Staff Report - LGCT - Hwy 9 Trailhead Connector PS&E Approval - Bid Authorization
PREPARED BY: James Watson
Interim Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023 ITEM NO: 4
DATE: January 3, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-
4505):
a. Approve the Plans and Specifications;
b. Authorize Advertising the Project for Bid Upon Receipt of Formal Funding
Approval (E-76) from Caltrans; and
c. Authorize the Release of a Request for Proposals for Construction
Management, Inspection, and Materials Testing Services.
RECOMMENDATION:
Staff recommends that the Town Council authorize the following actions for the Los Gatos
Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505):
a. Approve the Plans and Specifications;
b. Authorize Advertising the Project for Bid Upon Receipt of Formal Funding Approval (E-76)
from Caltrans; and
c. Authorize the Release of a Request for Proposals for Construction Management, Inspection,
and Materials Testing Services
BACKGROUND:
The construction of a direct bicycle and pedestrian connection between the Los Gatos Creek
Trail and Highway 9 was originally identified as a priority project in the Town’s 2017 Bicycle and
Pedestrian Master Plan and again in the Town’s 2020 Bicycle and Pedestrian Master Plan
Update. The Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (Trailhead
Connector Project) is also included as one of the projects in the Town-wide Connect Los Gatos
Program, which strives to promote projects that will improve the connectivity, mobility, and
safety for pedestrians and bicyclists throughout the Town.
PAGE 2 OF 6 SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) DATE: January 3, 2023 BACKGROUND (continued):
The Trailhead Connector Project has been included in the Town’s Capital Improvement Program
Budgets since Fiscal Year (FY) 2018/19. Design work began on the project in October 2019
following a Request for Proposals (RFP) process which resulted in the award of a Consultant
Design Services Agreement to the firm of Mott MacDonald Group, Inc. for preparation of the
construction documents for the Project. A significant portion of the funding for the design of
the Project was obtained from the non-competitive One Bay Area Grant (OBAG) Cycle 2
funding.
To provide the access between the Los Gatos Creek Trail and Highway 9, the project design
includes the installation of a pre-fabricated bicycle and pedestrian bridge across Los Gatos
Creek just south of Highway 9 and a pedestrian switchback ramp on the north side of Highway
9.
The preliminary project design was presented to the Complete Streets and Transportation
Commission (CSTC) and to the community in February 2020. Both groups provided valuable
input and support for the project. On March 3, 2020, the Town Council approved the
preliminary design and authorized staff to proceed to final design. In April 2021, a second
community meeting and presentation to the CSTC were held to review the 65 percent complete
plans. Following input from the community and the CSTC, the final project plans specifications,
and engineer’s estimate (PS&E) were completed and have been reviewed and approved by
Caltrans.
A Disadvantaged Business Enterprise (DBE) goal of 21 percent has been identified by Caltrans as
an appropriate level of DBE participation for the project construction contract and has been
included in the contract documents. The Project will be entirely within the Caltrans right-of-
way, which required the Town Council to execute a Maintenance Agreement to document the
Town’s responsibilities for the operation and maintenance of the new improvements. The
Town and Caltrans executed the Maintenance Agreement in October 2022. Additionally, the
project requires the Town to obtain an encroachment permit for the work within the Caltrans
right-of-way. The Town has applied for the encroachment permit and is currently awaiting the
issuance of the permit from Caltrans.
Construction funding has been identified and on November 15, 2022, the Town Council
approved two grant-funding agreements for the project’s construction phase. The project is
fully funded at this time. Funding sources include OBAG Cycle 2, the Transportation Fund for
Clean Air (TFCA) regional grant, 2016 Measure B Funds, and commitment of up to $1 million of
Town local funds.
PAGE 3 OF 6 SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) DATE: January 3, 2023 DISCUSSION:
As the Project includes federal grant funds, staff have been closely coordinating the Project
with Caltrans and following the procedures and requirements outlined in the Caltrans Local
Assistance Program Manual for federal-aid projects. This includes submittal of the formal
“Request for Funding Authorization” package, which is required to be approved by Caltrans and
the Federal Highway Administration (FHWA) prior to moving the Project into the
bid/advertising/construction phases.
The Town is awaiting this formal funding authorization (referred to as the E-76). For the Town
to remain eligible for federal funding reimbursements, the Town must receive formal funding
authorization/approval (E-76) prior to advertising the project for construction bids. In light of
this, the staff recommendation is for the authorization to advertise and solicit construction bids
only upon receipt of the Caltrans/FHWA funding approval/E-76 for the Project. The project
team anticipates receiving the Town’s project funding authorization by early February 2023 and
Table 1 presents the anticipated schedule for the construction contract.
TABLE 1
Anticipated Construction Schedule
CIP No. 832-4505
Milestone Activity Forecast Date
Town Council Approves PS&E, Solicitation of Bids Authorized 1/17/2023
Town Receives E-76 (Funding approval) from Caltrans/FHWA 2/6/2023
Advertisement Period * 2/6/2023 – 4/6/2023
Bid Opening 4/6/2023
Council Awards Construction Contract 5/16/2023
Notice of Award to Contractor 5/17/2023
Construction Contract Executed 6/15/2023
Notice to Proceed Issued 6/19/2023
Construction 6/2023-11/2024
Construction Close Out 10/2024-11/2024
Town Accepts Final Improvements 12/2024
*Exact advertisement period to be determined following Town’s receipt of funding approval (E-76) from
Caltrans/FHWA.
Project management and inspection for a project of this magnitude greatly exceeds the Town’s
existing staffing availability. Additionally, the requirements for materials testing will require the
use of Caltrans certified technicians and laboratories. To address this need, staff has prepared
a Request for Proposals for Construction Management, Inspection, and Materials Testing
Services which outlines the additional professional consultant services deemed necessary for
PAGE 4 OF 6 SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) DATE: January 3, 2023 DISCUSSION (continued):
the Town’s successful project delivery. Due to the federal funding involved in the project
construction, the project team will follow the Consultant Selection Process as outlined in the
Caltrans Local Assistance Procedures Manual for federally funded projects. Based on this
process, and should Council authorize the release of the RFP, Table 2 presents the schedule for
the Request for Proposal process.
TABLE 2
Anticipated Schedule for Construction Management Services
CIP No. 832-4505
Milestone Activity Forecast Date
Town Council Authorizes Release of RFP 01/17/2023
Advertisement Period 01/23/2023 - 02/22/2023
Proposals Due 02/23/2023
Proposal Evaluation, Scoring, and Ranking 02/24/2023 - 03/03/2023
Consultant Interviews 03/09/2023
Consultant Services Agreement Negotiations 03/24/2023
Caltrans Independent Office of Audits and Investigations (IOAI)
Review 03/27/2023 - 04/21/2023
Town Council Approves Consultant Services Agreement 05/16/2023
Notice to Proceed 06/01/2023
The engineer’s estimate for the Construction Contract is $4,798,182 which includes a 10
percent contingency. The estimated cost for the Construction Management, Inspection, and
Materials Testing Services is anticipated to be in the range of $700,000 to $775,000, which is
approximately 15 percent of the construction contract. The project plans and specifications can
be viewed via the link at www.losgatosca.gov/lgcthwy9.
CONCLUSION:
Based on the discussion above, staff recommends the approval of the project plans,
specifications, and estimate, and the authorization to advertise and solicit bids for the
construction of the Project upon receipt of the funding approval E-76 from Caltrans.
Additionally, staff recommends authorization to release the Request for Proposals for
Construction Management, Inspection, and Materials Testing Services for the Project.
ALTERNATIVES:
Council could request a postponement of the recommended actions until after the formal
Caltrans funding approval (E-76) has been issued to the Town for this project, at which point
PAGE 5 OF 6 SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) DATE: January 3, 2023 ALTERNATIVES (continued):
staff would bring the recommendation for approval of the PS&E and authorization to solicit
construction bids forward. This would allow the Council to know when the funding approval
was received and the exact dates for the advertising periods.
The postponement would delay the solicitation of bids for the construction of the project and
the project team would need to reduce/revise the project schedule to show the resultant
advertisement period and the delayed project start and completion dates. This alternative is
not recommended due to the fact that this would delay the project construction start and end
dates.
COORDINATION:
This project has been coordinated with the Finance Department.
FISCAL IMPACT:
The following has been identified as the source and use of funds for the project:
Budget Costs
OBAG Cycle II Grant - CMAQ 3,351,000$
GFAR 995,377$
Measure B (2016 Program Bicycle and Pedestrian Program)693,500$
TFCA 755,921$
Total Budget 5,795,798$
Construction 4,361,984$
Construction Contingency (10 percent) $ 436,198
Construction Management (CM)
Consultant CM/RE/Inspection 425,926$
Town Project Management 150,000$
Construction Materials Testing 300,000$
Specialized Testing/Monitoring 50,000$
Other Project Delivery Costs 5,000$
Total Expenditures 5,729,108$
Remaining Budget (Budget - Estimated Costs)66,690$
Los Gatos Creek Trail to Highway 9 Trailhead Connector
CIP No. 832-4505
PAGE 6 OF 6 SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) DATE: January 3, 2023 FISCAL IMPACT (continued):
Staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the
costs of projects, recovery of costs from grant funded projects, and identification of future
staffing needs. This project utilizes a combination of consultant services, temporary staffing
that support fluctuating workloads, and full-time budgeted staff. The costs for consultant and
temporary staff will be directly associated with this CIP project while full-time staff are
accounted for in the department’s operating budget.
ENVIRONMENTAL ASSESSMENT:
Caltrans opted to be the lead agency for the California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA) environmental clearances for the project. The
project is categorically exempt per CEQA Section 15301; PRC 21084; 14 CCR 15300.