connect the east and west sides of Dublin currently separated by Camp Parks. It is a transit oriented development that will eventually contain nearly 1,000 residential homes, 35 acres of park, 75, 000 to 200, 000 square feet of retail and commercial space and a new elementary school. CSG provided development review services during the entitlement phase.
Dublin Ranch Subarea 3 ( Phase 2) - CSG staff provided development review services for six new neighborhoods within the master planned community of Dublin Ranch. The approximately 64 acre project will include 437 single family residential units.
Moller Ranch - CSG staff provided review of improvement plans, rough grading, traffic signals, and parcel and final maps.
DEVELOPMENT REVIEW I CITY OF ROHNERT PARK, CA
CSG has provided on -call development review and staff augmentation services for the City of Rohnert Park since March 2013. Work performed to date includes the following:
Southeast Specific Plan - Review of grading
and improvement plans for a 450lot
residential development; assisted staff in
reviewing requested modifications to
development agreement by developer.
Cotati-Rohnert Park Unified School District
Surplus Property - Assisted staff with
ongoing discussions with District staff and
developer concerning infrastructure needs
for development of surplus District property.
University District Specific Plan - Review of
Tentative Map, Specific Plan, Hydrology and
Hydraulic Study, and associated documents
for 1, 454 lot residential development.
CSG Consultants
STATE VENT OF QUALWICAT IONS TO THE TOWN OF Los GATOS
PROFESSIONAL SERVICES
CONSTRUCTION MANAGEMENT
FULL DEPTH RECLAMATION PROJECT ( CITY OF CONCORD, CA
CSG provided construction management and inspection for a $ 2. 5 million roadway rehabilitation project involving the reconstruction of two neighborhood collector streets over a distance of approximately 1. 0 miles. The project scope utilized a full depth reclamation ( FDR) process which included milling the top surface of asphalt, pulverizing, mixing and cement treating the remaining asphalt and base rock, shaping and compacting the street section to proper grades and then placing rubberized hot -mix asphalt as a top lift for the new street section. Work scope also included sidewalk repair, curb ramp installations, adjustment of existing utility covers, striping, signage and a section of fiber optics conduit with pull boxes.
The project was started late in the season, with temperature - sensitive rubberized asphalt specified in the work scope. Tracking and maintaining the schedule as well as timely resolution of unforeseen issues was critical to the project' s success. Challenges during the project included adjusting the means of construction to deal with a thicker than anticipated existing section of asphalt, researching existing conditions to resolve curb ramp constructability issues at a BART undercrossing and keeping adjacent community members notified with signs and notification flyers. The project was completed on time, within the working days allowed, and within the construction budget.
CRYSTAL SPRINGS TRUNK SEWER IMPROVEMENTS
TOWN OF HILLSBOROUGH, CA
CSG provided resident engineer and inspection services for the installation of over two miles of new 26"- 28" fusible high density polyethylene ( HDPE) gravity sewer main to replace the existing, undersized vitrified clay pipe ( VCP) along El Cerrito Avenue and Crystal Springs Road. The large pipe upsize increase requires the main installation to be completed with open trench construction. The project included the installation of over 60 new sewer manholes, 75 service lateral re -connections, system bypassing through portions of the existing pipeline, and four drilled concrete stitch pier walls to stabilize the adjacent San Mateo Creek embankment and support the utility work.
Critical project elements included traffic control, communications/ public relations, and utility coordination. Traffic control required daily monitoring and Town updates due to the project streets being important thoroughfares. Public relations efforts were ongoing for the project duration to ensure coordination with adjacent property owners on landscaping restorations, property access, and sewer service bypass notifications.
ON -CALL PUBLIC WORKS AND DEVELOPMENT INSPECTION I CITY OF FOSTER
CITY, CA
CSG has provided construction inspection services to the City of Foster City for various development projects. CSG has provided these services since June 2014. Projects include:
Foster Square — Construction inspection for this development which will include affordable housing, assisted living, commercial space, and open space
The Waverly— Construction inspection for a mixed -use 6.3 acre development which will include 730 residential units and over 290,000 square feet of commercial/industrial office use.
Pilgrim Drive Sewer Line — Construction Inspection for a sewer line replacement
Mariners Island Blvd 24" Transmission Project —
Construction Inspection for Phase A and Phase B
1299 Chess Drive — Construction Inspection for ofive -story wood framed hotel
CSG Consultants
SI ATE MEW OF QUALIFICATIONS TO THE TOWN OF LOS GATOS
PROFESSIONAL SERVICES
HILLSIDE BOULEVARD REHABILITATION AND BEAUTIFICATION
TOWN OF COLMA, CA
Winner of the 2015 APWA Project of the YearAWard for Small aries/ Rural Communities Hillside Boulevard, a principal north -south arterial through the Town of Colma, spans approximately 1. 5 miles. CSG was involved in the master planning, final design and construction of this beautification project. During the master planning stage of the project, CSG conducted traffic studies, presented our conceptual design to the community at two public meetings and effectively coordinated with project stakeholders, City staff and City Council to review and approve an aesthetically pleasing design concept. CSG worked closely with the Planning Department to deliver a conceptual design that incorporated all elements of
complete streets", including sidewalks, lighting, andpip'... r'' bike lanes. Design elements incorporated sheltered
left turns to act as traffic calming measures, additional street parking, continuous bike lanes, a continuous
sidewalk where none exist before, curb ramps, and
bio-retention areas or "rain gardens". Two traffic
signal modifications were completed to match the
new layout and bring those signals up to current
standards. The design incorporated a retrofit to all
intersections and pedestrian access points throughout
the corridor in order to meet ADA requirements. In
addition, the entire length of roadway was
rehabilitated by full -depth reconstruction.
2016 PAVEMENT REHABILITATION PROGRAM I CITY OF SAN RAMON, CA CSG was selected as the design consultant for the City's 2016 pavement project. The scope involved the rehabilitation of more than 60 street segments, totaling over 7. 5 centerline miles, in various locations throughout the city. After performing a deflection analysis on the most severely distressed pavements, three remediation methods were chosen, consisting of Overlays, Thin Maintenance Overlays, and Micro -surfacing. CSG staff conducted site visits to assess location of digout repairs, an inventory of existing iron (manholes, valves, etc.), evaluation of curb, gutter and sidewalk in need of repair, and evaluation of curb ramps for ADA conformance. CSG was also tasked with evaluation of several areas of existing brick pavers and determining a repair methodology. Al findings were documented through field notes and photographs.
FAIR OAKS BIKEWAY and STREETSCAPE IMPROVEMENTS
CITY OF SUNNYVALE, CA
The City of Sunnyvale proposed to construct safety improvements along Fair Oaks Avenue between Old San Francisco Road and Evelyn Avenue, and between Kifer Road and Ahwanee Avenue. Project scope included three public meetings and the development of several class I, II, and III bike lane alternatives along Fair Oaks Avenue.
Design work included the installation of class III bikeways with shared -lane markings, or "sharrows" and appropriate signage, bicycle loop detectors and pull boxes, camera systems at intersections on existing signal mast arms with new conduits, and pedestrian push buttons post, and foundation. Additional scope of work included upgrades existing non- ADA compliant ramps to ADA compliance, concrete improvements, including sidewalk, curb and gutter, and valley gutter replacement, drainage inlet modifications, monument adjustment, and electrical pull boxes adjustments to finished grade.
CSG Consultants
STATEMENT OF QUALIFICATIONS TO THE TOWN OF Los GATOS
PROFESSIONAL SERVICES
Related Project Experience
The following is a small sampling of recent projects for which CSG similar services. Additional example projects and references may be provided upon request.
ENGINEERING DESIGN
JUNIPERO SERRA BLVD. at KING DRIVE INTERSECTION IMPROVEMENTS
CITY OF SOUTH SAN FRANCISCO, CA
CSG was selected by the City of South San Francisco to redesign the intersection of Junipero Serra Boulevard and King Drive.
Junipero Serra Boulevard is a four -lane divided highway and King Drive is a two- lane arterial with median separations at Its intersection with Junipero Serra Boulevard. The project goal was to improve mobility for all modes and brings the intersection up to current standards for bicyclists, pedestrians, and ADA access.
CSG' s team developed the project from preliminary design, lead the community outreach process with multiple public meetings, multiple agency coordination including Caltrans, City of Daly City, and the South San Francisco Bicycle and Pedestrian Advisory Committee, and completed final design while managing the federal funding process.
The project scope included redesign of the existing medians and right -turn islands to improve intersection geometry and provide ` ADA compliance. Replacement of the existing traffic signals < located in the median with mast arm signals to improve visibility; hr upgrade of the existing traffic signals to provide protected left - turn phasing for King Drive, addition of a speed feedback sign on southbound Junipero Serra Boulevard to increase driver awareness of the posted speed limit; installation of standard ADA curb ramps throughout the intersection to improve pedestrian accessibility; addition of pedestrian signal heads and countdown timers at all crosswalks to improve pedestrian safety, and extension of existing bike lanes along Junipero Serra Boulevard through the King Drive intersection to improve bicycle safety.
VARIOUS STREETS AND ROADS PAVEMENT PROJECT I CITY OF MILLBRAE, CA CSG was selected by the City to perform the design of
pavement rehabilitation for a major City arterial,
Millbrae Avenue, and a residential street, Magnolia
Avenue. The project included pavement coring sample
testing, surveying, pavement recommendations report,
traffic handling plans, ADA curb ramp upgrades, traffic signal repair and traffic detours. Stakeholder
coordination was required with Caltrans Local
Assistance for compliance with Federal funding
guidelines ( an E- 76 was obtained for this project), as well as Caltrans Encroachment Permit Department for
coordination with Caltrans design review staff
regarding Caltrans owned facilities.
CSG Consultants
L ATE ME FIT OF QUA LINCATIONS TO THE TOWN OF Los GATOS
PRORSSIONAL SERVICES
CSG Consultants
STATEMENT OF QUAt IF ICAT IONS TO THE TOWN OF Los GATOS
PROFESSIONAL SERVICES
Key Personnel
As elaborated on in the organizational chart below and on the following pages, CSG' s team will be led by Hatem Ahmed, PE, serving as the overall contract manager. Ourteam includes highly qualified staff who have experience working for government agencies throughout the California and many have provided the requested services as extension of the agencies' staff on projects and tasks of similar scope and size.
Cyrus Kianpour, PE, PLS
Mark Lander, PE
Mo Sharma, TE, PE
Nourdin Khayata, PE
Resident Engineer
Dave Bishop, PE
Resident Engineer
Mojtaba Nahrvar, EIT
Assistant Resident Engineer
Bassam Badr
Assistant Resident Engineer
Ramon Bernardo
Construction Inspector
Saeid Mostafavi
Construction Inspector
Ahmad Lamb, PE
Construction Inspector
Gaetano Cosentino
Construction Inspector
Curtis Brian
Construction Inspector
Hatem Ahmed, PE, PMP
Contract Manager
Michael Fisher, PE, QSD/ P
Principal Engineer
Lawrence Lau, PE, PLS, QSD/ P
Principal Engineer
Ed Slintak, PE
Principal Engineer
Tommy Cho, PE
Senior Engineer
David Seto, PE
Senior Engineer
Sandra Meditch, PE
Associate Engineer
Allan Simeon, EIT
Associate Engineer
Cesar Caronongan
Associate Engineer
Kareem Arabi
Assistant Engineer
Frank Navarro, PE, QSD/ P
Principal Engineer
David Rubcic, PE, PLS
Principal Engineer
Mehdi Sharifi, PE, LEED AP
Senior Engineer
Michelle Bocalan
Assistant Engineer
ChaiLor
Senior Building Inspector
Juan Serrano
Building Inspector
Steven Davis
Building Inspector
CSG Consultants
BUILDING INSPECTION SERVICES
Standards and Responsibilities
CSG provides fully integrated, multi -disciplined building inspection services for residential, commercial, and industrial projects, and are experienced in all construction types. We provide experienced, ICC/ CSFM- certified ( and/ or with other appropriate entities in accordance with A8717) inspectors.
Our inspectors ensure compliance with applicable codes and requirements by identifying code violations, offering
solutions to developers, property owners and tenants on potential risks and safety hazards, and by working as a team to correct violations. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to applicants and customers.
Specific responsibilities include but are not limited to the following:
Providing inspection services for project compliance with relevant codes including accessibility, fire, grading, building, electrical, mechanical and plumbing Addressing inquiries and resolving complaints
Assisting with the construction and demolition permitting process Providing code administration, inspection and enforcement Maintaining records and files concerning construction permits and building code administration, documents for storage and/ or imaging
In addition, we can utilize inspection personnel whenever possible to perform over-the- counter plan reviews or assist as customer service back-up at the front counter in addition to regular inspection duties to save jurisdictions valuable time and expenses. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to applicants and customers. CSG provides all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties with no additional cost to the Town.
CASp Inspection Services
To facilitate the Town' s compliance with current rules and regulations, CSG can provide a CASp certified professional for technical questions and interpretations, and to perform accessibility compliance inspections and CASp inspection report development.
Continuing Certification and Training
We take pride in working with inspectors who have variety of inspection project experiences and who are motivated to achieve the highest level of certification. We work hard to match your jurisdiction' s level of safety and code compliance and understand that personality and customer service are crucial to on-the-job success. All CSG inspectors are ICC certified and/ or possess additional required certifications.
In addition, they routinely update their knowledge and skills through attendance of specialized training classes and seminars in approved and modern methods, materials, tools and safety used in building inspection, as well as the most current building standards.
CSG Consultants
STATE ME NT OF QUAL IF ICATION5 TO THE TOW N w Los GAT05
PROFESSIONAL SERVICES
CONSTRUCTION MANAGEMENT & INSPECTION
CSG' s experienced construction managers and inspectors provide construction administration for all types of public works infrastructure projects including transportation, underground utilities, parks and public facilities. All of our personnel are familiar with Caltrans Standard Plans and Specifications, and use the provisions along with agency standards, project plans, specifications and other applicable reference documents to enforce contract provisions. Most CSG construction managers have served as Resident Engineers on projects involving Caltrans oversight and are accustomed to incorporating the higher standard of project documentation required of a project subject to a federal audit. We employ a web - based, integrated project control system closely
following the Caltrans standards, monitoring all project documentation including correspondence, submittals,
RFls, diaries, schedules, material testing, contract change orders and progress payments. We also furnish photo
and video documentation.
Construction Management
CSG acts as jurisdictional agent during the construction of CIP projects and is responsible for the successful
completion of construction by overseeing contractors'
activities. CSG staff is responsible for ensuring that all work is built to the standards defined by the contract documents and typical duties include:
Communicating and coordinating with project participants including the jurisdiction, contractor, testing forces and regulatory/ permitting agencies
Monitoring and assessing project budgets andproviding cost control Tracking project progress against the schedule and contract duration Resolving, as necessary, project issues that may cause project scope, cost or duration to vary Completing contract administration paperwork including, but not limited to, processing and reviewing RFI' s submittals, potential change orders, progress payments and potential claims Supervising construction inspection efforts
Coordinating and participating in weekly progress meetings to discuss and resolve project issues Reviewing and ensuring the accuracy ofthe contractors' red-lined record drawings, preparing the final punch list and overseeing punch list item resolution Construction Inspection
Our inspectors are responsible for observing, measuring, and documenting contractors' operations.
Typical duties performed by our inspectors include:
Fully understanding requirements in plans and specifications, and maintaining an open dialog with construction managers for clarifications as necessary Monitoring and coordinating operations with contractors to ensure that critical operations are observed Bringing unacceptable work or material to the attention ofthe contractor and, If not resolved promptly, bringing the matter to the attention ofthe construction manager for resolution Maintaining complete, up- to- date and accurate diaries and photo logs reflecting equipment utilized; compliance with contract documents; work completed including the location, quantity and methods, • testing results; communications with the contractor including instructions, suggestions and requests; instructions from the engineer; and communications with the public or other agencies
Reviewing construction staking
Reviewing, measuring and calculating quantities for progress payments CSG Consultants
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FrSFa" " stormwater
treatment measure and landscape maintenance agreements), and staff reports. Meet with developers, consultants, and other agencies on behalf of staff, as requested. Staffing All
plan reviews will be conducted by a State of California licensed civil engineer or under the supervision of a licensed civil engineer. Each
plan review is assigned to a plan reviewer with oversight of the project manager. The assigned design plan reviewer willbe committed tothe project and will furnish all subsequent reviews for the project. It is the goal of CSG Consultants toprovide, where practical, a cradle - to - grave approach for project review, where areview team is assigned tothe project from entitlement through plan review and construction tocloseout and acceptance. Provide specialized qualified licensed engineers toassist in any structural, soil and geotechnical reviews, for any of the assigned projects. Map
checking will be overseen bylicensed professional landsurveyors or by professional engineers licensed topractice land surveying inthe State of California. The review team will be available for applicant inquiries or conferences during normal business hours, Monday through Friday, from 8:00 AM through 5:00 PM. Web conferences, fax, and conference calls are optional forms of communications between CSG and Town staff. Online Plan Check Status CSG
shall make available online services to enable Town and authorized applicants todetermine the status of plan checks. There is no additional cost for this service. Typical Plan Review Schedule Development
ofhard- and-fast schedules for completion of development review and plan review work is difficult as timing and scope of projects is not always known. Examples oftime frames for completing certain tasks are provided below. Pre -
application entitlement review, PRC review
Review
Tentative Map Application or Other
Entitlement Package Prepare
Conditions of Approval Complete
Improvement Plan or Map Review (
11' Check) Prepare
fee estimate, review bond estimate,
or prepare permit Review
application material inadvance of requested meetings; complete formal comments and submit to Planning within one week of meeting Fifteen (
15) working days of notice of submittal by Town Prepare within one week of request by Planning, or within reasonable shorter time frame if needed to meet hearing date Fifteen (
15) working days of notice of submittal by Town Ten (
10) working days of request Review
request for right- of-way vacation Ten (10) working days of notice of submittal by Town Review Lot Line Adjustment/ Lot Merger Ten ( 10) working days of notice of submittal by Town on scope, typically within five (5) Turnaround
times include pickup, QA/ QC, and delivery to Town. CSG will attempt toreduce theneed for formal resubmittals tothe Town by reviewing electronic submittals of revisions provided directly to CSG. Turnaround times would vary based on the scope ofthe review but would typically bereturned within onetotwo working days. CSG Consultants
STATEMENT OF QUALIFICATIONS TO THE TOWN OF LOS GATOS
PROFESSIONAL SERVICES
ENGINEERING PLAN CHECK / DEVELOPMENT REVIEW
Drawing on the combined experience and talent of our staff, we have found the following practices helpful in approaching development review, and plan review. The exact Scope of Work will be determined based on our discussion with the Town and the type of project.
New Development Entitlements
Review tentative maps, tentative parcel mops, architectural review, and other entitlement applications. Coordinate review with other Town staff and/ or outside agencies as needed.
Attend follow- up meetings with Planning staff, the applicant, or others as needed to resolve issues regarding the proposal. Review subsequent submittals of the proposal.
Assist the Town with development of conditions of approval, development agreements, and other requirements associated with development applications. Assist Town in negotiating with developers regarding terms of agreements or conditions (Additional tasks associated with the entitlement process are described above).
Plan Review and Map Review
Review final maps, improvement, and landscape plans.
Review includes evaluation of required records, studies, grading and improvement plan, and additional materials
submitted by the design professional. Confirm that plans conform to Town standard design criteria, conditions of approval, and infrastructure or other master plans..._ ' Each plan review will be accompanied with a letter
summarizing the red -line comments addressed to the
applicant' s engineer or landscape architect, with a copy to Town staff and the applicant. A complete red -lined set of drawings and any reports will be returned to the design professionals for use In their corrections. At the applicant' s discretion, the comment summary letter and red -lined plan sheets can be scanned and submitted electronically to the design consultant to expedite the review process.
CSG will meet with the applicant/ representative and Town staff to review comments or to delineate the standards which are not being met, in order to facilitate timely completion of the review and meeting the maximum goal of two plan checks. CSG will accept and review subsequent submittals electronically, when feasible, in order to expedite the review process.
Soils reports will be evaluated, and confirmation of recommendations will be included on the plans. Boundary conditions will be evaluated to maintain continuity with surrounding properties and maintain existing drainage patterns.
Construction erosion control and post -construction water quality control will be evaluated for compliance with the storm water quality management permit in effect for the Town.
Assist the Town with development of conditions of approval, development agreements, and other requirements associated with development applications. Assist Town in negotiating with developers regarding terms of agreements or conditions ( Additional tasks associated with the entitlement process are described above).
Confirm that the developer has obtained necessary permits or approvals from other public agencies as needed, and that plans conform to the Town' s NPDES Municipal Regional Permit requirements for storm water treatment and retention.
Review and recommend approval of engineering bond estimates and subdivision guarantees.
Assist the staff in preparing subdivision improvement agreements, other agreements ( including CSG Consultants
Project Manager and QA / QC
staff routinely perform their
inter -discipline coordination
and constructabilhy reviews on
all deliverables at draft and pre -
final submittal stages in order to
adhere to project' s goals and
agencies' expectations. The QA
QC Manager conducts periodic
audits of the QA / QC process to
ensure that all reviews are
being properly conducted and
documented by all team
members.
Deliverables will be reviewed
for:
STATEMENT OF QUALIFICATIONS TO THE TOWN OF Los GATOS
PROFESSIONAL SERVICES
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rCompliance with approved formats, criteria, specifications, and professional standards of practice.
Adequacy, clarity, ease of interpretation
Consistency
Constructability
Compatibility of design discipline interfaces
Errors and discrepancies
Coordination with related designs and project elements
Integration of design disciplines
Incorporation ofdesign changes
Conformance to required environmental mitigation and governmental regulations Review comments made by QA / QC staff will be noted on the deliverables being reviewed. All comments and the corresponding action items needed will be transcribed onto the comment forms.
Design Engineers will document their responses on the comment forms. A log of all QA / QC measures taken during the course of the project, including any corrective actions taken, will be maintained by the Project Manager.
CSG Consultants
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Identify permits required and prepare documentation
Right of way research and mapping
Coordination with affected property owners
Utility and other stakeholder coordination, mailing letters of intent and determination and coordination of any required relocations or conflict resolutions Auto CAD base map development, using AutoCAD Civil3D 2013 Field assessments of existing features ( with potential field meetings with the Town) o Striping and pavement marking identification
o Concrete curb ramp condition survey
o Traffic signal detection locating and identification
o Pedestrian & Bicycle safety and MUTCD compliance needs Identification of applicable Town/ County/ Caltrons Standard Plan details or development of customized construction details
Prepare reports and recommendations
Develop plans, specifications & estimates for construction o PS& Esubmittal review meetings with the Town
o Finalize design concept
Attend the Town' s Design group to Construction group " Hand-off' meeting Bid phase support
Construction phase support
Conduct a " Lessons Learned" meeting
QUALITY ASSURANCE / QUALITY CONTROL ( QA/ QC)
CSG' s in- house QA / QC Implementation Plan utilizes a peer review process with multi -level internal project checking. CSG will assign a staff member who will be dedicated to the QA / QC Implementation Plan and will be responsible for the followings:
Establishing guidelines & assigning accountable personnel and responsibilities for each task.
Assuring that all deliverables are reviewed, including products from subconsultonts.
Monitoring the process to assure that the schedule and budget are followed.
Participating in the internal and external reviews.
Reviewing and signing off on deliverables before submittal to the clients.
The Implementation Plan highlights that quality control is the responsibility of every team member of our staff at every level and at every milestone of the project development processes. All deliverables, including technical engineering reports, studies, design notes, maps, drawings, engineering cost estimates and specifications are subject to a multi -tiered approach for review to ensure that all products are checked for accuracy, correctness, completeness and conformity with standards. Design Engineers are accountable for making sure that their engineering design works are in conformance with local agencies' design guidelines, standards and specifications as well as the generally accepted industry standard practices.
CSG Consultants
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various trenchless pipeline replacement methods into sanitary sewer replacement projects for the City of Los Altos, City of Millbrae and Towns of Los Altos Hills and Hillsborough.
In addition to sanitary sewer pipeline replacement, CSG also has substantial experience in the rehabilitation of existing manholes and sanitary sewer structures. Utilizing epoxy coating and liners, CSG provides cost effective design alternatives to full replacement of existing structures.
Having prepared complete plans and specifications for sanitary sewer pipeline replacement both within street right- of-way and within backyard easements, CSG staff is very familiar with controlling cost while incorporating the least disruptive methods of pipeline replacement for a variety of site constraints.
Stormwater Improvements
CSG performs hydrologic and hydraulic analysis for an existing system, prepare drainage reports, and proposed drainage improvements using the latest versions of computer software' s such as HEC- HMS, HEC- RAS, and HydraFlow, following the Town' s design standards. CSG also perform stormwater quality and hydromodification analysis of the permanent treatment measures using Stormwater quality Manual and Handbook and Bay Area Hydrology Model (BAHM), provide runoff calculations, and prepare stormwater quality management as well as site exhibit showing best management practices (BMP), treatment devices and locations.
CSG is knowledgeable in the hydrologic investigation of storm drains systems to evaluate drainage capacity, and condition assessment of existing storm drains using surface examination, internal inspection using video cameras, and confined space entry. Using the results of these basic investigations, CSG has evaluated the storm drains for rehabilitation and/ or replacement using cut and cover and trenchless methods. CSG is also experienced in the design of repairs for slopes damaged by inadequate storm drainage outlets.
Storm drain replacements within street right of way generally do not present too many issues once appropriate traffic control measures are implemented. Replacements of damaged storm pipes using open cut or trenchless methods such as pipe bursting on the drainage easements on backyard, especially on steep slopes, however, are challenging. In many communities, residents have constructed improvements within their backyard that might interfere with the access to the damaged section of the drainage system. In this case, gaining access to the work location over non -easement areas may be a preferred option with the approval of the property owner. CSG staff is sensitive to this type of issues and will take all necessary precautions to minimize any disturbance to the property owners and avoid any damage to the existing improvements.
Design Checklist
CSG' s general design approach checklist is shown below. We make sure to address all of these items with the agencies we work with to ensure a well -managed and designed project.
Design kick off meeting with the Town, and record and distribute minutes CSG Consultants
STATE ME HE OF QUALIFICATIONS TO THE TOwH OF Los GATOS
PROFESSIONAL SERVICES
Green Infrastructure
CSG' s team of experienced designers can assist the Town in selection and design of permanent green infrastructure features, including the following:
Permeable pavers
Sloinfiltration/ bioretentions/ biotreatments/ buffer strips Flow -through planters/rain gardens
Detention basins/ subsurface detention
CSG has assisted multiple jurisdictions in applying low impact development in accordance with the Municipal Regional Permit on new development projects, and has reviewed and inspected permanent green infrastructure features, including bioretentions, detention basins.
CSG understands that in today' s limited water resource environment, we must focus on protecting the functionality of our streets during storm events, while maximizing the rainfall infiltrating into the soils, and maintaining a natural flow in our existing streams.
Some of the traditional LID features we commonly use are:
Permeable Pavers
Permeable pavers and other permeable pavement types allow water to get below the top layer of a sidewalk or street, in order make use of a vast amount of public space for either infiltration, or detention depending on a wide array of subsurface improvements.
A Low Impact Development ( LID) infiltration measure designed to detain stormwater runoff through biotreatment soil media and plant roots, and infiltrate stormwater runoff to underlying soils as allowed by site conditions.
Bioretention
A type of LID treatment measure designed to detain stormwater runoff, filter stormwater runoff through biotreatment soil media and plant roots, and either infiltrate stormwater runoff to underlying soils, as allowed by site conditions, or release treated stormwater runoff to the storm drain system, or both. The difference between a bioinfiltration area and bioretention area is that the bioinfihration area is never lined with an impermeable layer, whereas a bioretention area may be lined or unlined.
Detention Basins
A type of LID treatment measure designed to detain stormwater runoff, ideally combined with a method to filter stormwater runoff through biotreatment soil media and plant roots, and release the treated storm water runoff to the storm drain system.
Sewer System Improvements
CSG has extensive experience in the design of sanitary sewer systems. Our firm has completed variety of improvement projects and some of our recent projects include the design of sewer system improvements for the City of Los Altos, sanitary sewer improvement projects for the City of Millbrae, as well as smoke testing and point repairs for the Town of Colma.
In addition to traditional open cut installations and replacements, CSG staff is well versed in the application, as well as the limitations, of various techniques for trenchless construction such as pipe bursting, horizontal drilling, pipe reaming and lining with Cured -In -Place -Pipe. CSG will work closely with the Town to determine the most cost effective and practical method of replacement for existing sewer lines. While most sanitary sewer projects are located in streets and roadways, many are located within backyard easements. To minimize disruption to existing landscaping and hardscapes, CSG implemented CSG Consultants
STATE ME NT OF QUALIFICATIONS TO THE TOWN OF LOS GATOS
PROFESSIONAL SERVICES
an
Sidewalks / Pedestrian Improvements
CSG has completed many pedestrian accessibility projects throughout the state of California. CSG staff includes CASIO certified personnel, in addition to ADA designers and construction inspectors. Key project components to consider include:
ADA compliance
Right of way
Funding (federal vs. local)
Materials
Bulb outs ( and effect on drainage)
Shared use facilities
Traffic Signal Integration
Signage
Crossing locations with vehicles
Bicycle Improvements
Right of way
Funding {federal vs. local)
Materials
Shared use facilities
Traffic Signal Integration
Signage and channelization
Separation (buffer) from vehicles ( both high speed
vehicles, and parked vehicles can present hazards)
Crossing locations with vehicles
CSG has completed many bicycle and trail projects throughout the state of California. CSG staff includes complete Streets and ATP designers with extensive experience on class 1, 2, 3, and even the new class 4 bicycle facilities.
CSG recently assisted the City of San Mateo and Town of Hillsborough on a Safe Routes to School effort that includes pedestrian improvements, signing and striping, curb ramp/ ADA improvements, bulb outs, signal equipment upgrades, and bicycle facility improvements. CSG engineers are familiar with all the current bicycle standards, Cahrans standards, ADA and pedestrian standards and MUTCD ASHTO; Guide for the Development of Bicycle Facilities, NATCO' s Urban Bikeway Design Guide and ITE' s Recommended Design Guideline to Accommodate Pedestrian and Bicycles at Interchange.
CSG Consultants
STATE ME NI OF QUALIFICATIONS TO THE TOW N OF Los GATOs PROF EWONAi SEawccs
pedestrian push button relocations. Being cognizant of these items during design will limit changes in the field during construction and prevent potential change orders.
Bulb Outs
Bulb outs not only effectively channelize vehicles and reduce high speed vehicle turning movements, but they also create a safer environment for pedestrians by shortening the " at -risk" crossing distance. They also provide a refuge area that gives pedestrians a greater site distance of oncoming vehicles without having to encroach into the street. Bulb outs should be designed so as to allow for proper truck turning movements without blocking or restricting bicycle travel and should contain gradual curves that still allow for street sweeping. Another factor to be considered is the effect on the ease of use of the driveway and how it affects the motorist' s ability to pull in or back out, and the required coordination between the CSG Team and the Town to determine the best solution that provides the needed improvements. CSG propose bulb outs and the associated pedestrian and bicyclist safety measures with consideration of National Association of City Transportation Officials' Urban Street Design Guide, Caltrans Standard and Specifications, and Town' s Standards.
11. Signing and Striping
Consideration should be given to include crosswalk markings, yield lines, and appropriate signage at key intersections, particularly adjacent to schools to enhance visibility and increase pedestrian safety. On a typical roadway improvement project, the stop bar, stop legend, stop sign, and crosswalk marking may require addition and relocation, depending on the pedestrian path of travel alignment between curb ramps. The proposed striping and markings should be in compliance with California Manual on Uniform Traffic Control Devices and Town' s Standard and Specifications. Beyond the typical striping and signage, the use of pedestrian awareness equipment, such as in -road -warning -lights, round and/ or rectangular rapid flashing beacons, LED enhanced flashing signage, pedestrian countdown signals, street lighting, and even speed radar feedback signs, should be considered to increase the visibility, safety, and awareness of pedestrians. Coordination with PG& E to establish service connections is a key task to power this equipment.
CSG Consultants
t'-
will also be readily available to meet in -person during the bidding and construction phases of the project.
Public Outreach
CSG will work with the Town to provide outreach to project all stakeholders. All CSG project managers have experience conducting community / public outreach for capital improvement projects they have managed.
Outreach can be provided in both the English and Spanish languages. The efforts will consist of the following:
Preparation of meeting exhibits
Assisting in public and stakeholder meetings to discuss proposed improvements Presentations to various Committees and Town Council Meetings Notifications prior to construction
Providing access during construction, with disruption minimized For largescale projects, CSG can provide and host a public outreach website to keep all interested parties informed and updated about the Project. The website will be designed, hosted, and updated by our CSG project staff to ensure information presented is both relevant and up to date. Professional web development staff will tailor the site design to be complementary to the Town' s own website. Town stakeholders will be given the opportunity to provide input during site development
CIVIL DESIGN APPROACH
Roadway / Complete Streets
CSG have been involved in roadway and complete street improvements for numerous public agencies. Each of these improvement projects has its own set of challenges, which include but not limited to existing physical constraints, jurisdictional restrictions, community opposition, and budgetary limitations. CSG will understand these challenges based on discussions with the Town, project stakeholders, and the community, and will propose design concepts which consist of right of way and lane widths, horizontal and vertical alignment layouts, and intersection and roundabout configurations in compliance with the latest Caltrans Highway Design Manual, California Highway Capacity Manual, AASHTO' s Policy on Geometric Design of Highways and Streets ( Green Book), National Association of City Transportation Officials' Urban Street Design Guide, FHWA Transportation Research Board' s National Cooperative Highway Research Program ( NCHRP):
Roundabouts: An Informational Guide, and Town' s design guidelines and standards.
Curb Ramps
Providing accessibility to sidewalks and curb ramps is critical for roadway projects in order to meet ADA requirements per Caltrans Standards and Specifications and Town Standards. Depending on the physical constraints, there are limitations to the type of curb ramps that can be constructed. During the selection process, CSG' s staff would evaluate the existing grades, right- of-way limitations, drainage patterns and proximity to drain inlets, sign relocations, stop bars and striping, signal foundations, pull boxes, and CSG Consultants
SuiIM1J 141CF QU%-IuuAT I,' TC, Tar T Te. I! LCSG S
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Capabilities & Approach to Work
CIP MANAGEMENT & COORDINATION
CSG can assist the Town in delivering CIP projects by providing on -call civil engineering services. CSG will also work with all stakeholders, utility companies, and permitting agencies including Caltran5, and FHWA as needed. Below is CSG' s typical approach in managing projects once CSG is authorized to perform requested on -call tasks.
CSG will implement a project management plan including all project elements establishing the project scope of work, budget, schedule, and design standards to allow for solid Project traceability and accountability for any changes or variances from the project baseline Management Plan
components. In addition, our team will identify any potential variances early in the project phase to allow for the development of an alternative approach to prevent potential schedule or cost slippages. We intend to do this by offering real- time data to the Town through our daily contact with the Town Project Manager and weekly project meetings.
Scope control occurs with the development of a well written scope of work as defined by the Town. As changes are identified, a change request process will be followed Scope/ Control encompassing the cost and schedule impact of each potential change, as well as the Management
additional scope description. Potential changes will be included in a Monthly Report that will be discussed weekly with the Town. As changes are approved or rejected, the appropriate revisions will be made to the Scope of Work and the schedule/ cost baseline will be revised and resubmitted for approval by the Town.
A baseline schedule will be developed and submitted for approval by the Town for the Schedule selected projects. CSG will use the built- in Microsoft Project tools to ensure that only Management contractually required dates are constrained and out -of -sequence activities are not present. Once changes are approved, the schedule will be updated and finalized.
A Project Quality Management Plan will be drafted and submitted as part of the QA/ QC Quality
Implementation Plan that will include the review requirements for design work and the Management
QA/ QC process during construction. This will be inclusive of all process and testing requirements and the contractor' s ability to follow its process and ensure successful testing of installed work.
As project estimates become finalized, they will be included in the project budget and Budget/ Cost loaded into the project costs. Once a project change is approved, it will be tied to a change Management order and the schedule and budget will be revised accordingly. All baselines revisions and change orders will be tracked and documented.
Effective Communication and Project Understanding
CSG prides itself on its ability to effectively communicate, build relationships, and partner with its clients. To effectively communicate throughout the project, CSG staff will actively participate in meetings, provide progress updates, and provide clear lines of communication for the Town to reach us via email, office phone, cell phone, and even cell phone text messaging. Effective communication is an essential key to project success.
As needed throughout the entire project, CSG' s Project Manager will act as the single point of contact to coordinate the project with the Town. Coordination efforts will consist of conference calls, emails, and any necessary in -person meetings. For the discussion of project issues, a conference call and/ or emails should suffice to share feedback from the Town.
In addition to on -going coordination, CSG will meet in -person with Town staff at the kick off meeting and the design review meetings. During these in -person meetings, CSG review the progress of the project, discuss any review comments provided by the Town and stakeholders, review the project schedule and budget, discuss any project issues with design, and identify action items for all parties. CSG CSG Consultants
STATEMENT Of QUALIFICATIONS TO THE TOWN Or Los GATOS
PROF E5510NAL SERVICES
CSG Consultants
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Introduction
FIRM PROFILE
CSG Consultants, Inc. ( CSG) is a California company with our corporate office located in Foster City.
Additional support is available from our other offices in San lose, Pleasanton, Sacramento, Newman, Orange, and Redlands.
We furnish a wide range of municipal services including comprehensive development review, program management, capital improvement design, construction management and inspection, building plan review, fire -life safety, inspection, code enforcement and planning services.
The majority of the 300+ individuals within our firm have provided public agency services throughout their careers. Our talented personnel bring a wealth of ideas and experiences having provided similar services with agencies dealing with the same challenges as the Town of Los Gatos.
Firm Summary
NAME OF FIRM: CSG Consultants, Inc.
POINT OF CONTACT: Hatem Ahmed, PE, PMP I Vice President CORPORATE OFFICE: 550 Pilgrim Drive, Foster City, CA 94404 650) 522- 2500 phone, ( 650) 522- 2599 fax
www. csgengr. com I info@csgengr. com
REGIONAL OFFICES: 3150 Almaden Expressway, # 255, San Jose, CA 95118 6200 Stoneridge Mall Road, Suite 300, Pleasanton, CA 94588 1022 G Street, Sacramento, CA 95814
930 Fresno Street, Newman, CA 95360
3707 West Garden Grove Blvd., Orange, CA 92868
1177 Idaho Street, Suite 102, Redlands, CA 92374
YEARS IN BUSINESS: 27 • Founded In 1991
NUMBER OF EMPLOYEES: 300+
TYPE OF BUSINESS: California Corporation • Incorporated June 15, 2000 • Federal ID: 91- 2053749
STAFF COMPOSITION
Our professional municipal services staff consists of:
Civil Engineers
P Structural Engineers
Plan and Map Review Engineers
Program & Project Managers
Land Development Review Engineers
P C. 3 Review Engineering & Specialized Inspectors
Planning Professionals
Building Inspectors
0 Project Managers
P Construction Managers & Inspectors
P CASp Professionals
0 Building Officials
Building Plan Reviewers
Fire Plan Reviewers & Inspectors
Sustainability Professionals
P Information Technology Professionals
CSG Consultants
STATEM E HT OF QUAI If ICA110NS TO THE TOWN OF Los GATOS
PROFESSIONAL SERVICES
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CSG Consultants
STATE NIFNT OF QUA UFICATIONS TO: HE TOWN OF Los GATOS
FROFESSIONAI SERVICES
BUILDING INSPECTION
1440 MULTIVERSITY CENTER I CITY OF SCOTTS VALLEY, CA
CSG performed building inspection for this project which involved reconditioning, repurposing, rebuilding of seven old structures that previously comprised a private college campus. In addition to the reconditioned buildings, there are also four new buildings to replace previously lost
buildings, or to add additional program capabilities.
Structures range in uses from the administrative lodge
building, to dormitories, meeting rooms, a large
commercial kitchen and dining hall, fitness center, healing center, and outdoor auditorium. All structures have been updated to the current building and fire codes and as a result, have been retrofitted with fire sprinkler systems and fire alarm systems.
CARMAX I TOWN OF COLMA, CA
CSG performed building plan review, building inspection and land development review for the construction of a Carmax dealership in the Town of Colma. The 20, 213 sq. ft. structure includes over 11, 000 sq. ft. of sales area, 6, 000 sq. ft. of service area, 1,900 sq. ft. of presentation area, and a 936- sq. ft. car wash. The 8. 8- acre project site also includes a large bioretention area at the southwest side of the property designed to function as 4 separate bioretention units to treat the stormwater runoff from the impervious areas onsite.
GENENTECH DEVELOPMENT I CITY OF SOUTH SAN FRANCISCO, CA CSG has been providing building plan review and
inspection services for all of the Genentech
corporate headquarters campus buildings since
1991. This campus -wide project consists of over
3. 6 million sq. ft. of office, research &
development and manufacturer operations space
spread across over 44 buildings. CSG has
coordinated pre -construction meetings to clarify
and resolve all matters prior to plan submittal;
provided building plan review services and 24/ 7
on -call building inspection services; and
coordinated and resolved construction issues between the City, project engineer, special inspector( s). Notable recent projects include:
Campus wide refrigeration water and hydrocarbon upgrade Building 34 — Newfour story employee center totaling 71, 671 sq.ft.
Building 35 — New seven story office building, totaling 155,000 sq.ft.
Genentech project manager and
CSG Consultants
Professional Fees AEOTIDN 6
Engineering and public works services are billed on a time -and -materials basis according to our standard rates, shown below.
Professional Services
Administrative Assistant
Hourly Rate
70 Building Inspector 105
Analyst 120
Engineering Designer 130
Construction Inspector 135
Senior Analyst 145
Assistant Resident Engineer 160
Assistant Engineer 140
Associate Engineer 160
Senior Construction Inspector 150
Senior Engineer 185
Resident Engineer 190
Structure Representative 190
Senior Structural Engineer 200
Senior Project Manager 200
Principal Engineer 210
Senior Principal Engineer 230
Two -Person Survey Crew 310
Rates reflect and include administrative costs and routine expenses such as local mileage, copying, fox, telephone, mail, in- house printing, software, and computer usage. Reproduction and subconsultants are billed at cost plus 15%. Rates will remain effective through December 31, 2018. Rates are subject to an annual increase based on CPI.
CSG Consultants
2024 Engineering DivisionHourly Rates
San Francisco Bay Area
CSG Consultants’ services are billed on a time-and-materials basis according to our Standard Rates, shownbelow.
PROFESSIONAL ENGINEERINGSERVICES HOURLY RATE
Engineering Trainee $80
Administrative Assistant $90
Analyst $150
Engineering Designer/CASp Inspection &Consultation $160 Construction Inspector $165
Senior Analyst $175
Assistant Resident Engineer $190
Assistant Engineer $165
Associate Engineer $195
Senior Construction Inspector $180
Senior Engineer $220
Senior Land Surveyor $220
Resident Engineer $230
Structure Representative $230
Senior Structural Engineer $245
Senior Project Manager $245
Principal Engineer $260
Senior Principal Engineer $280
Two-Person Survey Crew $365
SUSTAINABILITY PROGRAM MANAGEMENT SERVICES HOURLY RATE
Sustainability Program Analyst $150
Sustainability Program Senior Analyst $180
Sustainability Program Manager $210
All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers’ compensation insurance, travel and office expenses. CSG will coordinate the pickup and return of plans between CSG and agency offices. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will mail/email an invoice every month for services rendered during the previous month.
EXHIBIT B Page 321
PREPARED BY: Tracy Wang
Transportation and Mobility Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 15
DATE: June 5, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Staff Recommends the Town Council:
a. Authorize the Town Manager to Prepare a Joint Jurisdiction (Los Gatos and San José) Grant Application to the Safe Streets and Roads for All Program for a Corridor Study of Blossom Hill Road from Union Avenue to Camden Avenue;
b. Authorize Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with Fehr and Peers for a Total Contract Amount Not to Exceed $124,999.14; and
c. Authorize an Expenditure Budget Transfer in an Amount of $25,000 from Available Fiscal Year (FY) 2023/24 Funds in in Project No. 911-9901 – Street Repair and Resurfacing to Project 812-0132 – Local Road Safety Program.
RECOMMENDATION:
Staff recommends the Town Council:
a. Authorize the Town Manager to prepare a Joint Jurisdiction (Los Gatos and San José) Grant Application to the Safe Streets and Roads for All Program for a Corridor Study of Blossom Hill Road from Union Avenue to Camden Avenue;
b. Authorize Town Manager to execute a Second Amendment to the Agreement for Consultant Services with Fehr and Peers (Attachment 1) for a total contract amount not to exceed $124,999.14; and
c. Authorize an expenditure budget transfer in an amount of $25,000 From available FY 2023/24 funds in in Project No. 911-9901 – Street Repair and Resurfacing to Project 812- 0132 Local Road Safety Program.
PAGE 2 OF 5
SUBJECT: Authorize Preparation of Joint Jurisdiction Grant Application of Blossom Hill Road, Authorize Execution of a Contract Amendment with Fehr and Peers, and Associated Budget Actions
DATE: June 5, 2023
BACKGROUND:
Blossom Hill Road provides a continuous east-west connection across the Town as well as to/from the City of San José. Certain segments of Blossom Hill Road are under shared jurisdiction by the City of San José and the Town of Los Gatos. It is an arterial street with a posted speed limit of 35 miles per hour. On the 1.5-mile segment from Union Avenue to Camden Avenue, there were 47 collisions in a five-year period from 2017 to 2021, resulting in 51 injuries, with the top violation being red light running. (Collision data from 2022 is not yet publicly available.)
In addition, there were two fatalities in this corridor the first three months of 2023. One occurred in Los Gatos in January at Blossom Hill Road and Belgatos Road. The other occurred in San José in March at the signalized intersection of Blossom Hill Road and Leigh Avenue.
The 2022 Los Gatos Local Roadway Safety Plan (LRSP), adopted by Town Council on April 19, 2022, identifies Blossom Hill Road at Cherry Blossom Lane as a Key Collision Location and Blossom Hill Road from Roberts Road to Hillbrook Drive as a Key Collision Corridor. The segment of Blossom Hill Road where the fatalities occurred is not identified as a Key Collision Corridor.
The community adjacent to Blossom Hill Road from Union Avenue to Camden Avenue has expressed concern about speeding and other concerns along the corridor. As such, Los Gatos and San José staff have worked to identify short-, mid- and long-term improvements that might improve driver behavior.
Short-Term Action Items
Los Gatos staff intends to enhance signage and markings along the Town-owned portions of Blossom Hill Road and is evaluating the Town’s ability to embark on a speed reduction campaign by adapting materials developed by the City of San José through the Vision Zero Program. The San José plan for short-term improvements includes additional striping, enhancements to crosswalks, and changes in traffic signal timing. Short term improvements in both communities are expected to be completed by Fall 2023.
Mid-Term Action Items
Recognizing that long term improvements may be costly and take years to implement, San José may complete a lane reduction analysis to evaluate the benefits of narrowing travel lanes and enhancing bike lanes through a quick-build program. The Los Gatos portions of Blossom Hill Roads are slated for paving in 2025 which could provide an opportunity to implement improvements in certain areas. San José will consider scheduling their portions of this corridor for paving in 2025 to match the Los Gatos schedule.
PAGE 3 OF 5
SUBJECT: Authorize Preparation of Joint Jurisdiction Grant Application of Blossom Hill Road, Authorize Execution of a Contract Amendment with Fehr and Peers, and Associated Budget Actions
DATE: June 5, 2023
BACKGROUND (continued):
Long-Term Action Items
Staff from both jurisdictions agree that consideration of a long-term plan to redesign Blossom Hill Road is warranted. Any redesign would begin with a planning study to evaluate alternatives and engage with the community. This potential redesign is the subject of the grant application for which authorization is requested.
DISCUSSION:
The Safe Streets and Roads for All Grant (SS4A) federal grant program provides funding for the development, completion, or supplementation of a Comprehensive Safety Action Plan (CSAP) to develop a holistic, well-defined strategy to prevent roadway fatalities and injuries. The program offers both Planning and Demonstration Grants and Implementation Grants. Staff recommends application for a Planning and Demonstration Grant. The application deadline is July 10, 2023, and award decisions are expected in October 2023.
The SS4A funds would enable the Town to enhance our existing LRSP to meet the criteria for CSAP identified by the SS4A program, and to provide funding for analysis of the Blossom Hill Road corridor from Union Avenue to Camden Avenue. The funds would allow both jurisdictions to jointly address safety and collision risks along Blossom Hill Road and identify potential future improvements, as well as treatments that can be applicable to other high injury corridors. It would also identify methods to integrate design features to improve driver behavior into already funded activities and projects, such as the routine tasks of maintenance and operations and development review.
When the Town’s LRSP was developed, the CSAP requirements had not yet been identified by U.S. Department of Transportation. To meet CSAP criteria, the LRSP must be updated to specify a target year for eliminating traffic fatalities and serious injuries, incorporate equity considerations, provide more specificity regarding timelines for implementation actions and for tracking progress, and document specific changes to Town policies and processes to incorporate strong road safety practices. Following adoption of the CSAP, the Town would be positioned to pursue future potential federal funding for implementation.
The Town of Los Gatos would act as lead agency since San José already has another project in mind for their SS4A submission. However, Blossom Hill Road was recently identified as a safety priority corridor by San José as of May 2023 due to its higher ranking on the injury network and higher counts of red light running at Blossom Hill Rd and Camden.
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SUBJECT: Authorize Preparation of Joint Jurisdiction Grant Application of Blossom Hill Road, Authorize Execution of a Contract Amendment with Fehr and Peers, and Associated Budget Actions
DATE: June 5, 2023
DISCUSSION (continued):
Due to the significant investment of time and expertise required of grant applications, many municipalities partner with consultants to prepare a successful application, even municipalities that have dedicated grant staff. The Town has had an existing agreement with Fehr & Peers since January 20, 2021 for the development of the LRSP. A First Amendment extended the agreement (Attachment 2) until December 31, 2023 and expanded the scope to include development of short-term improvements and support grant applications (Attachment 3). The consultant’s experience in preparing the Town’s LSRP would be beneficial to a successful grant application. Their services cost $25,000. Staff has identified funds for the consultant work from the residual 2023/2024 paving Capital Improvement Project (CIP) funds that are available starting July 1, 2023.
CONCLUSION:
To complete a competitive application for a SS4A grant, staff proposes the assistance of Fehr & Peers to prepare the multi-jurisdictional grant application with the City of San José. This would require a Second Amendment to the Agreement, approval to move funds from 2023/2024 paving CIP to the LRSP, and approval to apply for the SS4A grant.
COORDINATION:
This report was coordinated with the Attorney’s Office, Town Manager’s office, Finance Department, and the City of San Jose.
FISCAL IMPACT:
The proposed action calls for reallocating funding between existing capital projects. There is no net increase or decrease to overall funding in the capital program as a result of this request.
PAGE 5 OF 5
SUBJECT: Authorize Preparation of Joint Jurisdiction Grant Application of Blossom Hill Road, Authorize Execution of a Contract Amendment with Fehr and Peers, and Associated Budget Actions
DATE: June 5, 2023
FISCAL IMPACT (continued):
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Second Amendment to Agreement for Consultant Services – Fehr and Peers
2. Agreement for Consultant Services – Fehr and Peers
3. First Amendment to Agreement for Consultant Services – Fehr and Peers
Second Amendment to Agreement for Consultant Services
Fehr & Peers
SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 20 th day of
June 2023 and amends that certain First Amendment to Agreement for Consultant Services dated June 16, 2022, made by and between the Town of Los Gatos, ("Town,") and Fehr & Peers (“Consultant”) identified as an S Corporation and whose address is 160 West Santa Clara Street, Suite 675, San Jose, CA 95113.
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on January 20, 2021, (“Agreement”), a First Amendment to Agreement for Consultant Services on June 16, 2022, copies of which are attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to add to the statement of work, increase the compensation, and add to the minimum scope of insurance of the agreement.
AMENDMENT
1. Article III Statement of Work is amended to read as follows:
Consultant shall provide additional services as described in that certain proposal sent to the Town on May 25, 2023, which is hereby incorporated by reference and attached as Exhibit B.
2. Article III Statement of Work is amended to read as follows:
Additional compensation for the Consultant’s professional services shall be increased by $25,000 for a total agreement amount not to exceed $124,999.14. Inclusive of all costs, which is hereby incorporated by reference in Exhibit C. Payment shall be based on Town approval of each task.
3. Article XIX Insurance is amended to read as follows:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than:
two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
4. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
Second Amendment to Agreement for Consultant Services
Fehr & Peers
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Meghan Mitman, AICP
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
AGREEMENT FOR CONSULTANT SERVICES
For Local Assistance Federal-aid Projects
TABLE OF CONTENTS
ARTICLE I INTRODUCTION .............................................................................................................................. 3 ARTICLE II CONSULTANT’ S REPORTS OR MEETINGS ......................................................................................... 5 ARTICLE III STATEMENT OF WORK .................................................................................................................. 5 ARTICLE IV PERFORMANCE PERIOD ................................................................................................................ 5 ARTICLE V ALLOWABLE COSTS AND PAYMENTS .............................................................................................. 5 ARTICLE VI TERMINATION .............................................................................................................................. 6 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ............................................................. 7 ARTICLE VIII RETENTION OF RECORD/ AUDITS ................................................................................................. 7 ARTICLE IX AUDIT REVIEW PROCEDURES ........................................................................................................ 7 ARTICLE X SUBCONTRACTING ......................................................................................................................... 9 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ...................................................... 11 ARTICLE XII STATE PREVAILING WAGE RATES ................................................................................................ 11 ARTICLE XIII CONFLICT OF INTEREST.............................................................................................................. 15 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ................................................... 16 ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING .......... 16 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ........................................... 17 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION ........................................................................ 18 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES ( DBE) PARTICIPATION ............................................. 18 DocuSign Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A Attachment 2
DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan ARTICLE XIX INSURANCE............................................................................................................................... 19 ARTICLE XX FUNDING REQUIREMENTS.......................................................................................................... 19 ARTICLE XXI CHANGE IN TERMS .................................................................................................................... 20 ARTICLE XXII CONTINGENT FEE ..................................................................................................................... 20 ARTICLE XXIII DISPUTES ................................................................................................................................ 20 ARTICLE XXIV INSPECTION OF WORK ............................................................................................................ 21 ARTICLE XXV SAFETY .................................................................................................................................... 21 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................................. 21 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’ S CONSTRUCTION CONTRACTOR .......................................... 22 ARTICLE XXVIII CONFIDENTIALITY OF DATA ................................................................................................... 22 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ............................................................. 23 ARTICLE XXX EVALUATION OF CONSULTANT ................................................................................................. 23 ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT ............................................. 23 ARTICLE XXXII NOTIFICATION ....................................................................................................................... 23 ARTICLE XXXIII CONTRACT ............................................................................................................................ 24 ARTICLE XXXIV SIGNATURES ......................................................................................................................... 24 DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
ARTICLE I INTRODUCTION
This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
Fehr and Peers
Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be Ying Smith The name of the “LOCAL AGENCY” is as follows:
Town of Los Gatos
A. This AGREEMENT is made with reference to the following facts.
The LOCAL AGENCY desires to engage CONSULTANT to provide services to prepare a Local Roadway Safety Plan.
The CONSULTANT represents and affirms that it is willing to perform the desired work pursuant to this AGREEMENT.
The CONSULTANT represents to LOCAL AGENCY that it possesses the professional skills, qualifications, experience, and resources necessary and has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONSULTANT to practice its profession and to timely perform the services described in this AGREEMENT. The services performed by VENDOR will be in a manner consistent with that level of care and skill ordinarily exercised by other professional consulting firms providing similar services under similar circumstances at the time, and in the general vicinity where, the services are performed. CONSULTANT acknowledges LOCAL AGENCY has relied upon these representations to retain the CONSULTANT.
CONSULTANT shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws.
CONSULTANT shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
B. The work to be performed under this AGREEMENT is described in Article III Statement of Work, with the detailed Scope of Work in Exhibit A and the approved CONSULTANT’ s Cost Proposal dated January 5, 2021. The approved CONSULTANT’ s Cost Proposal is attached hereto Exhibit B and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT' s employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT' s assigned personnel shall not be entitled to any benefits payable to employees of City.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT' s assigned personnel.
CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer- employee relationship exists by reason of this AGREEMENT.
G. Except as expressly authorized herein, CONSULTANT' s obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’ s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan ARTICLE II CONSULTANT’ S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’ s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’ s Project Manager shall meet with LOCAL AGENCY’ s Project Manager and other staff, as needed, to discuss progress on the AGREEMENT.
ARTICLE III STATEMENT OF WORK
CONSULTANT agrees to perform the services as outlined in "Exhibit A - Scope of Services" within the time frames specified therein, and "Exhibit B - Final Cost Proposal" which are hereby incorporated by reference and attached.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on January 20, 2021 contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on December 31, 2022, unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY.
Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY.
DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.
D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’ s work unless a later date is approved by the LOCAL AGENCY . Invoices shall be submitted to LOCAL AGENCY at the following address:
Town of Los Gatos
Attn: Accounts Payable
Via email: AP@losgatosca. gov
E. The total amount payable by LOCAL AGENCY shall not exceed $80,000.
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not .
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by LOCAL AGENCY by virtue of any breach of this AGREEMENT by CONSULTANT, and LOCAL AGENCY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due LOCAL AGENCY from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/ AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’ s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT.
LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’ s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’ S Finance Director.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’ S Finance Director of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’ s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’ s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/ or audit by the Independent Office of Audits and Investigations ( IOAI). IOAI, at its sole discretion, may review and/ or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’ s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent 200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three 3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’ s and/ or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; 2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT' s obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY, except that which is expressly identified in the CONSULTANT’ s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’ s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.
Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/ or noncompliance by a subconsultant.
This clause applies to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’ s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisit ion cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’ s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation' s Regional/ District Labor Compliance Officer https:// dot.ca.gov/ programs/ construction/ labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http:// www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR § 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph ( 1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and 1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’ s failure to pay the specified prevailing rate of wages to the Subconsultant’ s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works projec t. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in 1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars 30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https:// www.dir.ca.gov/ das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT.
CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING Include this article in all AGREEMENTs where federal funding will exceed $150,000. If less than 150,000 in federal funds will be expended on the AGREEMENT; delete this article and re-number the subsequent articles.)
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. 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 AGREEMENT, the CONSULTANT shall complete and submit Standard FormLLL, “ Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. 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 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars 10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’ s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’ s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age , sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR § 11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR 8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefit s of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan H. The CONSULTANT shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’ s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three 3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S.
General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES ( DBE) PARTICIPATION This article is not applicable to this State-funded contract.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for VENDOR with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.
B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.
3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, VENDOR agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
D. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty 30) days' prior written notice by certified mail, return receipt requested , has been given to the LOCAL AGENCY. Current certification of such insurance shall be kept on file at all times during the term of this AGREEMENT with the Town Clerk.
E. Workers' Compensation. In addition to these policies, CONSULTANT shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the LOCAL AGENCY before beginning services under this AGREEMENT. Further, CONSULTANT shall ensure that all subcontractors employed by CONSULTANT provide the required Workers' Compensation insurance for their respective employees.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’ s Contract Administrator.
C. There shall be no change in CONSULTANT’ s Project Manage r or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’ s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty - five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’ s Parks and Public Works Director, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of Town, and CONSULTANT shall have no property right therein whatsoever.
Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to Town, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’ s privileged information, as defined by law, or CONSULTANT’ s personnel information, along with all other property belonging exclusively to Town which is in CONSULTANT’ s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by Town.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.
Any reuse by Town for another project or project location shall be at Town’s sole risk.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’ s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’ s construction contractor relating to work performed by CONSULTANT’ s personnel, and additional information or assistance from CONSULTANT’ s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’ S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’ s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’ s personnel services under this AGREEMENT.
C. Services of CONSULTANT’ s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’ s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’ s actions on the same, except to LOCAL AGENCY’ s staff, CONSULTANT’ s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’ s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’ s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT The LOCAL AGENCY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the LOCAL AGENCY shall act in accordance with both of the following:
1) Each payment request shall be reviewed by the LOCAL AGENCY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
VENDOR:
Fehr and Peers
160 W. Santa Clara Street, Ste. 675
San Jose, CA 95113
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Fehr and Peers Agreement for Consultant Services – Local Roadway Safety Plan
ARTICLE XXXIII CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXIV SIGNATURES
WHEREOF, THE LOCAL AGENCY AND CONSULTANT HAVE EXECUTED THIS AGREEMENT.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Fehr and Peers
Name of Signer) ________________
Recommended by:
Matt Morley, Director of Parks and Public
Works
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A 3/17/2021
Meghan Mitman
3/17/2021
4/2/2021
4/5/2021
4/5/2021
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Scope of Work
Work Plan
Fehr & Peers proposes the following Scope of Work to deliver the Los Gatos LRSP.
Task 1. Visioning, Project Initiation & Management
TASK 1.1 PROJECT KICK- OFF MEETING
Fehr & Peers will convene and facilitate a kick-off meeting with Town staff to:
Review and confirm the goals, scope, schedule and budget for the project Define the roles and responsibilities of consultant team members Define administration and project management expectations ( communication protocol, regular meetings with Town project manager, monthly progress reporting, project completion schedule, invoicing)
Request key data for base mapping and safety analysis
The kick-off meeting will also ensure that key team members emerge with a shared understanding of expectations and study objectives. Fehr & Peers will prepare a draft agenda for the meeting and a meeting summary with follow-up items from the meeting.
TASK 1.2 PROJECT MANAGEMENT & COORDINATION
Fehr & Peers will work with the Town’ s project manager to set a schedule for regular project coordination meetings. We recommend twice-monthly check-in coordination calls, or virtual meetings. to foster frequent communication on project needs and ensure the project scope, schedule, and budget are effectively managed.
Additionally, given our geographical proximity to Town of Los Gatos Departments, Fehr & Peers can provide flexibility to conduct check-in meetings in-person (if the shelter- in- place situation due to Covid- 19 allows) with the Town’ s project manager up to once per month and coordinate with Town Staff on the potential need for additional in-person meetings and working sessions throughout the project.
Close coordination throughout the project’ s duration will enable us to address critical project issues that may arise and better manage the budget and schedule. We will prepare summaries for all meetings and propose maintaining a shared document ( e.g., Sharepoint, OneDrive, Google Docs) for ongoing coordination meeting notes that can be easily referenced by all parties.
Throughout the project, Fehr & Peers will produce and maintain a project schedule confirming meetings, project deliverables, and review deadlines. Monthly progress reports will be provided with each invoice outlining tasks accomplished and deliverables provided in the monthly billing cycle. Invoices will be submitted in the format approved by the Town.
TASK 1.3 VISION STATEMENT
It is our understanding that Town staff will take the lead in establishing a vision statement in collaboration with its identified safety partners and direction from the Town Council. Given Fehr & Peers’ knowledge and experiences in conducting various safety and LRSP plans, we will provide support in finalizing the vision statement for the LRSP by participating in a one- hour working session led by town staff and we will provide written comments on a draft DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
prepared by the town staff. If the town has previously engaged in vision discussions with its safety partners, the working session could be scheduled in concert with the kick-off meeting.
TASK 1 DELIVERABLES
Kick-off Meeting
Final Scope of Work
Meeting minutes for the bi-weekly phone calls/ virtual meetings Monthly invoices and progress report
Working session to discuss draft vision statement
Written comments on draft vision statement
Task 2 . Safety Data Analysis
TASK 2.1 BACKGROUND DOCUMENTS
Fehr & Peers will complete a review and summary of the existing Town-approved planning documents and efforts involving safety and active transportation to strengthen our overall understanding of transportation conditions in the Town. This includes:
Los Gatos 2020 General Plan
Traffic Around School Study 2016
2018 Student Transportation Survey
Connect Los Gatos Community Engagement Plan
2020 Community Survey
2020 Bicycle and Pedestrian Master Plan Update
Fehr & Peers will coordinate with the Town to identify other background information which may be beneficial to improving the team’ s understanding for the development of the LRSP. We have designated 16 hours of staff time to assist in the review of additional documents, conduct interviews with project partners such as the Police Department, and/ or assist the Town with walk audits or intercept surveys. Background document review will be summarized as part of the Existing Conditions Summary in Task 2.4.
TASK 2.2 DATA COLLECTION & BASE MAPPING
COLLISION DATABASE & DATA INVENTORY
Fehr & Peers will compile collision data for all modes, including vehicles, pedestrians and bicycles, for Town facilities for the most recent five years available (2015-2019). We will develop a collision database in GIS format, with each collision record geo- located. Our primary sources for collision data will be the Transportation Injury Mapping System ( TIMS) and the Statewide Integrated Traffic Records System ( SWITRS).
To enable a more proactive and systemic safety assessment, we have learned the value of supplementing collision data with contextual variables to enrich the collision analysis, and better understand collision patterns. Contextual variables contain information on the environments surrounding the collision locations, including:
Demographic data (e.g., population, employment, age, race, gender, etc.) Land use data (e.g., locations of schools, parks, senior center, etc.) Roadway characteristics data (e.g., number of lanes, speeds, volumes, traffic controls, bicycle facilities, sidewalks, street lighting, etc.)
As feasible, we will collect these contextual variables from the background documents and existing GIS sources at the Town as well as US Census data to ensure a comprehensive mapping of the existing conditions. As Fehr & Peers DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
is regularly involved in conducting GIS analysis for safety and active transportation projects throughout the county, we will leverage already avabilable data to complete this effort efficiently. We will use OpenStreetMap and data available from the Town to establish existing infrastructure and facilities.
We will engage EcopiaTech, a data provider that uses computer vision algorithms to identify and geocode realworld infrastructure features based on remote sensing imagery.
TASK 2.3 SAFETY ANALYSIS
Fehr & Peers will use the collision database consisting of TIMS and SWITRS data described in Task 2.2 to identify the number and locations of collisions and identify locations with the highest levels of fatal and serious injury (KSI) collisions for vehicles, pedestrians, and bicyclists. We will also complete a network screening to identify the most critical safety risks on roadways within the town. The proposed analysis methodology reflects a systemic approach to safety searching for patterns in historical crash activity that will highlight other areas of high risk that may not have yet experienced many crashes.
COLLISION ANALYSIS & RISK FACTOR IDENTIFICATION
Consistent with guidance provided in the California Local Roadway Safety Manual ( LRSM), Fehr & Peers will use the collision database to analyze crash trends in the town, with an emphasis on severe and fatal collisions.
Upon an arrangement with Town staff, Fehr & Peers will conduct a joint interview with SR2S and the Los Gatos Police Department (LG PD) to discuss safety issues and concerns, including most recent collision data that are not included in SWITRS. A collision data report from LG PD will be provided as cross reference. Qualitative information and collision data outside of the 2015-2019 SWITRS data range will be included as reference for selection of priority areas and identification of countermeasures.
Our collision analysis uses geoprocessing tools we have developed in-house to support systemic collision analysis and systemic matrix development, based on industry best practice documented by FHWA and in NCHRP research.
Using these tools, we will identify key trends and priority locations through the following analysis methodologies:
Identify top hot-spot collision locations, including those for severe injury and fatal collisions intersections and segments)
Identify top collision types and associated locations
Identify high-risk characteristics ( contributing factors) We will define up to 10 collision profiles that describe the primary factors that lead to vehicle, bicycle, and pedestrian collisions and that best reflect the fundamental safety challenges for the Town. The collision profiles not only tell a story of why collisions occur, they also identify the primary risk factors that lead to collisions. This approach allows us to determine what types of projects and countermeasures would likely be most effective at a given location during project identification and development.
We will compile summary charts and maps to convey these trends and where they occur. If desired by the Town, Fehr & Peers can make this information available via the online collision data dashboard that was developed for this proposal.
CANDIDATE COUNTERMEASURE IDENTIFICATION
Fehr & Peers will compile a preliminary set of suggested countermeasures to address the risk factors identified in the collision profiles. We will complete this task quickly and efficiently utilizing countermeasure toolboxes from numerous other safety LRSP, Vision Zero, and systemic safety planning projects (including those in Sunnyvale) as a starting point. We will coordinate with the Town to tailor the ultimate countermeasure toolbox for the Town of Los Gatos.
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EXISTING CONDITIONS SLIDE DECK
We will summarize key findings of the background document review, data collection, and safety analysis in a PowerPoint slide deck. A Draft Existing Slide Deck will be presented to Town staff revised based upon comments provided. The Final Existing Slide Deck will be shared with the Town and will be suitable for use in engagement activities and stakeholder presentations. Additionally, findings and key graphics will ultimately be incorporated in the Draft Local Roadway Safety Plan in Task 4.1.
TASK 2 DELIVERABLES
Draft Existing Conditions Slide Deck, inclusive of work products developed in Tasks 2.1 through 2.3, for Town Review
Final Existing Conditions Slide Deck for inclusion in Draft LRSP Task 3. Selection of Emphasis Areas
TASK 3.1 SYSTEMIC EVALUATION
The collision profiles developed in Task 2.3 not only tell a story of why collisions occur, but they also identify the primary risk factors that lead to collisions. Fehr & Peers will review the contextual characteristics identified through the risk factor identification in Task 2.3 to identify locations with similar characteristics which may not have experienced collisions. This approach allows us to identify locations where collisions could be expected to occur based on the presence of risk factors despite a lack of collision history. Our analysis would use historic collision patterns to isolate locations that may not have experienced a high rate of fatal and severe injury collisions to date, but that are likely to in the future because they possess the characteristics of a high collision location. This would allow the Town to proactively address unobserved, anticipated safety trouble spots.
We will identify up to 10 locations in Los Gatos which possess contextual characteristics consistent with systemic typologies. A subset of these locations may be incorporated into the set of Priority Emphasis Areas identified in Task 3.2 to supplement the locations that react to observed, historic safety issues.
TASK 3.2 PRIORITY EMPHASIS AREA SELECTION
Fehr & Peers will collaborate with Town staff to identify up to five (5) Priority Emphasis Areas to advance to project development with countermeasure matching.
The Priority Emphasis Areas will be based on the results of the collision analysis, collision profile, and systemic evaluation tasks. These locations may include a combination of hot spot locations, key collision corridors, and locations identified as having greater potential for future collisions through the systemic evaluation.
We will submit a graphical/ map depiction of the preliminary Priority Emphasis Areas as well as a draft PowerPoint slide deck describing their characteristics and relative prioritization for review by the Town and other stakeholders.
We will discuss the underlying considerations for prioritization during a virtual meeting with Town staff.
Based upon one consolidated round of feedback, we will finalize the five Priority Emphasis Areas and submit a revised final slide deck to the Town documenting the Priority Emphasis Areas and proposed relative prioritization.
TASK 3.3 PRIORITY PROJECT DEVELOPMENT
A location description, goal, and crash-reduction strategies will be developed for each Priority Emphasis Area.
Fehr & Peers will pair the countermeasures with the priority locations identified in an Excel matrix. We will solicit input from Town staff in the draft pairing. The pairing will then lead to a fully developed project list for the top priority project locations. This will include countermeasures that respond to the systemic and collision history DocuSign DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 Envelope ID: C68E5A63- E61D-42C0-A147-3C528D1F661A
aspects of that location. The priority project development will not include the preparation of site-specific concept design plans or grant funding applications.
It is anticipated that community feedback will be sought on the Priority Emphasis Area goals and strategies prior to their finalization. Effort for community engagement pertaining to existing conditions is included in Task 5.
TASK 3 DELIVERABLES
List of top Priority Emphasis Areas, revised based on one round of consolidated comments Graphical/ map depiction of the preliminary Priority Emphasis Areas with PowerPoint slide deck describing their characteristics and relative prioritization, revised based on one round of consolidated comments
Excel spreadsheet matrix pairing priority locations with potential countermeasures, revised based on one round of consolidated comments
Task 4. Report Documentation
TASK 4.1 DRAFT LOCAL ROADWAY SAFETY PLAN
Fehr & Peers will prepare a Draft Local Roadway Safety Plan that incorporates the work completed during Tasks 1 through 3. An Administrative Draft LRSP document will be created in Microsoft Word to facilitate preliminary content review by Town staff.
After receiving a consolidated set of comments from the Town, we will reformat the Administrative Draft and associated project graphics into a visually appealing and public facing document using InDesign. The resulting Draft LRSP will highlight all analyses, findings, and engagement efforts developed during the life of the project.
TASK 4.2 FINAL LOCAL ROADWAY SAFETY PLAN
Fehr & Peers will receive one round of consolidated comments from the Town encompassing applicable feedback from Town staff and other stakeholders invited to review the Draft LRSP at the Town’ s discretion. It is assumed the comments on the Draft LRSP will be minor in nature with no additional technical analysis/ content required.
After resolving comments from the Town, we will reformat the Draft and associated project graphics into a visually appealing and public facing document using InDesign. If needed, a response to comments will be provided to document how each comment was ultimately addressed or incorporated. The Final LRSP report will include maps and graphics to complement the report narrative and make it accessible to non-technical readers. Fehr & Peers will submit three printed hard copies and one digital PDF copy of the Final LRSP to the Town for its use.
TASK 4 DELIVERABLES
Administrative Draft LRSP document for Town review
Draft LRSP document for Town review
Final LRSP document
Task 5. Stakeholder Engagement Support
TASK 5.1 STAKEHOLDER ENGAGEMENT
Town staff will lead two virtual stakeholder engagement meetings such as community meetings, commission meetings, and/ or council meetings. Fehr & Peers will attend up to two meetings as requested by Town staff, according to the community engagement plan. Additionally, we have designated 16 hours of staff time to prepare or comment upon Town-prepared meeting materials including presentations and questions and answers, and/ or website content.
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TASK 5.2 FIELD AUDIT
Fehr & Peers will lead a one-day field audit with Town staff and selected commission members. The field audit is anticipated to occur once Priority Emphasis Areas have been selected and will provide an opportunity for participants to observe real-world conditions and challenges as well as discuss potential countermeasures and improvements. Fehr & Peers prepare and submit meeting minutes summarizing the discussions occurring during the field audit. A total of 32 hours of staff time have been designated to prepare for, deliver, and document the field audit.
TASK 5 DELIVERABLES
Attendance at two virtual public meetings such as community meetings, commission meetings, and/ or council meetings
Delivery and documentation of a one-day field audit
Up to 16 hours of staff support to prepare or comment upon materials for stakeholder engagement Additional Services
Additional Task 6: Living Previews
As an additional service, Fehr & Peers can work with the Town to install temporary pop-up or “living” previews of a proposed improvement project at locations determined in collaboration with the Town. Treatments which make ideal candidates for living previews include bicycle facilities, curb extensions, and road “ right-sizing” projects.
These living previews allow residents to observe, interact, and comment on the proposed improvement projects.
Fehr & Peers staff would be present on site to collect real-time intercept survey feedback from participants in the living preview during anticipated times of high participation.
An important aspect of the event will be explaining the various improvements and the purpose of the installation.
Fehr & Peers would team with the Town and Caltrans, if required, to identify and obtain appropriate permits, design and implement temporary traffic control plans, provide event publicity, and identify supplies available to the Town (e.g., cones, sandwich board signs, etc.) for implementation. A detailed scope and fee for this optional task would be identified at the time of its request.
ADDITIONAL TASK 6 DELIVERABLES
Traffic control plans and a list of needed supplies for implementation of a living preview Permit and communications support for Town staff
On-site attendance to collect intercept survey feedback from participants
EXHIBIT A
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed Prime Consultant 2nd Tier Subconsultant Consultant
Project No. LRSPL- 5067( 023) Contract No. N/A Date 1/5/2021
DIRECT LABOR
Hours Actual Hourly Rate Total
68 $ 69.23 $ 4,707.64
20 $ 96.15 $ 1,923.00
10 $ 48.56 $ 485.60
189 $ 43.51 $ 8,223.39
138 $ 41.11 $ 5,673.18
72 $ 36.06 $ 2,596.32
LABOR COSTS
a) Subtotal Direct Labor Costs $ 23,609.13
b) Anticipated Salary Increases ( see page 2 for sample)$ 0.00 c) TOTAL DIRECT LABOR COSTS [( a) + ( b)] $ 23,609.13
INDIRECT COSTS
d) Fringe Benefits ( Rate: 71.73%) e) Total Fringe Benefits [( c) x (d)]$ 16,934.83 f) Overhead ( Rate: 55.41% ) g) Overhead [( c) x (f)] $ 13,081.82 h) General and Administrative ( Rate: 48.53%) i) Gen & Admin [( c) x (h)]$ 11,457.51 j) TOTAL INDIRECT COSTS [( e) + ( g) + (i)] $ 41,474.16 FIXED FEE k) TOTAL FIXED FEE [( c) + ( j)] x fixed fee 10%]$ 6,508.33 l) CONSULTANT' S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit(s) Unit Cost Total
1 1 $ 8,000.00 $ 8,000.00
1 $ 258.38 $ 258.38
1 $ 150.00 $ 150.00
0.00 0.00
l) TOTAL OTHER DIRECT COSTS $ 8,408.38
m) SUBCONSULTANTS' COSTS ( Add additional pages if necessary) Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
m) TOTAL SUBCONSULTANTS' COSTS $ 0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [( l)+(m)] $ 8,408.38 TOTAL COST [( c) + ( j) + (k) + (n)] $ 80,000.00
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’ s annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation ( page 2) must accompany.
Engineer/ Planner
Project Coordinator
Project Manager* Steve Davis
Principal- in-Charge* Meghan Mitman
Senior Engineer/ Planner
Technician/ Analyst
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Fehr & Peers
Classification/ Title Name
Subconsultant
Description of Item
EcopiaTech Data Collection
Production/ Supplies for Community Engagement
Printing/ Production
Mileage
January 2018
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg 5 Year
Hourly Contract
Rate Duration
23,609.13 =$ 47.50
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 $ 47.50 +=$ 48.93 Year 2 Avg Hourly Rate
Year 2 $ 48.93 +=$ 50.40 Year 3 Avg Hourly Rate
Year 3 $ 50.40 +=$ 51.91 Year 4 Avg Hourly Rate
Year 4 $ 51.91 +=$ 53.47 Year 5 Avg Hourly Rate
Total Hours per
Year
Year 1 100.00%*= 497.0 Estimated Hours Year 1
Year 2 0.00%*= 0.0 Estimated Hours Year 2
Year 3 0.00%*= 0.0 Estimated Hours Year 3
Year 4 0.00%*= 0.0 Estimated Hours Year 4
Year 5 0.00%*= 0.0 Estimated Hours Year 5
Total 100% = 497.0
Year 1 $ 47.50 *=$ 23,609.13 Estimated Hours Year 1
Year 2 $ 48.93 *=$ 0.00 Estimated Hours Year 2
Year 3 $ 50.40 *=$ 0.00 Estimated Hours Year 3
Year 4 $ 51.91 *=$ 0.00 Estimated Hours Year 4
Year 5 $ 53.47 *=$ 0.00 Estimated Hours Year 5
23,609.13
23,609.13
Transfer to Page 1
Increase $ 0.00
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. i.e. $ 250, 000 x 2% x 5 yrs = $ 25, 000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
Direct Labor
Proposal
Total Hours per
ProposalEach Year Cost
Estimated % Completed
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Avg Hourly Rate Proposed Escalation
3%
3%
3%
497
0 Estimated total of Direct Labor Salary
3%
calculated above)
Avg Hourly Rate
calculated above)
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 497.0
497.0
497.0
497.0
Total
497.0
Estimated hours Cost per
Year
0 0
0 Year 1 Avg
Hourly Rate
Subtotal per Cost Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Total Hours per
497
January 2018
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name: Lysa Wollard Title *: Chief Financial Officer
Signature: 1/5/2021
Email:
Address:
List services the consultant is providing under the proposed contract:
Date of Certification (mm/dd/yyyy):
l.wollard@fehrandpeers. com Phone Number: ( 408) 278-1700 160 W. Santa Clara Street, Suite 675, San Jose, CA 95113
An individual executive or financial officer of the consultant’ s or subconsultant’ s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Project management, Safety Data Analysis, Systemic Evaluation and Prioritization, Community Engagement, Draft & Final Local Roadway Safety Plan
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
January 2018
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Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
March 2018
EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF
INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant’ s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate:
Combined Rate % OR
Home Office Rate % and Field Office Rate (if applicable) % Facilities Capital Cost of Money % ( if applicable)
Fiscal period *
Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant’ s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federallyfunded A&E Consultant Contracts.
All known material transactions or events that have occurred subsequent to year-end affecting the consultant’ s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on Exhibit 10-A.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code ( U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)( 2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
Account numbers identifying allowable direct, indirect, and unallowable cost accounts; Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost Fehr & Peers
175. 67
an/ a n/
n/a
12/29/2018-12/27/2019
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Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
March 2018
accounts;
Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; Internal controls to maintain integrity of financial management system; Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
False Claims Act - Title 31 U.S.C. Sections 3729-3733
Statements or entries generally - Title 18 U.S.C. Section 1001 Major Fraud Act - Title 18 U.S.C. Section 1031
All A& E Contract Information:
Total participation amount $___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods.
The number of states in which the consultant does business is .
Years of consultant’ s experience with 48 CFR Part 31 is .
Audit history of the consultant’ s current and prior years (if applicable) I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name**: _ Title**:
Signature:
Email**:
Date of Certification ( mm/dd/yyyy):
Phone Number**:
An individual executive or financial officer of the consultant’ s or subconsultant’ s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.
Caltrans will not process local agency’ s invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.
Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations
Cognizant ICR Audit Local Gov’ t ICR Audit Caltrans ICR Audit CPA ICR Audit Federal Gov’ t ICR Audit
87,000,000
31 36
Marion Donnelly Chief Financial Officer
Marion Donnelly Digitally signed by Marion Donnelly
Date: 2020. 06. 16 16: 46: 33 - 07' 00' 06/16/2020
m.donnelly@fehrandpeers. com 925-977-3214
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B ----
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services If individual, last name, first name, MI)( including address if different from No. 10) last name, first name, MI)
attach Continuation Sheet(s) if necessary)
12. Amount of Payment ( check all that apply) 14. Type of Payment ( check all that apply) actual planned a. retainer
b. one-time fee
13. Form of Payment ( check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee( s), or member( s) contacted, for Payment Indicated in Item 12:
attach Continuation Sheet( s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than 100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04- 28-06
Distribution: Orig- Local Agency Project Files
LPP 13-01 May 8, 2013
Not ApplicableBrandy
Foust Senior Associate | Operations
Manager 916) 329- 7332 04/29/
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks " Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal ( RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/ proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/ loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity Item 10). Indicate whether the payment has been made ( actual) or will be made ( planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SFLLL-Instructions Rev. 06-04
LPP 13-01 May 8, 2013
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First Amendment to Consultant Services
Fehr & Peers
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 16th day of June 2022 and amends that certain agreement for the preparation of a Local Roadway Safety Plan dated January 20, 2021, made by and between the Town of Los Gatos, ("Town,") and Fehr and Peers (“Consultant.”)
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on January 20, 2021, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
AMENDMENT
1. Article III Statement of Work. Consultant shall provide additional services as described in that certain proposal sent to the Town on May 12, 2022, which is hereby incorporated by reference and attached as Attachment 2.
2. Article III Statement of Work. Compensation for Consultant’s professional services for the additional services shall not exceed $19,999.14, inclusive of all costs, which is hereby incorporated by reference and attached as Attachment 3, Exhibit 10-H1 Cost Proposal.
Payment shall be based upon Town approval of each task.
Total amount of agreement not to exceed $99,999.14.
3. Article IV Performance Period. The Performance Period is extended to December 31, 2023.
4. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 ATTACHMENT 3
1 of 2
First Amendment to Consultant Services
Fehr & Peers
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos Approved as to Consent:
Fehr and Peers
By: _______________________________ By: ______________________________ Laurel Prevetti, Town Manager Meghan Mitman, AICP
Department Approval:
_______________________________________
Timm Borden
Interim Parks and Public Works Director
Approved as to Form:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Shelley Neis, MMC, CPMC, Town Clerk DocuSign Envelope ID: FCE8063D-D93C-4BE4-9353-3392BE84A628 7/1/2022
7/1/2022
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 16
DATE: June 5, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Following Actions for Landscape and Lighting Assessment Districts No. 1 and 2:
a. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Blackwell Drive Benefit Zone. b. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Kennedy Meadows Benefit Zone. c. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Santa Rosa Heights Benefit Zone. d. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Vasona Heights Benefit Zone.
e. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Hillbrook Drive Benefit Zone. f. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 2-Gemini Court Benefit Zone.
PAGE 2 OF 4
SUBJECT: Landscape and Lighting Assessment Districts No. 1 and 2 DATE: June 5, 2023
RECOMMENDATION:
Authorize the Following Actions for Landscape and Lighting Assessment Districts No. 1 and 2:
a. Adopt a resolution (Attachment 1) confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1- Blackwell Drive Benefit Zone.
b. Adopt a resolution (Attachment 2) confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1- Kennedy Meadows Benefit Zone.
c. Adopt a resolution (Attachment 3) confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1- Santa Rosa Heights Benefit Zone.
d. Adopt a resolution (Attachment 4) confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1- Vasona Heights Benefit Zone.
e. Adopt a resolution (Attachment 5) confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1- Hillbrook Drive Benefit Zone.
f. Adopt a resolution (Attachment 6) confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 2- Gemini Court Benefit Zone.
BACKGROUND:
On April 18, 2023, the Town Council initiated the annual process of renewing the Landscape and Lighting Assessment Districts No. 1 and 2 for the fiscal year commencing July 1, 2023. The Districts are comprised of six distinct zones of benefit, five of which are included in District No. 1, and one included in District No. 2. Maps of each zone are contained in the Engineer’s Report (Attachment 7). The primary purpose of each District is to provide for the ongoing maintenance and care of landscaped areas that especially benefit the properties within each of the zones. These services are performed by a contractor retained by the Town on behalf of the property owners. For a specific description of the services provided in each zone, please refer to the attached Engineer’s Report.
On May 2, 2023, Council received and approved the Engineer’s Report and adopted Resolutions confirming diagrams and assessments and levying and authorizing collection of assessments for Landscape and Lighting Districts for Fiscal Year (FY) 2023/24 and set June 20, 2023 at 7:00 p.m. as the date and time for the required Public Hearing on the proposed assessments.
PAGE 3 OF 4
SUBJECT: Landscape and Lighting Assessment Districts No. 1 and 2 DATE: June 5, 2023
DISCUSSION:
The Notice of Intention to Levy Annual Assessments for FY 2023/24 was published in the Los Gatos Weekly on June 9 and June 16, 2023. Additionally, notices of the proposed assessments and of the scheduled public hearing were mailed to each of the property owners in the Districts, and to date, no protests or other written communication have been received. If communication is received prior to the hearing, it will be presented to the Council for consideration at the hearing.
The following table shows the number of parcels for each benefit zone and the proposed FY 2023/24 assessments:
Benefit Zone No. of Parcels Per Parcel Assessment
Blackwell Drive 5 $632
Kennedy Meadows 15 $685
Santa Rosa Heights 15 $300
Vasona Heights 33 $295
Hillbrook 34 $175
Gemini Court 20 $230
CONCLUSION:
Staff recommends that the Town Council adopt the six resolutions (Attachments 1-6) to continue the annual process of renewing the Landscape and Lighting Assessment Districts 1 and 2 for Fiscal Year 2023/24.
ALTERNATIVES:
If the Council chooses not to adopt the six resolutions, then the renewal process would halt and staff would follow the alternative direction given by the Council. If the Council were to decide not to renew the Assessment Districts, staff would look to Council for a policy direction about whether the services currently provided by the Districts should continue and how.
The two most likely options that the Council could choose would be to either:
1. Give the responsibility for providing the services back to the property owners within the districts, or
2. Assume responsibility for providing the services through the Town’s General Fund Operating Budget.
PAGE 4 OF 4
SUBJECT: Landscape and Lighting Assessment Districts No. 1 and 2 DATE: June 5, 2023
ALTERNATIVES (continued):
As the Districts provide for higher levels of landscaping and lighting services within the specific benefit zones than in other areas of the Town, staff does not recommend either of these two approaches.
FISCAL IMPACT:
There are no direct fiscal impacts on the Town's General Fund as a result of administering the Landscape and Lighting Assessment Districts. All the costs associated with the Districts are recovered via the assessments levied against the property owners within the Districts. There are no proposed increases in any of the parcel assessments for FY 2023/24 that would require a ballot vote under Proposition 218.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution Confirming Diagram and Assessment and Levying and Authorizing Collection of Assessments – Blackwell Drive Benefit Zone.
2. Resolution Confirming Diagram and Assessment and Levying and Authorizing Collection of Assessments – Kennedy Meadows Drive Benefit Zone.
3. Resolution Confirming Diagram and Assessment and Levying and Authorizing Collection of Assessments – Santa Rosa Heights Benefit Zone.
4. Resolution Confirming Diagram and Assessment and Levying and Authorizing Collection of Assessments – Vasona Heights Benefit Zone.
5. Resolution Confirming Diagram and Assessment and Levying and Authorizing Collection of Assessments – Hillbrook Drive Benefit Zone.
6. Resolution Confirming Diagram and Assessment and Levying and Authorizing Collection of Assessments – Gemini Court Benefit Zone.
7. Engineer’s Report for Fiscal Year 2023/24.
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONFIRMING DIAGRAM AND ASSESSMENT,
AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1 -
BLACKWELL DRIVE BENEFIT ZONE
FOR FISCAL YEAR 2023/24
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1 - Blackwell Drive Benefit Zone regarding the improvements in the District and proposed assessments to support those improvements; and
WHEREAS, the Town Engineer prepared and filed that report; and WHEREAS, the Town Council considered and approved that report; and WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District; and
WHEREAS, on May 2, 2023, the Town Council adopted Resolution No. 2023-019 declaring its intention to levy and collect assessments in Landscape and Lighting District No. 1 - Blackwell Drive Benefit Zone, and set the matter for public hearing in accordance with State law; and WHEREAS, notice of the public hearing was duly mailed and published in accordance with State law; and
WHEREAS, the public hearing on the proposed levy of assessments was held by the Town Council on June 20, 2023, at which time all interested persons present were heard; and WHEREAS, the proposed assessments are not proposed to be increased from any previous year; and
WHEREAS, the Town Council has received and considered all written and oral statements and protests regarding the proposed assessment.
ATTACHMENT 1
NOW THEREFORE, BE IT RESOLVED:
1. The diagram and assessment attached hereto as Parts C and D are approved.
2. This Resolution shall constitute the levy of assessment for Landscape and Lighting Assessment District No. 1 - Blackwell Drive Benefit Zone, for Fiscal Year 2023/24.
3. The Town Clerk shall transmit a certified copy of this Resolution to the Tax Collector of Santa Clara County for entry on the County Assessment Roll opposite each lot or parcel of land in the amount assessed pursuant to the Resolution, and collection pursuant to Streets and Highways Code Sec. 22646 and payment to the Town pursuant to Streets and Highways Code Sec. 22647.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 20
th day of June 2023 by the following vote:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK
LOS GATOS, CALIFORNIA
DATE: __________________
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
BLACKWELL DRIVE BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $632 424-12-123
Lot 2 $632 424-12-124
Lot 3 $632 424-12-125
Lot 4 $632 424-12-126
Lot 5 $632 424-12-127
Total Assessment: $3,160
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within the Blackwell Drive Benefit Zone of Landscape and Lighting Assessment District No. 1.
PROPERTY OWNERS LIST
APN Owner
42412123 SUBRAMANYAM DEVAVRATH TRUSTEE & ET AL
42412126 JOSHI ANILA AND ROHIT
42412125 URRICARIET CHRISTIAN M AND MARTINEZ-VISBAL
42412124 VUPPUNUTULA VENKAT REDDY AND REDDY SAHITHI
42412127 MORADI MOSTAFA
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONFIRMING DIAGRAM AND ASSESSMENT,
AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1 -
KENNEDY MEADOWS BENEFIT ZONE
FOR FISCAL YEAR 2023/24
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1 - Kennedy Meadows Benefit Zone regarding the improvements in the District and proposed assessments to support those improvements; and
WHEREAS, the Town Engineer prepared and filed that report; and WHEREAS, the Town Council considered and approved that report; and WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District; and
WHEREAS, on May 2, 2023, the Town Council adopted Resolution No. 2023-020 declaring its intention to levy and collect assessments in Landscape and Lighting District No. 1 - Kennedy Meadows Benefit Zone, and set the matter for public hearing in accordance with State law; and WHEREAS, notice of the public hearing was duly mailed and published in accordance with State law; and
WHEREAS, the public hearing on the proposed levy of assessments was held by the Town Council on June 20, 2023, at which time all interested persons present were heard; and WHEREAS, the proposed assessments are not proposed to be increased from any previous year; and
WHEREAS, the Town Council has received and considered all written and oral statements and protests regarding the proposed assessment.
ATTACHMENT 2
NOW THEREFORE, BE IT RESOLVED:
1. The diagram and assessment attached hereto as Parts C and D are approved.
2. This Resolution shall constitute the levy of assessment for Landscape and Lighting Assessment District No. 1 - Kennedy Meadows Benefit Zone, for Fiscal Year 2023/24.
3. The Town Clerk shall transmit a certified copy of this Resolution to the Tax Collector of Santa Clara County for entry on the County Assessment Roll opposite each lot or parcel of land in the amount assessed pursuant to the Resolution, and collection pursuant to Streets and Highways Code Sec. 22646 and payment to the Town pursuant to Streets and Highways Code Sec. 22647.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 20
th day of June 2023 by the following vote:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK
LOS GATOS, CALIFORNIA
DATE: __________________
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
KENNEDY MEADOWS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $685.00 532-18-050
Lot 2 685.00 532-18-049
Lot 3 685.00 532-18-048
Lot 4 685.00 532-18-047
Lot 5 685.00 532-18-052
Lot 6 685.00 532-18-063
Lot 7 685.00 532-18-062
Lot 8 685.00 532-18-061
Lot 9 685.00 532-18-060
Lot 10 685.00 532-18-059
Lot 11 685.00 532-18-058
Lot 12 685.00 532-18-057
Lot 13 685.00 532-18-056
Lot 14 685.00 532-18-055
Lot 15 685.00 532-18-054
Total Assessment: $10,275
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Kennedy Meadows Benefit Zone of Landscape and Lighting Assessment District No. 1.
KENNEDY MEADOWS BENEFIT ZONE
PROPERTYOWNERS LIST
APN Owner
53218060 CASA PGR LLC
53218058 CALI A STEVE AND LORI A TRUSTEE
53218050 HIRSCHMAN WILLIAM AND DODSON ELIZABETH TRUS
53218054 HACKER MARK K TRUSTEE
53218063 BIBAUD SCOTT A AND SUSAN M TRUSTEE
53218061 SCHENKEL SCOTT F AND KIMBERLY L TRUSTEE
53218062 THOMPSON PETER B AND SHEILA K TRUSTEE & ET
53218059 FRIEDER STEPHEN AND CLAIRE
53218057 LUNDSTROM PAUL AND STEPHANIE TRUSTEE
53218048 WIEDERHOLD ROBERT P AND MELINDA A TRUSTEE
53218047 DAMORE EDWARD AND KIMBERLY
53218049 JEEVUNJEE ADAM AND MARIYA
53218052 BOUGH GEOFFREY EDWARD M AND CHOW CHERYL CHI
53218055 PRIEST STEPHEN AND GULDEN STACEY
53218056 LOS GATOS SARATOGA LLC SERIES A
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONFIRMING DIAGRAM AND ASSESSMENT,
AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1 -
SANTA ROSA HEIGHTS BENEFIT ZONE
FOR FISCAL YEAR 2023/24
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1 - Santa Rosa Heights Benefit Zone regarding the improvements in the District and proposed assessments to support those improvements; and
WHEREAS, the Town Engineer prepared and filed that report; and WHEREAS, the Town Council considered and approved that report; and WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District; and
WHEREAS, on May 2, 2023, the Town Council adopted Resolution No. 2023-021 declaring its intention to levy and collect assessments in Landscape and Lighting District No. 1 - Santa Rosa Heights Benefit Zone, and set the matter for public hearing in accordance with State law; and WHEREAS, notice of the public hearing was duly mailed and published in accordance with State law; and
WHEREAS, the public hearing on the proposed levy of assessments was held by the Town Council on June 20, 2023, at which time all interested persons present were heard; and WHEREAS, the proposed assessments are not proposed to be increased from any previous year; and
WHEREAS, the Town Council has received and considered all written and oral statements and protests regarding the proposed assessment.
NOW THEREFORE, BE IT RESOLVED:
1. The diagram and assessment attached hereto as Parts C and D are approved.
2. This Resolution shall constitute the levy of assessment for Landscape and Lighting Assessment District No. 1 - Santa Rosa Heights Benefit Zone, for Fiscal Year 2023/24.
3. The Town Clerk shall transmit a certified copy of this Resolution to the Tax Collector of Santa Clara County for entry on the County Assessment Roll opposite each lot or parcel of land in the amount assessed pursuant to the Resolution, and collection pursuant to Streets and Highways Code Sec. 22646 and payment to the Town pursuant to Streets and Highways Code Sec. 22647.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 20
th day of June 2023 by the following vote:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK
LOS GATOS, CALIFORNIA
DATE: __________________
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
SANTA ROSA HEIGHTS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $300.00 537-31-001
Lot 2 300.00 537-31-002
Lot 3 300.00 537-31-003
Lot 4 300.00 537-31-022
Lot 5 300.00 537-31-023
Lot 6 300.00 537-31-006
Lot 7 300.00 537-31-007
Lot 8 300.00 537-31-008
Lot 9 300.00 537-31-009
Lot 10 300.00 537-31-010
Lot 11 300.00 537-31-011
Lot 12 300.00 537-31-012
Lot 13 300.00 537-31-013
Lot 14 300.00 537-31-014
Lot 15 300.00 537-31-015
Total Assessment: $4,500
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Santa Rosa Heights Benefit Zone of Landscape and Lighting Assessment District No. 1.
SANTA ROSA HEIGHTS BENEFIT ZONE
PROPERTYOWNERS LIST
APN Owner
53731014 HERNANDEZ JOHN B AND JACKSON EVA TRUSTEE
53731023 ZAHRIYA NESSER TRUSTEE
53731017 SAN JOSE WATER WORKS
53731001 JAIN VIVEK TRUSTEE & ET AL
53731006 HWANG MING-YUN AND JENNY WEN-CHI TRUSTEE
53731015 FERGUSON ANDREW D TRUSTEE & ET AL
53731013 LAM JOSEPH AND SUSAN P
53731022 POULOS LOUIS AND EVANGELHO-POULOS MARIA TRU
53731009 TAHMASSEBI KOUROSH D AND MAZAHERI LINDA M T
53731003 SILVESTRI CHESTER J AND IRENE N TRUSTEE
53731007 Zohouri Saeed Trustee
53731012 PANCHAL NATWARLAL M AND GITA N
53731002 ENTIN BRUCE L AND PESIA TRUSTEE
53731008 KERSCHBAUM MANFRED J AND MARIANNE S TRUSTEE
53731010 HOLT ALEXANDER AND NATALIE
53731011 SINGH JAGDEEP AND ROSHNI TRUSTEE
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONFIRMING DIAGRAM AND ASSESSMENT,
AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1 -
VASONA HEIGHTS BENEFIT ZONE
FOR FISCAL YEAR 2023/24
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1 - Vasona Heights Benefit Zone regarding the improvements in the District and proposed assessments to support those improvements; and
WHEREAS, the Town Engineer prepared and filed that report; and WHEREAS, the Town Council considered and approved that report; and WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District; and
WHEREAS, on May 2, 2023, the Town Council adopted Resolution No. 2023-022 declaring its intention to levy and collect assessments in Landscape and Lighting District No. 1 - Vasona Heights Benefit Zone, and set the matter for public hearing in accordance with State law; and WHEREAS, notice of the public hearing was duly mailed and published in accordance with State law; and
WHEREAS, the public hearing on the proposed levy of assessments was held by the Town Council on June 20, 2023, at which time all interested persons present were heard; and WHEREAS, the proposed assessments are not proposed to be increased from any previous year; and
WHEREAS, the Town Council has received and considered all written and oral statements and protests regarding the proposed assessment,
ATTACHMENT 4
NOW THEREFORE, BE IT RESOLVED:
1. The diagram and assessment attached hereto as Parts C and D are approved.
2. This Resolution shall constitute the levy of assessment for Landscape and Lighting Assessment District No. 1 - Vasona Heights Benefit Zone, for Fiscal Year 2023/24.
3. The Town Clerk shall transmit a certified copy of this Resolution to the Tax Collector of Santa Clara County for entry on the County Assessment Roll opposite each lot or parcel of land in the amount assessed pursuant to the Resolution, and collection pursuant to Streets and Highways Code Sec. 22646 and payment to the Town pursuant to Streets and Highways Code Sec. 22647.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 20
th day of June 2023 by the following vote:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK
LOS GATOS, CALIFORNIA
DATE: __________________
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
VASONA HEIGHTS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $295.00 529-13-056
Lot 2 295.00 529-13-055
Lot 3 295.00 529-13-054
Lot 4 295.00 529-13-053
Lot 5 295.00 529-13-052
Lot 6 295.00 529-13-051
Lot 7 295.00 529-13-049
Lot 8 295.00 529-13-048
Lot 9 295.00 529-13-047
Lot 10 295.00 529-13-046
Lot 11 295.00 529-13-044
Lot 12 295.00 529-13-043
Lot 13 295.00 529-13-042
Lot 14 295.00 529-13-041
Lot 15 295.00 529-13-040
Lot 16 295.00 529-13-039
Lot 17 295.00 529-13-038
Lot 18 295.00 529-13-037
Lot 19 295.00 529-13-036
Lot 20 295.00 529-13-035
Lot 21 295.00 529-13-060
Lot 22 295.00 529-13-061
Lot 23 295.00 529-13-032
Lot 24 295.00 529-13-031
Lot 25 295.00 529-13-030
Lot 26 295.00 529-13-029
Lot 27 295.00 529-13-028
Lot 28 295.00 529-13-063
Lot 29 295.00 529-13-062
Lot 30 295.00 529-13-022
Lot 31 295.00 529-13-021
Lot 32 295.00 529-13-058
Lot 33 295.00 529-13-059
Total Assessment: $9,735.00
METHOD OF APPORTIONMENT OF ASSESSMENT
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
The total amount of the assessment was apportioned equally to all the lots within Vasona Heights Benefit Zone of Landscape and Lighting Assessment District No. 1.
VASONA HEIGHTS BENEFIT ZONE
PROPERTYOWNERS LIST
APN Owner
52913037 MCCLOSKEY DAVID MATTHEW AND JULIE CHRISTINE
52913042 BABALIS PETER G AND TASSIA H TRUSTEE
52913039 LALA CHAITANYA TRUSTEE & ET AL
52913054 ORTEGA HAFID AND DESTINY G
52913031 KLINE DANIEL AND SARITA G
52913030 FAN JAMES AND CYNTHIA R
52913062 SCHELL MARY TRUSTEE
52913044 CHOI JOHNNY SY AND YING YING HUNG
52913056 BODE JON A AND JULEE A TRUSTEE
52913022 SPLAINE SHANNON CUINN ET AL
52913051 FLECK MATHIAS S AND CAROLINE C
52913021 SMITH CAMERON R AND MOYAL CARMEL
52913049 ERDEI NICOLAE M JR ET AL
52913055 DAVIDIAN ALEC AND BROWN ALANA C
52913052 ABY STEVEN J AND SHARON R TRUSTEE
52913045 LOS GATOS TOWN OF
52913032 TISNADO WILLIAM J TRUSTEE & ET AL
52913063 Conover Matthew O And Dai Li
52913041 SMART JOHN A AND BETH A
52913046 RAMEZANE DOUGLAS AND SAGGESE KATHLEEN A TRU
52913043 SMEDT RODNEY C AND KATHLEEN E
52913038 GAVIN JAMES A AND KIM J TRUSTEE
52913053 PALFALVI BELA E AND LORI C TRUSTEE
52913059 ANDERSON MARILYN J
52913028 KARAMANOLIS CHRISTOS AND GIANNAKOPOULOU DIM
52913048 MUI RUDY W AND WOO SHIRLEY Y TRUSTEE
52913058 Montgomery Michael L Trustee
52913027 LOS GATOS TOWN OF
52913040 BOESENBERG ALEX AND MICHELE TRUSTEE
52913029 DION THOMAS M AND CARRIE A
52913047 KANAMA RAMI AND KATHERINE TUYET
52913035 CHENG JULIE WAN-CHI TRUSTEE
52913061 HALPIN TIM AND SHERRI
52913036 LEVY MATTHEW AND MONITA
52913060 SILVA DENISE ET AL Page 391
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONFIRMING DIAGRAM AND ASSESSMENT,
AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1 -
HILLBROOK DRIVE BENEFIT ZONE
FOR FISCAL YEAR 2023/24
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1 - Hillbrook Drive Benefit Zone regarding the improvements in the District and proposed assessments to support those improvements; and
WHEREAS, the Town Engineer prepared and filed that report; and WHEREAS, the Town Council considered and approved that report; and WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District; and
WHEREAS, on May 2, 2023, the Town Council adopted Resolution No. 2023-023 declaring its intention to levy and collect assessments in Landscape and Lighting District No. 1 - Hillbrook Drive Benefit Zone, and set the matter for public hearing in accordance with State law; and WHEREAS, notice of the public hearing was duly mailed and published in accordance with State law; and
WHEREAS, the public hearing on the proposed levy of assessments was held by the Town Council on June 20, 2023, at which time all interested persons present were heard; and WHEREAS, the proposed assessments are not proposed to be increased from any previous year; and
WHEREAS, the Town Council has received and considered all written and oral statements and protests regarding the proposed assessment.
ATTACHMENT 5
NOW THEREFORE, BE IT RESOLVED:
1. The diagram and assessment attached hereto as Parts C and D are approved.
2. This Resolution shall constitute the levy of assessment for Landscape and Lighting Assessment District No. 1 - Hillbrook Drive Benefit Zone, for Fiscal Year 2023/24.
3. The Town Clerk shall transmit a certified copy of this Resolution to the Tax Collector of Santa Clara County for entry on the County Assessment Roll opposite each lot or parcel of land in the amount assessed pursuant to the Resolution, and collection pursuant to Streets and Highways Code Sec. 22646 and payment to the Town pursuant to Streets and Highways Code Sec. 22647.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 20
th day of June 2023 by the following vote:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK
LOS GATOS, CALIFORNIA
DATE: __________________
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
HILLBROOK BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $175.00 523-11-027
Lot 2 175.00 523-11-026
Lot 3 175.00 523-11-025
Lot 4 175.00 523-11-024
Lot 5 175.00 523-11-023
Lot 6 175.00 523-11-022
Lot 7 175.00 523-11-021
Lot 8 175.00 523-11-020
Lot 9 175.00 523-11-019
Lot 10 175.00 523-11-018
Lot 11 175.00 523-07-030
Lot 12 175.00 523-07-029
Lot 13 175.00 523-07-028
Lot 14 175.00 523-07-027
Lot 15 175.00 523-07-026
Lot 16 175.00 523-07-025
Lot 17 175.00 523-07-024
Lot 18 175.00 523-07-023
Lot 19 175.00 523-07-022
Lot 20 175.00 523-07-021
Lot 21 175.00 523-07-020
Lot 22 175.00 523-07-019
Lot 23 175.00 523-07-018
Lot 24 175.00 523-07-017
Lot 25 175.00 523-07-016
Lot 26 175.00 523-07-015
Lot 27 175.00 523-07-014
Lot 28 175.00 523-07-013
Lot 29 175.00 523-07-012
Lot 30 175.00 523-07-011
Lot 31 175.00 523-07-010
Lot 32 175.00 523-07-009
Lot 33 175.00 523-07-008
Lot 34 175.00 523-07-007
Total Assessment: $5,950
ASSESSMENT ROLL
FISCAL YEAR 2023/24
HILLBROOK BENEFIT ZONE
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone.
HILLBROOK BENEFIT ZONE
PROPERTYOWNERS LIST
APN Owner
52307012 FOSTER TROY AND VOIGTS ANNE M
52307009 BERGKAMP JAMES J AND KIMBERLY L TRUSTEE
52307028 RUHLE PHILIP G AND NANCY A TTEES
52311028 S C V W D
52307016 VIKAS AGARWAL SHALINI AND ASHU TRUSTEE
52311019 BAHR STACEY AND IRA
52311025 ZHANG WEI AND DAI TING
52311027 BRADDI MICAELA ET AL
52307018 JIA TAO AND LI XIAOXING
52307022 GABEL ROBERT L TRUSTEE & ET AL
52311026 CORDELL ROBERT Q II TRUSTEE
52307008 DESANTIS JUSTIN AND GENO-DESANTIS DEBORAH T
52307026 MCCOY JEROME AND SHERYL D
52307019 ESCOBAR BENITO AND REBECCA J
52307011 ZHOU WEN TRUSTEE
52311020 WINOTO RENALDI AND JUNUS WIDYA
52307014 STEELE NANCY J TRUSTEE
52311018 PEARSON LORELDA M ET AL
52311023 PARHAM SEAN TRUSTEE & ET AL
52307010 VOSSEN STEPHAN AND BOSSEN INGRID
52307030 ZOLLA HOWARD G AND CAROL ELIAS TRUSTEE
52307020 BILLER JASON AND JENNY DAI TRUSTEE
52307015 KIRK LAURIE TRUSTEE & ET AL
52307024 HARWOOD MICHAEL AND ELIZABETH
52307027 SPITERI RALPH J AND LAVERNE C TRUSTEE
52311022 PANDIPATI SANTOSH AND RACHEL TRUSTEE
52307021 SCHNEIDER JOHN O AND CONDIT MICHAELA L
52307017 WHEELER MAXON R AND KIMBERLY A TRUSTEE
52307013 ONDREJKA CORY R AND HORTON VICTORIA L
52311024 FALCONA LLC
52307023 Lackovic Colette Q Trustee
52307029 MUNNERLYN AUDREY L
52307007 SCHNEIDER LINDA TRUSTEE
52311021 PANAGOPOULOS THEODOROS AND MAROUDAS DINA
52307025 JIN ROBERT X AND LISA H
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONFIRMING DIAGRAM AND ASSESSMENT,
AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 2 -
GEMINI COURT BENEFIT ZONE
FOR FISCAL YEAR 2023/24
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 2 - Gemini Court Drive Benefit Zone regarding the improvements in the District and proposed assessments to support those improvements; and
WHEREAS, the Town Engineer prepared and filed that report; and WHEREAS, the Town Council considered and approved that report; and WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District; and
WHEREAS, on May 2, 2023, the Town Council adopted Resolution No. 2022-024 declaring its intention to levy and collect assessments in Landscape and Lighting District No. 2 - Gemini Court Benefit Zone, and set the matter for public hearing in accordance with State law; and WHEREAS, notice of the public hearing was duly mailed and published in accordance with State law; and
WHEREAS, the public hearing on the proposed levy of assessments was held by the Town Council on June 20, 2023, at which time all interested persons present were heard; and WHEREAS, the proposed assessments are not proposed to be increased from any previous year; and
WHEREAS, the Town Council has received and considered all written and oral statements and protests regarding the proposed assessment.
ATTACHMENT 6
NOW THEREFORE, BE IT RESOLVED:
1. The diagram and assessment attached hereto as Parts C and D are approved.
2. This Resolution shall constitute the levy of assessment for Landscape and Lighting Assessment District No. 2 - Gemini Court Benefit Zone, for Fiscal Year 2023/24.
3. The Town Clerk shall transmit a certified copy of this Resolution to the Tax Collector of Santa Clara County for entry on the County Assessment Roll opposite each lot or parcel of land in the amount assessed pursuant to the Resolution, and collection pursuant to Streets and Highways Code Sec. 22646 and payment to the Town pursuant to Streets and Highways Code Sec. 22647.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 20
th day of June 2023 by the following vote:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK
LOS GATOS, CALIFORNIA
DATE: __________________
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
GEMINI COURT BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $230.00 567-64-051
Lot 2 230.00 567-64-050
Lot 3 230.00 567-64-049
Lot 4 230.00 567-64-048
Lot 5 230.00 567-64-047
Lot 6 230.00 567-64-046
Lot 7 230.00 567-64-045
Lot 8 230.00 567-64-044
Lot 9 230.00 567-64-054
Lot 10 230.00 567-64-053
Lot 11 230.00 567-64-052
Lot 12 230.00 567-64-042
Lot 13 230.00 567-64-041
Lot 14 230.00 567-64-040
Lot 15 230.00 567-64-039
Lot 16 230.00 567-64-038
Lot 17 230.00 567-64-037
Lot 18 230.00 567-64-036
Lot 19 230.00 567-64-035
Lot 20 230.00 567-64-034
Total Assessment: $4,600.00
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within the Gemini Court Benefit Zone of Landscape and Lighting Assessment District No. 2.
GEMINI COURT BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
56764042 RAPISARDA FRED TRUSTEE & ET AL
56764052 Badaoui Raoul
56764047 LAU STEVEN C TRUSTEE & ET AL
56764049 MORGAN ROBERT G JR
56764037 FLISS JOHN R AND SHERI B TRUSTEE
56764036 Lee Daniel Hong Kyu And Song Ji Young
56764039 SCOGGIN MICHAEL D
56764035 KIM SUNG DAM AND HAE RAN
56764048 MOONESAN MOHAMMAD S AND ASANJAN DESIREH S
56764040 Ksj Inc
56764041 BIDABADI HOMA TRUSTEE
56764045 BOLOTIN IGOR AND VICTORIA
56764034 POWERS RICHARD J AND SHELLEY A TRUSTEE
56764054 AU KEVIN J AND MATKOVIC AU ZRINKA
56764038 SERRANO FRANCISCO TRUSTEE
56764051 BAKER KENNETH TRUSTEE & ET AL
56764044 DAVIDSON SHARON LYNNE TRUSTEE & ET AL
56764050 MOGANNAM EVELYN E TRUSTEE
56764046 NGUYEN STEVE
56764053 ZHOU GUOQUAN AND HUANG XU
Landscape and Lighting
Assessment Districts No. 1 and 2
Fiscal Year
2023/24
ENGINEER'S REPORT
ATTACHMENT 7
ENGINEER'S REPORT
LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 1 AND 2
(Pursuant to the Landscape and Lighting Act of 1972)
The Engineer of Work respectfully submits the enclosed report as directed by the Town Council.
__ May 2, 2023
GARY HEAP DATE
Town Engineer
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached was filed with me on the _______ day of ________, 2023.
TOWN CLERK, Town of Los Gatos
Santa Clara County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Town Council of the Town of Los Gatos, California on the 6
th day of June 2023, by Resolution Nos. 2023-
TOWN CLERK, Town of Los Gatos
Santa Clara County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached was submitted to the County Assessor of the County of Santa Clara on the day of , 2023.
TOWN CLERK, Town of Los Gatos
Santa Clara County, California
2nd May
Landscape and Lighting
Assessment District No. 1
BLACKWELL DRIVE
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
BLACKWELL DRIVE BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 1, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
Maintaining the landscaping in the median island constructed as a part of Tract No. 8306 and maintaining the streetlights installed along Blackwell Drive and National Avenue as a part of Tract No. 8306.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements are filed in the Clerk Department.
Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the proposed assessment against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
May 2, 2023
GARY HEAP DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
BLACKWELL DRIVE BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Greg G. Ing, and Associates, dated February 16, 1990. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 14,085
Assessment 3,160
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 150
Total Resources Available for FY 2021/22 $ 17,395
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 32
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 1,079
Landscape Contractor 1,936
Town Administrative Charges 460
Total Expenses for FY 2021/22 $ 3,655
Ending Fund Balance for FY 2021/22 $ 13,740
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 13,740
Assessment 3,160
Interest 50
Total Estimated Resources Available for FY 2022/23 $ 16,950 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 32
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 910
Landscape Contractor 1,742
District Capital Improvement 7,500
Town Administrative Charges 460
Total Estimated Expenses for FY 2022/23 $ 10,944
Estimated Ending Fund Balance for FY 2022/23 $ 6,006
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
BLACKWELL DRIVE BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
BLACKWELL DRIVE BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $632 424-12-123
Lot 2 $632 424-12-124
Lot 3 $632 424-12-125
Lot 4 $632 424-12-126
Lot 5 $632 424-12-127
Total Assessment: $3,160
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within the Blackwell Drive Benefit Zone of Landscape and Lighting Assessment District No. 1.
BLACKWELL DRIVE BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
42412123 SUBRAMANYAM DEVAVRATH TRUSTEE & ET AL
42412126 JOSHI ANILA AND ROHIT
42412125 URRICARIET CHRISTIAN M AND MARTINEZ-VISBAL
42412124 VUPPUNUTULA VENKAT REDDY AND REDDY SAHITHI
42412127 MORADI MOSTAFA
Landscape and Lighting
Assessment District No. 1
KENNEDY MEADOWS
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
KENNEDY MEADOWS BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 1--Kennedy Meadows Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, irrigation systems, trail, and streetlights within open space areas (Parcels A and B) and along Kennedy Court and Forrester Court, as shown on the approved improvement for Tract No. 8612, Los Gatos, California and the riparian and wetlands area described in the report by H. T. Harvey Associates, dated November 11, 1994.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements and the report by H. T. Harvey Associates are filed in the Clerk Department. Although separately bound, the plans, specifications and H.T. Harvey report are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements, including interest on the funds advanced to the benefit zone by the Town.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
GARY HEAP
May 2, 2023
DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
KENNEDY MEADOWS BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Nowack and Associates, Civil Engineers, dated September 21, 1994, their job number 90-263C, pages 1 - 11. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
The wetlands mitigation and monitoring plan was prepared by H.T. Harvey & Associates, Ecological Consultants, dated November 11, 1994, their file number 733-04, 11 pages. A revised wetlands mitigation plan is contained in a letter to the U.S. Army Corp of Engineers and California Regional Water Quality Control Board dated August 30, 1995 and as-built plans in a letter dated February 21, 1995. The original report and letters have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in this Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 20,416
Assessment 10,378
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 215
Total Resources Available for FY 2021/22 $ 31,009
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 103
Publication & Notification Charges 148
Light Pole Maintenance 0
Weed Abatement 0
Electric Utility 0
San Jose Water 1,899
Landscape Contractor 6,007
Town Administrative Charges 1,510
Improvements (Trail) 0
Total Expenses for FY 2021/22 $ 9,667
Ending Fund Balance for FY 2021/22 $ 21,342
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 21,342
Assessment 10,275
Interest 330
Total Estimated Resources Available for FY 2022/23 $ 31,947 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 103
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 1,500
Landscape Contractor 11,882
District Capital Improvements 10,000
Town Administrative Charges 1,510
Total Estimated Expenses for FY 2022/23 $ 25,295
Estimated Ending Fund Balance for FY 2022/23 $ 6,652
KENNEDY MEADOWS BENEFIT ZONE
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
KENNEDY MEADOWS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $685.00 532-18-050
Lot 2 $685.00 532-18-049
Lot 3 $685.00 532-18-048
Lot 4 $685.00 532-18-047
Lot 5 $685.00 532-18-052
Lot 6 $685.00 532-18-063
Lot 7 $685.00 532-18-062
Lot 8 $685.00 532-18-061
Lot 9 $685.00 532-18-060
Lot 10 $685.00 532-18-059
Lot 11 $685.00 532-18-058
Lot 12 $685.00 532-18-057
Lot 13 $685.00 532-18-056
Lot 14 $685.00 532-18-055
Lot 15 $685.00 532-18-054
Total Assessment: $10,275
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Kennedy Meadows Benefit Zone of Landscape and Lighting Assessment District No. 1.
KENNEDY MEADOWS BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
53218060 CASA PGR LLC
53218058 CALI A STEVE AND LORI A TRUSTEE
53218050 HIRSCHMAN WILLIAM AND DODSON ELIZABETH TRUS
53218054 HACKER MARK K TRUSTEE
53218063 BIBAUD SCOTT A AND SUSAN M TRUSTEE
53218061 SCHENKEL SCOTT F AND KIMBERLY L TRUSTEE
53218062 THOMPSON PETER B AND SHEILA K TRUSTEE & ET
53218059 FRIEDER STEPHEN AND CLAIRE
53218057 LUNDSTROM PAUL AND STEPHANIE TRUSTEE
53218048 WIEDERHOLD ROBERT P AND MELINDA A TRUSTEE
53218047 DAMORE EDWARD AND KIMBERLY
53218049 JEEVUNJEE ADAM AND MARIYA
53218052 BOUGH GEOFFREY EDWARD M AND CHOW CHERYL CHI
53218055 PRIEST STEPHEN AND GULDEN STACEY
53218056 LOS GATOS SARATOGA LLC SERIES A
Landscape and Lighting
Assessment District No. 1
SANTA ROSA HEIGHTS
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
SANTA ROSA HEIGHTS BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 1--Santa Rosa Heights Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, trail and retaining walls, as shown on the approved improvement plans for Tract No. 8400, Los Gatos, California.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements are filed in the Clerk Department.
Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
May 2, 2023
GARY HEAP DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
SANTA ROSA HEIGHTS BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Nowack & Associates, dated February 1991, their job number 90-295. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 45,970
Assessment 4,710
Delinquent Assessment 0
Penalties/Late Fees 29
Interest 465
Total Resources Available for FY 2021/22 $ 51,174
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 45
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 9,612
Town Administrative Charges 660
Total Expenses for FY 2021/22 $ 10,465
Ending Fund Balance for FY 2021/22 $ 40,709
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 40,709
Assessment 4,500
Interest 465
Total Estimated Resources Available for FY 2022/23 $ 45,674 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 45
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 11,882
Town Administrative Charges 660
District Capital Improvements 10,000
Total Estimated Expenses for FY 2022/23 $ 22,887
Estimated Ending Fund Balance for FY 2022/23 $ 22,787
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
SANTA ROSA HEIGHTS BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
SANTA ROSA HEIGHTS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $300.00 537-31-001
Lot 2 $300.00 537-31-002
Lot 3 $300.00 537-31-003
Lot 4 $300.00 537-31-022
Lot 5 $300.00 537-31-023
Lot 6 $300.00 537-31-006
Lot 7 $300.00 537-31-007
Lot 8 $300.00 537-31-008
Lot 9 $300.00 537-31-009
Lot 10 $300.00 537-31-010
Lot 11 $300.00 537-31-011
Lot 12 $300.00 537-31-012
Lot 13 $300.00 537-31-013
Lot 14 $300.00 537-31-014
Lot 15 $300.00 537-31-015
Total Assessment: $4,500
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Santa Rosa Heights Benefit Zone of Landscape and Lighting Assessment District No. 1.
SANTA ROSA HEIGHTS BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
53731014 HERNANDEZ JOHN B AND JACKSON EVA TRUSTEE
53731023 ZAHRIYA NESSER TRUSTEE
53731017 SAN JOSE WATER WORKS
53731001 JAIN VIVEK TRUSTEE & ET AL
53731006 HWANG MING-YUN AND JENNY WEN-CHI TRUSTEE
53731015 FERGUSON ANDREW D TRUSTEE & ET AL
53731013 LAM JOSEPH AND SUSAN P
53731022 POULOS LOUIS AND EVANGELHO-POULOS MARIA TRU
53731009 TAHMASSEBI KOUROSH D AND MAZAHERI LINDA M T
53731003 SILVESTRI CHESTER J AND IRENE N TRUSTEE
53731007 Zohouri Saeed Trustee
53731012 PANCHAL NATWARLAL M AND GITA N
53731002 ENTIN BRUCE L AND PESIA TRUSTEE
53731008 KERSCHBAUM MANFRED J AND MARIANNE S TRUSTEE
53731010 HOLT ALEXANDER AND NATALIE
53731011 SINGH JAGDEEP AND ROSHNI TRUSTEE
Landscaping and Lighting
Assessment District No. 1
VASONA HEIGHTS
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
VASONA HEIGHTS BENEFIT ZONE
Gary Heap, Town Engineer for Landscaping and Lighting Assessment District No. 1--Vasona Heights Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, irrigation systems, trail, emergency access, and retaining wall within open space areas, as shown on the approved improvement for Tract No. 8280, Los Gatos, California.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements are filed in the Clerk Department.
Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
May 2, 2023
GARY HEAP DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
VASONA HEIGHTS BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Dillon/Drulias Associates, Landscape Architects, dated April 16, 1990, their job number 8840, pages L1 - L17 and revised planting and irrigation plans as prepared by Greg Ing and Associates, dated November 3, 1992 and revised November 23, 1993. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 34,727
Assessment 9,765
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 380
Total Resources Available for FY 2021/22 $ 44,872
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 97
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,683
Landscape Contractor 3,004
Town Administrative Charges 1,430
District Capital Improvements 0
Total Expenses for FY 2021/22 $ 7,362
Ending Fund Balance for FY 2021/22 $ 37,510
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 37,510
Assessment 9,735
Interest 340
Total Estimated Resources Available for FY 2022/23 $ 47,585 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 97
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,319
Landscape Contractor 5,356
Town Administrative Charges 1,430
District Capital Improvements 10,000
Total Estimated Expenses for FY 2022/23 $ 19,502
Estimated Ending Fund Balance for FY 2022/23 $ 28,083
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
VASONA HEIGHTS BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2022/23
VASONA HEIGHTS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $295.00 529-13-056
Lot 2 $295.00 529-13-055
Lot 3 $295.00 529-13-054
Lot 4 $295.00 529-13-053
Lot 5 $295.00 529-13-052
Lot 6 $295.00 529-13-051
Lot 7 $295.00 529-13-049
Lot 8 $295.00 529-13-048
Lot 9 $295.00 529-13-047
Lot 10 $295.00 529-13-046
Lot 11 $295.00 529-13-044
Lot 12 $295.00 529-13-043
Lot 13 $295.00 529-13-042
Lot 14 $295.00 529-13-041
Lot 15 $295.00 529-13-040
Lot 16 $295.00 529-13-039
Lot 17 $295.00 529-13-038
Lot 18 $295.00 529-13-037
Lot 19 $295.00 529-13-036
Lot 20 $295.00 529-13-035
Lot 21 $295.00 529-13-060
Lot 22 $295.00 529-13-061
Lot 23 $295.00 529-13-032
Lot 24 $295.00 529-13-031
Lot 25 $295.00 529-13-030
Lot 26 $295.00 529-13-029
Lot 27 $295.00 529-13-028
Lot 28 $295.00 529-13-063
Lot 29 $295.00 529-13-062
Lot 30 $295.00 529-13-022
Lot 31 $295.00 529-13-021
Lot 32 $295.00 529-13-058
Lot 33 $295.00 529-13-059
Total Assessment: $9,735.00
METHOD OF APPORTIONMENT OF ASSESSMENT
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
The total amount of the assessment was apportioned equally to all the lots within Vasona Heights Benefit Zone of Landscaping and Lighting Assessment District No. 1.
VASONA HEIGHTS BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
52913037 MCCLOSKEY DAVID MATTHEW AND JULIE CHRISTINE
52913042 BABALIS PETER G AND TASSIA H TRUSTEE
52913039 LALA CHAITANYA TRUSTEE & ET AL
52913054 ORTEGA HAFID AND DESTINY G
52913031 KLINE DANIEL AND SARITA G
52913030 FAN JAMES AND CYNTHIA R
52913062 SCHELL MARY TRUSTEE
52913044 CHOI JOHNNY SY AND YING YING HUNG
52913056 BODE JON A AND JULEE A TRUSTEE
52913022 SPLAINE SHANNON CUINN ET AL
52913051 FLECK MATHIAS S AND CAROLINE C
52913021 SMITH CAMERON R AND MOYAL CARMEL
52913049 ERDEI NICOLAE M JR ET AL
52913055 DAVIDIAN ALEC AND BROWN ALANA C
52913052 ABY STEVEN J AND SHARON R TRUSTEE
52913045 LOS GATOS TOWN OF
52913032 TISNADO WILLIAM J TRUSTEE & ET AL
52913063 Conover Matthew O And Dai Li
52913041 SMART JOHN A AND BETH A
52913046 RAMEZANE DOUGLAS AND SAGGESE KATHLEEN A TRU
52913043 SMEDT RODNEY C AND KATHLEEN E
52913038 GAVIN JAMES A AND KIM J TRUSTEE
52913053 PALFALVI BELA E AND LORI C TRUSTEE
52913059 ANDERSON MARILYN J
52913028 KARAMANOLIS CHRISTOS AND GIANNAKOPOULOU DIM
52913048 MUI RUDY W AND WOO SHIRLEY Y TRUSTEE
52913058 Montgomery Michael L Trustee
52913027 LOS GATOS TOWN OF
52913040 BOESENBERG ALEX AND MICHELE TRUSTEE
52913029 DION THOMAS M AND CARRIE A
52913047 KANAMA RAMI AND KATHERINE TUYET
52913035 CHENG JULIE WAN-CHI TRUSTEE
52913061 HALPIN TIM AND SHERRI
52913036 LEVY MATTHEW AND MONITA
52913060 SILVA DENISE ET AL
Landscape and Lighting
Assessment District No. 1
HILLBROOK
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
HILLBROOK BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, irrigation systems, hardscape, and fences currently exist on APN: 523-11-028, located at the southeast corner of Blossom Hill Road and Hillbrook Drive, Los Gatos, California.
This report consists of four parts, as follows:
PART A: Diagram of Existing Improvements.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
May 2, 2023
GARY HEAP DATE
Town Engineer
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 22,743
Assessment 5,986
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 246
Total Resources Available for FY 2021/22 $ 28,975
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 60
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,509
Landscape Contractor 1,869
Town Administrative Charges 250
Total Expenses for FY 2021/22 $ 4,836
Ending Fund Balance for FY 2021/22 $ 24,140
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 24,140
Assessment 5,950
Interest 90
Total Estimated Resources Available for FY 2022/23 $ 30,180 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 60
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,500
Landscape Contractor 1,794
District Capital Improvements 15,000
Town Administrative Charges 250
Total Estimated Expenses for FY 2022/23 $ 19,904
Estimated Ending Fund Balance for FY 2022/23 $ 10,276
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
HILLBROOK DRIVE BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
HILLBROOK BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $175.00 523-11-027
Lot 2 $175.00 523-11-026
Lot 3 $175.00 523-11-025
Lot 4 $175.00 523-11-024
Lot 5 $175.00 523-11-023
Lot 6 $175.00 523-11-022
Lot 7 $175.00 523-11-021
Lot 8 $175.00 523-11-020
Lot 9 $175.00 523-11-019
Lot 10 $175.00 523-11-018
Lot 11 $175.00 523-07-030
Lot 12 $175.00 523-07-029
Lot 13 $175.00 523-07-028
Lot 14 $175.00 523-07-027
Lot 15 $175.00 523-07-026
Lot 16 $175.00 523-07-025
Lot 17 $175.00 523-07-024
Lot 18 $175.00 523-07-023
Lot 19 $175.00 523-07-022
Lot 20 $175.00 523-07-021
Lot 21 $175.00 523-07-020
Lot 22 $175.00 523-07-019
Lot 23 $175.00 523-07-018
Lot 24 $175.00 523-07-017
Lot 25 $175.00 523-07-016
Lot 26 $175.00 523-07-015
Lot 27 $175.00 523-07-014
Lot 28 $175.00 523-07-013
Lot 29 $175.00 523-07-012
Lot 30 $175.00 523-07-011
Lot 31 $175.00 523-07-010
Lot 32 $175.00 523-07-009
Lot 33 $175.00 523-07-008
Lot 34 $175.00 523-07-007
Total Assessment: $5,950
ASSESSMENT ROLL
FISCAL YEAR 2023/24
HILLBROOK BENEFIT ZONE
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone.
HILLBROOK BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
52307012 FOSTER TROY AND VOIGTS ANNE M
52307009 BERGKAMP JAMES J AND KIMBERLY L TRUSTEE
52307028 RUHLE PHILIP G AND NANCY A TTEES
52311028 S C V W D
52307016 VIKAS AGARWAL SHALINI AND ASHU TRUSTEE
52311019 BAHR STACEY AND IRA
52311025 ZHANG WEI AND DAI TING
52311027 BRADDI MICAELA ET AL
52307018 JIA TAO AND LI XIAOXING
52307022 GABEL ROBERT L TRUSTEE & ET AL
52311026 CORDELL ROBERT Q II TRUSTEE
52307008 DESANTIS JUSTIN AND GENO-DESANTIS DEBORAH T
52307026 MCCOY JEROME AND SHERYL D
52307019 ESCOBAR BENITO AND REBECCA J
52307011 ZHOU WEN TRUSTEE
52311020 WINOTO RENALDI AND JUNUS WIDYA
52307014 STEELE NANCY J TRUSTEE
52311018 PEARSON LORELDA M ET AL
52311023 PARHAM SEAN TRUSTEE & ET AL
52307010 VOSSEN STEPHAN AND BOSSEN INGRID
52307030 ZOLLA HOWARD G AND CAROL ELIAS TRUSTEE
52307020 BILLER JASON AND JENNY DAI TRUSTEE
52307015 KIRK LAURIE TRUSTEE & ET AL
52307024 HARWOOD MICHAEL AND ELIZABETH
52307027 SPITERI RALPH J AND LAVERNE C TRUSTEE
52311022 PANDIPATI SANTOSH AND RACHEL TRUSTEE
52307021 SCHNEIDER JOHN O AND CONDIT MICHAELA L
52307017 WHEELER MAXON R AND KIMBERLY A TRUSTEE
52307013 ONDREJKA CORY R AND HORTON VICTORIA L
52311024 FALCONA LLC
52307023 Lackovic Colette Q Trustee
52307029 MUNNERLYN AUDREY L
52307007 SCHNEIDER LINDA TRUSTEE
52311021 PANAGOPOULOS THEODOROS AND MAROUDAS DINA
52307025 JIN ROBERT X AND LISA H
Landscape and Lighting
Assessment District No. 2
GEMINI COURT
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 2
(Pursuant to the Landscaping and Lighting Act of 1972)
GEMINI COURT BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 2, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, irrigation systems, lighting, sound wall and fences as shown on the approved improvement and landscape plans for Tract No. 8439, Los Gatos, California.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements are filed in the Clerk Department.
Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the proposed assessment against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk Administrator.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
_______________ May 2, 2023
GARY HEAP DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
GEMINI COURT BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Greg G. Ing, and Associates, dated September 14, 1990, their job number 9031. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 34,415
Assessment 4,612
Delinquent Assessment
Penalties/Late Fees 0
Interest 380
Total Resources Available for FY 2021/22 $ 39,407
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 46
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 1,802
Town Administrative Charges 610
Total Expenses for FY 2021/22 2,606
Ending Fund Balance for FY 2021/22 $ 36,801
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 36,801
Assessment 4,600
Interest 150
Total Estimated Resources Available for FY 2022/23 $ 41,551 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 46
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 1,196
District Capital Improvement 10,000
Town Administrative Charges 610
Total Estimated Expenses for FY 2022/23 $ 12,152
Estimated Ending Fund Balance for FY 2022/23 $ 29,399
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
GEMINI COURT BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
GEMINI COURT BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $230.00 567-64-051
Lot 2 $230.00 567-64-050
Lot 3 $230.00 567-64-049
Lot 4 $230.00 567-64-048
Lot 5 $230.00 567-64-047
Lot 6 $230.00 567-64-046
Lot 7 $230.00 567-64-045
Lot 8 $230.00 567-64-044
Lot 9 $230.00 567-64-054
Lot 10 $230.00 567-64-053
Lot 11 $230.00 567-64-052
Lot 12 $230.00 567-64-042
Lot 13 $230.00 567-64-041
Lot 14 $230.00 567-64-040
Lot 15 $230.00 567-64-039
Lot 16 $230.00 567-64-038
Lot 17 $230.00 567-64-037
Lot 18 $230.00 567-64-036
Lot 19 $230.00 567-64-035
Lot 20 $230.00 567-64-034
Total Assessment: $4,600.00
*formerly Lot 9 – split into 3 parcels.
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within the Gemini Court Benefit Zone of Landscape and Lighting Assessment District No. 2.
GEMINI COURT BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
56764042 RAPISARDA FRED TRUSTEE & ET AL
56764052 Badaoui Raoul
56764047 LAU STEVEN C TRUSTEE & ET AL
56764049 MORGAN ROBERT G JR
56764037 FLISS JOHN R AND SHERI B TRUSTEE
56764036 Lee Daniel Hong Kyu And Song Ji Young
56764039 SCOGGIN MICHAEL D
56764035 KIM SUNG DAM AND HAE RAN
56764048 MOONESAN MOHAMMAD S AND ASANJAN DESIREH S
56764040 Ksj Inc
56764041 BIDABADI HOMA TRUSTEE
56764045 BOLOTIN IGOR AND VICTORIA
56764034 POWERS RICHARD J AND SHELLEY A TRUSTEE
56764054 AU KEVIN J AND MATKOVIC AU ZRINKA
56764038 SERRANO FRANCISCO TRUSTEE
56764051 BAKER KENNETH TRUSTEE & ET AL
56764044 DAVIDSON SHARON LYNNE TRUSTEE & ET AL
56764050 MOGANNAM EVELYN E TRUSTEE
56764046 NGUYEN STEVE
56764053 ZHOU GUOQUAN AND HUANG XU
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 17
DATE: June 5, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Conduct Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2023 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement RECOMMENDATION:
Conduct a public hearing to consider objections to the proposed removal of brush on parcels listed on the 2023 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List (Attachment 1) and order abatement.
BACKGROUND:
The Brush Abatement Program is a different and complementary program to the Weed Abatement Program. Both programs work to protect the Town from wildfire risk by reducing potential fuel, such as brush, for hillside areas.
The Brush Abatement Program is managed by the Santa Clara County Fire Department. The Town of Los Gatos Municipal Code Section 9.20.025 et seq requires property owners in the locally adopted Wildland Urban Interface Fire Area (WUI) (Attachment 4) to maintain effective defensible space by removing brush, flammable vegetation, and combustible growth, based on the locally adopted Fire Codes. Government Code Section 39560 and the following, authorize the County Fire Department, through a contract for services with the Town, to remove the brush if the property owner fails to do so and to recover administrative service and abatement costs through an assessment on the property tax bill for each parcel.
PAGE 2 OF 4
SUBJECT: Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2023 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement DATE: June 5, 2023
BACKGROUND (continued):
The WUI area is the part of the Town at greatest risk for wildfire and primarily consists of the hillsides and immediately adjacent neighborhoods. Los Gatos has over 1,800 parcels in the WUI area. County Fire categorizes the parcels into zones and rotates zones every three years to allow for inspections in the five to six-week inspection time frame (April-June). Through this approach each parcel is inspected every three years.
Early each year, property owners are reminded that they must remove flammable vegetation from around their home and other structures on their property to create defensible space. The Town annually adopts the Hazardous Vegetation Abatement Program and works with the Santa Clara County Fire Prevention Division who serves as the enforcement agent and conducts the inspections.
DISCUSSION:
On May 2, 2023, the Town Council passed Resolution 2023-017 (Attachment 3) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 20, 2023, as a public hearing to consider objections to the proposed removal of brush.
The following is a timeline of the program:
FEB/MARCH The Santa Clara County Fire Prevention Division notifies property owners located within the designated WUI area of the requirements and timeline to comply with the enforced safety regulations based on the adopted California Fire Code.
At the time of the notice, property owners are given the option to complete the required work themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’ authorized contractor to perform the work.
APRIL County Fire begins conducting the first property inspections of the properties identified in February/March. As a result of these inspections, letters and door-hangers are provided for those who are not yet compliant.
MAY Town Council adopts a Resolution declaring hazardous vegetation (brush) a public nuisance and sets a June public hearing to consider objections to the proposed removal of brush.
PAGE 3 OF 4
SUBJECT: Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2023 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement DATE: June 5, 2023
DISCUSSION (continued)
MAY/JUNE County Fire conducts re-inspections of the properties that were out of compliance at the time of the first property inspection and provides the Town with the list of properties in the WUI area that are non-compliant which will be brought to Council at the June public hearing.
Properties which are not in compliance at the time of re-inspection will be identified and County Fire will provide notice of the June public hearing to the property owners at least 10 days prior (Attachment 2). The Town publishes notices at least 10 days prior to the public hearing.
JUNE Town Council conducts a public hearing to consider objections to the proposed removal of hazardous vegetation (brush) of declared noncompliant parcels and orders the abatement of the nuisance by the Town’s authorized contractor.
On June 1, property owners who are not in compliance will be assessed with a fee of $505 to cover the administrative fees for generating a work order for the contractor. The assessments will be brought to Council for consideration in August. These properties will also be added to the Weed Abatement program for monitoring until such time as it demonstrates three consecutive years of voluntary compliance.
After the June public hearing, an additional inspection of all identified properties listed on the report will be conducted prior to the Town’s authorized contractor performing any abatement work.
If the property is brought into compliance after June 1 and before the contractor arrives, the property owner will only be charged the amount of $505, and no additional fees will be assessed.
JULY County Fire provides the Town with an assessment list of charges, which will be brought to Council for consideration in August. If there are no proposed charges, no additional public hearing is required.
AUGUST Town Council conducts a public hearing to consider assessments on properties in the Brush Abatement Program. A list of assessments will be submitted to the County Tax Assessor.
PAGE 4 OF 4
SUBJECT: Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2023 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement DATE: June 5, 2023
DISCUSSION (continued):
The timeline for the final inspections runs very close to the date of the June public hearing, which means that properties on the WUI area non-compliant list (Attachment 1) may ultimately comply prior to the date that the June public hearing takes place. If needed, staff will provide a final status of the list on the day of the public hearing by way of a Desk Item.
If needed, the Town may conduct an additional public hearing in August to consider the assessments, confirm the report, and authorize collection of the charges.
CONCLUSION:
Staff recommends that the Council conduct a public hearing to consider objections to the proposed removal of brush on parcels listed on the 2023 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and order abatement of the public nuisance and potential fire hazard pursuant to the Town of Los Gatos Municipal Code (Chapter 9) regarding defensible space.
COORDINATION:
This program is coordinated with the Santa Clara County Fire Department.
FISCAL IMPACT:
Funds allocated in the adopted Operating Budget cover the cost of publishing the legal notices for the program. The County’s cost to administer the abatement are recovered through the tax roll assessment charges levied against the affected properties.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. 2023 Wildland Urban Interface (WUI) Area non-compliant list
2. Letter to Property Owners
3. Resolution 2023-017 Declaring Hazardous Vegetation a Public Nuisance (May 2, 2023)
4. Wildland Urban Interface (WUI) Map
Wildland Urban Interface (WUI) Enforced Safety Regulations 2022 Non-Compliant Properties
June 07, 2023
TOWN OF LOS GATOS
APN 51020004 WUI Letter LGA 100
Re-Inspection Date 2023-06-04 Inspector Shannon Fire Station Violations [ X ] Create 30 feet of Defensible Space around the home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet (or to the property line) around structures.
[ X ] Create 100 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30-feet around structures. Additionally, create a Reduced Fuel Zone for the remaining 70 feet (or to the property line).
Situs Address 171 TERESITA WY, LOS GATOS
Property Owner Name YOST DENNIS J AND WENDY W
Property Owner Address 171 TERESITA WY, LOS GATOS
APN 53233069 WUI Letter LGA 100
Re-Inspection Date 2023-05-10 Inspector Marlon Spencer
Violations [ X ] Create 30 feet of Defensible Space around the home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet (or to the property line) around structures.
[ X ] Create 100 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30-feet around structures. Additionally, create a Reduced Fuel Zone for the remaining 70 feet (or to the property line).
[ X ] Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops.
[ X ] Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway.
[ X ] Cover chimney outlets or flues with a 1/2” mesh spark arrester. [ X ] Post a clearly visible house address, using at least 4” high numbers, for easy identification. For homes located more than 50 feet from the street, post address numbers at the driveway.
Situs Address 16680 KENNEDY RD, LOS GATOS
Property Owner Name NICHOLLS KELLY
Property Owner Address 1720 DORA DR, CARDIFF , CA