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oS �F COUNCIL AGENDA REPORT
DATE: DECEMBER 4, 2012
MEETING DATE: 12117/12
ITEM NO: ! a
TO: MAYOR AND TOWN COUNCIL �!
FROM: GREG LARSON, TOWN MANAGER ✓ /Gv �L� --
SUBJECT: PPW JOB NO. 10 -17 - ALMOND MZOVF CTRP.PT RFUdRTY r
ACCEPT THE STAFF REPORT ON THE REHABILITATION OF STREETS
IN THE ALMOND GROVE AREA
RECOMMENDATION:
Accept the staff report on the rehabilitation of streets in the Almond Grove Area,
BACKGROUND:
During consideration of the 2010 -16 Capital Improvement Program, the Town Council made an
inquiry with regard to the funding being proposed for an analysis of the condition of streets in
the Almond Grove area. The Council requested that staff include streets outside the Almond
Grove Historic District and also include the Broadway District as well as streets west of the
Almond Grove neighborhood.
In March 2011, staff submitted a report to Council regarding the condition of streets in this
expanded Almond Grove area. The report not only included condition information for each
individual street, but also a range ofrecommended treatments and associated costs.
The streets in the Almond Grove area are constructed of both concrete and asphalt. 'There are 10
streets adjacent to the core downtown area with a concrete surface (e.g. Bachman, Tait, Massol,
Broadway) and 21 streets with an asphalt surface in the upper part of the Almond Grove area
(e.g. Alexander, Belmont, and Hernandez.) The conditions of these streets have deteriorated
over the past decades to the point that normal street resurfacing is not an option in order to make
improvements to these concrete streets. These streets are all shown on the Almond Grove
District Street List (see Attachment 1).
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Assistant Town Manager Town Attorney�Finance
r:WMNi AG- MFVT;COUNCILTOUNM REPORTSM12 Repo 421712'UmoadGruve.iveei ReluE Vpdert ion
ATTACHMENT 7
PAGE 2
DECEMBER 4, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO 10 -17 — ALMOND GROVE STREET REHABILITAATION
PROJECT UPDATE
ACCEPT THE STAFF REPORT ON THE REHABILITATION OF STREETS
IN THE ALMOND GROVE AREA
BACKGROUND (cont'd.):
In March 2011, staff presented the Town Council with an update on the condition of the Almond
Grove area street infrastructure and a comprehensive program to reconstruct and rehabilitate
these neighborhood streets. The estimated cost to rehabilitate the Almond Grove area street
infrastructure was approximately $19 million. At that time, the majority of streets in the Almond
Grove area were within the Town's Redevelopment Area (RDA) and staff identified funding in
both the Town RDA Budget and regular CIP Budget as a starting point to begin the
reconstruction of these streets.
Minimal street reconstruction work has been performed on the concrete streets in Almond Grove
area over the last several decades for two primary reasons. The first is that concrete streets do
not lend themselves to preventive maintenance treatments compared to asphalt streets. Concrete
streets are typically repaired by removing and replacing entire sections of roadway. Over the
years, this can create a patchwork effect, which can be seen on many of the streets in the area,
particularly those streets that have experienced extensive utility replacement work. The second
reason has been funding constraints. Concrete streets are not good candidates for preventive
maintenance, so the only method by which the streets can be rehabilitated is through complete
reconstruction. This is a relatively expensive proposition when compared to the preventive
maintenance activities associated with asphalt construction. Due to the age and condition of
these concrete streets, nearly all of these streets in the Almond Grove area are now in need of full
reconstruction. Most of the streets in this area are approximately SO years old and the condition
of these streets has deteriorated over the years, resulting in base failures, uneven surfaces, cracks,
and separation.
In addition to the poor condition of the concrete streets, the curbs, gutters, and sidewalks have
also deteriorated. The curbs, gutters, and sidewalks in the Almond Grove Area were not built to
current concrete construction standards. They, are constructed of a thin concrete face, directly on
a gravel and dirt base. The curbs and sidewalks have a high amount of cracking and uplift by tree
root growth. In recent years, the Town has had to allocate a higher than average amount of
resources for patching cracks, grinding surfaces, and replacing entire sections of sidewalk in this
area due to the deteriorating condition.
DISCUSSION:
In early 2012, the State took legislative action to end redevelopment agencies, which was the
primary intended funding source for Almond Grove concrete street reconstruction. Staff has
been working over the past year to address the loss of RDA funding and its impacts on
associated Town projects. In summer 2012, a Successor Agency to the Tow'n's former
Redevelopment Agency was formed as required by state law and various funding options have
been evaluated to address former redevelopment related projects.
PAGE 3
DECEMBER 4, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 10 -17 —ALMOND GROVE STREET REHABILITATION
PROJECT UPDATE
ACCEPT THE STAFF REPORT ON THE REHABILITATION OF STREETS
IN THE ALMOND GROVE AREA
DISCUSSION (cont'd.):
While the issues regarding the Town's former Redevelopment Agency were being resolved, staff
acted proactively to include asphalt streets in the upper part of Almond Grove area (e.g.
Pennsylvania, Hernandez, Chestnut, Laurel, Madrone, Overlook) that were outside of the Town's
RDA boundaries in the annual street resurfacing project, and half of these streets were resurfaced
in summer 2012. The remaining asphalt streets will be included in the summer 2013 street
resurfacing project. This resurfacing work (cape seal) is funded by the Town's regular C1P
Budget. The above mentioned streets did not require full reconstruction like the concrete streets
closer to the core downtown area. By the end of summer 2013, a total of 21 asphalt streets in the
Almond Grove area will have been resurfaced at a cost of approximately $900,000. This cape
seal resurfacing approach on the asphalt streets resulted in substantial cost savings in place of
conventional asphalt overlay for the Town.
The reconstruction of the remaining 10 concrete streets in the neighborhood is more complex
because there are many factors that need to be evaluated and considered for this project. The
Almond Grove and Broadway districts are classified as historic areas. According to the Town
Code, the street surfaces in this area should remain of concrete construction to retain the historic
character of the area. The Town Council may make changes to the codes and policies, as
necessary, and it may require Council to reassess the construction materials used on the streets in
these areas.
The cost of construction associated with concrete streets has historically been higher than that of
asphalt streets. The December 2012 cost estimate to reconstruct these streets with concrete is
$13.8 million as opposed to $11.8 million with asphalt, making concrete approximately 17%
more expensive than asphalt.
The multiple phases of construction and neighborhood impacts are other key points that should
be considered. Most houses in the neighborhood have very limited garage facilities and on- street
parking, so convenient access to streets is important to these residents. The construction of a
concrete street will take almost twice as long as an asphalt street. Additionally, during
construction on- street parking and access will be severely limited. In past years the Town has
worked closely with residents and merchants to minimize inconveniences due to construction
projects in and around downtown and will do so in the reconstruction of concrete streets in the
Almond Grove area. There are many details yet to be resolved to ensure the project is
constructed expeditiously and with the least amount of inconvenience to the public.
The long -tern maintenance cost for a concrete street will be less than an asphalt street. However,
over time, as new utility service connections for the house remodels/construction are completed,
it will require cutting into the new street section and patching the street afterwards. The patches
will be more visible on concrete streets, as seen today with an assortment of utility trench cuts
and patches in the neighborhood. On asphalt streets such utility trench cuts can be resurfaced and
look similar to the existing asphalt surface.
PAGE
DECEMBER 4, 2012
MAYOR AND TOIAW COUNCIL
SUBJECT: PPW JOB NO. 10 -17 — ALMOND GROVE STREET REHABILITATION
PROJECT UPDATE
ACCEPT THE STAFF REPORT ON THE REHABILITATION OF STREETS
IN THE ALMOND GROVE AREA
DISCUSSION (cont'd.):
If funding for the Almond Grove Street Reconstruction project is allocated and the Town
Council approves this as a Capital Improvement Project, staff will hold neighborhood meetings
to discuss various project options and solicit input as to the preference of the neighborhood on
concrete versus an asphalt street and report backto the Town Council.
CONCLUSION:
Staff recommends that the Town Council accept this report and provide input to staff regarding
this project.
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:
The estimated cost to reconstruct concrete streets in the Almond Grove area is approximately
$11M to $14M in today's dollars. As staff prepares the 2013114 - 2017118 CIP Budget, funding
from a variety of sources may be available to fund some portion of the identified improvements,
even with the State and County taking the previously budgeted Redevelopment funds. The
reconstruction of streets in the Almond Grove area will likely need to be a multi -phase project
according to the funding that may be allocated. Council discussion of and direction on potential
phasing will aid in preparation of Capital Budget alternatives for Council consideration at the
January 22, 2013 Capital Project Priorities and Funding Study Session.
Attachments:
1. Almond Grove District Street List
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MEETING DATE: 12/16/13
ITEM NO:
nor sto COUNCIL AGENDA REPORT
DATE: DECEMBER 2, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 13 -31 — ALMOND GROVE STREET REHABILITATION
PROJECT 811 -0003
A. AUTHORIZE THE TOWN MANAGER TO EXECUTE A CONSULTANT
DESIGN SERVICES AGREEMENT WITH NICHOLS CONSULTING
ENGINEERS FOR THE ALMOND GROVE STREET REHABILITATION
PROJECT IN AN AMOUNT NOT TO EXCEED $298,500.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSULTANT DESIGN SERVICES AGREEMENT AS
NECESSARY IN AN AMOUNT NOT TO EXCEED $30,000.
RECOMMENDATIONS:
1. Authorize the Town Manager to execute a consultant design services agreement with
Nichols Consulting Engineers for the Almond Grove Street Rehabilitation project in an
amount not to exceed $298,500.
2. Authorize staff to execute future change orders to the consultant design services
agreement as necessary in an amount not to exceed $30,000.
BACKGROUND:
The streets in the Almond Grove area are constructed using concrete and asphalt materials.
There are 10 streets adjacent to the core downtown area with a concrete surface (e.g., Bachman,
Tait, Massol, Broadway) and 21 streets with an asphalt surface in the upper part of the Almond
Grove area (e.g., Alexander, Belmont, and Hernandez.) Most of the streets in this area are
approximately 80 years old and the condition of these streets has deteriorated over the years,
resulting in base failures, uneven surfaces, cracks, and separation. In March 2011, staff presented
the Town Council with an update on the condition of the Almond Grove area street infrastructure
and a program to reconstruct and rehabilitate these neighborhood streets.
The majority of streets in the Almond Grove area were within the Town's former redevelopment
area. In early 2012, the State of California took legislative action to end redevelopment
agencies, which was the primary intended funding source for Almond Grove
PREPARED BY: MATT MORLEY
Director of Parks and Public Works //
Reviewed by: r)J Assistant Town Manager Town Attorney _Finance - -__
N.' PPW\ MANAGEMEN7ICOUNCIL \COUNCILREPORTS12013 Repots \121613 \13 -31 Almmw Gmvestcahehab.&CX
PAGE
DECEMBER 2, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 13 -31— ALMOND GROVE STREET REHABILITATION
PROJECT 811 -0003
BACKGROUND (contM:
concrete street reconstruction. Staff has been working over the past year to address the loss of
Redevelopment Agency (RDA) funding. In summer 2012, a Successor Agency to the Town's
former RDA was formed as required by State law, and various funding options have been
evaluated to address former redevelopment related projects.
While the issues regarding the Town's former RDA were being resolved, staff acted proactively
to identify funds for the asphalt streets in the upper part of the Almond Grove area (e.g.,
Pennsylvania, Hernandez, Chestnut, Laurel, and Overlook.) This work was completed by the
end of summer 2013, successfully resurfacing all 21 asphalt streets in Almond Grove.
The reconstruction of the remaining 10 concrete streets in the neighborhood is more complex
than a simple resurfacing because of the poor condition of the streets. In addition to the streets,
the curbs, gutters, and sidewalks have also deteriorated. The curbs, gutters, and sidewalks in the
Almond Grove area were not built to current concrete construction standards, but rather are
constructed of a thin concrete face, directly on a gravel and dirt base. As a result, the curbs and
sidewalks have a significant amount of cracking and have been uplifted by tree root growth and
aging. These conditions mean that the concrete streets in the Almond Grove area are now in
need of full reconstruction.
The Almond Grove and Broadway areas are classified as historic districts. To comply with the
Town Code, the street surfaces in these districts should remain concrete construction to retain the
historic character of this neighborhood.
DISCUSSION:
An analysis and value engineering for the reconstruction of concrete streets in Almond Grove
was performed in spring 2013 and it has been determined that a reconstruction cost of all 10
streets in this neighborhood will exceed $13 million. Because of the high cost of reconstruction,
this project will span multiple years and be completed in phases to utilize the funding that is
available. The $4 million funding that has already been allocated in the FY 2013 -14115 Capital
Improvement Program Budget will provide enough funding to reconstruct the first phase of this
neighborhood street reconstruction project, which will include Tait Avenue, Bachman Street, and
Broadway Avenue. These 3 streets are the most heavily used streets in the Almond Grove
district, are in worse condition than the rest of the streets in the neighborhood, and constitute the
access "backbone" for the neighborhood. Staff will continue to look for other sources of funding
(i.e., grants) to supplement any future funding that may be allocated by Town Council in the
coming years to reconstruct additional streets in this neighborhood.
PAGE
DECEMBER 2, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 13 -31 —ALMOND GROVE STREET REHABILITATION
PROJECT 811 -0003
DISCUSSION (cont'd):
Staff held a neighborhood meeting on October 17, 2013, with residents of the Almond Grove
area to discuss the upcoming Almond Grove Neighborhood Street Reconstruction Project and to
provide an update about the project design, and gather input from the residents on the project
construction. The meeting was attended by approximately 56 residents. At the meeting,
consensus was reached on the phased project approach and staff presented the prospects of
funding for future phases.
This street reconstruction project has many details including construction phasing, driveway
access, on- street parking, trees and planters, all of which will be addressed during the design
phase over the upcoming months. Engineering staff will hold a follow -up neighborhood meeting
in spring 2014 with the area residents to present the actual design concept and preliminary plans
to ensure that resident questions and input have been addressed. In past years, the Town has
worked closely with residents and merchants to minimize inconveniences due to construction
projects in and around downtown and will continue to do so in the reconstruction of concrete
streets in the Almond Grove area.
In preparation for starting the design of this project, staff prepared a request for proposal and sent
it to seven (7) qualified civil engineering consultants who had performed similar design in
historic neighborhoods for other municipalities. On October 16, 2013, staff reviewed the project
scope and details with interested consultants at a pre - proposal meeting. On November 4, 2013,
the Town received proposals for the design of this project from the firms BKF Engineers Inc.,
and Nichols Consulting Engineers. Staff reviewed the proposals and determined that only the
firm of Nichols Consulting Engineers best fulfilled the project requirements and was best
qualified to perform the design of this project.
Staff conducted a follow up interview and discussion with Nichols Consulting Engineers on
November 19, 2013. Staff believes that Nichols Consulting Engineers has a thorough
understanding of this project and its unique features and that this firm is best suited to conduct
the design for this project. This firm has designed a number of similar concrete streets and
structure projects in San Francisco, Sacramento, and other locations nationwide. In addition,
Nichols Consulting Engineers has the lowest design fee for the project. The following is the
design cost as proposed by each firm:
Nichols Consulting Engineers $298,500
BKF Engineers Inc. $343,541
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a consultant
design services agreement with Nichols Consulting Engineers in an amount not to exceed
$298,500.
PAGE 4
DECEMBER 2, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 13 -31— ALMOND GROVE STREET REHABILITATION
PROJECT 811 -0003
CONCLUSION (cont'd):
Furthermore, due to the variables associated with this unique type of project, it is further
recommended that the Town Council authorize staff to execute future design change orders to
the agreement in an amount up to $30,000 for additional design and analysis.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to Sections 15301 (c), 15303(e) and 15304(b) of
the State CEQA guidelines.
FISCAL IMPACT:
There are sufficient funds available for this project as demonstrated by the table below.
..__ -- -- --
1 , Budget ' Encumbered! r I ou ac
Y2013 /14 Fiscal Lnpuct _I Fun�ng To Date i it Amotmt
111. 811 -0003 ($ 537,952 $ 1891 $ 328,500
rpTAL ; $ 537,952 $ 189 ! S 328,500
$ 298,500 :
_... —
.- ...30,000. .
CLEkK DUARTMENT
AGREEMENT FOR CONSULTANT SERVICEtPr1 --1A LQ-a -----
THIS AGREEMENT is made and entered into on December 17, 2013 by aetn TnwN nom_..._
LOS GATOS. a California municipal corporation, ( "Town ") and NICHOLRAW 1+TS
ENGINEERS, ("Consultant " }, whose address is 501 Canal Blvd., Suited, PkisbRichtnond
94804. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide consulting services for the purpose of the
Almond Grove Street Rehabilitation Project #13 -31, in the Town of Los Gatos.
1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant
to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
11. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Request for
Proposal sent to the Town on November 4, 2013; which is hereby incorporated by reference
and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from January 2, 2014 to
June 30, 2016. Consultant shall perform the services described in this agreement as
follows_ Preparation of plans, specifications, and cost estimate for the Almond Grove Street
Rehabilitation Project:
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 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town's property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and the
Consultant shall not make any of the these documents or information available to any
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
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.
16 Compensation. Compensation for Consultant's professional services shall not exceed
$298,500 for the agreement. The Town is authorized to execute future design change orders
to the agreement, as approved by the Town, in an additional amount up to $30,000 for
additional design related services as determined by the Town. Payment shall be based
upon Town approval of each task.
2.7 Billin . 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 bywhom
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 bouts upon written request of the Town.
2.9 Assiggability and Su contracting. 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
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.
2.1.2 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 injury, personal injury and property damage.
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 $ t,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
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 tern 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.
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 less 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 Nichols Consulting Engineers
Attn: Town Clerk Attn: J. Ryan Shafer, PE, GE
110 E. Main Street 501 Canal Blvd., Suite 1
Los Gatos, CA 95030 Point Richmond, CA 94804
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.
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
Recpmme�n ed by:
Matt Morley
Director of Parks and Publi Orks
Approved as to Form:
Robert Schultz, Town t ney
Consultant, by:
I °'}✓x7— dTcry'ltyP✓
Title
NICHOLS CONSULTING ENGINEERS, Child.
Engineering and Environmental Services
501 Canal Blvd., Sufte 1 - Point Richmond, CA 94804 -510.215.3620 • FAX 510.215.2898
Mr. Kevin Rohani, P.E.
Town Engineer
Town of Los Gatos
Parks & Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
November 4, 2013
Proposal No. 013.20.43
RE: Request for Proposal for Preparation of Plans, Specifications, and Cost Estimate for Almond
Grove District Reconstruction (Town Project # 13 -31)
Dear Mr. Rohani,
Thank you for inviting Nichols Consulting Engineers, Chid. (NCE) to submit this proposal for the
Preparation of Plans, Specifications, and Cost Estimate for Almond Grove District Reconstruction
Project. The Town is embarking on the first phase of a significant project to replace old concrete
streets with new concrete in the very historic Almond Grove District. This project will be front stage
under the watchful eye of the community and will require excellent delivery both during construction
and over the long term, with the performance, appearance, and function of the pavements being
under neighborhood scrutiny. We have been waiting, listening, and planning for this RFP since 2011,
when we originally completed our conceptual design study for the Town on this project, and can offer
the Town the following:
NCE has maintained a longstanding relationship with Town staff and has previously
completed the conceptual design study for this project. This has provided us with an in depth
understanding of the key issues and potential solutions to address the project needs. Further,
NCE possesses the local technical pavement and civil design knowledge, the costing
experience, and is intimately familiar with what is important to the Town staff, community, and
council (described further in our proposal). You will not have to spend time getting us up to
speed, we are already there, and are ready to go.
Technically we are unrivaled in pavements and civil design; we are actively conducting
research on pavements for the Federal Highways Administration and various state
Departments of Transportation and have done so for over 20 years. NCE has worked on
pavement research and design topics with over 250 public agencies in California and the
Western United States. We have Tom Van Dam, Ph.D., P.E. on our staff, who is a nationally
recognized authority and researcher in concrete pavements and materials and will be
dedicated to and advise our team on the latest concrete pavement designs, mixtures, and
construction methods.
NCE has provided civil and pavement design services on 100's of roads, from local streets to
interstate highways; this is what we do and it's our strength. Our design plans include all
aspects of roadway design, including pavements, sidewalks, curb and gutters, driveways,
curb ramps, drainage and utilities. We are going to make sure that the right concrete
pavement technology is deployed giving you superior performance and long - lasting
aesthetic value through evaluation of concrete mixture designs, joint spacing, construction
methodology, and curing time, tailoring the application to local conditions and needs.
We know, this project will be directly in front of the community and will work carefully with
the Town to develop construction staging (maintaining parking), material specifications
(faster curing concrete), and methodologies to reduce the inconvenience to the public and
how they access their homes. We will also work alongside the Town and community as
needed on the look and feel of the concrete to match the historic nature of this district.
L In
LF Collaboration. Commitment. Confidence an 1
EXHIBIT A
N
NICHOLS CONSULTING ENGINEERS, Chtd.
Engineering and Environmental Services
501 Canal Blvd., Suite I • Point Richmond. CA 94804 • 510.215.3620 • FAX 510.2152898
• Cost is always key and NCE's expertise in pavement technology allows us to identify proven
techniques that are not only cost - effective, providing the best value over the life cycle, but
also include sustainability attributes that will reduce greenhouse gas emissions and energy
consumption while supporting value to the community throughout the life of the project.
Based upon our recent cooperation with the Town, we are confident that NCE will deliver a successful
design that not only meets, but exceed the Town's expectations as well as those of the residents and
businesses impacted by the projects. We are very appreciative of the working relationship we have
had with the Town and look forward to the possibility to continuing the relationship. Should you have
any questions regarding our proposal, please do not hesitate to call me at (510) 215 -3620.
Sincerely,
Nichols Consulting Engineers Ch/td.�
% . Ryan afer, PE GE
G� Project Manager / Division Manager
Collaboration. Commitment. Confidence sn 2
Town of Los Gatos
Preparation of Plans, Specifications, and Cost Estimate
a
For Almond Grove District Reconstruction (413 -31)
Scope of Services
The purpose of our engineering services will be to provide geotechnical, pavement design, and civil
engineering services to develop construction documents (plans, specifications, and estimates) for the
reconstruction of the three subject streets. To accomplish the stated purpose we propose the
following scope of services:
Task A— Project Start -up & site Investigation.
A1) Project Kick -off. Progress Meetings, and Project Management:
NCE's Project Manager will arrange a Kick -Off Meeting with all of the involved stakeholders to initiate
work on the project. The objectives of the Kick -Off Meeting will be:
• Review of the scope of work
• Establish lines of communication
• Establish project schedule and milestones
• Define design and operation criteria
It is critical to establish effective lines of communication with, and coordination amongst, the various
project stakeholders from the start of this project. These may include, but are not limited to, Town
staff (Engineering, Maintenance, Town Arborist, etc.), and third party utility and other service
providers and area residents. To the extent that any construction conflicts or requirements and/or
design issues can be identified early on, this will significantly help to minimize delays (and costs)
later in the design process or during construction. Additionally, at the Kick -Off Meeting, the key
deliverables and schedule for each task will be reviewed and adjusted accordingly to meet the
Town's needs.
Throughout the project, NCE staff will make itself available to attend meetings with the Town
including one concept design meeting, one design development meeting, three construction
document design review meetings, and two post design meetings during bidding and construction.
The purpose of these meetings will be to identify and resolve any design issues that may surface in a
timely manner, present design alternatives and recommendations thereon to Town staff, and continue
coordination with project stakeholders as necessary.
In addition as part of this task we have included time for project management including but not
limited to project start -up administrative tasks, setting up files and procedures, preparing
subconsultant contracts, developing schedules, communication with the project team and Town,
developing project invoices, confirming schedules, and managing subconsultants.
A2) Data Gathering
NCE will review relevant available data and records from the Town including aerial photographs of
the Town, GIB layers, any preliminary plans for future work that may conflict with this project, as -built
plans from public and private utility providers, and other sources that may be appropriate to support
the preparation of project contract documents. The gathered information will be compiled and
included in the base map used for design in addition to the topographic surveys that will be
completed in the following task. Based on our review we will identify any data gaps or missing
information and provide this information to the Town for review and discussion.
A3) Topographic Sui veyino:
After collection and review of existing available data, NCE's Project Surveyor, Sierra West Land
Surveying, Inc., will perform topographic survey of the site that will include street cross section data,
surface feature data, and surface visible utilities for all of the three subject streets within street right of
0 Collaboration. Commitment. Confidence? 3
Town of Los Gatos
7 Preparation of Plans, Specifications, and Cost Estimate
For Almond Grove District Reconstruction ( #13 -31)
way (approximately 5 feet back of walk to 5 feet back of walk). Mapping will incorporate field
acquired topographic mapping, right of way data and utility data from record sources.
Typical street cross section data will be gathered at approximately 80 foot intervals and include
grade breaks. The mapping will be prepared at a scale of I" = 20', with contours at 1 foot intervals.
The survey will locate and show existing structures, fences, walls, utility covers and surface visible
public utilities including electrical facilities, telephone facilities and overhead power lines, curbs,
walks, driveways, trees over 6" diameter with trunk diameter and type of tree, signs and any other
notable feature which includes intersection data at the ends of each street. If provided, record data
for electrical, telephone and gas will be shown.
Right of way lines will be shown for each of the streets from record data and confirmable if possible
from found existing street monuments. The adjoining property lines for each of the property side
lines will be shown from assessor data only. This information will not be considered a boundary
survey of any of the properties only an indication of a line of possession in that area.
Depths of the manhole structures for the storm drain systems will be measured for each street. If
possible, measurements will also be acquired at area drains and street catch basins. We will show on
the completed map, invert and flow Ime data for existing storm drain systems including direction of
lines. If confirmable from field observation, storm lines will be shown connected to their respective
utility structures.
A4) Site Evaluations:
Preliminary site evaluations will be performed immediately following the kickoff meeting to complete
a visual inventory of the existing street conditions and potential off street impacts. We will gather all
available information and perform field inspections to j #
verify general site conditions, review pavement -'
conditions, and note other field issues such as access, gaak..
tree root uplift, parking, ADA compliance, and any
other important field constraints. We would also
propose meeting with the Town's arborist to discuss
criteria for tree root mitigation and identifying trees
that may need to be removed.
A5) Permitting and Regulatory Compliancy.:
NCE will provide confirmation that the proposed project activities are covered under the NPDES
Construction General Permit, and prepare a brief memo outlining the requirements. This task does
not include preparation of any permitting documents that may or may not be required, including a
stormwater pollution prevention plan (SWPPP). We can discuss this further and if appropriate NCE
can prepare the SWPPP for additional scope and fee.
A6) Geo technical lnvestigaLion and Pavement Design:
NCE will need to gather important geotechnical information to confirm the existing pavement section
and subgrade soil engineering properties. This will not only allow for us to develop more accurate
concrete pavement sections designs but also to assess and appropriately address potential
problematic subgrade with improvement or mitigation measures (i.e. over - excavation and
replacement, reinforcement with geotextiles, lime treatment, etc.), and include important
contingencies and /or revocable bid items.
We know that the City has record coring data for measurements of PCC thickness for the subject
streets, but this information does not include subgrade data and therefore additional coring with
subgrade samples will need to performed. NCE will collect pavement section core samples (4" — 8"
diameter cores) along all three street sections at locations determined by NCE. Prior to marking the
Collaboration. Commitment, Confidence.sm 4
.�,tl�lL Town of Lo Gatos
�� Preparation of Plans, Specifications, and Goat EsJunale
For Almond Grove District Reconstruction (# 13 31)
proposed core locations, NCE will review the coring plan with the Town in the field if desired. All
coring locations will be marked with white paint for utility location by Underground Service Alert
(USA). NCE currently plans on performing four (4) pavement cores for Tait Avenue, three (3)
pavement cores for Bachman Avenue, and two (2) pavement cores for Broadway Avenue. The coring
will be conducted by a two - person crew using a rotary coring rig and we anticipate coring can be
completed within one day. NCE will also arrange for traffic control services through a subcontractor,
ED Safety Services, while the deflection testing takes place. Traffic control will conform to the latest
standards contained within the Manual of Uniform Traffic Control Devices (MUTCD) Part VI and the
Caltrans Traffic Manual Chapter 5 '"Praffic Control for Construction and Maintenance Work Zones ", as
well as any local requirements that exist.
For each core sample, NCE will measure and record the thickness and material type of each layer
encountered in the pavement structural section, including the presence of any pavement reinforcing
fabric. We will also collect bulk samples of subgrade materials at all core locations for laboratory
testing such as R- value, moisture content, and Atterberg Limits (plasticity index) determinations, and
corrosion to support new concrete pavement structural section designs. The core holes will be
backfilled with the excavated materials and capped with a controlled low strength concrete material.
As part of our geotechnical investigation we will also perform one (1) day of non - destructive
pavement deflection testing using NCE's Dynatest 8000 Falling Weight Deflectometer (FWD) to
backcalculate soil pavement section properties for pavement design. Deflection testing will be
performed with similar traffic control provided during pavement coring
NCE will then compile the coring and laboratory data to be used into developing our geotechnical
and pavement design report. Pavement design will be conducted following the procedures
described in the 1993 AASHTO Guide for Design of Pavement Structures. This design will be
checked using the mechanistic - empirical design provided in StreetPave 12 software for street and
road concrete pavement (.., , , ,,.:, t, „ ), As aforementioned we will also
provide fundamentally important recommendations on jointing and concrete mixture design
requirements as well address subgrade issues and stabilization, and consider important elements
such as curing and time to strength with respect to opening streets back to traffic and allowing access
to residents. Aesthetics to antique pavement will also be discussed but will be considered in more
detail during analysis and concept design. Drafts and final reports will be completed and submitted
to the Town as appropriate.
Task i4— Analysis and Concept Design
This will be an important task where we confirm the design concepts including pavement section,
overall design approach, phasing of work and construction, impacts to community, parking, as well
as the look and feel of the project and how it integrates into this historical neighborhood. We will
present concept designs such as pavement section, pavement grading, planter widening, bulb -outs.
Working with local concrete suppliers, NCE will develop concrete samples to look at the various
admixtures and pigments to help the Town develop the appropriate look, color, finish and feel of the
concrete. Bulb outs, speed bumps, and concrete texturing can also be explored for traffic calming.
We will also discuss sustainable solutions with the Town with consideration of low impact solutions
such as concrete pavers or pervious concrete in parking areas to reduce stomwater runoff and
reducing heat island affects that directly impact energy consumption, energy costs, air quality, and
health. Once concepts have been presented to the City conceptual design plans will be finalized with
the City with order of magnitude budget for proposed improvements. Based on final input provided
by the Town, NCE will incorporate comments and proceed into design development
Task C— Plans, Specifications & Estimates (PS &E)
The work that will be performed during developing design plans, specifications, and estimates
(PS &E) for design development (35% PS &E) and construction documents (55 %, 90 %, and 100 °% Final
PS &E) are outlined in the subsequent tasks.
Collaboration, Commitment. Confidences'^ g
nwr;
Town of Los Gatos
Preparation of Plans, Specifications, and Cost Estimate
For Almond Grove District Reconstruction ( #13 -31)
C!) 35 %PS &E:
Based on project start -up and site investigation tasks, the gathered information will he compiled and
included in the base map used for developing 35% (Design Development) Plans, Specifications and
Engineer's Cost Estimate (PS &E). Design development documents will include development of plan
sheets showing curb and gutter alignments, bulb -outs, typical cross sections, and preliminary
construction details. The preliminary design will be based on topographic survey data and typically
includes the following sheets:
1) Title Sheet
2) Notes, Legend, and Abbreviations
3) Site Plan - Existing Conditions
4) Demolition Plan
5) Improvement Plan and Profiles
6) Cross Sections
7) Civil Details
8) Striping Details
To assist the Town in making critical decisions on the proposed improvement scope and breadth, we
will also include probable construction costs, which will be refined into detailed construction
estimates during construction document submittals. Three copies of the 35% PS&E package will be
submitted to the Town for review for approval and approval to proceed to construction documents. It
is assumed that the City will require a 10 -day review /comment period once the 35% PS&E package is
submitted.
C2) 65 °o ME:
NCE will prepare the 65% (Construction Documents) PS &E for the planned concrete pavement
reconstruction as agreed upon in concept design. The 65% plans will incorporate schematic design
elements, depict concrete reconstruction for streets, sidewalks, and curb and gutter, tie -in with
intersecting side streets and end streets, ADA ramp improvements, planter widening, bulb -outs if
required, construction staging, limits of work, and details. Additionally, a table summarizing major
work items (e.g. PCC quantities, demolition and grading quantities, etc.) and their estimated
quantities will be developed and included on the respective plan sheets. We also find that this
information is particularly useful to contractors when assembling construction bids and schedules,
thus resulting in more competitive bids, and to the Town for verifying pay quantities during
construction.
The Technical Specifications will be prepared in MS Word format and will follow both the Town's
formatting conventions and will be in CSI format or Caltrans format based on the Town's preferences.
The Technical Specifications and details will reference the Town's standard provisions, Caltrans 2010
Standards (including subsequent updates), and the latest AASHTO and American Concrete Institute
Standards. NCE will, however, recommend deviating from these standards where, from our
experience, such changes will improve the likelihood of achieving a successful construction project
without compromising the integrity of the design. NCE recognizes the value of incorporating
Caltrans Standard Specifications in projects such as these, both because these specifications have
been developed by an agency that designs and builds a vast amount of highway work, and because
most contractors performing public works construction in Northern California are familiar with them.
Caltrans, however, has the resources to administer projects quite differently than most local
agencies, so NCE advocates modifying the Caltrans Standard Specifications to better fit the abilities,
needs, and budgets of municipal agencies.
NCE also believes that an efficient yet thorough Quality Control /Quality Assurance program is
essential for getting the maximum value out of every dollar spent on construction. Projects designed
by NCE therefore, contain technical specifications that attempt to optimize the balance between using
Collaboration. Commitment Confidences"
Atwp.
Town of Los Gatos
Preparation of Plans, Specifications, and Cost Estimate
For Almond Grove District Reconstruction (#13-31)
rigid, but time - tested, specifications and meeting local agency needs, with the ultimate goal of
obtaining the very best value for its clients.
The Engineer's Cost Estimate will be prepared in MS Excel format and will be based on the most
recent construction cost data available to NCE for projects of this type. Because of NCE's involvement
in the design and construction of numerous similar projects throughout the Bay Area, we are
confident in our ability to estimate the construction cost of the Town's project. This initial estimate
will then be updated and refined as the design effort progresses. Three copies of the 65% PS&E
package will be submitted to the Town for review. It is assumed that the Town will require a 10 -day
review /comment period once the 65% PS&E package is submitted.
C3) 90°-o PS &E.'
The 65% PS &E will be revised to incorporate comments received from the Town. NCE will meet with
the Town to review these comments, from which the 90% PS&E will be prepared. NCE will provide a
response to each comment that is included in a comment table provided by the Town. The 90% PS&E
will include additional design information and details typically expected at this stage of completion,
tMaa. ro.emd„e ow timn. such as utility facilities (storm
drain and sanitary sewer
manholes, water and gas
valves, and survey
monuments) that will require
adjustments jointing to
1, ) grade, traffic
striping, jointing layout and
details such as those depicted to the left around utility
covers, ADA ramps, and
pavement legends. The 90%
».�:.-. PS &E will then be packaged
and submitted similar to the
65% PS &E unless directed
x.,.., i.sw,�,n•m „n,,,une., wv vtmo:m„,,..,a,,,a w.d.wnammeRS�de,r�e,u otherwise.
The Technical Specifications will be further refined and at this stage of the design. We will review
and comment on the Town's front -end documents (bid and contract forms, General Provisions,
Special Provisions, etc.), which the Town will prepare and provide. The Engineer's Cost Estimate will
also be updated to reflect the revised quantities of work depicted on the plans.
It is assumed that the Town will require a 10-day review /comment period once the 90% PS&E
package is submitted.
C4) Final (100;6) PS &E:
The 90% PS&E will be revised to incorporate comments received from the Town. NCE will again
meet with the Town to review these comments, from which the Final (100 %) PS&E will be prepared.
NCE will provide a response to each comment that is included in a comment table provided by the
Town. The Final (100 %) PS&E will include all notes and details necessary for construction. Three
reproducible copy of the Final (100 %) PS &E will then be packaged and submitted similar to the 95%
PS&E unless directed otherwise. It is assumed that the Town will require a 5 -day review /comment
period once the Final (100 %) PS &E package is submitted.
Upon receipt of the Town's final review comments, the project documents will be finalized for bidding
purposes.
A— -- --
Collaboration. Commitment ConOdence.zn 7
81 Town of Los Gatos
Preparation of Plans, Specifications, and Cost Estimate
For Almond Grove District Reconstruction (# 13 -31)
A final quantity calculation will be tabulated and this will be entered into the final Engineer's Cost
Estimate for the project. All final documents will be reviewed, stamped and signed by NCE's Project
Manager, and the final PS &E will be delivered to the Town in both hard copy and electronic formats.
7`ask I) -- Bidding Support
NCE will provide the Town with assistance during the advertisement and bidding periods for the
project, two envisioned over 2014 and 2015 construction seasons. As aforementioned we will work
with our industry and contractor contacts to help advertise and get the word out to competent and
qualified general and concrete contractors. This will also include providing assistance to the Town in
attending the pre -bid conference, responding to questions received about the project design, and
preparation of any addenda and/or clarifications to the PS &E that are deemed necessary. NCE can
also assist the Town in determining the responsiveness of bids received, with checking and
tabulating bid results, and with developing recommendations for award of a construction contract to
the Town Council. We have assumed up to the staff hours specified in our detailed fee estimate for
the support during bidding; if additional effort is required beyond this, we will notify the Town.
Preliminary Fee /Cost Proposal
Per the RFP, the Preliminary Fee /Cost Proposal has been provided on the following page.
Collaboration. Commitment. Confidences"' 8
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