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5 - Blossom Hill Road Improvements - BKF Engineers1owN MEETING DATE: 12/19/11 A ITEM NO: c Gatos COUNCIL AGENDA REPORT DATE: DECEMBER 9, 2011 TO: MAYOR AND TOWN COUNCIL 4 FROM: GREG LARSON, TOWN MANAGER SUBJECT: PPW JOB NO. 10 -05 — BLOSSOM HILL ROAD IMPROVEMENTS (CHERRY BLOSSOM LANE TO CAMINO DEL CERRO) AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BKF ENGINEERS, INC. TO PROVIDE CONSTRUCTION SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $40,924. RECOMMENDATION Authorize the Town Manager to execute an amendment to the professional services agreement with BKF Engineers, Inc. to provide construction support services in an amount not to exceed $40,924. BACKGROUND The Town of Los Gatos hired BKF Engineers Inc. in 2010 to perform the engineering design for the road and street improvements on Blossom Hill Road. This work was concluded with the preparation of final plans and specifications for the project, and submittal of construction documents by the consultant. Staff solicited bids for a construction contract for this project and will present the results to Town Council for award on December 19, 2011. DISCUSSION: Construction support services are an important element in this large scale project because of the complexity of the design and coordination work involved. The following summary is prepared in order to better understand the distribution of work efforts for the construction of this project. I':__'.__' .: ... . Director of Parks and Public Works Reviewed by: Assistant Town Manager Town Attorney % , finance N:\ PPW\ MANAGEMENT \COUNCIL \COUNCIL REPORTS\2011 Reports\December 19\ PPWJobNo.10- OS.BHRImprovements. Design. BKF.Const.Support.Amendment.docx PAGE 2 DECEMBER 19, 2011 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 10 -05 — BLOSSOM HILL ROAD IMPROVEMENTS (CHERRY BLOSSOM LANE TO CAMINO DEL CERRO) DISCUSSION (cont'd.h The key components of the construction of this project are: • Day -to -day construction inspections: The Town Engineering Inspector, along with support from an outside construction management firm, will monitor and inspect contractor's daily work; measure and document quantities of materials used on the project and insure compliance with the plans and specifications. Since this is a grant funded project, it requires an added level of documentation and monitoring of the project to insure compliance with Caltrans' requirement towards reimbursement of grant funds to the Town. This added resource is needed on this project. • Coordination with the design team during construction: Town Engineering staff will work closely with the contractor, neighbors and residents, and design team to provide responses to inquiries and questions that may arise during the course of the project's construction. This is an important role especially on this project with many detailed design elements. • Construction support services: This work requires the project consultant to provide field survey staking, review of all shop drawings and various product' submittals for the construction, provide design clarifications and information, and attend various meetings. At the conclusion of the construction work, an as -built document for the project will also be prepared for the Town by the design team. BKF Engineers Inc. will be assigned the task of providing construction support services for this project as outlined in the attached proposal and scope of work. The existing agreement with BKF Engineers, Inc. needs to be amended for the consultant to provide construction support services. Staff recommends approval of the amendment to the BKF Engineers Inc. contract in the amount not to exceed $40,924. ENVIRONMENTAL ASSESSMENT This is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice of Exemption will not be filed. FISCAL IMPACT There are sufficient funds for this project as demonstrated in the following table. PAGE 3 DECEMBER 19, 2011 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 10 -05 — BLOSSOM HILL ROAD IMPROVEMENTS (CHERRY BLOSSOM LANE TO CAMINO DEL CERROI Available .Expended/ Bu et i. Fucumbered Proposed Future Contract Commitment a FY2010 /11 Fiscal Impact Funding To Date Amount � Amount 1471-812-0111 $ ._... 927,933 mm $ _ 32,438 : $ 40,924 $ 673,967 u }. 1421 -812 -0111 450,000 450,000 TOTALS $ 1 $ 32438 � $. _< 40,924 i 1 123 967 �M 8O UR �(?RX . Contract 1,023,967 .... ,. , ..:_ Contingency ; 100,000 ; Matenals &Advertising 1_.. __ »... jProject Construction 1 27,880 . , $ 40,924 _....._. ». . ... .,, ITOTALS $ 32,438 $ 40,924 $ 1,123,967 Attachment: 1. Original design agreement with BKF Engineers Inc. dated September 7, 2010 2. Amendment to the design agreement with BKF Engineers Inc. 3. BKF Engineers Inc. Proposal for Construction Support Services dated $40,924 (Exhibit A) THIS PAGE INTENTIONALLY LEFT BLANK Attachment 1 CLERK DEPART114- bil`i' AGR AGREEMENT FOR CONSULTANT SERVICES IHH �! THIS AGREEMENT is dated for identification September 7, 2010 and is mace QY an etween M TOWN OF LOS GATOS, a California municipal corporation, ( "Town ") and F'Engm a s______ _ Inc., ( "Consultant "), whose address is 1650 Technology Drive, Suite 650 Sanr�; -C —A This Agreement is made with reference to the following facts. This contract will remain in effect from September 7, 2010 to June 3'0, 2011. I. RECITALS 1.1 The Town desire to engage Consultant to provide engineering design services for improvements to Blossom Hill Road fiom Cherry Blossom Lane to Camino Del Cerro, PPW Project # 10 -05. 1.2 The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. H. AGREEMENTS 2.1 Scope of Services Consultant shall provide services as described in the proposal dated August 13, 2010 sent to the Town on August 13, 2010, which is hereby incorporated by reference and attached as Exhibit A. 2.2 Time of Performance Consultant shall perform the services described in this agreement as follows: Design roadway improvements and prepare construction documents for the above referenced project by June 30, 2011. 2.3 Compliance with Laws The 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 InformationlReport 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 individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a Page 1 of 6 N: \PPWPJ \CIP \10 -05 Blossom Hill Road Improvements ( Cherry Blossom Lane to Camino Del Cerro) \Agreements \BKFdesign.docx 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 $87,877, inclusive of all costs. 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. 19 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, the 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. 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 Page 2 of 6 N:\PPWPJ \CIP \10 -05 Blossom Hill Road Improvements ( Cherry Blossom Lane to Camino Del Cerro)Wgreemeuts \BKPdesign,doex 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: 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 injuuy, 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 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. Page 3 of 6 N;\PPWP7 \C]P \10 -05 Blossom Hill Road Improvements`( Cherry Blossom Lane to Camino Del Cerro )\Agreements \BKFdesigii.doox General Liability: The 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 as respects 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 the 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. 3.4 Indemnification The 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. Page 4 of 6 N:\PPWPJ \CIP \1'0 -05 Blossom Hill Road Improvements ( Cherry Blossom Lane to Camino Del Cerro) \Agreements \BICFdesign.docx 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 The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not Tess than fifteen days (15) written notice of termination. In the event of termination, the 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 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. 4.5 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. 4.6 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 BKF Engineers Inc. Attn: Town Clerk Attn: Natalina Bernardi, VP 110. E. Main Street 1650 Technology Drive, Suite 650 Los Gatos, CA 95030 San Jose, CA 95110 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 4.7 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. Page 5 of 6 NAIPPWPACIP\10 -05 Blossom Hill Road Improvements ( Cherry Blossom Lane to Camino Del Cerro) \Agreements \BKFdesign,doox 4.8 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. IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement. Town of Los Gatos by: Greg Larson, Town Manager Recommended by: V) . ( ( Pre I'd en pr) Y g Todd Capurso, L Pa;rfcs & Public Works Title Director Approved as to Form: Mile Martell &, Interim Town Attorney ATTEST: Town of Los Gatos, Los Gatos, California aTc, Ros e, Cleric Administrator Page 6 of 6 Consultant, by: i' August 13, 2010 Town of Los Gatos Parks & Public Works Department 41 Miles Avenue Los Gatos, CA 95031 Attn: Kevin Rohani, P.E., Town Engineer EXHIBIT A RE: PROPOSAL FOR CONSULTANT SERVICES FOR PROJECT #10 -05 BLOSSOM HILL ROAD IMPROVEMENTS Dear Mr. Rohani, It is with continued interest and excitement that BKF Engineers (BKF) Is responding to your request for proposal (RFP) and submitting this cost proposal pertaining to the Town of Los Gatos Consultant Services for Project #10 -05 Blossom Hill Road Improvements (Cherry Blossom Lane to Camino De/ Cerro) (Project). BKF has an excellent reputation of developing roadway design with ihigh quality construction documents and punctual project delivery, BKF's ability to perform all the required work in -house results in a stellar history of performance in delivering roadway projects for our clients. From first -hand experience and interaction on other projects, you are aware that each member of our team will be committed through the duration of the Town's Project. To emphasize our commitment, I am proposing to be the Project Manager on the Town of Los Gatos Project and will personally ensure that the Town's objectives and goals are met, BKF's experience and success in the development of construction documents is also demonstrated by the consistency of our design team. The majority of BKF staff has worked together for over 10 years and has produced over 500 major and minor public projects in California. These projects exceed $1 billion in construction costs. The stability and project knowledge of the BKF team emphasizes BKF's commitment to .providing exceptional service to the Town of Los Gatos. BKF Engineers is excited to continue a successful relationship with the Town of Los Gatos. BKF understands the commitment and resources necessary to deliver the Project. The BKF team and the Town of Los Gatos have had a great working relationship, and the BKF team is excited to continue to provide our outstanding level of service to the Town of Los Gatos. We appreciate the opportunity to provide the enclosed proposal and look forward to working with the Town of Los Gatos in the near future. Please contact Natalina Bernardi at (408) 467 -9100 if any additional information is required. Very truly yours, B 7aV, rn i, P.E. al and Vi President 16501' ®ahnalagy Ctrive, Suit® 65Q o Sin .►asp, CA 95110 1', (408) 467 -9100 a F. (408) 467.9199 Nbc BKF BKF Engineers (BKF) is pleased to propose on the Town of Los Gatos Project #10 -05 Blossom Hill Road Improvements (Cherry Blossom Lane to Camino Del Cerro) (Project). The work involved for the project specifically compliments BKF's skills and expertise. BKF provides a large spectrum of services Including civil engineering, surveying, traffic, land planning and public outreach services for local agencies (including City, State and Federal), developers, contractors, and corporations. BKF has built a reputation over the last 25 years on its ability to successfully manage, design, and process roadway projects of various scope and size on schedule and within budget. We understand the commitment and resources necessary to deliver projects efficiently for the benefit of the public. BKF has the organizational depth of expertise and ability to draw upon diverse services and staff as a project progresses. BKF's goal is to maintain our long -term working relationships with our clients by producing accurate, cost - effective work products and delivering them on schedule. For the Town's Project, BKF has assembled a project team which will be committed to the success of the Project. This skilled design team is uniquely qualified and experienced. All the work to meet the goals of the project will be performed by BKF with the exception of the design of minor retaining walls which will be provided by Biggs Cardosa Associates (BCA). BKF has developed a work plan and cost proposal for the development of the Plans, Specifications and Estimate (PS &E) for Project #10 -5. Based on our field review and the project objectives and goals, it ds BKF's understanding that the Town of Los Gatos wishes to improve Blossom Hill Road as follows: Project # 10 -05 Blossom Hill Road Improvements (Cherry Blossom Lane to Camino Del Cerro) The Town of Los Gatos desires to have continuous bike lanes and sidewalks from Cherry Blossom Lane to Camino Del Cerro (approximately 3600 linear feet). The addition of the sidewalk facility will connect to the existing sidewalks. The proposed improvements will be constructed within the existing street right of way. Given this, excess street width will be used to implement Improvements thus requiring the development of a revised striping plan along Blossom Hill. Road to install the proposed bike lanes. Based on a cursory visual inspection, it appears that sidewalk along the south side of Blossom Hill Road will be constructed from the existing sidewalk to the east of Blossom Hill Elementary School and continue easterly where it will confirm to an existing sidewalk to the west of Atwood Road. The proposed sidewalk along the north side of Blossom Hill Road will be installed from Cherrystone Road to an existing sidewalk to the west of Camino Del Cerro. The sidewalk alignment may also meander within the project site in order to avoid existing obstructions while staying within the existing street right of way. The sidewalk will be a minimum of 4 -feet wide and be ADA compliant. In designing the sidewalk improvements, curb and gutter will be installed. Based on the existing profile of Blossom Hill Road, it is assumed that the storm runoff will flow to existing catch basins along Blossom Hill Road and at the curb returns of the side streets. It is assumed that the Blossom Hill Road Improvements are exempted from the current C3 water quality requirements. The design of the improvements will be considerate of existing conditions including improvements that may have been built within the street right of way by adjacent property owners. BKF will carefully review the grades at driveway entrances to private parcels to ensure that there are no negative consequences to the owners. Based on the existing site grading and working within the existing right of way, small retaining walls may be required at certain locations along the sidewalk. These wails will be designed by BCA. In addition to restriping Blossom Hill Road for bike lanes, BKF will evaluate the existing excess paved area to the east of Blossom Hill Elementary School and provide parallel parking stalls enhance the area. It is assumed that the Town will provide the required environmental clearance for the Blossom Hill Road Improvements. Geotechnical exploration will not be included as part of this proposal; it will be assumed that unusual soil conditions are not present within the project site. Aerial mapping will not be utilized to develop project base sheets. BKF will use the Town's available site information and supplement available information with a topographic survey to obtain an accurate base for the design. BKF understands that the proposed work will be interfacing with several property owners and assist the Town with community outreach including presenting the project to the community via a public meeting. The Town desires to have approved bid plans and specification for advertisement so that the construction of the Blossom Hill Road Improvements may commence in Spring 2011. BKF is committed to meet the Town's schedule and goals accordingly. _.. .. ........ . ww w.bkf.com PROJECT UNDERSTANDING BRF The proposed tasks for the development of the PS &E for the Town's Project are as follows: Task 1 Project Management BKF's Principal -in- Charge /Project Manager (Project Manager) will be responsible for managing the project team including the subconsultant team, providing the resources to complete the job, monitoring and updating the Project budget and schedule, implementing a quality assurance /quality control program and communicating regularly with the Town and stakeholders. BKF's Project Manager will keep the Town informed by close communications on a day -to -day basis and be continually available to Town as needed. To maintain the Project schedule, BKF will act as strategic counsel by flagging issues, providing recommended solutions for discussion and implementing the accepted action. BKF will ensure that coordination with the Town and stakeholders is enhanced via focus meetings as needed. During the PS &E, meetings will take place to review the design and comments at the various stages of design. For the Blossom Hill Road Improvements project, BKF will be available to assist the Town with obtaining stakeholder consensus. BFK will attend and present the project to the stakeholders at a community public meeting. BKF will provide project management services for each task for the entire duration of the projects. BKF's Project Manager will be responsible for ensuring that the project tasks are completed in a timely manner to the satisfaction of the Town. Task Z Data Collection Immediately after receiving the Notice -to- Proceed, BKF will perform field Investigations and review all available documentation. We will conduct preliminary investigations and verify right -of -way and utility locations. This task will consist of compiling, reviewing existing data pertinent to the Project and performing investigations necessary to verify the Project criteria and scope. Also included are planning phase activities, identifying supplemental information and surveys, conducting site visits /field review /field trips, and obtaining information and requirements related to utilities and right -of -way conditions. BKF will include the following during this task: Data Collection and Review BKF will obtain and review available data and information necessary for the design of the Project. This information may be obtained from the Town and utility companies, or other organizations. Data to be reviewed includes the following: As -built plans o Utility information a Survey control data Right -of -way information Site Visits — BKF will conduct frequent site visits to evaluate and document the existing Project site conditions. Design Surveys and Survey Control Data — BKF will provide supplemental design surveying services for the Project. BKF will review the existing available information and perform additional field surveys necessary to support the Project design. The survey information will be used to supplement the Project base sheets. Right of way will be delineated on the base sheets and will be based on record information. It is not anticipated that right of way boundary resolution will be conducted for the Project. www,bkf.com B-KF Utility Verification — BI<F will perform utility research to map the existing utilities in the Project area. it is anticipated that utility relocations will be avoided by the project improvement design. This level of effort will minimize construction costs and ensure the correct placement of the proposed improvements. BKF will: Review as -built utility Information Request utility mapping from all affected utility owners ♦ Update base mapping with existing utility information ♦ Submit utility maps to affected utility owners for verification ♦ identify potential utility conflicts Task 3 Preliminary Design Upon completing the review of available documentation, BKF will initiate the preliminary design process by evaluating the geometric design that would satisfy the Project need and purpose. The geometric alignments, both horizontal and vertical, will be developed with sufficient detail to describe the existing and proposed Project elements. The preliminary design will 'be developed based on collectively considering existing features, the existing available right of way, coordination of above and below ground utilities, and the circulation and installation of bicycle and pedestrian facilities. Based on the review of existing information and the assessment performed, BKF will develop geometric alternatives including vertical design information which address the assessment results and the Project goal. The goal of this phase Is to finalize the alignments and develop a conceptual plan for the Town's review. For the Blossom Hill Road Improvements Project, the conceptual plan can be used in the presentation to the community. The concept drawings developed will be enhanced to create an exhibit which clearly demonstrates the project features. The exhibit will be presented to the community in a public forum. The exhibit will delineate pedestrian and bicycle facilities and the existing right of way line. Typical cross sections can be added to identify features in relationship to the right of way. Task 4 65% PS &E Submittal All components of the final design plans, special provisions and estimate will be included during this task. With the establishment and review of the geometric design and vertical alignments, design will be production- oriented for preparation of project plans. The plans will be developed to a 95% level in order to obtain a thorough understanding of the proposed' design features. Development of the following Information will be performed during this task in order to provide a 65% PS &E submittal to the Town: Title She will be prepared to provide an overview of the project limits and an index of project sheets. Layout and Grading Plans will be prepared on 40' scale plan sheets. Skeleton base sheets will include basic horizontal and vertical layout information and identify all major construction features. Existing utilities will be identified on the plans so that potential obstructions can be highlighted to contractors. In addition to existing utility information, existing drainage facilities will be identified. The plans will identify drainage modifications, locations of structures and subsurface features. Elevations and details will be provided in order to establish the construction of the drainage features. Construction Detail Sheets will identify various elements of work which require additional detail or enlarged scales. Signing and Striping Plan will be prepared on 40' scale and will delineate the proposed striping and sign plan. A field survey will be conducted to develop an inventory of existing signs so that the disposition of existing signs may be highlighted in the plans. Stage Construction and Traffic Handling Plans will be prepared which will address any roadway modifications needed during the process of constructing the bike lanes and sidewalk. The plans will also identify construction area signs. mmi.bdcom Specifications will be prepared for all work items necessary for the construction of the Project. BKF will assemble the specification which shall be in accordance with the Town standards. The Town will provide the "boiler plate" for the specifications. Cost Estimates — BKF will review current information available on the Project and conduct an independent construction cost estimate in order to validate the current estimates and verify funding requirements for construction of the projects. The cost estimate will identify construction work items, quantities, unit costs, and summarize the estimated total Project cost. Quality Assurance /Quality Control (QA/QC) — BKF will perform an in -house QA /QC review of the documents submitted to the City and Caltrans. BKF's quality control review for the 95% submittal will include the review of the design package for compliance with the governing jurisdictional standards and completeness. The review will focus on ensuring that the plan elements are clearly delineated. The different project sheets will present the design in a common manner with no contradictions or variances. Task 5 100% PS &E Submittal BKF will focus on resolving and incorporating all design comments resulting from the 65% submittal. All gaps in the design caused by changes will be specifically targeted for immediate resolution. Construction details for the project elements will be finalized as part of this phase of the design process. With the 65% PS &E comments and completed resolution meetings, the Project plans will be updated for this submittal. During this task, BKF's experienced Project Manager will closely monitor the progress of the following critical activities and the progress of finalizing the design. The individual components of the PS &E will be reviewed for completeness and compliance to standards. A complete, checked set of documents will be made available. Prior to delivering the 100% submittal, BKF will complete its own in -house quality control review of all outgoing documents. Cost estimates and schedules will be updated and compared to the available budget. Task 6 Bid Set Submittal For the Bid Set submittal, BKF will Incorporate and resolve any final remaining comments as a result of the 100% submittal in order to produce bid documents which are ready to advertise. All aspects of the design will be finalized in order to prepare a complete set of final and constructible bid documents. Prior to completion of the 100% design documents, the design team will conduct additional site investigations. It is crucial that the design engineers are confident that existing conditions are depicted accurately in the documents. BKF will conduct a final quality control review on all documents to ensure that all design elements are thoroughly addressed. Task 7 Construction Support BKF will be available to provide design support services during the construction phases BKF's Project Manager will be responsive to the Town's request to attend required meetings, and be available to answer RFI's, review submittals and shop drawings and provide drawings or supplemental information for construction facilitation. At the conclusion of the construction project, BKF can modify the design plans with the contractor's red -lined mark -ups in order to provide Project as -built documents, wwNV.{ d,cpm U d A V w N 0 3 O � o w wti h 0 O 0 i I a !�m E o w N L o a E rn E Si rn� . 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'w n � � � .n c � (� � . 2 � m o N d ro c � U) q o> U a '� a rn o a w o m ti� w c o o L q A. �m ` ❑ o D fY fA o Y) W ot{ wmmm o 0 c0 LO 0 o Lo LO y.1 W .6 y am- o a 0 o 000 a o 0 0 E .a 7 c O N v q C a c pOL°o:E V c c m'm , E cc E �E v) a' eww2 m c� m o o w�uwd c� m vw' y 2 cw '�j ;o o Srnc� y a p s N 7 N o N O ,� v N p'� V 2 y o y O N 2 1 111 L E D C (y M �-- (y M d' N I T- 1 - 11 N �- N cM V'. 11, �- N M rr N co fVNN CNN d'd'd'd' ui.6 to Cil E o w N L o a E rn E Si rn� . E o m o. , o ° k �42 a � .n r a a � O r}' 19 ,c ,C C N 1-I-U INTEROFFICE MEMORANDUM AGREEMENT PROCESS DATE 09/20/2010 SIGNATURE Department Head _� J Town Attorney i Town Manager PLEASE RETURN ORIGINALS TO CLERK DEPARTMENT VENDOR NAME: BKF Engineers Inc. VENDOR NUMBER: 1200 ❑ Business License Required L in process) For Clerk /Finance Only: IHH #: % Expiration Date :� ' l c -�P.O. Required 0 No P.O. Required Finance Note: Requisitions must be completed for agreements over $1,000. SUBJECT: Agreement between BKF Engineers Inc. and the Town of Los Gatos for PPW JOB NO, 10 -05 Blossom Hill Road Im movements Proieect. BACKGROUND: The adopted Capital Improvement Program (CIP) for FY 2010/11 — 2014/15 designates funding for various infrastructure improvement projects for the purpose of improving and enhancing the quality of life in the community. The Blossom Hill Road improvements are one of the projects included in the Town's CIP. This project will allow for the widening of Blossom Hill Road between Cherry Blossom Lane and Camino del Cerro, the reconfiguring of crosswalks at Blossom Hill and Cherry Blossom, and the installation of sidewalks and bicycle lanes along Blossom Hill Road. The FY 2010/11 Capital Budget designates funding in the amount of $90,000 for the design of these improvements. DISCUSSION: Attached please find the staff report submitted to and approved by the Town Council September 7, 2010. The staff report contains all background and discussion information pertaining to this agreement. FISCAL: Funding for t1 project is available in account no. 471 - 812 -0111, as demonstrated in the attached Council Report Fiscal Table. N: \PPWPJ \AGREEMENT COVER MMMOS \BKF.10 -05.BI lmpProi.SeplO.doc r THIS PAGE INTENTIONALLY LEFT BLANK o MEETING DATE.. 09/07/10 ,y ITEM NO: .3 cos un��� COUNCIL AGE NbA REPORT DATE: AUGUST 2G, 2010 TO: MAYOR AND TOWN COUNCIL cr FROM: GREG LAR SON, TOWN MANAGER SUBJECT: PPW JOB NO,._ 10.0 —BLOSSOM HILL ROAD IMPROVEMENTS PROJECT CHERR BLOSSOM LANE TO CAMINO DEL CERROI 471 - 812 -0111 AUTHORIZE THE TOWN MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING DESIGN SERVICES AGREEMENT WITH BKF ENGINEERS INC. IN AN AMOUNT NOT TO EXCEED $87,877, RECOMMENDATION Authorize the Town Manager to execute a professional engineering design services agreement with BKF Engineers Inc. in an amount not to exceed $87,877, BACK- The adopted Capital Improvement Program (CIP) for FY 2010/11 — designates funding for various infrastructure improvement projects for the .purpose of improving and enhancing the quality of life in the co=nundty. The Blossom Hill Road improvements are one of the projects included in the Town's CIP, This project will allow for the widening of Blossom Hill Road between Cherry Blossom Lane and Camino del Cerro, the reconfiguring of crosswalks at Blossom Hill and Cherry Blossom, and the installation of sidewalks and bicycle lanes along Blossom Hill Road. The FY 2010111 Capital Budget designates funding in the amount of $90,000 for the design of these improvements. DISCUSSION Blossom Hill Road is a major arterial road in the Town, and is the primary east -west connection to San Jose and the neighboring communities. Additionally, it is the direct access route to Blossom Hill Elementary School and Fisher Middle School, The section of Blossom Hill Road from Santa Cruz Avenue to Cherry 'Blossom Lane has already been unproved with standard roadway width, sidewalks, and bicycle lanes, and is within Town limits. PREPARED BY : TODD CAPURSO Director of Parks and Public Reviewed by: Assistant Town Manager ,own Attorney Clerk Administrator _AQ-,_ Finance Community Development PACE 2 AUGrUST 26, 2010 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NQ 10 -05 —BLOSSOM HILL ROAD IMPROVEMENTS (CHERRY , BLQSSOM LANE TO CAMINO DEL CBRRQ) 471 - 812 -0111 DISCUSSION cont'd Although the section of Blossom Hill Road from Cherry Blossom Lane to Camillo Del Cerro is also within the Town limits, it is also adjacent to neighborhoods within unincorporated areas of Santa Clara County and the City of San Jose. Staff has worked over the past several years to secure grant funding for improvements on this section of Blossom Hill Road (Cherry Blossom Lane to Camino .Del Cerro), The Town was not successful in securing the Safe Routes to School grant from State of California in 2008 for this project, however, an improved and revised application has been submitted for the 2010 grant cycle. The Town. Council, as part of the FY 2010 -11 budget process., approved funding from. the Town Traffic Mitigation funds for designs' and construction of the improvements along Blossom Dill Road from Cherry Blossom Lane to Camino Del Cerro, If the Town is successful in securing the Safe Routes to School grant for 2010, the grant funds will be used for the project in place of Town funds. This approach ensures that much needed improvements will be designed -and constructed using either funding scenario. Staff prepared the scope of work for design of this project and solicited cost proposals fiom three professional engineering consultants. All three of these firms are well qualified and competent in performing the design services for this project. Bid proposals were received as follows: BKF Engineers Inc. $87,877 • Harris & Associates Im. $90,505 • Nolte Associates Inc. $92,482 The proposal from BIB` Engineers Inc, is the lowest cost and fully covers the project scope of desig1a an d preparation of construction documents. Staff reconnmends the award of this contract to BKF Engineers Inc. -'ending approval of the design contract by the Town Council, staff will then work with the consultant to meet with property owners within the project limits on Blossom Hill Road, in order to work cooperatively on the design, This collaborative approach would be to address various roadway deficiencies while accommodating individual property owner's needs. It is anticipated that project design will be completed by Summer 2011 and construction will begin in Fall 2011. CONCLUSION Staff recommends that the Town Council authorize the Town Manager to execute .a professional engineering design services contract with BKF Engineers Inc. in an amount not to exceed $87,877. PAGE 3 AUGUST 2G, 2010 MAYOR AND TOW- N COUNCIL SUBJECT: PPW JOB N0, 10 -05 —BLOSSOM-HILL ROAD IMPROVEMENTS (CHERRY BLOSSOM LANE TO CAMNO DEL CERRO) 471- 812 -0111 ENVIRONMENTAL ASSESSMENT; This is a project as defined under CEQA but is Categorically Exempt (Section 15301 c). A Notice of Exemption will not be filed, FISCAL IMPACT There are sufficient fiends available for this project as demonstrated in the table below. Available &pendedl Proposed Budget Ihcumbere.d Contract T+� 2010/11 Funding To bate Amount 471 - 812 -0111 $ 90,000 $ - $ 87,877 TOTAIS S H400 • 87, 877 �•aec`ve.'?_2�i;,u` _:ar =:p: v,rla:, 'lif;. c."^"L,e Flrr_`:E_r:,.•n'!�?c;:t . •• , Tr:F _ ,.... > r fir= ': �ti .._:ill ?t}6`...._�`, !,_ (���Jj��,� 1 _,i.U�Y�i%i...� i. .:3,1L:•_� �,,•r _ — ':�i3., .. Irii4 :x('r.'n -s.: � ,ie)�: �1n =='� .. _" Des ign $ 87,877 TOTALS S , 87,877 Attachments: 1. Consultant Proposal THIS PAGE INTENTIONALLY LEFT BLANK Attachment 2 AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES This AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is entered into this the day of , 2011, by and between the TOWN OF LOS GATOS, State of California, herein called "Town," and BKF ENGINEERS INC., herein called "Consultant." RECITALS A. Town and BKF Engineers Inc. entered into an agreement for design consultant services on September 7, 2010 ( "Agreement "), a copy of which is attached (Attachment 1) hereto as and incorporated herein by reference. B. Consultant will provide additional construction support and design services which were not included in the original contract, in connection with this project. AMENDMENT I. The Agreement is hereby amended to provide additional construction support and design services for this project in accordance with this Amendment as shown on the letter from BKF Engineers Inc. dated November 30, 2011 (Exhibit A), attached hereto and incorporated herein by this reference at a cost not to exceed $40,924. 2. Time of Performance; The service period of the consultant agreement shall be extended to December 30, 2012. 3. All other terms and conditions of the Agreement dated September, 2010 remain in full force and effect. IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment to the Agreement for Consultant Services as of the date indicated on page one. Town of Los Gatos, by: BKF Engineers Inc., by: Greg Larson, Town Manager Department Approval: Todd Capurso Director of Parks and Public Works Approved as to Form: Judith Propp, Town Attorney THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A November 30, 2011 Town of Los Gatos Parks & Public Works Department 41 Miles Avenue Los Gatos, CA 95031 Attn: Kevin Rohani, P.E., Town Engineer RE: PROJECT #10 -05 BLOSSOM HILL ROAD IMPROVEMENTS CONSTRUCTION ASSISTANCE AND SURVEY STAKING Kevin: Thank you for the opportunity to present this proposal for engineering and surveying services through the next phase of work on the Blossom Hill Road Improvements Project (Project). As the Project enters the construction phase of work, BKF Engineers (BKF) will provide construction assistance and support and surveying staking to the Town of Los Gatos.. For the construction assistance and support services, BKF's Project Manager will be responsive to the Town's request to attend required meetings, and be available to answer RFI's, review submittals and shop drawings and provide drawings or supplemental information for construction facilitation. At the conclusion of the construction project, BKF can modify the design plans with the contractor's red -lined mark -ups in order to provide Project as -built documents. The scope of services for construction staking is as follows and is based on the Project plans dated October 7, 2011 and prepared by BKF; Control — BKF will expand the existing horizontal and vertical control to provide project Bench Mark, Rough Grade/ Demo — BKF will provide stakes for the rough grading and demolition. These points will be set at approximately 2 feet from the saw cut line in the existing pavement will include cut / fill information to the top of curb and /or finish grade elevation. Finish Grade Stakes — BKF will provide stakes for finish grading. These points will be set at all angle points, BCs, ECs, Radius points, grade breaks, and conform points; and will include cut / fill information to the top of curb and /or finish grade elevation. Storm Drain — BKF will provide stakes for the installation of the storm drain system. These stakes will be placed on a predetermined offset to the line and to each structure (2 stakes per structure) and will include cut information to the invert of the line as well as to the rim of structures. JOW recn €larogy Ur[ve, quite 'M o San Jose, GA 95110 T. (408) 467.9100 o F. (406) 457 -9199 BRF Fire Hydrant/ Back Flow Preventer — BKF will provide staking for the installation of Fire Hydrant and back flow preventer these will include cut /fill Information to finish grade and /or grades provided in civil drawings. Lighted Crosswalk — BKF will provide stakes for mastarm poles at lighted crosswalk. These points will include cut / fill information to the top of curb and /or finish grade elevation. EXCLUSIONS The following items are specifically excluded from this proposal. If sufficient time Is given, fees for these items will be provided prior to start of services. 1. Topography checks and calculations of quantities for site balance or removals 2. Re- staking 3. Landscaping 4. Decorative paving 5. Irrigation 6. Sign location f NOTIFICATION It is understood whenever the contractor on the job needs survey staking services done, they will make an attempt to schedule such services in 4 -hour increments per scope item in order to reduce unnecessary travel time. They will also attempt to provide the surveyor with a minimum of 48 -hour notice before such service is to be performed. i EXTRA STAKING If re- staking or additional services are required after BKF has set the proposed stakes as indicated in the proposal, the client will assume the cost of said re- staking. Service designated as extra will be billed at surveyor's hourly rates per the prevailing BKF Engineers rate schedule. Based on the above scope services, BKF will provide the following services on a not to exceed time and materials basis for the following amounts: Construction Assistance Support $ 3,886 Record Drawings $ 3,684 Construction Staking $ 32,900 Plotting, Printing and Deliveries 454 Total $ 40,924 1650 Technology Drive, Suite 650 * San Jose, CA 95110 T. (408) 467 -9100 e R (406) 467 -9199 Should any .additional services be requested or required which are beyond the services described herein, BKF RX will notify the Town and obtain approval prior to commencing any additional work task. All fees, including our base services and additional work, shall be paid on a time and material basis in accordance with our attached Professional Personnel Service Fees schedule. BKF appreciates the opportunity to provide this proposal to the Town of Los Gatos and looks forward to continuing its successful with the Town. If you have any questions or require additional information, please feel free to contact me at (408) 467 -9100. Very truly yours, BKF ENGIN RS f s N al a V. Bernard rinc' al and Vice '1650 Technology Drive, Sete 650 o San Jose, CA 95110 T. (408) 467 -9106 o F. (408) 467.9199 ENGMER5 /SURVEYORS /PLANNERS PROFESSIONAL PERSONNEL SERVICE FE ES PERSONNEL ENGINEERING Associate Project Manager Engineer IV Engineer'I, II, III PLANNING Planner I, II, III SURVEYING Associate Project Manager Surveyor I, II, III, IV Survey Party Chief Survey Chaiuunan Apprentice I, II, III, IV Instrumentman DESIGN AND DRAFTING Technician 1, II, III Drafter I, II, III, IV Student Engineer /Surveyor CONSTRUCTION ADIVIINISTRATION Senior Construction Administrator Resident Engineer Field Engineer I, 11, 111 HOURLY RATES $167.00 $158.00 - $163.00 $146.00 $104.00 - $119.00 - $136.00 $104.00 - $119.00 - $135.00 $167.00 $158.00 - $163,00 $104.00 - $119.00 - $ 136.00 - $146.00 $131.00 $103.00 $54.00 - $75.00 - $85.00 - $96.00 $115.00 $99.00 - $107.00 - $116.00 $77.00 - $85.00 - $94.00 - $103.00 $55.00 SERVICES AND EXPENSES Project Assistant Clerical/Administrative Assistant Principals' time on projects is chargeable at $193.00- $2.15.00 per hour. $155.00 $113.00 $104.00 - $119.00 - $136.00 $67.00 $57.00 Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers will be billed at cost plus 10 %. Such cliarges 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 be charged at 0.833% per month on past due accounts. Expert witness/litigation rates are available upon. request.