03 Staff Report - Activewayz Fifth Amendment with attachmentsPREPARED BY: Saurabh Nijhawan
Senior Civil Engineer
Reviewed by: Interim Town Manager, Town Attorney, Finance Director, and Director of Parks and Public
Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/01/2024 ITEM NO: 3
DATE: September 26, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Shannon Road Pedestrian and Bikeway Improvement Project (CIP No. 813-
0218):
a.Authorize the Town Manager to Execute the Fifth Amendment to the
Consulting Services Agreement with ActiveWayz Engineering for
Additional Engineering Services in the Amount of $15,772, Resulting in
a Total Agreement Amount Not to Exceed $292,705; and
b.Extend the Term to December 31, 2025
RECOMMENDATION:
Shannon Road Pedestrian and Bikeway Improvement Project (CIP No. 813-0218):
a. Authorize the Town Manager to execute the fifth amendment to the consulting services
agreement with ActiveWayz Engineering for additional engineering services in the amount
of $15,772, resulting in a total agreement amount not to exceed $292,705; and
b.Extend the term to December 31, 2025.
BACKGROUND:
The Shannon Road Pedestrian and Bikeway Improvements Project will 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. Construction of this project
started in September 2024.
PAGE 2 OF 3 SUBJECT: Authorize Fifth Amendment to Consultant Services Agreement with ActiveWayz Engineering DATE: September 26, 2024
On April 20, 2021, the Town Council authorized the Town Manager to execute a consultant
services agreement in the amount of $126,631 with ActiveWayz Engineering for design services
associated with the Shannon Road Pedestrian and Bikeway Improvement Project.
On March 1, 2022, the Town Council authorized the Town Manager to execute the First
Amendment to the consultant services agreement with ActiveWayz Engineering, in an amount
of $44,840 to provide additional community outreach and additional design options as a result
of community concerns, for a total agreement amount $171,471.
On April 18, 2023, the Town Council authorized the Town Manager to execute the Second
Amendment to the consultant services agreement with ActiveWayz Engineering, in an amount
of $25,238 for bidding support services for a total agreement amount $196,709. At this
meeting, Town Council directed staff to modify the design to address resident concerns.
On August 15, 2023, the Town Council authorized the Town Manager to execute the Third
Amendment to the consultant services agreement with ActiveWayz Engineering, in an amount
of $80,224 to incorporate the design changes required as a result of additional community
outreach completed in June 2023. This resulted in a total agreement amount $276,933.
On December 5, 2023, the Town Council authorized the Town Manager to execute the Fourth
Amendment to the consultant services agreement with ActiveWayz Engineering, extending the
term to December 31, 2024, to accommodate the delay in construction that resulted from
community requested changes.
DISCUSSION:
ActiveWayz Engineering initially allocated $19,490 to assist Town staff in acquiring the
Construction Funding Authorization (E-76) from Caltrans. The E-76 form is required because the
project includes transportation funding through the Vehicle Emissions Reduction Based at
Schools (VERGS) and Transportation Fund for Clean Air (TFCA) grant programs. The completion
of the E-76 was delayed due to the changes in project design, including the final changes
following the June 2023 outreach, which necessitated unanticipated changes to the E-76.
As a result, ActiveWayz ended up spending $34,154.11 for these services (a net increase of
$15,772) resulting in the need for a fifth amendment.
PAGE 3 OF 3 SUBJECT: Authorize Fifth Amendment to Consultant Services Agreement with ActiveWayz Engineering DATE: September 26, 2024
CONCLUSION:
Approving the fifth amendment will ensure ActiveWayz Engineering will allow for necessary
construction support for the Shannon Road Pedestrian and Bikeway Improvement Project.
FISCAL IMPACT:
There are sufficient funds in the Adopted Fiscal Year 2024/25-2028/29 CIP Budget for this
amendment to the contract with ActiveWayz.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA and is Categorically Exempt (Section 15301(c)). A Notice
of Exemption has been filed.
Attachments:
1. Fifth Amendment to Agreement for Consultant Services - ActiveWayz Engineering, with
Exhibits A (previous amendments and original agreement) and B (task list)
Budget Costs
GFAR 740,296$
OBAG Grant 940,100$
TFCA Grant 174,250$
Storm Basin #1 647,717$
Traffic Mitigation 133,380$
Underground Utility Funds 71,201$
Total Budget 2,706,944$
Expenses Including Encumbrances 2,442,738$
Construction Contingency for Sposeto Engineering (Previously Approved)195,449$
Fifth Amendment with ActiveWayz (Requested with this Staff Report) 15,772$
Temporary/Part-Time Staff 52,985$
Total Expenditures 2,706,944$
Remaining Budget $0
Shannon Road Pedestrian and Bikeway Improvements
CIP No. 813-0218
This Page Intentionally Left Blank
Page 1 of 2
Fourth Amendment to Agreement for Consultant Services ATTACHMENT 1
ActiveWayz Engineering
FIFTH AMENDMENT TO AGREEMENT
This FIFTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 1st day of October 2024 and amends that certain Fourth Amendment to Agreement for Consultant Services dated December 5, 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”) a First Amendment to Agreement for Consultant Services on March 1,
2022, a Second Amendment to Agreement for Consultant Services on April 1, 2023, a
Third Amendment to Agreement for Consultant Services on August 15, 2023, and a Fourth
Amendment to Agreement for Consultant Services on December 5, 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 extend the term and add to increase the
compensation.
AMENDMENT 1. Section 2.2 Term and Time of Performance is amended to read: This contract will remain in effect from May 3, 2021, and extend to December 31, 2025.
2. Section 2.6 Compensation is amended to read as follows: Additional compensation for Consultant’s professional services shall be increased by $15,772. For a total agreement amount not to exceed $292,705, inclusive of all costs. Payment shall be based upon Town approval of each task based on Exhibit B.
3. All other terms and conditions of the Agreement remain in full force and effect.
Page 2 of 2
Fourth 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:
_______________________________ ______________________________
Katy Nomura, Interim 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
Page 1 of 2
Fourth Amendment to Agreement for Consultant Services
ActiveWayz Engineering
FOURTH AMENDMENT TO AGREEMENT
This FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for
identification this 5th day of December 2023 and amends that certain Third Amendment to
Agreement for Consultant Services dated August 15, 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”) a First Amendment for Consultant Services Agreement on March 1, 2022,
a Second Amendment for Consultant Services Agreement on April 1, 2023, and a Third
Amendment for Consultant Services Agreement on August 15, 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 extend the term and add to the minimum
scope of insurance of the agreement.
AMENDMENT
1.Section 2.2 Term and Time of Performance is amended to read:
The contract term is extended to December 31, 2024.
2.Section 3.1 Minimum Scope of Insurance is amended to read:
Service Provider 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:
two million dollars ($2,000,000) combined single limit per occurrence for bodily injury,
personal injury and property damage.
3.All other terms and conditions of the Agreement remain in full force and effect.
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EXHIBIT A
Page 2 of 2
Fourth 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: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
Page 1 of 2
Third Amendment to Agreement for Consultant Services
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.
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Page 2 of 2
Third 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:
_______________________________ ______________________________
Admas Zewdie, President
Laurel Prevetti, Town Manager
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: 87A06D99-5E4E-44EF-8404-4AE331E9B0A1
Katy Nomura, Assistant Town Manager For
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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.
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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-00033926343EDocuSign Envelope ID: 87A06D99-5E4E-44EF-8404-4AE331E9B0A1DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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.
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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
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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
Page 2 of 8
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
Page 3 of 8
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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Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
Page 4 of 8
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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Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
Page 5 of 8
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-422C94958976DocuSign Envelope ID: 87A06D99-5E4E-44EF-8404-4AE331E9B0A1DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
Page 6 of 8
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-422C94958976DocuSign Envelope ID: 87A06D99-5E4E-44EF-8404-4AE331E9B0A1DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218)
Agreement for Consultant Services
Page 7 of 8
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-422C94958976DocuSign Envelope ID: 87A06D99-5E4E-44EF-8404-4AE331E9B0A1DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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
DocuSign Envelope ID: 87A06D99-5E4E-44EF-8404-4AE331E9B0A1DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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.
DocuSign Envelope ID: 87A06D99-5E4E-44EF-8404-4AE331E9B0A1DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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
DocuSign Envelope ID: 87A06D99-5E4E-44EF-8404-4AE331E9B0A1DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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 ADocuSign Envelope ID: 87A06D99-5E4E-44EF-8404-4AE331E9B0A1DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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.
Page 1 of 3
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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
DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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
DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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.
EXHIBIT A
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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 pedestriansand 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:
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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: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
ACTIVEWAYZ’ RESPONSES TO CLARIFICATION QUESTIONS ON THE
PROJECT SCOPE
04/06/2021
1.Overview: Confirm the physical limits included in both the AlternativesAnalysis and Final Design scope of work items.
RESPONSE: The proposal covers the CIP No. 813-0218 project limits (LosGatos 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." Whatdo you propose for areas where no record data is available?
RESPONSE: In our experience, roadways and private lands have always beendefined by deeds and maps. We cannot think of a time we've come across suchan 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 thescope of our work.
3.Timing vs Cost vs Safety: One item not explicitly addressed in the proposalis 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 aswe struggle with federal grant and PG&E relocation timing issues. How doyou propose to address this?
RESPONSE: It’s too early to say whether bifurcation is needed. My suggestion isto 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: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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 requirementsfor new development as the project proceeds?
RESPONSE: Provision C.3.c of the municipal stormwater permit excludes certainprojects from the C.3 treatment requirements. This project will fall under thatexception 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 in2019. We will follow the recommendations of that plan to identify and incorporategreen 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. Weare currently wrapping up two federally-funded projects for the City of South SanFrancisco. Per the RFP, the Town will be responsible for the E-76 coordination.We will make sure that the specifications include the required federalrequirements 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 measureas 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: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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 itincluded in the current proposal?
RESPONSE: See response to Question 3 above.
DocuSign Envelope ID: 77CCA08A-43E3-4D25-82C0-7435B89FEA0A
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ActiveWayz EngineeringFee Estimate9/4/2024Project ManagerDesign EngineerEngineering TechnicianTotalProject ManagerDesign EngineerEngineering Technician$220 $136 $109Tasks $220 $136 $1091. Construction Support38 24 4 66 $8,360 $3,264 $436 $12,060Sub‐TaskPre‐Construction Meeting2 — —2$440 — —$440Coordination Meetings (3 tot)6 — —6$1,320 — — $1,320Review Shop Drawings and Submittals16 8 —24$3,520 $1,088 — $4,608Respond to RFIs48 —12$880 $1,088 — $1,968Prepare Change Order (2 tot)68418$1,320 $1,088 $436 $2,844Punch‐list Walkthrough4 — —4$880 — —$8802. Record Drawings4 8 16 28 $880 $1,088 $1,744 $3,712Sub‐TaskPrepare Record Drawings48 1628$880 $1,088 $1,744 $3,712Total42 32 20 94 $9,240 $4,352 $2,180 $15,772SubtotalFeeActiveWayz EngineeringHoursActiveWayz_Fee ‐ Shannon Road Construction Support‐Additional.xlsxEXHIBIT B