How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
AUGUST 15, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
Maria Ristow, Mayor
Mary Badame, Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
AUGUST 15, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
This meeting will be teleconferenced pursuant to Government Code Section 54953(b)(3). Council Member Rob Rennie will be participating from a teleconference location at 16879 Prospect Avenue, Thousand Island Park, New York, 13693. The teleconference location shall be accessible to the public and the agenda will be posted at the teleconference locations 72 hours before the meeting.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/85379428243?pwd=b3QzdklOUXRxaG5XQ2dSN3c0U0NLdz09 Passcode:
192366 You can also type in 85379428243 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.o
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item
or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.
MEETING CALL TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council Meeting without first being recognized; · Interrupting speakers, Town Council Meeting, or Town staff; · Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
PLEDGE OF ALLEGIANCE
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve Closed Session Council Meeting Minutes of August 1, 2023.
2. Approve Council Meeting Minutes of August 1, 2023.
3. Adopt a Resolution to Extend the Term of the Housing Element Advisory Board.
4. Authorize the Town Manager to Execute the Third Amendment to the Consulting Services Agreement with ActiveWayz Engineering for Additional Engineering Services in an Amount of $80,224, Resulting in a Total Agreement Amount Not to Exceed $276,933, for the Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813- 0218).
5. Consider the Following Actions Regarding the Howes Play Lot Structure:
a. Authorize the Town Manager to Execute a Purchase and Service Agreement with Ross Recreation Equipment to Replace Play Structure Equipment in an Amount of $115,884 Plus Five Percent for Unforeseen Repairs for a Total Agreement Amount not to Exceed $121,678; and
b. Authorize an Expenditure Budget Adjustment in an Amount of $121,678 From Available General Fund Special/Capital Projects Reserve.
6. Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Approve a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.
Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures.
Fence Height Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
7. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’."
8. Authorize the Town Manager to Execute the First Amendment to the Consulting Services Agreement with Nichols Consulting Engineers for Additional Engineering Services in an Amount of $42,500, Resulting in a Total Agreement Amount Not to Exceed $486,900, and an Extension of Time for the Shannon Road Repair Project (CIP No. 811- 0008).
9. Receive Monthly Financial and Investment Reports (April Amended, May, and June 2023).
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
10. Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department.
11. Review the Library Board Work Plan for Calendar Year 2023.
12. a. Receive the Information Provided in the Police Services Report: January – June 2023;
and
b. Approve the Technical Sharing of Information Obtained from the Town’s Automated License Plate Reader (ALPR) Technology and Information Captured by the Flock Safety Technology with Other Law Enforcement Agencies in Santa Clara County.
13. Receive an Update on American Rescue Plan Act (ARPA) Public Safety Expenses and General Fund Council Priorities – Economic Recovery Reserve Tracking and Provide Direction for the Use of the Remaining Funds in this Reserve.
14. Receive the Report on Downtown Paid Parking Program Models and Consider the Following Actions:
a. Direct Staff to Return to Council with an Updated Fee Resolution to:
i. Increase the Rates Effective January 1, 2024 for Residential Permit Parking to $52 per Year for Vehicle One, and $72, $92, and $112 for Vehicles Two, Three, and Four, Respectively;
ii. Set Rates for Residential Permits in the Olive Zone to Match Rates for the Town’s Other Residential Parking Zones Effective January 1, 2024; and iii. Eliminate the Annual Fee for Employee Parking in the Olive Zone Effective January 1, 2024;
b. Provide Direction to Staff Regarding the Establishment of Residential Permit Rates for Low Income Residents Defined as Households with Income of Less than 80% of Area Median Income;
c. Provide Direction to Staff Regarding the Two Free Visitor Passes that are Available to Each Household in the Residential Permit Parking Areas; and d. Provide Feedback and/or Direction on the Paid Parking Program Options, Pricing Models, Service Delivery Scenarios, and Staffing Alternatives Required to Support a Functioning and Effective Downtown Paid Parking Program.
15. Receive and Discuss a Status Update on the 2023-2031 Housing Element Process.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting - Closed Session Monday, August 1, 2023
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, August 1, 2023, to hold a Closed Session at 5:00 p.m.
MEETING CALLED TO ORDER AT 5:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
VERBAL COMMUNICATIONS
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Conference with Legal Counsel - Anticipated Litigation (Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(3): One case.
Council Member Moore recused for a portion of the discussion.
2. Conference with Labor Negotiator (Government Code §54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators:
Lisa Charbonneau, Liebert Cassidy Whitmore
Katy Nomura, Assistant Town Manager
Salina Flores, Human Resources Director
Employee Organizations:
Town Employees Association (TEA)
Police Officers’ Association (POA)
The Town Council reconvened in open session. The Town Attorney stated there was no reportable action under the Brown Act.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Special Meeting of Tuesday August 1, 2023 DATE: August 7, 2023
ADJOURNMENT
Closed Session adjourned at 6:35 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Clerk Laurel Prevetti, Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, August 1, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, August 1, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:01 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Nika Spitzer led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Ristow accepted a ceremonial check on behalf of the Town, issued by the Friends of Los Gatos Library.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Council met in closed session to discuss one item of anticipated litigation and labor negotiations pursuant to Government Code Sections 54956.9 and 54957.6, and there was no reportable action.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Moore stated he attended the Drag Queen Story Time, the announcement of a historic investment into the Los Gatos-Saratoga Recreation 55+ Program secured by Assembly Member Gail Pellerin, a Ribbon Cutting for the Sutter Health Los Gatos campus, and a Recognition Luncheon of West Valley Sanitation Employees. - Vice Mayor Badame stated she attended Symphony in the Park, and Music in the Park; met with Tom Picraux regarding senior activities; and met with community members regarding beach traffic, SB 330, and the Town’s Housing Element.
- Council Member Rennie stated he attended a few Silicon Valley Clean Energy Authority meetings including the Risk Oversight Committee and a Ribbon Cutting of the Sutter Health Los Gatos campus; met with Gail Pellerin regarding the investment into the Los GatosSaratoga Recreation 55+ Program; and attended the Los Gatos-Saratoga Recreation Senior Luncheon.
PAGE 2 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of August 1, 2023 DATE: August 1, 2023
- Council Member Hudes stated he met with Summerhill regarding the development of the Los Gatos Lodge; met with the Foundation for Seniors; attended the Seniors of Distinction Awards Ceremony, two committees of the Foundation for Seniors, Eden Affordable Housing’s Celebration, and Symphony in the Park.
Council Member Hudes requested the Town’s Housing Element to be placed on an agenda in August. Vice Mayor Badame seconded the request. The Mayor agreed to work with the Town Manager to place the item on the earliest possible agenda. - Mayor Ristow stated she attended the Terrace’s Seniors of Distinction Awards Ceremony; Los Gatos-Monte Sereno Police Department National Night Out at the Walker neighborhood, West Valley Mayors and Managers Meeting, Ribbon Cutting of Walnut Grove, and Symphony in the Park; and met with residents regarding the Housing Element, SB 330, and beach traffic.
Manager Matters
- Announced Summer Library Programs are underway.
- Announced the progress of the Town’s Housing Element, including the rezonings of the Housing Element sites is scheduled to be heard by the Planning Commission on August 23. - Announced beach traffic mitigations efforts are continuing, and more information can be found on the Town website.
- Announced a Joint Meeting with the Town Council and the Planning Commission will be held will be held on September 12, 2023 to discuss SB 330 and related laws. - Announced Music in the Park will continue through August 27, 2023, and invited all to attend.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the June 13, 2023 Town Council Retreat.
2. Approve Minutes of the June 20, 2023 Closed Session Town Council Meeting.
3. Approve Minutes of the June 20, 2023 Study Session of the Town Council.
4. Approve Minutes of the June 20, 2023 Town Council Meeting.
5. Appoint Mayor Maria Ristow as the Town’s Voting Delegate and Council Member Rob Moore as the Town’s Alternate Voting Delegate for the League of California Cities Annual Conference Scheduled for September 20-22, 2023 in Sacramento.
6. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, Article VII, ‘Weapons,’ of the Town Code to Update the Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places.” ORDINANCE 2341
7. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Land Use and Economic Recovery Amendments Related to Personal Service Businesses, Bars, Tap/Tasting
PAGE 3 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of August 1, 2023 DATE: August 1, 2023
Rooms, Specialty Food Retail, Banks, Financial and Investment Services, Office Activities, Formula Retail, Group Classes, Veterinarians, and Definitions.” ORDINANCE 2342
8. Approve the Modification to Town Council Policy 2-17: Solicitation and Donation Policy as Recommended by the Policy Committee. POLICY 2-17
9. Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021), by taking the following actions:
a. Reject the bid from AB Construction Company received on April 6, 2023 for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project; and
b. Authorize the Town Manager to Execute a Construction Agreement with Granite Construction in the Amount of $6,529,395.78 with a 10% Construction Contingency in the Amount of $652,939.58 for a Total Contract Amount Not to Exceed $7,182,335.36 for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project; and
c. Authorize Staff to Execute Contract Change Orders Up To and Within the Not to Exceed 10% Construction Contingency of $652,939.58; and
d. Authorize the Town Manager to Execute the Second Amendment to the Agreement for Consultant Services with Mott MacDonald Group to Provide Design Consultant Construction Support Services in an Amount Not to Exceed $206,371; and e. Authorize the Town Manager to Execute an Agreement for Consultant Services with Zoon Engineering for Construction Management, Inspection, and Materials Testing Services in an amount not to exceed $1,220,822.07 and also to encumber a 2% contingency in the amount of $29,177.93 for a total agreement amount not to exceed $1,250,000; and
f. Authorize Advances from the General Fund to the Town’s Grant Fund not to Exceed the Approved Grant Funding of $8,054,305 to Bridge Expenses and Reimbursement Timing.
10. Adopt an Updated Police Officer Association Salary Schedule, Effective July 9, 2023, to Correct a Mathematical Error to the Police Sergeant Classification.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to approve consent items 1-10. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
PAGE 4 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of August 1, 2023 DATE: August 1, 2023
VERBAL COMMUNICATIONS
Lynley Hogan
- Commented on concerns regarding Drag Story Time.
Albert Lustre
- Commented in support of local area labor standards for construction workers, including livable wage, local hire apprenticeship, and healthcare.
PUBLIC HEARINGS
11. Weed Abatement Program Public Hearing to Consider Objections to the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges.
Meredith Johnston, Administrative Technician, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Badame to adopt a resolution confirming the report and authorizing collection of the assessment charges. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
12. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’."
Gabrielle Whelan, Town Attorney, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
PAGE 5 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of August 1, 2023 DATE: August 1, 2023
MOTION: Motion by Council Member Moore to introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Section
18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’”. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
OTHER BUSINESS
13. Receive the Fiscal Year 2022/23 Parks Commission Accomplishments and Provide Direction on the Fiscal Year 2023/24 Work Plan.
Nicolle Burnham, Parks and Public Works Director, introduced the Parks Commission Chair.
Rob Stephenson, Parks Commission Chair, presented the workplan.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item and provided feedback.
PUBLIC HEARINGS
14. Consider an Appeal of a Planning Commission Decision to Approve a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8. Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha Johnson.
APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
Jennifer Armer, Planning Manager, presented the staff report.
Council Member Moore disclosed he lives near the property but is not within the 1,000 feet conflict-of-interest zone.
Mayor Ristow, Council Members Hudes and Moore, and Vice Mayor Badame disclosed they viewed the property.
Opened public comment.
PAGE 6 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of August 1, 2023 DATE: August 1, 2023
Laurence Cesnik, Appellant, provided comments in support of the appeal.
Closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Hudes to continue the application to the next meeting on August 15, 2023 and provide direction to staff to prepare a resolution to grant the appeal and the exception, and make the findings that the appeal is categorically exempt from CEQA and that a special security concern exists and special circumstances exist that would result in undue hardship, and in regard to the granting the appeal of the Planning Commission, there was no findings of error or abuse of discretion by the Planning Commission rather the Planning Commission was lacking some information that was important.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
Recess 8:49 p.m.
Reconvene 8:57 p.m.
OTHER BUSINESS
15. Consider Adoption of a Resolution Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location:
Town Wide. Applicant: Town of Los Gatos.
Jennifer Armer, Planning Manager, presented the staff report.
Opened public comment.
Lee Fagot
- Commented in support of story poles; stated online videos, renderings, and/or models should not replace story poles; suggested allowing less expensive materials such as flag lines instead of mesh netting; suggested providing an exception for 40% below market price housing units per project; and requested onsite viewing be available for the public.
Lisa Harris
- Commented in support of story poles.
Closed public comment.
PAGE 7 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of August 1, 2023 DATE: August 1, 2023
Council discussed the item.
MOTION: Motion by Council Member Rennie to waive the story pole requirements for projects with 30% below market price as defined by the Town Code or provides 20% low income or very low income affordability, and require on-site signage with a QR code that links to renderings and videos of the proposed project.
AMENDMENT: to include mixed-use projects with language stating the percentage is for the residential units. Seconded by Council Member Moore.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
MOTION: Motion by Council Member Moore to require story poles be installed for nonresidential projects if the project includes a request for variance or exception to physical development parameters which are defined as: height, setbacks, FAR (Floor Area Ratio), or lot coverage; or when the nonresidential addition exceeds 20% of the building’s FAR. Seconded by Council Member Rennie.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
MOTION: Motion by Mayor Ristow to require story poles for all new nonresidential buildings. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to require story poles to be installed for properties in the hillside area, as defined in the Hillside Development Standards and Guidelines, if the project includes new buildings, or new second-story additions. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to keep the story pole requirements for buildings in the historic districts as is (require story poles for properties on the Historic Resource Inventory if the project includes new buildings (excluding single-story accessory structures), residential second story additions, or nonresidential additions exceeding 100 square feet). Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
PAGE 8 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of August 1, 2023 DATE: August 1, 2023
MOTION: Motion by Council Member Moore to require story poles for single family residential projects if the project includes a new two-story home or a second story addition where both of the adjacent neighbors on the same side of the street are single story homes, or there is a request for a variance or an exception from the development standards (parameters). Seconded by Council Member Rennie.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
MOTION: Motion by Council Member Rennie to amend the story pole requirements to eliminate the mesh netting and change it to double flagging up to 55 feet and above 55 feet have something indicating the height and something else indicating the massing. AMENDMENTS: to revise the motion as follows: “to amend the story pole requirements to allow either mesh netting or double flagging.” Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to approve language recommended by the Planning Commission for multi-building projects (For multi-building developments, story poles shall only be required for the tallest structures and those along the perimeter of the site). Seconded by Council Member Moore.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
16. Provide Direction on Legislative Priorities with Regard to State, Federal, and Regional Legislation and Town Council Policy #2-18: Legislative Policy.
Katy Nomura, Assistant Town Manager, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Badame to extend the meeting to 12:06 a.m. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
PAGE 9 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of August 1, 2023 DATE: August 1, 2023
Council provided direction to staff to return with modifications to the Legislative Policy and potential legislative priorities.
ADJOURNMENT
The meeting adjourned at 12:04 a.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023
ITEM NO: 3
DATE: August 10, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Extend the Term of the Housing Element Advisory Board
RECOMMENDATION:
Adopt a resolution to extend the term of the Housing Element Advisory Board.
BACKGROUND:
On August 3, 2021, Town Council adopted a resolution (Attachment 1) to establish the Housing Element Advisory Board (HEAB) for the 2023-2031 Housing Element update. This resolution stated that the HEAB would sunset on February 1, 2023, unless extended by the Town Council.
On January 17, 2023, Town Council adopted a resolution (Attachment 2) to extend the term of the HEAB to May 31, 2023, to allow them to continue their work.
On May 16, 2023, Town Council adopted a resolution (Attachment 3) to extend the term of the HEAB to August 30, 2023, to allow them to continue their work.
DISCUSSION:
The HEAB has been working diligently, and additional time is needed to complete the work on the Housing Element update. The remaining work will include review of future revisions in response to comments received from the California Department of Housing and Community Development (HCD) on May 30, 2023, and revisions in response to any future HCD comments.
Attachment 4 contains a draft resolution to extend the term of the HEAB until January 31, 2024.
PAGE 2 OF 2
SUBJECT: HEAB Extension
DATE: August 10, 2023
FISCAL IMPACT:
The General Plan Update Fund has monies available to cover the additional HEAB meetings, the overall Housing Element update, and its environmental review.
ENVIRONMENTAL ASSESSMENT:
This action will have no effect on the environment and is not subject to the California Environmental Quality Act.
Attachments:
1. Resolution 2021-032
2. Resolution 2023-003
3. Resolution 2023-029
4. Draft Resolution
ATTACHMENT 1
This Page
Intentionally
Left Blank
ATTACHMENT 2
ATTACHMENT 3
1 of 2
Resolution 2023 - Date
Draft Resolution to
be modified by Town
Council deliberations
and direction.
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
EXTENDING THE TERM OF THE HOUSING ELEMENT ADVISORY BOARD WHEREAS, the Housing Element Advisory Board (HEAB) is intended to be an advisory board created for the purpose of advising Town staff, providing a forum for public involvement, and making recommendations to the Planning Commission and Town Council on updates to the Housing Element; and
WHEREAS, the HEAB was established by Town Council on August 3, 2021, by Resolution 2021-032; and
WHEREAS, the term of the HEAB was extended by Town Council on January 17, 2023, by Resolution 2023-003; and
WHEREAS, the term of the HEAB was extended by Town Council on May 16, 2023, by Resolution 2023-029; and
WHEREAS, the HEAB has worked diligently in reviewing the updated Housing Element; and
WHEREAS, additional time needed for the HEAB to complete their work including review of comments received from California Department of Housing and Community Development (HCD) on May 30, 2023, and revisions in response to any future HCD comments.
NOW, THEREFORE, BE IT RESOLVED, the Town Council of the Town of Los Gatos extends the term of the HEAB to January 31, 2024, unless extended by the Town Council.
ATTACHMENT 4
2 of 2
Resolution 2023 - Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15
th day of August, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023
ITEM NO: 4
DATE: August 4, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute the Third Amendment to the Consulting Services Agreement with ActiveWayz Engineering for Additional Engineering Services in an Amount of $80,224, Resulting in a Total Agreement Amount Not to Exceed $276,933, for the Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813-0218)
RECOMMENDATION:
Authorize the Town Manager to execute the third amendment to the consulting services agreement with ActiveWayz Engineering for additional engineering services in an amount of $80,224, resulting in a total agreement amount not to exceed $276,933, for the Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813-0218).
BACKGROUND:
The Shannon Road Pedestrian and Bikeway Improvements Project would provide pedestrian and bicycle safety improvements on Shannon Road between Los Gatos Boulevard and Cherry Blossom Lane. This segment of Shannon Road is a two-lane neighborhood collector street with high volumes of bicycle and pedestrian traffic when schools are in session. The street is a popular route for students attending Blossom Hill Elementary, Louise Van Meter Elementary, and Raymond J. Fisher Middle schools. There are intermittent sections of sidewalk on both sides of the roadway. Currently, on-street parking is not allowed on Shannon Road between 7 a.m. and 6 p.m., except on Saturdays, Sundays, and holidays.
On November 5, 2019, the Town Council authorized the Town Manager to solicit design consultants and negotiate and execute a design consultant agreement in an amount not to exceed $200,000. ActiveWayz Engineering was selected as the design consultant through the
PAGE 2 OF 5
SUBJECT: Third Amendment with ActiveWayz for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218)
DATE: August 4, 2023
BACKGROUND (continued):
procurement process. A consultant services agreement for an amount not to exceed $126,631 was negotiated and executed with ActiveWayz Engineering to include project management, survey, alternative analysis and community outreach, utility coordination, final design, bid support, and construction administration support.
On March 1, 2022, Council authorized the Town Manager to execute the first amendment increase of $44,840 with ActiveWayz Engineering for additional community outreach efforts and to develop an additional design option based on the community feedback received.
On April 18, 2023, the Town Council authorized the Town Manager to execute the second amendment to the consulting services agreement with ActiveWayz Engineering for additional engineering services during bid, award, and construction in an amount of $25,238, resulting in a total agreement amount not to exceed $196,709. Council further directed that that staff modify the design to minimize large asphalt buffers, remove parking spaces, add trees wherever possible; organize a community meeting; and prioritize returning this item to Council in as much of a timely manner as possible in order to maintain the grant funding.
On June 20, 2023, following input from the community, staff presented the Town Council with a new alternative option for the Shannon Road design. The Town Council provided direction to staff to complete the design for Modified Option 1 to reflect community input and the Town Council direction from the April 18, 2023, meeting.
DISCUSSION:
To modify the plans from the previous final design to the Modified Option 1 alternative, ActiveWayz needs to:
1. Redesign of the sidewalk, curb, gutter, and residential driveway transitions,
2. Redesign of the drainage improvements,
3. Design of new planter strips,
4. Redesign of the curb ramps and curb extensions,
5. Modifications to the signage and striping, and
6. Redesign of the utility relocations.
The cost of the additional work requires an amendment to the current contract with ActiveWayz. This amendment also includes costs for ActiveWayz to assist Town staff in acquiring the Construction Funding Authorization (E-76) from Caltrans for the project which is a requirement of the project grant funding.
PAGE 3 OF 5
SUBJECT: Third Amendment with ActiveWayz for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218)
DATE: August 4, 2023
DISCUSSION (continued):
This report recommends a third amendment to the agreement with ActiveWayz for additional engineering services (see Attachment 1).
The following is the updated anticipated schedule for the project, assuming receipt of the E-76 approval:
Milestones Anticipated Timeline
Finalize design of Modified Option 1 October 20, 2023
Informal Coordination with Residents September 2023
Coordinate E-76 with Caltrans October – December 2023
Request Council Authorization to Bid January 16, 2024
Advertise the Project for Bid January 26, 2024
Bids Due February 15, 2024
Council to Accept Lowest Bidder March 5, 2024
Award and Execute Agreement March 15, 2024
Start Construction April 1, 2024
Anticipated Completion August 2024
Upon completion of the design, staff will provide an opportunity for the Shannon Road residents to meet with staff to discuss specific project impacts to their properties.
CONCLUSION:
Staff recommends the Town Council authorize the Town Manager to execute the third amendment to the consulting services agreement with ActiveWayz Engineering for additional engineering services in an amount of $80,224, resulting in a total agreement amount not to exceed $276,933, for the Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813-0218).
COORDINATION:
This project has been coordinated with the Complete Streets and Transportation Commission; significant public outreach has been conducted; and the preparation of this report has been coordinated with the Finance Department.
PAGE 4 OF 5
SUBJECT: Third Amendment with ActiveWayz for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218)
DATE: August 4, 2023
FISCAL IMPACT:
Following the funding allocation approved at the April 18 20, 2023 Town Council meeting, there are sufficient funds in the account to pay for this amendment. With this third amendment, the total cost for design remains less than 15% of the expected construction cost for the project.
However, staff recognizes that the proposed design changes will result in changes to projected construction costs. Staff will provide an updated construction cost estimate in advance of bidding the project.
Staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the costs of projects, recovery of costs from grant funded projects, and identification of future staffing needs. This project utilizes a combination of full-time budgeted staff and temporary staff that support fluctuating workloads. The costs for temporary staff will be directly associated with this project while full-time staff are accounted for in the Department’s operating budget.
Budget
GFAR $ 741,296
Grants $ 1,114,350
Utility Undergrounding $ 119,204
Storm Basin $ 200,000
Traffic Mitigation Funds $ 133,380
Total Budget $ 2,308,230
Costs
Misc. Expenses $ 500
Temporary Staff Charges $ 35,000
ActiveWayz Engineering Services Agreement
(Previously Approved) $ 196,709
ActiveWayz Engineering Services Agreement
Amendment No. 3 (Considered with this Staff Report) $ 80,224 Construction Management Services (7.5%) $ 127,391
Construction $ 1,698,550
Construction Contingency (10%) $ 169,856
Total Costs $ 2,308,230
Available Balance $ -
Shannon Road Pedestrian and Bikeway Improvements
CIP No. 813-0218
PAGE 5 OF 5
SUBJECT: Third Amendment with ActiveWayz for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218)
DATE: August 4, 2023
ENVIRONMENTAL ASSESSMENT:
This is a project defined under the California Environmental Quality Act (CEQA) as being Categorically Exempt per Section 15301(c) Existing streets, sidewalks, trails and similar facilities and 15304(h) Creation of bicycle lanes on existing rights-of-way. A Notice of Exemption will be filed. Under the National Environmental Policy Act (NEPA), the project is determined to be categorically excluded from a detailed environmental analysis.
Attachments:
1. Third Amendment - Agreement for Consultant Services - ActiveWayz Engineering with Exhibits A (Original Agreement and Previous Amendments) and Exhibit B (Updated Scope of Services)
Third Amendment to Agreement for Consultant Services ATTACHMENT 1 ActiveWayz Engineering
THIRD AMENDMENT TO AGREEMENT
This THIRD AMENDMENT TO AGREEMENT is dated for identification this 15th day of August 2023 and amends that certain Second Amendment to Agreement for Consultant Services dated April 1, 2023, made by and between the Town of Los Gatos, ("Town") and the ActiveWayz Engineering (“Consultant”) identified as an S Corporation and whose address is 2170 The Alameda Ste 200, San Jose, CA 95126
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021 (“Agreement”) and a First Amendment for Consultant Services Agreement on March 1, 2022, and a Second Amendment for Consultant Services Agreement on April 1, 2023 for the Shannon Road Pedestrian and Bikeway improvements Project (CIP No. 813-0218), 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 scope of services and for additional compensation.
AMENDMENT
1. 2.1 Scope of Services is amended to read as follows:
Consultant shall provide services as described in that certain Proposal sent to the Town on July 31, 2023, which is hereby incorporated by reference and attached as Exhibit B.
2. 2.6 Compensation is amended to read as follows:
Additional compensation for Consultant’s professional services shall be increased by $80,224. For a total agreement amount not to exceed $276,933, inclusive of all costs.
Payment shall be based upon Town approval of each task based on Exhibit B.
3. All other items and conditions of the Agreement remain in full force and effect.
Third Amendment to Agreement for Consultant Services ATTACHMENT 1 ActiveWayz Engineering
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: ActiveWayz Engineering:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Admas Zewdie, President
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
Second Amendment to Agreement for Consultant Services
ActiveWayz Engineering
SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 1 st day of April
2023 and amends that certain First Amendment to Agreement for Consultant Services dated March 1, 2022, made by and between the Town of Los Gatos, ("Town") and the ActiveWayz Engineering (“Consultant”) identified as an S Corporation and whose address is 2170 The Alameda Ste 200, San Jose, CA 95126
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021 (“Agreement”) and a First Amendment for Consultant Services Agreement on March 1, 2022 for the Shannon Road Pedestrian and Bikeway improvements Project (CIP No. 813- 0218), 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 scope of services and for additional compensation.
AMENDMENT
1. 2.1 Scope of Services is amended to read as follows:
Consultant shall provide services as described in that certain Proposal sent to the Town on March 8, 2023, which is hereby incorporated by referenced and attached as Exhibit B.
2. 2.6 Compensation is amended to read as follows:
Additional compensation for Consultant’s professional services shall be increased by $25,238. For a total agreement amount not to exceed $196,709, inclusive of all costs.
Payment shall be based upon Town approval of each task based on Exhibit B.
3. All other items and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 7C227A2E-1207-4AE5-B0CA-00033926343E
EXHIBIT A
Second Amendment to Agreement for Consultant Services
ActiveWayz Engineering
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: ActiveWayz Engineering:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Admas Zewdie, President
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk DocuSign Envelope ID: 7C227A2E-1207-4AE5-B0CA-00033926343E
ActiveWayz Engineering – First Amendment to Agreement for Consultant Services Shannon Road Pedestrian and Bikeway Improvements Project
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 1
st day of March 2022 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated May 3, 2021, made by and between the TOWN OF LOS GATOS, ("Town,") and ACTIVEWAYZ ENGINEERING (“Consultant”).
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021 (“Agreement”), for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. Town desires to amend the Agreement for the additional design services need for the project as descried in Exhibit B (Amendment Request from ActiveWayz Engineering dated February 18, 2022) attached hereto and incorporated by reference.
AMENDMENT
1. Section 2.1 Scope of Services is amended to read:
Consultant shall provide services as described in Exhibit A and Exhibit B (Amendment Request from ActiveWayz Engineering dated February 18, 2022), which are hereby incorporated by reference.
2. Section 2.6 Compensation is amended to read:
Compensation for Consultant's professional services shall not exceed $171,471.00, inclusive of all costs as described in Exhibit A and Exhibit B. Payment shall be based upon Town approval of each task.
3. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
ActiveWayz Engineering – First Amendment to Agreement for Consultant Services Shannon Road Pedestrian and Bikeway Improvements Project IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos by: Consultant by:
_______________________________ ______________________________ Laurel Prevetti
Town Manager
______________________________
Print Name/Title
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: 3053538C-F7D8-4A81-B8EC-02963122D00E Admas Zewdie, President
3/11/2022
3/23/2022
3/23/2022
3/23/2022
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218) Agreement for Consultant Services
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on May 3, 2021 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and ACTIVEWAYZ ENGINEERING, (“Consultant”), whose address is 2170 The Alameda, Suite 200, San Jose, CA 95126. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town desires to engage Consultant to provide Consultant Services for Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218).
1.2 Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in Exhibit A, which is hereby incorporated by reference.
2.2 Term and Time of Performance. This contract will remain in effect from date of execution to December 31, 2023.
2.3 Compliance with Laws. Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218) Agreement for Consultant Services
individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed $126,631.00, inclusive of all costs as described in Exhibit A. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and 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, 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 DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218) Agreement for Consultant Services
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 of this 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:
i. 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 an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218) Agreement for Consultant Services
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. 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 in respect to 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 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.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218) Agreement for Consultant Services
3.4 Indemnification. 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 of the 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 of the County of Santa Clara.
4.3 Termination of Agreement. Town and 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, 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 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218) Agreement for Consultant Services
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the Town, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the Town, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218) Agreement for Consultant Services
indemnify the Town for any fines assessed by the California Department of Industrial Relations against the Town for such violation, including all staff costs and attorney’s fee relating to such fine.
4.4.9 Town shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., Town may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 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.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 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
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
ACTIVEWAYZ ENGINEERING
Attn: Admas Zewdie
2170 The Alameda, Suite 200
San Jose, CA 95126
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4.8 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.
4.9 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.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218) Agreement for Consultant Services
IN WITNESS WHEREOF, Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
Consultant, by:
Printed Name and Title
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976 Admas Zewdie, President
5/18/2021
5/19/2021
5/20/2021
5/20/2021
5/20/2021
2170 The Alameda, Suite 200
San Jose, CA 95126
www.activewayz.engineering
July 31, 2023
Gary Heap, P.E., Town Engineer
Town of Los Gatos, Parks & Public Works
41 Miles Ave, Los Gatos, CA 95030
(408) 399-5773
RE: Shannon Road Pedestrian and Bikeway Improvements Project – Amendment Request #3 Dear Gary,
Thank you for the opportunity to continue supporting the Town of Los Gatos in achieving the completestreet vision for Shannon Road. The Plans, Specification, and Estimate (PS&E) package for the Shannon Road Pedestrian and Bikeway Improvements Project was fully completed and ready to bid. This proposal is for the resign of the corridor based on Town Council direction to staff to accommodate recent resident requests for modification of the previous design. The proposed concept attempts to maximize placement of trees and reduce bicycle lane buffers to a minimum. We propose the following scope items to incorporate the desired changes and prepare contract package for the revised concept.
SCOPE OF SERVICES
Project Management
Communicate regularly with Town of Los Gatos project manager regarding project progress, challenges, and next action items; Prepare monthly invoices and progress reports; Prepare and maintain project schedule.
Utility Coordination
Review previously completed Notice to Owner (NTOs); coordinate with utility companies to update relocation plans if necessary; prepare amendment to previously approved utility and right of way certification documents in coordination with Caltrans.
Final Design
100% PS&E
Update the project geometric layout based on the Council-approved conceptual cross-sections; redesign driveways, curb ramps, drainage systems, and update relevant construction details accordingly; update project specifications and cost estimate.
EXHIBIT B
Final PS&E
Review and respond to Town comments on the 100% PS&E package, update plans, specifications, and estimate to address Town comments.
OPTIONAL TASK - E-76 Construction Funding Authorizatoin Request ActiveWayz will prepare construction funding application (E-76 package) to Caltrans Local Assistance.
ActiveWayz will complete and submit the following forms for Caltrans review and approval:
• Exhibit 3a
• Exhibit 9d
• Exhibit 12d
• Exhibit 17-Ex-18
• Exhibit 12f
FTIP reference sheet, approved NEPA document (to be provided by Town), signed and sealed PS&E package will be included in the funding application package.
Project Budget Summary
The proposed fee for the abovementioned scope is $70,688, excluding the optional task. The table below summarizes the overall project budget. A detailed breakdown of the proposed fee is included as Attachment A.
Original Contract $ 126,631
Amendment #1 $ 44,840
Amendment #2 (Construction Support) $ 25,238
Contract Amount After Amendments $ 196,709
Current Amendment Request (Excluding Optional Task) $ 70,688 Contract Amount After Current Amendment $ 267,397
Optional Task $9,536
Contract Amount After Current Amendment (Including Optional Task) $ 276,933 I hope you find the above information helpful as you review our amendment request. Should you have any questions regarding the above, please contact me at [email protected] or at (408) 219-5678.
Sincerely,
ActiveWayz Engineering, Inc.
Admas Zewdie, P.E.
President
ActiveWayz Engineering
Fee Estimate
7/17/2023
Project ManagerDesign EngineerEngineering TechnicianTotalProject ManagerDesign EngineerEngineering Technician $220 $136 $109
Tasks $220 $136 $109
1. Project Management 24 — — 24 $5,280 — — $5,280
Sub-Task
Project Management & Coordination 16 — — 16 $3,520 — — $3,520 Project Schedule — — — — — — — —
Kick-Off Meeting — — — — — — — —
Project Coordination Meeting 8 — — 8 $1,760 — — $1,760
Ourteach Meetings (4) — — — — — — — —
5. Utility Coordination 10 16 — 26 $2,200 $2,176 — $4,376 Sub-Task
Utility Coordination 10 16 — 26 $2,200 $2,176 — $4,376
— — — — — — — —
— — — — — — — —
— — — — — — — —
6. Final Design 66 342 — 408 $14,520 $46,512 — $61,032
Sub-Task
65% PS&E — — — — — — — —
100% PS&E 52 264 — 316 $11,440 $35,904 — $47,344
Update Geometric Layout 10
Prepare Demolition Xref File 8
Prepare Demolition Plan Sheets 12
Typical Cross Sections 8
Profile Design 8 22
Plan and Profile Sheets 28
Curb Ramp and Driveway Design 10 40
Improvement Detail Sheets 40
Drainage System Design 32
Drainage and Utility Xref File 12
Drainage and Utility Plan Sheets 24
Signing and Striping Sheets 16
Quantity Calculation/Cost Estimate 22
Specifications 12
QC Review 12
Final PS&E 12 70 — 82 $2,640 $9,520 — $12,160
Comment Review and Responses 3 4
Update Xref Files (Geom, Prof, Demo, Drainage) 12
Update Plan Sheets 46
Update Estimate 8
Update Specs 3
QC Review 6
E-76 Support to Town Staff 2 8 10 $440 $1,088 — $1,528
Total 100 358 — 458 $22,000 $48,688 — $70,688
Optional Task
E-76 Construction Funding Authorizatoin Request 28 12 16 56 $6,160 $1,632 $1,744 $9,536
TOWN OF LOS GATOS
SHANNON ROAD PEDESTRIAN AND BIKEWAY IMPROVEMENTS (CIP No. 813-0218) AMENDEMENT #3
ActiveWayz Engineering
Hours
TotalFee
Shannon Road - Amendment Request_20230717-Breakdown.xlsx
ATTACHMENT A
PREPARED BY: Jim Harbin
Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023
ITEM NO: 5
DATE: August 4, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider the Following Actions Regarding the Howes Play Lot Structure:
a. Authorize the Town Manager to Execute a Purchase and Service Agreement with Ross Recreation Equipment to Replace Play Structure Equipment in an Amount of $115,884 Plus Five Percent for Unforeseen Repairs for a Total Agreement Amount not to Exceed $121,678; and b. Authorize an Expenditure Budget Adjustment in an Amount of $121,678 From Available General Fund Special/Capital Projects Reserve RECOMMENDATION:
Consider the following actions regarding the Howes Play Lot structure:
a. Authorize the Town Manager to execute a purchase and service agreement with Ross Recreation Equipment to replace play structure equipment at Howes Play Lot in an amount of $115,884 plus five percent for unforeseen repairs for a total agreement amount not to exceed $121,678 (Attachment 1); and
b. Authorize an expenditure budget adjustment in an amount of $121,678 from available General Fund Capital/Special Projects Reserve
BACKGROUND:
Howes Play Lot is a neighborhood park situated between Thomas Drive and Howes Drive. The park is highly used by neighborhood families and school children as a stopping point between school and home travels. The park is equipped with a lighted pathway, large trees, benches, and play equipment. The play equipment consists of a tot swing, a tot slide, and youth playscape (intended for ages 5 to 12).
PAGE 2 OF 3
SUBJECT: Howes Play Lot Structure
DATE: August 4, 2023
BACKGROUND (continued):
Beginning early January of 2023, the Town experienced torrential storms with extreme wind conditions after several years of drought in Northern California. As a result of these storms, tree damage occurred throughout the Town including two large Stone Pine trees that fell on the play structure at Howes Play Lot, destroying 70 percent of the equipment. Following the storms, Town contractors removed the fallen trees. Inspection revealed that the tot slide and swings were not damaged, but the youth play lot was a complete loss and could not be salvaged.
DISCUSSION:
Play lot equipment is highly regulated for safety and requires specially certified contractors to facilitate repair work to the play structures. The best practice and most efficient approach is to work with the original manufacturer to procure and install the equipment being replaced.
Town Code Section 2.50.130(b)(6) authorizes the use of the cooperative purchasing agreement pursuant to the guidelines set forth in the Purchasing Policy. “When it is in the Town’s best interest, Departments may purchase goods or services through cooperative purchasing agreements of other governmental or public agencies. Use of cooperative purchasing agreements is encouraged as a way of obtaining goods and services by aggregating volume, securing value pricing, and reducing administrative overhead. Measured use of cooperative purchasing agreements can significantly reduce the time and resources needed to competitively bid goods and service contracts.”
Using the National Purchasing Partners (NPPGov) cooperative procurement (Attachment 1), staff requested and received a quote from Ross Recreation Equipment, Inc. for the replacement of the youth lot equipment.
Staff has submitted a claim to the Town’s insurance carrier for reimbursement of costs related to the storm damage repairs at the Play Lot. The claim is pending. Staff is requesting to move forward at this time using Town resources while the claim is pending because delivery of the playground equipment is estimated to have a 27-week lead time.
CONCLUSION:
Staff recommends using Town funds to execute a contract for replacement of the youth play structure at Howe’s Play Lot while the insurance claim is pending. Funds received from insurance will reimburse the Town resources used.
PAGE 3 OF 3
SUBJECT: Howes Play Lot Structure
DATE: August 4, 2023
FISCAL IMPACT:
As it was mentioned before, funds received from insurance will reimburse the Town resources used. In addition to the budget adjustment recommended with this report, staff will bring forward a future budget adjustment action to Council to recognize the insurance reimbursement revenue.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Purchase and Service Agreement with Exhibit A (NPPGov Cooperative Procurement Agreement)
2. Information on Ross Recreation Equipment from NPPGov
ATTACHMENT 1
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Purchase and Service Agreement - Ross Recreation Equipment
PURCHASE AND SERVICE AGREEMENT
THIS AGREEMENT is dated for identification this 15th day of August 2023 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Ross Recreation Equipment, (“Supplier”), identified as an S Corporation and whose address is 100 Brush Creek Road, Suite 206, Santa Rosa, CA 95404. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town reviewed potential suppliers through NPPgov, and Supplier was found to be an approved supplier for this purchase.
1.2 Supplier represents that it is a qualified and competent supplier of the items to be purchased under this Agreement.
1.3 The Town desires to engage Supplier to provide service to replace play structure equipment at Howes Play Lot.
1.4 The Supplier represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement.
II. AGREEMENTS
2.1 Supplies and Terms. Supplier hereby agrees to deliver to Town the items and materials described in Exhibit A, which is attached hereto and incorporated by reference. The terms and conditions are as follows:
(1) Price. Town shall pay Supplier the amounts defined in Exhibit A $115,884 plus five percent for unforeseen repairs for a total agreement amount not to exceed $121,678, which include sales tax and delivery charges. Payment shall be net 30 days from delivery.
(2) Delivery. The delivery of the items and materials shall be on a mutually agreed upon date. Delivery shall be made between 8:00 a.m. and 5:00 p.m. on weekdays that are not Town holidays or furlough days.
2.2 Time of the Essence. Prompt delivery of the items and materials is essential to this Agreement.
2.3 Scope of Services. Supplier shall provide services as described in that certain Proposal sent to the Town on May 10, 2023, which is hereby incorporated by reference and attached as “Exhibit A.”
2.4 Time of Performance. Notwithstanding Section 2.1(2), this agreement will remain in effect upon execution until December 31, 2024.
ATTACHMENT 1
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Purchase and Service Agreement - Ross Recreation Equipment
2.5 Compliance with Laws. The Suppliershall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Supplier represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Supplier to practice its profession. Supplier shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.6 Sole Responsibility. Supplier shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.7 Information/Report Handling. All documents furnished to Supplier by the Town and all reports and supportive data prepared by the Supplier under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Supplier's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Supplier in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Supplier shall not make any of the these documents or information available to any individual or organization not employed by the Supplier or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Supplier pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Supplier in connection with other projects shall be solely at Town's risk, unless Supplier expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Supplier which is and has been confirmed in writing by Supplier to be a trade secret of Supplier.
2.8 Compensation. Compensation for the supplies and materials delivered and for supplier's professional services in the amount of $115,884 plus five percent for unforeseen repairs for a total agreement amount not to exceed $121,678, inclusive of all costs. Payment shall be based upon Town approval of each task. Subject to appropriation of funds, notwithstanding any other provision in this agreement.
2.9 Billing. Billing shall be by invoice within thirty (30) days of the rendering of the services and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
ATTACHMENT 1
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Purchase and Service Agreement - Ross Recreation Equipment
2.10 Availability of Records. Supplier shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Supplier shall make these records available to authorized personnel of the Town at the Supplier's offices during business hours upon written request of the Town.
2.11 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Supplier. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.12 Independent Contractor. It is understood that the Supplier, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and 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 Supplier 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. Supplier agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Supplier 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 Supplier or is based on allegations of Supplier's negligent performance or wrongdoing.
2.13 Conflict of Interest. Supplier understands that its professional responsibilities are solely to the Town. The Supplier has and shall not obtain any holding or interest within the Town of Los Gatos. Supplier 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, Supplier warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this 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.
Supplier 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, Supplier discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Supplier shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.14 Equal Employment Opportunity. Supplier warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity.
Neither Supplier 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.
ATTACHMENT 1
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Purchase and Service Agreement - Ross Recreation Equipment III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Supplier 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. ii. Supplier agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
iii. Supplier shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Supplier agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Supplier 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 Supplier 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 Supplier; products and completed operations of Supplier, premises owned or used by the Supplier. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Supplier's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or selfinsurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Supplier'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.
ATTACHMENT 1
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Purchase and Service Agreement - Ross Recreation Equipment iv. The Supplier'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 Administrator.
3.3 Workers’ Compensation. In addition to these policies, Supplier 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, Supplier shall ensure that all subcontractors employed by Supplier provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Suppliershall 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 damagesto 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 Supplier, or any of the Supplier's officers, employees, or agents or any sub-contractor.
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 of the same or any other provision of this Agreement.
4.2 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.
4.3 Warranty. Supplier shall remedy any defects due to faulty materials and/or workmanship and pay for any damages to other work and/or existing facilities resulting therefrom which shall appear within a period of one year from the date of recording of final acceptance.
4.4 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 of the County of Santa Clara.
4.5 Termination of Agreement. The Town and the Suppliershall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of
ATTACHMENT 1
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Purchase and Service Agreement - Ross Recreation Equipment termination. In the event of termination, the Supplier shall deliver to the Town all supplies and services scheduled to be delivered to Town within that fifteen (15) day period.
4.6 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
1. The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
ATTACHMENT 1
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Purchase and Service Agreement - Ross Recreation Equipment
6. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
7. In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations.
Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
8. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
9. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
4.7 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Supplier.
4.8 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.9 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
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Ross Recreation Equipment
100 Brush Creek Road, Suite 206
Santa Rosa, CA 95404
ATTACHMENT 1
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Purchase and Service Agreement - Ross Recreation Equipment OR personally delivered to Supplier to such address or such other address as Supplier designates in writing to Town.
4.10 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.
///
///
ATTACHMENT 1
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Purchase and Service Agreement - Ross Recreation Equipment
4.11 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Supplier. 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 Supplier have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
Ross Recreation Equipment, by:
Heather Hailey, Contract Administrator
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
Alex Hailey [email protected]
Ross Recreation Representative
00041337 $115,883.84
Total $115,883.84
Freight Amount $8,334.00
Labor Amount $38,116.00
Tax Amount $5,878.84
Credit Terms Net 30 On Materials Shipment Materials Amount $63,555.00 Est Lead Time Check with Sales Rep
Quote Exp Date 7/7/2023
Quote Date 6/9/2023
Quote Name Howes Damage Replacement
Opportunity Name Howes Damage Replacement
Quote Number 00041337
41 Miles Ave
Los Gatos, California 95030
United States
Ship To
Ship To Name Los Gatos, Town of
Phone (408) 399-5774
110 E Main Street Lobby
Los Gatos, California 95030
United States
Bill To
Bill To Name Los Gatos, Town of
Contact Name Nicolle Burnham
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206
Santa Rosa, CA. 95404
707.538.3800 - [email protected]
PS21070
Prepared For:
Quantity Product Product Description Sales
Price Total Price
1.00 Demolition Removal and haul away of existing play equipment. Existing EWF will be pulled back and reinstalled. $14,467.00 $14,467.00
1.00 PlayBooster,
5-12
Landscape Structures PlayBooster, ages 5-12. Design #1174773-01-01 Includes Spyroslide, Pinnacle, Chimney Climber, Loop seat, Vert Ladder, Cliff Climber, Balcony Deck, Peak Roof.
$66,900.00 $66,900.00
1.00 Install - Play
Equipment
Installation of Landscape Structures PlayBooster design #1174773-01-01 by a manufacturer certified installer. Quote does not include removal of existing Youth playstructure or surfacing.
*Project DIR # needed for State Prevailing Wage projects. *Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred.
*Installation quoted includes standard manufacturer provided footing details. If different footing details are provided by the owner/specifier, a change order will be required. *Installation quoted includes installing footings through native soil or 95% compacted base rock. If installing through concrete, asphalt or through less compacted or permeable base or drain rock, or in other conditions, please provide additional details and a change order may be required.
$20,274.00 $20,274.00
1.00 NPP Ross
Discount Please Provide Customer NPP # -$3,345.00 -$3,345.00
1.00 Bond Payment & Performance Bonds $3,375.00 $3,375.00
EXHIBIT A
Alex Hailey [email protected]
Ross Recreation Representative
00041337 $115,883.84
Thank you for the opportunity to quote your
upcoming project. PLEASE NOTE: Quote does
not include engineering calculations, security,
storage, permits, inspection or safety surfacing,
unless otherwise noted. Unless noted, freight
costs are based on semi-truck access and do not
include a lift-gate.
Deposits may be required before an order can
be placed depending on customer credit terms.
Your purchase is subject to the terms and
conditions of this quote. Approval of this quote
agrees to those terms.
If ordering materials after the quoted expiration
date, please contact your sales representative
for current pricing. Due to material cost
increases and a fluid pricing environment, Ross
Recreation cannot hold pricing past the stated
Expiration Date on this quote. To secure current
pricing, Ross Recreation will require the
following:
- PO, signed quote or contract with approval for
the order.
- Deposit if required by credit terms.
- Color selections and/or approved submittals.
- Acceptance of delivery when materials or
equipment is ready to ship. Products cannot be
held nor stored.
Sales tax will be based on the current rate at the
time of shipping, not the order date. Customer
will be expected to cover these, or any changes,
to sales taxes.
Ross Recreation will provide labor using a
subcontractor for all installation and labor
quoted. Neither Ross Recreation, nor our
subcontractors, are signatory to any unions;
however, compliance with prevailing wage rate
requirements will occur. If union enrollment is
required by our subcontractor for completion of
this project, Ross Recreation will require a
Change Order to cover the costs of a per project
enrollment and additional wage/benefit
requirements.
Signature _________________________________ Note to Customer Name ____________________________________
Title _____________________________________
Date _____________________________________
SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY ROSS RECREATION EQUIPMENT, INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL.
Notes to Customer
New Section
• Competitively bid, no
additional RFP necessary
• Saves time and money in
your procurement process
• Live contract support
Contract Details
• Log into nppgov.com
• Forms, legal documentation, price lists and other
information can be found on the vendor page
• Sign the Intergovernmental Agreement (IGA) and keep for your records • Provide your NPPGov member number on the purchase order Products on Contract
nppgov.com
[email protected]
877.329.8847 877.329.8847
[email protected]
nppgov.com
Pricing Details
Members receive discounted pricing on these products.
For pricing and product details, log in to nppgov.com.
• Site Amenities - benches, picnic
tables, trash and recycling
receptacles and other site amenities.
• Safety Surfacing - Rubberized
poured-in-place, artificial turf, rubber
tile surfacing and engineered wood.
• Athletic equipment, sports goals,
drinking fountains and other
park/recreational amenities.
• School Age Playgrounds
and components
• Aquatic Playgrounds
and splashpads
• Shelters and Shade Structures
- metal roof shade structures and
shelters, fabric shade structures and
integrated shade with playground
equipment.
• Outdoor Fitness equipment
• Installation and Construction services
Company Information
A family-owned business since 1973, Ross Recreation is a leader in providing premier commercial park and recreation equipment and construction services for communities in Northern California, Oregon and Nevada. Our products offer the highest level of craftsmanship, innovation, safety, accessibility and sustainable design. From research to ribbon-cutting, we guide our customers through every step of a project, helping to create unique and inspiring community spaces that will last for decades.
Lead Public Agency: League of Oregon Cities
RFP #2060
CONTRACT TERM
Contract Number: PS21070
Effective Date: 03/22/21
Initial expiration: 03/22/24
Possible extensions through: 03/22/27
NPPGov
NPPGov is a national cooperative
procurement organization based
in Seattle, WA offering publicly solicited
contracts to government entities
nationwide. Our contracts are created
through a public solicitation by a Lead
Public Agency. Access to our
cooperative contracts is free and there
are no purchasing obligations.
Benefits of cooperative contracts:
Ross Recreation
Equipment
Company, Inc.
ATTACHMENT 2
PREPARED BY: SEAN MULLIN, AICP
Senior Planner
__________________________________________________________________________________________ Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023
ITEM NO: 6
DATE: August 10, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Approve a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8. Located at 380 Blackwell Drive. APN 424-12-027.
Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
RECOMMENDATION:
Adopt a Resolution granting an appeal of a Planning Commission decision to approve a fence height exception request for construction of an automated vehicular gate exceeding the maximum height and with reduced setbacks on property Zoned R-1:8, located at 380 Blackwell Drive.
REMARKS:
On August 1, 2023, the Town Council considered the appeal of the Planning Commission decision and received testimony from the appellant/property owner, which included additional information not available to the Planning Commission. The Council found that a special security concern and special circumstances exist and that the Planning Commission decision was lacking important information. The Council continued the matter to the August 15, 2023, meeting with direction to staff to prepare a Resolution granting the appeal of the Planning Commission decision. This Resolution is included as Attachment 8.
PAGE 2 OF 2
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: August 10, 2023
ATTACHMENTS:
Attachments previously received with the August 1, 2023 Staff Report:
1. June 14, 2023, Planning Commission Staff Report, with Exhibits 1 through 10
2. June 14, 2023, Planning Commission Desk Item, with Exhibit 11
3. June 14, 2023, Planning Commission Action Letter
4. June 14, 2023, Planning Commission Verbatim Minutes
5. Appeal of the Planning Commission decision, received June 21, 2023
6. Annotated Driveway Exhibit Prepared by Staff
7. Draft Resolution to Deny the Appeal and Uphold the Planning Commission Decision Attachment received with this Staff Report:
8. Draft Resolution to Grant the Appeal of the Planning Commission Decision
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE A
FENCE HEIGHT EXCEPTION REQUEST FOR CONSTRUCTION OF AN AUTOMATED
VEHICULAR GATE EXCEEDING THE MAXIMUM HEIGHT AND
WITH REDUCED SETBACKS ON PROPERTY ZONED R-1:8.
APN 424-12-027
FENCE HEIGHT EXCEPTION APPLICATION: FHE-23-002
PROPERTY LOCATION: 380 BLACKWELL DRIVE
PROPERTY OWNERS: LARRY CESNIK AND MARTHA JOHNSON
APPELLANT: LARRY CESNIK
APPLICANT: RAMIN ZOHOOR
WHEREAS, on September 13, 2022, the Town issued an administrative warning for a code violation at 380 Blackwell Drive for the unpermitted construction of a vehicular gate that exceeds the three-foot height limitation for a gate located in the required front yard and the traffic view area; and does not meet the required 18-foot setback from the edge of the street. The Town requested that the property owner apply for a Building Permit and indicated that the Town Code offers an exception process that allows for deviations from the Town’s fence regulations if appropriate findings can be made; and
WHEREAS, on February 6, 2023, the property owner applied for an exception to the Town’s fence regulations for the unpermitted construction of a vehicular gate on the subject property that does not comply with the Town Code fence regulations for height and setbacks; and
WHEREAS, on March 6, 2023, the Town denied the exception request because the findings listed in Town Code Section 29.40.0320 could not be made; and WHEREAS, on March 8, 2023, the decision of the Community Development Director to deny the exception request was appealed to the Planning Commission; and WHEREAS, on June 14, 2023, the Planning Commission held a duly-noticed public hearing and considered an appeal of the Community Development Director denial of an exception to the ATTACHMENT 8
Draft Resolution to
be modified by Town
Council deliberations
and direction.
Town’s fence regulations for unpermitted construction of a vehicular gate that exceeds the threefoot height limitation for a gate located in the required front yard and the traffic view area; and does not meet the required 18-foot setback from the edge of the street; and WHEREAS, on June 14, 2023, the Planning Commission granted the appeal, approving an exception to the Town’s fence regulations with additional conditions requiring that the vehicular gate be relocated to comply with the 18-foot setback required by the Town Code and that any additional fencing needed between the relocated vehicular gate and the existing property line fencing be no taller than the height of the existing adjacent fencing; and WHEREAS, on June 21, 2023, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the exception the Town’s fence regulations with additional conditions; and
WHEREAS, this matter came before the Town Council for public hearing on August 1, 2023, and was regularly noticed in conformance with State and Town law; and WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on August 1, 2023, along with any and all subsequent reports and materials prepared concerning this application, and
WHEREAS, the Town Council finds as follows:
A. The Town Council finds that the project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures.
B. The Town Council finds the following, in accordance with Town Code section
29.40.0320 (b):
1. A special security concern exists that cannot be practically addressed through alternatives.
2. A special circumstance exists where strict enforcement of these regulations would result in undue hardship.
C. The Town Council finds the following, in accordance with Town Code section
29.20.275:
1. The Planning Commission decision was lacking important information. The appellant demonstrated that vehicles would not encroach upon the roadway or sidewalk when entering or exiting the driveway through the vehicular gate.
Additionally, the appellant demonstrated that relocating the vehicular gate to meet the required setback from the roadway would make it difficult to park vehicles between the residence and the vehicular gate.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission decision to approve an exception the Town’s fence regulations with additional conditions is granted. The conditions added in the Planning Commission’s decision requiring that the vehicular gate be relocated to comply with the 18-foot setback required by the Town Code and that any additional fencing needed between the relocated vehicular gate and the existing property line fencing be no taller than the height of the existing adjacent fencing are removed.
2. The Town Council hereby approves the fence height exception with conditions of approval set forth in Exhibit A and the development plans in Exhibit B.
3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ___ day of ________, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
EXHIBIT A
TOWN COUNCIL – August 15, 2023
CONDITIONS OF APPROVAL
308 Blackwell Drive
Fence Height Exception FHE-23-002
Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.
Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER:
Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below.
2. EXPIRATION: The Fence Height Exception approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. BUILDING PERMIT: The proposed vehicular gate requires a Building Permit.
4. VEHICULAR GATE: The vehicular gate must open inward, towards the residence or slide parallel to the street.
5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable
laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
Building Division
6. PEDESTRIAN GATE REQUIRED: Identify the location of the required pedestrian gate.
7. PEDESTRIAN GATE: For pedestrian access in the vicinity of an automated gate, a separate pedestrian gate shall be provided. The pedestrian gate shall be installed in a location such that a pedestrian shall not come in contact with a moving vehicular access gate. A pedestrian gate shall not be incorporated into an automated vehicular gate panel.
S:\COUNCIL REPORTS\2023\08-15-23\380 Blackwell Drive\Attachment 8, Exhibit A - Conditions of Approval.docx
A-00.01
COVER SHEET
REVISION TABLE:
DRAWN BY :
BLACKWELL DR.,
RESIDENCE
380 BLACKWELL DR.,
LOS GATOS, CA 95032
HB
OWNERSHIP:
BLACKWELL DR., RESIDENCE
LOS GATOS, CA
SCALE :
PROJECT ID :
DATE :
SHEET NUMBER:
NOV 2022
RZ
DONE RIGHT HOME REMODEL
ADDITION and REMODELING FOR:
ABV. Above
A/C Air Conditioner
A.D. Access Door
ADD. Addition
A.F.F. Above Finished Floor
A.F.G. Above Finished Grade
B.L. Building Line
BLDG. Building
B.O. Bottom of
BTM. Bottom
CABT. Cabinet
C.D. Construction document
C.L. Center Line
CL. Closet
CLG. Ceiling
C.O. Clean Out
CONC. Concrete
D.S. Down spout
D/W Dishwasher
DBL. Double
DEMO. Demolition
DIA. Diameter
DR. Door
ELEV. Elevation
EXIST. Existing
EXT. Exterior
ABBREVIATIONS:
SHEET TITLE:
ALL WORK DESCRIBED IN THE DRAWINGS SHALL BE VERIFIED FOR DIMENSION, GRADE, EXTENT AND COMPATIBILITY TO THE EXISTING SITE. ANY
DISCREPANCIES AND UNEXPECTED CONDITIONS THAT AFFECT OR CHANGE
THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS SHALL BE BROUGHT TO THE DESIGNER ATTENTION IMMEDIATELY. DO NOT PROCEED WITH THE
WORK IN THE AREA OF DISCREPANCIES UNTIL ALL SUCH DISCREPANCIES ARE RESOLVED. IF THE CONTRACTOR CHOOSES TO DO SO HE SHALL BE PRECEDING AT HIS OWN RISK.
OMISSIONS FROM THE DRAWINGS AND SPECIFICATIONS OR THE MISDESCRIPTION OF THE WORK WHICH IS MANIFESTLY NECESSARY TO CARRY
OUT THE INTENT OF THE DRAWINGS AND SPECIFICATIONS, OR WHICH IS
CUSTOMARILY REFORMED, SHALL NOT RELIEVE THE CONTRACTOR FROM
PERFORMING SUCH OMITTED OR MIS-DESCRIBED DETAILS OF THE WORK AS IF
FULLY AND COMPLETELY SET FORTH AND DESCRIBED IN THE DRAWINGS AND SPECIFICATIONS.
SITE CONDITIONS: ALL CONTRACTORS AND SUB-CONTRACTORS SHALL VERIFY
DIMENSIONS AND CONDITIONS AT THE SITE PRIOR TO COMMENCEMENT OF THEIR WORK. FAILURE TO DO SO SHALL NOT RELEASE THEM FROM THE RESPONSIBILITY OF ESTIMATING THE WORK. IF ANY VARIATION, DISCREPANCY
OR OMISSION (BETWEEN THE INTENT OF THESE CONTRACT DOCUMENTS AND THE EXISTING CONDITIONS ARE FOUND, THE CONTRACTOR OR SUBCONTRACTOR SHALL NOTIFY DESIGNER IN WRITING AND OBTAIN WRITTEN
RESOLUTION FROM DESIGNER PRIOR TO PROCEEDING WITH ANY RELATED WORK.
A-00.01: COVER SHEET
BMP SHEET
A-01: ARCH. SITE PLAN
VICINITY MAP:
424-12-027
GARAGE CONVERSION
380 BLACKWELL DR.,
LOS GATOS, CA
R-1.8
R - 3
V - B
MAIN HOUSE: 1 / ADU : 1
NON SPRINKLERED
MAIN HOUSE: 3 / ADU: 1 (STUDIO)
MAIN HOUSE: 2 / ADU: 1
CALIFORNIA RESIDENTIAL
CALIFORNIA BUILDING
CALIFORNIA GREEN BUILDING
CALIFORNIA MECHANICAL
CALIFORNIA PLUMBING
CALIFORNIA ELECTRICAL
CALIFORNIA ENERGY:
CALIFORNIA FIRE:
ANY OTHER APPLICABLE LOCAL AND STATE LAWS
AND REGULATIONS.
A.
B.
C.
D.
E.
F.
G.
H.
ASSESSOR'S PARCEL NUMBER:
PROJECT TYPE:
PROJECT LOCATION:
ZONING:
OCCUPANCY GROUP:
CONSTRUCTION TYPE:
NUMBER OF FLOORS:
FIRE PROTECTION:
BEDROOM NUMBER:
BATHROOM NUMBER:
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
EXISTING CONDITION: (NO WORK)
"E" LIVING SPACE: 1350 SQF (MAIN HOUSE)
"E" ATTACHED ADU: 418 SQF (ATTACHED)
LOT AREA: 7895 SQF PROPERTY LOCATION / NTS
AREA CALCULATION:
PROJECT DATA:
DRAWING INDEX:
CODE EDITIONS:
FDN. Foundation
FLR. Floor
FURN. Furnace
G.C. General Contractor
G.F.C.I. Ground Fault Circuit Interrupt
GYP. Gypsum
H.B. Hose bib
HGT. Height
HR. Hour
H.R. Handrail
HTR. Heater
H.V.A.C. Heating, Venting and Air Conditioning
INSUL. Insulation
INT. Interior
LAM. Laminate
LAV. Lavatory
MAX. Maximum
MED. Medium
MIN. Minimum
MTL. Metal (steel)
MUL. Mullion
N.T.S. Not to scale
N.F.C. Not for construction
O.C. On center
O.H. Overhead
OPNG. Opening
GENERAL NOTES:
PLT. Plate
P.L. Property line
PLYWD. Plywood
PWR. Power
R.O. Rough Opening
R.O.W. Right of way
REFG. Refrigerator
REF. Reference
REV. Revision
RMV. Remove
S.C. Self-Closing
SCHED. Schedule
S.D. Smoke detector
SECT. Section
SHT. Sheet
T.O.C. Top of curb
T.O.F. Top of footing
TH. Threshold
TYP. Typical
UNF. Unfinished
W.C. Toilet (water closet)
WCT. Wainscot
W.H. Water Heater
W.I. Wrought Iron
W.I.C. Walk In Closet
YD. Yard
PROJECT CONTACT:
SCOPE OF WORK:
- LEGALIZING INSTALLATION OF UN-PERMITTED AUTOMATED SAFETY GATE AT THE FRONT OF THE PROPERTY.
- GATE AT HEIGHT OF 51 INCHES IN FRONT OF PROPERTY TO BE INSTALLED.
OWNER: CESNIK LARRY W AND JOHNSON MARTHA C
380BLACKWELL DR.,
LOS GATOS, CA 95032
TELL : ---
EMAIL: ---
DESIGNER: RAMIN ZOHOOR
DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #206
SANTA CLARA, CA 95050
TEL: 408.497.5071
EMAIL: [email protected]
LIC. 1002689
BUILDER: DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #203
SANTA CLARA, CA 95050
TEL: 800-816-0000
LIC. 1002689
EMAIL: [email protected]
BUILDER NOTES
1) TO BE VERIFIED A BACKWATER VALVE IS INSTALLED DUE TO PLUMBING WORK. TOWN CODE SECTION 6.40.020 REQUIRED AN APPROVED BACKWATER VALVE ON DRAINAGE PIPING SERVIN FIXTURES THAT HAVE FLOOD LEVEL RIMS LESS THAN 12-INCHES ABOVE THE ELEVATION OF THE NEXT UPSTREAM MANHOLE. CPC 710.0
2) BUILDER MUST PROVIDE THE HOMEOWNER WITH A LUMINARIES SCHEDULE (AS REQUIRED IN TITLE 24 CALIFORNIA CODE OF REGULATIONS, PART 1, 10-103(b)) THAT INCLUDES A LIST OF LAMPS INSTALLED IN THE LUMINARIES.
EXHIBIT B
EXISTING SITE PLAN (AREA OF WORK)
SC : 1/8" = 1'-0"
1 1/8 INCH = 1 FEET
0 2 4 6 8 10 20 30
GRAPHIC SCALE :
17' 21' 29'-10"
13'-1"
43'-1"
15'-7" 28'-5"
SITE PLAN
1/8" = 1'
A-01
REVISION TABLE:
DRAWN BY :
BLACKWELL DR.,
RESIDENCE
380 BLACKWELL DR.,
LOS GATOS, CA 95032
HB
OWNERSHIP:
SCALE :
PROJECT ID :
DATE :
SHEET NUMBER:
NOV 2022
RZ
DONE RIGHT HOME REMODEL
ADDITION and REMODELING FOR:
SHEET TITLE:
1. CONTACT PUBLIC WORKS, FOR DRAINAGE AND FINAL GRADE INSPECTION, WHICH INCLUDES DRAIN LINES AND ROOF DRAINS/DOWN SPOUTS.
2. ALL PUBLIC IMPROVEMENTS MUST BE COMPLETED PRIOR TO OCCUPANCY.
3. CONTRACTOR IS RESPONSIBLE FOR DUST CONTROL AND INSURING THE AREA ADJACENT TO THE WORK IS LEFT IN A CLEAN CONDITION.
4. THE CONTRACTOR SHALL REVIEW STD. DETAIL 6-4 ON TREE PROTECTION PRIOR TO ACCOMPLISHING ANY WORK OR REMOVING ANY TREES.
5. UTILIZE BEST MANAGEMENT PRACTICES (BMP'S), AS REQUIRED BY THE STATE
WATER RESOURCES CONTROL BOARD, FOR ANY ACTIVITY, WHICH DISTURBS SOIL.
6. ALL NEW ELECTRICAL SERVICE (POWER, PHONE, AND OR CABLE) SHALL BE UNDER GROUND.
7. TO INITIATE RELEASE OF BONDS, CONTACT THE PUBLIC WORKS INSPECTOR FOR FINAL INSPECTION.
8. ALL DOWNSPOUTS TO BE RELEASED TO THE GROUND SURFACE, DIRECTED AWAY FROM BUILDING FOUNDATIONS AND DIRECTED TO LANDSCAPE AREAS.
9. PRIOR TO BEGINNING ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, THE
CONTRACTOR WILL BE RESPONSIBLE FOR PULLING AN ENCROACHMENT PERMIT FROM THE PUBLIC WORKS DEPARTMENT.
10. PROVIDE MIN. 5% GRADE SLOPE AWAY FROM FOUNDATION FOR A MIN.
DISTANCE OF 10 FEET MEASURE PERPENDICULAR TO THE FACE OF THE WALL.
WITH EXCEPTION:
a. IF BUILDING SITE DOES NOT ALLOW 10 FEET OF SLOPE, INDICATE THE
INSTALLATION OF DRAINS OR SWALES TO ENSURE DRAINAGE AWAY FROM THE STRUCTURE.
b. IMPERVIOUS SURFACES WITHIN 10 FEET OF THE BUILDING FOUNDATION SHALL BE SLOPED A MIN 2% AWAY FROM THE BUILDING.
11. (E) DRAINAGE SHALL REMAIN THROUGHOUT CONSTRUCTION.
GRADING and DEMO NOTES:
1. A PLOT PLAN SHALL BE PREPARED DESCRIBING THE RELATIONSHIP OF
PROPOSED GRADING AND UTILITY TRENCHING TO THE TREES DESIGNATED FOR PRESERVATION. CONSTRUCTION AND GRADING SHOULD NOT SIGNIFICANTLY RAISE OR LOWER THE GROUND LEVEL BENEATH TREE DRIP LINES. IF THE
GROUND LEVEL IS PROPOSED FOR MODIFICATION BENEATH THE DRIP LINE, THE
ARCHITECT/ARBORIST SHALL ADDRESS AND MITIGATE THE IMPACT TO THE TREE(S).
2. ALL TREES TO BE PRESERVED ON THE PROPERTY AND ALL TREES ADJACENT
TO THE PROPERTY SHALL BE PROTECTED AGAINST DAMAGE DURING
CONSTRUCTION OPERATIONS BY CONSTRUCTING A FOUR-FOOT-HIGH FENCE AROUND THE DRIP LINE, AND ARMOR AS NEEDED. THE EXTENT OF FENCING AND ARMORING SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT. THE
TREE PROTECTION SHALL BE PLACED BEFORE ANY EXCAVATION OR GRADING
IS BEGUN AND SHALL BE MAINTAINED IN REPAIR FOR THE DURATION OF THE CONSTRUCTION WORK.
3. NO CONSTRUCTION OPERATIONS SHALL BE CARRIED ON WITHIN THE DRIP
LINE AREA OF ANY TREE DESIGNATED TO BE SAVED EXCEPT AS IS AUTHORIZED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT.
4. IF THE TRENCHING IS REQUIRED TO PENETRATE THE PROTECTION BARRIER
FOR THE TREE, THE SECTION OF TRENCH IN THE DRIP LINE SHALL BE HAND DUG SO AS TO PRECLUDE THE CUTTING OF ROOTS. PRIOR TO INITIATING ANY
TRENCHING WITHIN THE BARRIER APPROVAL BY STAFF WITH CONSULTATION OF AN ARBORIST SHALL BE COMPLETED.
5. TREES WHICH REQUIRE ANY DEGREE OF FILL AROUND THE NATURAL GRADE
SHALL BE GUARDED BY RECOGNIZED STANDARDS OF TREE PROTECTION AND DESIGN OF TREE WELLS.
6. THE AREA UNDER THE DRIP LINE OF THE TREE SHALL BE KEPT CLEAN. NO
CONSTRUCTION MATERIALS NOR CHEMICAL SOLVENTS SHALL BE STORED OR DUMPED UNDER A TREE.
7. FIRES FOR ANY REASON SHALL NOT BE MADE WITHIN FIFTY FEET OF ANY
TREE SELECTED TO REMAIN AND SHALL BE LIMITED IN SIZE AND KEPT UNDER CONSTANT SURVEILLANCE.
8. THE GENERAL CONTRACTOR SHALL USE A TREE SERVICE LICENSEE, AS
DEFINED BY CALIFORNIA BUSINESS AND PROFESSIONAL CODE, TO PRUNE AND
CUT OFF THE BRANCHES THAT MUST BE REMOVED DURING THE LANDSCAPE ARCHITECT/ARBORIST WITH APPROVAL OF STAFF.
9. ANY DAMAGE TO EXISTING TREE CROWNS OR ROOT SYSTEMS SHALL BE REPAIRED IMMEDIATELY BY AN APPROVED TREE SURGEON.
10. NO STORAGE OF CONSTRUCTION MATERIALS OR PARKING SHALL BE
PERMITTED WITHIN THE DRIP LINE AREA OF ANY TREE DESIGNATED TO BE SAVED.
11. TREE PROTECTION REGULATIONS SHALL BE POSTED ON PROTECTIVE FENCING AROUND TREES TO BE PROTECTED.
TREE PROTECTION NOTES:
PROPERTY LINE
BLDG FOOT PRINT
LEGEND:
80.09 FEET
100 FEET
60.02 FEET
80.02 FEET
(E) FIRE HYDRANT
NO WORK AROUND THIS
(E) STREET TREE
NO WORK
(E) SITE TREE
NO WORK
(E) SITE TREE
NO WORK (E) 3/4" WATER LINE NO WORK
MAIN HOUSE FOOTPRINT
NO CHANGE (E) DRIVEWAY NO CHANGE EXISTING MAIN HOUSE AT 200 AMP - NO WORK
EXISTING MAIN HOUSE
GAS METER LOCATION
NO WORK
EXISTING REAR SHED
LESS THAT 120 SQ.FT
NO WORK TO BE DONE
NORTH
(E) SITE TREE
NO WORK
(E) SITE TREE
NO WORK
EXISTING 6 FT WOOD FENCE EXISTING 4 FT MASONARY & WOOD
FENCE - NO WORK
PROPOSED ROLL METAL GATE
FOR SAFETY 20'-4 1/4"
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager and Assistant Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023
ITEM NO: 7
DATE: August 9, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’." RECOMMENDATION:
Adopt an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’."
BACKGROUND:
At its regular meeting of August 1, 2023, the Town Council held a public hearing to consider the introduction of an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’." The Town Council voted 5-0 to approve the introduction of this ordinance. The ordinance becomes effective 30 days after the adoption date.
CONCLUSION:
Staff recommends Town Council adopt the Ordinance titled, “Ordinance Amending Section
18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’."
PAGE 2 OF 2
SUBJECT: Amendment to Social Host Ordinance
DATE: August 9, 2023
COORDINATION:
This report was prepared by the Town Attorney in collaboration with the Police Department and Town Manager.
FISCAL IMPACT:
The adoption of the ordinance has no fiscal impact.
ENVIRONMENTAL ASSESSMENT:
The proposed ordinance is not a project subject to CEQA, because it can be seen with certainty that it will not have a significant impact on the physical environment.
Attachments:
1. Draft Social Host Ordinance
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Draft Ordinance Date Adopted
ATTACHMENT 1
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING SECTION 18.30.040, “PENALTIES FOR VIOLATIONS,“ OF DIVISION 1, ARTICLE III, OF CHAPTER 18 OF THE TOWN CODE, “SOCIAL HOST ORDINANCE” WHEREAS, the Town’s social host ordinance is codified at Town Code Sections 18.30.040 and following;
WHEREAS, Town Code Section 18.30.040 currently addresses penalties for violations for the social host ordinance;
WHEREAS, Section 18.30.040 (c) provides that the enforcement officer shall give notice of a violation of this chapter by issuing a citation to any and all responsible persons identified by the chapter within ten (10) days of the violation;
WHEREAS, staff has observed that ten days is insufficient time for the case report to be completed and forwarded to the Town Attorney for review and forwarding to the Town’s Code Compliance Officer;
WHEREAS, there is no state or local requirement that an administrative citation be issued within ten days of a Town Code violation; and
WHEREAS, staff is proposing an ordinance to amend the Town’s social host ordinance to remove the ten-day time limit;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Section 18.30.040, “Penalties for Violation” of Division 1, “Social Host Ordinance,” of Chapter 18, of the Town Code is amended to read as follows:
Sec. 18.30.040. Penalties for violations.
(a) The enforcement officer, at their discretion, may immediately issue a citation for violation of this Chapter upon evidence of the violation. There is no requirement of a first warning in order for the enforcement officer to issue this citation. (b) Administrative Fine: A first violation of this chapter shall result in a citation with a one thousand five hundred dollar ($1,500.00) fine. A second violation and subsequent violations shall result in a citation with a three thousand dollar ($3,000.00) fine.
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Draft Ordinance Date Adopted
ATTACHMENT 1
(c) The enforcement officer shall give notice of a violation of this chapter by issuing a citation to any and all responsible persons identified by the chapter. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing.
(d) The administrative fine prescribed in this section is in addition to any cost recovery fee for public safety responses that may be assessed pursuant to section 18.30.040.
SECTION II. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses, or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION III. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION IV. Publication.
The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION V. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the _________,2023, and adopted by the following vote as an ordinance of the
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Draft Ordinance Date Adopted
ATTACHMENT 1
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the _________, 2023. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023
ITEM NO: 8
DATE: August 4, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute the First Amendment to the Consulting Services Agreement with Nichols Consulting Engineers for Additional Engineering Services in an Amount of $42,500, Resulting in a Total Agreement Amount Not to Exceed $486,900, and an Extension of Time for the Shannon Road Repair Project (CIP No. 811-0008)
RECOMMENDATION:
Authorize the Town Manager to execute the first amendment (Attachment 1) to the consulting services agreement with Nichols Consulting Engineers for additional engineering services in an amount of $42,500, resulting in a total agreement amount not to exceed $486,900, and an extension of time for the Shannon Road Repair Project (CIP No. 811-0008).
BACKGROUND:
On May 31, 2021 the Town entered into an agreement with Nichols Consulting Engineers to design a repair of Shannon Road between Diduca Way and Santa Rosa Drive. The scope of work authorized in that agreement included development of topographic survey and right of way mapping, geotechnical analysis, design of stabilization structures, pavement design, and development of design plans through construction bidding. The scope also includes engineering support through the construction phase of the project.
The project design is nearing completion and bidding for construction is anticipated in early fall 2023. The construction schedule will depend on the weather, with work expected to be complete by summer 2024, or sooner if possible.
PAGE 2 OF 3
SUBJECT: First Amendment with Nichols Consulting Engineers for Shannon Road Repair (CIP No. 811-0008)
DATE: August 4, 2023
DISCUSSION:
The design work has progressed and staff reviewed 65 percent complete plans in early 2023.
During design review three specific changes have occurred that necessitate the proposed amendment:
1) Staff requested additional analysis of bike pullout locations resulting in redesign of this feature.
2) Initial design had assumed that Shannon Road would remain open for the duration of construction. An alternating one-way traffic pattern would be set up with temporary signals. This would limit the contractors work area, extending the time of construction and increasing the costs. As such, staff requested evaluation of full closure of this portion of Shannon Road with a detour routing traffic around the work area. 3) Coordination with PG&E and the adjacent property owner necessitate changes to previously completed design of guardrail and storm drainage features.
The cost of each of these changes and the scope of work are in documented in the contract amendment.
The current contract is set to expire on December 31, 2023. This First Amendment would extend the contract to December 31, 2024. This will allow the consultants to provide support through construction and project closeout.
CONCLUSION:
The proposed First Amendment to the Agreement for Consulting Services with Nichols Consulting Engineers provides for an increase in project cost and an extension of time to allow for completion of the project.
COORDINATION:
This memorandum has been coordinated with the Finance Department.
FISCAL IMPACT:
Staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the costs of projects, recovery of costs from grant funded projects, and identification of future staffing needs. This project utilizes a combination of full-time budgeted staff and temporary staff that support fluctuating workloads. The costs for temporary staff will be directly associated with this project while full-time staff are accounted for in the Department’s operating budget.
PAGE 3 OF 3
SUBJECT: First Amendment with Nichols Consulting Engineers for Shannon Road Repair (CIP No. 811-0008)
DATE: August 4, 2023
FISCAL IMPACT (continued):
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301). A Notice of Exemption will be filed.
Attachments:
1. First Amendment to NCE Agreement with Exhibits
2. Original Agreement
Budget
GFAR $ 4,879,064
Total Budget $ 4,879,064
Costs
Prior Consultant Services $ 507,473
Consultant Services Agreement with Nichols Consulting
Engineers (Approved with this Staff Report) $ 486,900
Misc. Project Costs $ 187
Total Costs $ 994,560
Available Balance $ 3,884,504
Shannon Road Repair
CIP No. 811-0008
First Amendment to Agreement for Consulting Services Shannon Road Repair (CIP No. 811-0008)
FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 15th day of August 2023 and amends that certain Agreement for Consultant Services dated May 3, 2021, made by and between the Town of Los Gatos, ("Town,") and Nichols Consulting Engineers, Chtd (“Consultant”), identified as a C Corporation and whose address is 1003 W Cutting Boulevard, Suite 110, Pt Richmond California 94804.
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to add to the scope of services, extend the term, and increase the compensation.
AMENDMENT
1. Section 2.1 Scope of Services is amended to read as follows:
Consultant shall provide the additional services as described in that certain proposal sent to the Town on July 3, 2023, incorporated herein as Exhibit B.
2. Section 2.2 Term and Time of Performance is amended to read as follows:
This contract shall remain in effect until December 31, 2024
3. Section 2.6 Compensation is amended to read as follows:
Increase the compensation amount by $42,500 for a total value of $486,900 set forth in Exhibit B.
3. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
First Amendment to Agreement for Consulting Services Shannon Road Repair (CIP No. 811-0008) IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager J. Ryan Shafer, PE, GE Principal, NCE Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
Agreement for Consultant Services
Nichols Consulting Engineers Page 1 of 10
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on May 3, 2021 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) Nichols Consulting Engineers, (“Consultant”), whose address is 501 Canal Blvd., Suite I, Richmond, CA 94804. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town desires to engage Consultant to provide services to provide design and construction support services for Shannon Road Repair Project (CIP No. 811-0008).
1.2 Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal sent to Town on April 26, 2021, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from date of execution to December 31, 2023.
2.3 Compliance with Laws. Consultant shall comply apply the reasonable standard of care with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
EXHIBIT A
Agreement for Consultant Services
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pursuant to this Agreement are confidential until released by the Town to the public, and Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed $444,400, inclusive of all costs as described in Exhibit A. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and 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 DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
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employee(s). With prior written consent, 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 Litigation Support. Consultant shall receive compensation for preparing for and/ or appearing in any litigation at the request of the Town, except: (1) if such litigation costs are incurred by the Consultant in defending its work or services or those of any of its subconsultants or (2) as may be required by the indemnification requirements of the Consultant. Compensation for litigation services requested by the Town shall be paid at a mutually agreed upon rate and/ or at a reasonable rate for such services.
2.12 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. 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 of this 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.
2.13 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.
DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
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III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. 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 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. 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 in respect to 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.
DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
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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.
3.4 Mutual Indemnification. Consultant shall indemnify and hold harmless the Town, its officers, agents, and employees from any and all claims, suits, losses, pure economic damages, costs (including reasonable attorney’s fees) and demands, administrative fees, penalties and fines imposed, and demands, including reasonable attorney’s fees connected therewith, on account of personal injury, including death, or property damage, sustained by any person or entity not a part to this Agreement between the Consultant and the Town to the extent such injury, death or damage is caused by the negligence or willful misconduct of the Consultant or their respective employees, officers and agents.
Consultant agrees to the full extent permitted by law, to indemnify, defend, and hold harmless the Town, its officers, directors, and employees from and against any and all claims, demands, losses, penalties, fines and causes of action of every kind and character (including reasonable attorney fees) arising from or relating to Pre-existing Conditions.
3.5 Mutual Indemnification. Town shall indemnify and hold harmless the Consultant, its officers, agents, and employees from any and all claims, suits, losses, pure economic damages, costs (including reasonable attorney’s fees) and demands, administrative fees, penalties and fines imposed, and demands, including reasonable attorney’s fees connected therewith, on account of personal injury, including death, or property damage, sustained by any person or entity not a part to this Agreement between the Consultant and the Town to the extent such injury, death or damage is caused by the negligence or willful misconduct of the Town or its Consultant or their respective employees, officers and agents.
Town agrees to the full extent permitted by law, to indemnify, defend, and hold harmless the Consultant, its officers, directors, shareholders, employees, affiliates, and subsidiaries and their successors from and against any and all claims, demands, losses, penalties, fines DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
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and causes of action of every kind and character (including reasonable attorney fees) arising from or relating to Pre-existing Conditions.
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 of the 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 of the County of Santa Clara.
4.3 Termination of Agreement. Town and 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, 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 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request.
The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
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4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuantto applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per workerfor any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the Town, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the Town, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress,retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
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4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the Town for any fines assessed by the California Department of Industrial Relations against the Town for such violation, including all staff costs and attorney’sfee relating to such fine.
4.4.9 Town shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., Town may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 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.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 Dispute Resolution. Town and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this Agreement.
4.8 Force Majeure. Neither party to this Agreement will be liable to the other party for delays in performing the services, nor for the direct or indirect cost resulting from such delays, that may result from labor strikes, riots, war, acts of governmental authorities, health crises, extraordinary weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party.
4.9 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
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Nichols Consulting Engineers
501 Canal Blvd., Suite I
Richmond, CA 94804
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4.10 Certifications /Warranties. Consultant neither makes, nor offers, nor shall Consultant be liable to the Town for any express or implied warranties with respect to the performance DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
Agreement for Consultant Services
Nichols Consulting Engineers Page 9 of 10
of Services. Estimates of cost, approvals, recommendations, opinions, and decisions by the Consultant are made on the basis of the Consultant’s experience, qualifications, and professional judgment and are not guaranteed. Consultant shall not be regarded as a guarantor with respect to any work product provided to the Town.
4.11 Third Party Reliance Upon Reports. All Consultant work products are prepared solely for use by the Town and shall not be provided to any other person or entity without CONSULTANT’s written consent. Town shall indemnify the Consultant from and against any and all claims, liability, damages, actions or proceedings brought by any person or entity claiming to rely upon information or opinions contained in reports or other work products provided to such person or entity, published, disclosed or referred to without the Consultant’s written consent.
4.12 Ownership and Retention of Documents. Reuse or modification of any such documents by the Town, without the Consultant’s written permission, shall be at the Town’s sole risk, and Town agrees to indemnify and hold the Consultant harmless from all claims, damages, and expenses, including attorney’s fees, arising out of such reuse by the Town or by others acting through the Town.
4.13 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.
4.14 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.
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Agreement for Consultant Services
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IN WITNESS WHEREOF, Town and Consultant have executed this Agreement.
Town of Los Gatos by: Consultant, by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
J. Ryan Shafer, PE, GE
Principal
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C 5/13/2021
5/13/2021
5/13/2021
5/18/2021
5/19/2021
5/19/2021
Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
April 26, 2021
Ms. Janice Chin, Assistant Engineer
Town of Los Gatos, Parks and Public Works Department
Proposal for On‐Call Civil Engineering Services – TLG #20‐811‐0008 Shannon Road Repair Dear Ms. Chin:
INTRODUCTION
NCE is pleased to provide the Town of Los Gatos (Town) our proposal to provide civil engineering services for the Shannon Road Repair Project (Project). As we lead the completion of the Geotechnical Alternatives Report (GAR) for this project we appreciate the opportunity to continue our work with the Town towards completing construction documents for stabilizing the embankment and roadway.
Based on our previous work at the site, the Shannon Roadway embankment has been experiencing ongoing slope creep and movement resulting in pavement cracking and localized failures requiring ongoing maintenance by Santa Clara County (County) and now the Town. This is mainly the result of colluvial and fill soils that are susceptible to slope creep and movement from an over steepened roadway embankment in combination with original fill materials used to construct the roadway likely not be compacted, keyed, and benched properly to current standards.
Given the severity of recent cracking and how quickly cracking occurred after prior maintenance, completing construction of this roadway repair is critical to prevent additional roadway damage and additional repairs and maintenance the current two stabilization alternatives presented in our Report to the Town include a (i) MSE wall in combination with soldier pile and lagging wall and (ii) soldier pile and lagging wall. Each of them addresses the site’s unique geological conditions, site access, and general site constraints.
As an unplanned project receiving resources from the Town’s capital improvement program, embankment stabilization also diverts resources from projects which are already planned. Furthermore, as a central thoroughfare for motorists and bicyclists in the eastern part of the community, Shannon Road provides access to a significant portion of the Town’s residents. If the ongoing instability persists, it threatens the connection of this part of the Town with the rest of the community.
NCE has hand selected the right team to assist the Town with delivering the Shannon Road Repair Project as we have direct knowledge and experience with project site; excellent working relationship with the Town backed by the repeated ability to deliver; infrastructure, roadway, and pavement engineering design expertise; and a talented multidisciplinary team with innovative ideas for solving the challenges of this site. NCE’s strength on this project is a carefully integrated and coordinated team with inhouse skillsets including civil engineering and pavement design that we supplement with long-time trusted teaming partners like Cal Engineering & Geology (geotechnical/structural), Fehr & Peers (traffic control), and Mountain Pacific Surveys (surveying).
EXHIBIT A
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Additionally, the NCE team will be led by proposed Project Manager, Lee Taubeneck, PE, who will be responsible for day-to-day project management. Lee brings extensive experience working on road widening projects in planning, design, QA/QC, ROW, utility, RFA and programming phases. Lee will be supported by Ryan Shafer, PE, GE, Principal of NCE’s Richmond office. Ryan will serve as Client Sponsor and will provide project oversight. Ryan has a solid integrated civil and geotechnical background and is knowledgeable and experience with the Town’s infrastructure. In short, by selecting NCE, the Town will benefit from existing working knowledge of the site our ability to start and complete the design of this project quickly, ability to introduce cost saving designs (e.g., recycling roadway materials in-place and avoiding utility relocation/conflicts with wall design and planned excavation depths), and decades of diverse and considerable engineering experience delivering these types of projects.
FIRM QUALIFICATIONS
NCE is a client-focused professional consulting firm integrating the disciplines of engineering, science, and planning to address the infrastructure and resources challenges facing our communities today and in the future. NCE has grown significantly in expertise and capabilities beyond its origin as a transportation research and pavement management firm working with the Federal Highway Administration (FHWA). NCE delivered civil engineering and pavement design services for scores of California municipalities. NCE is adept in delivering comprehensive civil engineering and pavement design projects. The NCE team provides the following benefits and distinguishing features:
Familiarity with local regulations and working with the Town on capital improvement projects including the Shannon Road Embankment Stabilization.
Knowledge and demonstrated pavement rehabilitation design expertise from designing thousands of local streets and roadways throughout California, Nevada and the West Coast.
Highly qualified interdisciplinary team of professionals that have worked together on multiple projects involving conception, regulatory compliance and permitting, environmental documents, through design and construction monitoring.
Technical resources with an in-depth understanding of sustainability, safety, community needs, and environmental constraints.
Tailored approach with cost-effective strategies and practical solutions that promote cost savings, reduced construction disruptions/impacts, constructability, and that can be readily implemented.
Responsive staff with proven experience in all facets of engineering, including applicable state and federal standards.
ORGANIZATIONAL CHART
Figure 1 below illustrates the structure and team we propose for this project, the roles and responsibilities of each team member as well as the communication/reporting relationships of the key staff in relation to the Town for this project. Qualifications summaries for key personnel are provided below and their focused resumes are included in Attachment A.
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KEY PERSONNEL
Qualifications summaries for each key team member are provided below and their focused resumes are provided in Attachment A.
Mr. Ryan Shafer, PE, GE, Client Sponsor. In this role, Ryan will be responsible for communicating with the Town and champion of allocating of resources. Ryan is an experienced Principal and Project Manager that is highly skilled in managing interdisciplinary teams of engineers, scientists, and planners for complex projects requiring civil engineering, geotechnical engineering, pavement engineering, structural engineering, transportation and traffic engineering, hydrology and hydraulics, coastal engineering, regulatory permits, technical studies and resource assessments, and environmental documents. In addition, he has managed and provided civil and geotechnical engineering on a wide range of public and private projects, including vertical development, municipal roads, trails, drainage infrastructure, landfills, public transit, recreation areas and parks, industrial facilities including refineries, and waterfront structures giving him an understanding of how to work with diverse project types. His clients provide feedback that NCE is an effective partner and steward, understanding what is important to each community. He is a registered civil engineer and geotechnical engineer with more than 22 years of professional experience.
Mr. Lee Taubeneck, PE, Project Manager. The NCE team will be led by Lee, who will be responsible for day-to-day project management and will also be a point of contact for the Town. Lee is a transportation professional with extensive experience in the development of expressways, freeways, roads, transit systems, multi-use paths, trails, sidewalks, streets, and Figure 1. NCE Team Organization
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highways. He has worked with public, private, and non-profit clients throughout California at both the local, regional, and State levels. He is an expert in transportation planning and design. He is a registered civil engineer with more than 37 years of professional experience.
Mr. Franz Haidinger PE, QA/QC Manager. Franz will be responsible for quality assurance and quality control on the deliverables developed by NCE. Franz brings a wealth of experience and expertise in civil and environmental engineering. He has lead engineering efforts in projects with civil design components such as pavement design for parking lots, curb and gutter layout, storm drain design, LID features like overland flow, bioswales, and small detention basins, grading, design of water services for irrigation and domestic water supply, and design of a sewer connections for future projects. The depth of his experience also includes the preparation of Drinking Water Source Assessments, SWPPPs, contaminated soil remediation, underground storage tank removals, permitting, operation and maintenance of groundwater treatment facilities and soil vapor extraction systems, and construction quality assurance. He is a registered civil engineer with 24 years of professional experience and currently serves as NCE’s Chief Engineer.
Mr. James Signore, PhD, PE, Pavement Design Lead. James specializes in pavement design and evaluation, rehabilitation and maintenance, materials assessment, and training. He has experience in designing pavements for many local agencies, Caltrans, and for heavy vehicle loading applications for highways, airfields and ports. He has spent years researching pavement materials, having directed a state-of-the-art AMRL certified and Superpave mix design equipped research laboratory, and is well versed in state and local pavement practices and specifications.
He has taught NHI’s and ASCE’s “Techniques for Pavement Rehabilitation” (including best practices for utility cuts and patches) seminars to practicing engineers for 20 years. He has also taught graduate courses in pavement engineering at San Jose State University and many of his former students are civil engineers at local agencies. Additionally, James is a Member of the Transportation Research Board Committee AFD70, Pavement Rehabilitation, AFD70-1, Pavement Interlayer Systems and the FAA Airport Pavement Technical Working Group. He is a registered civil engineer with 25 years of professional experience and holds a PhD in Civil Engineering.
Ms. Sara Dowling, EIT, Project Engineer/Pavement Design. Sara has been involved in design projects that include new intersection roadway, high-rise building foundation, airport taxiway pavement structure, spatial data analysis, and a green wastewater treatment plant.
She was the fundraising chair for the Institute of Transportation Engineers and is currently a member of ASCE and Young Professionals in Transportation. Sara has experience in AutoCAD 3D, ArcGIS, MS Project, Technical Writing, Literature Review, EverFE, and C++.
Andrea J. Valentine, CADD Design. Andrea is a CADD drafter with nearly 40 years of experience providing layout and drawing of civil and structural plans, control lines, profiles, sections, and details based on engineers’ sketches and markups. She works with engineers to provide lot line adjustment boundaries; develops, implements, and updates CADD standards; and sets up and maintains drafting records and documentation. Her program experience includes AutoCAD, Bentley Micro-station, and Microsoft Word and Excel. In addition to obtaining her BA, Andrea and has taken various drafting, graphic arts, solar design, technical math, cartography, natural sciences, and computer training courses at various San Francisco Bay Area colleges.
NCE Administrative Staff. NCE also has a team of administrative professionals that will support the strategic engagement task by developing graphics, and content for presentations or collateral material.
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SUBCONSULTANT KEY PERSONNEL
Mr. Phillip Gregory, PE, GE, Geotechnical Engineer. Phillip is an experienced geotechnical engineer and manager who has completed more than 150 transportation and water infrastructure improvement projects for public agencies over the past 20+ years. Phil's expertise is in the analysis and design of earth embankments and slope stabilization measures including geosynthetic reinforced slopes, and embankments, CIDH pile structures, segmental block retaining soldier pile and lagging walls, soil nail retaining structures, light weight fill, and slope dewatering systems. Phillip is an experienced Caltrans-based specification writer and estimator of earth construction costs. Phillip managed the majority of the federally-funded storm damage repair projects that were completed by CE&G in 1993, 1998, and 2006. He is a registered civil engineer and geotechnical engineer with 33 years of professional experience.
Mr. Chris Hockett, PE, GE, Structures Design. Chris has expertise in managing geo-civilstructural design projects that involve the preparation of plans, specifications, and engineer’s estimates, (PS&E) for roadway stabilization projects. Chris has designed stitch piers, retaining walls founded on deep and shallow foundations, mechanically reinforced embankments, segmental retaining walls systems, and tieback retaining walls on roadways for Cities and Counties throughout the Bay Area. Some of his recent roadway stabilization experience includes the structural design of a 300 foot long stitch pier system along Foothill Boulevard in Sunol and a 200 foot long soldier pile and wood lagging retaining wall with tieback anchors along Rifle Range Road in Richmond, and the geotechnical design of over 1,000 linear feet of stitch piers, and soldier pile and lagging debris walls and retaining walls along the award winning 1.7 mile long George Miller Regional Trail between Martinez and Port Costa. He is a registered civil engineer and geotechnical engineer with 13 years of professional experience.
Mr. Ryan McClain, PE, TE, Traffic Handling & Detours. Ryan has worked in the transportation planning and engineering field since 2001. Focusing on multi-modal transportation design and analysis, Ryan provides alternatives development and assessment and transportation engineering design for complete streets projects ranging in size from single intersections to complex multi-jurisdictional corridors and master plans. Ryan works closely with agency staff, stakeholders, and the community to develop engineering solutions that work for all users. Ryan leads Fehr & Peers’ companywide Complete Streets Design group is the vice chair of the international ITE Complete Streets Council. He frequently teaches courses on complete streets design, including recent classes for MTC throughout the Bay Area and lectures at UC Berkeley for the pedestrian/bicycle graduate class. In addition to his project roles, Ryan serves as the Office Leader for Fehr & Peers’ Walnut Creek office, where he is responsible for overall office strategy and client relations. He is a registered civil engineer and traffic engineer with more than 20 years of professional experience.
Mr. Charles Weakley, PLS, Surveying. Charles is the President and manager in charge of all land survey work undertaken by Mountain Pacific Surveys and our aerial mapping company, Aerometric Surveys. His experience in land surveying includes photogrammetric control, precision as-built surveys, G.P.S. and cadastral surveys, boundary determinations and right-of-way calculations, topographic mapping, aerial photogrammetry, and construction layout of hundreds of subdivisions, roadway, commercial, and utility projects. Charles is responsible for all aspects of project administration, including contract negotiations.
He is a professional land surveyor with 27 years of professional experience.
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PROJECT UNDERSTANDING AND PREVIOUS WORK
Having been called upon by the Town along with our geotechnical partners CE&G for the initial investigations of Shannon Road distress, NCE has extensive knowledge and understanding of the project.
In early 2020, as downhill creep began to accelerate, we were called by the Town. The team completed extensive field research, reconnaissance, field borings, and laboratory analyses to enable site characterization. The Revised Geotechnical Alternatives Report (RGAR, CE&G, December 2020) was the culmination of these investigations and prepared two feasible alternatives and cost estimates.
Two probable landslides were identified by our investigations along the Road segment (Figure 2) composed of quaternary colluvium. The observed colluvium fills more gently sloped swales that have been mapped as probable landslides of
uncertain age by the CGS and the Town. The colluvium swales are interpreted to be dormant landslides. The colluvium is composed of sandy lean clay with and without gravel, and silt/ lean clay with sand. The colluvium was found beneath the Road prism and above the bedrock (siltstone). The Report correlates the two dormant slides with the thicker portions of the fill/ colluvium above the bedrock, or roughly between stations 6+35 to 7+48, and stations 3+00 to 4+25.
The Town acquired title to the Road in 2017, in what at the time was determined to be a State of Good Repair. The outboard side of the Road segment is composed mostly of artificial fill. Given the vintage of the Road, it is likely that the embankment was not compacted to current standards, leading to settlement of the fill.
The former owner had been addressing settlement and cracking for several decades. Routine maintenance of the roadway consisted of HMA overlays to relevel the driving surface. The result was a thick structural section of AC pavement on the westbound or downhill side. The added mass of repeated overlays on the outside lane of the Road may have exacerbated the distress and failures over time.
The final overlay of the roadway prior to ownership transfer included polyurethane foam injection within the area of historic cracking and settlement, along with a 2.5-inch to 3-inch pavement overlay. Postownership transfer, settlement has not only continued, but accelerated. The steepened embankment of fill and overlying colluvium and likely lack of proper compaction, keying, and benching of fill materials appear to be involved in long term creep of the Road embankment. The RGAR concludes that sliding of the Road segment is locally incipient based on the increased rate of movement within the last few years, especially for the outboard (downhill) portion of the Road prism. Although minimal groundwater was encountered during the field investigations, soil saturation from precipitation could also be contributing to sustained creep downslope.
The RGAR completed by the NCE Team presents two viable alternatives and cost estimates for stabilizing the Road embankment. Either alternative establishes a structure outside the westbound (downhill) portion of the Road prism connecting them through the Road prism to help buttress the Road. One alternative proposes the use of tie-backs (soldier pile with lagging) to apply compressive forces against the Road prism, and the other uses geogrid fabric (MSE wall). During preliminary engineering the preferred alternative will be selected and confirmed with the Town based on available ROW, costs, traffic impacts, and environmental constraints. The current recommendation is the solder pile and lagging wall Figure 2. Two Dormant, Upslope
Landslides (Gray)
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system that is less costly and disruptive allowing for one lane of traffic to remain open during construction depending on final design and construction means and methods.
KEY ISSUES AND OPPORTUNITIES
NCE has identified several key issues and opportunities based on extensive knowledge of the site conditions,
investigations, and alternatives report. The NCE team
experience delivering similar projects for other public agencies affords the Town confidence that we can meet
whatever challenges present themselves for the Shannon
Road project. A photo of one of our successful projects is shown in Figure 3.
CONSTRUCTION COST
As the downslope creep and repair of the Road was unexpected and not included in the Town’s capital improvement plan, managing capital costs for construction must be considered a major issue and opportunity for reducing costs. Under planned circumstances the Town could entertain addressing Road conditions with a sufficient budget. Instead, it must consider using reserve funds and postponing other needed improvements to stabilize the incipient slope movement.
The NCE team as part of this proposal and our design approach has identified the following approach to managing and reducing construction costs below the current preliminary cost estimate that we developed:
The inner lane exhibits less distress and is fair to good condition and suitable for use of conventional mill and overlay treatments to reduce current preliminary pavement reconstruction costs from $100/sy to $20 to $25/sy.
To prevent pavement distresses in the thickened
asphalt section in the outer lanes from reflecting
back up through the new pavement section and
to allow the existing valuable asphalt to be
recycled in-place, based on our experience and
speaking further with a pavement recycling
contractor, we recommend pre-milling at least
the top 4- to 6-inches of the roadway to allow a
Full Depth Reclamation (FDR) reclaimer to
penetrate through the bottom of the very thick
AC. Then the reclaimer can pulverize the existing
roadway materials and recompact in-place, and
then place a new 4- to 6-inch HMA wearing
course. This approach will reduce the current
preliminary reconstruction cost by 40 to 50%
with a cost of $50 to $60/sy.
Working around existing utility poles is another
example of accomplishing the work for less cost
not to mention less time to coordinate with PG&E and telecom utilities. While there are advantages to clearing utility poles from the face of the embankment to maintain consistent earth Figure 4. Narrow Roadway Guardrail Installation
Figure 3. Soldier Beam and Lagging
Retaining Wall, Bailey Road, Pittsburg
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pressures against the slope, earth pressures can still be maintained with a gap in the wall by bridging the gap with a grade or cantilever beam.
Maintaining the existing roadway width, drainage patterns, and elevations to the extent possible will reduced the need for roadway cuts into the hillside, maintaining work within ROW, and less construction and materials costs.
Another potential cost savings will be to place guard rail as close to the inside of the soldier piles as possible again to maintain the existing road prism as much as possible and within existing ROW.
Figure 4 reflects just such an installation with a narrow roadway installation.
TRAFFIC HANDLING
Either as a detour or with one-way traffic control, maintaining eastbound and westbound traffic around or through the construction site will require careful coordination. Connections for power supply to traffic signals are often a constraint in working these situations. Our solution builds off our successful engagements with Fehr & Peers in the past on stabilization projects such as Via Verdi in Richmond. For the soldier pile and lagging alternative, the installation of 2 temporary traffic signals and a protective barrier will allow travelers to pass east or west with minimal queuing or delay. The power supply will be provided either by solar or conventional, low-noise generators. On the east, the temporary signal will be established at the intersection with Santa Rosa Drive. On the west, the temporary signal will be established at Diduca Way. Advance warning signs will be used to notify approaching vehicles of charges well in advance. A protective barrier in the form of either k-rail, sand barrels or water filled segmental barriers will be established on the outboard side of the centerline to inhibit the incursion of vehicles into the active work zone (cf.
Figure 5).
The soldier pile and MSE wall alternative will require the complete closure of the Road segment to allow for placement of the geogrid fabric. The solution here is a traffic detour either be set up along Kennedy Drive or along the combination of Hicks Road and Blossom Hill Road. As this out-of-direction travel will on average increase travel time by 10 minutes, more extensive public outreach will be needed in comparison with the soldier pile and lagging alternative to encourage public cooperation.
RIGHT OF WAY
The current vertical drop-off on the downhill side of the Road ranges from 3 to approximately 20 feet with a slope of 1.5 (V) to 1 (H). In its current condition, the downhill slope is steep and a potential hazard for motorists. While channelizers and signs reflect the nature of the hazard, the risk has been present for several years. Consequently, the installation of guardrail is recommended for consideration.
This will increase the width of the Road prism, add a bid item to the engineers estimate, and may have ROW implications.
Also, the limits of public and private property lines in the RGAR were placed using parcel maps provided by the Town (cf.
Figure 6). Several indicate that the current road may extend into private property, which would
Figure 5. One Way
Traffic Control, Rifle
Range Road
Figure 6. Portion of Figure 2C, RGAR
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be unusual for a public roadway and will be further confirmed by ROW mapping during completion of topographic surveys. This will be important to confirm as work outside Town ROW can be time consuming to coordinate with outside stakeholders/property owners, particularly if ROW acquisition is required.
Our solutions for these ROW challenges are varied and multiple. First, we will refine the parcel maps provided by the Town with a topographic survey. For this reason, the topographic survey is included in the proposed schedule as one of the first items of work.
Next, we will complete a review of available Town data regarding collision records or accidents within this section of roadway. Perhaps, if little to no accidents or collisions have occurred, it may be possible to use a combination of reflectors, signs, and delineation to provide sufficient warnings that can avoid guardrail placement.
Finally, it is possible to erect the guardrail as a vertical extension of the MSE or soldier pile wall. If we find that ROW is indeed constrained, we can use this to shorten the horizontal dimensions of the project.
UTILITIES
A water line is known to exist along the inside, eastbound travel lane. Our current assumption and approach to scoping this project is that this water line can be sufficiently located and roadway rehabilitation and repair methods can be completed to avoid conflict, lowering, or relocation of this waterline to reduce design and construction costs and additional coordination with the San Jose Water Company. If conflict cannot be avoided additional scope for utility coordination and design consideration will be required.
Overhead electric and telecommunication lines as shown in Figure 7 are also apparent above the Road, which will require consideration during development of construction documents and during construction as to the types of equipment and coordination needed by contractor working next to these facilities.
Utility locations will be developed based on utility as-builts and record maps as well as use of ground penetrating radar (GPR) for improved accuracy on the depth of the water line below ground surface. Also, if required we will specify the use of low-overhead construction equipment working next to overhead lines.
CONSTRUCTION SCHEDULE
The current estimated number of working days for construction, excluding bid award, negotiation, and mobilization, is likely greater than 60 days. With an notice to proceed for design in March and design not be completed until late Summer this places construction in the fall and early winter months. We will discuss the project schedule with the Town at the Kickoff meeting and discuss which tasks can be processed in parallel during preliminary engineering and design to enable earlier PS&E delivery and subsequently earlier advertisement and mobilization dates. We will also evaluate the potential to complete the project during the rainy season depending regulatory, construction, and other site constraints.
Figure 7. OH Utility Lines,
Sta 12+80
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KEY ASSUMPTIONS
In order to deliver the most cost-effective design strategy for this project, we have formulated the following key assumptions:
TOWN’S RESPONSIBILITIES
NCE has assumed that the Town will be able to provide the following to the extent available:
1. Provide information regarding Town-owned utilities (i.e., sanitary sewer and storm drain).
2. Provide project requirements, including design schedule, budget, constraints, and criteria.
3. Provide review and approval of exceptions to geometric roadway design standards when appropriately documented with collision records, cautionary signage and delineation, and guardrail placement.
TOPOGRAPHIC SURVEYING, BASE MAPS, AND RIGHT-OF-WAY
1. A topographic survey will be completed along the subject section of Shannon Road to establish a base map sufficient for developing civil design plans. This will also include record data location of the existing right-of-way for the mapping corridor.
2. It is assumed that all improvements will be completed within existing Town ROW. If based on title report review and ROW mapping the private parcel adjacent to the proposed project improvements is found to encroach into the roadway we have included additional ROW engineering services as part of optional Task 5B.
UTILITY COORDINATION AND LOCATION
1. Assumes that utility poles on the uphill side of the alignment will not be impacted or relocated by the project. Further, it assumes that poles on the downhill side of the alignment can be bridged around by either the MSE Wall or Soldier Pile and Lagging Wall.
2. NCE will prepare and distribute utility notification letters to collect facility maps and as-builts, confirm utility planned work, and notify utilities of the Town’s proposed slope stabilization project. NCE will prepare and distribute a second round of letters including utility location information based on ground penetrating radar (GPR) that is provided for the subject street section to solicit feedback and need for utility relocation or adjustments.
3. Low hanging overhead utility lines will be considered in construction documents as needed.
4. Regarding the water line beneath the eastbound lane within the project limits, beyond obtaining asbuilt records from the San Jose Water Company, NCE will conduct a ground penetrating radar survey to determine water line depths below grade. Traffic control for completing GPR to be provided by the NCE. In the event the MSE and Soldier Pile Combination Wall is selected as the preferred alternative, we assume that temporary supports during excavation for the geogrid fabric will enable continued operation of the water line in-situ.
5. No known utility covers or manholes are present along the alignment within the project limits.
6. For the purposes of this scope of work it is assumed that utility relocation or lowering is not required.
PAVEMENT TESTING AND DESIGN
1. Pavement design will be based on Caltrans Standards with a combination of supplemental coring, laboratory testing of subgrade, and pavement condition surveys.
2. Pavement coring will be performed with spacing criteria and bulk samples as follows:
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a. Up to two pavement cores will be obtained approximately every 750 feet within the eastbound lane (inner lane) to estimate the pavement section thickness, as previous geotechnical exploratory borings were located within westbound (outer lane) only. b. Up to two bulk samples of subgrade for laboratory testing will be obtained.
3. Base repairs will be measured in length and width for the eastbound lane only to advise for the case if the soldier piles with lagging alternative is selected. It is the intent that base repair quantities will be for bidding quantity purposes only and that actual locations will be marked by NCE with the Town’s inspectors prior to construction.
4. A no-fee encroachment permit will be pulled with the Town for all pavement testing if required.
5. A half-day of traffic control for pavement coring will be provided by NCE.
TRAFFIC STRIPING
1. Final traffic signing and striping is assumed to match existing striping, any revisions will be reviewed with the Town.
2. A review of SWITRS data including the most recent available 3-year continuous record of accidents within the project limits is included as part of this scope.
TRAFFIC HANDLING PLANS
1. In the case of selecting the combined MSE wall and soldier pile wall with lagging, traffic handling plans in the form of detour plans will be prepared assuming full Road closure. In the case of selecting the soldier pile with lagging wall alternative, the traffic handling plans will assume one-way traffic control with temporary traffic signals. In either case draft traffic handling plans will be submitted as part of preliminary engineering to the Town traffic engineering group for review and comment.
DRAINAGE
1. No major drainage improvements are assumed for this project requiring significant stormwater drain and pipe alteration and/or reconstruction.
2. The project will, to the extent possible, and within the context of proposed stabilization address visible drainage issues including structural backfill. However, it should be noted that no existing drop inlets or paved ditches exist within the Road segment.
ENCROACHMENT PERMIT
1. NCE will apply for no-fee Town encroachment permits for all field work, including pavement coring work, if required.
BID PACKAGE
1. NCE has assumed for the purposes of developing bid packages the following:
Shannon Road Embankment Stabilization Project – Bid Winter 2021/22.
CEQA DOCUMENT
1. The documentation required for CEQA is assumed and judged based on current information and planned roadway repair project to be a Categorical Exemption.
2. If for any reason the project does not qualify for a Categorical Exemption or new information arises indicating the presence of critical habitat or historical/tribal resources within or adjacent to the project, NCE can prepare and provide support for CEQA compliance, additional technical studies, and/or regulatory permits for additional scope and fee.
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SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT
This task will include an initial kick-off meeting and progress meetings to update the Town with the results of studies and the development of contract documents. Regular meetings afford direction and feedback from the owner which are invaluable in navigating the multitude of decisions needed for successful project selection and implementation. Microsoft TEAMS software will be used to allow the seamless sharing of information and for virtual meetings . Agendas will be provided in advance of the meetings. A summary of meeting notes and action items will be provided after each meeting along with decisions reached and schedule updates. In keeping with the Town’s Agreement for Consultant Services, progress reports and invoices will be submitted monthly.
NCE’s Project Manager will arrange a Kick-Off Meeting with the Town to initiate work on the project. The objectives of the Kick-Off Meeting will be:
Review of the Scope of Work
Establish Lines of Communication
Confirm Deadlines
Establish Project Schedule and Milestones
Define Design and Operation Criteria.
Whether a simple preventive maintenance project or a complex reconstruction project, it is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure the delivery a high-quality project within budget and on schedule.
In addition to Town staff (Engineering, Maintenance, etc.), NCE will research and coordinate, as-needed, with other agencies such as PG&E, AT&T, Verizon, Comcast, San Jose Water Company, etc., to identify any potential conflicts, requirements, or design issues early to help minimize delays (and costs) later in the design process or during construction. At the Kick-Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet Town needs.
NCE is very sensitive to construction costs, particularly the volatile price of materials, which have affected the scope of many similar projects. In order to keep the Town aware of overall project costs, NCE will begin developing Preliminary Engineering Cost Estimates as soon as we have developed our engineering design recommendations to closely monitor any potential funding issues, which may develop.
Throughout the project, NCE staff will be available to attend regularly scheduled progress meetings with the Town, to maintain good communications, to offer up efficiency and reduce the number of design review and coordination meetings. Therefore, we have assumed up to three (3 ) meetings. The purpose of the progress meetings will be to identify and resolve any design or funding issues that may surface in a timely manner, present design alternatives and recommendations to Town staff, and continue coordination with project stakeholders as necessary.
NCE will also prepare exhibits for Town outreach and Council meetings. Up to two outreach meetings and 2 Council meetings are included in our scope with up to 2 exhibits for each meeting. If attendance at additional exhibits or meetings is necessary, they can be added to the scope for an additional fee.
Deliverables:
Project schedule
Meeting agendas and summaries
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Monthly progress reports and invoices
Project schedule update
Exhibits for public outreach and Council meetings.
TASK 2 – PRELIMINARY ENGINEERING
Preliminary engineering gathers data needed to prepare roadway and structural designs and develop construction documents including design data gathering, topographic surveys and ROW information, seismic survey and geotechnical design, utility location and coordination, pavement design, and environmental.
TASK 2A – DESIGN DATA GATHERING
NCE will review relevant available data and records from the Town, public and private utility providers, and other sources that may be appropriate to support the preparation of project contract documents.
These may include, but are not limited to, the Town drainage structure inventory maps, aerial photographs of the Town; as-built Road improvement and infrastructure plans, striping and markings, asbuilt plans from utility providers, including any preliminary plans for future work that may conflict with this project. Along with the maps previously used with the phase 1 investigation, the gathered information will be compiled and included in the base map used for design. Based on our review we will identify any data gaps or missing information and provide this information to the Town for review and discussion. NCE will also confirm with adjacent County of Santa Clara property if encroachment permits are required to conduct proposed work.
Subsurface moisture beneath roadways is known to reduce the useful life of the pavement placed above.
Currently, there are no known culverts for this segment of Shannon Road. Consequently, drainage occurs by sheet flow based on road superelevation and crown. While it is possible to insert a culvert through both the lagging of a soldier pile and an MSE wall without compromising wall integrity, a less expensive option is the employment of a roadside ditch or vee channel.
A brief review of existing drainage conditions will be reviewed with the Town and if drainage improvements are required beyond existing drainage facilities will be incorporated into the design.
Deliverables:
Drainage technical memo.
TASK 2B – TOPOGRAPHIC SURVEY & ROW
NCE’s Project Surveyor will complete monument/control recovery, field investigation and field surveys sufficient to prepare a design level topographic mapping product for the portion of Shannon Road beginning approximately 100 feet westerly of Diduca Way and extending to approximately 100 feet southerly of Santa Rosa Road. The mapping corridor will begin at a point approximately 5’ from the edge of pavement on the southerly (upslope) side and extend to approximately 30 feet northerly of the northerly (downslope) edge of pavement.
The final topographic base sheet shall be compiled at 20 scale with a 1’ contour interval and include cross sections/spot elevations at an approximate 50’ interval. The topographic data to be collected is more specifically defined as:
Cross-sections at 50’ intervals, along with additional spot elevations as required to define the road alignment and grade, as well as the slope/bank. Typically, the cross section will include top or toe of banks, ditches, edge and centerline of pavement, and grade breaks.
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Surveyed locations for significant surface features, such as pavement or concrete, driveways, striping, fences, surface utilities, trees (over 4-6” in diameter on tree survey requirements), signs, utility poles, and streetlights will be included. Sanitary and storm drain structures will include rim elevations, invert elevations, pipe size & direction for all accessible structures within the mapping limit.
Location of all recovered street monumentation within the mapping corridor (for preservation and Record ROW purposes).
Location of underground utility locator markings.
Provide a finish drafted topographic survey in AutoCAD Civil3D, including a dtm surface.
Based upon a combination of record data and any monuments collected during topographic surveying, NCE’s surveyor will calculate and show the record data location of the existing ROW for the length of the mapping corridor. Additionally, our surveyor will calculate and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and apparent lines of occupation).
Horizontal and vertical datums shall be based upon the Town of Los Gatos survey network control.
Note: This scope does not include the preparation of legal descriptions for any easements that may be necessary to facilitate construction of the work. If work extends beyond existing Town ROW, our surveyor can provide this for additional scope and fee.
Before the survey can be made, an encroachment permit will be completed with the Town if required for traffic control, which is assumed to be provided by the Town as previously done for cost savings.
Deliverables:
Topographic survey file
Tree location survey file (> or = 4-6”)
TASK 2C – SEISMIC SURVEY AND GEOTECHNICAL DESIGN
An essential component of accurate retaining wall design includes depths-to-bedrock. The depth to competent material directly impacts the design height and corresponding cost of the retaining wall.
Exploratory borings are widely spaced and located several feet from the edge of the embankment where the retaining wall will be located. The result is a depth to bedrock profile that is interpolated both laterally and longitudinally. Assumptions based on the interpolation may result in a retaining wall that is overdesigned or subject to potential changed conditions claims.
A geophysical seismic refraction survey (Figure 8) could be effectively used to more clearly identify the depth to bedrock along the downslope edge of the roadway. This additional information will fill in the gaps between the geotechnical borings and provide a continuous geologic profile showing the ground surface and the depth to competent material.
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This study will allow accurate development of the Geotechnical Design Report. This report will include all the calculations and dimensions needed to complete the structure design of either the combination MSE and soldier pile wall or the soldier pile and lagging wall.
Deliverables:
Seismic Refraction Survey – including seismic velocity tables and contour drawings Geotechnical Design Report – including structure calculations.
TASK 2D – UTILITY LOCATION AND COORDINATION
NCE will coordinate with utility agencies early in the design process to help avoid potential construction delays and unnecessary disruptions to public services. Known utilities along this stretch of Shannon Road include both San Jose Water Company and PG&E. At least one telecommunications company is also present along the poles located on the uphill (eastbound) side of the Road. Initial contact with PG&E will enable identification of which telecom provider(s) occupy space on the PG&E poles.
Utility coordination will be a critical item to keep utility providers informed about the project and schedule. One of the first and earliest items that NCE will complete is reaching out to our contacts with PG&E and San Jose Water Company by telephone. This will be followed up by sending notification letters to applicable utility providers along with a preliminary project schedule for design and construction. We will also request utility as-builts and record drawings. This will allow utility providers to plan maintenance on their facilities prior to a moratorium during construction.
NCE will also carefully document all utility coordination notifications, emails, conversations, and meetings with utility contacts and information in a matrix format with dates of contacts and mailing detailed in this matrix. Follow-up calls will be made for each of the above notifications to confirm receipt. NCE will also keep the Town informed of any project delays related to utilities.
While the overhead utility poles themselves are located off the traveled way, lines strung between the poles cross over the Road prism itself. Consequently, drilling and excavation equipment associated with construction will need to be cognizant of these low overhead-lines and protect against line strikes.
The RGAR reflects the location of a water main along the inside (eastbound) travel way for the entire length of the Road segment. Although San Jose Water Company may have as-built information about this Figure 8. Determining Depth-to-Bedrock Using Seismic Velocity Contours, Bailey Rd, City of Pittsburg DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
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water line, our scope includes a ground penetrating radar (GPR) survey to enable improved location accuracy below existing grade.
Using GPR, NCE’s utility locator will field locate utility alignments and depths for utility mains and laterals to the extent that GPR methods can detect utilities. If GPR cannot establish utility alignments and or depths, potholing may need to be completed for additional scope and fee. GPR along utility mains will be marked at various locations along the subject street section, and the accuracy for the electronic depths will depend on the soil conditions and utility material. Traffic control will s be provided by NCE’s utility locator.
Neither milling and overlay of HMA nor drilling of tie-backs are expected to come close to contacting the water line, however selection of the MSE alternative plus soldier pile wall alternative could expose the water line as a result of geogrid placement.
Deliverables:
Utility notification letters
Utility contact matrix
Marked utility depths and alignments and data.
TASK 2E – PAVEMENT DESIGN
NCE will perform a pavement condition survey of the travel lanes based on visible distresses. Pavement condition surveys serve the purpose of further refining the appropriate rehabilitation/reconstruction strategy in relation to the distress caused by downhill creep of the Road prism and traveled way.
This condition survey will generally note the presence of load related and environmental distresses, such as alligator cracking, longitudinal and transverse cracking, rutting, patches and utility cuts, distortions and depressions as they pertain to developing appropriate pavement treatments. In addition, potential base repairs will be identified in the condition survey. Base repairs will be marked in the field on the pavement in white paint, numbered, and verified prior to construction.
NCE will collect up to four (4) pavement section core samples (4” – 8” diameter cores) in the eastbound lane (inner lane). These will supplement the 13 borings already sampled in the westbound lane. For each core sample, NCE will measure and record the thickness and material type of each layer encountered in the pavement structural section, including the presence of any pavement reinforcing fabric. A half-day of traffic control by NCE is provided in our cost estimate for this subtask.
Bulk samples of subgrade will be obtained in support of structural section design. We will collect bulk samples of subgrade materials at the core locations for laboratory testing such as R-value, moisture content and Atterberg Limits (plasticity index) determinations. Our current fees assume 2 bulk samples will be obtained for testing. The thickness of aggregate base (AB) will be measured at all core locations.
Using the data obtained from the 4 supplemental corings, the laboratory test results from these samples, the 13 original borings and their laboratory data, NCE will perform pavement analysis and design services, and develop pavement rehabilitation and reconstruction recommendations for both the westbound and eastbound traveled lanes and shoulders. NCE will perform its analysis in accordance with the Caltrans Highway Design Manual.
NCE will develop pavement structural section recommendations expressed in the form of a Traffic Index (TI) that will be provided by the Town. NCE will develop recommendations including, but not limited to, the following:
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Reconstruction
o Hot Mix Asphalt (HMA) over AB
o Full Depth HMA
o FDR
Conventional Hot Mix Asphalt (HMA)
Rubberized Hot Mix Asphalt (RHMA)
Alternative rehabilitation methods if feasible (in-place recycling, mill & fill treatments, etc.) Locations and treatments of failed pavement sections (base repairs) Full-width milling and wedge grinding requirements.
NCE will then summarize its recommendations in a pavement design memorandum to the Town that, at a minimum, will include the following:
Results of pavement condition surveys, coring, and laboratory testing Description of testing procedures and analysis performed for the project Recommended alternatives for rehabilitation and reconstruction.
NCE will submit two (2) copies of its draft technical memorandum to the Town for initial review. Upon receipt of any comments from the Town, NCE will then prepare its final technical memorandum, which will be signed and stamped by NCE’s Pavement Engineer. Two (2) copies of the final technical memorandum will then be provided to the Town reflecting any comments on the draft technical memorandum. NCE will also develop an encroachment permit application for the coring work.
Deliverables:
Encroachment permit application – traffic control provided by Town for pavement coring Draft and Final pavement Technical Memorandums.
TASK 2F – ENVIRONMENTAL (CEQA CATEGORICAL EXEMPTION)
Projects that are subject to the discretionary approval of a government agency must comply with California Environmental Quality Act (CEQA) regulations and procedures. Based on our experience fulfilling CEQA requirements for roadway repair projects of similar nature, this project will likely qualify for a Categorical Exemption as described
at California Code of Regulations in Article
19, Section 15301 – Existing Facilities or
Article 19, Section 15302 – Replacement
or Reconstruction.
A visual assessment of the project area
will be conducted, databases will be
reviewed, and the project area will be
assessed for exceptions to the CEQA
exemptions per CEQA Guidelines Section
15300.2. Factors related to the potential
for exceptions to be documented in the
administrative record include biological
resources, historic resources, hazardous
waste lists, State scenic highways, flood hazard areas, and fault zones. NCE will prepare an administrative record supporting the determination for the Town’s files. NCE will then prepare a Notice of Exemption (NOE) form (Figure 9) for the Town to review, sign and file with the County Clerk. Whereas the project is Figure 9. California’s OPR’s Notice of Exemption Form
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not of regional significance and there are no State responsible entities, there is no need to file with the State Clearinghouse.
The Categorical Exemption will be supported by an administrative record that includes brief biological and cultural resource technical memoranda. Based on preliminary database research, the project area contains no critical habitat for federally listed special status plant or animal species. However, three special status plant species have current ranges that overlap the project area, according to the US Fish and Wildlife Service. While we believe the potential is low for these plants to occur within and adjacent to the roadway, our proposed reconnaissance-level survey will confirm this assumption, and our findings will be presented in a tech memo and described below.
The biological resources technical memorandum will include a database review and a reconnaissancelevel field survey. Additionally, in support of a potential tree removal permit application and during the reconnaissance-level field survey, NCE will also identify tree species greater than 4 inches in diameter (as collected by our surveyor during topographic surveys) that may require trimming or removal. The results of the field survey, relevant field observations, and findings will be presented in a biological resources technical memorandum.
NCE assumes the tree trimming and removal can be completed per Section 26.10.063 of the Town’s municipal code for removal required for Capital Improvement Project, repair of a geologic hazard, and/or interferes use of pavements. A tree removal permit application will be completed and submitted to the Town for review.
The cultural resources technical memorandum will present the findings of a record search request from the Northwest Information Center and a brief pedestrian survey. Given NCE’s experience with small road rehabilitation projects and the location of the present project on steep slopes, away from perennial water sources, the probability of encountering historical resources (as defined by CEQA) is judged to be low. For this project, NCE assumes no cultural resources will be identified. In addition, because an NOE is assumed for this project, AB52 Native American consultation is not required. If historical resources (which can also be tribal resources) are identified as a result of the records search, as part of the pedestrian survey, or as provided by the Town, NCE can initiate Native American consultation on behalf of the Town for a separate scope and fee.
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Deliverables:
CEQA Notice of Exemption
CEQA Administrative Record
Biological resources technical memorandum
Cultural resources technical memorandum
Tree removal permit application
TASK 3 – PLANS, SPECIFICATIONS, & ESTIMATES (PS&E)
TASK 3A – 35% PS&E
Upon completion of preliminary engineering, the project team will prepare a 35% Plans, Specifications, and Estimate of Probable Construction Cost (PS&E) for the project. The 35% plans will depict the basic roadway repair plans and outline of details, required tie-in into existing features, new paving of associated roadway, drainage flow lines, traffic handling, draft profile-and-plan views, retaining wall and either tieback or geogrid systems, structural and roadway detailing, and construction limits. The plans will be accompanied by and outline of draft technical specifications and an engineer’s estimate. The combined plans, specification, and estimate (PS&E) will be reviewed for quality assurance and edits incorporated prior to delivery to the Town. Upon completion of the Town’s review a Review meeting will be held to discuss the 35% PS&E package. The following plan sheets are anticipated:
Name No. of Sheets
Title Sheet 1
Notes, Legend and Abbreviations 1
Survey Control 1
Traffic Handling 1 (Alt 1)/ 5 (Alt 2)
Excavation/ Demolition 2
Plan and Profile 3
Retaining Wall Plan and Profile 6
Pavement, Guardrail and Drainage Details 3
Retaining Wall Details 3
Water Pollution Control 2
Signing and Striping 3
26/ 30
As part of the 35% design, CE&G will finalize the retaining wall design. Calculations made during development of the Geotechnical Design Report will be verified and included with a structures design.
The Engineer’s Cost Estimate will be prepared in MS Excel format and will be based on the most recent construction cost data available to NCE for projects of this type. Because of NCE’s involvement in the design and construction of numerous similar projects throughout California, we are confident in our ability to estimate the construction cost of the Town’s project. This initial estimate will then be updated and refined as the design effort progresses. It is assumed that the Town will require a 10-day review/comment period once the 35% PS&E package is submitted.
Deliverables:
35% Plans (electronic - pdf)
Outline of Technical Specifications
Engineer’s Estimate of Probable Construction Cost.
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TASK 3B – 65% PS&E
Upon completion of 35% PS&E review meeting, the NCE team will begin resolving comments and incorporating edits from the 35% review meeting into the 65% PS&E set of contract documents. The team will also conduct a constructability review prior to submittal to the Town to ensure anticipated means and methods by any contractors for completing the work in the field. NCE will provide a response to each comment that is included in a comment table provided by the Town. The 65% PS&E will include additional design information and details typically expected at this stage of completion. The 65% PS&E package will then be packaged and submitted similar to the 35% PS&E unless directed otherwise.
The contract documents (proposal, special provisions, and technical specifications) will be developed for the project to fit the anticipated work items. The Contract documents will be prepared in MS Word and according to the Town’s format. For the purposes of this proposal NCE assumes that standard front end and specific provisions templates will be provided by the Town. The special provisions will follow both the Town’s and Caltrans’ standard formatting conventions.
NCE also believes that an efficient yet thorough Quality Control/Quality Assurance program is essential for getting the maximum value out of every dollar spent on construction. Projects designed by NCE therefore, contain technical specifications that attempt to optimize the balance between using rigid, but time-tested, specifications and meeting local agency needs, with the goal of obtaining the very best value for its clients.
NCE recognizes the value of incorporating Caltrans Standard Specifications in projects such as these, both because these specifications have been developed by an agency that designs and builds a vast amount of highway work, and because most contractors performing public works construction in Northern California are familiar with them. Caltrans, however, has the resources to administer projects quite differently than most local agencies, so NCE advocates modifying the Caltrans Standard Specifications to better fit the abilities, needs, and budgets of municipal agencies.
The Engineer’s cost estimate will also be updated to reflect the revised quantities of work depicted on the plans. It is assumed that the Town will require a 10-day review/comment period once the 65% PS&E package is submitted.
Deliverables:
Tabulated response-to-comments at 35% PS&E Review meeting 35% Plans (electronic - pdf)
Technical Specifications
Engineer’s Estimate of Probable Construction Cost.
TASK 3C – 100% PS&E
The 100% PS&E will be revised to incorporate comments received from the Town. NCE will again meet with the Town to review these comments, from which the final (Bid Set) PS&E will be prepared. Similar to 100% PS&E, NCE will provide a response to each comment that is included in a comment table provided by the Town. The final (Bid Set) PS&E will include all notes and details necessary for construction. One reproducible copy of the final (Bid Set) PS&E will then be packaged and submitted similar to the 100% PS&E unless directed otherwise. Upon receipt of the Town’s final review comments, the project documents will be finalized for bidding purposes.
A final quantity calculation will be tabulated, and this will be entered into the final Engineer’s cost estimate for the project. All final documents will be reviewed, stamped, and signed by NCE’s registered civil engineer, and the final PS&E will be delivered to the Town in both hard copy and electronic formats.
Deliverables:
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One wet-signed and one electronic file of the final plans, technical specifications, and engineer’s estimate. The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD 2018 or later version, Microsoft Word, and Microsoft Excel, respectively.
TASK 4 – CONSTRUCTION ADMINISTRATION
TASK 4A – BIDDING SUPPORT SERVICES
Services during advertisement and bidding include assistance during the pre-bid conference, responding to questions received about the project design, and preparation of any addenda and/ or clarifications to the PS&E that are deemed necessary. NCE can also assist the Town in determining the responsiveness of bids received, with checking and tabulating bid results, and with developing recommendations for award of a construction contract to the Town Council.
Deliverables:
Attend pre-bid meetings
Prepare responses to questions received regarding project design Prepare bid addenda as necessary
Provide assistance with bid responsiveness (as needed).
TASK 4B – CONSTRUCTION SUPPORT SERVICES
NCE will provide support services to the Town during the construction phase of the project. At a minimum, these services are anticipated to include attendance at the pre-Construction Conference, reviewing Contractor submittals and responding to Contractor requests for information, field marking and verifying measurement of base repair (digout) areas, providing recommendations for any necessary construction changes due to unforeseen field conditions, assisting with the review of Contract Change Orders, participate in the final inspection and assistance with identifying punch list items, and preparation of Record Drawings from marked as-built plans supplied by the Town’s Contractor. The Record Drawings will be furnished to the Town in both printed and electronic formats.
Deliverables:
Attend pre-construction conference
Assist with the review of contractor submittals and RFIs as necessary Provide recommendations for any necessary construction changes due to unforeseen conditions Assist with review of contract change orders
Upon receipt from the contractor of redlines, record drawings in full-size hardcopy (1 copy, 22” x 34”), pdf, and CAD format.
TASK 5 – OPTIONAL ADDITIONAL SERVICES
The Town has requested clarification on issues that have the potential to arise during design and for one or both of the alternatives under consideration. The following supplements our original proposal to improve expectations should unforeseen circumstances arise. Two general areas of concern are environmental resource determinations and right-of-way engineering. These are outlined below.
TASK 5A-ENVIRONMENTAL SERVICES
At the discretion of the Town, NCE can conduct up to three (3) pre-construction nesting bird surveys as additional service and is included as an additional cost in our fee estimate. While these surveys are not DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
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required, if there is the potential to impact nesting migratory birds in the project area, the Town should consider completing these surveys to minimize the risk of a nesting migratory bird take, a potential violation of federal and state laws protecting migratory birds. The intent of the pre-construction surveys is to verify no nesting migratory birds will be impacted by construction activities (e.g., tree removal, vegetation trimming or removal, or ground disturbance). Following each nesting bird survey or once all pre-construction surveys have been completed, NCE will prepare a brief letter report detailing the findings from the pre-construction survey. NCE assumes no nesting birds will be found.
Other environmental services may be required for NEPA compliance if federal funding is secured. These would include defining the Area of Potential Effect (APE), drafting and finalizing a Natural Environmental Study (NES) - Minimal Impact, and finalizing the Preliminary Environmental Study (PES).
We judge based on the type of roadway repair work to be completed we have developed the appropriate scope of environmental document services and in the less likely event additional cultural and biological resources and/or permitting are required beyond our current assumptions these services can be provided for additional scope and fee not currently estimated herein.
Deliverables:
Nesting bird survey letter report.
APE concurrence
NES-MI – draft and final
PES – draft and final
TASK 5B-ROW ENGINEERING SERVICES
The Geotechnical Alternatives Report identified two parcels encroaching into the operating right-of-way of the roadway. Our surveyor has identified the APNsfor these parcels. While one of the parcels is owned by the Town, the other is identified as a private party. If necessary, a title reports will be obtained by our surveyor. In the unlikely event that the private party encroachment cannot be resolved by the topographic survey, ROW mapping, and title reports ROW services will be completed.
Depending on project needs and discussions with the private property owner, to secure the rights necessary for the project a permanent easement, temporary construction easement, and or partial fee acquisition may be required. For properties less than $10,000 a valuation can be used in-lieu of appraisal.
Should the property be over this threshold then an appraisal would be conducted. Services included for ROW would include the following for any rights needed:
1. Initial research and review of all parcel conditions including title review for potential encumbrances that would impact any acquisition.
2. An initial valuation estimate to determine if an appraisal is necessary for the rights seeking to be acquired.
3. Initial meeting with the property owner at the property to review the plans for the project, the impact to their property, discuss their concerns, and collect information germane to the valuation and negotiations.
4. Engage in information exchange and negotiations with the property owner necessary to secure agreements for rights needed.
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5. Coordinate any appraisals needed with the owner and appraiser. Or prepare a valuation in-lieu of appraisal.
6. Prepare offer package including all documents needed to acquire and close any acquisitions.
7. Negotiate in good faith with the owner.
8. Participate in meetings with the Town’s legal counsel and any study sessions with the Town Council needed.
9. Open and coordinate escrows including and reconveyances. \ In support of any necessary acquisition or easement our surveyor would prepare legal descriptions for the deed and plats. In the unlikely event of an issue developing with the parcel owned by the Town or annexed roadway area from the County our right-of-way consultant can also assist in attending meetings, performing negotiations with the County, release of rights or abandonments, and reconveyances.
Property Valuation and/or Appraisal
Title Report(s)
Legal Descriptions and Plats
Meetings and Negotiations
Land Rights Acquisition for Permanent Easement, Temporary Easement and/or Partial Fee Acquisition
PROJECT SCHEDULE
The intent of this design schedule is to complete construction documents within 5 to 6 months for winter bidding or earlier if possible and desired by the Town, which can be discussed further and confirmed with project objectives during project kick-off. Winter bidding will allow the Town to secure more competitive bidding but places construction in later winter/ early spring months, which may entail working day stoppages and delays depending on weather constraints.
DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
COST PROPOSAL
The following represent hourly rates for NCE and our team members:
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NCE will provide the defined scope of work on a lump sum basis for an estimated fee of $444,400. The price breakdown by task is attached. Total compensation will not exceed the amounts set forth without receipt of prior written authorization from the Town.
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Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
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Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
The NCE team is excited to have this opportunity to complete construction documents for the Shannon Road Repair project based on the work we have already completed to date. As a principal with NCE, I am authorized to sign contracts on behalf of NCE and will be the point of contact should you have questions. I can be reached via phone at (510) 215-3620 or via email at [email protected] or via mail at NCE, 501 Canal Boulevard, Suite I, Richmond, CA 94804. NCE looks forward to your favorable review of our qualifications and continuing our work with the Town.
Sincerely,
NCE
J. Ryan Shafer, PE, GE Lee Taubeneck, PE
Principal Project Manager
Attachments:
A. Key Staff Resumes
DocuSign Envelope ID: 269F4940-C891-4191-B880-0FAE5859DC4C
Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
July 3, 2023
Project No: 58.20.55
Ms. Janice Chin
Assistant Engineer
Town of Los Gatos
41 Miles Avenue
Los Gatos, California 95030
RE: Budget Amendment No. 1
Shannon Road Repair Project
Dear Ms. Chin,
This letter provides formal documentation of NCE’s prior discussions with the City regarding a requested Budget Amendment No. 1 for the Shannon Road Repair Project. The budget amendment reflects the additional work added after completion of the 65% PS&E as follows:
1) Revised 65% PS&E:
a.
i.
ii.
NCE submitted 65% PS&E documents and subsequent to this submittal based on stakeholder and Town comment the Town requested the following:
Analysis of bike pull-out alternative relocation
Cost: NCE $1,500, Fehr and Peers $3,000
Bike pull-out redesign revising grading, wall alignment, and wall structural design Cost: NCE $10,500, CE&G $8,000
Total Cost: $23,000
2) Road Closure:
a.
b.
Previously NCE and Fehr and Peers had prepared two-stage traffic handling plans with the intent to maintain one lane of travel on Shannon Road during construction. The Town subsequently made the decision to allow full closure of the road to allow for more efficient construction with the goal of reducing construction costs and duration. Fehr and Peers Fehr & Peers will prepare a detour plan for the proposed road closure of Shannon Road during construction for the recommended detour route via Blossom Hill Road, Camden Avenue, and Hicks Road for a 100% submittal and a final submittal. Fehr and Peers will also conduct a review of the technical specifications to be used for the project.
Cost: Fehr and Peers $11,000
With a full road closure NCE will revise the pavement section to be Full Depth Reclamation for the entire roadway not just the west bound lane as previously planned. This will require revisions to pavement section, quantities, and specifications.
Cost: NCE $1,500
Total Cost: $12,500
3) Additional 100% PS&E Tasks:
a.
i.
ii.
NCE will need design additional design elements as follows:
Revised terminal guard rail design west of Diduca Way to accommodate guy wire pole that is in close proximity to roadway that is beyond the wall limits (outside of project) but impacts the end of the guard rail.
Revised culvert drainage pipe inlet to allow for permeable treatment, placement of drainage pipe below the ground surface, and direction of stormwater into existing bioswale area below the roadway.
Cost: NCE $7,000
EXHIBIT B
2 | Page
Total Cost: $7,000
To accommodate the additional work, we are requesting our budget be amended by $42,500 for items 1,2 and 3. If you have any questions or would like to discuss this request, please contact the undersigned at (510) 215-3620.
Sincerely,
NCE
J. Ryan Shafer, PE GE, Principal
PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023
ITEM NO: 9
DATE: August 8, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive Monthly Financial and Investment Reports (April Amended, May, and June 2023)
RECOMMENDATION:
Receive Monthly Financial and Investment Reports (April Amended, May, and June 2023).
DISCUSSION:
California Government Code Section 41004 requires that the Town Treasurer submit to the Town Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Finance Director assumes the Town Treasurer role.
Further staff review revealed that the April 2023 Monthly Financial and Investment Report received by Council on June 20, 2023 included the correct year-to-date information; however, the “current month data” that should have matched the year-to-date information was not updated. Attachment 1 contains the amended April 2023 Monthly Financial and Investment Report. The May and June Monthly Financial and Investment Reports are presented in Attachment 2 and Attachment 3 respectively.
The Finance Commission will receive these reports at their next scheduled regular meeting.
Attachment 1 through 3 include Fund Balance Schedules, representing estimated funding available for all funds at the end of the April, May, and June 2023. The fund balances are estimated at a point in time and will be finalized at the final close of the fiscal year.
Please note that the amount in the Fund Schedule differs from the Portfolio Allocation and Treasurer’s Cash Fund Balances Summary schedule because assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Cash is adjusted
PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report (April Amended, May and June 2023) for Fiscal Year 2022/23
DATE: August 8, 2023
DISCUSSION (continued):
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available.
As of June 30, 2023, the Town’s financial position (Assets $89.1, Liabilities $28.0M and Fund Equity $60.6) remains strong and there are no issues meeting financial obligations in the near future.
As of June 30, 2023, the Town’s weighted portfolio yield for investments under management was 3.19% which was above by 2 basis points the Local Agency Investment Fund (LAIF) yield of
3.17% for the same reporting period. Currently the LAIF portfolio’s weighted average maturity (WAM) is 311 days versus the Town’s longer WAM of 399 days. The longer maturity (WAM) for Town assets under management reflects the Town’s strategy to take advantage of higher yields associated with longer maturities balanced with shorter term yields available on investments held with the State’s LAIF. The Town’s weighted average rate of return on investments under management of 3.15% at the close of June was 42 basis points higher when compared to the prior months return of 2.77% reported as of April 30, 2023.
Since December 31, 2022, LAIF yields had climbed from 217 basis points (2.17%) to 3.17 basis points (3.17%) through the end of June 2023.
Total Cash $ 74,868,304
Plus: Assets $ 9,451,020
Less: Liabilities $ (26,974,112)
Estimated Fund Balance $ 57,345,212
Reconciling Cash to Fund Balance - April 30, 2023
Total Cash $ 75,243,382
Plus: Assets $ 8,963,217
Less: Liabilities $ (27,013,170)
Estimated Fund Balance $ 57,193,429
Reconciling Cash to Fund Balance - May 31, 2023
Total Cash $ 78,384,948
Plus: Assets $ 10,727,328
Less: Liabilities $ (28,459,390)
Estimated Fund Balance $ 60,652,884
Reconciling Cash to Fund Balance - June 30, 2023
PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report (April Amended, May and June 2023) for Fiscal Year 2022/23
DATE: August 8, 2023
DISCUSSION (continued):
Staff, in coordination with the Town’s investment advisor, continued primarily replacing maturing investments with shorter to medium term maturities in the two- to three-year maturity range. These investments capture current yields that exceed the rates expected to be earned in the LAIF pool during that same time period. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.
On March 22, 2023, the Federal Reserve voted to approve a ¼ percentage basis point increase from 4.75% to 5.00%. This action was followed with additional hikes in May 2023 from 5.00% to 5.25% and July from 5.25 % to 5.5 %. Through these actions over time, the Federal Open Market Committee’s (FOMC) goal is to bring year to year inflation to its targeted level of 2%.
The labor market remained resilient. The unemployment rate rose to 3.7% from 3.4% with the participation rate unchanged at 62.6%.
The Town's investments are in compliance with the Town's Investment Policy dated February 21, 2023 and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
CONCLUSION:
Receive the Monthly Financial and Investment Reports (April Amended, May and June 2023).
Attachments:
1. Financial and Investment Report Amended (April 2023)
2. Financial and Investment Report (May 2023)
3. Financial and Investment Report (June 2023)
Weighted Average YTM Portfolio Yield on Investments
under Management 2.77%
Weighted Average Maturity (days) 385
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $74,868,304 $70,079,332 $76,134,869 Managed Investments $47,121,309
Local Agency Investment Fund $12,034,229
Reconciled Demand Deposit Balances $15,712,766
Portfolio Allocation & Treasurer's Cash Balances $74,868,304 Benchmarks/ References:
Town's Average Yield 2.77% 2.71% 1.27%
LAIF Yield for month 2.87% 2.83% 0.52%
3 mo. Treasury 5.08% 4.80% 0.85%
6 mo. Treasury 5.04% 4.91% 1.41%
2 yr. Treasury 4.01% 4.03% 2.72%
5 yr. Treasury (most recent) 3.49% 3.58% 2.96%
10 Yr. Treasury 3.43% 3.47% 2.94%
Town of Los Gatos
Summary Investment Information
April 30, 2023
0 - 1 year
63%
1 - 2 years
18%
2 - 3 years
10%
3 - 5 years
9%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated February 21, 2023 and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
ATTACHMENT 1
Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 70,079,332.41 $72,886,942.83 Receipts 8,151,130.63 56,051,425.66
Disbursements (3,362,159.41) (54,070,064.86)
Cash & Investment Balances - End of Month/Period $74,868,303.63 $74,868,303.63 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $188,410.77 0.32% 20% of Town Portfolio
US Treasury Notes $14,388,386.25 24.32% No Max. on US Treasuries Government Agency Debenture Notes $18,871,374.65 31.90% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,673,137.01 23.11% 30% of Town Portfolio Local Agency Investment Fund $12,034,228.67 20.34% $75 M per State Law Subtotal - Investments 59,155,537.35 100.00%
Reconciled Demand Deposit Balances 15,712,766.28
Total Portfolio Allocation & Treasurer's Cash Balances $74,868,303.63 Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
April 30, 2023
BNY MM
0.32% US Treasury Notes
24.32%
Government Agency Debenture
Notes
31.90%
Corporate Medium Term Bonds
23.1%
Local Agency Investment Fund
20.3%
Portfolio Investment Allocation
$76.1 M $74.9 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 Treasurer's Fund Balances
Apr. 2023 Apr. 2023 Apr. 2023
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:
Cert. of Participation 2002 Series A Reserve Fund $ 688,345.29 $ 2,368.18 $ 690,713.47 Note 1 Cert. Of Participation 2010 Ser A Lease Pymt Fund 31.65 0.04 31.69 Note 1 Cert. of Participation 2002 Lease Payment Fund 8,524.81 29.28 8,554.09 Note 1 Cert. of Participation 2010 Series Reserve Fund 1,304,109.92 4,927.08 1,309,037.00 Note 2 Total Restricted Funds: $ 2,001,011.67 $ - $ 7,324.58 $ - $ 2,008,336.25 CEPPT IRS Section 115 Trust 1,392,175.23 11,137.56 $ 1,403,312.79 Grand Total COP's and CEPPT Trust $ 3,393,186.90 $ - $ 18,462.14 $ - $ 3,411,649.04 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.
Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.
Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.
Note 3: The CEPPT Section IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other p Town of Los Gatos
Non-Treasury Restricted Fund Balances
April 30, 2023
July 2022 $ 60,107.76
August 2022 61,456.65
September 2022 60,153.38
October 2022 68,965.25
November 2022 68,430.71
December 2022 77,485.61
January 2023 80,998.58
February 2023 79,760.25
March 2023 96,693.30
April 2023 97,627.16
May 2023
June 2023
$ 751,678.65
Interest by Month
Town of Los Gatos
Statement of Interest Earned
April 30, 2023
Town of Los Gatos Investment Schedule
April 30, 2023
Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity US Treasury 91282CAP6 US Treasury Note 0.13% 6/30/2021 1,000,000.00 995,390.63 978,670.00 (16,720.63) 10/15/2023 0.33% $ 2,240.44 $ 3,260.06 $ 2,715.23 168 Toyota Motor Credit 89236THA6_1 Corporate Bond 1.35% 04/12/21 500,000.00 510,580.00 494,180.00 (16,400.00) 8/25/2023 0.45% $ 12,618.75 $ 2,780.30 $ 1,903.63 117 Toyota Motor Credit 89236THA6 Corporate Bond 1.35% 1/11/2022 1,100,000.00 1,107,315.00 1,087,196.00 (20,119.00) 8/25/2023 0.94% $ 16,665.00 $ 4,812.29 $ 8,605.51 117 US Treasury 91282CDD0 US Treasury Note 0.38% 1/13/2022 1,100,000.00 1,090,675.78 1,075,547.00 (15,128.78) 10/31/2023 0.85% $ 5,344.27 $ 4,286.54 $ 7,756.60 184 US Treasury 91282CCN9 US Treasury Note 0.13% 1/13/2022 1,200,000.00 1,188,375.00 1,185,192.00 (3,183.00) 7/31/2023 0.75% $ 1,573.37 $ 4,153.18 $ 7,515.27 92 FFCB 3133EKMX1 Gov. Agency Debenture 2.23% 8/2/2019 1,000,000.00 1,014,400.00 978,810.00 (35,590.00) 2/23/2024 1.90% $ 84,925.83 $ 55,756.94 $ 15,945.54 299 FFCB 3133EMBE1 Gov. Agency Debenture 0.30% 10/8/2020 1,600,000.00 1,598,000.00 1,530,960.00 (67,040.00) 3/28/2024 0.34% $ 11,853.34 $ 9,279.41 $ 4,477.68 333 FFCB 3133EMCQ3 Gov. Agency Debenture 0.28% 10/16/2020 2,000,000.00 1,998,000.00 1,956,080.00 (41,920.00) 10/13/2024 0.31% $ 13,953.33 $ 10,396.24 $ 5,081.12 532 Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 1,246,674.00 18,083.00 6/21/2027 4.19% $ 8,587.22 $ - $ 19,220.82 1513 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 971,450.00 (20,510.00) 1/1/2026 3.04% $ 19,750.00 $ - $ 23,845.35 977 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 323,218.00 1,121.12 6/30/2025 3.16% $ 342.39 $ - $ 7,608.66 792 IBM 459200JY8 Corporate Bond 3.00% 3/25/2021 1,000,000.00 1,071,040.00 979,470.00 (91,570.00) 5/15/2024 0.71% $ 49,166.67 $ 9,358.41 $ 6,157.91 381 US Treasury 912828R28 US Treasury Note 1.63% 7/2/2019 500,000.00 497,246.09 500,000.00 2,753.91 4/30/2023 1.77% $ 31,109.04 $ 26,507.80 $ 7,365.97 0 Freddie Mac 3137EAEN5 Gov. Agency Debenture 2.75% 7/19/2019 2,000,000.00 2,072,358.00 1,993,760.00 (78,598.00) 6/19/2023 1.79% $ 187,916.67 $ 107,829.55 $ 30,436.57 50 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 238,331.68 (842.52) 162.25 1/11/2027 3.76% $ (162.25) $ - $ 2,522.43 1352 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 734,376.00 21,810.82 3/31/2026 4.14% $ 3,000.00 $ - $ 17,988.99 1066 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 903,636.00 2,696.40 9/30/2025 4.14% $ 19,125.00 $ - $ 22,034.69 884 US Treasury 91282CDA6 US Treasury Note 0.25% 1/31/2022 1,100,000.00 1,085,222.44 1,079,199.00 (6,023.44) 9/30/2023 1.07% $ 3,195.74 $ 4,781.92 $ 9,691.36 153 US Treasury 91282CAW1 US Treasury Note 0.25% 7/15/2021 1,200,000.00 1,199,437.50 1,170,048.00 (29,389.50) 11/15/2023 0.27% $ 4,002.72 $ 3,107.52 $ 2,699.10 199 American Honda 02665WCZ2 Corporate Bond 2.40% 11/27/2019 1,000,000.00 1,012,410.01 971,400.00 (41,010.01) 6/27/2024 2.12% $ 84,733.34 $ 55,189.68 $ 17,735.37 424 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 482,810.00 8,150.00 3/15/2026 4.70% $ 3,644.44 $ - $ 13,973.10 1050 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 970,360.00 (44,300.00) 7/15/2024 1.64% $ 73,983.33 $ 51,828.99 $ 16,533.07 442 Caterpillar Financial Serv 14913Q2V0 Corporate Bond 2.85% 2/23/2021 1,000,000.00 1,077,370.00 978,800.00 (98,570.00) 5/17/2024 0.44% $ 49,400.00 $ 6,129.72 $ 3,787.47 383 FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 1,064,327.00 (41,506.30) 7/2/2024 1.63% $ 62,081.25 $ 48,706.74 $ 15,001.87 429 US Bancorp 91159HHV5 Corporate Bond 3.38% 12/24/2019 1,000,000.00 1,049,040.00 983,880.00 (65,160.00) 1/5/2024 2.12% $ 105,093.75 $ 54,380.13 $ 17,988.64 250 FHLB 3133834G3 Gov. Agency Debenture 2.13% 3/11/2021 1,400,000.00 1,460,522.00 1,395,702.00 (64,820.00) 6/9/2023 0.19% $ 51,897.22 $ 3,664.98 $ 2,340.66 40 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 966,600.00 (53,180.00) 9/10/2024 1.66% $ 70,431.11 $ 45,130.78 $ 13,957.03 499 PNC Financial 69349LAM0 Corporate Bond 3.80% 2/7/2022 1,000,000.00 1,033,470.00 994,760.00 (38,710.00) 6/25/2023 1.49% $ 36,733.33 $ 5,372.34 $ 11,420.93 56 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 1,102,452.00 (500.40) 8/25/2025 3.04% $ 3,187.50 $ 1,902.68 $ 28,920.70 848 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 1,579,878.00 (4,049.57) 4/30/2025 2.72% $ 6,691.99 $ 9,611.14 $ 36,984.65 731 JP Morgan Chase 46625HJT8 Corporate Bond 3.88% 9/23/2019 1,400,000.00 1,485,414.00 1,387,008.00 (98,406.00) 2/1/2024 2.39% $ 182,038.89 $ 96,022.89 $ 28,873.35 277 American Honda 02665WDH1 Corporate Bond 1.95% 2/14/2020 600,000.00 603,756.00 599,604.00 (4,152.00) 5/10/2023 1.75% $ 33,995.00 $ 25,034.14 $ 8,777.83 10 US Treasury 912828V23 US Treasury Note 2.25% 11/29/2021 1,000,000.00 1,032,933.04 982,660.00 (50,273.04) 12/31/2023 0.66% $ 24,456.52 $ 3,924.44 $ 5,601.09 245 US Treasury 91282CBE0_2 US Treasury Note 0.13% 10/7/2021 1,000,000.00 994,768.98 966,910.00 (27,858.98) 1/15/2024 0.36% $ 1,589.67 $ 2,587.41 $ 2,957.04 260 FHLB 3130ALH98 Gov. Agency Debenture 0.25% 2/26/2021 1,000,000.00 997,610.00 960,100.00 (37,510.00) 2/26/2024 0.33% $ 5,000.00 $ 4,416.63 $ 2,745.72 302 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 1,189,396.00 28,836.60 12/21/2026 4.15% $ 947.92 $ - $ 20,930.11 1331 US Treasury 912828U57 US Treasury Note 2.13% 7/31/2019 1,000,000.00 1,011,875.00 983,870.00 (28,005.00) 11/30/2023 1.84% $ 70,833.33 $ 54,014.24 $ 15,418.15 214 US Treasury 912828X70 US Treasury Note 2.20% 12/30/2019 1,000,000.00 1,010,589.29 972,270.00 (38,319.29) 4/30/2024 1.75% $ 73,703.30 $ 48,922.73 $ 16,289.72 366 US Treasury 912828XT2 US Treasury Note 2.00% 10/31/2019 1,000,000.00 1,015,667.41 970,470.00 (45,197.41) 5/31/2024 1.64% $ 61,639.34 $ 44,208.50 $ 13,812.32 397 American Honda 02665WCQ2 Corporate Bond 3.63% 9/14/2021 950,000.00 1,012,871.00 943,578.00 (69,293.00) 10/10/2023 0.41% $ 54,143.40 $ 3,232.93 $ 3,400.73 163 FFCB 3133EJ3Q0 Gov. Agency Debenture 2.88% 8/28/2019 1,500,000.00 1,587,503.75 1,478,010.00 (109,493.75) 12/21/2023 2.12% $ 142,911.46 $ 64,945.24 $ 19,038.91 235 US Treasury 91282CBE0 US Treasury Note 0.13% 9/15/2021 650,000.00 647,615.46 628,491.50 (19,123.96) 1/15/2024 0.28% $ 1,081.87 $ 1,447.14 $ 1,527.53 260 FHLB 3130APJH9 Gov. Agency Debenture 0.75% 1/17/2023 1,000,000.00 907,010.00 913,210.00 6,200.00 10/28/2026 4.17% $ 2,104.17 $ - $ 9,057.00 1277 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 1,721,029.00 14,297.00 6,044.44 1/6/2028 3.91% $ (6,044.44) $ - $ 14,786.29 1712 Subtotal $ 46,886,000.00 $ 46,932,897.91 $ 45,614,373.18 $ (1,318,524.73) $ 6,206.69 $ 1,671,485.22 $ 876,983.63 $ 545,431.69 BNY MM Money Market 188,410.77 188,410.77 0.00 0.00% 1
LAIF State Investment Pool 12,034,228.67 11,871,890.88 (162,337.79) 2.87% 144,611.64 1 $59,155,537.35 $57,674,674.83 ($1,480,862.52) $6,206.69 $ 1,671,485.22 $ 876,983.63 $ 690,043.33 Matured Assets
IBM 459200HG9 Corporate Bond 8/8/2019 1,000,000.00 995,010.00 8/1/2022 2.05% $ 55,885.42 $ 59,141.32 $ 1,790.47 JP Morgan Chase 46625HJE1 Gov. Agency Debenture 2/11/2020 900,000.00 934,587.00 9/23/2022 1.74% $ 76,537.50 $ 38,210.60 $ 3,733.22 Treasury 912828L57 US Treasury Note 7/22/2019 1,200,000.00 1,197,988.40 9/30/2022 2.09% $ 67,016.39 $ 63,644.66 $ 5,451.87 Treasury 912828M80 US Treasury Note 7/22/2019 1,000,000.00 1,006,175.23 11/30/2022 1.81% $ 67,158.47 $ 53,444.10 $ 7,613.55 BankAmerica Corp 06051GHC6 Corporate Bond 10/9/2020 1,300,000.00 1,366,287.00 12/20/2023 0.66% $ 85,805.92 $ 31,569.88 $ 15,257.94 FFCB 3133EKVF0 Gov. Agency Debenture 1.88% 7/22/2019 1,000,000.00 999,630.00 1/17/2023 1.89% $ 65,364.58 $ 55,482.90 $ 10,383.67 Freddie Mac 3133EKKT2 Gov. Agency Debenture 2.25% 6/24/2019 1,550,000.00 1,573,188.00 2/8/2023 1.82% $ 135,043.75 $ 86,008.42 $ 17,404.61 Total Investments "Matured" $ 61,635.32
Total Interest FY 22_23 Matured and Current $ 751,678.65 Maturity Profile Amount Percent
0-1 year $ 37,001,773.02 63%
1-2 years $10,325,350.01 18%
2-3 years $6,089,101.63 10%
3-5 years $ 5,242,066.60 9%
$58,658,291.26
Security Description Maturity Date Par/Shares Moody Rating S&P Rating Insight ESG Rating Environment Social Governance AMERICAN HONDA FINANCE 1.95% 10MAY2023 5/10/2023 $ 600,000 A3 A- 2 1 3 3 PNC BANK NA 3.8% 25JUL2023 (CALLABLE 25JUN23) 7/25/2023 $ 1,000,000 A3 A- 3 2 4 3 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 8/25/2023 $ 1,600,000 A1 A+ 3 1 3 4 AMERICAN HONDA FINANCE 3.625% 10OCT2023 10/10/2023 $ 950,000 A3 A- 2 1 3 3 JPMORGAN CHASE & CO 3.875% 01FEB2024 2/1/2024 $ 1,400,000 A1 A- 3 1 3 4 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 2/5/2024 $ 1,000,000 A2 A+ 3 3 4 3 IBM CORP 3.0% 15MAY2024 5/15/2024 $ 1,000,000 A3 A- 2 1 2 3 CATERPILLAR FIN SERVICES 2.85% 17MAY24 5/17/2024 $ 1,000,000 A2 A 4 4 3 4 AMERICAN HONDA FINANCE 2.4% 27JUN2024 6/27/2024 $ 1,000,000 A3 A- 2 1 3 3 HONEYWELL INTERNATIONAL 2.3% 15AUG2024 (CALLABLE 15JUL24) 8/15/2024 $ 1,000,000 A2 A 4 4 5 4 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 4/1/2026 $ 1,000,000 A2 A 2 2 2 2 JPMORGAN CHASE & CO 3.2 15JUN2026 (CALLABLE 15MAR2026) 6/15/2026 $ 500,000 A1 A- 3 1 3 4 APPLE INC. 2.9% 12SEP2027 (CALLABLE 12JUN2027) 9/12/2027 $ 1,300,000 Aaa AA+ 4 1 4 5 Total/Average $ 13,350,000 2.8 1.8 3.2 3.5
*ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry.
Town of Los Gatos
Insight ESG Ratings as of April 30, 2023
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure Transfer In
Transfer
Out
GENERAL FUND
Non-Spendable:
Loans Receivable 159,000 - - - - - 159,000
Restricted Fund Balances:
Pension 690,000 - - - - - 690,000
Committed Fund Balances:
Budget Stablization 5,991,566 - - - - - 5,991,566
Catastrphic 5,991,566 - - - - - 5,991,566
Pension/OPEB 300,000 - - - - - 300,000
Assigned Fund Balances:
Open Space 410,000 - - - - - 410,000
Sustainability 140,553 - - - - - 140,553
Capital/Special Projects 11,071,231 (15,498) - - - - 11,055,733 Carryover Encumbrances 33,145 - - - - - 33,145
Compensated Absences 1,519,147 - - - - - 1,519,147
Measure G District Sales Tax 590,581 - - - - - 590,581
Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution - 803,092 7,102,596 (3,390,763) - - 4,514,925 General Fund Total 26,896,789 787,594 7,102,596 (3,390,763) - - 31,396,216 April 2023 Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
July-March
Estimated Fund
Balance
4/30/2023*
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure Transfer In
Transfer
Out
SPECIAL REVENUE
211/212 CDBG 166,654 - - - - - 166,654
222 Urban Runoff (NPDES) 451,558 111,854 29,996 (13,214) - - 580,194 231-236 Landscape & Lighting Districts 174,236 4,174 - (2,333) - - 176,077 241 ARPA - 3,614,872 - - - - 3,614,872
251 Los Gatos Theatre 19,500 4,090 14,350 (12,184) - - 25,756 711-716 Library Trusts 555,254 (20,208) 92 (2,374) - - 532,764 Special Revenue Total 1,367,202 3,714,782 44,438 (30,105) - - 5,096,317
CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 14,783,787 (90,422) 74,058 (290,071) - - 14,477,352 421 Grant Funded Projects (948,603) 647,205 - (6,912) - - (308,310) 461-463 Storm Basin Projects 3,218,811 (114,977) 4,500 (1,265) - - 3,107,069 471 Traffic Mitigation Projects 405,570 - 109 (109) - - 405,570 472 Utility Undergrounding Projects 3,302,514 68,041 - - - - 3,370,555 481 Gas Tax Projects 1,836,068 (654,662) 121,175 - - - 1,302,581 Capital Projects Total 22,598,147 (144,815) 199,842 (298,357) - - 22,354,817
INTERNAL SERVICE FUNDS
611 Town General Liability 803,292 (494,474) - (14,313) - - 294,505 612 Workers Compensation 1,295,185 (15,866) 15,469 - - - 1,294,788 621 Information Technology 2,990,932 104,316 2,853 (34,116) - - 3,063,985 631 Vehicle & Equipment Replacement 2,222,395 119,565 52,939 (80,150) - - 2,314,749 633 Facility Maintenance 928,481 (43,338) - (112,437) - - 772,706 Internal Service Funds Total 8,240,285 (329,797) 71,261 (241,016) - - 7,740,733 Trust/Agency
942 RDA Successor Agency (7,607,527) (1,635,203) - (141) - - (9,242,871) Trust/Agency Fund Total (7,607,527) (1,635,203) - (141) - - (9,242,871) Total Town 51,494,896 2,392,561 7,418,137 (3,960,382) - - 57,345,212 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries.
Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $966,070 111-23521 BMP Housing deposit account balance $3,887,661 Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
July-March
April 2023 Estimated Fund
Balance
4/30/2023*
Weighted Average YTM Portfolio Yield on Investments
under Management 2.93%
Weighted Average Maturity (days) 388
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $75,243,382 $74,868,304 $76,336,706 Managed Investments $47,187,891
Local Agency Investment Fund $12,034,229
Reconciled Demand Deposit Balances $16,021,263
Portfolio Allocation & Treasurer's Cash Balances $75,243,382 Benchmarks/ References:
Town's Average Yield 2.93% 2.77% 1.27%
LAIF Yield for month 2.99% 2.87% 0.68%
3 mo. Treasury 5.42% 5.08% 1.08%
6 mo. Treasury 5.46% 5.04% 1.58%
2 yr. Treasury 4.41% 4.01% 2.56%
5 yr. Treasury (most recent) 3.76% 3.49% 2.82%
10 Yr. Treasury 3.65% 3.43% 2.85%
Town of Los Gatos
Summary Investment Information
May 31, 2023
0 - 1 year
66%
1 - 2 years
15%
2 - 3 years
9%
3 - 5 years
10%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated February 21, 2023 and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
ATTACHMENT 2
Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 74,868,303.63 $72,886,942.83 Receipts 4,550,302.80 60,601,728.46
Disbursements (4,175,224.08) (58,245,288.94)
Cash & Investment Balances - End of Month/Period $75,243,382.35 $75,243,382.35 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $58,106.65 0.10% 20% of Town Portfolio
US Treasury Notes $13,891,140.16 23.46% No Max. on US Treasuries Government Agency Debenture Notes $19,560,407.15 33.03% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,678,237.01 23.10% 30% of Town Portfolio Local Agency Investment Fund $12,034,228.67 20.32% $75 M per State Law Subtotal - Investments 59,222,119.64 100.00%
Reconciled Demand Deposit Balances 16,021,262.71
Total Portfolio Allocation & Treasurer's Cash Balances $75,243,382.35 Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
May 31, 2023
BNY MM
0.10% US Treasury Notes
23.46%
Government Agency Debenture
Notes
33.03%
Corporate Medium Term Bonds
23.1%
Local Agency Investment Fund
20.3%
Portfolio Investment Allocation
$76.3 M $75.2 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Treasurer's Fund Balances
May. 2023 May. 2023 May. 2023
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:
Cert. of Participation 2002 Series A Reserve Fund $ 690,713.47 $ 2,404.35 $ 693,117.82 Note 1 Cert. Of Participation 2010 Ser A Lease Pymt Fund 31.69 0.06 31.75 Note 1 Cert. of Participation 2002 Lease Payment Fund 8,554.09 29.76 8,583.85 Note 1 Cert. of Participation 2010 Series Reserve Fund 1,309,037.00 4,762.98 1,313,799.98 Note 2 Total Restricted Funds: $ 2,008,336.25 $ - $ 7,197.15 $ - $ 2,015,533.40 CEPPT IRS Section 115 Trust 1,403,312.79 (20,191.18) $ 1,383,121.61 Grand Total COP's and CEPPT Trust $ 3,411,649.04 $ - $ (12,994.03) $ - $ 3,398,655.01 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.
Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.
Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.
Note 3: The CEPPT Section IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other p Town of Los Gatos
Non-Treasury Restricted Fund Balances
May 31, 2023
July 2022 $ 60,107.76
August 2022 61,456.65
September 2022 60,153.38
October 2022 68,965.25
November 2022 68,430.71
December 2022 77,485.61
January 2023 80,998.58
February 2023 79,760.25
March 2023 96,693.30
April 2023 97,627.16
May 2023 106,872.54
June 2023
$ 858,551.19
Interest by Month
Town of Los Gatos
Statement of Interest Earned
May 31, 2023
Town of Los Gatos Investment Schedule
May 31, 2023
Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity US Treasury 91282CAP6 US Treasury Note 0.13% 6/30/2021 1,000,000.00 995,390.63 980,860.00 (14,530.63) 10/15/2023 0.33% $ 2,240.44 $ 3,260.06 $ 2,992.11 137 Toyota Motor Credit 89236THA6_1 Corporate Bond 1.35% 04/12/21 500,000.00 510,580.00 495,570.00 (15,010.00) 8/25/2023 0.45% $ 12,618.75 $ 2,780.30 $ 2,097.75 86 Toyota Motor Credit 89236THA6 Corporate Bond 1.35% 1/11/2022 1,100,000.00 1,107,315.00 1,090,254.00 (17,061.00) 8/25/2023 0.94% $ 16,665.00 $ 4,812.29 $ 9,483.05 86 US Treasury 91282CDD0 US Treasury Note 0.38% 1/13/2022 1,100,000.00 1,090,675.78 1,077,527.00 (13,148.78) 10/31/2023 0.85% $ 5,344.27 $ 4,286.54 $ 8,547.57 153 US Treasury 91282CCN9 US Treasury Note 0.13% 1/13/2022 1,200,000.00 1,188,375.00 1,189,644.00 1,269.00 7/31/2023 0.75% $ 1,573.37 $ 4,153.18 $ 8,281.63 61 FFCB 3133EKMX1 Gov. Agency Debenture 2.23% 8/2/2019 1,000,000.00 1,014,400.00 978,410.00 (35,990.00) 2/23/2024 1.90% $ 84,925.83 $ 55,756.94 $ 17,571.57 268 FFCB 3133EMBE1 Gov. Agency Debenture 0.30% 10/8/2020 1,600,000.00 1,598,000.00 1,534,416.00 (63,584.00) 3/28/2024 0.34% $ 11,853.34 $ 9,279.41 $ 4,934.29 302 FFCB 3133EMCQ3 Gov. Agency Debenture 0.28% 10/16/2020 2,000,000.00 1,998,000.00 1,962,680.00 (35,320.00) 10/13/2024 0.31% $ 13,953.33 $ 10,396.24 $ 5,599.26 501 Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 1,239,407.00 10,816.00 6/21/2027 4.19% $ 8,587.22 $ - $ 23,769.26 1482 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 965,490.00 (26,470.00) 1/1/2026 3.04% $ 19,750.00 $ - $ 26,593.33 946 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 321,919.50 (177.38) 6/30/2025 3.16% $ 342.39 $ - $ 8,502.10 761 IBM 459200JY8 Corporate Bond 3.00% 3/25/2021 1,000,000.00 1,071,040.00 976,750.00 (94,290.00) 5/15/2024 0.71% $ 64,166.67 $ 9,358.41 $ 6,785.86 350 Freddie Mac 3137EAEN5 Gov. Agency Debenture 2.75% 7/19/2019 2,000,000.00 2,072,358.00 1,996,860.00 (75,498.00) 6/19/2023 1.79% $ 187,916.67 $ 107,829.55 $ 33,540.30 19 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 236,210.04 (2,964.16) 162.25 1/11/2027 3.76% $ (162.25) $ - $ 3,281.61 1321 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 730,344.00 17,778.82 3/31/2026 4.14% $ 3,000.00 $ - $ 20,619.45 1035 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 896,922.00 (4,017.60) 9/30/2025 4.14% $ 19,125.00 $ - $ 25,256.74 853 US Treasury 91282CDA6 US Treasury Note 0.25% 1/31/2022 1,100,000.00 1,085,222.44 1,081,476.00 (3,746.44) 9/30/2023 1.07% $ 3,195.74 $ 4,781.92 $ 10,679.63 122 US Treasury 91282CAW1 US Treasury Note 0.25% 7/15/2021 1,200,000.00 1,199,437.50 1,172,580.00 (26,857.50) 11/15/2023 0.27% $ 5,502.72 $ 3,107.52 $ 2,974.34 168 American Honda 02665WCZ2 Corporate Bond 2.40% 11/27/2019 1,000,000.00 1,012,410.01 969,540.00 (42,870.01) 6/27/2024 2.12% $ 84,733.34 $ 55,189.68 $ 19,543.91 393 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 476,590.00 1,930.00 3/15/2026 4.70% $ 3,644.44 $ - $ 15,951.02 1019 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 968,410.00 (46,250.00) 7/15/2024 1.64% $ 73,983.33 $ 51,828.99 $ 18,219.01 411 Caterpillar Financial Serv 14913Q2V0 Corporate Bond 2.85% 2/23/2021 1,000,000.00 1,077,370.00 976,370.00 (101,000.00) 5/17/2024 0.44% $ 63,650.00 $ 6,129.72 $ 4,173.69 352 FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 1,064,547.00 (41,286.30) 7/2/2024 1.63% $ 62,081.25 $ 48,706.74 $ 16,531.67 398 US Bancorp 91159HHV5 Corporate Bond 3.38% 12/24/2019 1,000,000.00 1,049,040.00 983,360.00 (65,680.00) 1/5/2024 2.12% $ 105,093.75 $ 54,380.13 $ 19,823.01 219 FHLB 3133834G3 Gov. Agency Debenture 2.13% 3/11/2021 1,400,000.00 1,460,522.00 1,399,020.00 (61,502.00) 6/9/2023 0.19% $ 51,897.22 $ 3,664.98 $ 2,579.34 9 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 964,890.00 (54,890.00) 9/10/2024 1.66% $ 70,431.11 $ 45,130.78 $ 15,380.28 468 PNC Financial 69349LAM0 Corporate Bond 3.80% 2/7/2022 1,000,000.00 1,033,470.00 996,670.00 (36,800.00) 6/25/2023 1.49% $ 36,733.33 $ 5,372.34 $ 12,585.56 25 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 1,097,664.00 (5,288.40) 8/25/2025 3.04% $ 3,187.50 $ 1,902.68 $ 31,869.85 817 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 1,573,758.00 (10,169.57) 4/30/2025 2.72% $ 6,691.99 $ 9,611.14 $ 40,756.11 700 JP Morgan Chase 46625HJT8 Corporate Bond 3.88% 9/23/2019 1,400,000.00 1,485,414.00 1,385,482.00 (99,932.00) 2/1/2024 2.39% $ 182,038.89 $ 96,022.89 $ 31,817.67 246 US Treasury 912828V23 US Treasury Note 2.25% 11/29/2021 1,000,000.00 1,032,933.04 982,380.00 (50,553.04) 12/31/2023 0.66% $ 24,456.52 $ 3,924.44 $ 6,172.25 214 US Treasury 91282CBE0_2 US Treasury Note 0.13% 10/7/2021 1,000,000.00 994,768.98 968,240.00 (26,528.98) 1/15/2024 0.36% $ 1,589.67 $ 2,587.41 $ 3,258.58 229 FHLB 3130ALH98 Gov. Agency Debenture 0.25% 2/26/2021 1,000,000.00 997,610.00 962,850.00 (34,760.00) 2/26/2024 0.33% $ 5,000.00 $ 4,416.63 $ 3,025.71 271 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 1,184,586.00 24,026.60 12/21/2026 4.15% $ 947.92 $ - $ 25,227.02 1300 US Treasury 912828U57 US Treasury Note 2.13% 7/31/2019 1,000,000.00 1,011,875.00 984,300.00 (27,575.00) 11/30/2023 1.84% $ 81,458.33 $ 54,014.24 $ 16,990.40 183 US Treasury 912828X70 US Treasury Note 2.20% 12/30/2019 1,000,000.00 1,010,589.29 970,900.00 (39,689.29) 4/30/2024 1.75% $ 73,703.30 $ 48,922.73 $ 17,950.84 335 US Treasury 912828XT2 US Treasury Note 2.00% 10/31/2019 1,000,000.00 1,015,667.41 968,830.00 (46,837.41) 5/31/2024 1.64% $ 71,639.34 $ 44,208.50 $ 15,220.81 366 American Honda 02665WCQ2 Corporate Bond 3.63% 9/14/2021 950,000.00 1,012,871.00 942,723.00 (70,148.00) 10/10/2023 0.41% $ 54,143.40 $ 3,232.93 $ 3,747.52 132 FFCB 3133EJ3Q0 Gov. Agency Debenture 2.88% 8/28/2019 1,500,000.00 1,587,503.75 1,477,920.00 (109,583.75) 12/21/2023 2.12% $ 142,911.46 $ 64,945.24 $ 20,980.38 204 US Treasury 91282CBE0 US Treasury Note 0.13% 9/15/2021 650,000.00 647,615.46 629,356.00 (18,259.46) 1/15/2024 0.28% $ 1,081.87 $ 1,447.14 $ 1,683.30 229 FHLB 3130APJH9 Gov. Agency Debenture 0.75% 1/17/2023 1,000,000.00 907,010.00 905,730.00 (1,280.00) 10/28/2026 4.17% $ 2,104.17 $ - $ 11,782.89 1246 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 1,706,069.00 (663.00) 6,044.44 1/6/2028 3.91% $ (6,044.44) $ - $ 20,445.24 1681 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.04% 5/1/2023 750,000.00 689,032.50 684,607.50 (4,425.00) 296.88 9/23/2025 3.97% $ (296.88) $ - $ 2,111.04 846 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 601,356.00 (7,500.00) 9,321.67 1/12/2028 4.34% $ (9,321.67) $ - $ 1,441.44 1687 Subtotal $ 47,136,000.00 $ 47,129,784.32 $ 45,753,468.04 $ (1,376,316.28) $ 15,825.24 $ 1,648,137.63 $ 825,441.69 $ 600,778.37 BNY MM Money Market 58,106.65 58,106.65 0.00 0.00% 1
LAIF State Investment Pool 12,034,228.67 11,871,890.88 (162,337.79) 2.99% 175,860.52 1 $59,222,119.64 $57,683,465.57 ($1,538,654.07) $15,825.24 $ 1,648,137.63 $ 825,441.69 $ 776,638.89 Matured Assets
IBM 459200HG9 Corporate Bond 1.88% 8/8/2019 1,000,000.00 995,010.00 8/1/2022 2.05% $ 55,885.42 $ 59,141.32 $ 1,790.47 JP Morgan Chase 46625HJE1 Gov. Agency Debenture 3.25% 2/11/2020 900,000.00 934,587.00 9/23/2022 1.74% $ 76,537.50 $ 38,210.60 $ 3,733.22 Treasury 912828L57 US Treasury Note 1.75% 7/22/2019 1,200,000.00 1,197,988.40 9/30/2022 2.09% $ 67,016.39 $ 63,644.66 $ 5,451.87 Treasury 912828M80 US Treasury Note 2.00% 7/22/2019 1,000,000.00 1,006,175.23 11/30/2022 1.81% $ 67,158.47 $ 53,444.10 $ 7,613.55 BankAmerica Corp 06051GHC6 Corporate Bond 3.00% 10/9/2020 1,300,000.00 1,366,287.00 12/20/2023 0.66% $ 85,805.92 $ 31,569.88 $ 16,813.84 FFCB 3133EKVF0 Gov. Agency Debenture 1.88% 7/22/2019 1,000,000.00 999,630.00 1/17/2023 1.89% $ 65,364.58 $ 55,482.90 $ 10,383.67 Freddie Mac 3133EKKT2 Gov. Agency Debenture 2.25% 6/24/2019 1,550,000.00 1,573,188.00 2/8/2023 1.82% $ 135,043.75 $ 86,008.42 $ 17,404.61 US Treasury 912828R28 US Treasury Note 1.63% 7/2/2019 500,000.00 497,246.09 4/30/2023 1.77% $ 31,109.04 $ 26,507.80 $ 7,365.97 American Honda 02665WDH1 Corporate Bond 1.95% 2/14/2020 600,000.00 603,756.00 5/10/2023 1.75% $ 39,845.00 $ 25,034.14 $ 9,066.57 Total Investments "Matured" $ 79,623.77
Total Interest FY 22_23 Matured and Current $ 856,262.66 Maturity Profile Amount Percent
0-1 year $ 39,426,712.19 67%
1-2 years $8,750,278.29 15%
2-3 years $5,194,206.56 9%
3-5 years $ 5,850,922.60 10%
$59,222,119.64