Staff Report. Third Amendment for ActiveWayz for the Shannon Road Bicycle and Pedestrian Improvement Project
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/15/2023 ITEM NO: 4
DATE: August 4, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute the Third Amendment to the
Consulting Services Agreement with ActiveWayz Engineering for Additional
Engineering Services in an Amount of $80,224, Resulting in a Total Agreement
Amount Not to Exceed $276,933, for the Shannon Road Pedestrian and
Bikeways Improvement Project (CIP No. 813-0218)
RECOMMENDATION:
Authorize the Town Manager to execute the third amendment to the consulting services
agreement with ActiveWayz Engineering for additional engineering services in an amount of
$80,224, resulting in a total agreement amount not to exceed $276,933, for the Shannon Road
Pedestrian and Bikeways Improvement Project (CIP No. 813-0218).
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.
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 2 OF 5 SUBJECT: Third Amendment with ActiveWayz for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: August 4, 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 with ActiveWayz Engineering for additional community outreach efforts
and to develop an additional design option based on the community feedback received.
On April 18, 2023, the Town Council authorized 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. Council further directed that that staff
modify the design to minimize large asphalt buffers, remove parking spaces, add trees
wherever possible; organize a community meeting; and prioritize returning this item to
Council in as much of a timely manner as possible in order to maintain the grant funding.
On June 20, 2023, following input from the community, staff presented the Town Council with a
new alternative option for the Shannon Road design. The Town Council provided direction to
staff to complete the design for Modified Option 1 to reflect community input and the Town
Council direction from the April 18, 2023, meeting.
DISCUSSION:
To modify the plans from the previous final design to the Modified Option 1 alternative,
ActiveWayz needs to:
1. Redesign of the sidewalk, curb, gutter, and residential driveway transitions,
2. Redesign of the drainage improvements,
3. Design of new planter strips,
4. Redesign of the curb ramps and curb extensions,
5. Modifications to the signage and striping, and
6. Redesign of the utility relocations.
The cost of the additional work requires an amendment to the current contract with
ActiveWayz. This amendment also includes costs for ActiveWayz to assist Town staff in
acquiring the Construction Funding Authorization (E-76) from Caltrans for the project which is
a requirement of the project grant funding.
PAGE 3 OF 5 SUBJECT: Third Amendment with ActiveWayz for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: August 4, 2023
DISCUSSION (continued):
This report recommends a third amendment to the agreement with ActiveWayz for additional
engineering services (see Attachment 1).
The following is the updated anticipated schedule for the project, assuming receipt of the E-76
approval:
Milestones Anticipated Timeline
Finalize design of Modified Option 1 October 20, 2023
Informal Coordination with Residents September 2023
Coordinate E-76 with Caltrans October – December 2023
Request Council Authorization to Bid January 16, 2024
Advertise the Project for Bid January 26, 2024
Bids Due February 15, 2024
Council to Accept Lowest Bidder March 5, 2024
Award and Execute Agreement March 15, 2024
Start Construction April 1, 2024
Anticipated Completion August 2024
Upon completion of the design, staff will provide an opportunity for the Shannon Road
residents to meet with staff to discuss specific project impacts to their properties.
CONCLUSION:
Staff recommends the Town Council authorize the Town Manager to execute the third
amendment to the consulting services agreement with ActiveWayz Engineering for additional
engineering services in an amount of $80,224, resulting in a total agreement amount not to
exceed $276,933, for the Shannon Road Pedestrian and Bikeways Improvement Project (CIP No.
813-0218).
COORDINATION:
This project has been coordinated with the Complete Streets and Transportation Commission;
significant public outreach has been conducted; and the preparation of this report has been
coordinated with the Finance Department.
PAGE 4 OF 5 SUBJECT: Third Amendment with ActiveWayz for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: August 4, 2023
FISCAL IMPACT:
Following the funding allocation approved at the April 18 20, 2023 Town Council meeting, there
are sufficient funds in the account to pay for this amendment. With this third amendment, the
total cost for design remains less than 15% of the expected construction cost for the project.
However, staff recognizes that the proposed design changes will result in changes to projected
construction costs. Staff will provide an updated construction cost estimate in advance of
bidding the project.
Staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the
costs of projects, recovery of costs from grant funded projects, and identification of future
staffing needs. This project utilizes a combination of full-time budgeted staff and temporary
staff that support fluctuating workloads. The costs for temporary staff will be directly
associated with this project while full-time staff are accounted for in the Department’s
operating budget.
Budget
GFAR 741,296$
Grants 1,114,350$
Utility Undergrounding 119,204$
Storm Basin 200,000$
Traffic Mitigation Funds 133,380$
Total Budget 2,308,230$
Costs
Misc. Expenses 500$
Temporary Staff Charges 35,000$
ActiveWayz Engineering Services Agreement
(Previously Approved)196,709$
ActiveWayz Engineering Services Agreement
Amendment No. 3 (Considered with this Staff Report)80,224$
Construction Management Services (7.5%)127,391$
Construction 1,698,550$
Construction Contingency (10%)169,856$
Total Costs 2,308,230$
Available Balance -$
Shannon Road Pedestrian and Bikeway Improvements
CIP No. 813-0218
PAGE 5 OF 5 SUBJECT: Third Amendment with ActiveWayz for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218) DATE: August 4, 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. Third Amendment - Agreement for Consultant Services - ActiveWayz Engineering with
Exhibits A (Original Agreement and Previous Amendments) and Exhibit B (Updated Scope of
Services)