Staff Report.813-0218 Shannon Rd Ped and Bike Impr with attachments
PREPARED BY: James Watson
Interim Town Engineer
Reviewed by: 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: 04/18/2023 ITEM NO: 14
DATE: March 23, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider the Following Actions for the Shannon Road Pedestrian and Bikeway
Improvements Project (CIP No. 813-0218):
a. Approve the Plans and Specifications;
b. Authorize Advertising the Project for Bid Contingent on Receiving Caltrans
Authorization;
c. Authorize the Town Manager to Execute the Second Amendment to the
Consulting Services Agreement with ActiveWayz Engineering for
Additional Engineering Services During Bid, Award, and Construction in an
Amount of $25,238, Resulting in a Total Agreement Amount Not to
Exceed $196,709;
d. Authorize an Expenditure Budget Transfer in an Amount of $133,380 from
available Traffic Mitigation Funds;
e. Authorize an Expenditure Budget Transfer in an Amount of $200,000 from
Available Funds in Fund 461 CIP #816-0420;
f. Authorize an Expenditure Budget Transfer in an Amount of $60,000 from
Available Funds in CIP #813-0221;
g. Authorize an Expenditure Budget Transfer in an Amount of $231,524 from
Available Funds in CIP #813-0231; and
h. Authorize an Expenditure Budget Transfer in an Amount of $219,772 from
Available Funds in CIP #811-9902.
RECOMMENDATION:
Staff recommends the following actions for the Shannon Road Pedestrian and Bikeway
Improvements Project (CIP No. 813-0218):
a. Approve the plans and specifications;
b. Authorize advertising the project for bid contingent on receiving Caltrans authorization;
PAGE 2 OF 7 SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: April 3, 2023
RECOMMENDATION (continued):
c. Authorize the Town Manager to execute the second amendment to the consulting services
agreement with ActiveWayz Engineering (Attachment 1) for additional engineering services
during bid, award, and construction in an amount of $25,238, resulting in a total agreement
amount not to exceed $196,709;
d. Authorize an expenditure budget transfer in an amount of $133,380 from available Traffic
Mitigation Funds;
e. Authorize an Expenditure Budget transfer in an amount of $200,000 from available funds in
Fund 461 CIP #816-0420;
f. Authorize an expenditure budget transfer in an amount of $60,000 from available funds in
CIP #813-0221;
g. Authorize an expenditure budget transfer in an amount of $231,524 from available funds in
CIP #813-0231; and
h. Authorize an expenditure budget transfer in an amount of $219,772 from available funds in
CIP #811-9902.
BACKGROUND:
The Shannon Road Pedestrian and Bikeway Improvements Project would provide pedestrian
and bicycle safety improvements on Shannon Road between Los Gatos Boulevard and Cherry
Blossom Lane. This segment of Shannon Road is a two-lane neighborhood collector street with
high volumes of bicycle and pedestrian traffic when schools are in session. The street is a
popular route for students attending Blossom Hill Elementary, Louise Van Meter Elementary,
and Raymond J. Fisher Middle schools. There are intermittent sections of sidewalk on both
sides of the roadway. Currently, on-street parking is not allowed on Shannon Road between 7
a.m. and 6 p.m., except on Saturdays, Sundays, and holidays.
In June 2018, the Town was awarded a Vehicle Emissions Reductions Based at Schools
(VERBS) federal grant in the amount of $940,100 from the Metropolitan Transportation
Commission (MTC) One Bay Area Grant (OBAG) program distributed through the Santa
Clara Valley Transportation Authority (VTA) to partially fund the project. This grant is a
critical source of funding for the construction phase of this project, and it is shown as such
in the adopted FY 2022/23-2026/27 CIP Budget. This is a reimbursement grant whereby
the Town must expend the funds and request reimbursement from VTA. The initial
request for reimbursement must be received by June 30, 2023 to comply with the
requirements of this grant.
On November 5, 2019, the Town Council authorized the Town Manager to solicit design
consultants and negotiate and execute a design consultant agreement in an amount not to
exceed $200,000. ActiveWayz Engineering was selected as the design consultant through the
PAGE 3 OF 7 SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: April 3, 2023
BACKGROUND (continued):
procurement process. A consultant services agreement for an amount not to exceed
$126,631 was negotiated and executed with ActiveWayz Engineering to include project
management, survey, alternative analysis and community outreach, utility coordination, final
design, bid support, and construction administration support. On March 1, 2022, Council
authorized the Town Manager to execute the first amendment increase of $44,840 for
additional community outreach efforts and to develop an additional design option based on
the community feedback received (see Exhibit A).
This report recommends a second amendment to the agreement for additional engineering
services during bid, award, construction, and post-construction (see Attachment 1 and Exhibit
B). The original scope was developed with the expectation of greater Town staff involvement
during bid, award, construction, and post-construction. The second amendment would
facilitate greater use of the design consultant to augment Town staff resources.
ActiveWayz developed two concept designs that were presented to the community in 2021 at
meetings on August 26 and September 29. During the community meeting process a third
concept was added to reflect community input. These concepts and project history can be
found on the PPW website at: https://www.losgatosca.gov/2687/Shannon-Pedestrian-and-
Bikeway-Improveme. At its October 19, 2021 meeting, Town Council approved Design
Concept 3 and authorized staff to proceed with final design.
Two additional community meetings were held on November 17, 2021 and January 15, 2022.
DISCUSSION:
The December 2022 engineer’s estimate to complete the proposed work for the Shannon Road
Pedestrian and Bikeway Improvements Project is $1,766,826. The project would improve the
safe mobility of Town residents and visitors and improve storm drainage. The Town has
engaged the public and incorporated ideas generated through community involvement as much
as possible. Grants have been secured to defer costs. Utility owners have been noticed of their
obligation to relocate as necessary to accommodate the project plans.
The Town continues to receive correspondence from residents expressing dissatisfaction with
the design, cost, and environmental impacts, while also receiving balancing general support of
the idea of improvement. Suggestions to improve the plans were often provided including
additional trees and variations in geometric design. Correspondences received prior to April 13,
2023 at 11 a.m. are included as Attachment 2. In an effort to address some of these concerns,
staff has included an add alternate bid item for up to 14 trees along the project route. The
PAGE 4 OF 7 SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: April 3, 2023
DISCUSSION (continued):
exact placement and species of trees will be determined in the field in coordination with local
residents and the Town Arborist.
The plans and specifications for the Shannon Road Pedestrian and Bikeway Improvements
Project can be viewed on the Town’s website at https://www.losgatosca.gov/108/Capital-
Improvement-Program. Staff is asking for authorization to advertise the project for
construction pending receipt of the E-76 certification from Caltrans which is expected to be
provided within the next 30 days.
Once authorized by the Town Council to advertise for bid, the following is the anticipated
schedule for the project, assuming receipt of the E-76 approval:
Milestones Anticipated Timeline
Advertise the Project for Bid April 28, 2023
Bids Due May 18, 2023
Council to Accept Lowest Bidder June 6, 2023
Award and Execute Agreement June 15, 2023
Start Construction July 5, 2023
Anticipated Completion January 2024
CONCLUSION:
Approval of the recommendations allows the Shannon Road Pedestrian and Bikeway
Improvements Project to move forward for bidding with an option for bidders to identify
additional landscaping and greening opportunities as an add alternate. It is important for the
Town to construct the project to utilize the grants that were received for this project.
ALTERNATIVE:
Alternatively, the Council could direct staff to revisit the design to incorporate additional
comments received. Staff would consider modifications that would add environmental
components to the streetscape by adding small landscape buffers that incorporate trees and
allow the Town to improve water quality runoff, air quality, and neighborhood appeal. This
alternative would necessitate almost complete redesign of the project, incurring additional
design costs and delaying the project to at least summer of 2024. This delay would likely result
in the loss of grants secured and impact the Town’s ability to secure future grant funds.
PAGE 5 OF 7 SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: April 3, 2023
COORDINATION:
This project has been coordinated with the Complete Streets and Transportation Commission,
significant public outreach has been conducted, and the project has been coordinated with
the Finance Department.
FISCAL IMPACT:
The FY 2022/23 – 2026/27 CIP Budget for the Shannon Road Pedestrian and Bikeway
Improvements Project requires additional funding for the construction phase. On October 19,
2021, Town Council unanimously approved (see Item 7 of the meeting minutes) the proposed
alternative and a recommended funding strategy that included consolidating funds from other
projects to the Shannon Road project. The scope of each of these projects aligns with
corresponding scope within the Shannon Road project. Staff recommends that Town Council
authorize the transfer of available funds from the CIP projects identified in the fiscal table
below.
PAGE 6 OF 7 SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: April 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 full-time budgeted staff and temporary
staff that support fluctuating workloads. The costs for temporary staff will be directly
associated with this project while full-time staff are accounted for in the Department’s
operating budget.
Budget
GFAR 230,000$
Grants 1,114,350$
Utility Undergrounding 119,204$
Transfer from Traffic Mitigation Funds 133,380$
Transfer from Fund 461 - Storm Basin #1 (Considered
with this Staff Report)200,000$
Transfer from CIP #813-0221 (Considered with this
Staff Report)60,000$
Transfer from CIP #813-0231 (Considered with this
Staff Report)231,524$
Transfer from CIP #811-9902 (Considered with this
Staff Report)219,772$
Total Budget 2,308,230$
Costs
Misc. Expenses 500$
Temporary Staff Charges 35,000$
Engineering Services (Previously Approved)171,471$
Engineering Services (Approved with this Staff Report)25,238$
Construction Management Services (7.5%)132,512$
Construction 1,766,826$
Construction Contingency (10%)176,683$
Total Costs 2,308,230$
Available Balance -$
Shannon Road Pedestrian and Bikeway Improvements
CIP No. 813-0218
PAGE 7 OF 7 SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: April 3, 2023
ENVIRONMENTAL ASSESSMENT:
This is a project defined under the California Environmental Quality Act (CEQA) as being
Categorically Exempt per Section 15301(c) Existing streets, sidewalks, trails and similar
facilities and 15304(h) Creation of bicycle lanes on existing rights-of-way. A Notice of
Exemption will be filed. Under the National Environmental Policy Act (NEPA), the project is
determined to be categorically excluded from a detailed environmental analysis.
Attachments:
1. ActiveWayz Engineering Consultant Agreement Proposed Second Amendment with Exhibit
“A” – Original Agreement and First Amendment and Exhibit “B” - Scope of Services
2. Public Comment
This Page Intentionally Left Blank
Page 1 of 2
Second Amendment to Agreement for Consultant Services
ActiveWayz Engineering
SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 1st day of April 2023 and amends that certain First Amendment to Agreement for Consultant Services dated March 1, 2022, made by and between the Town of Los Gatos, ("Town") and the ActiveWayz Engineering (“Consultant”).
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021
(“Agreement”) and a First Amendment for Consultant Services Agreement on March 1,
2022 for the Shannon Road Pedestrian and Bikeway improvements Project (CIP No. 813-
0218), copies of which are attached hereto and incorporated by reference as Exhibit A to
this Amendment.
B. Town desires to amend the Agreement to add to the scope of services and for additional
compensation.
AMENDMENT 1. 2.1 Scope of Services is amended to read as follows: Consultant shall provide services as described in that certain Proposal sent to the Town on March 8, 2023, which is hereby incorporated by referenced and attached as Exhibit B. 2. 2.6 Compensation is amended to read as follows:
Additional compensation for Consultant’s professional services shall be increased by $25,238. For a total agreement amount not to exceed $196,709, inclusive of all costs. Payment shall be based upon Town approval of each task based on Exhibit B.
3. All other items and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
Page 2 of 2
Second Amendment to Agreement for Consultant Services
ActiveWayz Engineering
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: ActiveWayz Engineering:
_______________________________ ______________________________
Laurel Prevetti, Town Manager Admas Zewdie, President
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
Page 1 of 8
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on May 3, 2021 by and between TOWN OF LOS
GATOS, a California municipal corporation, (“Town”) and ACTIVEWAYZ ENGINEERING,
(“Consultant”), whose address is 2170 The Alameda, Suite 200, San Jose, CA 95126. This
Agreement is made with reference to the following facts.
I.RECITALS
1.1 Town desires to engage Consultant to provide Consultant Services for Shannon Road
Pedestrian and Bikeway Improvements Project (CIP No. 813-0218).
1.2 Consultant represents and affirms that it is willing to perform the desired work pursuant to
this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II.AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in Exhibit A, which is
hereby incorporated by reference.
2.2 Term and Time of Performance. This contract will remain in effect from date of execution
to December 31, 2023.
2.3 Compliance with Laws. Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town’s property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and
the Consultant shall not make any of the these documents or information available to any
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EXHIBIT A
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
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individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release. Town acknowledges that the reports to
be prepared by the Consultant pursuant to this Agreement are for the purpose of
evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Consultant in connection with other projects shall be solely at Town's risk,
unless Consultant expressly consents to such use in writing. Town further agrees that it
will not appropriate any methodology or technique of Consultant which is and has been
confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed
$126,631.00, inclusive of all costs as described in Exhibit A. Payment shall be based upon
Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft
form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the Town at the Consultant's
offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, Consultant may perform some obligations under
this Agreement by subcontracting but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement. Consultant agrees to
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testify in any litigation brought regarding the subject of the work to be performed under
this Agreement. Consultant shall be compensated for its costs and expenses in preparing
for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the Town
in the subject of this Agreement, and it shall immediately disassociate itself from such an
interest, should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps to
ensure that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
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iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
i. Town, its officers, officials, employees and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of Consultant,
premises owned or used by the Consultant. This requirement does not
apply to the professional liability insurance required for professional errors
and omissions.
ii. The Consultant's insurance coverage shall be primary insurance in respect
to the Town, its officers, officials, employees and volunteers. Any insurance
or self-insurances maintained by the Town, its officers, officials, employees
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
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3.4 Indemnification. Consultant shall save, keep, hold harmless and indemnify and defend the
Town, its officers, agent, employees and volunteers from all damages, liabilities, penalties,
costs, or expenses in law or equity that may at any time arise or be set up because of
damages to property or personal injury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. Town and Consultant shall have the right to terminate this
agreement with or without cause by giving not less than fifteen days (15) written notice of
termination. In the event of termination, Consultant shall deliver to the Town all plans,
files, documents, reports, performed to date by the Consultant. In the event of such
termination, Town shall pay Consultant an amount that bears the same ratio to the
maximum contract price as the work delivered to the Town bears to completed services
contemplated under this Agreement, unless such termination is made for cause, in which
event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq.
of the California Labor Code requiring the payment of prevailing wages, the training of
apprentices and compliance with other applicable requirements. Contractors and all
subcontractors who perform work on the project are required to comply with these
requirements. Prevailing wages apply to all projects over $1,000 which are defined as
a “public work” by the State of California. This includes: construction, demolition,
repair, alteration, maintenance and the installation of photovoltaic systems under a
Power Purchase Agreement when certain conditions are met under Labor Code Section
1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov
and are on file with the Town of Los Gatos Parks and Public Works Department,
which shall be available to any interested party upon request. The contractor
is also required to have a copy of the applicable wage determination posted
and/or available at each jobsite.
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4.4.2 Specifically, contractors are reminded of the need for compliance with Labor
Code Section 1774-1775 (the payment of prevailing wages and documentation
of such), Section 1776 (the keeping and submission of accurate certified
payrolls) and 1777.5 in the employment of apprentices on public works
projects. Further, overtime, weekend and holiday pay, and shift pay must be
paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California
Department of Industrial Relations may impose penalties upon contractors and
subcontractors for failure to comply with prevailing wage requirements. These
penalties are up to $200 per day per worker for each wage violations identified;
$100 per day per worker for failure to provide the required paperwork and
documentation requested within a 10-day window; and $25 per day per worker
for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of
retention on any and all projects on which the payment of prevailing wages is
required, the contractor agrees to present to the Town, along with its request
for payment, all applicable and necessary certified payrolls (for itself and all
applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply
with the mandates set forth in Labor Code Section 1720 et seq, as well as any
additional documentation requested by the Agency or its designee including,
but not limited to: certified payroll, fringe benefit statements and backup
documentation such as monthly benefit statements, employee timecards,
copies of wage statements and cancelled checks, proof of training contributions
(CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to
the Town, the contractor and all subcontractors shall be required to submit
certified payroll and related documents electronically to the California
Department of Industrial Relations. Failure to submit payrolls to the DIR when
mandated by the project parameters shall also result in the withholding of
progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public
works project unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 [with limited exceptions from this
requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on
a public works project, unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5. Contractors MUST be a
registered “public works contractor” with the DIR AT THE TIME OF BID. Where
the prime contract is less than $15,000 for maintenance work or less than
$25,000 for construction alternation, demolition or repair work, registration is
not required.
4.4.8 Should any contractor or subcontractors not be a registered public works
contractor and perform work on the project, Contractor agrees to fully
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indemnify the Town for any fines assessed by the California Department of
Industrial Relations against the Town for such violation, including all staff costs
and attorney’s fee relating to such fine.
4.4.9 Town shall withhold any portion of a payment; including the entire payment
amount, until certified payroll forms and related documentation are properly
submitted, reviewed and found to be in full compliance. In the event that
certified payroll forms do not comply with the requirements of Labor Code
Section 1720 et seq., Town may continue to hold sufficient funds to cover
estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
ACTIVEWAYZ ENGINEERING
Attn: Admas Zewdie
2170 The Alameda, Suite 200
San Jose, CA 95126
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
Page 8 of 8
IN WITNESS WHEREOF, Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
Consultant, by:
Printed Name and Title
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Admas Zewdie, President
5/18/2021
5/19/2021
5/20/2021
5/20/2021
5/20/2021
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 1
Deliverables:
•Meeting agenda and minutes
•Project schedule
•Monthly invoice and progress report
Assumptions:
•The project will be completed within the duration
shown in the attached project schedule.
•Outreach meetings will be noticed, organized and
led by Town staff.
SCOPE OF SERVICES
1 PROJECT MANAGEMENT
•Project Management and Coordination – Communicate regularly with Town of Los Gatos project manager regarding
project progress, challenges, and next action items; Coordinate activities of internal and subconsultant team members;
Prepare monthly invoices and progress reports; Prepare and maintain project schedule.
•Project Schedule – Prepare a base line project schedule, and update project schedule as the project progresses.
•Kick-Off Meeting – Organize, attend, and lead project kick-off meeting; Prepare agenda and meeting minutes for each
meeting.
•Project Coordination Meeting – Organize, attend, and lead bi-weekly coordination meetings; Prepare agenda and
meeting minutes for the meetings.
•Outreach Meetings – Attend up to two (2) community outreach meetings and up to two (2) Town’s Complete Streets
and Transportation Commission meetings.
2 TOPOGRAPHIC SURVEY
•Field Topographic Survey – Provide a design-level topographic survey extending 10 to 20-feet beyond the right of way
to allow for conform design and at minimum 50-feet beyond work limits shown in the exhibit attached to the RFP. The
survey shall include existing right-of-way, roadway, surface utilities, sewer and storm drain manholes and their inverts, trees,
fence, driveway, sidewalk, etc. Site coordinates will be established with RTK GPS at each intersection. Site control will be
established and noted in the CAD file for future use by the contractor.
•Right of Way Mapping – Based upon a combination of record data and any monuments collected during topographic
surveying, calculate the record data location of the existing right of way for the mapping corridor. Additionally, calculate
and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and
apparent lines of occupation). Easements will be shown on the mapping product only to the extent shown on existing
recorded maps.
•Plat and Legal Description (OPTIONAL) – Prepare Legal descriptions and Exhibit Plats for right of way acquisition.
One summary sheet and calculations sheet, including the total area of the property, areas of acquisition, areas the
acquisition overlaps any easements of record and the remainder area of the parcel will be prepared for each separate
property owner where acquisition is proposed. One acquisition document may describe various takes including: CLIENT
Right of Way, Utility Easements, Slope Easements, and Drainage Facility Easements. Since the number of acquisitions
cannot be accurately determined at this time, we propose to include this work item as an optional task. The fee for
preparing plat and legal description is $1,000 per parcel.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 2
Deliverables:
• Site photos
• Base map in AutoCAD containing topographic
mapping, and existing utilities and right-of-way
• Exhibits of proposed alternatives (3)
• Exhibit of preferred alternative (1)
• Alternatives Analysis Memo
Assumptions:
• Town will provide as-builts for Town-owned
utilities.
• Town will be responsible for coordination with
adjacent property owners.
3 DATA COLLECTION AND ALTERNATIVE ANALYSIS
• Site Assessment – Conduct a field visit to confirm existing conditions, obtain additional information, and take site
pictures.
• Project Background Information – Obtain from Town and review background project information, such as prior
studies, traffic analysis, traffic counts, collision data, community meeting minutes, etc. Request as-built maps from utility
companies.
• Base Map Preparation – Using topographic survey, prepare a base map that depicts the existing information collected
during the site visit and from utility companies. The base map will show approximate locations of existing utilities, signs,
and pavement delineation.
• Alternatives Analysis – Prepare up to three feasible project alternatives for the proposed improvements. The alternatives
shall be developed with careful evaluation of the needs of pedestrians, bicyclists, drivers, and adjacent residents. The
concept plans shall clearly show the scope of improvements and the associated geometric parameters for the project. The
plans shall show the proposed improvements and sufficient notes and references to communicate the design intent. The
alternatives will take the following factors into consideration:
> cost
> implementation timeline
> on-street parking
> utility relocations
> tree impacts
> drainage (public and private)
> impacts to private property improvements
> pedestrian street crossings
> variations in right of way width
> enhancing safety and convenience for pedestrians and bicyclists
> street cross section (sidewalk type, bicycle
accommodation, planting, parking, travel lanes, etc.)
> public acceptance
The alternatives will be presented on exhibits using aerial map background. Typical cross-sections at key locations will be
included. At the conclusion of the alternative analysis, a written memo summarizing the alternatives and associated costs
together with a recommendation will be provided in addition to the conceptual drawings to document the work effort.
Assumptions:
• Topographic survey for the optional segment
(Cherry Blossom Lane to Short Road) is not
included. It is possible that the Town’s currently
available topographic mapping may be sufficient for
the traffic calming work. If supplemental surveys are
needed, the survey scope can be amended once the
limits of additional surveys are determined.
Deliverables:
• AutoCAD Civil 3D file with survey points and
Digital Terrain Model
• AutoCAD file with existing right of way
information
• Plats and Legal descriptions for acquisitions
(OPTIONAL)
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 3
Deliverables:
• Exhibits using material prepared under other tasks
• Attendance at coordination meetings (3)
Assumptions:
• Preparation of graphic renderings are not included.
Deliverables:
• Exhibits using material prepared under other tasks
• Attendance at coordination meetings (3)
Assumptions:
• Preparation of graphic renderings are not included.
4 COMMUNITY OUTREACH
• Exhibits for the proposed alternatives will be prepared under Task 3 above. Under this task, consultant will minor
adjustments to format the exhibits for public presentations.
• The consultant project manager will attend up to three (3) additional meetings with private property owners or other
project stakeholders at the request of the Town’s project manager.
5 UTILITY COORDINATION
• Identify potential utility conflicts, and if possible, identify design modifications to avoid utility conflicts.
• Where conflicts are unavoidable, identify utility relocation needs and coordinate with utility companies to complete
relocations.
• For each utility conflict, prepare conflict maps identifying the location of the conflicts, and coordinate with utility
purveyors to prepare conflict resolution plans.
• Review the conflict maps and confirm that they will resolve the conflict.
• Prepare Notice to Owner (NTO) to utility companies to begin physical relocation of utilities. Town staff will perform
field inspection to ensure that the relocation work is performed in conformance with the approved conflict resolution
plans.
• Assist the Town in preparation of a pothole exhibit. The Town will hire a pothole contractor to identify utility
locations and depths along the proposed storm drain alignment. Survey pothole locations and add information to
design drawings.
6 FINAL DESIGN
Prepare Plans, Specifications and Estimate in conformance with the 2010 Caltrans Standard Plans and Specifications,
supplemented by Town specific flatwork, signing, striping, and tree planting details.
6.1 65% PS&E
• Plans – Plans will be prepared on 24”x36” size pages on the Town’s title block. All major design issues and solutions
will be represented in the plans. The plans will show the existing conditions, the proposed improvements, and associated
details, standards, and notes. The following types of plans are expected to be included in the plan set:
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 4
Deliverables:
• 65% Plans (PDF)
• 65% Technical Specifications
(MS Word, PDF)
• 65% Cost Estimate
(MS Excel, PDF)
Assumptions:
• Town will prepare front-end specifications.
• Town will provide sheet border, and CAD drafting standards if
available.
• Town will be responsible for environmental clearance, right of way
certification, and E-76 authorization coordination.
• Landscaping and irrigation design is not included in the scope of work.
• The optional segment (Cherry Blossom Lane to Short Road) is not
included.
Deliverables:
• Comment Response Matrix
• 100% Plans (PDF)
• 100% Technical Specifications
(MS Word, PDF)
• 100% Cost Estimate
(MS Excel, PDF)
Assumptions:
• Town will provide a compiled set of comments after resolving
inconsistencies between various reviewers.
> Title Sheet (1 sheet)
> Notes, Legend, and Abbreviations (1 sheet)
> Existing Conditions Plan (1”=20’ scale, 3 sheets)
> Demolition Plan (1”=20’ scale, 3 sheets)
> Improvement Plans (1”=20’ scale, 3 sheets)
> Signing and Striping Plans (1”=20’ scale, 3 sheets)
> Construction Details (6 sheets)
> Standard Details (2 sheets)
> Best Management Practices (1 sheet)
> Total (23 sheets)
• Technical Specifications – Prepare draft technical specifications using the Town of Los Gatos specification format and
content. Supplement technical specifications as needed with Caltrans standards for project work not already covered by the
Town’s standard specifications. Prepare bid tabulation and detailed measurement and payment section. The bid tabulation
and the units of measurement shall be consistent with the cost estimate.
• Estimate – Prepare estimate of probable cost based on items and quantities of work shown on the plans. Unit prices will
be based on the magnitude of the quantities and recently awarded local projects and engineer’s judgment.
6.2 100% PS&E
• Comment Review – Review Town’s comments on the 65% submittal and provide responses in a matrix format. Identify
comments that consultant disagrees with, need further clarification on, or may result in change in scope for discussion with
the Town’s project manager.
• Update Plans, Specifications, and Estimate of Probable Cost – Prepare 100% construction documents by refining
the 65% design documents based on comments received after the Town’s review of the 65% construction documents. The
100% plans, technical specifications, and estimate of probable cost shall be submitted together.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 5
Deliverables:
• Comment Response Matrix
• Final Plans (PDF)
• Final Technical Specifications
(MS Word, PDF)
• Final Cost Estimate
(MS Excel, PDF)
Assumptions:
• Town will provide a compiled set of comments after resolving
inconsistencies between various reviewers.
• It is assumed that if Town decides to split the project in two, the same
plan set will be used and non-applicable work items will be crossed
out from the plans. This scope does not include preparing stand-
alone plan sets for two separate bid packages.
Deliverables:
• Responses to RFIs
Assumptions:
• The project will be constructed in a single construction package.
Deliverables:
• Responses to RFIs
• Reviewed shop drawings
• Change order plans
• As-built plans
Assumptions:
• This task will be performed on a time-and-material basis.
6.3 Final PS&E
• Bid Set – Address miscellaneous Town comments on the 100% submittal and prepare a bid-ready set of plans, technical
specifications, and cost estimate.
7 BID SUPPORT
• Support the Town through the bid process and construction contract award.
• Respond to questions or requests for clarifications during the bid phase.
• Attend a pre-bid meeting.
• Assist the Town establish the lowest responsible bidder.
• Provide value engineering services as needed if bids are above the construction budget.
8 CONSTRUCTION ADMINISTRATION
• Provide construction support services. Tasks may include attending pre-construction and other field meetings, reviewing
submittals, responding to requests for information, providing field check services, preparing design modifications if
necessary due to unforeseen conditions, prepare as-built documents, and project closeout.
• Consultant shall conduct site visits during construction at appropriate stages. Consultant shall provide submittal list,
respond to requests for information (RFI), review shop drawings, and prepare change orders, and provide written
recommendations to the Town. Consultant shall participate in the final walk-through and assist with preparing the punch
list of deficiencies.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 6
9 SUPPLEMENTARY SERVICES
• Work under this task item shall include other supplemental services as related to right-of-way, utility relocation,
additional meetings, and other design elements not already outlined or specified under other task items. Any work
under this task will first need to be requested or approved by the Town and as authorized by Town staff.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
ActiveWayz Engineering
Fee Estimate
4/6/2021
Project ManagerProject EngineerDesign EngineerEngineering TechnicianTotalTasks $198 $168 $124 $60
1. Project Management 54 ———54 $10,692 —$10,692 —$10,692
Project Management & Coordination 16 ———16 $3,168 —$3,168 —$3,168
Project Schedule 4 ———4 $792 —$792 —$792
Kick-Off Meeting 2 ———2 $396 —$396 —$396
Project Coordination Meeting 16 ———16 $3,168 —$3,168 —$3,168
Ourteach Meetings (4)16 ———16 $3,168 —$3,168 —$3,168
2. Topographic Survey ————————$18,500 $18,500
Field Topographic Survey & R/W Mapping ————————$18,500 $18,500
3. Data Collection and Alternative Analysis 32 —52 66 150 $16,744 —$16,744 —$16,744
Site Assessment 4 —4 —8 $1,288 —$1,288 —$1,288
Project Background Information ——8 8 16 $1,472 —$1,472 —$1,472
Base Map Preparation 2 —8 8 18 $1,868 —$1,868 —$1,868
Alternatives Analysis 26 —32 50 108 $12,116 —$12,116 —$12,116
4. Community Outreach 16 —16 40 72 $7,552 —$7,552 —$7,552
Prepare Exhibits 8 —16 40 64 $5,968 —$5,968 —$5,968
Attend Meetings (up to 4 additional)8 ———8 $1,584 —$1,584 —$1,584
5. Utility Coordination 16 —24 —40 $6,144 —$6,144 —$6,144
Utility Coordination 16 —24 —40 $6,144 —$6,144 —$6,144
6. Final Design 81 111 86 189 467 $56,689 —$56,689 —$56,689
65% PS&E 60 82 64 140 346 $41,992 —$41,992 —$41,992
100% PS&E 15 21 16 35 87 $10,498 —$10,498 —$10,498
Final PS&E 6 8 6 14 35 $4,199 —$4,199 —$4,199
7. Bid Support 4 4 ——8 $1,464 —$1,464 —$1,464
Pre-bid meeting 2 ———2 $396 —$396 —$396
Bid Support 2 4 ———$1,068 —$1,068 —$1,068
——————————
8. Construction Administration 9 8 —12 29 $3,846 —$3,846 —$3,846
Meetings 3 ———3 $594 —$594 —$594
Shop Drawing Reviews 2 4 ——6 $1,068 —$1,068 —$1,068
RFIs 2 4 ——6 $1,068 —$1,068 —$1,068
As-builts 2 ——12 —$1,116 —$1,116 —$1,116
9. Supplementary Services ——————$5,000 $5,000 —$5,000
Supplementary Services ——————$5,000 $5,000 —$5,000
Total 212 123 178 307 820 $103,131 $5,000 $108,131 $18,500 $126,631
TOWN OF LOS GATOS
SHANNON ROAD PEDESTRIAN AND BIKEWAY IMPROVEMENTS (CIP No. 813-0218)Grand TotalActiveWayz Engineering PLS Surveys
TotalFeeHours TotalFeeDirectExpensesSubtotalFeeACTIVEWAYZ COST PROPOSAL - Shannon Road.xlsx
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
ID Task Name Duration Start Finish Predecessors1Notice to Proceed0 daysMon 5/17/21Mon 5/17/212Task 1: Project Management49 daysFri 5/21/21Mon 8/2/213Kick‐Off Meeting0 daysFri 5/21/21Fri 5/21/211FS+5 days4Community Outreach Mtg #10 daysFri 6/11/21Fri 6/11/2115SS+5 days5Community Outreach Mtg #20 daysFri 7/16/21Fri 7/16/2117SS+5 days6Complete Streets & Transportation Commission Mtg #10 daysFri 6/25/21Fri 6/25/214FS+10 days7Complete Streets & Transportation Commission Mtg #20 daysMon 8/2/21Mon 8/2/215FS+10 days8Task 2: Topographic Survey10 daysMon 5/17/21Fri 5/28/219Topographic Surveys10 daysMon 5/17/21Fri 5/28/21110Task 3: Data Collection and Alternative Analysis59 daysMon 5/17/21Mon 8/9/2111Project Background Research and As‐Built collection10 daysMon 5/17/21Fri 5/28/21112Site Assessment1 dayTue 6/1/21Tue 6/1/219,1113Base Map Preparation3 daysWed 6/2/21Fri 6/4/2112,11,914Alternative Analysis45 daysMon 6/7/21Mon 8/9/2115Develop Draft Alternatives20 daysMon 6/7/21Fri 7/2/211316Town Review of Draft Alternatives5 daysMon 7/5/21Fri 7/9/211517Refine Alternatives20 daysMon 7/12/21Mon 8/9/211618Select Preferred Alternative0 daysMon 8/9/21Mon 8/9/211719Task 4: Community Outreach45 daysFri 5/28/21Mon 8/2/2120Prepare Exhibits45 daysFri 5/28/21Mon 8/2/214SS‐10 days21Task 5: Utility Coordination60 daysMon 7/19/21Wed 10/13/2122Utility Coordination60 daysMon 7/19/21Wed 10/13/211823Task 6: Final Design83 daysTue 8/10/21Wed 12/8/212465% PS&E40 daysTue 8/10/21Tue 10/5/2125Prepare Plans25 daysTue 8/10/21Tue 9/14/211826Prepare Estimate2 daysWed 9/15/21Thu 9/16/212527Prepare Specifications3 daysFri 9/17/21Tue 9/21/212628Complete 65% PS&E0 daysTue 9/21/21Tue 9/21/212729Town Review10 daysWed 9/22/21Tue 10/5/212830100% PS&E28 daysWed 10/6/21Tue 11/16/211231Respond to 65% Comments3 daysWed 10/6/21Fri 10/8/212932Update PS&E Package20 daysTue 10/12/21Mon 11/8/213133Complete 100% PS&E0 daysMon 11/8/21Mon 11/8/213234Town Review5 daysTue 11/9/21Tue 11/16/213335Final PS&E15 daysWed 11/17/21Wed 12/8/2136Update PS&E15 daysWed 11/17/21Wed 12/8/213437Complete Final PS&E0 daysWed 12/8/21Wed 12/8/213638Task 7: Bid Support Assistance50 daysThu 12/9/21Thu 2/17/2239Bidding and Award50 daysThu 12/9/21Thu 2/17/2237,2240Task 8: Construction Support60 daysFri 2/18/22Fri 5/13/2241Construction Support60 daysFri 2/18/22Fri 5/13/22395/175/216/117/166/258/28/99/2111/812/84/114/184/255/25/95/165/235/306/66/136/206/277/47/117/187/258/18/88/158/228/299/59/129/199/2610/310/1010/1710/2410/3111/711/1411/2111/2812/512/1212/1912/261/21/91/161/231/302/62/132/202/273/63/133/203/274/34/104/174/245/15/85/155/2MayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayTaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressTown of Los GatosProject Schedule forSHANNON ROAD PEDESTRIAN AND BIKEWAY IMPROVEMENTS PROJECTPage 1Project: P2020-040 ScheduleDate: Wed 4/28/21DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
ACTIVEWAYZ’ RESPONSES TO CLARIFICATION QUESTIONS ON THE
PROJECT SCOPE
04/06/2021
1. Overview: Confirm the physical limits included in both the Alternatives Analysis and Final Design scope of work items.
RESPONSE: The proposal covers the CIP No. 813-0218 project limits (Los Gatos to Cherry Blossom).
2. Topographic Survey: The scope indicates the right of way will be
determined from "a combination of record data and any monuments." What do you propose for areas where no record data is available?
RESPONSE: In our experience, roadways and private lands have always been defined by deeds and maps. We cannot think of a time we've come across such an issue where nothing is defined. If, in fact, there is no record data, the situation
will require negotiation between the City and the adjacent private property owner
to define the right of way. Such work may involve legal action and is beyond the scope of our work.
3. Timing vs Cost vs Safety: One item not explicitly addressed in the proposal is the question of which side of the street is improved first and why. We
expect the tradeoffs between cost, timing, and safety will all be in play as we struggle with federal grant and PG&E relocation timing issues. How do you propose to address this?
RESPONSE: It’s too early to say whether bifurcation is needed. My suggestion is to develop the plans to the 65% design level and decide if we need to split the
project. There could be several options to consider, including:
• The use of add-alternate bid items;
• Segmented construction (both sides for a few blocks);
• Low-cost interim improvements
Rest assured that we will propose an optimal implementation strategy that balances the various considerations. If the project needs to be phased, we propose preparing one set of plans and cross-out/hide improvements that are not
part of the construction package. We used this approach on a recent project
that’s about to start construction. This approach can be accommodated within the budget we proposed.
4. Trees: How have you addressed tree impacts in the past?
RESPONSE: Trees should be dealt with in close coordination with the Town
arborist. Possible options include:
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Tree removal – if the tree causing the problem is an ornamental tree, a old/dying tree, or a sick tree, removing it can be an option. Many trees planted along Los Gatos streets for beautification are not appropriate for sidewalk location due to
their shallow roots. As part of the Almond Grove project, many magnolia trees that were lifting sidewalks were removed during the street reconstruction.
Cutting Tree Roots – Cutting roots can result in the death or instability of a tree, so should be attempted with a close supervision of the Town Arborist.
Reinforcing the sidewalk concrete – building a longer section of sidewalk and
reinforcing it with rebar can help counter the force of a growing tree root underneath the sidewalk and hence limit uplift.
Realigning sidewalk – The whole or a portion of the sidewalk can be realigned to be away from the tree roots, and root barriers installed to prevent further root encroachment. This may require reduction of pavement width, and may be
incorporated as part of an overall traffic calming measure.
Also, it’s important to note that not all of the sidewalk width needs to be ADA-compliant. As long as a PAR (pedestrian accessible route) of 4-foot width is provided along the sidewalk, the remaining sidewalk can have slopes that are not consistent with ADA.
5. Storm Water Management: How will you track C.3 treatment requirements for new development as the project proceeds?
RESPONSE: Provision C.3.c of the municipal stormwater permit excludes certain projects from the C.3 treatment requirements. This project will fall under that exception because it meets the requirement “Sidewalks, bicycle lanes and trails
that are not built as part of new roadways or are constructed with permeable
surfaces”. The Town has developed a Green Stormwater Infrastructure Plan in 2019. We will follow the recommendations of that plan to identify and incorporate green infrastructure elements to the extent feasible.
6. Federal Process: What is your experience on federal projects?
RESPONSE: We are very familiar with the federal requirements for projects. We are currently wrapping up two federally-funded projects for the City of South San Francisco. Per the RFP, the Town will be responsible for the E-76 coordination. We will make sure that the specifications include the required federal requirements and forms, and help the Town with the calculation of the DBE
participation goal and completion of the PS&E checklist.
7. Traffic Calming: Will ActiveWayz be able to provide traffic calming measure as part of the project?
RESPONSE: Our project scope is limited to the Shannon Road segment that’s
shown in the Project Limit exhibit attached to the RFP. The scope of the traffic
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
calming element between Cherry Blossom and Short Road is unclear. We can discuss this and incorporate it as part of the project. If the traffic calming work has a separate funding source, it may be beneficial to develop it as a stand-alone
project. There may be an opportunity for Town staff and ActiveWayz to collaborate in the development of the plans for this segment, with Town staff preparing the plans, and ActiveWayz providing technical review support. We can discuss this when we meet.
8. Do you anticipate the need to bifurcate PS&E and construction for northern
and southern side of Shannon due to funding? If bifurcation is needed, is it included in the current proposal?
RESPONSE: See response to Question 3 above.
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Page 1 of 2
ActiveWayz Engineering – First Amendment to Agreement for Consultant Services
Shannon Road Pedestrian and Bikeway Improvements Project
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 1st day of March 2022 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated May 3, 2021, made by and between the TOWN OF LOS GATOS, ("Town,") and ACTIVEWAYZ ENGINEERING (“Consultant”).
RECITALS
A.Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021
(“Agreement”), for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP
No. 813-0218), a copy of which is attached hereto and incorporated by reference as
Attachment 1 to this Amendment.
B.Town desires to amend the Agreement for the additional design services need for the
project as descried in Exhibit B (Amendment Request from ActiveWayz Engineering dated
February 18, 2022) attached hereto and incorporated by reference.
AMENDMENT
1.Section 2.1 Scope of Services is amended to read:
Consultant shall provide services as described in Exhibit A and Exhibit B (Amendment
Request from ActiveWayz Engineering dated February 18, 2022), which are herebyincorporated by reference.
2.Section 2.6 Compensation is amended to read:
Compensation for Consultant's professional services shall not exceed $171,471.00,inclusive of all costs as described in Exhibit A and Exhibit B. Payment shall be based upon
Town approval of each task.
3.All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
Page 2 of 2
ActiveWayz Engineering – First Amendment to Agreement for Consultant Services
Shannon Road Pedestrian and Bikeway Improvements Project
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos by: Consultant by:
_______________________________ ______________________________
Laurel Prevetti
Town Manager
______________________________
Print Name/Title
Recommended by:
__________________________________
Matt Morley
Director of Parks and Public Works
Approved as to Form:
__________________________________
Robert Schultz, Town Attorney
Attest:
__________________________________
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
Admas Zewdie, President
3/11/2022
3/23/2022
3/23/2022
3/23/2022
2170 The Alameda, Suite 200
San Jose, CA 95126
www.activewayz.engineering
February 18, 2022
Suyesh Shrestha, Assistant Engineer
Town of Los Gatos, Engineering Department
41 Miles Ave, Los Gatos, CA 95030
(408) 395-1437
RE: Shannon Road Pedestrian and Bikeway Improvements Project – Amendment Request
Dear Suyesh:
The Shannon Road Pedestrian and Bikeway Improvements Project has reached a significant milestone
with the completion of the 65% Project Plans. These plans reflect the extensive community input
received on the project during its development. As we get ready to complete the remaining project
tasks, and accommodate some of the requests from the community, I would like to inform you that
scope and budget amendment is needed to complete the project. Below, I have provided explanation of
the additional scope of work for the project.
1.Sidewalk extension to E. La Chiquita Avenue – The project scope currently ends at the Shannon
Road/Cherry Blossom Lane intersection. This task will extend the sidewalk improvements to E. La
Chiquita Avenue on the south side of Shannon Road. PLS Surveys will perform field topographic
survey and existing right of way determination. ActiveWayz Engineering will prepare design plans,
estimate, and specifications for the added area. The scope excludes curb return modification and
curb ramp design at the Shannon Road/E. La Chiquita Avenue intersection.
2.Additional Project Management Effort – The project experienced delays to solicit and
accommodate additional community input. Several additional team coordination meetings were
held to discuss and coordinate potential project changes and concerns raised by community
members. Additional community meetings were held based on residents’ requests and Council’s
direction.
3.Additional Alternative Analysis – Several iterations of the project alternatives were developed
beyond the three alternatives included in the scope of work to evaluate requests from community
members as well as Town staff.
4.Public Meetings – Visual renderings were prepared for the alternatives to assist with community
engagement.
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5.Design Revisions – After the project concept was approved and design effort commenced,
additional design modification requests were raised at community meetings and individual
resident outreach meetings.
Project Budget Summary
Task
Original Contract
Amount
Amendment
Requested
Contract Amount after
Amendment
1.Project Management $10,692 $5,000 $15,692
2.Topographic Survey $18,500 $3,500 $22,000
3.Data Collection and Alternative Analysis $16,744 $10,840 $27,584
4.Community Outreach $7,552 $3,500 $11,052
5.Utility Coordination $6,144 - $6,144
6.Final Design $56,689 $27,000 $83,689
7.Bid Support $1,464 $1,464
8. Construction Administration $3,846 $3,846
9. Supplementary Services $5,000 -$5,000 $0
Total $126,631 $44,840 $171,471
As you can see from the above summary, the project has evolved significantly in character during the
design effort. In addition, the extensive community engagement resulted in considerably more effort than
originally anticipated. I hope you find the above information helpful as you review our amendment
request. Should you have any questions regarding the above, please contact me at (408) 219-5678 or
admas@activewayz.engineering.
Sincerely,
ActiveWayz Engineering, Inc.
Admas Zewdie, P.E.
President
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Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on May 3, 2021 by and between TOWN OF LOS
GATOS, a California municipal corporation, (“Town”) and ACTIVEWAYZ ENGINEERING,
(“Consultant”), whose address is 2170 The Alameda, Suite 200, San Jose, CA 95126. This
Agreement is made with reference to the following facts.
I.RECITALS
1.1 Town desires to engage Consultant to provide Consultant Services for Shannon Road
Pedestrian and Bikeway Improvements Project (CIP No. 813-0218).
1.2 Consultant represents and affirms that it is willing to perform the desired work pursuant to
this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II.AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in Exhibit A, which is
hereby incorporated by reference.
2.2 Term and Time of Performance. This contract will remain in effect from date of execution
to December 31, 2023.
2.3 Compliance with Laws. Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town’s property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and
the Consultant shall not make any of the these documents or information available to any
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individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release. Town acknowledges that the reports to
be prepared by the Consultant pursuant to this Agreement are for the purpose of
evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Consultant in connection with other projects shall be solely at Town's risk,
unless Consultant expressly consents to such use in writing. Town further agrees that it
will not appropriate any methodology or technique of Consultant which is and has been
confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed
$126,631.00, inclusive of all costs as described in Exhibit A. Payment shall be based upon
Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft
form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the Town at the Consultant's
offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, Consultant may perform some obligations under
this Agreement by subcontracting but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement. Consultant agrees to
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Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
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testify in any litigation brought regarding the subject of the work to be performed under
this Agreement. Consultant shall be compensated for its costs and expenses in preparing
for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the Town
in the subject of this Agreement, and it shall immediately disassociate itself from such an
interest, should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps to
ensure that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
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iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
i. Town, its officers, officials, employees and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of Consultant,
premises owned or used by the Consultant. This requirement does not
apply to the professional liability insurance required for professional errors
and omissions.
ii. The Consultant's insurance coverage shall be primary insurance in respect
to the Town, its officers, officials, employees and volunteers. Any insurance
or self-insurances maintained by the Town, its officers, officials, employees
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
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3.4 Indemnification. Consultant shall save, keep, hold harmless and indemnify and defend the
Town, its officers, agent, employees and volunteers from all damages, liabilities, penalties,
costs, or expenses in law or equity that may at any time arise or be set up because of
damages to property or personal injury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. Town and Consultant shall have the right to terminate this
agreement with or without cause by giving not less than fifteen days (15) written notice of
termination. In the event of termination, Consultant shall deliver to the Town all plans,
files, documents, reports, performed to date by the Consultant. In the event of such
termination, Town shall pay Consultant an amount that bears the same ratio to the
maximum contract price as the work delivered to the Town bears to completed services
contemplated under this Agreement, unless such termination is made for cause, in which
event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq.
of the California Labor Code requiring the payment of prevailing wages, the training of
apprentices and compliance with other applicable requirements. Contractors and all
subcontractors who perform work on the project are required to comply with these
requirements. Prevailing wages apply to all projects over $1,000 which are defined as
a “public work” by the State of California. This includes: construction, demolition,
repair, alteration, maintenance and the installation of photovoltaic systems under a
Power Purchase Agreement when certain conditions are met under Labor Code Section
1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov
and are on file with the Town of Los Gatos Parks and Public Works Department,
which shall be available to any interested party upon request. The contractor
is also required to have a copy of the applicable wage determination posted
and/or available at each jobsite.
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4.4.2 Specifically, contractors are reminded of the need for compliance with Labor
Code Section 1774-1775 (the payment of prevailing wages and documentation
of such), Section 1776 (the keeping and submission of accurate certified
payrolls) and 1777.5 in the employment of apprentices on public works
projects. Further, overtime, weekend and holiday pay, and shift pay must be
paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California
Department of Industrial Relations may impose penalties upon contractors and
subcontractors for failure to comply with prevailing wage requirements. These
penalties are up to $200 per day per worker for each wage violations identified;
$100 per day per worker for failure to provide the required paperwork and
documentation requested within a 10-day window; and $25 per day per worker
for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of
retention on any and all projects on which the payment of prevailing wages is
required, the contractor agrees to present to the Town, along with its request
for payment, all applicable and necessary certified payrolls (for itself and all
applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply
with the mandates set forth in Labor Code Section 1720 et seq, as well as any
additional documentation requested by the Agency or its designee including,
but not limited to: certified payroll, fringe benefit statements and backup
documentation such as monthly benefit statements, employee timecards,
copies of wage statements and cancelled checks, proof of training contributions
(CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to
the Town, the contractor and all subcontractors shall be required to submit
certified payroll and related documents electronically to the California
Department of Industrial Relations. Failure to submit payrolls to the DIR when
mandated by the project parameters shall also result in the withholding of
progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public
works project unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 [with limited exceptions from this
requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on
a public works project, unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5. Contractors MUST be a
registered “public works contractor” with the DIR AT THE TIME OF BID. Where
the prime contract is less than $15,000 for maintenance work or less than
$25,000 for construction alternation, demolition or repair work, registration is
not required.
4.4.8 Should any contractor or subcontractors not be a registered public works
contractor and perform work on the project, Contractor agrees to fully
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Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
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indemnify the Town for any fines assessed by the California Department of
Industrial Relations against the Town for such violation, including all staff costs
and attorney’s fee relating to such fine.
4.4.9 Town shall withhold any portion of a payment; including the entire payment
amount, until certified payroll forms and related documentation are properly
submitted, reviewed and found to be in full compliance. In the event that
certified payroll forms do not comply with the requirements of Labor Code
Section 1720 et seq., Town may continue to hold sufficient funds to cover
estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
ACTIVEWAYZ ENGINEERING
Attn: Admas Zewdie
2170 The Alameda, Suite 200
San Jose, CA 95126
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
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IN WITNESS WHEREOF, Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
Consultant, by:
Printed Name and Title
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Admas Zewdie, President
5/18/2021
5/19/2021
5/20/2021
5/20/2021
5/20/2021
DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 1
Deliverables:
•Meeting agenda and minutes
•Project schedule
•Monthly invoice and progress report
Assumptions:
•The project will be completed within the duration
shown in the attached project schedule.
•Outreach meetings will be noticed, organized and
led by Town staff.
SCOPE OF SERVICES
1 PROJECT MANAGEMENT
•Project Management and Coordination – Communicate regularly with Town of Los Gatos project manager regarding
project progress, challenges, and next action items; Coordinate activities of internal and subconsultant team members;
Prepare monthly invoices and progress reports; Prepare and maintain project schedule.
•Project Schedule – Prepare a base line project schedule, and update project schedule as the project progresses.
•Kick-Off Meeting – Organize, attend, and lead project kick-off meeting; Prepare agenda and meeting minutes for each
meeting.
•Project Coordination Meeting – Organize, attend, and lead bi-weekly coordination meetings; Prepare agenda and
meeting minutes for the meetings.
•Outreach Meetings – Attend up to two (2) community outreach meetings and up to two (2) Town’s Complete Streets
and Transportation Commission meetings.
2 TOPOGRAPHIC SURVEY
•Field Topographic Survey – Provide a design-level topographic survey extending 10 to 20-feet beyond the right of way
to allow for conform design and at minimum 50-feet beyond work limits shown in the exhibit attached to the RFP. The
survey shall include existing right-of-way, roadway, surface utilities, sewer and storm drain manholes and their inverts, trees,
fence, driveway, sidewalk, etc. Site coordinates will be established with RTK GPS at each intersection. Site control will be
established and noted in the CAD file for future use by the contractor.
•Right of Way Mapping – Based upon a combination of record data and any monuments collected during topographic
surveying, calculate the record data location of the existing right of way for the mapping corridor. Additionally, calculate
and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and
apparent lines of occupation). Easements will be shown on the mapping product only to the extent shown on existing
recorded maps.
•Plat and Legal Description (OPTIONAL) – Prepare Legal descriptions and Exhibit Plats for right of way acquisition.
One summary sheet and calculations sheet, including the total area of the property, areas of acquisition, areas the
acquisition overlaps any easements of record and the remainder area of the parcel will be prepared for each separate
property owner where acquisition is proposed. One acquisition document may describe various takes including: CLIENT
Right of Way, Utility Easements, Slope Easements, and Drainage Facility Easements. Since the number of acquisitions
cannot be accurately determined at this time, we propose to include this work item as an optional task. The fee for
preparing plat and legal description is $1,000 per parcel.
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SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 2
Deliverables:
• Site photos
• Base map in AutoCAD containing topographic
mapping, and existing utilities and right-of-way
• Exhibits of proposed alternatives (3)
• Exhibit of preferred alternative (1)
• Alternatives Analysis Memo
Assumptions:
• Town will provide as-builts for Town-owned
utilities.
• Town will be responsible for coordination with
adjacent property owners.
3 DATA COLLECTION AND ALTERNATIVE ANALYSIS
• Site Assessment – Conduct a field visit to confirm existing conditions, obtain additional information, and take site
pictures.
• Project Background Information – Obtain from Town and review background project information, such as prior
studies, traffic analysis, traffic counts, collision data, community meeting minutes, etc. Request as-built maps from utility
companies.
• Base Map Preparation – Using topographic survey, prepare a base map that depicts the existing information collected
during the site visit and from utility companies. The base map will show approximate locations of existing utilities, signs,
and pavement delineation.
• Alternatives Analysis – Prepare up to three feasible project alternatives for the proposed improvements. The alternatives
shall be developed with careful evaluation of the needs of pedestrians, bicyclists, drivers, and adjacent residents. The
concept plans shall clearly show the scope of improvements and the associated geometric parameters for the project. The
plans shall show the proposed improvements and sufficient notes and references to communicate the design intent. The
alternatives will take the following factors into consideration:
> cost
> implementation timeline
> on-street parking
> utility relocations
> tree impacts
> drainage (public and private)
> impacts to private property improvements
> pedestrian street crossings
> variations in right of way width
> enhancing safety and convenience for pedestrians and bicyclists
> street cross section (sidewalk type, bicycle
accommodation, planting, parking, travel lanes, etc.)
> public acceptance
The alternatives will be presented on exhibits using aerial map background. Typical cross-sections at key locations will be
included. At the conclusion of the alternative analysis, a written memo summarizing the alternatives and associated costs
together with a recommendation will be provided in addition to the conceptual drawings to document the work effort.
Assumptions:
• Topographic survey for the optional segment
(Cherry Blossom Lane to Short Road) is not
included. It is possible that the Town’s currently
available topographic mapping may be sufficient for
the traffic calming work. If supplemental surveys are
needed, the survey scope can be amended once the
limits of additional surveys are determined.
Deliverables:
• AutoCAD Civil 3D file with survey points and
Digital Terrain Model
• AutoCAD file with existing right of way
information
• Plats and Legal descriptions for acquisitions
(OPTIONAL)
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SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 3
Deliverables:
• Exhibits using material prepared under other tasks
• Attendance at coordination meetings (3)
Assumptions:
• Preparation of graphic renderings are not included.
Deliverables:
• Exhibits using material prepared under other tasks
• Attendance at coordination meetings (3)
Assumptions:
• Preparation of graphic renderings are not included.
4 COMMUNITY OUTREACH
• Exhibits for the proposed alternatives will be prepared under Task 3 above. Under this task, consultant will minor
adjustments to format the exhibits for public presentations.
• The consultant project manager will attend up to three (3) additional meetings with private property owners or other
project stakeholders at the request of the Town’s project manager.
5 UTILITY COORDINATION
• Identify potential utility conflicts, and if possible, identify design modifications to avoid utility conflicts.
• Where conflicts are unavoidable, identify utility relocation needs and coordinate with utility companies to complete
relocations.
• For each utility conflict, prepare conflict maps identifying the location of the conflicts, and coordinate with utility
purveyors to prepare conflict resolution plans.
• Review the conflict maps and confirm that they will resolve the conflict.
• Prepare Notice to Owner (NTO) to utility companies to begin physical relocation of utilities. Town staff will perform
field inspection to ensure that the relocation work is performed in conformance with the approved conflict resolution
plans.
• Assist the Town in preparation of a pothole exhibit. The Town will hire a pothole contractor to identify utility
locations and depths along the proposed storm drain alignment. Survey pothole locations and add information to
design drawings.
6 FINAL DESIGN
Prepare Plans, Specifications and Estimate in conformance with the 2010 Caltrans Standard Plans and Specifications,
supplemented by Town specific flatwork, signing, striping, and tree planting details.
6.1 65% PS&E
• Plans – Plans will be prepared on 24”x36” size pages on the Town’s title block. All major design issues and solutions
will be represented in the plans. The plans will show the existing conditions, the proposed improvements, and associated
details, standards, and notes. The following types of plans are expected to be included in the plan set:
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 4
Deliverables:
• 65% Plans (PDF)
• 65% Technical Specifications
(MS Word, PDF)
• 65% Cost Estimate
(MS Excel, PDF)
Assumptions:
• Town will prepare front-end specifications.
• Town will provide sheet border, and CAD drafting standards if
available.
• Town will be responsible for environmental clearance, right of way
certification, and E-76 authorization coordination.
• Landscaping and irrigation design is not included in the scope of work.
• The optional segment (Cherry Blossom Lane to Short Road) is not
included.
Deliverables:
• Comment Response Matrix
• 100% Plans (PDF)
• 100% Technical Specifications
(MS Word, PDF)
• 100% Cost Estimate
(MS Excel, PDF)
Assumptions:
• Town will provide a compiled set of comments after resolving
inconsistencies between various reviewers.
> Title Sheet (1 sheet)
> Notes, Legend, and Abbreviations (1 sheet)
> Existing Conditions Plan (1”=20’ scale, 3 sheets)
> Demolition Plan (1”=20’ scale, 3 sheets)
> Improvement Plans (1”=20’ scale, 3 sheets)
> Signing and Striping Plans (1”=20’ scale, 3 sheets)
> Construction Details (6 sheets)
> Standard Details (2 sheets)
> Best Management Practices (1 sheet)
> Total (23 sheets)
• Technical Specifications – Prepare draft technical specifications using the Town of Los Gatos specification format and
content. Supplement technical specifications as needed with Caltrans standards for project work not already covered by the
Town’s standard specifications. Prepare bid tabulation and detailed measurement and payment section. The bid tabulation
and the units of measurement shall be consistent with the cost estimate.
• Estimate – Prepare estimate of probable cost based on items and quantities of work shown on the plans. Unit prices will
be based on the magnitude of the quantities and recently awarded local projects and engineer’s judgment.
6.2 100% PS&E
• Comment Review – Review Town’s comments on the 65% submittal and provide responses in a matrix format. Identify
comments that consultant disagrees with, need further clarification on, or may result in change in scope for discussion with
the Town’s project manager.
• Update Plans, Specifications, and Estimate of Probable Cost – Prepare 100% construction documents by refining
the 65% design documents based on comments received after the Town’s review of the 65% construction documents. The
100% plans, technical specifications, and estimate of probable cost shall be submitted together.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 5
Deliverables:
• Comment Response Matrix
• Final Plans (PDF)
• Final Technical Specifications
(MS Word, PDF)
• Final Cost Estimate
(MS Excel, PDF)
Assumptions:
• Town will provide a compiled set of comments after resolving
inconsistencies between various reviewers.
• It is assumed that if Town decides to split the project in two, the same
plan set will be used and non-applicable work items will be crossed
out from the plans. This scope does not include preparing stand-
alone plan sets for two separate bid packages.
Deliverables:
• Responses to RFIs
Assumptions:
• The project will be constructed in a single construction package.
Deliverables:
• Responses to RFIs
• Reviewed shop drawings
• Change order plans
• As-built plans
Assumptions:
• This task will be performed on a time-and-material basis.
6.3 Final PS&E
• Bid Set – Address miscellaneous Town comments on the 100% submittal and prepare a bid-ready set of plans, technical
specifications, and cost estimate.
7 BID SUPPORT
• Support the Town through the bid process and construction contract award.
• Respond to questions or requests for clarifications during the bid phase.
• Attend a pre-bid meeting.
• Assist the Town establish the lowest responsible bidder.
• Provide value engineering services as needed if bids are above the construction budget.
8 CONSTRUCTION ADMINISTRATION
• Provide construction support services. Tasks may include attending pre-construction and other field meetings, reviewing
submittals, responding to requests for information, providing field check services, preparing design modifications if
necessary due to unforeseen conditions, prepare as-built documents, and project closeout.
• Consultant shall conduct site visits during construction at appropriate stages. Consultant shall provide submittal list,
respond to requests for information (RFI), review shop drawings, and prepare change orders, and provide written
recommendations to the Town. Consultant shall participate in the final walk-through and assist with preparing the punch
list of deficiencies.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
SCOPE OF SERVICE
| ActiveWayz Engineering Shannon Road Pedestrian and Bikeway Improvements 6
9 SUPPLEMENTARY SERVICES
• Work under this task item shall include other supplemental services as related to right-of-way, utility relocation,
additional meetings, and other design elements not already outlined or specified under other task items. Any work
under this task will first need to be requested or approved by the Town and as authorized by Town staff.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
ActiveWayz Engineering
Fee Estimate
4/6/2021
Project ManagerProject EngineerDesign EngineerEngineering TechnicianTotalTasks $198 $168 $124 $60
1. Project Management 54 ———54 $10,692 —$10,692 —$10,692
Project Management & Coordination 16 ———16 $3,168 —$3,168 —$3,168
Project Schedule 4 ———4 $792 —$792 —$792
Kick-Off Meeting 2 ———2 $396 —$396 —$396
Project Coordination Meeting 16 ———16 $3,168 —$3,168 —$3,168
Ourteach Meetings (4)16 ———16 $3,168 —$3,168 —$3,168
2. Topographic Survey ————————$18,500 $18,500
Field Topographic Survey & R/W Mapping ————————$18,500 $18,500
3. Data Collection and Alternative Analysis 32 —52 66 150 $16,744 —$16,744 —$16,744
Site Assessment 4 —4 —8 $1,288 —$1,288 —$1,288
Project Background Information ——8 8 16 $1,472 —$1,472 —$1,472
Base Map Preparation 2 —8 8 18 $1,868 —$1,868 —$1,868
Alternatives Analysis 26 —32 50 108 $12,116 —$12,116 —$12,116
4. Community Outreach 16 —16 40 72 $7,552 —$7,552 —$7,552
Prepare Exhibits 8 —16 40 64 $5,968 —$5,968 —$5,968
Attend Meetings (up to 4 additional)8 ———8 $1,584 —$1,584 —$1,584
5. Utility Coordination 16 —24 —40 $6,144 —$6,144 —$6,144
Utility Coordination 16 —24 —40 $6,144 —$6,144 —$6,144
6. Final Design 81 111 86 189 467 $56,689 —$56,689 —$56,689
65% PS&E 60 82 64 140 346 $41,992 —$41,992 —$41,992
100% PS&E 15 21 16 35 87 $10,498 —$10,498 —$10,498
Final PS&E 6 8 6 14 35 $4,199 —$4,199 —$4,199
7. Bid Support 4 4 ——8 $1,464 —$1,464 —$1,464
Pre-bid meeting 2 ———2 $396 —$396 —$396
Bid Support 2 4 ———$1,068 —$1,068 —$1,068
——————————
8. Construction Administration 9 8 —12 29 $3,846 —$3,846 —$3,846
Meetings 3 ———3 $594 —$594 —$594
Shop Drawing Reviews 2 4 ——6 $1,068 —$1,068 —$1,068
RFIs 2 4 ——6 $1,068 —$1,068 —$1,068
As-builts 2 ——12 —$1,116 —$1,116 —$1,116
9. Supplementary Services ——————$5,000 $5,000 —$5,000
Supplementary Services ——————$5,000 $5,000 —$5,000
Total 212 123 178 307 820 $103,131 $5,000 $108,131 $18,500 $126,631
TOWN OF LOS GATOS
SHANNON ROAD PEDESTRIAN AND BIKEWAY IMPROVEMENTS (CIP No. 813-0218)Grand TotalActiveWayz Engineering PLS Surveys
TotalFeeHours TotalFeeDirectExpensesSubtotalFeeACTIVEWAYZ COST PROPOSAL - Shannon Road.xlsx
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
ID Task Name Duration Start Finish Predecessors1Notice to Proceed0 daysMon 5/17/21Mon 5/17/212Task 1: Project Management49 daysFri 5/21/21Mon 8/2/213Kick‐Off Meeting0 daysFri 5/21/21Fri 5/21/211FS+5 days4Community Outreach Mtg #10 daysFri 6/11/21Fri 6/11/2115SS+5 days5Community Outreach Mtg #20 daysFri 7/16/21Fri 7/16/2117SS+5 days6Complete Streets & Transportation Commission Mtg #10 daysFri 6/25/21Fri 6/25/214FS+10 days7Complete Streets & Transportation Commission Mtg #20 daysMon 8/2/21Mon 8/2/215FS+10 days8Task 2: Topographic Survey10 daysMon 5/17/21Fri 5/28/219Topographic Surveys10 daysMon 5/17/21Fri 5/28/21110Task 3: Data Collection and Alternative Analysis59 daysMon 5/17/21Mon 8/9/2111Project Background Research and As‐Built collection10 daysMon 5/17/21Fri 5/28/21112Site Assessment1 dayTue 6/1/21Tue 6/1/219,1113Base Map Preparation3 daysWed 6/2/21Fri 6/4/2112,11,914Alternative Analysis45 daysMon 6/7/21Mon 8/9/2115Develop Draft Alternatives20 daysMon 6/7/21Fri 7/2/211316Town Review of Draft Alternatives5 daysMon 7/5/21Fri 7/9/211517Refine Alternatives20 daysMon 7/12/21Mon 8/9/211618Select Preferred Alternative0 daysMon 8/9/21Mon 8/9/211719Task 4: Community Outreach45 daysFri 5/28/21Mon 8/2/2120Prepare Exhibits45 daysFri 5/28/21Mon 8/2/214SS‐10 days21Task 5: Utility Coordination60 daysMon 7/19/21Wed 10/13/2122Utility Coordination60 daysMon 7/19/21Wed 10/13/211823Task 6: Final Design83 daysTue 8/10/21Wed 12/8/212465% PS&E40 daysTue 8/10/21Tue 10/5/2125Prepare Plans25 daysTue 8/10/21Tue 9/14/211826Prepare Estimate2 daysWed 9/15/21Thu 9/16/212527Prepare Specifications3 daysFri 9/17/21Tue 9/21/212628Complete 65% PS&E0 daysTue 9/21/21Tue 9/21/212729Town Review10 daysWed 9/22/21Tue 10/5/212830100% PS&E28 daysWed 10/6/21Tue 11/16/211231Respond to 65% Comments3 daysWed 10/6/21Fri 10/8/212932Update PS&E Package20 daysTue 10/12/21Mon 11/8/213133Complete 100% PS&E0 daysMon 11/8/21Mon 11/8/213234Town Review5 daysTue 11/9/21Tue 11/16/213335Final PS&E15 daysWed 11/17/21Wed 12/8/2136Update PS&E15 daysWed 11/17/21Wed 12/8/213437Complete Final PS&E0 daysWed 12/8/21Wed 12/8/213638Task 7: Bid Support Assistance50 daysThu 12/9/21Thu 2/17/2239Bidding and Award50 daysThu 12/9/21Thu 2/17/2237,2240Task 8: Construction Support60 daysFri 2/18/22Fri 5/13/2241Construction Support60 daysFri 2/18/22Fri 5/13/22395/175/216/117/166/258/28/99/2111/812/84/114/184/255/25/95/165/235/306/66/136/206/277/47/117/187/258/18/88/158/228/299/59/129/199/2610/310/1010/1710/2410/3111/711/1411/2111/2812/512/1212/1912/261/21/91/161/231/302/62/132/202/273/63/133/203/274/34/104/174/245/15/85/155/2MayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayTaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressTown of Los GatosProject Schedule forSHANNON ROAD PEDESTRIAN AND BIKEWAY IMPROVEMENTS PROJECTPage 1Project: P2020-040 ScheduleDate: Wed 4/28/21DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
ACTIVEWAYZ’ RESPONSES TO CLARIFICATION QUESTIONS ON THE
PROJECT SCOPE
04/06/2021
1. Overview: Confirm the physical limits included in both the Alternatives Analysis and Final Design scope of work items.
RESPONSE: The proposal covers the CIP No. 813-0218 project limits (Los Gatos to Cherry Blossom).
2. Topographic Survey: The scope indicates the right of way will be
determined from "a combination of record data and any monuments." What do you propose for areas where no record data is available?
RESPONSE: In our experience, roadways and private lands have always been defined by deeds and maps. We cannot think of a time we've come across such an issue where nothing is defined. If, in fact, there is no record data, the situation
will require negotiation between the City and the adjacent private property owner
to define the right of way. Such work may involve legal action and is beyond the scope of our work.
3. Timing vs Cost vs Safety: One item not explicitly addressed in the proposal is the question of which side of the street is improved first and why. We
expect the tradeoffs between cost, timing, and safety will all be in play as we struggle with federal grant and PG&E relocation timing issues. How do you propose to address this?
RESPONSE: It’s too early to say whether bifurcation is needed. My suggestion is to develop the plans to the 65% design level and decide if we need to split the
project. There could be several options to consider, including:
• The use of add-alternate bid items;
• Segmented construction (both sides for a few blocks);
• Low-cost interim improvements
Rest assured that we will propose an optimal implementation strategy that balances the various considerations. If the project needs to be phased, we propose preparing one set of plans and cross-out/hide improvements that are not
part of the construction package. We used this approach on a recent project
that’s about to start construction. This approach can be accommodated within the budget we proposed.
4. Trees: How have you addressed tree impacts in the past?
RESPONSE: Trees should be dealt with in close coordination with the Town
arborist. Possible options include:
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
Tree removal – if the tree causing the problem is an ornamental tree, a old/dying tree, or a sick tree, removing it can be an option. Many trees planted along Los Gatos streets for beautification are not appropriate for sidewalk location due to
their shallow roots. As part of the Almond Grove project, many magnolia trees that were lifting sidewalks were removed during the street reconstruction.
Cutting Tree Roots – Cutting roots can result in the death or instability of a tree, so should be attempted with a close supervision of the Town Arborist.
Reinforcing the sidewalk concrete – building a longer section of sidewalk and
reinforcing it with rebar can help counter the force of a growing tree root underneath the sidewalk and hence limit uplift.
Realigning sidewalk – The whole or a portion of the sidewalk can be realigned to be away from the tree roots, and root barriers installed to prevent further root encroachment. This may require reduction of pavement width, and may be
incorporated as part of an overall traffic calming measure.
Also, it’s important to note that not all of the sidewalk width needs to be ADA-compliant. As long as a PAR (pedestrian accessible route) of 4-foot width is provided along the sidewalk, the remaining sidewalk can have slopes that are not consistent with ADA.
5. Storm Water Management: How will you track C.3 treatment requirements for new development as the project proceeds?
RESPONSE: Provision C.3.c of the municipal stormwater permit excludes certain projects from the C.3 treatment requirements. This project will fall under that exception because it meets the requirement “Sidewalks, bicycle lanes and trails
that are not built as part of new roadways or are constructed with permeable
surfaces”. The Town has developed a Green Stormwater Infrastructure Plan in 2019. We will follow the recommendations of that plan to identify and incorporate green infrastructure elements to the extent feasible.
6. Federal Process: What is your experience on federal projects?
RESPONSE: We are very familiar with the federal requirements for projects. We are currently wrapping up two federally-funded projects for the City of South San Francisco. Per the RFP, the Town will be responsible for the E-76 coordination. We will make sure that the specifications include the required federal requirements and forms, and help the Town with the calculation of the DBE
participation goal and completion of the PS&E checklist.
7. Traffic Calming: Will ActiveWayz be able to provide traffic calming measure as part of the project?
RESPONSE: Our project scope is limited to the Shannon Road segment that’s
shown in the Project Limit exhibit attached to the RFP. The scope of the traffic
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
calming element between Cherry Blossom and Short Road is unclear. We can discuss this and incorporate it as part of the project. If the traffic calming work has a separate funding source, it may be beneficial to develop it as a stand-alone
project. There may be an opportunity for Town staff and ActiveWayz to collaborate in the development of the plans for this segment, with Town staff preparing the plans, and ActiveWayz providing technical review support. We can discuss this when we meet.
8. Do you anticipate the need to bifurcate PS&E and construction for northern
and southern side of Shannon due to funding? If bifurcation is needed, is it included in the current proposal?
RESPONSE: See response to Question 3 above.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E
ACTIVEWAYZ ENGINEERING
Shannon Road Pedestrian and Bikeway Improvement Project, Los Gatos, CA
WORK SCOPE
03/08/2023
TASK 1: Bid Support
ActiveWayz Engineering will perform the following tasks:
•Provide clarifications and assistance during the bidding phase to satisfactorily
answer any questions from prospective bidders, if requested by Town. Town to
reproduce and distribute Contract Documents, maintain a plan holder’s list and log
of bidder’s questions and responses.
•Attend Pre-Bid Meeting and Council meeting for construction award. Attend up to
three (3) additional coordination meetings.
•Prepare up to two Addenda to Construction Documents, if needed. Town to reproduce
and distribute all addenda.
•If addenda are issued, prepare a conformed set of documents that incorporated
addenda into the documents.
•Assist Town in evaluating bids.
Deliverables:
1.Written clarifications and response to questions from prospective bidders, if needed
2.Addenda to the Bid Documents, if needed.
3.Conformed construction documents, if needed.
TASK 2: Construction Support
The Town’s construction management team will have primary responsibility for
construction management and inspection. Upon request by Town, ActiveWayz will
perform the following tasks:
•Attend Pre-Construction Meeting and respond to pre- construction meeting
questions.
•Review and approve shop drawings and submittals.
•Review Contractor’s request for information (RFI’s) and furnish additional drawings
and/or specifications for supplementing, clarifying, and/or correcting purposes.
•Attend up to three (3) meetings and site visits when necessary as determined and
requested by Town.
•Attend punch-list walk through meeting.
•Assist Town with the review of construction, and other activities, as requested.
•Prepare, review, and recommend approval of up to two (2) design related change
orders, as requested.
EXHIBIT B, Page 1 of 3
Deliverables:
1.Shop drawing and submittal comments.
2.RFI responses.
3.Site visit memoranda, as required.
4.Drawings and specifications for supplementing, clarifying, and/or correcting the
contract documents and for design related change orders.
5.Change orders, as required.
TASK 3: Record Drawings
ActiveWayz will perform the following tasks:
•At Final Completion of the Project, provide Town with one set of reproducible Record
Drawing that reflects the changes to the work during construction based upon
marked up prints, drawings, and other data furnished by the Contractor, Town, and
Consultants.
•Provide a complete set of the Record Drawings and all X-ref files “bound,” including
other associated fonts, plot style files on AutoCAD, including electronic copies in PDF
format.
Deliverables:
1.Record Drawings using AutoCAD, and one set electronic copy in PDF format.
Page 2 of 3
ActiveWayz Engineering
Fee Estimate
3/8/2023
Project ManagerDesign EngineerEngineering TechnicianTotalProject ManagerDesign EngineerEngineering Technician$220 $136 $109
Tasks $220 $136 $109
1. Bid Support 21 6 14 41 $4,620 $816 $1,526 $6,962
Sub-Task
Pre-bid Meeting 2 ——2 $440 ——$440
Council Meeting 3 ——3 $660 ——$660
Coordination Meetings (3 tot)6 ——6 $1,320 ——$1,320
Prepare Addenda (2 tot)2 4 8 14 $440 $544 $872 $1,856
Prepare Conformed Set 2 2 6 10 $440 $272 $654 $1,366
Evaluate Bids 6 ——6 $1,320 ——$1,320
2. Construction Support 38 36 12 86 $8,360 $4,896 $1,308 $14,564
Sub-Task
Pre-Construction Meeting 2 ——2 $440 ——$440
Coordination Meetings (3 tot)6 ——6 $1,320 ——$1,320
Review Shop Drawings and Submittals 16 16 —32 $3,520 $2,176 —$5,696
Respond to RFIs 4 8 —12 $880 $1,088 —$1,968
Prepare Change Order (2 tot)6 12 12 30 $1,320 $1,632 $1,308 $4,260
Punch-list Walkthrough 4 ——4 $880 ——$880
3. Record Drawings 4 8 16 28 $880 $1,088 $1,744 $3,712
Sub-Task
Prepare Record Drawings 4 8 16 28 $880 $1,088 $1,744 $3,712
Total 63 50 42 155 $13,860 $6,800 $4,578 $25,238
ActiveWayz Engineering
Hours SubtotalFeePage 3 of 3
ActiveWayz_Fee - Shannon Road Construction Support.xlsx
This Page Intentionally Left Blank
From: Helen Sun <sun.haihong@gmail.com>
Sent: Friday, March 31, 2023 9:04 AM
To: Rob Moore <RMoore@losgatosca.gov>; Rob Rennie <RRennie@losgatosca.gov>; Matthew Hudes
<MHudes@losgatosca.gov>; Maria Ristow <MRistow@losgatosca.gov>; Mary Badame
<MBadame@losgatosca.gov>
Cc: Nicolle Burnham <NBurnham@losgatosca.gov>; James Watson <JWatson@losgatosca.gov>
Subject: Re: Shannon Road Project (For the next Town Council Meeting)
[EXTERNAL SENDER]
Dear Town Council Members,
I just realized that the screenshot in my earlier letter did not go through. Here is what I was referring to
on the EXTRA wide buffer right in front of 16680 and 16668. Can you please point to me where else in
town that has this? Is this section of the Shannon Rd considered more dangerous/busier to the
bikers/walkers than the other streets, like Roberts, Fisher Ave, Kennedy, Englewood or any other streets
near schools that do not have a buffer? LG Blvd does not even have a wide buffer or buffer
throughout. We would like to see the justification backing this. Thanks.
Best,
Helen
ATTACHMENT 2
On Tue, Mar 28, 2023 at 8:00 PM Helen Sun <sun.haihong@gmail.com> wrote:
Dear Los Gatos Council Members,
This is Helen, resident on Shannon Road since 2013. We are writing to let
the Town Council know that we agree with everything that our neighbor, Ned
Finkle, said in his email dated March 23rd.
1) First off, we very much support this project to make our street safer for the kids who
walk/bike to and from their schools. However, we really don’t need to go to the extent of
adding the full width of bike lanes, walkways, and even the larger than usual buffers. I
hope you all still agree that Shannon Rd is a neighborhood street and should continue
to be kept that way. Shannon Rd is NOT Winchester or Blossom Hill. While it is
necessary to add the safety elements, there is absolutely NO reason for the town
to OVER expand and OVER spend (whether it is federal or local tax dollars).
2) When designing the street, the design team should have looked at the connecting
streets in the neighborhood, such as Englewood, Roberts and Cherry Blossom, to make
sure the layout is aligned and not vastly different. The 2-block of the Shannon Rd
is NOT busier than the streets below during the school rush hours. So, why should the
2-block on Shannon Rd be so largely different from the others?
*Fields in red font are areas where the elements differ from the Shannon Rd design of the 2-block length.
Buffer Bike Lane Sidewalk Parking Trees
Shannon-Roberts NO In Car Lanes 2 Sides 2 Sides YES
Shannon-Englewood NO NO NO 2 Sides YES
Shannon Beyond the 2 Blocks NO NO 1 Side 2 Sides YES
Shannon-Cherry Blossom NO 2 Sides 2 Sides 1 Side YES
Yes, it is true that none of these streets have buffers. Over the past year and
half, we have reached out to the town engineer numerous times to talk about
the street design and stress that we don’t need the buffers on this street, and
most definitely, not a wider buffer than others. As of today, this is what we are
seeing on the project plan, a whole 6’ width of marked buffer right in front of
our property and 7' outside of 16668. This is even much wider than the
buffers I see on Los Gatos Blvd! Most of the LG Blvd does not even have a
buffer. With all due respect, I don't think anybody reading this would be
pleased to have this implemented right outside of their property.
3) As a community, we have raised our voice about these views/opinions over and
over, but not much has changed. One of the items we feel very strongly about is NO
barriers of any kind. We don’t want barrier on our street. There are no barriers in any
other neighborhood streets in town. Barriers got knocked over and they are extremely
unsightful and they don’t work!
4) We also expressed strongly that we need to add trees on our street as part of
the Shannon Rd project. The current plan will add much more CO2 footprint, take away
the existing trees with no plan to add any more back. This can not be considered
acceptable given the environmental crisis we are in. Adding trees on our street as part
of this project was one of the first few things that the residents asked for. However, that
has been neglected all along as well.
5) Lastly, but not the least, we ask the town council to consider scoping down the
project also because of the budget issue that the town is facing. Everything is getting
even more expensive around here than just a year ago. The actual implementation of
this plan will cost a lot more than the number on the paper. This is NOT a good use for
the tax money for all the reasons that we mentioned above.
We really hope the Town Council members would review the objectives of the
project again and scope down accordingly. While we modernize the town, we
also should continue to keep the same feel and look that we all love and came
here for. Thank you again for your time and consideration, and for continuing
to serve the people in this town.
Best,
Helen
From: Maxine Granadino <itisapigsty@comcast.net>
Sent: Friday, March 24, 2023 3:11 PM
To: Council <Council@losgatosca.gov>
Subject: Shannon Road project
[EXTERNAL SENDER]
Dear Council Members,
We are writing to you regarding the proposal to implement 6ft sidewalks on both sides of
Shannon Road. Our family have lived on Hilow Court just off of Shannon Road for 33 years.
Much of what follows we owe to Ned Finkel, who managed to encompass all the concerns we
have so well that we felt it appropriate to use his words. We would like to add that we
understand that neighbors on Shannon will be required to move trees from their properties,
which is a huge shame for a town that values it’s trees as ours does, as well as for the
homeowners losing that valuable asset.
Thank you for your service to the town in such a demanding role, given how tight and personal
our town is. Most LG’ers care deeply about our town, and that is part of what makes it special.
However, we are writing to express the views of ourselves and the neighbors in the area
affected by the proposal, who are not happy with its implementation.
To be blunt, we feel that the proposal will be visually unattractive (very ugly) and not in keeping
with the town's character. Furthermore, it is not representative of the normal neighborhood
implementations for sidewalks and trees, and it is not environmentally friendly, as zero trees
are included in the proposal. The implementation calls for 6ft sidewalks for a quarter mile on
both sides of the street, while the norm in the town is 5ft. As a result, we will have half a mile of
sidewalks with no trees and no carbon offset to the 187,393 pounds + of CO2 it took to put the
concrete in. The sidewalk with no trees and utility poles sticking out is moved to the near edge
of the property lines on nearly all homes. The bike lane plus padding on both sides has
essentially eliminated all street parking. This, plus the proposed barriers, has residents unified
in opposition to the implementation.
During the Covid-19 pandemic, we had tried to politely present these feelings via just a few
representatives in consideration for the council. However, what was recorded in the notes was
that only a few had problems with the implementation. We followed with a signature list from
nearly all the homes requesting a meeting to express our views. We did have that meeting, and
there was a great amount of sharing of views by the neighbors and listening by the now
departed town engineers. While there were meetings that followed with individual
homeowners, the plan was essentially unchanged. Lots of reasons were given, but my
understanding is that there was no funding to make slight adjustments with the contractor. So,
the plan moved ahead for council vote at “65% completion “and was moved forward on a 3-2
vote. Here we are 1 year later, and the street feels the same about the proposal as we currently
understand it. It is so bad that most fear reduction in property values as a result.
This document was created by an application that isn’t licensed to use novaPDF.
Purchase a license to generate PDF files without this notice.
We all know that the town budget is in poor shape, and we sense that the actual
implementation will cost much more than what the grant provides. We also know thatthe
original grant request letter signed by County Supervisor & former LG Mayor Mike Wasserman
was for a 5ft sidewalk on one side of the street plus a Class 1 bike lane. A much more modest
approach and fiscally conservative. If we are going to make improvements, why not do them
right. I propose the following to gain the support of the neighborhood.
1. Speed humps will get you 70+ percent of your safety improvement, and they are
cheap. Do them now. You have the data from the other part of Shannon, and we can see
the positive effect it has had, reducing the average speed by 10-15 mph and nearly
eliminating the high speeds.
2. Revise to 5ft sidewalks & include trees.
3. Adjust the bike lane to a more modest implementation due to the speed reduction.
How about a 2 ft space next to the road and pass on the 2ft next to the curb as cars will
almost never be there to open a door.
4. Add the 4 ft of space back to the property line buffer and open room for the addition
of trees.
We think that you will save money with the reduction in concrete…1/2 mile times one foot is a
lot of concrete & CO2 savings (~29,440lbs). We also are happy to water the trees until they are
self-sustaining. Also, less direct costs to the homeowners from the repairs of driveways and
fences.
We think all the council members would have a hard time convincing your current neighbors to
happily implement what is proposed for our street. We are being pulled out from the
neighborhood onto LG boulevard visually and don’t even get the trees.
We close with this final ask. Do the right thing and revise this to a more modest and cheaper
version. Do what a neighbor would do for a neighbor. That is the core of why our town has a
durable & charming character & we love it so much.
Thank you for your time and consideration,
Maxine and Francisco Granadino
108 Hilow Ct
This document was created by an application that isn’t licensed to use novaPDF.
Purchase a license to generate PDF files without this notice.
From: Maxine Granadino <itisapigsty@comcast.net>
Sent: Monday, March 27, 2023 9:16 AM
To: Nicolle Burnham <NBurnham@losgatosca.gov>
Subject: Shannon Road project
[EXTERNAL SENDER]
Dear Ms Burnham,
We are writing to you regarding the proposal to implement 6ft sidewalks on both sides of
Shannon Road. Our family have lived on Hilow Court just off of Shannon Road for 33 years.
Much of what follows we owe to Ned Finkel, who managed to encompass all the concerns we
have so well that we felt it appropriate to use his words. We would like to add that we
understand that neighbors on Shannon will be required to move trees from their properties,
which is a huge shame for a town that values it’s trees as ours does, as well as for the
homeowners losing that valuable asset.
Thank you for your service to the town in such a demanding role, given how tight and personal
our town is. Most LG’ers care deeply about our town, and that is part of what makes it special.
However, we are writing to express the views of ourselves and the neighbors in the area
affected by the proposal, who are not happy with its implementation.
To be blunt, we feel that the proposal will be visually unattractive (very ugly) and not in keeping
with the town's character. Furthermore, it is not representative of the normal neighborhood
implementations for sidewalks and trees, and it is not environmentally friendly, as zero trees
are included in the proposal. The implementation calls for 6ft sidewalks for a quarter mile on
both sides of the street, while the norm in the town is 5ft. As a result, we will have half a mile of
sidewalks with no trees and no carbon offset to the 187,393 pounds + of CO2 it took to put the
concrete in. The sidewalk with no trees and utility poles sticking out is moved to the near edge
of the property lines on nearly all homes. The bike lane plus padding on both sides has
essentially eliminated all street parking. This, plus the proposed barriers, has residents unified
in opposition to the implementation.
During the Covid-19 pandemic, we had tried to politely present these feelings via just a few
representatives in consideration for the council. However, what was recorded in the notes was
that only a few had problems with the implementation. We followed with a signature list from
nearly all the homes requesting a meeting to express our views. We did have that meeting, and
there was a great amount of sharing of views by the neighbors and listening by the now
departed town engineers. While there were meetings that followed with individual
homeowners, the plan was essentially unchanged. Lots of reasons were given, but my
understanding is that there was no funding to make slight adjustments with the contractor. So,
the plan moved ahead for council vote at “65% completion “and was moved forward on a 3-2
vote. Here we are 1 year later, and the street feels the same about the proposal as we currently
understand it. It is so bad that most fear reduction in property values as a result.
This document was created by an application that isn’t licensed to use novaPDF.
Purchase a license to generate PDF files without this notice.
We all know that the town budget is in poor shape, and we sense that the actual
implementation will cost much more than what the grant provides. We also know thatthe
original grant request letter signed by County Supervisor & former LG Mayor Mike Wasserman
was for a 5ft sidewalk on one side of the street plus a Class 1 bike lane. A much more modest
approach and fiscally conservative. If we are going to make improvements, why not do them
right. I propose the following to gain the support of the neighborhood.
1. Speed humps will get you 70+ percent of your safety improvement, and they are
cheap. Do them now. You have the data from the other part of Shannon, and we can see
the positive effect it has had, reducing the average speed by 10-15 mph and nearly
eliminating the high speeds.
2. Revise to 5ft sidewalks & include trees.
3. Adjust the bike lane to a more modest implementation due to the speed reduction.
How about a 2 ft space next to the road and pass on the 2ft next to the curb as cars will
almost never be there to open a door.
4. Add the 4 ft of space back to the property line buffer and open room for the addition
of trees.
We think that you will save money with the reduction in concrete…1/2 mile times one foot is a
lot of concrete & CO2 savings (~29,440lbs). We also are happy to water the trees until they are
self-sustaining. Also, less direct costs to the homeowners from the repairs of driveways and
fences.
We think anyone would have a hard time convincing your current neighbors to happily
implement what is proposed for our street. We are being pulled out from the neighborhood
onto LG boulevard visually and don’t even get the trees.
We close with this final ask. Do the right thing and revise this to a more modest and cheaper
version. Do what a neighbor would do for a neighbor. That is the core of why our town has a
durable & charming character & we love it so much.
Thank you for your time and consideration,
Maxine and Francisco Granadino
108 Hilow Ct
This document was created by an application that isn’t licensed to use novaPDF.
Purchase a license to generate PDF files without this notice.
From:Laurel Prevetti
To:Mary Badame
Cc:Nicolle Burnham
Subject:FW: Proposed Shannon Rd Bicycle lane Project
Date:Tuesday, March 7, 2023 11:00:04 AM
From: kalpana sheth <>
Sent: Tuesday, March 7, 2023 9:32:00 AM
To: Mary Badame <MBadame@losgatosca.gov>
Subject: Proposed Shannon Rd Bicycle lane Project
Dear Mary,
I voted for you as I resonated with your message of keeping the charm of Los Gatos while atthe same time
addressing the issues that face our community. In this email I want to address a project that the town council is
considering on our street - Shannon Rd.
I am a resident of Shannon Rd and want to reach out to you about the proposed bike lane project on this
neighborhood street that the majority of the residents are opposed to. Not because we don't want the bike lane
and the pedestrian lane , but we absolutely dont want those awful industrial style green ballards to disrupt this
beautiful neighborhood.
I've been walking Shannon Rd. for years at different times of the day and I can honestly say that I have never seen
a single bike on this road!! Has anyone done a survey or a put up cameras to see how many bicycles actually go
up and down this road? You will find on any given day - probably none!!
To make an industrial style bike lane that will cost the LG city over $2 million for bicycles that won't even be using
this road is fiscally irresponsible, bad political decision, and worst of all takes away from a beautiful tree lined
street with homes and homeowners who value the community aspect of their street.
To be clear as a walker on Shannon Rd. I do want a pedestrian walkway, the same can also be used for the
occasional bicyclist who rides on this street. But to spend so much money, time, and energy on a fancy bike lane
for bicyclists that don't use this road and that none of the residents on Shannon Rd want is beyond ridiculous and
sheds light on how a small number of overzealous bicycle enthusiasts can ruin the beauty of a serene
neighborhood.
Thanks for reading this input.
Kalpana Sheth
From:Laurel Prevetti
To:Nicolle Burnham
Subject:FW: Shannon Road
Date:Monday, March 13, 2023 4:47:00 PM
For inclusion as public comment, thank you
From: Cheri Finalle < >
Sent: Monday, March 13, 2023 2:15:14 PM
To: Mary Badame <MBadame@losgatosca.gov>; Matthew Hudes <MHudes@losgatosca.gov>
Subject: Shannon Road
Dear Counclemembers Badame & Hudes,
On March 21st the Shannon Road Improvement Plan will come before you again. Please
send this project back to staff to be reduced - it continues to cost too much and not include
any significant planting spaces. It does not meet the town's own street design guidelines.
Where parking was eliminated - buffers increased in size. This continues to be a sea of
pavement & asphalt. Do not move this forward until we have a plan that respects the
environment and neighborhood feel. Please do NOT approve this plan and send it back to
staff for a reduction in impermeable surfaces and additional planting space added.
Respectfully,
Cheri Finalle Binkley
From:Laurel Prevetti
To:Rob Moore
Cc:Nicolle Burnham
Subject:RE: Shannon Road Improvements
Date:Tuesday, March 14, 2023 5:45:15 PM
From: Cheri Finalle <> Sent: Friday, March 10, 2023 11:35 AM To: Rob Moore <RMoore@losgatosca.gov> Subject: Shannon Road Improvements
Dear Councilmember Rob Moore,
On March 21st you will be voting on the final Shannon Road Improvement Plan. I am writing this to humbly urge
you to send it back to staff to be reduced; with less impermeable surfaces and more planting space. The plan will
create a sea of pavement & asphalt. It will cost too much financially and environmentally with the loss of green/
plant space. Undoubtedly, you will be told that there is not enough time to do this - as is the case every time this
comes up to council however the deadlines are long past due to to other delays. Staff has been told to work with
residents all while moving forward with approvals. However, the ideas that even council members suggest are
apparently not feasible even in the future including making the buffers into green space, adding more bulb outs for
trees, ect. Our residential road is about to become a huge over developed runway. I am so upset that the original
plans (on the Master Plan) of a class 1 bike lane (similar to the Los Gatos Creek Trail) were abandoned without
community input. I have been actively engaged throughout the process and have been disappointed to see how
unclear deadlines cause rushed decisions. The community here does want a safe road - we just want it done in a
way that respects the environment and neighborhood feel. Please do NOT approve this plan and send it back to
staff for a reduction in impermeable surfaces and additional planting space added.
Respectfully,
Cheri Finalle Binkley
From: Cheri Finalle <>
Sent: Wednesday, March 15, 2023 12:54:33 PM
To: Maria Ristow <MRistow@losgatosca.gov>
Subject: Shannon Road
[EXTERNAL SENDER]
Dear Mayor Ristrow,
April 4th, the Shannon Road project will again come to you for a vote. You and I spent much time
brainstorming ideas with staff at the meetings and discussing safe green roads in other
communities. Parking was removed in sections as we discussed but instead of getting large planters
for trees we got even larger buffers and more asphalt - still not space for trees. This project
continues to be a major concern to me because it changes our residential road into something that
will look like an airport runway. It will be a sea of pavement & asphalt. I am pro walking/biking but
I am also pro environment. The current street design has buffers which cannot be made into green
space. Furthermore, this road does not meet the town's own standards. There has been much staff
turnover since this project started. Please have the new staff spend more time on this to get it
right. Please send this back to staff for more permeable surfaces and more green space/trees.
Please do not prematurely rush this through just to get something done - spend the time to get this
right.
Respectfully,
Cheri Finalle Binkley
From:Sridevi Sheth
To:Rob Moore; Rob Rennie; Matthew Hudes; Mary Badame; Maria Ristow; Nicolle Burnham; James Watson
Subject:Shannon Rd pedestrian/bikeway project proposal
Date:Monday, March 27, 2023 8:55:40 AM
[EXTERNAL SENDER]
Hi Los Gatos Town Council Members,
From: Sri Sheth of 16090 Shannon Road
My neighbor Ned did a fantastic job below sharing the resident's (on Shannon Road) concernson the pedestrian / bikeway project and I wanted to add my thoughts as well.
I've lived in Los Gatos for ten years and recently moved to Shannon road during the pandemic.
I remember hopping on the zoom council meetings to share our concern for theproposed project. Los Gatos has always been an extremely charming town and that's due to the
extreme efforts of the council and the community to keep it full of trees, visually charmingand not industrial.
This proposed plan turns our humble town into a common city which is not what Los Gatos is
about. It's also concerning to see so many residents raise concern over a project and have thecouncil move forward with the plan anyways without any changes that the resident's have
requested/proposed.
We're all for improving our neighborhood for the better! But the current plan does notachieve this at all. This is why Ned's suggestions below should be highly considered.
1. Speed humps will get you 70+ percent of your safety improvement, and they are
cheap. Do them now. You have the data from the other part of Shannon, and we can see
the positive effect it has had, reducing the average speed by 10-15 mph and nearly
eliminating the high speeds.
2. Revise to 5ft sidewalks (which was on the original grant request letter signed by
County Supervisor & former LG Mayor Mike Wasserman was for a 5ft sidewalk on oneside of the street) & include trees.
3. Adjust the bike lane to a more modest implementation due to the speed reduction.
How about a 2 ft space next to the road and pass on the 2ft next to the curb as cars will
almost never be there to open a door.4. Add the 4 ft of space back to the property line buffer and open room for the
addition of trees.
I live on the side of Shannon with the speed humps and was already living on this road when
they were being added. I've seen the increase of safety and the reduction of speed firsthand infront of my house and can confirm that this addition is highly beneficial to our community.
We need to move forward with things that work, are cost efficient and are supported by the
community and not a plan that is intrusive of its residents and over budget, just so that we canspend money!
I appreciate your time! Looking forward to hearing your thoughts and seeing you all at the
public hearing on April 18.
Thanks,
Sri Sheth
On Thu, Mar 23, 2023 at 5:44 PM Ned Finkle <> wrote:
To: Los Gatos Town Council Members
bcc: Friends and Neighbors
From: Ned Finkle of 16608 Shannon Road
Dear Council Members,
I am writing to you regarding the proposal to implement 6ft sidewalks on both sides ofShannon Road. Some of you may already know me, as I have lived in the town for 50 yearssince my father moved here. I have lived on and off Shannon Road for nearly all those years,
and my father still resides in his house off Shannon. Therefore, I know the road well, and I
have raised my family here, with my three children growing up on this road.
Firstly, I want to thank you for your service to the town in such a demanding role, given how
tight and personal our town is. Most LG’ers care deeply about our town, and that is part ofwhat makes it special. However, I am writing to express the views of myself and theneighbors in the area affected by the proposal, who are not happy with its implementation.
To be blunt, we feel that the proposal will be visually unattractive (very ugly) and not inkeeping with the town's character. Furthermore, it is not representative of the normal
neighborhood implementations for sidewalks and trees, and it is not environmentallyfriendly, as zero trees are included in the proposal. The implementation calls for 6ftsidewalks for a quarter mile on both sides of the street, while the norm in the town is 5ft. Asa result, we will have half a mile of sidewalks with no trees and no carbon offset to the187,393 pounds + of CO2 it took to put the concrete in. The sidewalk with no trees andutility poles sticking out is moved to the near edge of the property lines on nearly all homes.The bike lane plus padding on both sides has essentially eliminated all street parking. This,plus the proposed barriers, has residents unified in opposition to the implementation.
During the Covid-19 pandemic, we had tried to politely present these feelings via just a fewrepresentatives in consideration for the council. However, what was recorded in the notes
was that only a few had problems with the implementation. We followed with a signaturelist from nearly all the homes requesting a meeting to express our views. We did have thatmeeting, and there was a great amount of sharing of views by the neighbors and listening bythe now departed town engineers. While there were meetings that followed with individual
homeowners, the plan was essentially unchanged. Lots of reasons were given, but myunderstanding is that there was no funding to make slight adjustments with the contractor.So, the plan moved ahead for council vote at “65% completion “and was moved forward ona 3-2 vote. Here we are 1 year later, and the street feels the same about the proposal as we
currently understand it. It is so bad that most fear reduction in property values as a result.
We all know that the town budget is in poor shape, and we sense that the actual
implementation will cost much more than what the grant provides. We also know that theoriginal grant request letter signed by County Supervisor & former LG Mayor MikeWasserman was for a 5ft sidewalk on one side of the street plus a Class 1 bike lane. A muchmore modest approach and fiscally conservative. If we are going to make improvements,
why not do them right. I propose the following to gain the support of the neighborhood.
1. Speed humps will get you 70+ percent of your safety improvement, and they are
cheap. Do them now. You have the data from the other part of Shannon, and we can
see the positive effect it has had, reducing the average speed by 10-15 mph andnearly eliminating the high speeds.
2. Revise to 5ft sidewalks & include trees.
3. Adjust the bike lane to a more modest implementation due to the speed
reduction. How about a 2 ft space next to the road and pass on the 2ft next to the curbas cars will almost never be there to open a door.4. Add the 4 ft of space back to the property line buffer and open room for the
addition of trees.
We think that you will save money with the reduction in concrete…1/2 mile times one foot is
a lot of concrete & CO2 savings (~29,440lbs). We also are happy to water the trees until
they are self-sustaining. Also, less direct costs to the homeowners from the repairs ofdriveways and fences.
I think all the council members would have a hard time convincing your current neighbors tohappily implement what is proposed for our street. We are being pulled out from theneighborhood onto LG boulevard visually and don’t even get the trees.
I will close with the final ask. Do the right thing and revise this to a more modest andcheaper version. Do what a neighbor would do for a neighbor. That is the core of why our
town has a durable & charming character & we love it so much.
Thank you for your time and consideration.
Ned Finkle
-- Shannon Road Traffic Calming Program......
--- You received this message because you are subscribed to the Google Groups "Shannon
Road Project" group.To unsubscribe from this group and stop receiving emails from it, send an email to shannon-
road-project+unsubscribe@googlegroups.com.To view this discussion on the web visit https://groups.google.com/d/msgid/shannon-road-
project/CAGHM-ObbVRUejp3xjshMO3K77bdwcns2FJXKxkMhkN%2BR28j1Qg%40mail.gmail.com.
-- Thanks,
Sri Sheth
From:Frank Lawrence
To:James Watson; Mary Badame; Matthew Hudes; Maria Ristow; Nicolle Burnham; Rob Moore; Rob Rennie
Cc:Frank Lawrence
Subject:Shannon Road bike lanes project
Date:Wednesday, March 29, 2023 3:24:21 PM
[EXTERNAL SENDER]
Dear Council & Staff members,
I am a 27-year resident on Shannon Road and write to you in support of the residents who arevery unhappy with the current proposal for a radical bike lane implementation between Cherry
Blossom and Los Gatos Boulevard.A significant majority of the directly impacted residents, i.e. those whose property directly
abuts the current proposal, and many of us who live on Shannon, are strongly opposed to thepresent design, as it will have a very negative impact on the character and feel of the
neighborhood and bring limited benefit, considering the overall transit routes along ShannonRoad and it’s adjoining streets, (e.g. Englewood) which cannot accommodate grandiose
redesign such as that proposed for just two blocks of Shannon Road.
Please refer to the recent communication from Ned Finkle for a more detailed commentary onthe current project.
The implementation of a more modest design for a bike lane, in addition to the planned speed
humps (which have been very effective on the rest of Shannon to Short Road), would be moresympathetic to the character of the neighborhood and Town, deliver improved safety of all
road users, reduce the environmental impact and could be supported and welcomed by theresident's.
The specter of the monstrosity recently inflicted on Winchester Boulevard looms large.
Yours sincerely,
Frank Lawrence
-- Frank
From:Town PPW
To:James Watson
Cc:Nicolle Burnham
Subject:FW: Raised crosswalks on Shannon Road?
Date:Tuesday, April 11, 2023 9:05:18 AM
-----Original Message-----
From: Mary Hammers <>
Sent: Tuesday, April 11, 2023 8:48 AM
To: Town PPW <ppw@losgatosca.gov>
Subject: Raised crosswalks on Shannon Road?
[EXTERNAL SENDER]
Dear PPW Department,
Thank you for the efforts to slow traffic on Shannon Road. It has made a big difference in safety and quality of life
for families like ours who live on Shannon. Unfortunately, cars still run the stop sign at Shannon and Blossom Hill
Park as well as at Shannon and Cherry Blossom, which children and pedestrians use heavily. For this reason, I
wonder if the Town might consider adding raised crosswalks to Shannon Road as we embark on Phase Two of the
Shannon safety improvements? Having watched countless children dart across the street in front of traffic at
Englewood, I think another stop sign and raised crosswalk there could be lifesaving as well.
I recognize plans are already set, but I also know there is always room to make changes and adjust plans to meet
community needs.
Thank you for considering my suggestions and thank you again for the work already completed on Shannon.
Respectfully,
Mary Hammers
Sent from my iPad
From: kalpana sheth <kalpana_sheth@hotmail.com>
Sent: Tuesday, March 7, 2023 9:32:00 AM
To: Mary Badame <MBadame@losgatosca.gov>
Subject: Proposed Shannon Rd Bicycle lane Project
[EXTERNAL SENDER]
Dear Mary,
I voted for you as I resonated with your message of keeping the charm of Los Gatos while at the
same time addressing the issues that face our community.
In this email I want to address a project that the town council is considering on our street -
Shannon Rd.
I am a resident of Shannon Rd and want to reach out to you about the proposed bike lane
project on this neighborhood street that the majority of the residents are opposed to. Not
because we don't want the bike lane and the pedestrian lane , but we absolutely dont want
those awful industrial style green ballards to disrupt this beautiful neighborhood.
I've been walking Shannon Rd. for years at different times of the day and I can honestly say that
I have never seen a single bike on this road!! Has anyone done a survey or a put up cameras to
see how many bicycles actually go up and down this road? You will find on any given day -
probably none!!
To make an industrial style bike lane that will cost the LG city over $2 million for bicycles that
won't even be using this road is fiscally irresponsible, bad political decision, and worst of all
takes away from a beautiful tree lined street with homes and homeowners who value the
community aspect of their street.
To be clear as a walker on Shannon Rd. I do want a pedestrian walkway, the same can also be
used for the occasional bicyclist who rides on this street. But to spend so much money, time,
and energy on a fancy bike lane for bicyclists that don't use this road and that none of the
residents on Shannon Rd want is beyond ridiculous and sheds light on how a small number of
overzealous bicycle enthusiasts can ruin the beauty of a serene neighborhood.
Thanks for reading this input.
Kalpana Sheth
From: Three Greenthumbs <3greenthumbs@gmail.com>
Sent: Saturday, March 4, 2023 4:30 PM
To: Nicolle Burnham <NBurnham@losgatosca.gov>
Subject: Re: Town council date for Shannon Rd pedestrian/bikeway project update
[EXTERNAL SENDER]
Hi Nicolle,
Thanks for responding on a Saturday. Will keep my fingers crossed. I can't imagine the town council authorizing this overkill project due to the huge town deficit we are experiencing. All we need is a simple 5 ft sidewalk and
4-foot bike line which can built in the current shoulder.
Thanks, Sheila
From: Cheri Finalle <cfinalle@gmail.com>
Sent: Thursday, March 16, 2023 1:34 PM
To: James Watson <JWatson@losgatosca.gov>; Peter Binkley <peterbinkley@yahoo.com>
Subject: Shannon Road
[EXTERNAL SENDER]
James,
Hi! I wanted to reach out to see if there was a final design plan for Shannon Road as it is slated for
another vote April 4th with the town council. I am a resident of Shannon Road and would like to have
proper time to review it prior to the meeting for discussion.
Thank you, Cheri Finalle Binkley
From: Cheri Finalle <cfinalle@gmail.com>
Sent: Thursday, March 16, 2023 1:34 PM
To: James Watson <JWatson@losgatosca.gov>; Peter Binkley <peterbinkley@yahoo.com>
Subject: Shannon Road
[EXTERNAL SENDER]
James,
Hi! I wanted to reach out to see if there was a final design plan for Shannon Road as it is slated for
another vote April 4th with the town council. I am a resident of Shannon Road and would like to have
proper time to review it prior to the meeting for discussion.
Thank you, Cheri Finalle Binkley
From: Three Greenthumbs <3greenthumbs@gmail.com>
Sent: Wednesday, April 12, 2023 3:14 PM
To: Matthew Hudes <MHudes@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>; Rob
Rennie <RRennie@losgatosca.gov>; Rob Moore <RMoore@losgatosca.gov>; Maria Ristow
<MRistow@losgatosca.gov>
Cc: Nicolle Burnham <NBurnham@losgatosca.gov>; James Watson <JWatson@losgatosca.gov>
Subject: Shannon Pedestrian and Bikeway Improvement Project
[EXTERNAL SENDER] To: Los Gatos Town Council Members From: Sheila Bony 16675 Shannon Road
Dear Council Members, I have been a Los Gatos resident for 32 years and a Shannon Road resident for 7 years. I love our beautiful historical town, the soaring mountains, and our charming community.
We urge you to send the Shannon Road Pedestrian and Bikeway Improvement project back to the engineering department to scale back this excessive design plan. This project is overkill and the costs are out of control.
We absolutely want a sidewalk and a simple bike line on our street for pedestrian and bike safety. All we need is a simple 5-foot sidewalk and a 3-foot bike line. These two elements can be built on the existing wide shoulder on the street. Telephone poles would not need to be moved. The plants/trees/greenery/driveways/walkways in front of
residents' homes will not need to be ripped out. Concrete costs will be lower. The
project will be completed sooner, etc. Image the cost savings for the town! Also, plants
and trees beautify our neighborhood so why is the town council ok with the logic of ripping it all out?
Shannon Road is a residential street and sidewalks and bike lanes should conform to a residential street-not the other way around. Class 4 bike lanes do not belong on a residential street. This pedestrian and bikeway plan is stripping our neighborhood of its residential feel. The current plan with excessive concrete, 3 ft buffers, too large sidewalks, and extra-wide bike lanes should be used on a major thoroughfare-not a
residential street. We believe the town engineering department's goal should be to
install a minimally invasive sidewalk and bike lane that will not negatively affect residents' property or the residential feel of the street. We feel the town's Bicycle Advisory Commission is out of touch with the Shannon
resident's recommendations and we ask you, council members, to question their
excessive recommendations. We believe the safety of all residents is important and want our neighborhood to look like....a neighborhood and not a boulevard. The funding for this project is from 2 VTA grants are $940,100 + $174,250 from two
different programs. The town only has to match 10% of the total grant sum to accept the grant which is $107,829.47. The grant totals and the town match $$ is enough to build a simple 5-foot sidewalk on both sides of the street and paint for a 3ft bike lane. The engineering department requesting an additional $1 to $1.2 million dollars for this project is not fiscally responsible. As you know, Los Gatos staff are predicting a $3
million annual budget deficit over the next 5 years. The remaining planned speed humps for Shannon near LG Blvd will help immensely with pedestrian/bike safety. The speed humps and simple 3ft bike line and 5 ft sidewalk is all that we need. Say no to excessive spending.
Thank you, Sheila Bony
From: mark bony <mark_bony@yahoo.com>
Sent: Wednesday, April 12, 2023 9:06 PM
To: Matthew Hudes <MHudes@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>; Rob
Rennie <RRennie@losgatosca.gov>; Rob Moore <RMoore@losgatosca.gov>; Maria Ristow
<MRistow@losgatosca.gov>
Cc: Nicolle Burnham <NBurnham@losgatosca.gov>; James Watson <JWatson@losgatosca.gov>
Subject: Regarding the Shannon Road Pedestrian and Bikeway Improvement
[EXTERNAL SENDER]
Dear Council Members,
I would respectfully request that you reconsider the decision made so far on
the Shannon Road Pedestrian and Bikeway Improvement initiative.
Some helpful contexts:
• Initially three separate “Shannon Road Pedestrian and Bikeway
Improvements” proposals were given by the PPW department to all
residents, including the impacted Shannon neighborhood, to consider.
• Most of us participated in 1-1 meetings with Woo Jae + Suyesh and most
of the impacted residents actively called into several online Zoom meeting
updates. The Shannon neighborhood group also was able to meet face-to-
face with Matt Morley/Suyesh/WooJae to further discuss this in a Q&A
session.
• At first, there were a lot of different opinions among the affected
Shannon residents, but we all got together quickly to agree upon
a unified response in order to make it easier for all concerned.
• The impacted Shannon residents unanimously chose option #1 and
made a few additional requests that were forwarded to the town council
members + the PPW department. We all felt that option #1 was the best compromise between improving pedestrian/biker safety and optimizing the
town's budget while minimizing the impact on the Shannon Road
properties.
• Aside from a few advances on deleting the green bollards and other
minor points, our overall collective feedback on the preferred option
#1 seemed to fall on deaf ears. Despite all our pleas, option #3 was unfortunately approved by the council. Honestly, given the fact that we
received minimal (if any) feedback on all our concerns, it really felt that the
decision to push option #3 had already been pre-determined by a few in
power, ahead of time.
Some pertinent observations:
• Did you know that starting at the Presbyterian Church (16575 Shannon
Rd) and finishing at Ann-Arbor Drive, a perfectly good, working combination
of a sidewalk and bike lane already exists? why not continue the same
sidewalk/bike lane format for the west side of Shannon vs. the extreme,
costly, and unnecessary solution being considered today (option#3)? Doing
so would make the entire length of Shannon Rd consistent, safer, and less
intrusive on the property owner, and probably would limit expenses by a
great deal. It is a win-win.
• Also, I have heard rumors that some claimed that the neighborhood had
conflicting requests and was not unified; hence the PPW key stakeholders
had to make the final recommendation. That could not be further from the
truth. Our Shannon Road group response was succinct and unanimous.
In conclusion:
Our Shannon neighborhood is a vibrant residential and exceptional part of
Los Gatos. We all want safer roads for pedestrians and bikers alike, but we deserve and respectfully request that the council members consider an
alternate, less extreme, and costly proposal in order to better balance the
intent of improving safety while not jeopardizing the serene quality of
our residential neighborhood with over-the-top road/bike lane/sidewalk
changes.
Yes, we need safer pedestrian/biker streets and bike lanes, but do we really need a 3’ buffer in addition to 7-10’ sidewalks? What we need is a simple
(yet effective) 5’ sidewalk and ~3’ bike lane. That’s it.
At the risk of repeating myself, the current Shannon Road Pedestrian and
Bikeway Improvement initiative as currently approved (option #3)
is extreme in its design and fiscally irresponsible.
Thank you for listening, and your consideration to make our town safer
while protecting its unique character and beauty.
Regards,
Mark Bony
16675 Shannon Road
32 yrs. + Los Gatos resident
From: Peter Binkley <peterbinkley@yahoo.com>
Sent: Wednesday, April 12, 2023 2:45 PM
To: Rob Moore <RMoore@losgatosca.gov>; Rob Rennie <RRennie@losgatosca.gov>; Matthew Hudes
<MHudes@losgatosca.gov>; Maria Ristow <MRistow@losgatosca.gov>; Nicolle Burnham
<NBurnham@losgatosca.gov>; James Watson <JWatson@losgatosca.gov>
Subject: Shannon Road Bike and Pedestrian Improvement Project
[EXTERNAL SENDER]
Hello, Below are my comments for the upcoming Town Council meeting with regards to the Shannon Rd. Pedestrian and Bikeway improvement project.
I am a bike commuter and home owner living within the proposed project area. I walk my children to school every day along this stretch of road, and ride my bike to and from work along it as well. I support the construction of a curb/gutter, and of pedestrian/bike paths along Shannon
Rd., but the project as planned excludes a planting strip and/or room for trees and instead incorporates an abundance of asphalt surface that will be marked of as "buffer." I propose these buffers be shrunk and/or removed where possible, in order to make room for planting/beautification (tree planting also offers much needed shade, sequesters CO2, and cools the vicinity).
I find these proposed wide bike lane buffers unsightly and believe they will only serve to discourage me and my family from walking/riding. I would rather drive then walk through an industrial feeling area. Aesthetics count for a lot when considering mode of transport.
The original Connect Los Gatos Master Plan shows a Class 1 Bikeway along this stretch of road, which I think would be a beautiful and well informed approach to remodeling this road. I have been at every community meeting re Shannon Rd traffic calming project and the ped/bike improvement project, and do not feel it was ever adequately addressed why the Class 1 bikeway (as planned by the town!) was rejected
without community discussion. If we can't do a class 1 bikeway as originally proposed, then I would think we could at least attempt to capture the intent of that plan, which is for a beautiful and scenic walk/bike route, incorporating planting strips on either side of the sidewalk. As planned it
will look like an airport tarmac, not at all desirable to the walkers and bikers among us. As a case in point, when the Winchester Rd remodel was complete, I stopped biking to work along that route when I commute to El Camino Hospital LG-solely because it is unsightly. Nowadays I bike to work on the creek trail, which I think is not what the town intended and so was an unintended consequence of overlooking the importance of
aesthetics when designing a roadway. The wide asphalt expanse as drawn is unsightly and will only discourage walking and riding. Please eliminate and/or shrink buffer zones on this plan in favor of planting
some trees and saving space for homeowners to landscape. The buffer only needed between the bike lane and the moving traffic, never between the bike and parked cars or worse yet, between the bike and curb! With a nice wide bike lane, a 2 foot buffer is
more than comfortable as far as safety perception goes, and as we know the little kids
will be up on the sidewalk, not down on the roadway. Thank you for your time and consideration,
Peter Binkley, MD
Emergency Medicine Good Samaritan and El Camino Hospitals Safe Routes To School Volunteer, Blossom Hill Elementary School