ITEM NO. 6.
TITLE: Town Vehicle and Equipment Acquisition and
Replacement Policy
PAGE:
3 of3
POLICY NUMBER:
4-05
private donations are treated and serviced as part of the Town's fleet and are exempt from Town funding for replacement unless directed otherwise by Council approval.
F. VEHICLE AND EQUIPMENT DISPOSAL:
Disposal may take place by sending the item to a public auction house after removing all useful after-market accessories (e.g. mobile radios, emergency light bars). When possible, staff will try to offer specialized vehicles, such as Police patrol cars, to agencies that need such equipment but may not be able to purchase new equipment. Prior to the disposal of vehicle or equipment, the Parks and Public Works Department will determine if reassignment to another department or another use is warranted.
G. RESPONSIBILITY:
All applicable departments within the Town of Los Gatos who are assigned vehicles or motorized equipment may be involved in the procurement/disposal process.
1. Finance personnel and the Town Manager shall review the equipment replacement list annually to ensure that replacement costs for vehicles and equipment are current and in-line with long-term replacement needs.
2. Each Department is responsible for requesting vehicle or equipment replacement during the annual budget process.
3. The Parks and Public Works Department will prepare vehicle specifications for all Town Departments except the Police Department. Specifications for Police Patrol vehicles will be developed jointly by the Parks and Public Works Department and the Police Department.
4. The Parks and Public Works Department will review all Town specifications for vehicles and motorized equipment.
5. Disposal or reassignment of surplus vehicles and equipment will be coordinated by the Parks and Public Works Department.
ITEM NO. 6.
1 ATTACHMENT 7
DRAFT RESOLUTION 2025-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO ACCEPT THE 2025-26
CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT PROGRAM (CTFGP) AWARD FOR THE LOS GATOS-MONTE SERENO POLICE DEPARTMENT IN THE AMOUNT OF $248,955.98,
AUTHORIZE THE EXECUTION OF THE ASSOCIATED GRANT AGREEMENT, AND DIRECT THE
IMPLEMENTATION OF THE GRANT-FUNDED ACTIVITIES
WHEREAS, the State of California, through the California Highway Patrol (CHP), administers the Cannabis Tax Fund Grant Program (CTFGP) under the Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64), providing grant funding to local law enforcement agencies for the prevention and enforcement of impaired driving laws and related training and equipment; and
WHEREAS, the Town of Los Gatos, through its Police Department, applied for CTFGP funding for Fiscal Year 2025-26 to support enhanced Driving Under the Influence (DUI) and Driving Under the Influence of Drugs (DUID) enforcement, officer training, and the acquisition of two marked patrol vehicles and related equipment; and WHEREAS, on June 13, 2025, the Los Gatos-Monte Sereno Police Department was notified of conditional approval for CTFGP funding in the amount of $248,955.98; and WHEREAS, the Town Manager, with the concurrence of the Mayor and pursuant to Town Council Resolution 2022-051, is authorized to accept grant agreements exceeding $100,000 during Council recess when necessary to avoid loss of funding or program delay; and WHEREAS, the CTFGP Grant Agreement (Award No. 23354) requires documentation of governing body authorization for acceptance and execution of the grant agreement and implementation of all program requirements, including compliance with project scope, reporting, equipment management, and records retention requirements as set forth in Title 13, California Code of Regulations, Division 2, Chapter 13, Sections 1890.00-1890.27; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos as follows:
1. The submission of the CTFGP application for the grant program funding on behalf of the Town of Los Gatos is hereby ratified and approved.
2. The Town of Los Gatos hereby accepts an award of the CTFGP grant in the amount of $248,955.98 from the California Highway Patrol.
3. The Town hereby agrees to comply with each and all of the terms, conditions, and limitations of the CTFGP.
ITEM NO. 6.
2 ATTACHMENT 7
4. The Town Manager or designee is hereby authorized and directed, on behalf of the Town, to execute any documents related to acceptance of the CTFGP funding or implementation of the CTFGP, including, without limitation, agreements, amendments, extensions, and other documents.
5. The Town Manager, Police Chief, and all relevant staff are authorized and directed to:
o Implement all grant-funded activities in accordance with the grant agreement, grant application, and program regulations;
o Ensure grant funds are used exclusively for the eligible costs of DUI/DUID enforcement, officer training (SFST, ARIDE, DRE), and acquisition/outfitting of two new DUI patrol vehicles as detailed in the approved budget; o Maintain all required records, submit timely quarterly and closeout reports, and comply with all audit and inventory requirements, including retention of records for a minimum of five years following grant completion; o Use grant-funded vehicles and equipment primarily for DUI/DUID enforcement and education for a minimum of six years, and follow all grant requirements for disposition of equipment.
6. The Town of Los Gatos acknowledges receipt of $248,955.98 in state grant funds on a reimbursement basis, with no required local match, and assumes responsibility for all ongoing operating and maintenance costs for the grant-funded vehicles in accordance with Town policies and grant terms.
7. The Town Manager or designee is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfers, and/or distributions of funds on behalf of the Town as are necessary and appropriate to carry out the purpose and intent of this Resolution.
8. CTFGP funds received hereunder shall not be used to supplant ongoing law enforcement expenditures.
9. The Town Council finds that acceptance and implementation of this grant is not a project subject to the California Environmental Quality Act (CEQA).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4
th day of August 2025 by the following vote:
ITEM NO. 6.
3 ATTACHMENT 7
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 6.
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 7
DATE: July 31, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute the First Amendment to the Agreement for Services with DIXON Resources Unlimited for Services Related to the Downtown Parking Program to Increase the Total Compensation to $485,297 and Extend the Term to June 30, 2028, and Make Associated Revenue and Expenditure Budget Transfers RECOMMENDATION: Staff Recommends that Town Council Authorize the Town Manager to:
a. Execute the First Amendment to the Agreement for Services (Attachment 1) with DIXON Resources Unlimited in relation to the Downtown Parking Program to increase the total
compensation to $485,297 and extend the term to June 30, 2028; and
b. Authorize revenue and expenditure budget transfers in the amount of $19,618 from CIP Project 4118148 (Legacy Program 813-0242) Parking Implementation Program Project to Parks & Public Works operating program 5201.
FISCAL IMPACTS:
The total not-to-exceed amount for the amended agreement is $485,297, which includes the original contract amount of $168,955 for services from April 2024 through August 2025, future program management services through June 30, 2028, and two one-time tasks: a parking occupancy study and a transition and implementation plan. The cost of FY 2025-26 (September 2025 through June 2026) program management ($80,000), the occupancy study task ($22,208), and the implementation planning task ($13,410) totaling $115,618 will be funded through existing appropriations in the Parks and Public Works adopted FY 2025-26 Operating Budget Program 5201 ($96,000 account 1115201-63234) and the recommended budget transfer from CIP Project Parking Implementation Program Project CIP# 813-0242 ($19,618 project org
ITEM NO. 7.
PAGE 2 OF 6
SUBJECT: First Amendment to Agreement for Services with DIXON Resources Unlimited DATE: July 31, 2025
4118148). Funding for subsequent fiscal years of program management ($98,880 for FY 2026- 27 and $101,844 for FY 2027-28) will be subject to future budget approvals. The agreement supports continued implementation of the Downtown Parking Roadmap and related Town Council priorities without requiring the addition of new Town staff positions.
STRATEGIC PRIORITIES:
Work associated with the proposed action supports the Core Goal of Quality Public Infrastructure and the Strategic Priority related to managing Downtown Parking.
BACKGROUND:
On March 19, 2019, the Town Council approved an agreement with DIXON Resources Unlimited (Dixon) for a Comprehensive Downtown Parking Study.
After receiving an update and providing input on the study on August 20, 2019, the Town Council received the final Parking Roadmap1 on December 17, 2019. Implementation of the Roadmap has been ongoing since that time, and addressing concerns related to Downtown parking remains a Town Council priority.
On August 15, 2023, the Town Council received a report on Parking Program Implementation and acted on certain items. Those items included changes to the residential permit parking program charges, eliminating employee parking permit fees for the Olive Zone, and allocating up to $200,000 to fund a limited-term (one-year) Parking Coordinator position to continue implementing the Downtown Parking Program.
On March 5, 2024, the Town Council authorized the Town Manager to execute an agreement with Dixon in the amount of $168,955 to provide parking management services for the Town of Los Gatos for a period of 17 months in lieu of hiring the limited-term Parking Coordinator.
Through that agreement, Dixon has provided support to the Town for a flat monthly fee, and Dixon staff have been serving as an extension of Town staff since April 2024.
On March 4, 2025, the Town Council received a report on the progress of the parking initiatives since March 2024 and authorized staff to continue using Dixon’s services in-lieu of hiring a Parking Coordinator as a Town Employee, and took actions related to timed parking in the Downtown area.
Since the April 2024 inception of this current agreement with Dixon, the parking program has accomplished the following:
1 https://www.losgatosca.gov/DocumentCenter/View/23807/Los-Gatos-Parking-Roadmap
ITEM NO. 7.
PAGE 3 OF 6
SUBJECT: First Amendment to Agreement for Services with DIXON Resources Unlimited DATE: July 31, 2025
1. Begun the transition of parking program management from the Los Gatos Monte Sereno Police Department to the Parks and Public Works Department (with enforcement remaining with the Police Department);
2. Transitioned primary support for parking permit processing to the existing provider, Turbo Data Systems, to enhance the permit application process for residential and employee parking permit holders and reduce the burden on staff;
3. Updated the Town’s parking-related website to clarify and streamline the information being provided;
4. Converted the Downtown employee parking program to an annual permit program;
5. Extended Downtown employee parking permit restrictions to include Saturdays and coordinated the installation of redesigned employee parking signage in all Downtown Parking lots;
6. Supported the installation of the Downtown Wayfinding and Signage project;
7. Assessed parking regulations and related signage throughout Downtown and the Olive Zone and reconciled via Town Council Resolution;
8. Responded to numerous concerns and assessed the business parking impacts in the Olive Zone;
9. Prepared a comparable cities analysis of parking violations, fines, and related fees; and
10. Completed a review of the Town’s Residential Parking Permit (RPP) program’s policies to prepare for the development of updated policies and regulations to optimize program management and enhance services to the community.
DISCUSSION:
Staff recommend that the Dixon agreement for program management services be extended, and the addition of two one-time tasks that will be completed in fall 2025. These are described below. The one-time tasks include: 1) assessment of parking occupancy and inform policies; and 2) development of a transition plan to document how the work related to parking will be split between Parks and Public Works and the Los Gatos Monte Sereno Police Department.
Ongoing Annual Services
Through this agreement, Dixon serves as an extension of Parks and Public Works staff. Work under this task is charged as a lump sum monthly fee for which Dixon provides ongoing program management support services. These services include general support in answering community questions, coordinating with community members and staff as necessary, website updates, vendor coordination with TurboData and Tannery Creek, analyzing parking conditions throughout the Downtown and Olive Zone, evaluating and updating signage for consistency with current regulations and ordinance, and evaluating the residential and employee parking permit programs. The Dixon team leads bi-weekly coordination meetings with Town staff from PPW, Police, and Economic Vitality to discuss all aspects of parking and foster communication between Departments.
ITEM NO. 7.
PAGE 4 OF 6
SUBJECT: First Amendment to Agreement for Services with DIXON Resources Unlimited DATE: July 31, 2025
As part of the ongoing program management work, staff and Dixon have identified certain additional services that are important to advance the implementation of a comprehensive parking program for Downtown. These services are outside the scope of normal program management.
Parking Occupancy
Modern parking management policy development is rooted in up-to-date parking utilization information. Parking occupancy data collected in 2019 during the development of the Parking Roadmap was completed by manual counts. During and following the COVID-19 pandemic, driver and consumer habits changed considerably, which may have changed parking demand in the Downtown. This proposed task would allow for updated occupancy counts in a study area extending from Broadway in the south to past Blossom Hill Road in the north; and from approximately Tait Avenue to the west and Loma Alta Avenue in the east.
The proposed plan would leverage the Town’s existing license plate recognition (LPR) equipment to gather parking utilization information over the course of 30 days. The LPR equipment used will be those currently in use for parking enforcement. The LPR equipment is currently attached to the parking enforcement vehicles and will continue to be used in this same manner throughout the course of the analysis period. Information gathered from the Town’s LPR equipment will be combined with a targeted two-day collection effort using a secondary mobile LPR device, provided by Dixon. Both the Town and Dixon LPR equipment would gather parking occupancy, turnover, and length of stay information across the study area, which includes some of the most congested commercial and residential on and off-street parking areas near downtown Los Gatos.
Vehicle license plate information will be strictly anonymized to maintain privacy, and the information collected will be coupled with aerial imagery, collected by FAA-certified drone operators, to capture a detailed understanding of parking dynamics near downtown.
Information collection under this item is strictly for modeling and management purposes and will not be used for any type of enforcement. All information collected using the Town’s LPR equipment will be submitted from the LPR vendor directly to Dixon without passing through the Town of Los Gatos. Information collected by Dixon LPR equipment and drones will be held by Dixon, and the information will be anonymized by Dixon during the course of the modeling work.
The information collected will be modeled by Dixon to assess parking occupancy and length of stay. This information will then be used to determine parking policies and congestion management strategies, such as time-limited spaces and permit parking policies.
Transition Planning
Town staff have requested that Dixon prepare a parking program management transition and implementation plan. The process of transitioning the parking program management from PD
ITEM NO. 7.
PAGE 5 OF 6
SUBJECT: First Amendment to Agreement for Services with DIXON Resources Unlimited DATE: July 31, 2025
to PPW was started in 2024 and is ongoing. With a series of retirement-related staffing changes anticipated in PD within the next six to 12 months, it has become critical to complete the transition of program management to PPW, and staff have requested Dixon’s support in this effort.
The transition plan would identify key roles and responsibilities and provide critical dates and milestones to finalize the necessary changes. The plan will provide guidance on multiple facets of the transition, planning for anticipated staff retirements and opportunities to expand and/or enhance contracted services to reduce administrative demands for Town staff. The plan will also include recommendations related to the procurement and implementation of parking technology that can better serve the parking needs of the Los Gatos community.
Building on the data collection work mentioned above, updated financial modeling and revenue estimates will be prepared to assist Town staff in exploring parking revenue sources and examining costs and benefits related to the recommended parking technologies and solutions.
Amended Contract Costs:
Existing agreement total costs: $168,955
Recommended contract amendment costs:
Annual Monthly Costs (Agreement Exhibit A)
Year 1 (9/1/25 to 6/30/26, 10 months $8,000/mo) $80,000 Year 2 (7/1/26 to 6/30/27, 12 months $8,240/mo*) $98,880 Year 3 (7/1/27 to 6/30/28, 12 months $8,487/mo*) $101,844 Data Collection (Agreement Exhibit B) $22,208
Implementation Planning (Agreement Exhibit C) $13,410
Amended NTE Total $485,297
*Pricing includes a 3% annual increase each fiscal year and pending future budget authorizations.
CONCLUSION:
The proposed amendment to the Dixon agreement will provide the resources needed to continue management of the Downtown Parking Program and develop the analyses and policies needed to improve the program.
COORDINATION:
This report was coordinated with the Los Gatos Monte Sereno Police Department, Dixon, the Town Attorney, and the Finance Director.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 7.
PAGE 6 OF 6
SUBJECT: First Amendment to Agreement for Services with DIXON Resources Unlimited DATE: July 31, 2025
Attachments:
1. First Amendment to Agreement for Services with Exhibits A, B, C, and D
ITEM NO. 7.
Amendment to Agreement
Dixon Resources Unlimited
AMENDMENT TO AGREEMENT
PREAMBLE
This First Amendment to Agreement for Consultant Services is dated for identification on this 5th Day of August 2025, and amends that certain Agreement for Consultant Services dated March 5, 2024, made by and between the Town of Los Gatos, ("Town,") and the DIXON Resources Unlimited (“Consultant”) identified as an S Corporation and whose address is 1519 E Chapman Ave #200 Fullerton, CA 92831.
I. RECITALS
A. Town and Consultant entered into Agreement for Consultant Services Agreement on March 4, 2024, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit D to this Amendment.
B. Town desires to amend the Agreement to Town desires to amend the Agreement to provide additional scope of services, extend the term and add to the compensation.
II. AMENDMENT
A. Section 2.1 Scope of Services is hereby amended to add the services described in the proposals submitted to the Town of Los Gatos incorporated by reference and as shown in Exhibits A, B and C, dated May 27, 2025, July 14, 2025 and July 14, 2025.
B. Section 2.2 Term and Time of Performance is hereby amended to read: This contract will remain in effect upon execution to June 30, 2028. Consultant shall perform the services described in this agreement as described in Exhibits a during that time. Services described in Exhibits B and C will be completed by March 31, 2026.
C. Section 2.6 Compensation is hereby replaced and shall read: Compensation for Consultant's professional services described in Exhibit A plus the original agreement amount, shall be paid on a lump sum basis and shall not exceed $449,679, inclusive of all costs and pending future budget appropriations. Compensation for Consultant's professional services described in Exhibit B and C shall not exceed $35,618 inclusive of all costs. Total compensation under this agreement therefore shall not exceed $485,297.
Payment shall be based upon Town approval of each
invoice.
D. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
ITEM NO. 7.
Amendment to Agreement
Dixon Resources Unlimited Page 133
ITEM NO. 7.
Amendment to Agreement
Dixon Resources Unlimited
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos by:
________________________________________
Chris Constantin, Town Manager
DIXON Resources Unlimited by:
________________________________________
Julianne Dixon, President
Recommended by:
________________________________________
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
________________________________________
Gabrielle Whelan, Town Attorney
Attest:
________________________________________
Wendy Wood, CMC, Town Clerk
Attachments:
A - Exhibit A to Attachment 1
B - Exhibit B to Attachment 1
C - Exhibit C to Attachment 1
D - Exhibit D to Attachment 1
ITEM NO. 7.
Exhibits List
A - Exhibit A to Attachment 1
B - Exhibit B to Attachment 1
C - Exhibit C to Attachment 1
D - Exhibit D to Attachment 1
ITEM NO. 7.
Exhibit A
Exhibit A to Attachment 1
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Program Management Support Services Page 1 of 3 Proposal – Ongoing Program Management
Support Services
To: Nicolle Burnham, Town of Los Gatos
From: Dixon Resources Unlimited
Date: May 27, 2025
Subject: Proposal for Ongoing Program Management Support Services Dixon Resources Unlimited (DIXON) is pleased to present this proposal to provide ongoing program management support services to the Town of Los Gatos (Town). Our team is proud to have partnered with the Town on a number of parking initiatives, and we are excited to continue our support. Most recently, we have been working with Town staff to advance the implementation of Downtown Parking Roadmap strategies and Town Council directives. This includes reviewing and enhancing permit parking programs, expanding off-street parking lot time limits to include Saturdays, and installing wayfinding signage downtown. The following scope of work details our proposal to provide ongoing program management support.
Task 1. Program Management Support
DIXON will continue to assist the Town with various parking initiatives as needed. Below is a summary of the services we can provide.
Task 1.1 Project Management & Meetings
Your dedicated DIXON project manager will
lead the coordination and execution of all
support activities. Throughout the
engagement, DIXON and the Town will
collaboratively identify key initiatives, define
tasks, and establish clear objectives. We will
conduct virtual bi-weekly meetings with the
Town to track assignments and review
progress.
Task 1.2 Support Initiatives
DIXON’s support will focus on strategic initiatives that impact municipal parking management, including, but not limited to:
• Optimize the Town’s Residential Parking Permit (RPP) program, including recommendations for code, policy, and permit fee adjustments, including lowincome rates, temporary visitor passes, and potential discounts for households without off-street parking.
• Update the employee permit program, including recommended policies and permit fees to support cost recovery.
Task 1. Deliverables
• Dedicated Project Manager.
• Virtual bi-weekly project
management calls.
• Support the Town’s parking
program initiatives as outlined in
this proposal.
• Monthly reports and bi-weekly
meeting notes.
• Includes up to one (1) site visit
per month.
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Program Management Support Services Page 2 of 3 • Evaluate, assess, and recommend changes to parking conditions, signage, and wayfinding in the Town's parking areas, including Downtown, Olive, RPP zones, and areas near Los Gatos High School.
• Provide ongoing support for the transition of parking permit management from the Police Department to Parks and Public Works.
• Assist with the design and implementation of parking congestion management strategies and the development of internal tools to measure program performance and effectiveness, including recommendations for collecting parking utilization data.
• Support community engagement, public outreach, and education efforts, and attend Town Council meetings virtually, as needed.
• Support the implementation of paid parking in various locations, including Oak Meadow Park, Downtown, and the Olive Zone, as directed by Town Council, including evaluating and making recommendations related to parking fees, paid parking technology, and mobile payment solutions.
• Develop data-driven parking management recommendations related to current and future parking programs utilizing the results from targeted or ongoing data collection studies, if available.
Task 1.3 Onsite Support
Your DIXON project manager will be on-site once a month throughout the engagement. During site visits, we will engage with stakeholders and representatives to support ongoing initiatives. We will participate in Town Council presentations as required.
Task 1.4 Reporting
DIXON will deliver a monthly report outlining the specific activities completed and results achieved. Additionally, notes and action items from weekly meetings will be shared to ensure accountability.
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Program Management Support Services Page 3 of 3 Cost Proposal
This cost proposal is based on a program management model designed to provide the Town with the direct support needed each month. The proposal presented below is inclusive of all DIXON staff costs and any travel or incidental expenses required. Refer to the table below for pricing by fiscal year.
*Pricing includes a 3% annual increase each fiscal year Cost Estimate
Fiscal Year Description Cost
Sep ’25 –
Jun ‘26 Program Management Support Services $8,000 per month Jul ’26 –
Jun ‘27 Program Management Support Services $8,240
per month
Jul ’27 –
Jun ‘28 Program Management Support Services $8,487
per month
Total Year 1
Total Year 2
Total Year 3
$80,000
$98,880
$101,844
ITEM NO. 7.
Exhibit B
Exhibit B to Attachment 1
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Data Collection Services Page 1 of 4 Proposal – Parking Data Collection Services
To: Nicolle Burnham, Town of Los Gatos
From: Dixon Resources Unlimited
Date: July 14, 2025
Subject: Proposal for Parking Data Collection Services
Dixon Resources Unlimited (DIXON) is pleased to present this proposal to provide parking data collection services using our DIXON Data Suite® Rapid LPR Tool to the Town of Los Gatos (Town). We are currently working with the Town in developing a comprehensive data collection plan to support several of the Town’s parking initiatives.
Accurate, reliable parking data is critical to modern parking programs, and our proven approach ensures high-quality, actionable results. DIXON’s Data Team specializes in parking inventory and utilization analysis for municipalities nationwide. To maximize efficiency and cost-effectiveness, we use the DIXON Data Suite® Rapid LPR Tool, integrating mobile license plate recognition (LPR) and drone technology to deliver detailed occupancy and turnover insights.
Proposed Scope of Services
Task 1. Project Setup
As part of our ongoing work with the Town,
DIXON has already completed several
initial tasks for this project. We have
confirmed the Study Area—covering
approximately 300 block faces and 19 offstreet facilities (see Figure 1)—completed a comprehensive parking inventory,
developed data collection routes, and
initiated coordination with the Town’s LPR
provider. Final configuration of the Rapid
LPR Tool will occur once data collection
begins, enabling the processing and
visualization of data gathered under Task 2.
Task 1. Deliverables
• Study Area confirmation (completed)
• Inventory collection and database
provided in Excel and GIS formats
(completed)
• Data collection route development (completed)
• Rapid LPR Tool setup and configuration
Figure 1. Project Study Area
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Data Collection Services Page 2 of 4 Task 2. Data Collection
Our team will collaborate with the Town to develop and implement a data collection plan that utilizes vehicle-mounted LPR equipment and drones to capture parking occupancy and turnover data in the Study Area.
Our approach is designed to ensure that comprehensive data is available for this project.
• DIXON-led LPR Data Collection – Our team will conduct on-site field data collection using LPR on one (1) weekday and one (1) weekend day, during morning, mid-day, afternoon, and evening times.
• DIXON Drone Image Collection – Our team will also perform on-site drone image collection. Drone imagery has proven to be a highly effective tool for illustrating parking conditions, providing a clear visual reference that reinforces the data findings. Our FAA Certified Drone Pilot will be on site to collect images on the same two days and times as the LPR data collection. • Town LPR Data Integration – Where feasible, we will also integrate up to one (1) month of LPR data provided by the Town to enhance the final analysis.
Task 2. Deliverables
• Data collection plan
• DIXON-led LPR data collection
• DIXON drone image collection
• Town LPR data integration, up to one (1) month of LPR data provided by the Town Figure 2. Drone Image of Windsor, Colorado
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Data Collection Services Page 3 of 4 Task 3. Data Analysis and Web Dashboard
The mobile LPR data collected within the
defined Study Area will be uploaded and
visualized within our reporting and analytics
platform, the DIXON Data Suite®, as shown in
Figure 3. The Town will have access to an
interactive web dashboard to view the results
and analysis, including trends by location, time
of day, and day of the week. Metrics such as
parking occupancy, length of stay, and repeat
parking patterns will be included.
Task 3. Deliverables
• The Town will retain access to the dashboard for an additional six (6) months following the end of the contract to review historical results • DIXON will host a meeting with the Town at the conclusion of the project to review and interpret the results
Optional - Ongoing Rapid LPR Tool Services
If desired, DIXON can provide ongoing Rapid LPR Tool services to the Town. Our approach to data collection ensures high-quality, comprehensive, and year-round results by utilizing the Town’s mobile LPR equipment and enforcement staff. By integrating data gathering into routine enforcement activities, DIXON can provide ongoing analysis at a fraction of the cost of periodic, short-term studies. This strategy delivers continuous insights that enhance the Town’s ability to manage parking efficiently and effectively.
Deliverables
• Ongoing data processing and analysis of Town’s mobile LPR data gathered through routine enforcement or targeted data collection efforts • Web dashboard access
• Monthly data summaries and quarterly meetings to review results Figure 3. Examples of the DIXON Data Suite®
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Data Collection Services Page 4 of 4 Cost Proposal
This cost proposal follows a flat fee structure, with a total budget allocated by task. The prices listed below are all inclusive, covering the full scope of services required to achieve the Town’s objectives, including all DIXON staff and travel costs associated with contract deliverables. DIXON utilizes milestone billing, invoicing upon completion of each task. Our approach is flexible and tailored to the Town’s priorities, ensuring all deliverables are completed on time and within the agreed-upon budget.
Cost Estimate
Milestone/Task Description Estimated
Cost
1 Project Setup (final configuration of Rapid LPR Tool) $3,010 2 Data Collection $16,203
3 Data Analysis and Web Dashboard $2,995
Total $22,208
Optional Services
At the Town’s request, DIXON is prepared to support additional ongoing Rapid LPR Tool services. Pricing for these optional services is described below:
Description Estimated
Cost
Ongoing Rapid LPR Tool Services $2,295
per month
ITEM NO. 7.
Exhibit C
Exhibit C to Attachment 1
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Program Management Support Services Page 1 of 3 Proposal – Parking Program Transition &
Implementation Plan
To: Nicolle Burnham, Town of Los Gatos
From: Dixon Resources Unlimited
Date: July 14, 2025
Subject: Proposal for Parking Program Implementation Support Dixon Resources Unlimited (DIXON) is pleased to submit this proposal for parking program implementation support services for the Town of Los Gatos (Town). Our uniquely qualified firm specializes in supporting parking and mobility programs across the country, consistently proving our ability to identify and implement operations, management, and technology recommendations to transition municipal parking operations to long-term, sustainable programs.
Task 1. Project Management
DIXON’s assigned Project Manager, Elliott Holt,
will lead the coordination and execution of all
support activities. Throughout the engagement,
DIXON and the Town will collaboratively identify
key initiatives, define tasks, and establish clear
objectives. We will conduct monthly virtual
meetings with Town staff to track progress,
address any issues, and keep all parties aligned. Our team will provide meeting agendas and post-meeting notes, addressing the project schedule, budget status, and presenting the project’s next steps to ensure timely completion of all project tasks.
Task 2. Draft Implementation Plan
Our team will develop a Parking Program
Transition and Implementation Plan (Plan)
detailing the interdepartmental transition of
parking program oversight from the Los GatosMonte Sereno Police Department to the Parks and Public Works Department. The Plan will include the identification of key milestones and provide suggested phasing for the efficient transition of parking program services.
DIXON will work with the Town to prepare a draft Plan that will include guidelines on the following topics:
• Roles and responsibilities
• Data-driven policy development
• Enforcement optimization
• Vendor contract review and expansion
• Solicitation and specification development
• Procurement and implementation of parking technology and services Task 1. Deliverables
• Dedicated Project Manager
• Monthly virtual project
management calls and
meeting notes
Task 2. Deliverables
• Draft Implementation Plan
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Program Management Support Services Page 2 of 3 Task 3. Financial Modeling
DIXON will work with the Town to refresh the
financial modeling and parking revenue estimates
originally developed for the 2019 Parking
Roadmap and the 2023 Roadmap Refresh. DIXON
will leverage our Financial Modeling Tool and all
existing workbooks to update the previously
forecasted parking revenues and expenditures, taking into account all parking utilization information, as available.
The DIXON Financial Modeling Tool allows for the adjustment of many variables, including equipment costs, operating days/hours, permit types, occupancy rates, and compliance rates as applicable. Equipment costs can be forecast based on the types of technologies considered, as well as estimated installation costs, meter warranties, software fees, and credit card processing fees as applicable.
Figure 1. DIXON Financial Modeling Tool
Task 4. Final Implementation Plan
Our team will circulate the draft Plan to Town staff
and stakeholders to gather feedback and
comments. DIXON will incorporate that feedback
into a revised draft and prepare a final Plan. Our
goal is to deliver an actionable plan that provides
clear roles and responsibilities, recommendations on timing, and suggested milestones to support Town staff with the transition of parking program oversight.
Task 3. Deliverables
• Updated Financial Modeling
Tool
Task 4. Deliverables
• Final Implementation Plan
ITEM NO. 7.
DIXON | Proposal for Town of Los Gatos – Program Management Support Services Page 3 of 3 Cost Proposal
This cost proposal is based upon a Time & Materials (T&M) approach to ensure that the project is managed in the most cost-effective and efficient manner. There is an NTE amount, and we will deliver within that budget, customizing our solution to focus on what the project needs to achieve its objectives and adapting in order to ensure that the task is completed within the agreed-upon budget and timing. The budget includes all required travel or related expenses, which are based upon GSA standards and will be billed per Town requirements and guidelines.
Hourly Billing Rates
Classification Labor Rate Per Hour
Principal-in-Charge $255/hr.
Principal $235/hr.
Senior Associate $185/hr.
Associate $165/hr.
Cost Estimate
Task Description Cost
1 Project Management $2,065
2 Draft Implementation Plan $5,300
3 Financial Modeling $3,205
4 Final Implementation Plan $2,840
Total $13,410
ITEM NO. 7.
Exhibit D
Exhibit D to Attachment 1
ITEM NO. 7.
Agreement for Consultant Services
Dixon Resources Unlimited
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification on March 5, 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Dixon Resources Unlimited (“Consultant”), a California Corporation, whose address is 3639 Midway Drive, Suite B345 San Diego, CA 92110. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide services to Parking Program Management Services.
1.2 The 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 the Town and dated February 22, 2024 which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect upon execution to December 31, 2025. Consultant shall perform the services described in this agreement as described in Exhibit A.
2.3 Compliance with Laws. The 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
ITEM NO. 7.
Agreement for Consultant Services
Dixon Resources Unlimited
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 individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The 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 $168,955, inclusive of all costs. Payment shall be based upon Town approval of each invoice and billed on a per month basis based on percentage of work complete.
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 and tasks completed. in consideration of Consultant's performance in a satisfactory and efficient manner, as determined solely by the Director, for all services set forth in this Agreement, City agrees to pay Consultant at a rate of $9,938.53 per month for seventeen months. In no event will the City pay more than $168,955 as total compensation for the Agreement. No additional fees or expenses of Consultant shall be charged by Consultant nor be payable by City.
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
Email: [email protected]
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.
ITEM NO. 7.
Agreement for Consultant Services
Dixon Resources Unlimited
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, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject 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: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ITEM NO. 7.
Agreement for Consultant Services
Dixon Resources Unlimited
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. The Town, its elected and appointed officials, employees, and, agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
ITEM NO. 7.
Agreement for Consultant Services
Dixon Resources Unlimited
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 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, 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. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
ITEM NO. 7.
Agreement for Consultant Services
Dixon Resources Unlimited
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Dixon Resources Unlimited
3639 Midway Drive, Suite B345
San Diego, CA 92110
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
ITEM NO. 7.
Agreement for Consultant Services
Dixon Resources Unlimited
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
Consultant, by:
Julianne Dixon, President
Dixon Resources Unlimited
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
ITEM NO. 7.
Prepared by Dixon Resources Unlimited
Program
Management
Support
Services
(Revised)
Proposal
Town of Los Gatos, CA
February 22, 2024
EXHIBIT A
DocuSign Envelope ID: FDD48C8F-7D0C-4BD1-B50C-348536592962
ITEM NO. 7.
DIXON | Program Management Support Services - Los Gatos Page 1 of 3 Proposal for Program Management Support
To: Nicolle Burnham, Parks & Public Works Director, Town of Los Gatos From: Dixon Resources Unlimited
Date: February 22, 2024
Subject: Revised Proposal for Program Management Support Services Dixon Resources Unlimited (DIXON) is pleased to submit this revised proposal to provide program management consulting services to the Town of Los Gatos (Town).
Our uniquely qualified firm specializes in supporting parking and mobility programs across the country, consistently proving our ability to identify and implement operations, management, and technology recommendations to transition municipal parking operations to long-term, sustainable programs.
We have direct, hands-on experience acting as interim parking manager and supporting municipal programs to manage the ongoing optimization of parking programs, including policy updates, permit management, use of technology, and community engagement and education.
For the City of Seal Beach, we assisted in the complete overhaul of the City’s parking program as the interim Parking Manager, overseeing the transition of parking management between city departments, installation of turnkey parking technology, and ongoing community engagement, which resulted in the City being awarded Parking Today’s 2019 “Innovative Use of Technology” Award.
In the City of Ventura, we have assisted as interim Parking Coordinator to assist the City through municipal code and parking policy updates, participating in regular meetings of the City’s Downtown Parking Advisory Committee, and assisting the City as it contemplates the implementation of paid parking and congestion management strategies in their on- and off-street parking locations.
DIXON has provided on-call parking consulting for the City of Monterey since 2018.
This project is a great example of how we personify the “Parking Coach” mentality, providing hands-on collaboration with the City to thoroughly evaluate staffing challenges, provide customized recommendations for parking technology and solutions, and offer full support in the installation and implementation of equipment and services.
We have the resources and experience to help the Town manage the assist with hiring qualified parking staff, optimizing the parking program and policies, implementing parking program adjustments and enhancements, and providing critical engagement with the community to provide education, build consensus on policy changes, and promote long-term success of the parking program.
Proposed Scope of Services
The following work plan details the technical approach, methodology, specific tasks, and associated deliverables that our team will perform.
DocuSign Envelope ID: FDD48C8F-7D0C-4BD1-B50C-348536592962
ITEM NO. 7.
DIXON | Program Management Support Services - Los Gatos Page 2 of 3 Task 1. Interim Parking Coordinator Services
DIXON will serve as the interim Parking Coordinator to support the Town’s parking operations and program initiatives for a period of approximately seventeen (17) months, until August 31, 2025, with options to extend on a month-to-month basis.
We will assign a dedicated Project Manager and who will work directly with the Parks & Public Works Director and other assigned Town staff to provide program management support for the Town’s parking programs and assist in implementing the Town’s immediate parking initiatives, including but not limited to, on- and off-street parking operations, residential parking permit fees, employee parking permit policy and related signage, coordinate community outreach and public engagement as necessary, and perform related work as assigned.
DIXON is prepared to support, but not limited to, the following core services:
• Assisting with the hiring process for a full-time Parking Coordinator position. • Optimization of the Town’s residential parking permits processes and developing recommendations for permit fee adjustments.
• Employee permit program policy updates and related community outreach. • Ongoing implementation of the wayfinding program, including related signage enhancements in Downtown and Olive Zone areas.
• Assessment of parking related signage, design, and painting and developing recommendations for adjustments or improvements as necessary. • Participate in Town Council meetings, as requested.
• Coordinate public outreach, as required.
Additionally, our team is prepared to support, but not limited to, the following projects as budget allows:
• Evaluate the feasibility of alternative fees for residential parking permits, including low-income rates and potential discounts for households without off-street parking, as well as temporary visitor passes.
• Evaluate the parking conditions adjacent to Los Gatos High School, including the Olive Zone and nearby residential parking areas and prepare recommendations to optimize the use of existing parking supply.
• Assist with transition of parking permit management from the Police Department to Public Works.
• Coach City staff on how to develop an internal measurement tool to assess ongoing program performance and effectiveness.
• Implementation of parking congestion management strategies to manage parking demand.
• Assisting with public outreach and education related to parking program updates.
Task 1. Deliverables
• Assign a Project Manager to serve as the single point of contact for overall communications and project coordination with the Town.
DocuSign Envelope ID: FDD48C8F-7D0C-4BD1-B50C-348536592962
ITEM NO. 7.
DIXON | Program Management Support Services - Los Gatos Page 3 of 3 • Conduct a virtual project kickoff meeting and bi-weekly calls. • Assist in the hiring of a full-time Parking Coordinator. • Provide support for the Town’s overall parking program; our support will include the core services and will extend to the parking initiatives outlined in this proposal as budget allows.
• Includes up to two (2) site visits per month.
• Participate in Town Council meetings, as requested.
Cost Proposal
This cost proposal is based upon a program management model that will provide the Town with the direct support needed to ensure an efficient and optimized parking operation, especially for the long term. Our terms can be customized based upon the Town’s priorities.
Our monthly program management pricing model is inclusive and adaptive. The rates presented below include all services necessary to accomplish the Town’s objectives, incorporate DIXON staff costs, and any travel/incidental expenses required to produce the deliverables under the contract. The Town will be invoiced monthly at one consistent flat monthly rate.
We have supported many similar projects and understand the labor required to support your initial, ongoing, and developing parking program needs. This approach allows for flexibility, optimization, and convenience, regardless of the phase or task.
Program Management Pricing
The total, flat monthly rate is detailed below:
Cost Estimate: DIXON Program Management Pricing Model
Task Description Monthly Fixed Fee
1 Interim Parking Coordinator Services
• Assign a Project Manager
• Virtual project kickoff meeting and bi-weekly calls
• Assist in the hiring of a full-time Parking
Coordinator
• Provide support for the Town’s overall parking
program; our support will include the core
services and will extend to the parking initiatives
outlined in this proposal as budget allows
• Includes up to two (2) site visits per month
• Participate in Town Council meetings, as
requested
$9,938.53
Total Cost
17 months from Contract Date
$168,955
DocuSign Envelope ID: FDD48C8F-7D0C-4BD1-B50C-348536592962
ITEM NO. 7.
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 8
DATE: July 31, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Fourth Amendment to the Agreement for Services with Traffic Management, Inc., for the 2025 Holiday Traffic Road Closures RECOMMENDATION: Approve the Fourth Amendment to the Agreement for Services with Traffic Management, Inc., (Attachment 1) increasing the contract amount by $41,607.64 to cover the 2025 Halloween and Children’s Holiday Parade road closures and traffic control services, for a total contract amount not to exceed $135,400.64.
FISCAL IMPACTS:
The recommended Fourth Amendment increases the total contract with Traffic Management, Inc. by $41,607.64, resulting in a new not-to-exceed amount of $135,400.64. Funding for this amendment is included in the adopted FY 2025–26 Operating Budget Program 2106 (1112106- 62435), and no additional appropriation is required.
STRATEGIC PRIORITIES:
This project supports the Core Goals of Community Character and Public Safety.
BACKGROUND:
On February 7, 2023, the Town Council approved a series of event-related actions, including support and budget allocation for hiring a professional traffic control vendor to assist Town staff with road closure and traffic control services for two special events: the Halloween road closures (including the Almond Grove and Johnson Avenue neighborhoods) and the annual Children’s Holiday Parade downtown.
The Town requested qualifications and cost estimates from several professional traffic
ITEM NO. 8.
PAGE 2 OF 3
SUBJECT: Fourth Amendment to the Agreement with Traffic Management, Inc.
DATE: July 31, 2025
management companies and selected Traffic Management, Inc. (TMI) as they have specific experience in the logistics related to road closures and traffic management for special events.
On September 21, 2023, the Town Manager executed the Agreement for Services in the amount of $16,895.34.
On November 8, 2023, the Town Manager executed the First Amendment to the Agreement, increasing the total compensation to $50,000 and modifying the scope to address the extensive requirements associated with the Children’s Holiday Parade.
On August 20, 2024, the Town Council authorized the Town Manager to execute the Second Amendment, increasing the compensation to $93,793 and extending the term to January 31, 2025. The second amendment authorized work for the 2024 Halloween road closures and the 2024 Annual Children’s Holiday Parade.
On January 21, 2025, the Town Council authorized the Town Manager to execute a Third Amendment, extending the contract term to August 29, 2025.
TMI has provided services for both events in 2023 and 2024 and has demonstrated the ability to work effectively with staff to execute these complex road closures.
DISCUSSION:
After two successful years of working with TMI for holiday road closures, staff requested a quote for the 2025 Halloween and Children’s Holiday Parade events. Based on prior performance and familiarity with Town needs, staff negotiated a cost of $37,825.13 for 2025 services (Exhibit A) with an extension of the agreement through August 31, 2026. Staff recommends adding 10% of the 2025 Holiday Road Closure costs ($3,782.51) to cover any unforeseen traffic control issues that might occur during the events. Therefore, staff requests that the Town Council approve the fourth amendment to the agreement for services with Traffic Management, Inc., increasing the contract amount by $41,607.64 to cover the 2025 Halloween and Children’s Holiday Parade’s road closure and traffic control services, for a total contract amount not to exceed $135,400.64. The proposed fourth amendment extends the agreement through August 31, 2026, amends the scope of work, and increases the total amount of the agreement to include the revised scope of work for the 2025 holiday road closures.
CONCLUSION:
Approval of this amendment will allow the Town to continue working with TMI to provide traffic control services for the 2025 Halloween road closures and the annual Children’s Holiday Parade.
ITEM NO. 8.
PAGE 3 OF 3
SUBJECT: Fourth Amendment to the Agreement with Traffic Management, Inc.
DATE: July 31, 2025
COORDINATION:
This report was developed in collaboration with the Town Manager’s Office of Economic Vitality, the Police Department, and the Parks and Public Works Department.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Fourth Amendment to the Agreement for Services with Traffic Management, Inc., including Exhibit A.
ITEM NO. 8.
Fourth Amendment to Agreement for Services
Traffic Management, Inc.
AMENDMENT TO AGREEMENT
PREAMBLE
This Fourth Amendment to Agreement of Services is dated for identification this 5 th day of
August 2025, and amends that certain Third Amendment to Agreement of Services dated January 21, 2025, made by and between the Town of Los Gatos, ("Town,") and the Traffic Management, Inc. (“Service Provider”) identified as an S Corporation and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815.
I. RECITALS
A. Town and Consultant entered into Agreement of Services Agreement on September 21, 2023, (“Agreement”), a First Amendment to Agreement for Services on November 28, 2023, a Second Amendment to Agreement for Services on August 20, 2024, a Third Amendment to Agreement for Services on January 21, 2025.
B. Town desires to amend the Agreement to increase the scope of services, extend the term and time of performance, and add to the compensation of the agreement.
II. AMENDMENT
A. Section 2.1 Scope of Services is amended to read as follows:
Service Provider shall provide services as described in that certain Proposal dated April 10, 2025 for the Tait Halloween Closure, the Johnson Halloween Closure, and the Holiday Parade Closure, which is hereby incorporated by reference and attached as Exhibit A.
B. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from August 29, 2025 to August 31, 2026.
C. Section 2.6 Compensation is amended to read:
Compensation for Service Provider’s professional services shall be increased by $37,825.132 plus 10% of the 2025 Holiday Road Closure costs ($3,782.51) to cover any unforeseen traffic control issues that might occur during the events, increasing the contract amount by $41,607.64, for a total agreement amount not to exceed $135,400.64. Payment shall be based upon Town approval of each task based on Exhibit A.
D. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
ITEM NO. 8.
Fourth Amendment to Agreement for Services
Traffic Management, Inc.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos by:
________________________________________
Chris Constantin, Town Manager
Traffic Management, Inc. by:
________________________________________
Darla Lersch, Manager, Contracts
Recommended by:
________________________________________
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
________________________________________
Gabrielle Whelan, Town Attorney
Attest:
________________________________________
Wendy Wood, CMC, Town Clerk
ITEM NO. 8.
Customer
Job
# Item Details Qty Unit Price FSC Tax Total
1 Tait Halloween Closure
2 Tait Halloween Closure
TS9310
Traffic Control Operation Crew Rates are based on four (4) traffic controllers (flaggers) for seven (7) hours onsite with one (1) pickup truck each, equipped to service two-way flagging and other typical closures. Onsite hourly rate includes one (1) mobilization of labor, traffic control devices listed below, traffic control operations (installation, maintenance, or removal), Prevailing Wage Rates, & Normal Time, Weekday Rates (M-F).
Please see terms and conditions for additional information. Towable equipment such as FAS, CMS, and Portable Light Towers are not included with standard TC Operation Services. Additional Equipment rates when needed, will be billed separately.
1.00(LS) $5,040.00 LS $5,040.00
3 Tait CMS Rental Package
RM1000
One week rental of two (2) towable message boards (CMS) for the Tait Halloween closure
1.00(LS) $314.05 wk $314.05
4 Johnson Halloween Closure
5 Johnson Halloween Closure
TS9310
Traffic Control Operation Crew Rates are based on six (6) traffic controllers (flaggers) for seven (7) hours onsite with one (1) pickup truck each, equipped to service two-way flagging and other typical closures. Onsite hourly rate includes one (1) mobilization of labor, traffic control devices listed below, traffic control operations (installation, maintenance, or removal), Prevailing Wage Rates, & Normal Time, Weekday Rates (M-F).
Please see terms and conditions for additional information. Towable equipment such as FAS, CMS, and Portable Light Towers are not included with standard TC Operation Services. Additional Equipment rates when needed, will be billed separately.
1.00(LS) $7,560.00 LS $7,560.00
6 Johnson CMS Rental
RM1000
Additional rent:
$436.00/dy;$1,272.00/wk;$2,704.00/mo(4wk)
1.00(wk) $411.08 wk $411.08
7 Holiday Parade Closure
Office: San Jose
Phone: 877-763-5999
Fax:
Address: 690 Quinn Ave
San Jose, CA 95112
www.trafficmanagement.com
Customer: Town of Los Gatos
Phone:
Fax:
Address: 41 Miles Ave, Los Gatos, CA 95030
Billing Address: 41 Miles Ave, Los Gatos, CA 95030
Customer Job/Ref #:
Contact Name: Gary Heap
Direct Phone: (408) 857-5780
Cell: (408) 857-5780
Email: [email protected]
Job #: N/A
Project Name: Special Events
Location: E Main St, Los Gatos, CA 95030
Start Date: 10/31/2025 5:00 PM
Duration: 3 events
Scope: Special Events
Office Name: San Jose
Prevailing Wage
Union
Public Works
Weekday Work
Project Labor Agreement
4/10/2025
Quote #113293
Page: 1 of 2
ITEM NO. 8.
8 Holiday Parade Closure
TS9310
Installation of rented, leased, or purchased traffic control devices described in line item #xx. Price based on a mobilization of up to forty (40) miles from the nearest TMI office and up to XXX (X) hours on site. Any additional scope or standby time preventing installation at the scheduled time (due to equipment in roadway, incomplete contractor work, etc.) will be billed at $xxx/hr for crew. Customer must be present to sign off on the receipt quantities or will assume responsibility for TMI's documentation after the fact. Removal, rental, lease, purchase, lost or damaged equipment, equipment maintenance, and setup re-installation or modification not included.
**Same Day Cancellation Fee: $xxx.00**
1.00(LS) $23,072.00 LS $23,072.00
9 Holiday Parade CMS Rental Package
RM1000
One week rental of six (6) towable message boards (CMS) for the Holiday Parade closure
1.00(LS) $1,428.00 wk $1,428.00
# Item Details Qty Unit Price FSC Tax Total
Sub Total $37,825.13
Tax (9.38%) 0
Total $37,825.13
Standard Terms & Conditions
1) Although TMI maintains standard general liability, workers compensation, and other insurance coverages, additional costs may be incurred for the issuance of insurance certificates that require special wording, endorsements, or additional coverages or policy changes. 2) Information provided herein should be relied on for estimating purposes only. 3) This estimate is based on information available and/or provided at the time of the estimate request, such as current permit rates and requirements from public agencies, and is subject to change without notice. 4) TMI reserves the right to modify this estimate should the scope of the project change or additional information is provided. 5) Unless otherwise specified, individual line items and rates are based on acceptance of the estimate as a whole. Significant changes in quantities, addition/deletion of line-items, or selection of single line-items may result in price changes. 6) Prices are valid for up to 60 days. 7) All orders for standard traffic control and equipment (without permit or posting requirements), will require at least three working days advance notice; additional time may be required for non-standard and/or large scale traffic control. General availability of traffic control is not guaranteed and is subject to availability and schedule of TMI crews and equipment. Allow up to 14 working days for traffic plan turn-around (from time of order to initial submittal.) Agency approval and turn-around time of traffic control plans may vary and cannot be guaranteed. 8) Permit approval and timeline often vary from Agency to Agency and no guarantee of approval or approval timeline is represented. 9) Compensation will be charged for jobs that require special safety training requirements and security clearance. 10) Unless stated otherwise, this estimate is based on work being performed during normal field working hours (7:00am to 3:30pm) Monday through Friday. Additional costs will be incurred and invoiced for after hours work, weekend and/or holidays. 11) ACCEPTANCE OF THIS ESTIMATE: Unless otherwise agreed in writing, acceptance of this estimate shall authorize TMI to perform all work as stated, and this document shall serve as the binding contract, subject to the terms and conditions herein. 12) FUEL SURCHARGE: A fuel surcharge may be applied to any services requiring travel, transportation or mobilization. 13) RENTAL PROTECTION PROGRAM: All rental orders will be automatically enrolled in Rental Protection Plan (RPP) unless opted out by customer. If customer opts out of RPP, customer assumes sole responsibility for damaged or lost equipment. RPP is not available for registered motor vehicles such as TMA's and traffic control trucks. RPP surcharge will only be applied to equipment rental charges, and not be applied to delivery, installation, removal, or other labor and service charges. RPP Coverage Exclusions: Lost, stolen, or missing equipment; damage resulting from customer misuse or negligence; damages of any kind to third parties.
Exclusions
Tax,Encroachment Permits,Traffic Control Plans,Traffic Signal Plans,Posting of "No Parking" Signs,Lost or damaged equipment,Equipment maintenance,Business and/or resident notfication,Temporary striping or striping removal,Prevailing wage labor rates,Construction fencing,Steel/trench plates,Changeable message signs (CMS),Custom signage,Replacement or modification of existing facilities Estimator Eric Duncan Customer Signature
4/10/2025
Date Prepared
Page: 2 of 2
ITEM NO. 8.
PREPARED BY: Suray Nathan
Assistant Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 9
DATE: July 31, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Deny a Request to Demolish an Existing Accessory Structure and Construct a New Accessory Structure Exceeding 1,000 Square Feet in Gross Floor Area and Site Improvements Requiring a Grading Permit on Property Zoned HR-2½. Located at 16511 Cypress Way. APN 532-24-004. Architecture and Site Application S-24-045. Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures. Property Owners: Jackie and Scott Kolander. Applicant: Michael Harris. Project Planner: Suray Nathan.
RECOMMENDATION: Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Deny a Request to Demolish an Existing Accessory Structure and Construct a New Accessory Structure Exceeding 1,000 Square Feet in Gross Floor Area and Site Improvements Requiring a Grading Permit on Property Zoned HR-2½. Located at 16511 Cypress Way. APN 532-24-004. Architecture and Site Application S-24-045.
Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures. Property Owners: Jackie and Scott Kolander. Applicant: Michael Harris. Project Planner: Suray Nathan.
RECOMMENDATION:
Adopt a resolution (Attachment 1) granting an appeal of a Planning Commission decision to deny a request to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area and site improvements requiring a Grading Permit on property zoned HR-2½, located at 16511 Cypress Way.
ITEM NO. 9.
PAGE 2 OF 2
SUBJECT: 16511 Cypress Way/S-24-045
DATE: July 31, 2025
FISCAL IMPACT:
None. Denying or granting the appeal does not in itself result in an impact to the Town’s budget.
STRATEGIC PRIORITIES:
None.
DISCUSSION:
On June 17, 2025, the Town Council directed staff to prepare a resolution granting the appeal of a decision of the Planning Commission with the following findings:
1. The Town Council finds that there was an error by the Planning Commission in denying the Architecture and Site application, not due to their fault, but the lack of a site visit due to the difficulty in finding the location or a locked gate denied them a greater understanding of the scope of the project to make a sound decision.
2. The Town Council finds that the site improvements, such as firewalls, sprinklers, and one water tank feeding a streetside fire hydrant, minimize the potential adverse fire hazard for the neighbors and the Town.
3. The Town Council finds that an exception to the cut and fill can be granted as the constraints of the existing topography restrict the expansion of the garage on the existing pad, and the proposed garage will not be out of character with the hillside.
ENVIRONMENTAL REVIEW:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Section 15303(a): New Construction or Conversion of Small Structures.
ATTACHMENTS:
1. Draft Resolution Granting the Appeal of a Planning Commission Decision
ITEM NO. 9.
DRAFT RESOLUTION 2025-___
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING
A REQUEST TO DEMOLISH AN EXISTING ACCESSORY STRUCTURE AND CONSTRUCT A NEW ACCESSORY STRUCTURE EXCEEDING 1,000 SQUARE FEET IN GROSS FLOOR
AREA AND SITE IMPROVEMENTS REQUIRING A GRADING PERMIT ON PROPERTY ZONED HR-2½.
APN: 532-24-004
ARCHITECTURE AND SITE APPLICATION: S-24-045
PROPERTY LOCATION: 16511 CYPRESS WAY
APPELLANT: SCOTT KOLANDER
PROPERTY OWNERS: SCOTT AND JACKIE KOLANDER
APPLICANT: MICHAEL HARRIS
WHEREAS, on April 23, 2025, the Planning Commission held a public hearing and considered a request to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area and site improvements requiring a grading permit on property zoned HR-2½;
WHEREAS, Town Code Section 12.20.015 (b) requires applying for a grading permit for any land disturbance of fifty (50) cubic yards or greater of graded material (combined total of cut and fill);
WHEREAS, the Planning Commission was unable to make the required finding that the project was in compliance with the Hillside Development Standards and Guidelines due to the excessive depth of cut needed to construct the proposed accessory structure and denied the Architecture and Site application;
WHEREAS, Planning Commission decisions are appealable in accordance with Town Code Section 29.20.275, which requires that the appellant demonstrate error or abuse of discretion; WHEREAS, abuse of discretion can be demonstrated if the decision was not based upon substantial evidence;
WHEREAS, on April 30, 2025, the appellant/property owner filed a timely appeal of the decision of the Planning Commission denying the request to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area and site improvements requiring a grading permit on property zoned HR-2½, indicating that there was an error or abuse by the Planning Commission and that the Planning Commission’s decision Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 1
ITEM NO. 9.
is not supported by substantial evidence in the record; WHEREAS, this matter came before the Town Council for a public hearing on June 17, 2025, and was regularly noticed in conformance with state and Town law; 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 materials contained in the Council Agenda Report for their meeting on June 17, 2025, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, on June 17, 2025, the Town Council directed staff to prepare a resolution to grant the appeal of a decision of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED:
In accordance with Town Code section 29.20.275, the Town Council finds and determines that:
1. The appeal of the decision of the Planning Commission denying the Architecture and Site application to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area and site improvements requiring a grading permit on property zoned HR-2½ is granted and the application is approved subject to the conditions of approval attached as Exhibit A to this resolution.
2. The Town Council finds that there was an error by the Planning Commission in denying the Architecture and Site application, not due to their fault, but the lack of a site visit due to the difficulty in finding the location or a locked gate denied them a greater understanding of the scope of the project to make a sound decision.
3. The Town Council finds that the site improvements, such as firewalls, sprinklers, and one water tank feeding a streetside fire hydrant, minimize the potential adverse fire hazard for the neighbors and the Town.
4. The Town Council finds that an exception to the cut and fill can be granted as the constraints of the existing topography restrict the expansion of the garage on the existing pad, and the proposed garage will not be out of character with the hillside.
ITEM NO. 9.
5. 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 5
th day of August 2025, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
__________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 9.
TOWN COUNCIL – June 17, 2025
CONDITIONS OF APPROVAL
16511 Cypress Way
Architecture and Site Application S-24-045
Consider a Request for Approval to Demolish an Existing Accessory Structure and Construct a New Accessory Structure Exceeding 1,000 square feet in Gross Floor Area and Site Improvements Requiring a Grading Permit on Property Zoned HR-2½. APN 532-24-004.
Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures.
Property Owners: Jackie and Scott Kolander
Applicant: Michael Harris
Project Planner: Suray Nathan
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, Development Review Committee, or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The 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. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.
4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit.
5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department. These recommendations must be incorporated in the building permit plans and completed prior to issuance of a building permit where applicable.
7. TREE FENCING: Protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped.
ITEM NO. 9.
10. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.
11. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall be removed within 30 days of approval of the Architecture and Site application.
12. NESTING BIRDS: To avoid impacts to nesting birds, the removal of trees and shrubs shall be minimized to the greatest extent feasible. Construction activities that include any tree removal, pruning, grading, grubbing, or demolition shall be conducted outside of the bird nesting season (January 15 through September 15) to the greatest extent feasible. If this type of construction starts, if work is scheduled to start or if work already occurring during the nesting season stops for at least two weeks and is scheduled to resume during the bird nesting season, then a qualified biologist shall conduct a pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project construction. If project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys. Two surveys for active nests of such birds shall occur within 14 days prior to start of construction, with the second survey conducted with 48 hours prior to start of construction. Appropriate minimum survey radius surrounding each work area is typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors.
Surveys shall be conducted at the appropriate times of day to observe nesting activities. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active.
13. SPECIAL-STATUS BATS: Approximately 14 days prior to tree removal or structure demolition activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees to be removed, in trees within 50 feet of the development footprint, and within and surrounding any structures that may be disturbed by the project. These surveys will include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential
ITEM NO. 9.
roosting features found during the survey shall be flagged or marked.
If no roosting sites or bats are found, a letter report confirming absence will be prepared and no further measures are required.
If bats or roosting sites are found, a letter report and supplemental documents will be prepared prior to grading permit issuance and the following monitoring, exclusion, and habitat replacement measures will be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they will be evicted as described under (b) below. If bats are found roosting during the nursery season, they will be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats will be evicted as described under (b) below. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season.
Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the CDFW) will be established around the roosting site within which no construction activities including tree removal or structure disturbance will occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures scheduled to be disturbed by project activities, the individuals will be safely evicted, under the direction of a qualified bat biologist. If pre-construction surveys determine that there are bats present in any trees to be removed, exclusion structures (e.g. one-way doors or similar methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the nursery season. Information on placement of exclusion structures shall be provided to the CDFW prior to construction.
If needed, other methods conducted under the direction of a qualified bat biologist could include: carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance of any structures will be conducted no earlier than the following day (i.e., at least one night will be provided between initial roost eviction disturbance and tree removal/structure disturbance). This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation.
14. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS:
a. In the event that archaeological traces are encountered, all construction within a 50- meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations.
b. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines the remains are not subject to his authority, he will notify the
ITEM NO. 9.
Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans.
c. If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5( e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2.
d. A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions.
15. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures to minimize impacts on woodrats and active woodrat nests on the project site. a. PRECONSTRUCTION SURVEY. A qualified biologist will conduct a preconstruction survey for San Francisco dusky-footed woodrat nests within 30 days of the start of work activities. If active woodrat nests are determined to be present in, or within 10 feet of the impact areas, the conditions below (Avoidance and/or Nest Relocation) will be implemented, as appropriate. If no active woodrat nests are present on or within 10 feet of impact areas, no further conditions are warranted. b. AVOIDANCE. Active woodrat nests that are detected within the work area will be avoided to the extend feasible. Ideally, a minimum 10-foot buffer will be maintained between project activities and woodrat nests to avoid disturbance. In some situations, a small buffer may be allowed if, in the opinion of a qualified biologist, nest relocation (below) would represent a greater disturbance to the woodrats than the adjacent work activities.
c. NEST RELOCATION. If avoidance of active woodrat nests within and immediately adjacent to (within 10 feet of) the work areas is not feasible, then nest materials will be relocated to suitable habitat as close to the project site as possible (ideally, within or immediately adjacent to the project site).
Relocation efforts will avoid the peak nesting season (February-July) to the maximum extent feasible. Prior to the start of construction activities, a qualified biologist will disturb the woodrat nest to the degree that all woodrats leave the nest and seek refuge outside of the construction area. Disturbance of the woodrat nest will be initiated no earlier than one hour before dusk to prevent the exposure of woodrats to diurnal predators. Subsequently, the biologist will dismantle and relocate the nest material by hand. During the deconstruction process, the biologist will attempt to assess if there are juveniles in the nest. If immobile juveniles are observed, the deconstruction process will be discontinued until a time when the biologist believes the juveniles will be capable of independent survival (typically after 2 to 3 weeks). A no-disturbance buffer will be established around the nest until the juveniles are
ITEM NO. 9.
mobile. The nest may be dismantled once the biologist has determined that adverse impacts on the juveniles would not occur.
16. 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.
17. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.
Building Division
18. PERMITS REQUIRED:
a. A demolition permit is required for the complete demolition of the existing detached garage.
b. A Building Permit is required for the construction of a new detached garage and associated retaining walls.
19. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12.
20. CONDITIONS OF APPROVAL: The Conditions of Approval must be included on plan sheets within the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed.
21. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
22. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation, and retaining wall design recommendations, shall be submitted
ITEM NO. 9.
with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics.
23. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
24. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
25. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and must comply with Section R337 of the 2022 California Residential Code, Public Resources Code 4291 and California Government Code Section 51182. a. Provide defensible space/fire break landscaping plan prepared by a California licensed Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182.
b. Prior to final inspection, provide a letter from a California licensed Landscape Architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182.
26. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building.
27. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal. The specification sheet is available online at www.losgatosca.gov/building.
28. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010
d. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance.
ITEM NO. 9.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
29. PAYMENT OF PARKS AND PUBLIC WORKS (“PPW”) ENGINEERING PLAN CHECK FEE AND INSPECTION FEE – At the time of the first construction submittal, the Applicant shall submit to the Town Engineer for approval a detailed construction project cost estimate prepared and stamped by the Applicant’s civil engineer. The cost estimate shall break out on-site and off-site improvements separately. This cost estimate will be used to determine the Engineering Plan Check Fee. A final construction cost estimate shall be provided once the project plans are approved. This cost estimate will be used to determine the Engineering Inspection Fee. The Engineering Inspection Fee must be paid prior to the issuance of any construction related permit.
30. CONSTRUCTION ACTITIVITIES MITIGATION FEE (ORDINANCE 2189) – Per the Town’s Comprehensive Fee Schedule, the project is subject to the Town’s Construction Activities Mitigation Fee based on the square footage of new buildings. The fee is $1.43 per square foot of new residential and non-residential building area. The fee shall be calculated based on the square footage total for all units shown on the construction plans to the approval of the Town Engineer. The project plans indicate the new building area of 1,239 SF resulting in a fee of $1,771.77. Payment of this fee shall pe paid prior to issuance of the first building permit.
31. GRADING PERMIT – A grading permit is required for all site grading and drainage work that is outside the perimeter of a building, retaining wall footing, or other structure authorized by a valid building permit. The Applicant must submit a grading permit application after the appeal period of the entitlement approval process has passed.
Submittals are accepted through Accela only. The grading permit application shall include detailed grading plans and associated required materials. Plan check fees are based on the scope of onsite work. Prior to approval of the grading permit, the Applicant shall pay all fees due and provide faithful performance and payment securities for the performance of the work described and delineated on the approved grading plan, final erosion and sedimentation control plan, and interim erosion and sedimentation control plan (if required), in an amount to be set by the Town Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or more duly authorized corporate sureties on a form approved by the Town; (2) Deposit with the Town, money, or negotiable bonds of the kind approved for securing deposits of public monies; or (3) other instrument of credit from one or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment. The grading permit shall be issued prior to the issuance of the building permit unless otherwise allowed by the Town Engineer. The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of
ITEM NO. 9.
the grading including but not limited to: (1) Mitigation of adverse environmental impacts; (2) Improvement of any existing grading or correction of any existing grading violation to comply with Town Code; (3) Requirements for fencing or other protection of grading which would otherwise be hazardous; (4) Requirements for dust, erosion, sediment, and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes; (5) Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels; (6) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced; (7) Temporary and permanent landscape plans.
32. TREE REMOVAL PERMIT – The Applicant shall apply and obtain a Tree Removal Permit from the Parks and Public Works Department for the removal of existing trees on-site or in the public right-of-way prior to the issuance of a building permit or demolition building permit, whichever is issued first. Tree removals shall be consistent with the arborist report and approved entitlement plans.
33. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS – The Grading Permit Plans (“Grading Plans”) shall be submitted to Parks and Public Works Department along with a title report dated no older than 30 days from the date the Grading Plans are submitted.
The Grading Plans shall be submitted at the same time as the Building Plans are submitted to the Building Department. All improvements shall be designed and constructed in accordance with Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.
a. Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. The Grading Plans shall include:
b. A cover sheet with at least the proposed development vicinity map showing nearby and adjacent major streets and landmarks, property address, APN, scope of work, project manager and property owner, a “Table of Responsibilities” summarizing ownership, access rights, and maintenance responsibilities for each facility (streets, utilities, parks, landscaping, etc.), a sheet index including a sequential numeric page number for each sheet (i.e. “Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type, proposed floor areas by type for each building, average slope, proposed maximum height, and required and proposed parking count and type. c. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.
d. An Existing Site Plan showing existing topography, bearing and distance information for all rights-of-way, easements, and boundaries, any existing easements proposed to be quit-claimed, existing hardscape, existing above ground utility features, and existing structures. The Grading Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented. e. A Proposed Site Plan showing proposed topography, boundaries, proposed and existing to remain easements, hardscape, above ground utility features (hydrants, transformers, control cabinets, communication nodes, etc.), and structures. Include top and bottom elevations of every inflection point of each proposed wall. Include utility details. Showing appropriate line types and labels to identify the different
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types of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water meters, sanitary sewer cleanouts, etc. Distinguish proposed linework from existing linework using heavier line type for proposed.
f. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography using labeled contour lines, drainage direction arrows with slope value, and break lines. Proposed and existing to remain hardscape elevations must be provided in detail including slope arrows.
g. A Landscaping Plan for the project site shall clearly identify public and private utilities and points of demarcation between the two.
h. General Notes found in the Town of Los Gatos General Guidelines. i. A statement in the general notes indicating the need to obtain a Caltrans Oversized/Overweight Vehicles Transportation Permit if oversized or overweight vehicles are expected to be used
34. EXISTING FACILITY PROTECTION AND REPAIR – All existing public utilities shall be either protected in place, relocated, or repaired. The Applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the Applicant’s operations. This includes sidewalk, curb and gutter, streetlights, valley gutters, curb ramps, and any other existing improvements in the area that are not intended to be removed and replaced. The Applicant shall request a walk-through with the PPW construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to issuance of the first certificate of occupancy of the project.
35. UTILITY RESPONSIBILITIES – The Applicant is responsible for all expenses necessary to connect to the various utility providers. Currently, the public storm sewer system is owned and maintained by the Town of Los Gatos, the water system in Los Gatos is owned and maintained by San José Water Company, and the sanitary sewer system in Los Gatos is owned and maintained by West Valley Sanitation District. Any alterations of the approved utilities listed must be approved by the Town prior to any construction.
36. DEVELOPER STORM WATER QUALITY RESPONSIBILITY – The Applicant is responsible for ensuring that all contractors including subcontractors are aware of all stormwater quality measures and implement such measures. The Applicant shall perform all construction activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and Sediment Control, and the National Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with these rules and regulations will result in the issuance of correction notices, citations, or a project stop order.
37. SITE DRAINAGE – Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.
38. OFF-SITE DRAINAGE – The Applicant shall not alter any existing drainage patterns without an approved Grading Permit.
39. GRADING & DRAINAGE WINTER MORATORIUM – All grading activity shall comply with the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be no earthwork disturbance or grading activities between October 15th and April 15th of each year unless approved by the Town Engineer. To be considered for approval, the Applicant must submit a Winterization Erosion Control Plan certified by a California
ITEM NO. 9.
certified QSD to the Town Engineer for review and approval. If grading is allowed during the rainy season, a maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on the exposed area. The submission of a certified plan does not guarantee approval. Any approved and executed plan must be kept on-site while the project is in construction.
40. EROSION CONTROL – The Applicant shall prepare and submit interim and final erosion control plans to the Town Engineer for review and approval. The interim erosion control plan(s) shall include measures carried out during construction before final landscaping is installed. Multiple phases of interim erosion control plans may be necessary depending on the complexity of the project. Interim erosion control best management practices may include silt fences, fiber rolls, erosion control blankets, Town approved seeding mixtures, filter berms, check dams, retention basins, etc. The Applicant shall install, maintain, and modify the erosion control measures as needed to continuously protect downstream water quality. In the event an emergency modification is deemed necessary, the Applicant must implement necessary measures to protect downstream waterways immediately and then submit the changes made within 24-hours to the Town Engineer for review and approval. The erosion control plans shall follow applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Any fees or penalties assessed against the Town in response to the Applicant’s failure to comply with the Permit must be paid by the Applicant. The Applicant must permit Town staff onsite to conduct periodic NPDES inspections throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.
41. GEOTECHNICAL REVIEW – Prior to building permit issuance, the Applicant’s Geotechnical Engineer shall submit a design level geotechnical report. The report will require a peer review by the Town’s geological and geotechnical consultant. A deposit and fee for the peer review will be required per the Town’s current fee schedule, unless there are any remaining deposit funds from the entitlement phase. The Town will route the design level geotechnical report to the Town’s peer review consultant once the report is submitted and deposit and fee are available. Once approved, the geotechnical engineer shall review the grading and drainage plan and proposed pavement and foundation design to verify that the design is in accordance with their recommendations. The Applicant’s Geotechnical Engineer’s approval shall be conveyed to the Town either by letter or by signing and stamping the plans. All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. The Applicant shall add this condition to the general notes on the grading plan.
42. GEOTECHNICAL ENGINEER OBSERVATION – All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the Town of Los Gatos for each phase of construction stating that all grading activities were performed in conformance with the requirements of the project’s design level geotechnical report. The Applicant shall submit a Final Geotechnical Construction Observation and Testing Summary in an “as-built” letter/report prepared and submitted to the Town prior to issuance of the certificate of occupancy. The Applicant shall add this condition to the general notes on the grading plan.
43. PRECONSTRUCTION MEETING – After the issuance of any Grading or Encroachment permit and before the commencement of any on or off-site work, the Applicant shall
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request a pre-construction meeting with the PPW Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters.
At that meeting, the Applicant shall submit a letter acknowledging each of the following:
a. They have read and understand these project Conditions of Approval. b. They will require that all project sub-contractors read and understand these project Conditions of Approval.
c. They will post a copy of these project Conditions of Approval on-site and ensure the posting always remains intact during construction.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL
INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
44. RESTORATION OF PUBLIC IMPROVEMENTS – The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed during construction. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired or replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the PPW Inspector shall be completed before the issuance of a certificate of occupancy. The Applicant shall request a walkthrough with the PPW Inspector before the start of construction to verify existing conditions.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A
CONDITION, AT THAT TIME
45. PROJECT CONSTRUCTION SETUP – All storage and office trailers will be kept off the public right-of-way.
46. PUBLIC WORKS CONSTRUCTION NOTICE – The contractor shall notify the PPW Inspector at least ten (10) working days prior to the start of any construction work. At that time, the Contractor shall provide an initial project construction schedule and a 24-hour emergency telephone number list.
47. PROJECT CONSTRUCTION SCHEDULE – The contractor shall submit the project schedule in a static PDF 11”x17” format and Microsoft Project, or an approved equal. The Contractor shall identify the scheduled critical path for the installation of improvements to the approval of the Town Engineer. The schedule shall be updated monthly and submitted to the PPW Inspector in the same formats as the original.
48. PROJECT CONSTRUCTION HANDOUT – The Contractor shall provide to the Town Engineer for approval a construction information handout for the purpose of responding to questions the Town receives regarding the project construction (one- or two-page document).
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49. PROJECT CONSTRUCTION SUPERVISION – The Contractor shall always provide a qualified supervisor on the job site during construction.
50. PUBLIC WORKS CONSTRUCTION INSPECTION – All work shown on the Improvement Plans shall be inspected to the approval of the Town Engineer. Uninspected work shall be removed as deemed appropriate by the Town Engineer.
51. PROJECT CONSTRUCTION HOURS – Construction activities related to the issuance of any PPW permit shall comply with Town Code Section 16.20.035 which restricts construction to the weekday between 8:00 a.m. and 6:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m. No work shall be done on Sundays or on Town Holidays unless otherwise approved by the Town Engineer. Please note that no work shall be allowed to take place within the Town right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under Encroachment Permit may be performed on the weekend unless prior approvals have been granted by the Town Engineer. The Town Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Onsite project signage must state the project construction hours. The permitted construction hours may be modified if the Town Engineer finds that the following criteria is met:
a. Permitting extended hours of construction will decrease the total time needed to complete the project without an unreasonable impact to the neighborhood. b. Permitting extended hours of construction is required to accommodate a construction requirement such as a large concrete pour or major road closure. Such a need would be presented by the project's design engineer and require approval of the Town Engineer.
c. An emergency exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the Town may waive any of the remaining requirements outlined below.
d. The exemption will not conflict with any other condition of approval required by the Town to mitigate significant environmental impacts.
e. The contractor or property owner will notify residential and commercial occupants of adjacent properties of the modified construction work hours. This notification must be provided three days prior to the start of the extended construction activity. f. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
g. The Town Engineer may revoke the extended work hours at any time if the contractor or owner of the property fails to abide by the conditions of extended work hours or if it is determined that the peace, comfort, and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.
h. The waiver application must be submitted to the PPW Inspector ten (10) working days prior to the requested date of waiver.
52. PROJECT CONSTRUCTION BMPs – All construction activities shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinances, the project specific temporary erosion control plan, and
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other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.
53. PROJECT CONSTRUCTION EXCAVATION – The following provisions to control traffic congestion, noise, and dust shall be followed during site excavation, grading, and construction:
a. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.
b. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour. c. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible.
d. Water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites to ensure proper control of blowing dust for the duration of the project. e. Watering on public streets and wash down of dirt and debris into storm drain systems is prohibited. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the PPW Inspector, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the Town Engineer.
Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be coordinated with the San José Water Company.
f. All public streets soiled or littered due to this construction activity shall be cleaned and swept daily during the workweek to the satisfaction of the Construction Inspector.
g. Construction grading activity shall be discontinued in wind conditions more than 25 miles per hour, or that in the opinion of the PPW Inspector cause excessive neighborhood dust problems.
h. Site dirt shall not be tracked into the public right-of-way and shall be cleaned immediately if tracked into the public right-of-way. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains. i. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. j. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.
k. Prior to issuance of any permit, the Applicant shall submit any applicable pedestrian or traffic detour plans to the satisfaction of the Town Engineer for any lane or sidewalk closures. The temporary traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans and in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic
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Control Plan shall be approved prior to the commencement of any work within the public right-of-way.
l. During construction, the Applicant shall make accessible any or all public and private utilities within the area impacted by construction, as directed by the Town Engineer. m. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The Applicant shall require the soils engineer submit to daily testing and sampling reports to the Town Engineer.
54. MATERIAL HAULING ROUTE AND PERMIT – For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck size as defined by FHWA Standards, the Applicant shall submit a truck hauling route that conforms to Town of Los Gatos Standards for approval. Note that the Town requires a Haul Permit be issued for any hauling activities. The Applicant shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project unless otherwise approved by the Town Engineer, shall be Cypress Way to Loma Alta Avenue to Los Gatos Boulevard to Los Gatos-Saratoga Road to Highway 17. A letter from the Applicant confirming the intention to use the designated haul route shall be submitted to the Town Engineer for review and approval prior to the issuance of any Town permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the Applicant. Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Town Engineer. The Applicant must provide an approved method of cleaning tires and trimming loads on site. All material hauling activities shall be done in accordance with applicable Town ordinances and conditions of approval.
55. PROJECT CLOSE-OUT – Prior to requesting a Final Inspection, the Applicant shall submit to the Town Engineer a letter indicating that all project conditions have been met, and all improvements are complete. All work must be completed to the satisfaction of the Planning Director and Town Engineer prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, storm drainage, underground utilities, etc., shall be completed and attested to by the Town Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, including those for water and sanitary sewer services, such installation shall be verified as having been completed and accepted by those agencies. In addition, the Applicant shall submit an itemized final quantities list of all public improvements constructed on-site and within the public right-of-way. The final quantities list shall be prepared by the project engineer and be to the approval of the Town Engineer. The final quantities list shall be broken out into on-site and off-site improvements based on the format provided by the Town. Until such time as all required improvements are fully completed and accepted by Town, the Applicant shall be responsible for the care, maintenance, and any damage to such improvements. Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Applicant.
ITEM NO. 9.
56. CONSTRUCTION WORKER PARKING – The Applicant shall provide a Construction Parking Plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Town Engineer prior to issuance of Town permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the Town permits. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§15.40.070).
57. SITE WATER DISCHARGE – In accordance with the Town Code, Prohibition of Illegal Discharges (Los Gatos Town Code Section 22.30.015), the Town Engineer may approve in coordination West Valley Sanitation District the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the Town Engineer.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE
PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES
58. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP) – Post construction storm water pollution prevention requirements shall include:
a. The Applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private stormwater facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair if the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the Applicant’s property by Town staff will be charged to the Applicant at the Town’s adopted fully loaded hourly rates.
b. Maintenance of the storm drain inlets “No Dumping – Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum-based wastes, tallow, and grease planned for storage outdoors shall be always stored in covered containers. d. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system.
f. It is the responsibility of the property owner(s)/homeowners association to implement a plan for street sweeping of paved private roads and cleaning of all
ITEM NO. 9.
storm drain inlets.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
59. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
60. VERY HIGH FIRE HAZARD SEVERITY ZONE (VHFHSZ): The subject property is located within the Very High Fire Hazard Severity Zone (VHFHSZ) of the Local Responsibility Area (LRA).
Pursuant to California Public Resources Code (PRC) 4290, the California Board of Forestry and Fire Protection is required to" ... adopt regulations implementing minimum fire safety standards related to defensible space" applicable to "the perimeters and access to all residential, commercial, and industrial building construction." In 2018, the Legislature passed and the Governor signed SB 901 (Dodd), which expanded the applicability of the regulations promulgated under PRC 4290 to land in the Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone. All comments below that result from PRC 4290 are identified by**. Where a conflict exists between local & 4290 requirements, the more stringent requirement shall apply. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.08
61. FIRE SPRINKLERS REQUIRED: Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. Fire sprinklers proposed in new garage as part of the AMMR condition PC 25-0417. Make a note on coversheet that a AMMR is included in this project. A copy of the approved Alternate Means/Methods application form (with approval signature), justification letter, and these comments shall be made part of all subsequent submittals (Building, planning, etc.), to be routed to Santa Clara County Fire Department for final approval.
62. PRIVATE FIRE PROTECTION SYSTEM:Residential fire protection systems shall comply with Fire Department Standards W-1 and manufacturer'srequirements. Fire protection water systemsshall be submitted for review and approval by SCCFD prior to installation. The wharf hydrant shall be accessible at alltimes. Tank systems providing both the domestic supply and supply to the sprinkler system and/or hydrant may require cross contamination protection. Check with the local Building Department for specific requirements related to protection of the domestic supply.
New 5000 gallon water tanks noted on Sheet A1.1. Make a note on coversheet that private fire protection system will be provided as part of the approved AMMR condition. Sign shall be posted on the wharf hydrant indicating it is supplied by a 5,000 gallon tank.
63. FIRE HYDRANT SYSTEMS REQUIRED: Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet
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from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section 507.5.1] Show wharf hydrant and vehicle impact protection bollard on plans as part of the approved AMMR condition. Sign shall be posted on the wharf hydrant indicating it is supplied by a 5,000 gallon tank.
64. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
65. NOTE: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
ITEM NO. 9.
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ITEM NO. 9.
PREPARED BY: Corvell Sparks
Assistant Land Development Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, Parks and Public Works Director, and Town Engineer
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 10
DATE: July 31, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Approving the Final Map for Tract No. 10620 at 16378 Bennett Way and Accept Dedications
RECOMMENDATION: Adopt a Resolution (Attachment 1) approving the Final Map (Attachment 2) for Tract No. 10620 at 16378 Bennett Way and accept dedications.
FISCAL IMPACT:
There is no fiscal impact for the Town as the dedication of public easements are to be maintained by the developer and property owner(s).
STRATEGIC PRIORITY:
This project supports the core goal of Good Governance.
E BACKGROUND:
On August 1, 2017, the Town Council adopted Resolution 2017-045 approving the construction of a mixed-use development consisting of 320 residential units and a vesting tentative map on property zoned as part of the North 40 Specific Plan.
As the project advanced through the development review process, the Subdivision Application (M-13-014) and Architecture and Site Application (S-13-090) were approved, and the Parks and Public Works Department received applications for a final map (MAP23-009) for Tract No. 10620 within the North 40 Phase 1 boundaries on July 6, 2023. After conducting multiple reviews, the Department approved Final Map Application MAP23-009 on May 21, 2025.
DISCUSSION:
ITEM NO. 10.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Approving the Final Map for Tract No. 10620 at 16378 Bennett Way and Accept Dedications
DATE: July 11, 2025
The developers William F. Hirschman, Elizabeth K. Dodson, and BLIZ 3 LLC, a California limited liability company, filed the Final Map for the subdivision of the parcel at 16378 Bennett Way.
The developers provided all necessary maps and drawings, paid the appropriate fees, and fully complied with the previously imposed development conditions and Town ordinances.
Since Bennett Way is a private road, the developers are dedicating public service easements for construction, maintenance, and access to any and all public service facilities, including poles, wires, conduits, storm sewers, sanitary sewers, and gas mains. Easements for access to streets, sidewalks, and paths are designated as public access easements. The easement dedications are all shown on the attached Final Map (Attachment 2). Acceptance of easement dedications is required to allow for the subdivision.
The Final Map has been reviewed by Kier & Wright, acting as the Town Surveyor, and was found to be complete and in conformance with the Town Council approved vesting tentative map. It was also found to be in compliance with the Subdivision Map Act and Chapter 24 of the Town Code.
CONCLUSION:
Staff recommend that Council adopt a resolution approving the Final Map for Tract No. 10620 at 16378 Bennett Way and accept the easement dedications.
COORDINATION:
This project has been coordinated with the Town Attorney and the Community Development Department.
ENVIRONMENTAL ASSESSMENT:
The EIR was prepared for this project by EMC Planning Group Inc. The Final EIR was certified by the Council on January 5, 2015.
Attachments:
1. Resolution Approving the Final Map for Tract No. 10620 and Accepting Dedications
2. Final Map for Tract No. 10537
ITEM NO. 10.
ATTACHMENT 1
RESOLUTION 2025-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE FINAL TRACT MAP 10620 FOR 16378 BENNETT WAY
AND ACCEPTING DEDICATIONS
WHEREAS, on August 1, 2017, the Los Gatos Town Council adopted a resolution approving Subdivision Application M-13-014 and Architecture and Site Application S-13-090 with conditions for the property at 16378 Bennett Way; and
WHEREAS, the developers, William F Hirschman, Elizabeth K Dodson, and BLIZ 3 LLC, a California limited liability company are required to dedicate portions of the land for easements within the properties as indicated on the Final Map prepared; and WHEREAS, the developer has complied with the conditions of Subdivision Application M13-014; and WHEREAS, the Final Map, being in conformance with the Town Council approved vesting tentative map, has been reviewed by staff and found to be in compliance with the Subdivision Map Act and Chapter 24 of the Town Code.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that the certain Final Map of 16378 Bennett Way, dated November 2023 and prepared by Hanna & Brunetti Engineering, is hereby approved; and
BE IT FURTHER RESOLVED that all dedications of land for public use identified on the Final Map are hereby accepted, in substantial conformance to the Conditions of Approval as set forth above and subject to the final approval by the Town Attorney.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 5 th day of August
2025, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ITEM NO. 10.
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 10.
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE ALL OF THE PARTIES HAVING ANY RECORD
TITLE INTEREST IN THE SUBDIVIDED REAL PROPERTY SHOWN WITHIN THE
DISTINCTIVE BORDER LINE ON THIS MAP, AND WE HEREBY CONSENT TO THE
PREPARATION AND RECORDATION OF THIS MAP AND ALL DEDICATIONS AND OFFERS OF DEDICATION THEREIN.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES (DESIGNATED • ):
• EASEMENTS FOR CONSTRUCTION, MAINTENANCE AND ACCESS TO ANY AND
ALL PUBLIC SERVICE FACILITIES INCLUDING POLES, WIRES, CONDUITS,
STORM SEWERS, SANITARY SEWERS AND GAS, WATER AND HEAT MAINS AND
ALL PUBLIC UTILITES AND SERVICES AND ALL APPURTENANCES UNDER, ON,
OR OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED AS "P.S.E." (PUBLIC SERVICE EASEMENT).
SAID EASEMENTS SHALL BE KEPT OPEN AND FREE FROM BUILDINGS AND
STRUCTURES OF ANY KIND EXCEPT PUBLIC SERVICE STRUCTURES,
IRRIGATION SYSTEMS AND APPURTENANCES THERETO, LAWFUL FENCES AND ALL LAWFUL ROOF OVERHANGS.
• EASEMENTS FOR ACCESS TO STREETS, SIDEWALKS, MULTI-USE PATHS AND
APPURTENANCES THERETO ON OR OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED AS "P.A.E." (PUBLIC ACCESS EASEMENT). AS REQUIRED BY CITY CODE SECTION 26. 1 0.060(0), INCLUDING ALL
AMENDMENTS THERETO, PROPERTY OWNER ADJACENT TO OR FRONTING ON
ANY PORTION OF THE SIDEWALK AREA IS REQUIRED TO REPAIR AND MAINTAIN SAID SIDEWALK AREA.
SAID EASEMENTS SHALL BE KEPT OPEN AND FREE FROM BUILDINGS AND
STRUCTURES OF ANY KIND EXCEPT PUBLIC SERVICE STRUCTURES,
IRRIGATION SYSTEMS AND APPURTENANCES THERETO, LAWFUL FENCES AND ALL LAWFUL ROOF OVERHANGS.
OWNERS:
VICINITY MAP
NO SCALE
WILLIAM F. HIRSCHMAN, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY WILLIAM F. HIRSCHMAN
ELIZABETH K. DODSON, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY SHEET INDEX ELIZABETH K. DODSON
BLIZ 3 LLC, A CALIFORNIA LIMITED LIABLITY COMPANY
BY: BY:
ITS: ITS:
TRUSTEE'S STATEMENT
THE UNDERSIGNED, AS TRUSTEE UNDER THAT CERTAIN DEED OF TRUST EXECUTED BY ELIZABETH K. DODSON, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TRUSTOR, RECORDED OCTOBER 20, 1999, SERIES NO. 15027373, OFFICIAL RECORDS OF SANTA CLARA COUNTY,
DOES HEREBY CONSENT TO THE OWNER'S STATEMENT AND TO THE PREPARATION AND RECORDATION OF THE ABOVE REFERENCED MAP.
THE UNDERSIGNED ACKNOWLEDGES IT IS UNDERSTOOD THAT BY
AUTHORIZING THIS CONSENT, THE ABOVE REFERRED TO DEED OF
TRUST WILL BECOME SUBJECT TO AND SUBORDINATE TO THE MAP IN QUESTION, AND ANY OR ALL INTEREST CREATED THEREBY.
TRUSTEE:
CALIFORNIA RECONVEYANCE COMPANY
PRINTED NAME
ITS:
SHEET TWO NOTARY ACKNOWLEDGMENTS
AND SIGNATURES OMITTED
SHEET THREE BOUNDARY DETERMINATION AND
LOCATABLE RECORD EASEMENTS
SHEET FOUR SUBDIVISION
TRUSTEE'S STATEMENT
THE UNDERSIGNED, AS TRUSTEE UNDER THAT CERTAIN DEED OF TRUST EXECUTED BY WILLIAM F. HIRSCHMAN AND ELIZABETH K. DODSON, HUSBAND AND WIFE, AS TRUSTOR, RECORDED NOVEMBER 29, 1999, SERIES NO. 15074422, OFFICIAL RECORDS OF SANTA CLARA COUNTY,
DOES HEREBY CONSENT TO THE OWNER'S STATEMENT AND TO THE PREPARATION AND RECORDATION OF THE ABOVE REFERENCED MAP.
THE UNDERSIGNED ACKNOWLEDGES IT IS UNDERSTOOD THAT BY
AUTHORIZING THIS CONSENT, THE ABOVE REFERRED TO DEED OF
TRUST WILL BECOME SUBJECT TO AND SUBORDINATE TO THE MAP IN QUESTION, AND ANY OR ALL INTEREST CREATED THEREBY.
TRUSTEE:
CALIFORNIA RECONVEYANCE COMPANY
PRINTED NAME
ITS:
PRELIMINARY
TRACT NO. 10620
FOR CONDOMINIUM PURPOSES
BEING A PORTION OF LOT 3 AS SHOWN ON
THE RECORD MAP OF THE SUBDIVISION
OF PART OF THE WALKER TRACT IN THE
RANCHO RINCONADA DE LOS GATOS
FILED IN BOOK "F" OF MAPS, AT PAGE 40
LYING WITHIN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
NOVEMBER, 2023
HANNA - BRUNETTI - CIVIL ENGINEERS AND LAND SURVEYORS
7651 EIGLEBERRY STREET - GILROY, CA. 95020 - 408 842-2173
TOWN SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT.
DEAN A. JURADO, ACTING TOWN SURVEYOR
P.L.S. NO. 9032
LICENSE EXPIRES: 9-30-2025
DATE
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED
UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE
SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF BILL HIRSCHMAN ON DECEMBER 12, 2022, AND THAT SAID SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT ALL THE MONUMENTS ARE OF
THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR WILL BE SET IN THOSE POSITIONS BEFORE NOVEMBER, 2025, AND THAT THE MONUMENTS ARE,
OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT
THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.
JOHN K. KING
P.L.S. NO. 6809
DATE
SOILS AND GEOLOGICAL REPORT
A SOILS AND/OR GEOTECHNICAL REPORT ON THIS PROPERTY
HAS BEEN PREPARED BY QUANTUM GEOTECHNICAL, INC.,
DA TED SEPTEMBER 7, 2023, A COPY OF WHICH HAS BEEN
FILED WITH THE TOWN OF LOS GATOS.
TOWN ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THE SUBDIVISION AS
SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP
AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF
THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE MAP HAVE BEEN COMPLIED WITH.
GARY HEAP - TOWN ENGINEER
R.C.E. NO. 52355
REGISTRATION EXPIRES: 12-31-2026
DATE
NO. 52355
CIVIL
COUNTY RECORDER'S STATEMENT
FILED THIS __ DAY OF _______ , 20_AT
___ M. IN BOOK __ OF MAPS, AT PAGE(S) __ _
THRU ___ , SANTA CLARA COUNTY RECORDS, AT THE
REQUEST OF FIDELITY NATIONAL TITLE COMPANY.
FEE: ___ _
FILE NO. ________ _
REGINA ALCOMENDRAS, COUNTY RECORDER
SANTA CLARA COUNTY, CALIFORNIA
BY: _____________ _
DEPUTY
STATEMENT OF THE COUNCIL
OF THE TOWN OF LOS GATOS
IT IS ORDERED THAT THE MAP OF TRACT NO. 10620 IS HEREBY APPROVED, THAT
ALL PUBLIC STREETS, PUBLIC EASEMENTS AND OTHER PARCELS OF LAND SHOWN UPON
SAID MAP AND THEREIN OFFERED FOR DEDICATION ARE HEREBY ACCEPTED FOR THE PURPOSES FOR WHICH THEY ARE OFFERED.
I HEREBY STATE THAT THE FOREGOING ORDER WAS ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, AT A MEETING HELD ON THE --- DAY OF ______ , 20 ; BY RESOLUTION NO. _____ _
- CLERK ADMINISTRATOR
TOWN OF LOS GATOS
DATE
SHEET ONE OF FOUR SHEETS JOB NO. 22094
ITEM NO. 10.
OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE
DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF --------
0 N ________ BEFORE ME, _________ ____,
A NOTARY PUBLIC, PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE
PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/
THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND
NOTARY'S SIGNATURE: ________________ _
NOTARY'S NAME: _________________ _
NOTARY'S PRINCIPAL PLACE OF BUSINESS: _________ _
NOTARY'S COMMISSION NUMBER: ____________ _
EXPIRATION OF NOTARY'S COMMISSION: __________ _
OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE
DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF --------
ON ________ BEFORE ME, _________ ____,
A NOTARY PUBLIC, PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE
PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/
THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND
NOTARY'S SIGNATURE:-----------------
NOTARY'S NAME: _________________ _
NOTARY'S PRINCIPAL PLACE OF BUSINESS: _________ _
NOTARY'S COMMISSION NUMBER: ____________ _
EXPIRATION OF NOTARY'S COMMISSION: __________ _
OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE
DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF --------
ON _________ BEFORE ME, _________ ____,
A NOTARY PUBLIC, PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE
PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/
THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND
NOTARY'S SIGNATURE: ________________ _
NOTARY'S NAME: ------------------
NOTARY'S PRINCIPAL PLACE OF BUSINESS: _________ _
NOTARY'S COMMISSION NUMBER: ____________ _
EXPIRATION OF NOTARY'S COMMISSION: __________ _
TRUSTEE'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE
DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF --------
ON _________ BEFORE ME, _________ ____,
A NOTARY PUBLIC, PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE
PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/
THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND
NOTARY'S SIGNATURE:-----------------
NOTARY'S NAME: _________________ _
NOTARY'S PRINCIPAL PLACE OF BUSINESS: _________ _
NOTARY'S COMMISSION NUMBER: ____________ _
EXPIRATION OF NOTARY'S COMMISSION: __________ _
PRELIMINARY
TRACT NO. 10620
FOR CONDOMINIUM PURPOSES
BEING A PORTION OF LOT 3 AS SHOWN ON
THE RECORD MAP OF THE SUBDIVISION
OF PART OF THE WALKER TRACT IN THE
RANCHO RINCONADA DE LOS GATOS
FILED IN BOOK "F" OF MAPS, AT PAGE 40
LYING WITHIN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
NOVEMBER, 2023
[II HANNA - BRUNETTI - CIVIL ENGINEERS AND LAND SURVEYORS � 7651 EIGLEBERRY STREET - GILROY, CA. 95020 - 408 842-2173
SIGNATURES OMITTED
THE SIGNATURES OF THE INTEREST HOLDERS LISTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 (a) (3) (A) (i-viii)
OF THE SUBDIVISON MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT
RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY.
A) RIGHT TO DIVERT AND CARRY AWAY THE WATERS OF THE LOS GATOS CREEK GRANTED TO THE SAN JOSE WATER COMPANY, PER BOOK W, PAGE 111, OF MISCELLANEOUS RECORDS (THE EXACT LOCATION AND EXTENT IS NOT DISCLOSED OF RECORD) B) AGREEMENT BETWEEN ROBERT WALKER, ET UX AND THE SAN JOSE WATER COMPANY PER BOOK W, PAGE 111, OF MISCELLANEOUS RECORDS C) POLELINE EASEMENT GRANTED TO PACIFIC GAS AND ELECTRIC COMPANY, PER 990 0.R. 425 D) EASEMENT FOR TRANSMISSION AND DISTRIBUTION OF WATER GRANTED TO SAN JOSE WATER WORKS, PER 1061 O.R. 320 E) RIGHT FOR INGRESS AND EGRESS GRANTED TO F.A. HIGUERA, PER 1075 O.R 66 F) DEDICATION AND ACCEPTANCE OF PUBLIC SERVICE EASEMENT PER 918 MAPS 4-18.
G) GRANT OF PUBLIC STORM DRAINAGE CONVEYANCE EASEMENT TO THE TOWN OF LOS GATOS PER DOCUMENT: 24041271 AND AMENDED PER DOCUMENT: 24224970 (THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD).
TRUSTEE'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE
DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF --------
ON ________ BEFORE ME, _________ ____,
A NOTARY PUBLIC, PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE
PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/
THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND
NOTARY'S SIGNATURE:-----------------
NOTARY'S NAME: _________________ _
NOTARY'S PRINCIPAL PLACE OF BUSINESS: _________ _
NOTARY'S COMMISSION NUMBER: ____________ _
EXPIRATION OF NOTARY'S COMMISSION: __________ _
SHEET TWO OF FOUR SHEETS JOB NO. 22094
ITEM NO. 10.
I
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(R1)
(R2)
(R3)
(R4)
PSE
EVAE
PAE
LEGEND
--- DENOTES FOUND 2.5" BRASS DISC IN CASTING,
STAMPED LS 8817 PER 918 MAPS 4-18
--- DENOTES RECORD DATA PER 918 MAPS 4-18
--- DENOTES RECORD DATA PER DOCUMENT: 21142328
--- DENOTES RECORD DATA PER DOCUMENT: 15027372
--- DENOTES RECORD DATA PER 854 MAPS 1-3
--- DENOTES PUBLIC SERVICE EASEMENT
--- DENOTES EMERGENCY VEHICLE ACCESS EASEMENT
--- DENOTES PUBLIC ACCESS EASEMENT
---- --- DENOTES DISTINCTIVE BORDER LINE
---- --- DENOTES EXISTING LOT LINE
- - --- DENOTES EXISTING CENTERLINE / MONUMENT LINE
- - - - - - - - - --- DENOTES EXISTING EASEMENT LINE
- - - --- DENOTES OLD RIGHT OF WAY LINE
BASIS OF BEARINGS
THE BEARINGS SHOWN ON THIS MAP ARE BASED ON THE CENTER LINE OF
SOUTH TURNER STREET AS FOUND MONUMENTED AND RECORDED AS NORTH 32° 27' 21" EAST ON THAT MAP OF TRACT 10441, FILED IN BOOK 918 OF AT PAGES 4-18, RECORDS OF THE COUNTY OF SANTA CLARA.
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GENERAL NOTES:
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1) SEE SHEET FOUR FOR SUBDIVISION.
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2) ALL DISTANCES AND DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF.
PRELIMINARY
TRACT NO. 10620
FOR CONDOMINIUM PURPOSES
BEING A PORTION OF LOT 3 AS SHOWN ON
THE RECORD MAP OF THE SUBDIVISION
OF PART OF THE WALKER TRACT IN THE
RANCHO RINCONADA DE LOS GATOS
FILED IN BOOK "F" OF MAPS, AT PAGE 40
LYING WITHIN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
NOVEMBER, 2023 SCALE: 1"=20'
HANNA - BRUNETTI - CIVIL ENGINEERS AND LAND SURVEYORS
7651 EIGLEBERRY STREET - GILROY, CA. 95020 - 408 842-2173
BOUNDARY DETERMINATION AND
LOCATABLE RECORD EASEMENTS
10 I
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GRAPHIC SCALE
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20 ( IN FEET )
1 inch = 20 ft.
SHEET THREE OF FOUR SHEETS JOB NO. 22094
ITEM NO. 10.
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GRAPHIC SCALE
8 15
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( IN FEET )
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1 inch = 15 ft.
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14,973 sq.ft.
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BASIS OF BEARINGS
THE BEARINGS SHOWN ON THIS MAP ARE BASED ON THE CENTER LINE OF
SOUTH TURNER STREET AS FOUND MONUMENTED AND RECORDED AS NORTH 32° 27' 21" EAST ON THAT MAP OF TRACT 10441, FILED IN BOOK 918 OF AT PAGES 4-18, RECORDS OF THE COUNTY OF SANTA CLARA.
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GENERAL NOTES:
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PRELIMINARY
TRACT NO. 10620
FOR CONDOMINIUM PURPOSES
BEING A PORTION OF LOT 3 AS SHOWN ON
THE RECORD MAP OF THE SUBDIVISION
OF PART OF THE WALKER TRACT IN THE
RANCHO RINCONADA DE LOS GATOS
FILED IN BOOK "F" OF MAPS, AT PAGE 40
LYING WITHIN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
NOVEMBER, 2023 SCALE: 1"=15'
HANNA - BRUNETTI - CIVIL ENGINEERS AND LAND SURVEYORS
7651 EIGLEBERRY STREET - GILROY, CA. 95020 - 408 842-2173
SUBDIVISION
LEGEND
0 --- DENOTES SET 3/4" IRON PIPE, TAGGED PLS 6809
@ --- DENOTES FOUND 2.5" BRASS DISC IN CASTING,
STAMPED LS 8817 PER 918 MAPS 4-18
(R1) --- DENOTES RECORD DATA PER 918 MAPS 4-18
(R2) --- DENOTES RECORD DATA PER DOCUMENT: 21142328
(R3) --- DENOTES RECORD DATA PER DOCUMENT: 15027372
(R4) --- DENOTES RECORD DATA PER 854 MAPS 1-3
PSE --- DENOTES 'pUBLIC SERVICE EASEMENT'
EVAE --- DENOTES 'EMERGENCY VEHICLE ACCESS EASEMENT'
PAE --- DENOTES 'PUBLIC ACCESS EASEMENT'
(N) --- DENOTES 'NEW'
---- --- DENOTES DISTINCTIVE BORDER LINE
---- --- DENOTES EXISTING LOT LINE
- - - --- DENOTES EXISTING CENTERLINE / MONUMENT LINE
- - - - - - - - - --- DENOTES EXISITNG EASEMENT LINE
- - - - - - --- DENOTES NEW EASEMENT LINE
1) SEE SHEET THREE FOR BOUNDARY DETERMINATION AND LOCATABLE RECORD EASEMENT LOCATIONS. 2) ALL DISTANCES AND DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF.
SHEET FOUR OF FOUR SHEETS JOB NO. 22094
ITEM NO. 10.
PREPARED BY: James Watson
Senior Civil Engineer – Land Development
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 11
DATE: July 31, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Three-Year Agreement, with Two One-Year Extension Options, for Consultant Services, Including PassThrough Surveying Services with Kier & Wright Civil Engineers & Surveyors, Inc., in an Amount Not to Exceed $250,000
RECOMMENDATION: Authorize the Town Manager to execute a three-year agreement, with two one-year extension options, for consultant services— including pass-through surveying services—with Kier & Wright Civil Engineers & Surveyors, Inc., in an amount not to exceed $250,000.
FISCAL IMPACT:
The adopted FY 2025–26 Parks and Public Works Operating Budget includes sufficient revenue (Account 1115999-48615) and expenditure (Account 1115999-68615) appropriations to fund this pass-through service contract. Surveying services related to Town-funded projects may also be charged to Program 5202 – Engineering Development Services or to specific capital projects, contingent on available funding.
STRATEGIC PRIORITIES:
This staff report advances the Town’s Strategic Priority of Quality Public Infrastructure by ensuring compliance with state and local laws during parcel maintenance and modification processes.
ITEM NO. 11.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement with Kier and Wright Civil Engineers & Surveyors, Inc for Town Survey Services DATE: July 31, 2025
BACKGROUND:
As part of its Engineering Development Services, the Town conducts mapping, map check review, and land surveying services. The Parks and Public Works Department does not have a Town Surveyor on staff, so these services are performed by a consultant who acts as the Town Surveyor. This includes the review of parcel maps and final maps; legal descriptions and plats for lot line adjustments, easement and right-of-way dedications; certificates of compliance, and other documents for technical correctness, adherence to codes, ordinances, the Professional Land Surveyor’s Act, and the Subdivision Map Act. The Town receives a number of complex and occasionally invalid requests from developers seeking to create new developable lots. These requests require technical evaluation by a qualified surveyor with expertise in land use law and historical chain-of-title research.
DISCUSSION:
On May 15, 2025, Parks and Public Works (“PPW”) staff posted a Request for Qualifications (“RFQ”) for Town Surveyor Services on OpenGov. The scope of the RFQ was to secure a contract with a licensed land surveyor to serve as the Town Surveyor. California’s Subdivision Map Act requires the Town to have a California licensed surveyor to review and approve development maps and other land development documents. The RFQ scope also included general on-call services to allow the Town to utilize the highest-ranked surveyor for additional needs, such as property boundary dispute research. On June 4, 2025, the solicitation closed, resulting in the receipt of five proposals.
Staff reviewed the five proposals and ranked the following consultants: Bellecci & Associates, CSWST2, Kier & Wright Civil Engineers & Surveyors, Inc., and Wilsey Ham. The Town ranking panel included the Town Engineer, PPW Superintendent, and the Town’s Senior Land Development Engineer.
After reviewing the qualifications submitted, the panel unanimously agreed that Kier & Wright Civil Engineers & Surveyors, Inc. was the most qualified consultant for the Town surveyor role.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a consultant agreement with Kier & Wright Civil Engineers & Surveyors, Inc. (Attachment 1) in an amount not to exceed $250,000 for a three-year term, with the option for two one-year extensions.
ITEM NO. 11.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement with Kier and Wright Civil Engineers & Surveyors, Inc for Town Survey Services DATE: July 31, 2025
COORDINATION:
This report was developed in coordination with the Town Attorney, Finance Department, Parks and Public Works Director, and Town Engineer.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Agreement for Services with Kier & Wright Civil Engineers & Surveyors, Inc., with Exhibit A
ITEM NO. 11.
Agreement for Services
Kier & Wright Civil Engineers And Surveyors
AGREEMENT FOR SERVICES
PREAMBLE
THIS AGREEMENT is dated for identification on 5th day August 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Kier & Wright Civil Engineers And Surveyors (“Service Provider”), identified as an C Corporation and whose address is 2850 Collier Canyon Rd, Livermore, CA 94551. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.
1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Town desires to engage Service Provider to provide Town Surveyor Services.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.
II. AGREEMENTS
2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on June 4, 2025, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. The effective date of this Agreement shall begin upon execution through August 5, 2028. The term of this Agreement may be extended twice, in oneyear increments, upon mutual written consent of the parties, subject to appropriation of funds, notwithstanding any other provision in this agreement.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider 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. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
ATTACHMENT 1 Page 202
ITEM NO. 11.
Agreement for Services
Kier & Wright Civil Engineers And Surveyors
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider 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 Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation: Compensation for services in the amount not to exceed $250,000, inclusive of all costs. 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
Email (preferred): [email protected]
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider 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 Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
ITEM NO. 11.
Agreement for Services
Kier & Wright Civil Engineers And Surveyors
2.10 Independent Contractor. It is understood that the Service Provider, 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 Service Provider 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. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider 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 Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider 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, Service Provider 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. Service Provider 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 Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider 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. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider 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. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to
ITEM NO. 11.
Agreement for Services
Kier & Wright Civil Engineers And Surveyors
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. Service Provider 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. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider'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 Service Provider'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, Service Provider 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, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees. As required by the
ITEM NO. 11.
Agreement for Services
Kier & Wright Civil Engineers And Surveyors
State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, 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 Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.
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. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider. In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
4.5 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.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
ITEM NO. 11.
Agreement for Services
Kier & Wright Civil Engineers And Surveyors
Kier & Wright Civil Engineers and Surveyors
2850 Collier Canyon Rd
Livermore, CA 94551
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. 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.
ITEM NO. 11.
**signature_27696**
SIGNATURE
Chris Constantin
FULL NAME
**date_signed_27696**
DATE SIGNED
Town Manager
TITLE
**signature_27697**
SIGNATURE
Joe Thompson
FULL NAME
**date_signed_27697**
DATE SIGNED
Principal
TITLE
**signature_27890**
SIGNATURE
Nicolle Burnham
FULL NAME
**date_signed_27890**
DATE SIGNED
Director of Parks and Public Works
TITLE
**signature_27892**
SIGNATURE
Gabrielle Whelan
FULL NAME
**date_signed_27892**
DATE SIGNED
Town Attorney
TITLE
ITEM NO. 11.
**signature_27891**
SIGNATURE
Wendy Wood
FULL NAME
**date_signed_27891**
DATE SIGNED
CMC, Town Clerk
TITLE
ITEM NO. 11.
2025 TOWN SURVEYOR
PROCUREMENT
Response to
Request for Qualifications
TOWN OF LOS GATOS
06.04.2025
EXHIBIT A
ITEM NO. 11.
Jeff Tang | Associate Civil Engineer
Zone 7 Water Agency
Other firms are not as
responsive as Kier + Wright
Diane Robertson | Transactions Lead
Westcore
Thank you for the great work
product K+W has always
provided. I have been working
with various members of the
K+W team for most of my 20
years at Westcore, and it has
always been a pleasure. I
cannot begin to tell you how
much I have learned from the
K+W surveyors over the years
ITEM NO. 11.
2850 Collier Canyon Road
Livermore, CA 94551
925.245.8788
www.kierwright.com
June 4, 2025
Town of Los Gatos
Selection Committee
RE: Town of Los Gatos 2025 Town Surveyor Procurement
Nestled at the base of the Santa Cruz Mountains, the Town of Los Gatos blends historic charm with regional influence, serving as a cultural and economic anchor in the South Bay. It’s vibrant downtown and strong sense of community provides a gateway to the tech corridor while offering a unique connection to the natural beauty of the broader region. As greater access to housing, safe streets and natural open spaces offers fiscal challenges, we understand the need for collaborative partners that will deliver highly responsive and technically superior services.
These efforts will require a survey team that is not only experienced but deeply familiar with the Town of Los Gatos’ evolving infrastructure needs and public engagement expectations.
With over a decade of continuous experience working directly for the Town of Los Gatos, K+W offers a valuable understanding of your standards, internal workflows, and review processes. Our team has supported a wide range of initiatives—from street improvement surveys and ADA compliance assessments to mapping for public facilities, open space, and recreational facilities. In doing so, we have developed strong working relationships with Town of Los Gatos staff and have consistently provided responsive, high-quality deliverables.
Beyond our direct work with the Town of Los Gatos, K+W has served as an oncall surveyor to municipalities across California, providing services tailored to public-sector timelines and permitting structures. We understand the importance of flexibility, responsiveness, and clear communication in a public setting.
We are ready to hit the ground running. Our team stands prepared to deliver rapidresponse surveying services with the consistency, accuracy, and professionalism that the Town of Los Gatos has come to expect. We are proud of our long-standing partnership and remain committed to supporting your vision and goals through reliable, community-focused surveying solutions.
Sincerely,
Joe Thompson, PLS
Principal-in-Charge, QA/QC
[email protected]
925.412.3883
K+W has reviewed
the Town of Los
Gatos’ Proposed
Agreement and has
no deviations or
exceptions.
All addendums have
been received +
reviewed.
ITEM NO. 11.
Table of Contents
ITEM NO. 11.
Kier + Wright | Page 5
TABLE OF CONTENTS
FIRM QUALIFICATIONS........................................................ 7 Firm Profile.................................................................................................................................................7 Public On-Call Experience.............................................................................................................. 8 Town of Los Gatos Experience...................................................................................................10 Subconsultants .....................................................................................................................................11 TEAM QUALIFICATIONS.................................................... 13 Team Overview..................................................................................................................................... 13 Organizational Chart ......................................................................................................................... 14 Resumes................................................................................................................................................... 15 PROJECT APPROACH.......................................................... 21 Scope of Services ............................................................................................................................... 21 Coordination + Process....................................................................................................................25 Final Map Review Comment Letter.........................................................................................26 REFERENCES...........................................................................29 Three Past Client References .....................................................................................................29 Additional References......................................................................................................................29 SAMPLE PROJECTS ............................................................. 31 Projects of Similar Scope............................................................................................................... 31 OTHER RELEVANT EXPERIENCE..................................35 Aerial Mapping + 3D Scanning....................................................................................................35
ITEM NO. 11.
Firm Qualifications
ITEM NO. 11.
Kier + Wright | Page 7
1972
Founded
9 Offices
215
Employees
35 Licensed
Civil Engineers
14 Licensed
Land Surveyors
100+
LEED Certified
Projects
FIRM PROFILE
In the 1990’s, Kier + Wright (K+W) began offering land surveying services to local agencies and municipalities on an on-call basis.
With each on-call contract awarded to our firm, we have established our experience as an on-call extension of public agency staff. Our surveyors are accustomed to working on a task order basis, and over years of experience with this kind of project delivery, have developed processes that streamline scheduling and allocation of resources for on-call task orders. Many of our public sector clients have continued to renew on-call agreements with us over time. We treat each new on-call opportunity as a relationship that will last decades—and we work hard to show our public sector clients that their goals are our goals.
K+W is trusted by many cities to bring their public improvements to life, such as the Town of Los Gatos, City of Hayward, the City of Alameda, City of Dublin, City of Livermore, and many local municipalities including Alameda County Public Works, Zone 7 Water Agency, and Alameda County Water District. Relying on our highly collaborative approach and decades of experience to influence our innovative solutions to their unique needs predicated by their company cultures and missions.
K+W’s growth and success is largely due to referrals, repeat business, and our underlying philosophy that demands the highest quality professional service, responsibility to client needs, and timeliness.
OFFICE LOCATIONS
K+W is a California Corporation with offices in Livermore, Santa Clara, Gilroy, Manteca, Sacramento, Camarillo, Irvine, Escondido, and Austin, Texas.
RESPONDING TO EMERGENCY SITUATIONS
K+W is built for flexibility. We understand that on-call contracts come with varying timelines, scopes, and budgets—and we’re prepared to respond quickly to meet the Town lf Los Gatos’ milestones.
Our experienced team of surveyors, engineers, and technicians are accustomed to being deployed as needed to support fast-moving projects. Thanks to the size and structure of our firm, we can manage multiple projects in parallel while maintaining quality and meeting concurrent deadlines.
ITEM NO. 11.
Town of Los Gatos | 2025 Town Surveyor Procurement
PUBLIC ON-CALL EXPERIENCE
Agency Served Since
Aerial Mapping + PhotogrammetryALTA SurveyAs-Built SurveysBoundary SurveysConstruction StakingFinal Map ReviewFlood CertificationsGPS SurveysL:AFCO Mapping/Descriptions Alameda County Public Works Agency 2001
Alameda County Zone 7 Water Agency 1997
City of Alameda 2016
City of Antioch 2021
City of Burlingame 2018
City of Dublin 2016
City of Hayward 2014
City of Livermore 2002
City of Milpitas 2016
City of Newark 2016
City of Pleasanton 1998
City of Port Hueneme 2017
City of San Leandro 2016
City of Thousand Oaks 2017
City of Walnut Creek 2o16
City of Sunnyvale 2020
County of Contra Costa 2024
Midpeninsula Open Space District 2002
Town of Los Gatos 2012
Ventura County General Services Agency 2016
Assigned Task-Orders
Pre-Qualified Services
ITEM NO. 11.
Kier + Wright | Page 9
PUBLIC ON-CALL EXPERIENCE cont.
Agency
Leveling SurveysLot Line Adjustments/Lot MergersPothole of Existing UtilitiesPreparation of Legal DescriptionsProcessing with County RecorderProvision of Title ReportsSurvey Mapping/Corner RecordsResearch of Existing UtilitiesResearch of Existing Base MapsROW/Appraisal MappingTopographic Design Surveys Alameda County Public Works Agency
Alameda County Zone 7 Water Agency
City of Alameda
City of Antioch
City of Burlingame
City of Dublin
City of Hayward
City of Livermore
City of Milpitas
City of Newark
City of Pleasanton
City of Port Hueneme
City of San Leandro
City of Thousand Oaks
City of Walnut Creek
City of Sunnyvale
County of Contra Costa
Midpeninsula Open Space District
Town of Los Gatos
Ventura County General Services Agency
Assigned Task-Orders
Pre-Qualified Services
ITEM NO. 11.
Town of Los Gatos | 2025 Town Surveyor Procurement
TOWN OF LOS GATOS
K+W’s longstanding relationship with the Town of Los
Gatos includes serving as Town Surveyor and On-Call
Surveyor, supporting a wide range of public and private initiatives. This depth of experience allows us to navigate local requirements efficiently and deliver high-quality, reliable surveying services. Our familiarity with local standards ensures seamless collaboration and responsive service
on every project we undertake.
Projects have included:
• Water Infrastructure Improvements
• Utility Infrastructure Improvements
• Traffic + Street Improvements
• Public + Community Facilities
• Education + Campus Improvements
• Healthcare Facilities
• Mixed-Use + Residential
PROJECTS WITHIN
SANTA CLARA COUNTY
1000+
PROJECTS WITHIN
THE TOWN OF LOS GATOS
200+
K+W project locations near and within the Town of Los Gatos Town of Los Gatos
ITEM NO. 11.
Kier + Wright | Page 11
SUBCONSULTANTS
COOPER AERIAL
Cooper Aerial boasts a well-connected staff of photogrammetrists, imagery specialists, project managers, traditional survey experts, aerial imagery collection experts, and GIS specialists. The firm’s commitment to quality is embodied in the longevity of the company’s experience and long-term relationships. Cooper has redefined how maps are made throughout the industry and has evolved operations by leveraging technological advances together with traditional methodologies.
Cooper Aerial provides professional photogrammetric mapping and imagery services for a variety of industries and market sectors throughout the United States, Mexico, and Canada.
Local Office:
6220 24th St.,
Sacramento, CA 95822
916.391.1651
COASTLINE UTILITY SERVICES
Coastline Utility Services is a premier utility locating firm serving California’s Central Coast and Bay Area. Specializing in the identification and marking of underground utility mains the company leverages advanced equipment and proven techniques to deliver precise, efficient results. Coastline Utility is committed to minimizing risk and ensuring safe development through high-quality, cost-effective solutions.
With deep regional expertise and a focus on accuracy, their team provides comprehensive utility locating and drain system inspection services—supporting property owners, developers, and contractors with timely, reliable data essential for informed decision-making.
Serving the Central Coast and San Francisco Bay Area
805.234.4620
At K+W, land
surveying is
more than a
foundation for
our designs
- it’s a core
component of
the services
that we offer.
ITEM NO. 11.
Team Qualifications
ITEM NO. 11.
Kier + Wright | Page 13
To support this contract, K+W has assembled a team of
professionals with deep expertise and a proven track record of ingenuity, collaborating effectively and rapidly responding to client needs. They all have prior experience managing on-call task orders.
PRINCIPAL-IN-CHARGE, QA/QC
Joe Thompson, the principal responsible for overseeing all land surveying and mapping services provided from K+W’s Livermore office location, will be our contract manager.
He will support task orders on a supervisory level, will provide internal QA/QC review during topographic survey and mapping task orders, and will be responsible for
ensuring that our survey managers have the resources
needed to continue providing the Town of Los Gatos with consistent, efficient, cost-effective service.
GENERAL SURVEYING + MAPPING
Topographic and boundary surveying, drone photogrammetry and mapping task orders will be managed by Dean Jurado
(day-to-day contact). Kc Keller will be available to support efforts as needed. These two highly experienced Senior
Land Surveyors will work in tandem as project managers
and direct points of contact for the Town of Los Gatos.
SUBCONSULTANTS
COOPER AERIAL - PHOTOGRAMMETRY
For any task orders where our in-house drone aerial
photogrammetry are prohibited from mobilizing, K+W
will utilize Cooper Aerial Surveys. Our Project Managers will directly coordinate with Cooper to schedule flights as needed.
COASTLINE UTILITY - HVAC POTHOLING +
UNDERGROUND UTILITY LOCATING
Coastline will provide HVAC potholing and underground
utility locating services as needed. In our previous oncall surveying contracts with the Town of Los Gatos, we have not yet needed to utilize these services however we have them ready for any task orders that require HVAC
potholing or underground utility locating.
TEAM QUALIFICATIONS
ITEM NO. 11.
Town of Los Gatos | 2025 Town Surveyor Procurement
Joe Thompson
PLS
SUBCONSULTANTS
LAND + AERIAL SURVEYING SUPPORT TECHNICIANS + FIELD CREWS Kc Keller
PLS
Dean Jurado
PLS
PROJECT MANAGER/DAY-TO-DAY CONTACT SENIOR PROJECT SURVEYOR
ORGANIZATIONAL CHART
LAND SURVEYING TEAM
PRINCIPAL-IN-CHARGE, QA/QC
COASTLINE - HVAC POTHOLING +
UNDERGROUND UTILITY LOCATING
COOPER AERIAL - PHOTOGRAMMETRY
ITEM NO. 11.
Kier + Wright | Page 15
PUBLIC ON-CALL
CONTRACTS
400+
TOWN OF LOS GATOS
PROJECTS
120+
PROJECT EXPERIENCE
Almaden Road Improvements,
Los Gatos, CA
Town of Los Gatos
Kennedy Road Improvements,
Los Gatos, CA
Town of Los Gatos
Shannon Road Map Review,
Los Gatos, CA
Town of Los Gatos
Harwood Road Improvements,
Los Gatos, CA
Town of Los Gatos
Roberts Road Lot Line
Adjustment, Los Gatos, CA
Town of Los Gatos
Blossom Hill Road Parcel Map,
Los Gatos, CA
Town of Los Gatos
On-Call Surveying,
Alameda, CA
City of Alameda
On-Call Surveying - Various Tasks,
Alameda County, CA
Alameda County Public Works Agency
Various On-Call Surveying Tasks,
Alameda County, CA
Alameda County Water District
Zone 7 Water Agency On-Call
Surveying - Various Tasks,
Alameda County, CA
Alameda County Zone 7
Water Agency
On-Call Surveying - Various
Tasks, Livermore, CA
City of Livermore
On-Call Surveying - Various
Tasks, Pleasanton, CA
City of Pleasanton
On-Call Surveying - Various
Tasks, Dublin, CA
City of Dublin.
Veteran’s Way Street
Improvements, Livermore, CA
City of Livermore
Oaks Business Park Regional
Public Improvements,
Livermore, CA
City of Livermore
On-Call Survey Contract -
Various Tasks, Antioch, CA
City of Antioch
Licenses + Registrations
PLS, California
Years Experience
28 Joe has 28 years of surveying experience for land development projects, including public improvement projects for city and county municipalities. He regularly oversees public surveying task orders related to water resources and flood control. Joe is known for rapidly responding to public clients and understanding K+W’s role as the Surveyor for improvements that impact the public well-being. Under his leadership, K+W’s public client list has grown at a rapid rate, which is a testament to his superior management.
JOE THOMPSON, PLS
Principal-in-Charge, QA/QC
ITEM NO. 11.
Town of Los Gatos | 2025 Town Surveyor Procurement
PUBLIC ON-CALL
CONTRACTS
400+
TOWN OF LOS GATOS
PROJECTS
120+
PROJECT EXPERIENCE
Kennedy Road Improvements,
Los Gatos, CA
Town of Los Gatos
Shannon Road Map Review,
Los Gatos, CA
Town of Los Gatos
Harwood Road Improvements,
Los Gatos, CA
Town of Los Gatos
Roberts Road Lot Line
Adjustment, Los Gatos, CA
Town of Los Gatos
Los Gatos High School Street
Abandonment, Los Gatos, CA
Los Gatos-Saratoga Union High
School District
City of Antioch On-Call,
Antioch, CA
City of Antioch
On-Call Map-Checking,
Dublin, CA
City of Dublin
On-Call Map-Checking,
Milpitas, CA
City of Milpitas
On-Call Surveying,
Alameda, CA
City of Alameda
On-Call Municipal Utility
Surveying Services, Alameda, CA
Alameda Municipal Power
Zone 7 Line Repairs: J-1 and F; J
and J-6, Dublin, CA
Alameda County Zone 7
Water Agency
Alameda Creek + Arroyo de la
Agua at Hwy. 84 Right-of-Way
Survey, Sunol, CA
Alameda County Zone 7
Water Agency
On-Call Map-Checking,
Burlingame, CA
City of Burlingame
Downtown Specific Plan
Improvements, Livermore, CA
City of Livermore
D Street 3D Scanning,
Hayward, CA
Alameda County Public Works
Licenses + Registrations
PLS, California
Years Experience
40 Dean Jurado has 40 years of land surveying experience. Specialties include on-call map-checking for municipal agencies, topographic surveys, and ALTA surveys.
Particular areas of expertise include right-of-way surveys, records of survey, well surveys, boundary resolutions and condominium maps. He is currently an acting town surveyor for the Town of Los Gatos and an acting city surveyor for Milpitas, Dublin, and Burlingame. In late 2019, Dean served as the interim county surveyor for the Alameda County Public Works Agency.
DEAN JURADO, PLS
Associate, Project Manager, Day-to-Day Contact
ITEM NO. 11.
Kier + Wright | Page 17
PROJECTS IN
SANTA CLARA
COUNTY
200+
PUBLIC ON-CALL
CONTRACTS
150+
PROJECT EXPERIENCE
Chicago + New York Ave.
Vacation, Los Gatos, CA
Town of Los Gatos
970 McLaughlin Industrial,
San Jose, CA
Seefried Industrial Properties
Fortune Business Center,
San Jose, CA
Fortune Business Center
Hampton Inn,
Sunnyvale, CA
Intermountain Management
Arques Ave. Improvements,
Sunnyvale, CA
Jones Day
Robert Livermore Park Solar
Canopy Project, Livermore, CA
Livermore Area Recreation + Park
District
Zone 7 Headquarters Monitoring,
Livermore, CA
Zone 7 Water Agency
City of Pleasanton On-Call,
Pleasanton, CA
City of Pleasanton
City of Sacramento On-Call,
Sacramento, CA
City of Sacramento
Somersville Town Center,
Antioch, CA
City of Antioch
Short Term Ace Train Station
Parking, Pleasanton, CA
City of Pleasanton
Zone 7 Line Repairs,
Pleasanton, CA
Zone 7 Water Agency
Sportsfield Park Survey,
Newark, CA
City of Newark
City of Madera Wastewater
Treatment Plant Solar
Installation, Madera, CA
City of Madera
Madera Municipal Airport Solar
Installation, Madera, CA
City of Madera
1250 Old Bayshore Highway
| Aerial Topographic Survey,
Burlingame, CA
City of Burlingame
Education
B.S. Geomatics Engineering
CSU Fresno
Licenses + Registrations
PLS, California
PLS, New Mexico
Years Experience
12 Kc Keller has been a part of K+W’s Livermore mapping department since 2013. His 12 years of land surveying experience includes survey drafting, mapping, and management of various survey tasks for a diverse range of land development and infrastructure improvement projects. Areas of expertise include complex boundary resolutions and the management, production and coordination of design-level topographic survey projects. As the Senior Land Surveyor assigned to this project, Kc will be responsible for overseeing the day-to-day progress of survey work. He will coordinate with office survey technicians and drafters to ensure that work is completed in conformance with the project schedule.
KC KELLER, PLS
Associate, Senior Project Surveyor
ITEM NO. 11.
Town of Los Gatos | 2025 Town Surveyor Procurement
Years Experience
17 Branch Office
Phoenix, AZ
PROJECT EXPERIENCE
I-580/Corral Hollow,
Photogrammetrist,
Tracy, CA
Conducted an aerial mapping project
of the I-580/Corral Hollow area for
CALTRANS. The project involved
capturing GSD Color Imagery
through two flight lines comprising
13 exposures, resulting in 11 mapping
models. Utilizing aerial ground control
established by Mark Thomas, the
team generated a 1”=50’ scale map
in stereo, including all planimetric
features and a 3D Digital Terrain
Model, essential for producing 1’
contour lines. LiDAR technology was
employed for comprehensive 3D
rendering and to classify the terrain
to Bare Earth, facilitating the contour
processing. Additionally, the project
encompassed flight services to
acquire 1:3600 color photography, lab
services for scanning all photography
at 10 microns, and imagery services
to produce an orthorectified file.
The final deliverables included an
analytical bridging report and digital
files in accordance with Caltrans
Requirements.
Sr 87 & Capitol Expressway,
Photogrammetrist,
San Jose, CA
Conducted an aerial mapping project
for CALTRANS at the SR 87 & Capitol
Expressway site. The operation
included acquiring 1:3600 color
photography across two flight lines
with a total of 13 exposures, leading
to the development of 11 mapping
models.
Utilizing aerial ground control
implemented by HMH CA, the team
produced a 1”=50’ scale map in
stereo, incorporating all planimetric
features and a 3D Digital Terrain
Model for the generation of 1’
contours. This project yielded various
deliverables, including 2D and 3D
AutoCAD files of the contours and
plan, a 3D AutoCAD file of the DTM,
ASCII format files of the DTM, Civil
3D XML surface files, orthorectified
imagery, and Microstation 2D and 3D
files. Lab services also scanned all
photography at 10 microns, ensuring
high-resolution data for processing
and analysis.
Philip has more than 17 years of experience and is a highly respected member of the aerial mapping community. In 2016, Philip acquired Cooper Aerial Surveys, Co. and became President & CEO. Since taking on this key leadership role, Philip has leveraged his extensive knowledge of computer science to bring Cooper to new heights in technology and innovation. Philip oversees many large-scale projects throughout Arizona and nationally. He works hands-on with each client and project that Cooper undertakes. His work with agencies such as the Department of Transportation, townships, counties, and numerous major developers, gives him the necessary skillset to manage projects of any size.
PHILIP GERSHKOVICH, CP - COOPER AERIAL
Lead Photogrammetrist
ITEM NO. 11.
Kier + Wright | Page 19
PROJECT EXPERIENCE
Lead Locate and Mark
Technician, Coastline Utility
Services,
Livermore, CA
Responsible for day to day operations
and management. In charge of
training and technician management.
Locate and Mark Technician,
Stake Center Locating,
Northern California
In coordination with Supervision and
other Technicians: Coordinated with
other utilities including construction
companies and homeowners to carry
out the Locate and Mark process as
needed. Use of ML3 Vivax and Pipe
Horn 800 to locate High Priority Fiber.
Locate and Mark Technician,
PG&E,
San Francisco / Richmond, CA
In coordination with Supervision and
other Technicians: Coordinated with
other utilities including construction
companies and homeowners to carry
out the Locate and Mark process as
needed. Use of ML3 Vivax and Pipe
Horn 800 to locate electrical and gas
facilities.
Lead Gas Service Technician,
Advanced Elevator Solutions,
Concord, CA
In coordination with upper
Management and Newly, acquired
or current duties included: Class B
Driver Hazmat Endorsed, Craned
Boom Truck operator, Multiple
Craned service Trucks. Transportation
Delivery Driver of bulk Propane (Bob
Tail) to various locations. Traveling
to various sites residential and
commercial Installing new propane
systems. To include Propane Tanks,
Gas Lines, Regulators, Meters,
and Appliances. Diagnosis Trouble
Shooting and repair of Propane
driven equipment and appliances.
Conducted natural gas to propane
conversions. Understanding
of chemical flow, pressures,
temperatures, and regulation of flow.
Norman is a seasoned utility technician with hands-on experience in locating, marking, and gas service operations. As the Lead Locate and Mark Technician at Coastline Utility Services, he oversees daily operations and technician training as well as champions safety and quality control. His expertise spans from highpriority fiber locating using advanced detection tools to complex propane system installations and conversions. Norman brings a strong combination of technical skill, field leadership, and operational know-how to every project.
NORMAN BANKS - COASTLINE
Lead Locating Technician
Years Experience
10 Branch Office
Livermore
ITEM NO. 11.
Project Approach
ITEM NO. 11.
Kier + Wright | Page 21
SCOPE OF SERVICES
Our experience providing the Town of Los Gatos and
other local municipalities with on-call surveying services informs our following overview of the scope of service
items anticipated for this contract.
AERIAL MAPPING + PHOTOGRAMMETRY
K+W has a rigid approach to the aerial mapping process
that insures that our surveys maintain the highest level of accuracy possible. We can utilize aerial triangulation methods as well as fully ground control approach. We
have also incorporated drone flights and have dedicated licensed drone flight operators that excel in aerial mapping and photogrammetry using our professional-grade Wingtra drones. We also prefer to limit our model size so that flying height can be lowered to provide our mapping consultant with the ability to maximize vertical accuracy. Our project surveyor will work with the Town of Los Gatos staff to identify the survey usage and limits, develop a mission plan and have our survey crews execute the ground control field
work and then we will utilize our drones to capture aerial photogrammetry data or work with Cooper Aerial when
the environment limits drone flights. Once the mapping
is complete we will then conduct supplemental ground
topographic surveying as needed. Once the field work
is complete the drafting process will begin along with
the follow up field and office checking procedures that we have in place as a part of our quality control process.
ALTA SURVEY
ALTA surveys will be prepared in conformance with the
2021 ALTA/NSPS Minimum Standard Detail Requirements
and Accuracy Standards for land title surveys along with any optional Table A items the Town of Los Gatos may
require. We have a fully developed in-house process for ALTA surveys and routinely deliver 5-10 of these surveys per week to our clients.
ALTA BUILT SURVEYS
Working with the Town of Los Gatos project manager or
inspection staff we will perform field surveys to confirm the condition of as-built improvements. Where applicable, we can utilize our 3D scanning capabilities to accurately capture existing conditions. We typically meet on-site
with client staff to define their concerns and develop
a work plan on how to insure that the deliverables will meet their needs.
BOUNDARY SURVEYS
Our normal approach to boundary surveys start with
the completion of detailed research for survey maps,
deeds, and other documentation that is germane to the
project. This research begins with the Town of Los Gatos survey records, continues into the recorded documents
and maps available from the public records and then
the County map and file room records are explored for
relevant information. Once the research is complete, a
boundary mosaic is prepared that will allow the project surveyor to understand how the boundary or right-ofway latches together and also serves as the roadmap for both the field survey as well as the boundary resolution.
Using the mosaic and preliminary calculations the field survey effort can be focused and effective in providing the needed information both quickly and economically.
Once the field survey work is complete then the field
monument and improvement positions are compared
against the record information and a fully resolved boundary survey is completed.
PROJECT APPROACH
ITEM NO. 11.
Town of Los Gatos | 2025 Town Surveyor Procurement
FINAL MAP REVIEW
K+W will review Subdivision Maps for conformance with the Subdivision Map Act and the Town of Los Gatos requirements.
We will review the map for technical correctness, and will sign the map as the Acting City Surveyor. Working with
the Town of Los Gatos staff we will develop a procedure to handle the submittals quickly and efficiently. This can be done either by a fully electronic transmission process or with printed copies.
GPS SURVEYS
We consider the utilization of GPS equipment in the surveying process as a tool designed to make our survey crews
more efficient. We currently have 8 pairs of Trimble GPS receivers with base stations along with several remote
base station systems available. We utilize Trimble Business Center for reduction and checking of data and we have
the capability to handle any GPS surveying task that
our clients may need. We are also conscious of vertical accuracy requirements so often times we supplement
the elevations from the GPS data by running digital level loops over the ground control points.
LEVELING SURVEYS
All leveling surveys will be completed by utilizing a
Trimble digital level and closed differential level loops.
We have 6 of these levels, several of which conform to
NGS specifications for Blue Book benchmark leveling. The data is checked and reduced using the Trimble Business
Center programs to insure quality control. For one of our on-call clients we have developed a 6 mile system of
repeatable rigid high accuracy level runs for subsidence monitoring purposes. Our crews are familiar with using
both a double rodded and return loop procedures.
LOT LINE ADJUSTMENTS/LOT MERGERS
We routinely use the Lot Line Adjustment process on both our on-call and on our development projects as this vehicle allows our clients the most flexibility when reconfiguring parcels. We are finding that more and more municipalities prefer to use the Parcel Map Waiver process to adjust or merge parcel lines and we also use this process routinely.
We are comfortable using either method.
POTHOLE OF EXISTING UTILITIES
During the course of the design project potential utility conflict areas will be identified and a plan of action for the potholing of the existing utility lines will be prepared.
We can work with the client to engage the services of a pre-approved contractor or with Badger Daylighting to
uncover these utility lines and then work with the contractor to gather field data to document the as-built locations and elevations of these facilities.
PROCESSING WITH COUNTY RECORDER
K+W is very familiar with the procedures and staff at the Santa Clara County Clerk and Recorder’s Office, and can process any document to recordation. We will also work
closely with the Title Company that the Town of Los Gatos uses to streamline this process whenever possible.
PROVISION OF TITLE REPORTS
We would work with the Town of Los Gatos to obtain any
title reports or other Title Company services that may
be needed to complete the needed tasks. Typically our
clients have a Title Company under contract to provide
Title Services however if one is not available then we
have established relationships with the major Bay Area
title company staff that would allow us to assist the Town of Los Gatos efficiently.
SURVEY MAPPING/CORNER RECORDS
If the Town of Los Gatos has a project that requires a
resolved boundary survey then the appropriate follow up documentation would be the filing of a Record of Survey.
We approach every boundary survey with an eye to this
requirement and identify early in the process an approach and budget for the Project Manager. We take this process seriously and have a good track record in processing
Records of Survey through the County Surveyors office.
The requirement for a Record of Survey to be filed could be triggered by the Boundary Survey process, a need to
document monumentation lost by a roadway improvement
project or the need to document a material discrepancy
found during the course of a survey prepared for the
Town of Los Gatos.
Corner Records are a useful tool used to perpetuate
the locations of existing monumentation that may be
lost during the construction process and document the
character of any replacement monumentation set. This
ITEM NO. 11.
Kier + Wright | Page 23
is a common process that we routinely follow for our oncall clients. The record of survey or corner record will be prepared by one of our licensed surveyors and will be
prepared in conformance with the provisions contained
in the California Land Surveyors’ Act.
ROW/APPRAISAL MAPPING
Our approach to right-of-way surveys start with the
completion of detailed research for survey maps,
improvement plans, existing right of way mapping, field notes, deeds and other required documentation. If the
project is to be completed under the purview of Caltrans then this research begins with filing an online records request. We are familiar with the process and have prepared these items for both Cities and the local transportation agencies. For our other municipal and private clients we have recently prepared formal boundary hard copies,
right of way record maps, right of way monument maps,
appraisal mapping, section 83 plats and the filing of Right of Way Records of Surveys all under Caltrans specifications and following their checking process.
ADDITIONAL SERVICES
FLOOD CERTIFICATIONS
K+W will prepare FEMA elevation certificate following
the guidelines established by FEMA. This work will be
completed using the information contained on the current FEMA Flood Insurance Rate Maps and incorporating any
modifications made by LOMR or flood insurance studies
that may affect the subject property. The certificates will be based on field surveys.
LAFCO MAPPING/DESCRIPTIONS
K+W will prepare the mapping and legal Descriptions as
required by LAFCO for annexation of existing parcels. Maps and descriptions will be based on record information when appropriate or a field survey when necessary. We are familiar with this process and have handled both annexations and de-annexations for our on-call clients.
PREPARATION OF LEGAL DESCRIPTIONS
Using either record data or field survey information K+W can prepare plats and legal descriptions for the Town of Los Gatos. We work with our client to develop a work plan that identifies both the record boundary of the overall subject property and the limits of the area or features to be described. We are also sensitive to the individual technical requirements that outside agencies require and we work hard to insure conformance.
EXISTING UTILITIES/BASE MAP RESEARCH
We have a full time utility researcher on staff that has the experience and relationships to conduct very efficient and complete utility research. We also have subscriptions
to the research assistance services provided by both
USA North and USA South that can be used to identify
any utility providers that may have facilities in the area in question. Our researcher has a full database of utility contacts and form letters set up that allows them to
process utility research requests quickly and they also maintain our tracking system to ensure that we can track the incoming responses.
ITEM NO. 11.
Town of Los Gatos | 2025 Town Surveyor Procurement
TOPOGRAPHIC DESIGN SURVEYS
On each project, a mission plan will be generated by the project surveyor working closely with the Town of Los
Gatos project manager to identify the specific needs
of the design team. A comprehensive markup will be
prepared for use by the field crews and support staff
in understanding the level of detail requested and to
identify the critical components of the survey. Our staff is experienced in the preparation of both small cross
section or hand topographic surveys and large scale
surveys that utilize a combination of aerial mapping and supplemental field hand survey information. Early in
the process our utility researcher would be engaged to
conduct full record utility research and one of our Land Surveyors would be included to develop the needed
right of way, property or easement lines.
Our project surveyors, field survey crews and our
drafting department conduct design level topographic
surveys on a daily basis. These surveys range in size
from a 50 shot as-built survey to 4 miles of freeway
with over 30,000 features located on top of full range
aerial mapping. Every member of our field staff is fully trained on the use of a Trimble robotic Total Station and we have spare instruments in house so that we can
run two instruments on a crew when appropriate. It is
not unusual for our crews to gather 1800-2500 topo
shots per man per day. Our staff has this process fully vetted and prides themselves in the preparation of the
highest quality, highest production topographic surveys possible.
CONSTRUCTION STAKING
For the construction staking projects that the Town of
Los Gatos may require our assistance on, the inspectors and/or contractors will work with our construction
survey department manager, Gerry Hammond, who
will assist them in setting up a program that provides
the level of service that each project requires. Typically, on these types of projects the Town of Los Gatos field
inspector will contact the survey crew dispatcher directly with a staking request; the dispatcher will be available to them as needed to make sure all their needs are
satisfied. The dispatcher also works directly with several staff members in the construction staking department
who are dedicated to providing construction support
and calculations. These staff members will conduct
whatever level of preparation and plan review that may
be required to support the field survey crews. They will also work with the project design team to identify any
questions or concerns that may exist in the plans prior to the crews being mobilized to the field. The fact that we have over ten field survey crews working in the bay
area everyday provides us with a great deal of flexibility on meeting the scheduling needs of your inspection
staff or to handle any emergency staking needs that
might arise.
ITEM NO. 11.
Kier + Wright | Page 25
COORDINATION + PROCESS
No K+W project is prepared within the company without
being managed, reviewed, and approved by a California
Licensed Land Surveyor.
Once a project task is received the project constraints are reviewed by all team members working on a specific
task. Any project constraint that may cause an issue is discussed early and an action plan is prepared.
Dean Jurado, PLS, Associate, Senior Land Surveyor will be the main point of contact and will work with the Town of Los Gatos to identify the survey usage and limits, develop a mission plan, and have our survey crews execute the
survey task order.
Once a mapped project has been sent to K+W, we review
the package to determine if it appears to be a complete submittal. Upon confirmation, the task is scheduled to the appropriate Senior Surveyor. If a due date has been provided by the Town of Los Gatos, we use that date; otherwise, for an initial submittal, a three-week review period is scheduled.
The assigned Senior Surveyor will review the package, mark up the documents with redlines, and prepare a comment
letter. At the two-week mark, a Project Assistant will send a reminder email to staff regarding the due date. If the task has already been completed, the Project Assistant
will update the tracking Smartsheet accordingly. A second reminder is sent two days before the due date, and the
same tracking procedure is followed. Once the review is complete, the package is submitted to the Town of Los
Gatos for the Engineer’s review.
Tracking tools include the Town of Los Gatos Smartsheet. Costs are controlled by reducing the number of ‘handoffs’ during the course of the project. Having the same dedicated map checker is an important aspect of maintaining a streamlined and efficient management approach. K+W does not switch
out the map checker, They are always dedicated for the
duration of the project.
PROJECTED 3-WEEK TIMELINE | KEY STAFF
FINAL DELIVERABLES TO THE CLIENT
PACKAGE SENT TO THE CITY
(Project Assistant)
(Project Assistant)
TWO-DAY NOTICE IF PROJECT HAS NOT COMPLETED
(Associate)
DOCUMENT REVIEW + COMMENT LETTER WRITTEN
(Project Assistant)
SCHEDULE REMINDER SENT WITHIN ONE WEEK
(Senior Surveyor)
SCHEDULED BY ASSOCIATE
(Associate)
REVIEW PACKAGE FOR COMPLETENESS
(K+W Team Meeting)
NOTICE TO PROCEED
ITEM NO. 11.
Town of Los Gatos | 2025 Town Surveyor Procurement
2850 Collier Canyon Road, Livermore, CA 94551 (925) 245-8788 kierwright.com September 7, 2023
TOWN OF LOS GATOS,
PARK AND PUBLIC WORKS DEPARTMENT
Attn: Corvell Sparks
41 Miles Avenue
Los Gatos, CA 95030
SUBJECT: USL Parcel Map Review – 15975 Cerro Vista Drive, 1st Submittal Comments Dear Corvell,
I have completed the first review of the USL Parcel Map Review, 15975 Cerro Vista Drive, Comments are as follows:
The required parcel map submittal documents are missing and incomplete. Attached is a marked up Parcel Map checklist for reference.
If you have any questions concerning these comments, please feel free to call me at 209-328-1123 extension 105 or email me at [email protected].
Sincerely,
KIER & WRIGHT
Dean A. Jurado PLS
SENIOR SURVEYOR
[email protected], 209-328-1123 ext. 3105
ITEM NO. 11.
Kier + Wright | Page 27
One Shoreline, San Mateo County
Highline Canal + Portal Creek
Cross Section QA/QC
One Shoreline, San Mateo County
Flood + Sea Level Rise Resiliency District
Cross Section QA/QC
One Shoreline, San Mateo County
Mills Creek + Easton Creek
Cross Section QA/QC
ITEM NO. 11.
References
ITEM NO. 11.
Kier + Wright | Page 29
REFERENCES
With each on-call contract awarded to our firm, we have established our experience as an on-call extension of public agency staff. Our team is accustomed to working on a task order basis and have developed processes that streamline scheduling and allocation of resources for on-call task orders. Many of our public sector clients have continued to renew on-call agreements with us over time. Selected references are provided below:
JEFF TANG
Zone 7 Water Agency
925.454.5075
[email protected]
ROBERT ALONZO
City of Milpitas
408.586.3316
[email protected]
KAN XU
City of Alameda
510.747.7974
[email protected]
ADDITIONAL REFERENCES
ADAM NELKIE
City of Pleasanton
925.931.5675
[email protected]
DAVID VEASEY
City of Sacramento
916.808.6364
[email protected]
LAURIE SUCGANG
City of Dublin
925.833.6639
[email protected]
CHARLES ANDERSON
Schaaf & Wheeler
408.246.4848
[email protected]
“. . . our best
on-call surveyors
to date. The
other firms are
not responsive
like K+W.”
Jeff Tang
Associate Civil Engineer
Zone 7 Water Agency
ITEM NO. 11.
Sample Projects
ITEM NO. 11.
Kier + Wright | Page 31
Project Details
K+W provided a channel topographic survey for the County of Alameda, delivering essential data for a future creek restoration located near the Oakland Coliseum as well as the associated infrastructure improvements. The scope included preparation of topographic maps, 3D ground surfaces, roadway and channel alignments, cross sections, and documentation of ground cover features. These deliverables were critical in identifying conditions that would impact future design and construction costs. K+W worked closely with the County to coordinate field access with adjacent property owners and collaborated directly with the County Surveyor’s office. This included joint review of tract maps, parcel maps, records of survey, corner records, and LAFCo documentation to ensure comprehensive, accurate mapping across the project area.
Outcome: The challenging environment required the use of lidar technology as well as conventional surveying.
The scope of work was completed on time and within budget.
Project Details
K+W provided comprehensive land surveying services to support a street abandonment project for the Los Gatos High School. The scope included a full boundary survey, record of survey preparation, and detailed boundary research to support right-of-way vacation efforts. Property corners were set, and legal descriptions with plats were prepared for three separate vacations. The team also reviewed and coordinated the preliminary title report to ensure accuracy in all documentation. Completed within a six-week schedule, the work provided the district with the precise mapping and documentation needed to facilitate the successful street abandonment process.
Outcome: The Record of Survey and Plats and Legal Descriptions were completed within the project timeline.
CHANNEL TOPOGRAPHIC SURVEY | Alameda County
STREET ABANDONMENT | Town of Los Gatos
Client
Alameda County Department of
Public Works
Paul Kittredge, Sr. Land Surveyor
Completed
2017
Relevance
On-Call Surveying
Channel-Creek Restoration
Topographic + 3D Ground Imaging
Client
Town of Los Gatos
James Watson, Sr. Civil Engineer
Land Development
Completed
2023
Relevance
City Surveyor Services
Boundary + Record of Survey
Legal Descriptions (Vacations)
ITEM NO. 11.
Town of Los Gatos | 2025 Town Surveyor Procurement
Project Details
K+W provided land surveying services to support a lot line adjustment for a proposed aquatic center project in the City of Alameda. K+W’s surveying team prepared a detailed site map identifying existing improvements, easements, and structures to inform the adjustment process. Plat and legal descriptions were developed for the adjusted parcels and submitted for inclusion in the Certificate of Compliance to be recorded by the City’s title company. In addition, K+W coordinated directly with the title company to provide the legal description required for the Grant Deed. All services were completed within a three-week schedule to meet the City’s project timeline.
Outcome: This lot line adjustment within a difficult area was completed ontime and within budget.
Project Details
K+W has provided the Alameda County Public Works Agency + Zone 7 Water Agency with on-call land surveying services since 1997 (Zone 7) and 2001 (Public Works). Under the current master services agreement with Alameda County Public Works, K+W’s team has completed over 200 task orders, which have included topographic surveying, mapping, bathymmetric survey, construction staking, map review, boundary surveying, 3D scanning and staff augmentation. K+W provided the Alameda County Zone 7 Water Agency with surveying for the repair of Lines J and J6 and J-1 and F. K+W deliverables included an aerial orthophoto that shows elevations and contours captured via drone photogrammetry and limited supplemental field survey.
Outcome: K+W responded to this on-call task order within 48 hours, quickly delivering accurate survey information for the repair project. Our drone quickly captured approximately 7,200 linear feet of a 200-foot-wide corridor along the channel, flying over residential properties, commercial developments, and freeway traffic.
LOT LINE ADJUSTMENT | City of Alameda
Client
Alameda County Public Works +
Zone 7 Water Agency
Jeff Tang, Assoc. Civil Engineer
Completed
2000 - Ongoing
Relevance
On-Call Surveying
Topographic + Boundary Survey
Bathymmetric Survey
3D Scanning
Staff Augmentation
ZONE 7 + PUBLIC WORKS ON-CALL | Alameda County
Client
City of Alameda
Kan Xu, City Engineer
Completed
2025
Relevance
On-Call Surveying
Lot Line Adjustment
3-Week Schedule
ITEM NO. 11.
Kier + Wright | Page 33 Page 242
ITEM NO. 11.
Other Relevant
Experience
ITEM NO. 11.
Kier + Wright | Page 35
OTHER RELEVANT
EXPERIENCE
AERIAL MAPPING + 3D SCANNING
K+W’s drone-aerial surveying team begins by conducting a thorough pre-flight planning and risk assessment to assess key survey areas, flight paths, and potential hazards. K+W’s drone technicians are skilled in piloting drones over all types of terrain. Proficient in using advanced sensors such as Lidar, dense tree and ground vegetation coverage is removed and bare-ground cross-sections are produced which in turn provides extremely accurate site details.
K+W surveyors use aerial drones to efficiently deliver highly accurate aerial mapping on any scale. K+W has successfully completed aerial drone surveys to assess sites as large as 10,000 acres. Key deliverables associated with drone/aerial surveying + imaging includes:
• Lidar Surveys
• Green Wave Lidar + Bathymetric Mapping
(In Collaboration with Cooper Aerial)
• Flood + Erosion Analysis-Control
• High Resolution Orthophotos
• Topographic Contour Mapping
• Adjacent Utilities Mapping
• Existing Conditions (Site + Structures)
• Utility Locations
• Detailed Building Measurements
• Tree Heights + Utility Clearance
• Environmental Impacy Analysis
• Land-Use Planning
• ADA Survey-Upgrades
... we are able
to prepare a
precise survey
scope...that
is complete,
economical +
reliable.
Zone 7 Water Agency
Matador Creek
Zone 7 Water Agency
Livermore Creek
ITEM NO. 11.
Kier + Wright Hourly Rates | Central www.kierwright.com
HOURLY RATE SCHEDULE
Effective February 24, 2025 through February 28, 2026
Principal ............................................................................................................................................................................................................ $ 325.00 / Hour Development Services Manager....................................................................................................................................................$ 305.00 / Hour Associate.......................................................................................................................................................................................................... $ 275.00 / Hour Structural Engineering Manager ....................................................................................................................................................$ 260.00 / Hour Technical Manager (SME) / Senior Engineering Manager..........................................................................................$ 260.00 / Hour Senior Engineer...........................................................................................................................................................................................$ 249.00 / Hour Engineer III ......................................................................................................................................................................................................$ 228.00 / Hour Engineer II........................................................................................................................................................................................................ $ 198.00 / Hour Engineer I.........................................................................................................................................................................................................$ 160.00 / Hour Engineering Tech III .................................................................................................................................................................................$ 208.00 / Hour Engineering Tech II................................................................................................................................................................................... $ 189.00 / Hour Engineering Tech I .....................................................................................................................................................................................$ 153.00 / Hour Project Coordinator III..............................................................................................................................................................................$ 150.00 / Hour Project Coordinator II ...............................................................................................................................................................................$ 137.00 / Hour Project Coordinator I.................................................................................................................................................................................$ 129.00 / Hour Senior Land Surveyor............................................................................................................................................................................. $ 255.00 / Hour Senior Survey Construction Manager......................................................................................................................................... $ 255.00 / Hour Survey Operations Coordinator....................................................................................................................................................... $ 225.00 / Hour Project Surveyor III....................................................................................................................................................................................$ 228.00 / Hour Project Surveyor II ......................................................................................................................................................................................$ 185.00 / Hour Project Surveyor I .......................................................................................................................................................................................$ 158.00 / Hour Draftsman / Survey Tech III................................................................................................................................................................$ 178.00 / Hour Draftsman / Survey Tech II .................................................................................................................................................................$ 152.00 / Hour Draftsman / Survey Tech I ..................................................................................................................................................................$ 132.00 / Hour 3D Laser Scanning Crew ......................................................................................................................................................................$ 444.00 / Hour 3-Man Survey Crew..................................................................................................................................................................................$ 467.00 / Hour 2-Man Survey Crew..................................................................................................................................................................................$ 367.00 / Hour 1-Man Survey Crew...................................................................................................................................................................................$ 227.00 / Hour Engineering / Survey Intern .................................................................................................................................................................$ 90.00 / Hour Testimony (Trial or Deposition)........................................................................................................................................................$ 589.00 / Hour All blueprinting and reproduction will be billed at cost plus 10%.
Time spent for preparation for testimony will be billed in accordance with the above hourly rates.
ITEM NO. 11.
PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 12
DATE: July 25, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Seventh Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW)
RECOMMENDATION: Authorize the Town Manager to execute a Seventh Amendment (Attachment 1) to a special services agreement with Liebert Cassidy Whitmore.
FISCAL IMPACT:
There is no additional fiscal impact associated with the seventh amendment as there is sufficient funding remaining in the contract to provide services through Fiscal Year (FY) 2025-
26. Staff estimates that costs for FY 2025-26 will not exceed $80,000, which is consistent with the average amount spent per year and is already included in the adopted FY 2025-26 budget.
STRATEGIC PRIORITIES:
This item relates to the Town’s strategic priority of prudent financial management as LCW helps the Town with employee relations and labor relations issues to mitigate any significant financial risks associated with those areas.
BACKGROUND:
In 2018, Liebert Cassidy Whitmore (LCW) was selected as a single source provider for labor and employment relations services, and services were continued in 2020 as the result of a competitive interview process. LCW provides valuable negotiations and employee relations legal guidance and has established a good rapport with the Town’s bargaining units.
On May 17, 2022, the Town Council authorized the Town Manager to execute a First Amendment to the Special Services Agreement with LCW to extend the term through June 30,
ITEM NO. 12.
PAGE 2 OF 3
SUBJECT: Seventh Amendment to Agreement with Liebert Cassidy Whitmore (LCW) DATE: July 25, 2025
2024 and to increase compensation in the amount of $15,000 for a total contract amount not to exceed $180,000.
On September 20, 2022, the Town Council authorized the Town Manager to execute a Second Amendment to the Special Services Agreement with LCW to increase compensation in the amount of $50,000 for a total contract amount not to exceed $230,000.
On September 19, 2023, the Town Council authorized the Town Manager to execute a Third Amendment to the Special Services Agreement with LCW to increase compensation in the amount of $50,000 for a total contract amount not to exceed $280,000.
On October 17, 2023, the Town Council authorized the Town Manager to execute a Fourth Amendment (Attachment 5) to the Special Services Agreement with LCW to increase compensation in the amount of $150,000 for a total contract amount not to exceed $430,000.
On June 18, 2024, the Town Council authorized the Town Manager to execute a Fifth Amendment to the special services agreement with LCW to increase the compensation in the amount of $120,000 for a total contract not to exceed $550,000.
On August 6, 2024, the Town Council authorized the Town Manager to execute a Sixth Amendment to the special services agreement with LCW to update the fee schedule for LCW hourly rates.
DISCUSSION:
The current agreement expired on June 30, 2025. The proposed Seventh Amendment would extend the term to June 30, 2026, and update LCW’s rates. LCW provides ongoing legal services related to employee and labor relations issues, and it would be detrimental to the Town if the Human Resources staff lost the continuity of services provided by LCW.
CONCLUSION:
LCW has been highly effective in assisting the Town with labor negotiations and employment relations support. Staff recommend that the Town Council authorize the Town Manager to execute the Seventh Amendment to extend the term of the agreement.
COORDINATION:
This memo was coordinated with the Finance Department and the Town Attorney’s Office.
ITEM NO. 12.
PAGE 3 OF 3
SUBJECT: Seventh Amendment to Agreement with Liebert Cassidy Whitmore (LCW) DATE: July 25, 2025
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Seventh Amendment
2. Combined First Amendment with Original Agreement through Sixth Amendment
ITEM NO. 12.
SEVENTH AMENDMENT TO AGREEMENT FOR SPECIAL SERVICES
PREAMBLE
THIS SEVENTH AMENDMENT TO AGREEMENT is entered into this 1st day of July, 2025, by and between the Town of Los Gatos, State of California, herein called the “Town,” and Liebert Cassidy Whitmore, a Professional Corporation (“Attorney”), herein called the “Attorney.” I. RECITALS
A. Town and Attorney entered into a Special Services Agreement from February 1, 2020, through February 1, 2022 (“Agreement”).
B. Town and Attorney entered into a First Amendment to Agreement on May 17, 2022.
C. Town and Attorney entered into a Second Amendment to Agreement on September 12, 2022.
D. Town and Attorney entered into a Third Amendment to Agreement on September 19, 2023.
E. Town and Attorney entered into a Fourth Amendment to Agreement on October 17, 2023.
F. Town and Attorney entered into a Fifth Amendment to Agreement on June 18, 2024.
G. Town and Attorney entered into a Sixth Amendment to Agreement on August 6, 2024.
II. AMENDMENT
1. The fee schedule associated with the hourly rates for the following consultant positions shall be increased to the following amounts:
Partners $465.00
Senior Counsel $385.00
Associates $295.00 - $365.00
Labor Relations/Human Resources Consultant $305.00
Classification and Compensation Consultant $230.00
Paralegals $165.00
E-Discovery Specialists $185.00
Law Clerks $180.00 - $200.00
2. The Town desires to extend the Agreement from July 1, 2025 through June 30, 2026.
Attachment 1 Page 249
ITEM NO. 12.
3. All other terms and conditions of the Agreement dated February 1, 2020, the First Amendment dated May 17, 2022, Second Amendment dated September 12, 2022, Third Amendment dated September 19, 2023, Fourth Amendment dated October 17, 2023, Fifth Amendment dated June 18, 2024, and Sixth Amendment dated August 6, 2024, remain in full force and effect.
IN WITNESS WHEREOF, the Town and Attorney have executed the Seventh Amendment to Agreement as of the date indicated above.
Town of Los Gatos: Attorney:
By: By:
Chris Constantin J. Scott Tiedemann, Managing Partner
Town Manager Liebert Cassidy Whitmore
Department Approval:
Cheryl Parkman
Human Resources Director
Approved as to Form:
Gabrielle Whelan
Town Attorney
Attest:
Wendy Wood
Town Clerk
ITEM NO. 12.
SIXTH AMENDMENT TO AGREEMENT FOR SPECIAL SERVICES
THIS SIXTH AMENDMENT TO AGREEMENT is entered into this 6 th day of August, 2024, by and
between the Town of Los Gatos, State of California, herein called the “Town,” and Liebert Cassidy Whitmore, a Professional Corporation (“Attorney”), herein called the “Attorney.”
RECITALS
A. Town and Attorney entered into a Special Services Agreement from February 1, 2020, through February 1, 2022 (“Agreement”).
B. Town and Attorney entered into a First Amendment to Agreement on May 17, 2022.
C. Town and Attorney entered into a Second Amendment to Agreement on September 12, 2022.
D. Town and Attorney entered into a Third Amendment to Agreement on September 19, 2023.
E. Town and Attorney entered into a Fourth Amendment to Agreement on October 17, 2023.
F. Town and Attorney entered into a Fifth Amendment to Agreement on June 18, 2024,
AMENDMENT
1. The fee schedule associated with the hourly rates for the following consultant positions shall be increased to the following amounts:
Partners $430.00
Senior Counsel $360.00
Associates $270.00 - $340.00
Labor Relations/Human Resources Consultant $280.00
Classification and Compensation Consultant $210.00
Paralegals $150.00
E-Discovery Specialists $175.00
Law Clerks $150.00 - $185.00
2. All other terms and conditions of the Agreement dated February 1, 2020, the First Amendment dated May 17, 2022, Second Amendment dated September 12, 2022, Third Amendment dated September 19, 2023, Fourth Amendment dated October 17, 2023, and Fifth Amendment dated June 18, 2024, remain in full force and effect.
IN WITNESS WHEREOF, the Town and Attorney have executed the Sixth Amendment to Agreement as of the date indicated above.
Town of Los Gatos: Attorney:
By: By:
Katy Nomura J. Scott Tiedemann, Managing Partner
Interim Town Manager Liebert Cassidy Whitmore
Docusign Envelope ID: 9ABFA863-2F52-436B-85E6-8EBCFEEC7628 9/25/2024 9/23/2024
ATTACHMENT 2
ITEM NO. 12.
Department Approval:
Cheryl Parkman
Human Resources Director
Approved as to Form:
Gabrielle Whelan
Town Attorney
Attest:
Wendy Wood
Town Clerk
Docusign Envelope ID: 9ABFA863-2F52-436B-85E6-8EBCFEEC7628 9/23/2024
9/24/2024
9/25/2024
ITEM NO. 12.
FIFTH AMENDMENT TO AGREEMENT FOR SPECIAL SERVICES
THIS FIFTH AMENDMENT TO AGREEMENT is entered into this 1 st day of July, 2024, by and
between the Town of Los Gatos, State of California, herein called the “Town,” and Liebert Cassidy Whitmore, a Professional Corporation (“Attorney”), herein called the “Attorney.”
RECITALS
A. Town and Attorney entered into a Special Services Agreement from February 1, 2020, through February 1, 2022 (“Agreement”).
B. Town and Attorney entered into a First Amendment to Agreement on May 17, 2022.
C. Town and Attorney entered into a Second Amendment to Agreement on September 12, 2022.
D. Town and Attorney entered into a Third Amendment to Agreement on September 19, 2023.
E. Town and Attorney entered into a Fourth Amendment to Agreement on October 17, 2023.
AMENDMENT
1. Total compensation by the Town for the Attorney’s services shall increase by an additional $120,000, not to exceed $550,000 over the course of the agreement.
2. The Town desires to extend the Agreement from July 1, 2024 through June 30, 2025.
3. All other terms and conditions of the Agreement dated February 1, 2020, the First Amendment dated May 17, 2022, Second Amendment dated September 12, 2022, Third Amendment dated September 19, 2023, and Fourth Amendment dated October 17, 2023 remain in full force and effect.
IN WITNESS WHEREOF, the Town and Attorney have executed the Fifth Amendment to Agreement as of the date indicated above.
Town of Los Gatos: Attorney:
By: By:
Katy Nomura J. Scott Tiedemann, Managing Partner
Interim Town Manager Liebert Cassidy Whitmore
Department Approval:
Katy Nomura
Interim Town Manager
Docusign Envelope ID: 02751A2A-1660-4509-9407-2FA17A737491 9/24/2024 9/20/2024
9/24/2024
ITEM NO. 12.
Approved as to Form:
Gabrielle Whelan
Town Attorney
Attest:
Wendy Wood
Town Clerk
Docusign Envelope ID: 02751A2A-1660-4509-9407-2FA17A737491 9/23/2024
9/24/2024
ITEM NO. 12.
ITEM NO. 12.
ITEM NO. 12.
ITEM NO. 12.
ITEM NO. 12.
ITEM NO. 12.
DocuSign Envelope ID: F709E150-B3B8-4C9B-994F-22D9C90698A1
LIEBERT CASSIDY WHITMORE
FEE SCHEDULE
Pmtners $415.00
Senior Counsel $345.00
Associates $230.00 - $325.00
Labor Relations/Human Resources Consultant $260.00
Paralegals $145.00
E-Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
ITEM NO. 12.
DocuSign Envelope ID F709E150-B3B8-4C9B-994F-22D9C90698A1 • AGR .;i.o. D.14?
IHH ------
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of UEBERT CASSIDY WHITMORE, A Professional Corporation ("Attorney"), and the TOWN OF LOS GATOS, A Municipal Corporation ("Town").
t. Conditions
This Agreement will not take effect, and Attorney will have no obligation to provide services, until Town returns a properly signed and executed copy of this Agreement.
2. Attorney's Services
Attorney agrees to provide Town with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by Town or otherwise required by law.
3. Fees, Costs, Expenses
Town agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time. to-n..\.. co_:.npe--vi S cm oor1 -hi I � 6v1a;n'o n Of-Th-LS .�c.e-e ' vv �
The cunent range of hourly rates for Attorney time is from Two Hundred Ten to l� V\ot
e�c..ee&
Three Hundred Eighty Dollars ($210.00 • $380.00). See Schedule I for a full Fee <Et, l(,ps; ooo.
Schedule. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July l. Attorney will provide the Town with written notification of any adjustment in the range of rates. Attorney bills its time in minimum units of onetenth of an hour. 9120460.1 LC00l-009
ITEM NO. 12.
ITEM NO. 12.
ITEM NO. 12.
ITEM NO. 12.
ITEM NO. 12.
ITEM NO. 12.
PREPARED BY: James Watson
Senior Civil Engineer – Land Development
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, Parks and Public Works Director, and Town Engineer
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 13
DATE: July 31, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for Specified Private Improvements Completed by SummerHill N40 LLC for the North 40 Phase 1 Development at Lark Avenue and Los Gatos Boulevard and Direct Staff to Submit it for Recordation RECOMMENDATION: Authorize the Town Manager to execute a Notice of Completion and Certificate of Acceptance (Attachment 1) for specified
improvements completed by SummerHill N40 LLC (“SummerHill”) for the North 40 Phase 1 Development at Lark Avenue and Los Gatos Boulevard and direct staff to submit it for recordation.
FISCAL IMPACT:
The improvements constructed and recommended for acceptance are on private property and will be owned and maintained by the property owner. Therefore, there is no anticipated fiscal impact to the Town.
STRATEGIC PRIORITIES
This project supports the Core Goals of Quality Public Infrastructure.
BACKGROUND:
On August 1, 2017, the Town Council adopted Resolution 2017-045 approving the construction of a mixed-use development consisting of 320 residential units, approximately 66,800 square feet of commercial space, associated off-site improvements, and a vesting tentative map on property zoned as part of the North 40 Specific Plan.
ITEM NO. 13.
PAGE 2 OF 4
SUBJECT: Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for Specified Improvements Completed by SummerHill N40 LLC for the North 40 Phase 1 Development
DATE: August 5, 2025
On September 7, 2018, the Town Council approved the final map for Tract 10441 – North 40 Phase 1, accepting the dedications and authorizing the Town Manager to execute a Subdivision Improvement Agreement (“SIA”) (Attachment 2), and various other documents to support implementation of the approved project.
On October 4, 2018, the Town executed the SIA with SummerHill for the construction of certain improvements required by various Conditions of Approval (“Required Improvements”) stipulated during the Architectural and Site Plan entitlement process. The SIA stipulates 18 “Plans”, identified as “a” through “r”, to be prepared by SummerHill to complete the Required Improvements. The SIA also adds the “North 40 Phase 1 Offsite Lark and Los Gatos Blvd - Pavement Replacement” project in Section 6 – Improvement Security as a bonded project, referred to in Table 1 below as “No ID”.
The SIA requires SummerHill to furnish the Town security bonds to guarantee their performance in executing the required work. On June 20, 2023, the Town Council accepted project improvements listed in Table 1 below.
Table 1. Bonded Improvements Completed by Summerhill and Accepted June 20, 2023 Plan ID1 Description of Improvement Bond Value
d
Los Gatos North 40 Tract 10441 In tract Rough Grading Plans dated August 14, 2018, by Mackay & Somps $6,430,000
e Los Gatos North 40 Phase 1, Offsite Los Gatos Blvd Phase A, Improvement Plans dated July 27, 2018, by Mackay & Somps $710,000
f
Los Gatos Blvd & Walker Street Traffic Signal Plan dated August 2018 by Fehr & Peers
g
Walker Street & Los Gatos Blvd Phase A Signing and Striping Plan dated August 2018 by Fehr & Peers
m
Los Gatos North 40 Offsite Lark Avenue Caltrans Right of Way Improvement Plans dated March 12, 2018, including plans by Mackay & Somps, Finn Design Group, Van Dorn Abed, Fehr & Peers, and Giacalone
$799,000
r Los Gatos North 40 Phase 1 Offsite Storm and Sanitary Sewer Improvement Plans dated September 13, 2017 $401,000
No ID North 40 Phase 1 Offsite Lark and Los Gatos Blvd - Pavement Replacement $3,262,000
Note 1: As defined in the Subdivision Improvement Agreement between Town of Los Gatos and Summerhill.
ITEM NO. 13.
PAGE 3 OF 4
SUBJECT: Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for Specified Improvements Completed by SummerHill N40 LLC for the North 40 Phase 1 Development
DATE: August 5, 2025
On February 6, 2024, the Town Council accepted project improvements listed in Table 2 below.
Table 2. Bonded Improvements Completed by Summerhill and Accepted February 6, 2024 Plan ID1 Description of Improvement Bond Value
h
Los Gatos North 40 Phase 1 Offsite Lark Avenue and Los Gatos Boulevard Improvement Plans dated June 4, 2018, by Mackay & Somps
$1,938,000
i
North 40 Phase 1 Public Street Lighting Plans dated June 2018 by Giacalone
j
North 40 Offsite Lark Avenue and Los Gatos Blvd Landscaping Plans dated June 1, 2018, by Van Dorn Abed
k Lark Ave & Los Gatos Blvd Traffic Signal Plans dated June 2018 by Fehr & Peers
l Lark Ave & Los Gatos Blvd Signing and Striping Plans dated June 2018 by Fehr & Peers
n Los Gatos North 40 Phase 1 Lark Avenue Bike Lane
Improvement Plans dated March 15, 2018, by Mackay &
Somps
$390,000
o North 40 Offsite Lark Avenue Landscape Construction
Drawings dated June 6, 2018, by Van Dorn Abed
p Lark Ave & Oka Road Traffic Signal Plans dated June 2018 by Fehr & Peers
q Lark Avenue Signing and Striping Plans dated June 2018 by Fehr & Peers
Note 1. As defined in the Subdivision Improvement Agreement between the Town of Los Gatos and Summerhill.
DISCUSSION:
SummerHill has now completed the remaining three projects described within the SIA. Staff has inspected the work and found it to be complete with proper documentation submitted. Table 3 summarizes the projects proposed to be accepted with this recommendation. Photos of the completed work are in Attachment 3.
ITEM NO. 13.
PAGE 4 OF 4
SUBJECT: Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for Specified Improvements Completed by SummerHill N40 LLC for the North 40 Phase 1 Development
DATE: August 5, 2025
Table 3. Bonded Improvements Completed by Summerhill as of June 2025 in Association with the Phase 1 North 40 Project
Plan ID1 Description of Improvement Bond Value
a
Los Gatos North 40 - Phase 1 Tract 10411 Improvement Plans dated August 24, 2018, by Mackay & Somps
b $6,655,000 North 40 – Onsite Private Street Lighting Plans dated August 23, 2018, by Giacalone
c
North 40 In-tract/Phase One Landscape Construction Plans dated August 2, 2018, by Van Dorn Abed
Note 1. As defined in the Subdivision Improvement Agreement between the Town of Los Gatos and Summerhill.
The SIA stipulates that once the Council accepts a project, a two-year warranty period for the accepted work is initiated. Per the SIA, SummerHill will provide the Town a two-year Guarantee and Warranty Security Bond in the amount of 10 percent of the original value of the bond. The Guarantee and Warranty Security Bond will provide for the repair and/or replacement of defective materials and workmanship in the completed improvements.
Although the Town does not and will not own the improvements proposed for acceptance, the SIA still requires the two-year Guarantee and Warranty Security Bond to be submitted prior to the Town’s release of the Faithful Performance and Labor and Materials bonds. During the warranty period, the Town has the opportunity to facilitate the repair of any defective materials or workmanship, such as the stormwater treatment facilities that were installed as part of the projects proposed for acceptance.
CONCLUSION:
Staff is recommending that the Town Manager be authorized to execute the Notice of Completion and Certificate of Acceptance for specified improvements completed for the Phase 1 North 40 Project, and authorize the recordation, thereby completing the final construction project stipulated in the SIA.
ENVIRONMENTAL ASSESSMENT:
An Environmental Impact Report (EIR) for the project was certified by the Town Council on January 20, 2015.
Attachments:
1. Notice of Completion and Certificate of Acceptance
2. Subdivision Improvement Agreement
3. Photos of Complete Work
ITEM NO. 13.
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
______________________________________________________________________________ (SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103)
TYPE OF RECORDING
NOTICE OF COMPLETION AND CERTIFICATE OF ACCEPTANCE
NORTH 40 – PHASE 1
LARK AVENUE AND LOS GATOS BOULEVARD, LOS GATOS, CA
TO WHOM IT MAY CONCERN:
I do hereby certify that SummerHill N40 LLC completed the work secured with Improvement Security (1) as defined in the Subdivision Improvement Agreement Section 6.a., specifically located in the TOWN OF LOS GATOS, County of Santa Clara, State of California executed October 4, 2018. The work was completed in June 2025, and approved and accepted on August 5, 2025.
Bond No.: 728666
Date: October 11, 2018
INTERNATION FIDELITY INDEMNITY COMPANY
One Network Center, 20th Floor, Newark, New Jersey 07102-5207
TOWN OF LOS GATOS
By: __________________________________
Chris Constantin, Town Manager
Acknowledgement Required
ATTACHMENT 1
ITEM NO. 13.
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
24041269
Regina Alcomendras
Santa Clara County - Clerk-Recorder
10/11/2018 01:23 PM
CONFORMED COPY
Copy of document recorded.
Has not been compared with original.
{SPACE ABOVE BAR FOR RECORDER'S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 and 6103)
SUBDIVISION IMPROVEMENT AGREEMENT
North 40 Phase 1
Los Gatos, CA 95032
APNs: 424-07-024 through 424-07-027, 424-07-031 through 424-07-035, 424-07-070, 424-07-084 through 424-07-086, 424-07-090, and 424-07-113 through 424-07-114
ITEM NO. 13.
SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN
THE TOWN OF LOS GATOS
AND
SUMMERHILL N40 LLC
LOS GATOS, CALIFORNIA
EXECUTION COPY
This agreement, made and entered into effective upon the last date this document is signed by the parties hereto, by and between the TOWN OF LOS GATOS, a municipal corporation of the State of California, hereinafter "Town," and SUMMERHILL N40 LLC, after this called "Subdivider," whose principal place of business is 3000 Executive Parkway, Suite 450, San Ramon, CA 94583.
WITNESSETH
WHEREAS, a Final Map (hereinafter "Map") of Tract 10441 (the "Subdivision") owned by Subdivider and commonly known as "North 40 Phase 1," has been filed with the Town, which Map is incorporated herein by reference;
WHEREAS, the Conditions of Approval of the Subdivision Application (A&S Cond. 163) require the Subdivider to construct and complete certain improvements according to the following plans and specifications ("Improvement Plans" or "Plans"):
a. Los Gatos North 40 - Phase I Tract 10441 Improvement Plans dated August 24, 2018 by Mackay & Somps
b. North 40- Onsite Private Street Lighting Plans dated August 23, 2018 byGiacalone c. North 40 lntract/Phase One Landscape Construction Plans dated August 24, 2018 by Van Dorn Abed
d. Los Gatos North 40 Tract 10441 In tract Rough Grading Plans dated August 14, 2018 by Mackay & Somps
e. Los Gatos North 40 Phase 1 Offsite Los Gatos Blvd Phase A Improvement Plans dated July 27, 2018 by Mackay & Somps
f. Los Gatos Blvd & Walker Street Traffic Signal Plan dated August 2018 by Fehr & Peers g. Walker Street & Los Gatos Blvd Phase A Signing and Striping Plan dated August 2018 by Fehr & Peers
h. Los Gatos North 40 Phase 1 Offsite Lark Avenue and Los Gatos Boulevard Improvement Plans dated June 4, 2018 by Mackay & Somps
i. North 40 Phase 1 Public Street Lighting Plans dated June 2018 byGiacalone j. North 40 Offsite Lark Avenue and Los Gatos Blvd Landscaping plans dated June 1, 2018 by Van Dorn Abed
k. Lark Ave & Los Gatos Blvd Traffic Signal plans dated June 2018 by Fehr & Peers I. Lark Ave & Los Gatos Blvd Signing and Striping Plans dated June 2018 by Fehr & Peers SMHH\54443\1441213.12 1
ITEM NO. 13.
m. Los Gatos North 40 Offsite Lark Avenue Caltrans Right of Way Improvement Plans dated March 12, 2018 including plans by Mackay & Somps, Finn Design Group, Van Dorn Abed, Fehr & Peers, and Giacalone
n. Los Gatos North 40 Phase 1 Lark Avenue Bike Lane Improvement Plans dated March 15, 2018 by Mackay & Somps
o. North 40 Offsite Lark Avenue Landscape Construction Drawings dated June 6, 2018 by Van Dorn Abed
p. Lark Ave & Oka Road Traffic Signal Plans dated June 2018 by Fehr & Peers q. Lark Avenue Signing and Striping Plans dated June 2018 by Fehr & Peers r. Los Gatos North 40 Phase 1 Off Site Storm and Sanitary Sewer Improvement Plans dated September 13, 2017
The foregoing improvements are hereinafter referred to as "Required Improvements"; WHEREAS, the Subdivider has prepared, and the Town Engineer has substantially approved, Improvement Plans for the completion of the Required Improvements in connection with the Subdivision. The Plans are on file in the Office of the Town Engineer and are incorporated into this agreement by this reference, along with any changes or modifications as may be required by the Town Engineer or designee due to errors, omissions, or changes in conditions;
WHEREAS, Subdividerrecognizes that, by approval of the Map for Subdivision, Town has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots and/or condominiums within the Subdivision. As a result, Town will be damaged to the extent of the cost of installation of these Required Improvements by Subdivider's failure to perform its obligations to commence construction of the Required Improvements by the lime established in this agreement. The Town shall be entitled to all remedies available to it pursuant to this agreement and law in the event of default by Subdivider; and WHEREAS, Subdivider has asked Town to review and approve the Map and accept the dedications therein offered, subject to and on condition that the Subdivider, prior to issuance of a building permit for the Required Improvements, enter into this agreement with the Town, and provide the Town with such security for performance and insurance and all other things as required by this agreement; NOW, THEREFORE, to insure satisfactory performance by Subdivider of these obligations, and in consideration of the approval of the Map, the parties now agree as follows:
1. PERFORMANCE OF WORK
Subdivider agrees to furnish, construct and install at Subdivider's own expense the Required Improvements. The Plans and specification of the Required Improvements may be modified by the Subdivider as th.e Subdivision progresses, subject to prior written approval of the Town Engineer.
SMHH\54443\1441213.12 2
ITEM NO. 13.
2. WORK; SATISFACTION OF TOWN ENGINEER
All the work on the Required Improvements is lo be done at the places, of the materials, and in the manner and at the grades, shown upon approved Plans and specifications and the Town's Ordinances, Improvement Standards and Specifications, to the satisfaction of the Town Engineer.
Work shall be completed within two (2) years from the date of this agreement, subject to extension due to force majeure event under Section 1 0(a).
3. INSPECTION BY TOWN
Subdivider shall at all times provide safe access for inspection by the Town to all parts of the Required Improvements and to all places where the Required Improvements are in preparation.
4. SURVEY MONUMENTS
Subdivider shall install all Subdivision monuments required by law prior to recordation of the Notice of Acceptance.
5. DEDICATION OF EASEMENTS OR RIGHT-OF-WAY
The Town acknowledges that Subdivider has offered lo the Town lo dedicate fee title to all streets subject to public access easement (PAE) shown on the Map.
6. IMPROVEMENT SECURITY
Concurrently with the execution of this agreement, the Subdivider shall furnish the Town:
a. Faithful Performance Security: Pursuant to California Government Code section 66499.3(a) Subdivider shall, before the release of the Map by the Town for filing for record and as a condition precedent to the recordation of it, furnish to the Town and file with the Town Clerk cash, an instrument of credit, or a bond as provided by the Subdivision Map Act, in a form approved by the Town Attorney, securing performance by Subdivider of all work shown on the Plans and completion within the agreed lime. The security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the Director. The amount of cash, instrument of creditor bond shall be $20,585,000 based on individual bonds as follows:
(1) North 40 Phase 1 Tract 10441 In tract Private Improvements ($6,655,000)- based on improvement plans (a), (b) and (c) noted on page 1.
(2) North 40 In tract Tract 10441 Rough Grading ($6,430,000)-based on improvement plans (d) noted on page 1.
(3) North 40 Phase 1 Offsite Los Gatos Blvd Phase A Improvements ($710,000) - based on improvement plans (e), (f) and (g) noted on page 1. (4) North 40 Phase 1 Offsite Lark and Los Gatos Blvd Improvements ($1,938,000) - based on improvement plans (h), (i), OJ, (k) and (0 noted on page 1. (5) North 40 Phase 1 Offsite Lark and Los Gatos Blvd - Pavement Replacement ($3,262,000)
(6) North 40 Offsite Lark Avenue Improvements within Caltrans Right-of-Way ($799,000) - based on improvement plans (m) noted on page 1.
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ITEM NO. 13.
(7) North 40 Offsite Lark Avenue Bike Lane Improvements ($390,000) - based on improvement plans (n}, (o}, (p) and (q) noted on page 1. (8) North 40 Offsite Storm and Sanitary Sewer Improvement Plans ($94,000) - based on improvement plans (r) noted on page 1.
(9) North 40 Offsite Storm and Sanitary Sewer Improvement Plans ($307,000)- based on improvement plans (r) noted on page 1.
b. Payment Security: Subdivider shall furnish to the Town and file with the Town Clerk cash, an instrument of credit, or a bond as provided by the Subdivision Map Act, in a form approved by the Town Attorney, securing the obligations for payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials for the completion of the Required Improvements. The security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the Director. The amount of cash, instrument of credit or bond shall be $20,585,000 based on the individual bonds described in Section 6(a). c. Guarantee and Warranty Security: It is further agreed that a "guarantee and warranty security" in the amount of ten (10%) percent of the total estimated cost of the Required Improvements for a period of two (2) years following their completion and acceptance by the Town against any defective work or labor done, or defective materials furnished, by the Subdivider. This limitation on the security does not shorten any time during which the Town may act to enforce the Subdivider's obligations under the terms of this agreement, nor shorten any time during which Town may bring an action in an appropriate court regarding the subject or performance of this agreement.
d. Monument Security: It is further agreed that a "monument security" in the amount of one hundred percent ( 100%) of the total estimated cost of the installation of survey monuments in the Subdivision within the period of time specified in the Surveyor's Statement on the approved Final Map. The Monument Bond is included in various other line items within the distributed bonds.
e. Any bonds submitted as security pursuant to this section shall be executed by a surety company authorized to transact a surety business in the State of California. f. No change, alteration, or addition to the terms of this agreement or the Plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as otherwise provided by the Subdivision Map Act. g. The securities shall be irrevocable, shall not be limited as to time except as to the two (2) year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the Director and as provided in Section 7-Release of Security. All securities provided pursuant to this agreement shall expressly obligate the surety for any extension authorized by the Town for Subdivider's completion of the Required Improvements, whether or not the surety is given notice of such an extension by the Town.
7. RELEASE OF SECURITY
a. Guarantee and Warranty Security: Any unused portion of the guarantee and warranty security shall be released two (2) years after acceptance of the Required Improvements by the Town Council. The amount to be released shall first be reduced by the amount deemed necessary by the Town to correct any defects in the Required Improvements that are known or believed by the Town to exist at the end of the guarantee and warranty period.
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ITEM NO. 13.
b. Payment Security: Security securing the payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials or equipment shall, after acceptance of the work, be reduced to an amount equal to the total timely claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body (with the balance of the Payment Security being released) and, if no such claims have been timely recorded, the security shall be release in full. c. Faithful Performance Security: The faithful performance security shall be released upon acceptance of the Required Improvements by the Town Council. d. Monument Security: The monument security may be released upon acceptance of the required monument installation by the Director.
8. HOLD HARMLESS
Subdivider does expressly agree to protect, defend, indemnify and hold harmless {hereinafter, "hold harmless") the Town, its Town Council Members, Boards, Commissions, employees and agents (hereinafter, the "Town"), from any and all loss or damage, and from any and all liability, including cost of defense, for any and all loss or damage, and from any and all suits, actions or claims filed or brought by any or all persons or person (hereinafter, "Claim") because of or resulting from the acts by Subdivider of any and all things required of Subdivider by this agreement, or because of or arising or resulting from the failure or omission by Subdivider to do any and all things necessary to and required by this agreement or by law, or arising or resulting from the negligent acts by Subdivider, Subdivider's agents, employees or subcontractors of any and all things required to be done by this agreement, or arising or resulting from any dangerous or defective condition arising or resulting from any of the above said acts or omissions of Subdivider, Subdivider's agents or employees. Subdivider shall not be required to hold harmless (as described above) the Town for Claims caused or arising out of the sole negligence or willful misconduct of the Town.
9. INSURANCE
Subdivider shall furnish to the Town and file with the Town Clerk evidence of, and at all times during the performance of its obligations under this agreement maintain, the insurance described in Exhibit A.
10. TIME EXTENSIONS
a. If performance of this agreement actually should be delayed by inclement weather, riots, strikes, lockouts, fires, earthquakes, floods and conditions resulting therefrom, subcontractor delays, labor shortages, material shortages or delays, Town delays, or for other reasons beyond the control of the Subdivider, the time for the construction of same may be extended by the Town Engineer for such period of time as is reasonable. b. Requests for extension of the commencement and/or completion date shall be in writing and delivered to the Town in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing. · c.
In the event the Town extends the time of commencement and/or completion of the Required Improvements, such extension shall be granted in writing by the Town to the Subdivider pursuant to this agreement, and/or without relieving or releasing those providing an improvement security pursuant to this agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time.
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