Attachment 1 - Third Amendment - Agreement for Consultant Services - ActiveWayz Engineering with ExhibitsPage 1 of 2
Third Amendment to Agreement for Consultant Services ATTACHMENT 1
ActiveWayz Engineering
THIRD AMENDMENT TO AGREEMENT
This THIRD AMENDMENT TO AGREEMENT is dated for identification this 15th day of
August 2023 and amends that certain Second Amendment to Agreement for Consultant Services
dated April 1, 2023, made by and between the Town of Los Gatos, ("Town") and the ActiveWayz
Engineering (“Consultant”) identified as an S Corporation and whose address is 2170 The
Alameda Ste 200, San Jose, CA 95126
RECITALS
A.Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021
(“Agreement”) and a First Amendment for Consultant Services Agreement on March 1,
2022, and a Second Amendment for Consultant Services Agreement on April 1, 2023 for
the Shannon Road Pedestrian and Bikeway improvements Project (CIP No. 813-0218),
copies of which are attached hereto and incorporated by reference as Exhibit A to this
Amendment.
B.Town desires to amend the Agreement to add to the scope of services and for additional
compensation.
AMENDMENT
1.2.1 Scope of Services is amended to read as follows:
Consultant shall provide services as described in that certain Proposal sent to the Town
on July 31, 2023, which is hereby incorporated by reference and attached as Exhibit B.
2.2.6 Compensation is amended to read as follows:
Additional compensation for Consultant’s professional services shall be increased by
$80,224. For a total agreement amount not to exceed $276,933, inclusive of all costs.
Payment shall be based upon Town approval of each task based on Exhibit B.
3.All other items and conditions of the Agreement remain in full force and effect.
Page 2 of 2
Third Amendment to Agreement for Consultant Services ATTACHMENT 1
ActiveWayz Engineering
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: ActiveWayz Engineering:
_______________________________ ______________________________
Laurel Prevetti, Town Manager Admas Zewdie, President
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
s Gatos, California
______________________________ ______________________________
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
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”) identified as an S Corporation and whose address is 2170 The
Alameda Ste 200, San Jose, CA 95126
RECITALS
A.Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021
(“Agreement”) and a First Amendment for Consultant Services Agreement on March 1,
2022 for the Shannon Road Pedestrian and Bikeway improvements Project (CIP No. 813-
0218), copies of which are attached hereto and incorporated by reference as Exhibit A to
this Amendment.
B.Town desires to amend the Agreement to add to the scope of services and for additional
compensation.
AMENDMENT
1.2.1 Scope of Services is amended to read as follows:
Consultant shall provide services as described in that certain Proposal sent to the Town
on March 8, 2023, which is hereby incorporated by referenced and attached as Exhibit B.
2.2.6 Compensation is amended to read as follows:
Additional compensation for Consultant’s professional services shall be increased by
$25,238. For a total agreement amount not to exceed $196,709, inclusive of all costs.
Payment shall be based upon Town approval of each task based on Exhibit B.
3.All other items and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 7C227A2E-1207-4AE5-B0CA-00033926343E
EXHIBIT A
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:
s Gatos, California
______________________________ ______________________________
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: 7C227A2E-1207-4AE5-B0CA-00033926343E
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
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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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
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
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.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
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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.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
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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.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
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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
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
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.
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
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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
2170 The Alameda, Suite 200
San Jose, CA 95126
www.activewayz.engineering
July 31, 2023
Gary Heap, P.E., Town Engineer
Town of Los Gatos, Parks & Public Works
41 Miles Ave, Los Gatos, CA 95030
(408) 399-5773
RE: Shannon Road Pedestrian and Bikeway Improvements Project – Amendment Request #3
Dear Gary,
Thank you for the opportunity to continue supporting the Town of Los Gatos in achieving the complete-
street vision for Shannon Road. The Plans, Specification, and Estimate (PS&E) package for the Shannon
Road Pedestrian and Bikeway Improvements Project was fully completed and ready to bid. This proposal
is for the resign of the corridor based on Town Council direction to staff to accommodate recent
resident requests for modification of the previous design. The proposed concept attempts to maximize
placement of trees and reduce bicycle lane buffers to a minimum. We propose the following scope
items to incorporate the desired changes and prepare contract package for the revised concept.
SCOPE OF SERVICES
Project Management
Communicate regularly with Town of Los Gatos project manager regarding project progress, challenges,
and next action items; Prepare monthly invoices and progress reports; Prepare and maintain project
schedule.
Utility Coordination
Review previously completed Notice to Owner (NTOs); coordinate with utility companies to update
relocation plans if necessary; prepare amendment to previously approved utility and right of way
certification documents in coordination with Caltrans.
Final Design
100% PS&E
Update the project geometric layout based on the Council-approved conceptual cross-sections; redesign
driveways, curb ramps, drainage systems, and update relevant construction details accordingly; update
project specifications and cost estimate.
EXHIBIT B
Final PS&E
Review and respond to Town comments on the 100% PS&E package, update plans, specifications, and
estimate to address Town comments.
OPTIONAL TASK - E-76 Construction Funding Authorizatoin Request
ActiveWayz will prepare construction funding application (E-76 package) to Caltrans Local Assistance.
ActiveWayz will complete and submit the following forms for Caltrans review and approval:
•Exhibit 3a
•Exhibit 9d
•Exhibit 12d
•Exhibit 17-Ex-18
•Exhibit 12f
FTIP reference sheet, approved NEPA document (to be provided by Town), signed and sealed PS&E
package will be included in the funding application package.
Project Budget Summary
The proposed fee for the abovementioned scope is $70,688, excluding the optional task. The table
below summarizes the overall project budget. A detailed breakdown of the proposed fee is included as
Attachment A.
Original Contract $ 126,631
Amendment #1 $ 44,840
Amendment #2 (Construction Support) $ 25,238
Contract Amount After Amendments $ 196,709
Current Amendment Request (Excluding Optional Task) $ 70,688
Contract Amount After Current Amendment $ 267,397
Optional Task $9,536
Contract Amount After Current Amendment (Including Optional Task) $ 276,933
I hope you find the above information helpful as you review our amendment request. Should you have
any questions regarding the above, please contact me at admas@activewayz.engineering or at (408)
219-5678.
Sincerely,
ActiveWayz Engineering, Inc.
Admas Zewdie, P.E.
President
ActiveWayz Engineering
Fee Estimate
7/17/2023
Project ManagerDesign EngineerEngineering TechnicianTotalProject ManagerDesign EngineerEngineering Technician$220 $136 $109
Tasks $220 $136 $109
1. Project Management 24 ——24 $5,280 ——$5,280
Sub-Task
Project Management & Coordination 16 ——16 $3,520 ——$3,520
Project Schedule ————————
Kick-Off Meeting ————————
Project Coordination Meeting 8 ——8 $1,760 ——$1,760
Ourteach Meetings (4)————————
5. Utility Coordination 10 16 —26 $2,200 $2,176 —$4,376
Sub-Task
Utility Coordination 10 16 —26 $2,200 $2,176 —$4,376
————————
————————
————————
6. Final Design 66 342 —408 $14,520 $46,512 —$61,032
Sub-Task
65% PS&E ————————
100% PS&E 52 264 —316 $11,440 $35,904 —$47,344
Update Geometric Layout 10
Prepare Demolition Xref File 8
Prepare Demolition Plan Sheets 12
Typical Cross Sections 8
Profile Design 8 22
Plan and Profile Sheets 28
Curb Ramp and Driveway Design 10 40
Improvement Detail Sheets 40
Drainage System Design 32
Drainage and Utility Xref File 12
Drainage and Utility Plan Sheets 24
Signing and Striping Sheets 16
Quantity Calculation/Cost Estimate 22
Specifications 12
QC Review 12
Final PS&E 12 70 —82 $2,640 $9,520 —$12,160
Comment Review and Responses 3 4
Update Xref Files (Geom, Prof, Demo, Drainage)12
Update Plan Sheets 46
Update Estimate 8
Update Specs 3
QC Review 6
E-76 Support to Town Staff 2 8 10 $440 $1,088 —$1,528
Total 100 358 —458 $22,000 $48,688 —$70,688
Optional Task
E-76 Construction Funding Authorizatoin Request 28 12 16 56 $6,160 $1,632 $1,744 $9,536
TOWN OF LOS GATOS
SHANNON ROAD PEDESTRIAN AND BIKEWAY IMPROVEMENTS (CIP No. 813-0218)
AMENDEMENT #3
ActiveWayz Engineering
Hours TotalFeeShannon Road - Amendment Request_20230717-Breakdown.xlsx
ATTACHMENT A