AGENDA
City of Monte Sereno
Tuesday, February 1, 2022
City Council
7:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
How to Participate
To maximize public safety while still maintaining transparency and public access, members of the public can access and participate in the meeting as follows: To listen (only) by telephone dial US: +1 253 215 8782 or +1 346 248 7799 or +1 720 707 2699 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656. When prompted by the system enter participation Webinar ID: 863 0048 3196 and Password: 883310. To attend the meeting webinar with a PC, Mac, iPad, iPhone or Android device: Please click this URL to join https://us06web.zoom.us/j/86300483196?pwd=QnRwOW9xVzY4V0hJeTcvcWUveVZoZz09 Passcode: 883310. Or iPhone one-tap (telephone connection) : US:+12532158782,,86300483196#,,,,*883310# or +13462487799,,86300483196#,,,,*883310# Passcode: 883310.
You will be prompted to install the webinar client appropriate for your device. Attendees are encouraged to install the needed software in advance at the following locations depending on the device being used. If you are unable to participate in real-time, you may email to the City Clerk at [email protected] with the subject line "Public Comment Item #__ " (insert the item number relevant to your comment) or "Verbal Communications - Non Agenda Item." Comments received by email will be read into the record, with a maximum allowance of three (3) minutes per individual comment, subject to the Mayor's discretion.
All comments should be a maximum of 350 words, which corresponds to approximately three (3) minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the City Manager who will use his best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager at 408-498-5285 or [email protected]. If requested of the City Manager, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Page
PLEDGE OF ALLEGIANCE
CALL TO ORDER
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time
ROLL CALL
ORDERS OF THE DAY
PRESENTATIONS
ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.
WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting.
Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.
CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.
1. Approve the Minutes of the January 18, 2022 Regular Meeting Staff recommends approval of the minutes of the January 18, 2022 Regular Meeting.
Staff Report - SR-22-016 - Pdf
4 - 8
2. Approve Warrant List Dated February 1, 2022 in the Amount of $159,711.58
Staff recommends the City Council approve the Warrant List in the Amount of $159,711.58.
Staff Report - SR-22-018 - Pdf
9 - 10
3. Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361)
Staff recommends that the City Council consider and adopt a resolution extending teleconferencing of City Council meeting pursuant to AB 361.
Staff Report - SR-22-019 - Pdf
11 - 14
4. Award Contract And Authorize City Manager To Enter Into An Agreement With TL Engineering (TLE) To Complete Plans And Specifications For Daves Neighborhood Improvement Project In Amount of $47,044
Staff recommends that City Council authorize the City Manager to enter into an agreement with TL Engineering (TLE) to complete the Plans, Specifications and Estimate for Daves Neighborhood Street Improvements in the amount of $47,044 and authorize the City Manager to execute change orders or amendments to the agreement for contingency up to a total contract amount not to exceed of $49,396.
Staff Report - SR-22-015 - Pdf
15 - 29
PUBLIC HEARINGS
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURN TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Government Code section 54956.9(d)(1))
Name of case: Padgett v. Wright, N.D. Cal. Case No. 5:20-cv-00802-EJD
RECONVENE TO OPEN SESSION
REPORT ON ACTION TAKEN DURING CLOSED SESSION
COMMITTEE/COMMISSION REPORTS
This time is set aside to allow Councilmembers serving on Council committees or appointed by the City to serve on the boards, commissions or committees of other agencies to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No discussion or action may be taken other than to place the matter on a future agenda.
COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.
CITY MANAGER’S REPORT
FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
STAFF REPORT
Meeting: City Council - Feb 01 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Radcliffe, City Clerk
Department: City Clerk
Title: Approve the Minutes of the January 18, 2022 Regular Meeting Recommendation(s):
Staff recommends approval of the minutes of the January 18, 2022 Regular Meeting.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
1-18-22 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL
MEETING MINUTES
REGULAR MEETING
7:00 p.m.
January 18, 2022
MEETING CALLED TO ORDER
At approximately 7:00 p.m., Mayor Ellahie called the meeting to order.
ROLL CALL
Present: Councilmember Lawler, Councilmember Turner, Councilmember Leuthold, Mayor Pro Tempore Mekechuk, and Mayor Ellahie
Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, City Planner Perkins, Deputy City Clerk Gonzalez-Langarica, and City Clerk Radcliffe
PLEDGE OF ALLEGIANCE
Councilmember Lawler conducted the Pledge of the Allegiance.
ORDERS OF THE DAY
There were no changes.
PRESENTATIONS
There were none.
ORAL COMMUNICATIONS
There were none.
WRITTEN COMMUNICATIONS
There were none.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the January 4, 2022, Regular Meeting Minutes
2. Approve the Warrant List Dated January 18, 2022, in the Amount of $25,256.27
3. Accept the Treasurer’s Report for the Period Ending November 30, 2021
4. Accept the Significant Full Year to Date Variances to budget Narrative for November 202
5. Accept Revenues and Expenditures Report for the Month of November 2021
6. Accept the LAIF Investment Report for November 2021
7. Consider and Adopt a Resolution Accepting the Improvements Completed Under the La Rinconada Neighborhood Street Improvements Project and Authorize Staff to File a Notice of Completion for the Project RESOLUTION NO. 22-22-3839
8. Authorize City Manager to Enter Into a Maintenance Agreement With CalTrans for the Highway 9 Safety Improvements Gap Closure Project
MOTION: Motion by Mayor Pro Tempore Mekechuk to approve the Consent Calendar. Seconded by Councilmember Turner.
VOTE: Motion passed unanimously. (5-0-0)
PUBLIC HEARINGS
1. Conduct a Public Hearing on the 2022 Weed Abatement Program and Adopt a Resolution Overruling Objections and Determining to Proceed with Weed Abatement RESOLUTION NO. 22-3840 MOTION: Motion by Councilmember Lawler to adopt the resolution overruling objections and determined to proceed with weed abatement. Seconded by Councilmember Turner.
VOTE: Motion passed unanimously. (5-0-0)
UNFINISHED BUSINESS
There were none.
NEW BUSINESSS
1. Consider and Adopt Resolution to Incorporate the Objective Design Standards as an Addendum to the Design Guidelines RESOLUTION NO. 22-3841 MOTION: Motion by Councilmember Leuthold to adopt the resolution incorporating the Objective Design Standards as an addendum to the Design Guidelines.
Seconded by Councilmember Turner.
VOTE: Motion passed unanimously. (5-0-0)
2. Consider and Adopt a Resolution Authorizing the City Manager to Execute a Mills Act Contract for the property at 17985 Saratoga-Los Gatos Road
The applicant withdrew the application.
3. Discussion Regarding Formation of an Emergency Preparedness Ad Hoc Committee MOTION: Motion by Councilmember Lawler to form the Emergency Preparedness Ad Hoc Committee and appoint Councilmember Turner and Councilmember Lawler to it.
Seconded by Mayor Pro Tempore Mekechuk.
VOTE: Motion passed unanimously. (5-0-0)
4. Consider and Accept the City Manager’s Quarterly Report MOTION: Motion by Councilmember Leuthold to accept the City Manager’s Quarterly Report. Seconded by Mayor Pro Tempore Mekechuk.
VOTE: Motion passed unanimously. (5-0-0)
COMMITTEE/COMMISSION REPORTS
There were no council reports.
COUNCILMEMBER COMMENTS
Mayor Pro Tempore Mekechuk provided an update on the San Jose Water Company (SJWC) Rate Increase appeal. He reported that the evidentiary hearings have concluded, and that the Public Advocate’s Office has entered into a preliminary settlement agreement and that it is before the California Public Utilities Commission for consideration. Mayor Pro Tempore Mekechuk also spoke on the drought surcharge that SJWC has announced and stated he would like to have John Tang from SJWC speak on the surcharges.
Councilmember Leuthold requested that Councilmember Turner’s voting issue not be brought up as a future agenda item as it’s been discussed at a previous council meeting and is a non-issue.
Councilmember Lawler agreed.
Councilmember Turner provided comments regarding the voting issue.
CITY MANAGER’S REPORT
City Manager Leonardis stated his report was discussed in New Business Agenda Item #4.
FUTURE AGENDA ITEMS
Councilmember Lawler requested that a review of the City’s fee schedule be discussed at a future council meeting.
Mayor Pro Tempore Mekechuk requested that Los Gatos Monte Sereno Police Department do a presentation on Flock cameras as a future council meeting.
Councilmember Turner requested that discussion on the SB9 and SB10 state initiatives be discussed at a future council meeting.
ADJOURN
The meeting adjourned at approximately 9:00 p.m.
__________________________
Javed I. Ellahie, Mayor
ATTEST:
_______________________________
Michelle Estabillo, City Clerk
STAFF REPORT
Meeting: City Council - Feb 01 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated February 1, 2022 in the Amount of $159,711.58
Recommendation(s):
Staff recommends the City Council approve the Warrant List in the Amount of $159,711.58.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Warrants List Dated February 1, 2022
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
February 1, 2022
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
19647 Alamo Landscaping &
Maintenance Landscape maintenance for City Hall 1,100.00 01-860 19648 Alana Consulting, LLC Plan Checks ($7188) and ePermit consulting for Planning Dept ($6670) 13,857.50 01-765
19649 Anago Franchising, Inc Janitorial services for City Hall 330.00 01-860 19650 City of Campbell West Valley Solid Waste 2nd Quarter FY 2022 payment 3,006.85 01-522
19651 COMCAST Internet service for City Hall 106.67 01-720 19652 Delta Dental of California Dental insurance premiums 605.60 01-635 19653 EMC Planning Group, Inc. Housing Element Project 9,735.46 01-535 19654 EOS Integration Office phone service for City Hall 419.72 01-720 19655 Frankie's Awards 2 Badges with magnetic back 35.79 01-505 19656 Frontier Communications Landline for City Hall 53.74 01-720 19657 Gradetech Inc. La Rinconada Neighborhood Street Improvement Project 29,291.70 05-870
19658 Hillview Design Print Media Business cards for City Clerk 67.18 01-725 19659 International Institute of
Municipal Clerks Annual membership dues for City Clerk 175.00 01-745 19660 League of California Cities Membership dues for Peninsula Division 100.00 01-745 19661 Los Gatos Monte Sereno
Safe Route 2 School
Measure B Reimbursement - Bike & Walk to School
($983), Bike Rodeos all LGUSD Schools ($1789), Bike
to Breakfast LGHS ($489) and Kinder Pedestrian
Training all LGUSD Schools ($304)
3,564.35 05-870
19662 M-Group Object Design Standards project 9,992.00 01-535 19663 Pacific Gas & Electric Electricity for Annex Building 33.78 01-705 19664 RICOH USA, INC. Office copier rental 480.23 01-715 19665 Ruggeri-Jensen-Azar Bruce Avenue & Vista Avenue Pavement Rehabilitation & Drainage Improvement Project 5,365.60 05-870
19666 Steven Leonardis
Reimbursement for payment to Maureen Kane &
Associates - City Clerk professional development
workshop
600.00 01-770
19667 Town of Los Gatos
Finance Department Police / Law Enforcement services 80,590.41 03-545 19668 City Clerks Association of
California Annual membership dues for City Clerk 200.00 Total Warrant List - February 1, 2022 $159,711.58
I, REYNOLD SAMORANOS, FINANCIAL AND ADMINISTRATION OFFICER DO HEREBY CERTIFY THAT THE
PROCEEDING ACCOUNTS HAVE BEEN CHECKED AND FOUND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
STAFF REPORT
Meeting: City Council - Feb 01 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Radcliffe, City Clerk
Department: City Clerk
Title: Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361) Recommendation(s):
Staff recommends that the City Council consider and adopt a resolution extending teleconferencing of City Council meeting pursuant to AB 361.
Background Information:
AB 361 was signed by the Governor of the State of California and went into effect immediately upon signature by the governor. It amends the Brown Act to allow local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
The key differences between existing Executive Order N-08-21, which expires September 30, 2021, and AB 361 is that AB 361 imposes particular requirements with respect to public comment, however, the City of Monte Sereno’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, public agencies must either make findings by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that health officials continue to impose or recommend measures to promote social distancing.
Determinations by the local agency that the emergency impacts the ability to meet safely inperson must be re-visited every 30 days.
At its September 21, 2021 meeting, the City Council adopted Resolution No. 21-3826 authorizing virtual City Council meetings during declared stated of emergency pursuant to Government Code. The City Council determined that the pandemic of COVID-19 creates an imminent safety risk to councilmembers and other potential attendees of City Council meetings. At present, risk of COVID-19 due the delta and omicron variant remains high; the CDC reports that for the period between the period between January 21, 2022 and January 26, 2022 that Santa Clara County had “substantial” community transmission, with 24,060 cases, 537 new hospital admissions, and 21 deaths. As a result, staff believes that the City
Council can re-adopt its previous findings, and authorize continued virtual meetings for the next 30 days.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda, and this report appear on the City’s website.
Attachments:
Draft Resolution
RESOLUTION NO. 22-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS DURING DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361) WHEREAS, AB 361 was recently signed by the Governor of the State of California, enacting certain changes to the Brown Act as set forth in Government Code section 54953; and
WHEREAS AB 361 authorizes local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020 related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and WHEREAS, the CDC reports that for the period between January 21, 2022, and January 26, 2022, that Santa Clara County had “substantial” community transmission, with 24,060 cases, 537 new hospital admissions, and 21 deaths; WHEREAS, the County of Santa Clara Health Officer ordered on August 2, 2021, that face coverings be used in all indoor settings, including all governmental meetings, and recommended that governmental entities move operations and activities outdoors where possible as a result of the continued transmission of the Delta and Omicron Variant of COVID-19;
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions
meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno that:
1. The City Council determines that the pandemic of COVID-19 creates an imminent safety risk to councilmembers and other potential attendees of City Council meetings.
2. In accordance with AB 361, the City Council shall re-consider the passage of this resolution not less than every 30 days to determine whether state of emergency continues to directly impact the ability of the members to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until this resolution is rescinded.
3. The Legislative Bodies, and City staff, are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
REGULARLY passed and adopted this 1st day of February, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Javed I. Ellahie, Mayor
ATTEST:
Michelle Estabillo, City Clerk
STAFF REPORT
Meeting: City Council - Feb 01 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Jessica Kahn,
Department: City Engineer
Title: Award Contract And Authorize City Manager To Enter Into An Agreement With TL Engineering (TLE) To Complete Plans And Specifications For Daves Neighborhood Improvement Project In Amount of $47,044 Recommendation(s):
Staff recommends that City Council authorize the City Manager to enter into an agreement with TL Engineering (TLE) to complete the Plans, Specifications and Estimate for Daves Neighborhood Street Improvements in the amount of $47,044 and authorize the City Manager to execute change orders or amendments to the agreement for contingency up to a total contract amount not to exceed of $49,396.
Background Information:
The Daves Neighborhood Street Improvements Project (Project) proposes the following improvements on Bruce and Vista Avenues in Monte Sereno:
• Installation of pavement rehabilitation improvement
• Install new curb & gutter along both sides of the street on Bruce Ave and Vista Ave • Provide adequate roadway drainage, including new inlets and storm pipes • Install pedestrian curb ramps at the NE and SE corners of Bruce Ave / Poppy Ln • Provide striping improvements (including crosswalks) at the Poppy Ln / Bruce Ave intersection
• Install posts or bulb‐out improvements at the NE corner of Poppy Ln / Bruce Ave • Completion of the sidewalk on the east side of Poppy Lane from the Bruce Avenue intersection south to the City limits.
The City awarded a contract to Ruggeri-Jensen-Azar (RJA) on June 15, 2020 to prepare Plans, Specifications and Estimate for the Project. The term of the contract was for approximately six months in an amount not-to-exceed $84,500. $47,044 in funding remains on the contract; however, the contract term ended as of December 31, 2021. During the term of the contract both City Staff and the RJA were working diligently to complete the scope of work under the contract. However, unexpected pavement and drainage conditions on streets to be improved has resulted in design modifications that have delayed the completion of the design.
These modifications and delays have not affected the Project budget but have impacted the Project schedule. As this project is anticipated to be constructed in FY24-25, this has not resulted in a delay on the construction schedule.
In January 2022, the staff completing the work under this contract at RJA relocated to TL Engineering (TLE). Rather than execute a new contract with RJA for the remainder of the work on the Project with new staff unfamiliar with the Project specifications, Staff recommends executing a contract with TLE for the remainder of the work. RJA has agreed to provide TLE with the documents and files completed under the expired contract (survey, mapping, and preliminary design). The attached contract with TLE includes the remining scope of work to be completed at the same rates as the RJA contract, for a total of $47,044.
Fiscal Impact:
The engineering design services contract with RJA would be for the amount of $47,044, with a contingency of $2,352 (estimated 5%). This would bring the total allocation for the services to no more than $49,396. There is currently adequate funding available in the Fiscal Year 2021- 2022 budget for “Neighborhood Improvement Project – Daves Neighborhood” as the prior contract with RJA only expended a portion of the funds as detailed above. The total of both contracts would remain at a not-to-exceed $88,725 as approved to the initial contract with RJA.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Agreement with TL Engineering
1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (“Agreement”) is made and entered into as of February 1, 2022, by and between the City of Monte Sereno, a California municipal corporation, hereinafter referred to as “City”, and TL Engineering Corp., a California corporation, hereinafter referred to as “Consultant”.
RECITALS
A. City desires to retain Consultant for certain professional services as set forth in this Agreement.
B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
C. Consultant possesses the skill, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, City and Consultant agree as follows:
AGREEMENT
1. Scope. City agrees to, and hereby does, retain Consultant to perform the professional services as outlined in the Scope of Work attached hereto and incorporated herein as Exhibit A.
Consultant’s work product shall be performed pursuant to generally accepted standards of practice in effect at the time of performance.
2. Responsible Personnel: City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Primary personnel responsible for Consultant’s completion of the work described in this Agreement shall be Leo Trujillo, Principal.
3. Scope of Work: Consultant shall perform the services as specified in Exhibit A in a professional manner. Consultant will not undertake any work that will incur costs in excess of the amount set forth in this paragraph without prior written amendment to this Agreement.
4. Time of Performance and Term: The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City.
The term of this Agreement shall be until December 31, 2022. All such work shall be completed no later than December 31, 2022. Time is of the essence in the performance of this Agreement.
No waiver by either party hereto of the nonperformance or any breach of any term, provision, or condition of this Agreement, or any default hereunder shall be considered to be or operate as a
2 waiver of any subsequent nonperformance, breach or default.
5. Compensation: Compensation for services performed as set forth in Section 3 shall be by task but in no event shall compensation exceed $47,044. Any additional work performed by Consultant without a prior written Amendment to this Agreement shall be at Consultant’s sole risk. Periodic payments to Consultant shall be made upon submittal of invoices by Consultant to City for review and approval by the City Manager. Invoices will be paid by City within a reasonable time after the invoices are received and approved. For purposes of this Agreement, a 30 day period shall be deemed a reasonable period.
6. Insurance: Consultant agrees to have and maintain, for the duration of the Agreement, the following minimum insurance requirements. Prior to the execution of the Agreement, Consultant shall provide proof of insurance required. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits.
4. Professional Liability (Errors & Omissions): As appropriate to Consultant’s services, and not less than $2,000,000 per occurrence and aggregate.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
3 The City of Monte Sereno, its Council Members, elected and appointed officers, agents and employees shall be named as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Independent Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Independent Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance coverage (at least as broad as ISO CG 20 01 04 13) with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Consultant shall require the insurer to provide City with 30-day prior notice of termination in coverage and ten (10) days prior notice of cancellation for non-payment.
7. Indemnity: To the fullest extent permitted by law, Consultant shall hold harmless, indemnify and defend City, its elective and appointive boards, commissions, officers, and employees (the “Indemnified Parties”) from and against any and all claims, costs, damages, liability, losses, or suits (including court costs and reasonable and actually incurred attorney fees) for personal injury (including death), property damage and any other damages , to the extent arising out of, the willful or negligent acts, errors, or omissions of Consultant or Consultant's contractors, subcontractors, agents, or employees in the performance of this Agreement.
For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault.
Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this section shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. The Consultant’s responsibility to indemnify, defend, and hold harmless the Indemnified Parties under this section shall not extend to the negligence or
4 willful misconduct of the Indemnified Parties. This section shall survive the termination of this Agreement.
8. Termination: This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. Damages will be determined by mutual, good-faith negotiations between the City and Consultant, or as determined by a court of law.
In the event of termination, Consultant shall deliver as a condition to the payment of the compensation provided for above, or otherwise make available to City, all research data, reports, estimates, summaries, and other such information and materials as may have been accumulated by Consultant in performing this Agreement, whether completed or in process in accordance with Section 9 of this Agreement.
9. Documents: Notes, studies, chain, computations, electronic files, and other data and information obtained by Consultant for this project shall, upon receipt of payment for services rendered, be made available to City by Consultant at City's request and shall become the property of City. In the event City alters the document, City agrees Consultant shall have no responsibility whatsoever for any claim arising out of, or alleged to have risen out of, use of the altered document,
All plans, studies, documents, charts, computations, and electronic files prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request.
10. Independent Contractor: Consultant is an independent contractor retained by City to perform the work described herein. All personnel employed by Consultant are not and shall not be deemed to be employees of City. Consultant shall obtain no rights to retirement benefits or other benefits that accrue to City’s employees, and Consultant hereby expressly waives any
5 claim it may have to such rights. Consultant shall comply with all state and federal laws pertaining to employment and compensation of its employees and its agents, including the provision of Workers’ Compensation.
11. Licenses and Standard of Care: Consultant represents to City that, for itself and any subcontractors, all applicable licenses, permits, qualifications, insurance and approvals of any nature which are legally required of Consultant to practice its profession have been obtained any will be maintained during the performance of the Agreement. Consultant shall procure and maintain a City of Monte Sereno business license. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
12. Assignment: The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If the City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such contractor other than as otherwise required by law.
13. Binding on Successors: This Agreement is binding on the heirs, successors and assigns of the parties hereto.
14. Amendment: This Agreement may be amended, modified or changed by the parties, provided that said Agreement, modification or change is in writing and approved by the authorized representative of the parties.
15. Applicable Law and Attorney's Fees: This Agreement shall be construed and enforced in accordance with the laws of the State of California, and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Santa Clara. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision of the Agreement, the prevailing party of such action shall be entitled to recover its reasonable litigation expenses, including attorney fees.
16. Entire Agreement: This Agreement constitutes the complete and exclusive statement of the agreement between the City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. All provisions of this Agreement are expressly made conditions. For all purposes this Agreement shall be deemed to have been drafted jointly by all parties.
17. Waiver: Waiver of a breach or default under this Agreement shall not constitute a
6 continuing waiver of a subsequent breach of the same or any other provision under this agreement.
18. Severability: If any term or portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
19. Equal Employment Opportunity. Consultant is, and represents to the City that they shall be during the term of the Agreement, an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity.
Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
20. City Not Obligated to Third Parties; Subcontractors; Oversight. The City shall not be obligated or liable for payment hereunder to any party other than the Consultant. Consultant shall ensure the following requirements are satisfied in the performance of the Agreement with respect to its own employees:
A. Workers’ Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement.
B. Prevailing Wage. Consultant and Consultant’s subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination shall be available on file at the City’s office of the City Clerk.
C. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program.
D. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments
7 now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant.
The City is not responsible or liable for Consultant’s failure to comply with any and all of its requirements under this section and Agreement.
21. Political Reform Act Economic Interests. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” with the Clerk of the City of Monte Sereno disclosing Consultant and/or such other person’s financial interests.
WITNESS WHEREOF this Agreement is executed by City and by Consultant on this 1st day of February, 2022, at Monte Sereno, California.
CONSULTANT: CITY OF MONTE SERENO:
______________________________ ____________________________________ By: Steve Leonardis, City Manager
APPROVED AS TO FORM: ATTEST:
______________________________ ____________________________________ Sergio Rudin, City Attorney Michelle Estabillo, City Clerk
8 EXHIBIT “A”
SCOPE OF WORK
314 Colville Dr
San Jose, CA 95123
T 209‐829‐1553
EXHIBIT A
SCOPE OF SERVICES
For
BRUCE AVENUE & VISTA AVENUE PAVEMENT REHABILITATION & DRAINAGE IMPROVEMENTS
MONTE SERENO
SCOPE OF SERVICES:
TASK 1 DESIGN SURVEY (already completed by RJA, and not part of the scope for TLE) A. Topographic Survey and Right‐of‐Way Mapping
The project area is limited to the following street segments:
Bruce Avenue (Winchester Blvd to Poppy Ln), approximately 1530 LF Poppy Lane (Bruce Ave to traffic circle south of Bruce Ave), approximately 180 LF Vista Avenue (Poppy Lane to San Benito Way), approximately 900 LF Consultant will provide ground survey and data reduction to provide sufficient information to design the proposed roadway improvements. Consultant will provide field survey within the project area and office support to obtain horizontal and vertical information within the vicinity of the project. Consultant will also provide right‐of‐way (ROW) mapping along the project street segments. Once the field work is completed, Consultant will reduce the information using the Civil 3D software.
The deliverable product for this task will be an existing conditions base map with appropriate elevation points, contours, visible utilities (drain inlets, drain manholes, sanitary sewer manholes, water valves, water meters, etc.), driveways, and limits of roadway pavement. Consultant will also record the storm drain line inverts at the drain inlets and manholes, sanitary sewer inverts at manholes, as well as any drainage facilities located in the project area.
TASK 2 ENGINEERING
A. Project Site Visit
Consultant will first review the existing conditions base map prepared under Task 10‐A above, to get a better idea of the drainage issues. Consultant will then conduct one site visit with City staff to visually assess the drainage issues and the condition of the existing pavement and jointly select the type of drainage and pavement improvements to be implemented.
B. Preliminary Design Plans, Specifications, and Estimates (PDS&E) (partially completed by RJA; TLE will finalize this task)
Consultant will prepare preliminary design plans for the roadway and drainage improvements at the two project street segments, including pavement repair plans, new curb & gutter, new sidewalk, utility cover adjustments, and drainage improvements. A set of preliminary technical specifications / special provisions will be prepared, as well as preliminary Engineer’s Opinion of Probable Construction Cost. The following plans will be provided for the roadway improvements:
314 Colville Dr
San Jose, CA 95123
T 209‐829‐1553
22‐014 Bruce Ave Proposal‐Rev1.docx
• Title Sheet
• Roadway Improvement Plans (demolition, paving, curb & gutter, sidewalk, grading, utility cover adjustments)
• Drainage plans, including storm drain pipe profiles
General Details Plan (pavement conform, curb & gutter, driveway, etc.) The PDS&E package will be submitted to the City for initial review and comment.
C. Design Development (DD Phase 70% Documents)
Upon receipt of City comments from the PDS&E, Consultant will make all appropriate revisions and prepare a set of Draft (70%) PS&E. The draft documents will include construction drawings for roadway paving, utility adjustments, drainage improvements, technical specifications/special provisions, and engineer’s opinion of probable construction cost. Coordination with City staff will be maintained throughout the preparation of the draft documents. The Draft PS&E will be submitted to the City for review and comment.
D. Final Construction Documents (CD Phase 100%)
Based on comments received from the City on the Draft PS&E, Consultant will make all revisions and prepare a final set of 100% PS&E. The 100% documents will include construction drawings, details, the technical specifications/special provisions document, and the engineer’s opinion of probable construction cost. The Final PS&E will be submitted to the City for final review and approval.
TASK 3 COORDINATION DURING DESIGN
A. Coordination, Project Management, and Meetings
We will request appropriate material from the City, including as‐built plans, horizontal and vertical control list (monument and bench mark list), etc. This time also includes general coordination time with the City. This task also includes time for assembling package submittals to the City.
As part of the project coordination, it is expected that at least one project meeting will be held at a key stage of the project for the review of a particular submittal or when an issue arises that requires collaborative input to arrive at a solution. For this task, we have budgeted one (1) meeting, which could be a conference call or a live meeting.
REIMBURSABLES
A. Reimbursables
Any reproduction work, other than that required for the Consultantsin house use, and all mileage, Federal Express, UPS, California Overnight, and other deliveries will be billed per the attached Rate and Expense Schedule shown in Exhibit B. Any reimbursables in excess of the reimbursable budget will be billed per the attached rate and expense schedule.
314 Colville Dr
San Jose, CA 95123
T 209‐829‐1553
22‐014 Bruce Ave Proposal‐Rev1.docx
REIMBURSABLE/ADDITIONAL SERVICES/EXCLUSIONS
The services to be provided are those detailed in this Scope of Services (Exhibit A). All items not expressly described in this Scope of Services shall be deemed "additional services"/"extra work" and compensation shall be on a time and expense basis per the attached Rate and Expense Schedule. The following items are specifically excluded from this Scope of Work:
A. Exclusions
1. Collection of any traffic data
2. Topographic survey in addition to what is described in this proposal
3. Aerial photograph base map or aerial topographic survey
4. Preparation of any traffic control plans
5. Any environmental investigations and/or technical studies or any services related to regulatory agencies
6. Any soils investigations and/or reports
7. Potholing of existing underground facilities/utilities
8. Preparation of any pavement analysis
9. Calculation for pavement structural sections
10. Preparation of any design elements other than those specifically mentioned in this scope of services
11. Coordination with any utility companies for utility relocations
12. Site visits in addition to what is specifically included in this proposal
13. Meetings in addition to what is specifically included in this proposal
14. Inspection services
15. Construction staking
16. Bidding or construction support services
17. Survey services related to field measurements and filing of any corner record if any monumentation is disturbed or destroyed. If such is necessary per State Law, additional services and compensation will be required.
314 Colville Dr
San Jose, CA 95123
T 209‐829‐1553
22‐014 Bruce Ave Proposal‐Rev1.docx
EXHIBIT B
COMPENSATION
for
BRUCE AVENUE & VISTA AVENUE PAVEMENT REHABILITATION & DRAINAGE IMPROVEMENTS
MONTE SERENO
Client shall compensate Consultant for the performance of the work previously described in Exhibit A, SCOPE OF SERVICES, and for such extras and additions as follows:
SCOPE OF SERVICE ITEM Principal Senior Associate Total Total Engineer Engineer Engineer Hour Fee
$220 $190 $170
1 DESIGN SURVEY (already completed)
Field Topo & ROW Surveying
Topo Reduction & ROW Mapping
2 ENGINEERING
A Project Site Visit 8 8 16 $3,280
B PDS&E
Title Sheet
Roadway Improvement Plans 2 9 11 $2,150
Drainage Plan 4 8 12 $2,400
Signing & Striping Plan 2 8 10 $1,960
General Details Plan 2 8 10 $1,960
Technical Specs 88 $1,760
Opinion of Probable Cost 2 6 8 $1,580
C DD 70% PS&E
Title Sheet 1 2 3 $600
Roadway Improvement Plans 8 36 44 $8,600
Drainage Plan 6 22 28 $5,500
Signing & Striping Plan 2 4 6 $1,200
General Details Plan 6 14 20 $3,980
Technical Specs 66 $1,320
Opinion of Probable Cost 1 4 5 $980
D CD 100% PS&E 8 32 40 $7,840
40 COORDINATION DURING FINAL DESIGN
A Project Management, Coordination, & Meeting 88 $1,760 Total Hours : 74 161 0 235
Staff Expenses : $16,280 $30,590 $0 $46,870
90 REIMBURSABLES Travel Expenses : $173
Printing, Shipping, etc. : $0
Total Costs : $47,043
314 Colville Dr
San Jose, CA 95123
T 209‐829‐1553
22‐014 Bruce Ave Proposal‐Rev1.docx
RATE AND EXPENSE SCHEDULE
(Effective through December 31, 2022)
HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
Classification Rate
Principal Engineer ....................................................................................................................................$220 Senior Engineer........................................................................................................................................$190 Associate Engineer...................................................................................................................................$170
EXPENSE SCHEDULE
Client‐Requested Overtime........................................................................................... Hourly Rate plus 25% All other expenses, including: ...........................................................................Actual Cost plus 15% Delivery Service
Outside Reproduction
Mileage ‐ Auto
Outside Consultants
Travel & Expenses
Filing or Permit Fees
Hard copies of plans (to be obtained from printing businesses)