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07 Staff Report - Highway 9 Safety Improvement Project~pW N 0 !pS ~A~OS COUNCIL AGENDA REPORT MEETING DATE: 10/16/06 ITEM NO: DATE: OCTOBER 10, 2006 TO: MAYOR AND TOWN COUNCIL ; FROM: DEBRA J. FIGONE, TOWN MANAGER O SUBJECT: PPW JOB NO.05=17 = HIGHWAY 9-SAFETY IMPROVEMEN -PROJECT ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH BKF ENGINEERS FOR PREPARATION OF CONSTRUCTION DOCUMENTS AND CALTRANS ENCROACHMENT PERMIT RECOMMENDATION: Adopt resolution authorizing the Town Manager to execute professional consultant services agreement (Exhibit A) with BKF Engineers for preparation of construction document and Caltrans encroachment permit. BACKGROUND: The Town of Los Gatos, City of Saratoga, and City of Monte Sereno received a Federal grant for a pedestrian and bicycle safety enhancement project on Highway 9. This project would provide continued bicycle lanes and pedestrian pathways along Highway 9 in addition to improving signing and striping of the road. The Town of Los Gatos was designated as the lead agency on this project, since the Town has an approved Disadvantage Business Enterprise (DBE) program through Caltrans. Having an approved DBE program is a requirement for this project since it uses Federal grant funds. A cooperative agreement amongst the above agencies for cost sharing was presented to the Council and approved on September 18, 2006. PREPARED BY: OHNE. CURTIS Director of Parks and Public Works NAB&E\COUNCIL REPORTS\05-17.Highway 9.Safety.Improve.9506.Report #1 Reviewed by: Assistant Town Manager own Attorney Clerk Administrator CG Finance ommunity Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENT PROJECT OCTOBER 10, 2006 DISCUSSION: Staff followed the guidelines of Caltrans related to federally funded projects and prepared request for statements of qualifications from consulting firms. The consulting firms of Gier and Gier Inc, Nolte, Inc., and BKF Engineers, Inc. submitted qualification statements to the Town. Staff from Los Gatos, Monte Sereno, and Saratoga interviewed all three (3) firms and unanimously determined BKF Engineers, Inc. to be the most qualified firm for this project. BKF Engineers, Inc. has a great deal of experience in similar projects and staff, behoves they can perform well for the Town and our partnering municipalities on this project. The attached cost _proposal was negotiated with BKF Engineers, Inc. in coordination with Monte Sereno and Saratoga. - - The Highway 9 Safety Improvement Project is divided in two phases to ensure all Federal funding deadlines are adhered to and safety improvements are constructed as expeditiously as possible. The first phase of the work is to design and construct bicycle safety improvement and signing and striping of the road which will be designed by the consultant presented to the Council in this report. The construction of bicycle lanes will be along the edge of the current roadway and will be accomplished with minimal widening of the road. All of the work will be done within the current Caltrans right-of-way and will not require a new right-of-way acquisition, which is not only costly, but time consuming. The construction of the bicycle lane improvements and signing and striping is anticipated to begin in fall 2007. The next phase of the work is to address various pedestrian deficiencies of Highway 9 and a wide range of options and features that may be considered for such facilities. This task will require extensive analysis of pedestrian facilities demand in each municipality along the Highway 9 route. A conceptual design will be prepared to outline the extent and cost of any pedestrian facilities. Based on this plan, each municipality can pursue funding for the final design and construction of the pedestrian facilities within their jurisdiction. The preparation of the above mentioned conceptual design of pedestrian facilities is not a part of the contract with BKF Engineers Inc. at this time. This work will be done after the construction of the bicycle facilities and accounting of the project. CONCLUSION: It is recommended that the Council adopt the attached Resolution authorizing the Town Manager to execute a Professional Services Agreement with BKF Engineers to prepare construction document and Caltrans encroachment permit. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to Sections 15301 (c), 15303(e) and 15304(b) of the State CEQA guidelines. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENT PROJECT OCTOBER 10, 2006 FISCAL IMPACT: The cost proposal from BKF Engineers is for $216,693. This amount is distributed amongst the Town of Los Gatos, City of Saratoga, and City of Monte Sereno based on the cooperative agreement which was presented to the Town Council on September 18, 2006. Attachments: Resolution approving Professional Services Agreement with BKF Engineers (with Exhibit A - Agreement and_Exhibit B - Proposal/Schedule of Charges) RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH BKF ENGINEERS TO PREPARE A FEDERAL ENVIRONMENTAL REPORT (NEPA) FOR PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENT PROJECT WHEREAS, it is necessary for the Council to secure professional consultant services to provide assistance to the Town to prepare a Federal Environmental Report (NEPA) for PPW Job No. 05-17 = Highway-9-Safety Irnprovement-Project, and- - - WHEREAS, the Town Council has selected the firm of. BKF Engineers to provide professional consultant services in connection the Highway 9 Safety Improvement Project; and NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of Los Gatos hereby approves the attached Agreement (Exhibit A) for Professional Consultant Services with BKF Engineers to prepare a Federal Environmental Report (NEPA); and BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and directed to execute said agreement on behalf of the Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 16th day of October, 2006, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES THIS AGREEMENT is entered into this day of , 2006, by and between Town of Los Gatos, State of California, herein called "Town", and BKF Engineers, engaged in providing a Professional Consultant Services agreement (Exhibit A) to prepare a Federal Environmental Report (NEPA) in connection with PPW Job No. 05-17 - Highway 9 Safety Improvement Project; herein called "Consultant." RECITALS A. Towns-considering-undertaking-activities--to- PREPARE--AFEDERAL ENVIRONMENTAL REPORT (NEPA) FOR THE TOWN OF LOS GATOS. B. Town desires to engage a professional consultant services consultant to provide consulting services to prepare a Federal Environmental Report (NEPA) in connection with PPW Job No. 05-17 - Highway 9 Safety Improvement Project, herein called "Consultant" because of Consultant's experience and qualifications to perform the desired work. C. Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Consultant shall provide Professional Consultant Services as requested by the Town as outlined in (Exhibit A). 2. Time of Performance. The services of Consultant are for the period of from October 16, 2006 to October 16, 2007. The Town will review the Consultants' performance at the end of the contract period and will have the option of renewing the contract. Should Town not renew a contract, the award and authorization of the contract shall automatically expire. Town shall give Consultant at least 15 days notice, prior to the cancellation or expiration of the contract. 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. EKIIBIT A Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals 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 Town of Los Gatos. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by Town and all reports and supportive data prepared by Consultant under this Agreement are Town's - rc -ert-and shall be delivered to Town u on the com letion of Consultant`s services or at 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 Town to the public, and Consultant shall not make any of the these documents or information available to any individual or organization not employed by consultants by Consultant or Town without the written consent of Town before such release. Town acknowledges that the reports to be prepared by 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 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. 6. Compensation. Compensation for Consultant's professional services shall be based upon Town authorization for each peer review. Billing for each peer review shall be based on the Consultant's Schedule of Charges (attached hereto as Exhibit "B" and incorporated by reference herein). Billing shall be accompanied by a detailed explanation of the work performed, by whom, at what rate, and on what date. Billing invoices submitted for payment must reference the Town Purchase Order Number, and if applicable, the appropriate project address and Town Application Number. 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. Only one (1) purchase order number per invoice will be accepted. All invoices and statements to Town shall reference Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 655 Los Gatos, CA 95030 Statements: Town of Los Gatos Attn: Accounts Payable P.O. Box 655 Los Gatos, CA 95030 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. -Consultant- shall-make--these -records available to authorized personnel- of-Toovri at- Consultant's offices during business hours upon written request of Town. 8. Project Manager. The Project Manager for Consultant for the work under this Agreement shall be Natalina Bernardi. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to Consultant. No portion of these services shall be assigned or subcontracted without the prior written consent of Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: John E. Curtis Director of Parks and Public Works Town of Los Gatos 41 Miles Avenue Los Gatos, CA 95030 Phone: (408) 399-5774 To Consultant: BKF Engineers 1650 Technology Drive, Suite 200 San Jose, CA 95110 (408) 467-9100 11. Independent Contractor. It is understood that 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 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 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. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to Town. Consultant has and shall not obtain any holding or interest within Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the staff or management of Town or its representatives, nor shall it enter into any such holdings or agreements during the term of this agreement, including any amendments. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of 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 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 Town's sole discretion, sever any such employment relationship. 13. Equal Employment OpportunitX. 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. 14. Insurance. A. 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. iii. Consultant shall provide to Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by 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- sufficientto insure Consultant-for professional errors-or-omissions-in-the- performance of the particular scope of work under this agreement. B. General Liability: 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 Consultant; products and completed operations of Consultant, premises owned or used by Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. Consultant's insurance coverage shall be primary insurance as respects Town,. its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by Town, its officers, officials, employees or volunteers shall be excess of 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 Town, its officers, officials, employees or volunteers. iv. 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. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, 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 Clerk Administrator. D. 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 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. 15. Indemnification. Consultant shall save, keep and hold harmless indemnify and defend 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 Consultant, or any of Consultant's officers, employees, or agents or any sub- - consu tart-- 16. 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. 17. 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. 18. Termination of Agreement. Town and Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, Consultant shall deliver to Town all plans, files, documents, reports, performed to date by 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 Town bears to completed services contemplated under this Agreement pursuant to the noted Scope of Services and (Exhibit A) hereto, 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. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by Town and Consultant. 20. 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. 21. Entire Agreement. This Agreement, including Exhibits A and B, constitutes the complete and exclusive statement of the Agreement between 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. IN WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos Debra J. Figone, Town Manager Town of Los Gatos BKF Engineers Principal Recommended by: John E. Curtis Director of Parks and Public Works ATTEST: Clerk Administrator of the Town of Los Gatos, Los Gatos, California Approved as to Form: Orry P. Korb, Town Attorney i October 4, 2006 BRF BKF Job No. 20066048-PP Mr. Kevin Rohani ENGINEERS Town Engineer SURVEYORS Town of Los Gatos PLANNERS 41 Miles Avenue P.O. Box 949 Los Gatos, CA 95031 - - - - - -Subject: -Bid-Documents-and Caltrans Encroachment-Permit Highway 9 Safety Improvements Project In the Town of Los Gatos, City of Monte Sereno and City of Saratoga Dear Mr. Rohanii: i65o Technology Drive Suite 65o San Jose California 95iio phone 408.467.9100 www.bkf com The Town of Los Gatos, City of Monte Sereno and City of Saratoga are working cooperatively to improve the safety for bicyclists and pedestrians along Highway 9 from Big Basin Way/Saratoga Avenue in the City of Saratoga, through the City of Monte Sereno to Los Gatos Boulevard in the Town of Los Gatos. It is the project's intent to provide a design which limits improvements to $1,000,000, in order to obtain Caltrans project approval via a Caltrans Encroachment Permit. Prior to the submission of the PS&E and Caltrans Encroachment Permit Application, it is anticipated that preliminary studies which include providing a project aerial base, conducting supplemental field surveys to identify limitations and evaluating design parameters and alignment to establish a continuous bike lane through the project limits via striping and minor shoulder widening. BKF Engineers (BKF) proposes to perform the following scope of services in preparing and obtaining environmental clearance and a Caltrans Encroachment Permit to construct the above described Highway 9 Safety Improvements project: Task 1: Project Management/Team Leadership BKF has assumed that the duration for obtaining a Caltrans Encroachment Permit will be 8 months. Throughout the project duration, BKF will attend monthly project development team meetings which may be attended by the Town of Los Gatos, City of Monte Sereno, City of Saratoga (Cities), Caltrans and other project stakeholders. It is assumed that there will be 8 project meetings and 2 public meetings that will require BKF's participation. BY-F's environmental and bicycle consultant will be in attendance at the public meetings to assist with questions posed by the communities. In addition to attendance at monthly meetings, BKF will coordinate the work involved in the design development and approval of the Caltrans Encroachment Permit with the project team members, including the involved jurisdictions, consultants and Caltrans. Design review and comment resolution meetings will be scheduled to facilitate the reviews and approval of the Caltrans Encroachment Permit. EXHIBff' B Mr. Kevin Rohani October 4, 2006 BKF Job No. 20066048-PP Page 2 of 4 Task 2: Preliminary Investigations/Conceptual Design Alternatives For this task, BKF will collect all available information from Caltrans (including as- builts and right of way record mapping for the corridor), the involved jurisdictions, utility companies and effected stakeholders. Utility maps will be obtained and work coordinated with the respective utility owners. All collected information will be reviewed to develop an existing base and set the project parameters and criteria. The Town of Los Gatos' existing aerial base will be extended to provide coverage within the City of Saratoga project limits. Existing monumentation information, used to - - develop the existing aerial base will be obtained and verified. It is assumed that the project datum will comply with NAD 1983 horizontal and the vertical datum established in the original aerial base. For this project, Caltrans ABC Mapping will not be provided. Supplemental topographic surveys and site investigations will be performed by BKF to verify existing features and conform elevations. The surveyed information will be used to supplement the project base sheets. A geotechnical study will not be conducted. For the purposes of this project, existing pavement sections will be used for the shoulder widening design. The geotechnical work will be limited to reviewing existing available information to establish and provide conservative soil information for the proposed retaining wall design. It is anticipated that the project will require no utility potholing. BKF will develop a design alignment along the Highway 9 project limits which meet the project goals. This phase of work will focus on design development at various segments throughout the project limits to evaluate the opportunity of providing bike lanes via pavement striping or roadway widening. In developing the design, work will be conducted to establish the geometric layout, profiles for bicycle facilities, retaining wall limits and heights, and roadway modifications. Working with the involved jurisdictions, a project alignment will be identified. The alignment will be coordinated with BKF's bicycle consultant for endorsement on the implementation strategy in consideration of the constraints. The project alignment, constraints and criteria will be presented to the public for consensus. The agreed upon design alignment will be developed in the PS&E for contract drawings. BKF will prepare an environmental document to clear the project. Based on our discussions with the involved jurisdictions, the Town of Los Gatos will be the CEQA lead agency for the project and Caltrans will be the NEPA lead agency. Based on the assumptions that no right of way will be required; no work will be conducted within parks; cultural resources, including existing creeks, will not be impacted; surface archeological testing will not be required and there are no endangered species or historic buildings that will be effected by the project, the environmental document for CEQA will be Category Exemption and the project will be eligible for a Categorical Exclusion under NEPA. Mr. Kevin Rohani October 4, 2006 BKF Job No. 20066048-PP Page 3 of 4 Task 3: Development of Initial Construction Documents BKF will prepare Project Plans, Specifications and Estimate (PS&E) for the proposed Highway 9 Safety Improvements project in compliance with Caltrans Encroachment Permit requirements. BKF will determine the base sheet layouts. Project plan sheets shall be prepared in accordance with the pre-determined Project standard borders and drafting standards and will be supplemented with design required standard details, symbols and abbreviations. Plans shall be in English units and in AutoCAD 2005 electronic format. For the PS&E, the proposed geometric alternative will be evaluated to confirm that Caltrans' Highway Design Manual criteria are met. Should existing project constraints prohibit the incorporation of a design criteria, a design exception will be drafted for Caltrans review and approval. BKF has estimated that there will be no more than 3 design exceptions required for the project. BKF shall prepare plan sheets which will include layouts, typical cross sections, roadway grades, construction detail plans, drainage plans, traffic handling sheets and signing and striping plans. It is anticipated that retaining wall design for the project will be based on Caltrans standard retaining walls with a height of no more than four feet. Information to supplement Caltrans standard plan design for retaining walls will be included in the project Construction Detail Sheets. For this task, the project design will be developed to a 95% level design. With the establishment and review of the geometric design and vertical alignments, the design will be production-oriented for preparation of project plans. Based on reviewed information, preliminary investigations and design work, and jurisdictional requirements, project plan details will be incorporated. This phase of work will include providing the following project plans for the design submittal: • Title Sheet • Typical Cross Section Sheets Layout / Grading Sheets • Construction Detail Sheets • Drainage Sheets • Traffic Handling Plans • Signing and Striping Sheets • Cross Section Sheets Task 4: Final PS &E and Caltrans Review Subsequent to the submission of the initial PS&E to Caltrans, it is anticipated that there will be 3 additional submittals to Caltrans for the issuance of the Encroachment Permit. Mr. Kevin Rohani October 4, 2006 BKF Job No. 20066048-PP Page 4 of 4 BKF shall compile and distribute review comments to the project design team. BKF shall review comments and determine conflicts. Review conflicts and clarifications will be summarized and presented to the Cities. BKF shall organize, attend and lead a comment resolution meeting with Cities and other jurisdictional authorities to discuss conflicting comments and obtain clarifications for the review comments if needed. BKF shall document the comment resolutions in the comment resolution meeting minutes. The meeting minutes shall_ be distributed to the Cities and attendees. _BKF-shall incorporate review comments and update and complete the Project plans for the final design submittal. All aspects of the design will be finalized in order to - - prepare a complete set of final bid documents. Comments on the construction cost estimate and project specifications will be reviewed and incorporated. BKF shall verify quantities based on the design plans, verify unit cost prices based on recent bid results and update the construction cost estimate. The project specifications will be modified to ensure that all elements of the design drawings are addressed. Specifications will include technical specifications and be supplemented with the project boiler plate to be provided by the Cities. The final PS&E will be packaged and prepared for bid circulation. The scope at this time does not include bid support, construction staking or construction assistance. BKF proposes to provide the required engineering work as described above and in.the enclosed "Summary of Fees & Hours" for an estimated not-to-exceed fee of $216,693 which includes printing, delivery and mileage. The amount of effort for each individual task is further described in the. "Summary of Fees & Hours". All fees shall be paid on a time and material basis in accordance with BKF's Professional Personnel Service Fees schedule. Any services not outlined in this proposal or the "Summary of Fees & Hours" shall be considered extra work. BKF has the experience and qualified personnel to successfully complete the proposed Caltrans approval document. We have reviewed our workload to insure that BKF will have adequate time available to complete the work in accordance with your schedule. BKF looks forward to the opportunity of working for the Town of Los Gatos, City of Monte Sereno and City of Saratoga on the Highway 9 Safety Improvements Project. Should you have any questions or require additional information, please feel free to contact me. Very truly yours, BKF ENGINEERS N alina V. B fi~ P 'nc pal/Vicf res SUMMARY OF FEES & HOURS Scope of Fees, Hours and Services Project Bid Documents and Caltrans Encroachment Permit Town of Los Gatos, City of Monte Sereno, and City of Saratoga Highway 9 Safety Improvements Project BKF Engineers 1650 Technology Drive, Suite 200 San Jose, CA 95110 Tel 408.467.9100, Fax 408.467.9199 October 4, 2006 Bid Documents and Cah ans Encroach neat Permit Task 1 Project Management/Coordination Task 2 Preliminary Investigations, Data Collection, and Design Evaluation j - -Task 3 -Development of Initial Construction Documents - - Task 4 Final PS&E and Caltrans Review TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr $ 175 $ 142 $ 120 $ 106 $ 93 $ 104 $ 92 $ 211 Hours Task 1 22 56 6 6 0 0 0 0 90 $ 13,158 Task 2 4 32 34 64 82 28 0 60 304 $ 39,306 Task 3 14 81 88 172 183 136 0 0 674 $ 73,907 Task 4 10 42 46 52 54 40 0 0 244 $ 27,928 BKF 50 211 174 294 319 204 0 60 1,312 Subtotal $8,750 $29,962 $20,880 $31,164 $29,667 $21,216 $0 $12,660 $ 154,299 Reimbursable Expenses: Printing 4.0% of professional fees $ 6,172 Delivery/ Mileage 4.0% of professional fees $ 6,172 Total Reimbursable Budget $ 12,344 Subconsultants: 1 David Powers and Associates - Environmental Engineering $ 20,900 2 HJW - Aerial Mapping $ 8,800 3 Fehr & Peers - Bicycle Design Advisory & Coordination Services $ 5,500 4 Parikh Consultants Inc - Geotechnical Exploration $ 3,850 5 Biggs Cardosa Associates - Structural Engineering $ 11,000 Total Subconsultant Bud et $ 50,050 Total Bud et $ 216,693 Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Draft Drafter Eng III Engineer III Tech Technician (Engineering or Survey) Eng II Engineer II Surv Survey Field Crew See Page 4 for Project Assumptions and Exclusions. - Pagel of 4 K\El1a09iNJ0oeS•PP•Lm (3nlm HM 9 SM* 1111 -WFW PmP-SC Pro- "Oh--Y 9 Snlnly Im--P.]a PSR-PR - fUG,XLSJ Printed 10/4/2006 Task 1 Project Management/Coordination (It is assumed that the project duration will be 8 months) Task 1.1 Attend Monthly PDT meetings and Prepare Meeting Minutes (8 Total - once a month for project duration) Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members, Stakeholders and Consultants TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 12 26 38 $ 5,792 Task 1.2 6 6 12 $ 1,902 Task 1.3 4 24 6 6 40 $ 5,464 Subtotal 22 56 6 6 0 0 0 0 90 $ 13,158 Task 2 Preliminary Investigations, Data Collection, and Design Evaluation Task 2.1 Conduct Survey Control for Aerial Planimetric Mapping in Saratoga (Paint and Tie-Down Aerial Panels) Task 2.2 Request/Collect/Review available CT and City As-Buflts, R/V1/ Record Maps, and other Project Improvements Plans Task 2.3 Request/Collect/Review Available Utility Record Information Task 2.4 Input Existing Highway, Utility and Right of Way Information Based on Collected Record and As-Built Data Task 2.5 Perform Site Visit to Verify Conceptual Design Alternatives and Areas Requiring Supplemental Survey Information Task 2.6 Perform Initial Surveys In Areas Requiring Supplemental Topographic Information (NAD 1983 & existing vertical datum) Task 2.7 Evaluate and Establish Design Implementation Requirements Task 2.8 Establish Bike Lane Alignment Task 2.9 Prepare Exhibits for Public Meeting TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost. Task 2.1 4 4 4 12 24 $ 3,996 Task 2.2 2 4 8 14 $ 1,452 Task 2.3 2 2 6 10 $ 1,054 Task 2.4 4 16 8 8 36 $ 3,840 Task 2.5 2 4 6 6 18 $ 1,958 Task 2.6 4 6 36 48 94 $ 14,764 Task 27 4 8 12 24 10 58 $ 6,750 Task 2.8 4 8 4 16 $ 1,952 Task 2.9 2 8 8 16 34 $ 3,540 Subtotal 4 32 34 64 82 28 0 60 304 $ 39,306 Paget of 4 K1ENeo61 tma-PP-LwCalmHrry99dotylmP'mo-lAFmNopmMScop Fm - Hlahm 9 5ddylnplwommlPrq=lPSp-Pq-1ou]oa.XLSI Printed 10/4/2006 Task 3 Development of Initial Construction Documents Task 3.1 Develop the Project Cover sheet Task 3.2 Prepare Typical Section Sheets Task 3.3 Establish Layout, Grading and Construction Detail Plans Task 3.4 Drainage Plans, Details and Quantity Sheets Task 3.5 Develop Traffic Handling and Construction Area Sign Plans Task 3.6 Prepare Pavement Delineation and Signing Plans Task 3.7 Develop Cross Sections Sheets Task 3.8 Analyze hydrologic conditions and prepare drainage caics Task 3.9 Prepare Design Exceptions (Assume 3) Task 3.10 Prepare Project Special Provisions Task 3.11 Develop Quantities and Construction Estimate and Schedule Task 3.12 Conduct Independent Quality Control Review TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost - Task 3.1 6 6 12 $ 1,260 Task 3.2 3 8 15 8 34 $ 3,501 Task 3.3 4 18 24 48 80 40 214 $ 22,824 Task 3.4 2 8 10 20 16 14 70 $ 7,750 Task 3.5 2 12 12 16 8 12 62 $ 7,182 Task 3.6 6 10 18 4 12 50 $ 5,580 Task 3.7 4 12 40 32 88 $ 8,888 Task 3.8 4 6 12 22 $ 2,560 Task 3.9 4 12 4 20 4 12 56 $ 6,624 Task 3.10 2 4 16 4 18 $ 3,262 Task 3.11 4 8 16 18 $ 2,904 Task 3.12 6 6 12 $ 1,572 Subtotal 14 81 88 172 183 136 0 0 656 $ 73,907 Task 4 Final PS&E and Caltrans Review (Assume that there will be three review submittals to Caltrans for Encroachment Permit) Task 4.1 Revise plans per Caltrans & Cities review comments Task 4.2 Modify special provisions Task 4.3 Update Final Quantities, Estimates & Schedule Task 4.4 Update & finalize design exceptions Task 4.5 Perform In-house Quality Control Review Task 8.3 Prepare Right of Way Certification TASK Pic PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 8 18 20 32 42 38 158 $ 17,606 Task 4.2 6 12 18 $ 2,292 Task 4.3 2 8 12 22 $ 2,248 Task 4.4 6 2 12 2 22 $ 2,572 Task 4.5 8 8 16 $ 2,096 Task 8.3 2 2 4 8 $ 1,114 Subtotal 10 42 46 52 54 40 0 0 244 $ 27,928 Page3 of 4 M%rNRO01 0-0•PP . Lm 0 - Hwy 9 &Illy Iml~~vinmm~191F0o Plgl=M5r.Mlu Fa - Hghw y 9 901u1y ImPloicmrnl F.J=% PSR.PR• 100:g0,)(L5l Pdnted 10/4/2006 Project Assumptions and Exclusions: 1. It is assumed that the project will be an Caltrans encroachment project. 2. Project will be eligible for a Categorical Exclusion under NEPA. Environmental Document under CEQA will be a Categorical Exclusion. 3. It is assumed that all improvements will reside within existing State right of way and no additional or new R/W will be required. 4. The Project will consist of providing bicycle lanes within the project limits via restriping and minor shoulder widening. 5. Project will not include work within creeks, drainages or wetlands. 6. It is assumed that no more than 3 design exceptions will be prepared and processed. 7. No cultural resources will be impacted by the project. 8. Surveys for threatened /endangered/ special status species will not be needed. 9. Project will not impact parks. 10. Surface archeological testing will not be required. 11. Historic evaluations of structures and/or buildings will not be required. 1.2. It is assumed that the existing project aerial mapping provided by the Town of Los Gatos is adequate for the work. Supplemental planimetric mapping in Saratoga shall be flown on the same-vertical and horizontal datum and specifications - - - - - as the mapping in Los Gatos and Monte Sereno. 13. This proposal does not include providing a iSA Phase 1. 14. A traffic forecasting and operations report will not be required. 15. It is assumed that the Project will not require preparation of a DIB 78. 16. It is assumed that the Project will not require preparation of a Longitudinal or Transversal Utility Exception Report. 17 It is assumed that the project will not require modifications to signalized intersections. 18. It is assumed that the Project will not require preparation of a Traffic Management Plan. 19. It is assumed that the Project will not require preparation of a Hydraulic/Floodplain Study Report. 20. It is assumed that the Town of Los Gatos will be CEQA Lead Agency. 21. Project design units will be imperial (feet). 22. It is assumed that the Project will not require Caltrans' ABC Mapping. 23. Potholing has been excluded from this scope of fee and services. 24. Structural work will be limited to retaining walls estimated to be no higher than 4 feet. Preparation of a structural Advance Planning Study is excluded from this project. 25. It is assumed that geotechnical services will be limited to recommendations based on historic records. Existing pavement sections will be used for the design and soil recommendations for structures will be based on existing available information/or conservative estimates. 26. Vehicular, bicyclist and pedestrian counts are excluded from the scope of this project. 27. It is assumed that Erosion Control and Storm Water Prevention Plans are not required for the project. 28. It is assumed that the project duration will be 8 months. - - - - - Page4 of 4 K\eNG 1V160AB•pP•Loe Gnlm Hw~95eloly lmprwemonL+lFea pegwsn~5copo Fco-Higl.wny9Sa1c1y lmp.wemmt prgecl PSN•pR•100J08.%L6t Printed 10/4/2006 t ENGLNEW-1 SURVEYOR$ e PULNNM PERSONNEL ENGINEERING Associate Project Manager Engineer IV - - Engineer I, 111 III - PLANNING Senior Planner Associate Planner PROFESSIONAL PERSONNEL SERVICE FEES JANUARY 1, 2006 - DECEMBER 31, 2006 HOURLY RATES $150.00 $142.00 $131.00 - - $93.00-$106.00--$1-20.00-- SURVEYING Project Manager Surveyor I, 11, 111, IV Field Surveyor Survey Party Chief Survey Chainman Apprentice I, II, III, IV DESIGN AND DRAFTING Technician I, II, III Drafter I, II, III, IV Student Engineer/Surveyor CONSTRUCTION ADMINISTRATION Senior Construction Administrator Resident Engineer Field Engineer I, II, III SERVICES AND EXPENSES Project Assistant Clerical/Administrative Assistant Principals' time on projects is chargeable at $175.00- $200.00 per hour. $59.00 $52.00 Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers willbe billed at cost phis 10%. Such charges may include, but shall not be limited to printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance; transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at the prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will he charged at 0.833% per month on past due accounts. $110.00 $104.00 $142.00 $93.00 -$106.00- $ 120.00 -$131.00 $118.00 $118.60 $93.00 $49.00- $67.00- $77.00- $86.00 $89.00 - $96.00 - $104.00 $69.00 - $76.00 - $84.00 - $92.00 $52.00 $140.00 $101.00 $93.00 - $103.00 - $119.00 Expert witness/litigation rates are available upon request.