05 Staff Report.KPA Civic Upgrades - First Amendment with attachments
PREPARED BY: Dan Keller
Facilities & Environmental Services Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
DATE: May 30, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the
Agreement for Consultant Services with The KPA Group to Increase the
Compensation for Construction Administration for the Civic Center
Improvements (CIP 821-2117) in an Amount of $36,835 for a Total Contract
Amount of $132,835.
RECOMMENDATION:
Authorize the Town Manager to execute a first amendment to the agreement for consultant
services with The KPA Group to increase the compensation for construction administration for
the Civic Center Improvements (CIP 821-2117) in an amount of $36,835 for a total contract
amount of $132,835.
REMARKS:
On August 18, 2023, the Town executed an agreement with The KPA Group to develop plans
and specifications for the Civic Center Improvements (CIP# 821-2117). The original agreement
was for a total value of $96,000 and was executed by the Town Manager. The design provided
under the agreement included the development of construction documents for restrooms in
Town Hall that are compliant with the Americans with Disabilities Act (ADA), Human Resources
Department reconfiguration, and an ADA compliant entry ramp. The construction plan set has
been completed and Building Permits are ready to be issued. The project will be formally bid in
summer 2024.
This agenda item would enable The KPA Group to provide construction administration services
for the project given that they developed plans and specifications. The proposed agreement
amendment (Attachment 1) would add $36,835 for construction administration services,
increasing the total compensation to $132,835.
PAGE 2 OF 2 SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with The KPA Group for CIP 821-2117. DATE: May 30, 2024
FISCAL IMPACT:
The adopted Fiscal Year 2023/24 – 2027/28 Capital Improvement Program (CIP) Budget for this
project has sufficient funds for the amendment to the contract.
ENVIRONMENTAL ASSESSMENT:
In accordance with CEQA Guidelines Section 15378(b)(5), approval of this amendment is not a
project subject to CEQA because it is an administrative activity that will not impact the
environment.
Attachment:
1. First Amendment to Agreement for Consultant Services with Exhibit A (Original Agreement
and Original Proposal) and Exhibit B (New Proposal)
Budget Costs
GFAR 980,000$
Total Budget 980,000$
Costs
Consultant Services 171,000$
First Amendment to Consultant Services Agreement with
The KPA Group (Requested with this Staff Report)36,835$
Total Expenditures 207,835$
Available Balance 772,165$
Civic Center Americans with Disabilities Act (ADA) Improvements
CIP No. 821-2117
Page 1 of 2
First Amendment to Agreement for Consultant Services – The KPA Group
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This First AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for
identification 4th day of June 2024 and amends that certain Agreement for Consultant Services
dated August 18, 2023, made by and between the Town of Los Gatos, ("Town,") and The KPA
Group (“Consultant”) identified as a C Corporation and whose address is 6700 Koll Center
Parkway, Pleasanton, CA 94566.
RECITALS
A. Town and Consultant entered into a Consultant Agreement on August 18, 2023,
(“Agreement”), a copy of which is attached hereto and incorporated by reference as
Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the compensation of the Agreement.
AMENDMENT
1. 2.6 Compensation is amended to read as follows:
Compensation for Consultant’s professional services shall be increased by $36,835, for a
total agreement amount not exceed $132,835. Payment shall be based upon Town
approval of each task based on Exhibit B.
2. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
Page 2 of 2
First Amendment to Agreement for Consultant Services – The KPA Group
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________
Laurel Prevetti, Town Manager Paul Powers, President
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
s Gatos, California
______________________________ ______________________________
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
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Agreement for Consultant Services
The KPA Group
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification on 18th of August 2023 by and between TOWN OF LOS
GATOS, a California municipal corporation, (“Town”) and The KPA Group (“Consultant”), identified
as a C Corporation and whose address is 6700 Koll Center Parkway, Pleasanton, CA 94566. This
Agreement is made with reference to the following facts.
I.RECITALS
1.1 The Town desires to engage Consultant to provide architectural consultant services.
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.
II.AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain proposal
sent to the Town on August 9, 2023 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 upon execution to
June 30, 2025. Consultant shall perform the services described in this agreement as
described in Exhibit A.
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
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EXHIBIT A
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Agreement for Consultant Services
The KPA Group
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.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed
$96,000, 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.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, 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
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Agreement for Consultant Services
The KPA Group
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrong doing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the Town
in the subject of this Agreement, and it shall immediately disassociate itself from such an
interest, should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps to
ensure that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: two million dollars ($2,000,000) combined single
limit per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
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Agreement for Consultant Services
The KPA Group
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its elected and appointed officials, employees, and, agents 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 elected and appointed officials, employees, and agents. 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.
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Agreement for Consultant Services
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3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
the Town its elected and appointed officials, agents, 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
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
The KPA Group
6700 Koll Center Parkway
Pleasanton, CA 94566
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Agreement for Consultant Services
The KPA Group
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.
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Agreement for Consultant Services
The KPA Group
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
Consultant, by:
Paul Powers, Principal
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96
For
Katy Nomura, Assistant Town Manager
August 9, 2023
Dan Keller
Facilities & Environmental Operations Manager
Parks & Public Works Department
Town of Los Gatos
Department of Public Works
41 Miles Avenue, Suite 101
Los Gatos, CA 95030
Subject: Los Gatos ADA Improvements – Civic Center Ramp Design
Dear Dan,
The purpose of this agreement is to establish a scope of services and fee for design, permitting and construction
administration services for a new accessible ramp at the Los Gatos Civic Center. A new ramp is required for an
accessible path of travel from the Civic Center parking lot to the interior of the building. In addition, this
proposal requires reallocation of funds from KPA’s on-call services contract which expired on June 30, 2023 to a
new agreement.
Civic Center Ramp Design
Project Understanding
The Town of Los Gatos has a desire to construct improvements to the exterior ramp at the Civic Center building.
Currently, the ramp at the Civic Center contains handrails, slopes and widths that are not compliant with ADA.
The KPA Group has visited the existing ramp to understand design needs and existing code violations. A new
ramp is required to be constructed to allow for proper ADA clearances. Construction of the new ramp will
require demolition of the existing ramp, new concrete and handrails, new electrical and lighting, sealants,
grading and new retaining walls.
Scope of Services
This document provides a scope of services for design services for a new entrance ramp at the Los Gatos Civic
Center.
This scope of services is organized into the following elements:
Project Coordination & Management
Site Survey Investigation
Ramp Design – Conceptual Design
Ramp Design – Construction Documents
Permitting
Bid/Award & Construction Administration Support Services
Project Coordination & Management
We will manage our architectural and engineering services for the project. We will consult with the Town of Los
Gatos on a regular basis and communicate with members of the project team. KPA anticipates update meetings
EXHIBIT A
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conducted through Microsoft Teams. Discussions and decisions made throughout concepting and design of the
new ramp will be documented. The project manager will regularly coordinate the project and scheduling efforts
and will lead the quality assurance process.
Site Survey Investigation
KPA will conduct a site investigation at the Civic Center ramp to verify existing site dimensions and identify areas
to tie the new ramp system into the existing site. Required changes to the exterior path of travel will be
documented for use in design of the new ramp system. An elevations survey will be conducted and topography
incorporated as appropriate into the ramp design.
Ramp Design – Conceptual Design
We will prepare a conceptual design for the new Civic Center ramp and adjust the design with the Town of Los
Gatos. Electrical requirements will be studied for inclusion into the final project design along with ramp
pathway lighting requirements. Other site changes including alignment of ramp system to existing site
components will be incorporated into conceptual ramp design. Conceptual cost estimate prepared for the
Town’s consideration will be updated. KPA will obtain approval from the Town of Los Gatos before moving onto
construction documents for ramp design.
Ramp Design – Construction Documents
The KPA Group will expand the ramp concept into complete Construction Documents. During this phase, we will
provide a clearly defined design with a comprehensive scope, budget and schedule for construction of the ramp
and possibilities for bidding and construction. Construction documents will incorporate systems and material
design along with structural and electrical requirements. We will meet with the Town during this phase to
provide project status updates and further define project design. Code required changes will be incorporated
and the project schedule and construction cost estimate will be updated as the design progresses.
During the Construction Documents phase, KPA will:
o
o
o
Further evaluate existing conditions
Perform building code review for ramp design
Finalize ADA requirements for components of ramp system
Prepare a construction-level cost estimate
Prepare structural and electrical calculations
Prepare draft and final technical specification sections
Develop Construction Documents, including:
Civil
Structural
Electrical
Construction Documents will refine the extent, configuration, location, relationships and dimensions of the work
to be completed. Documentation and drawings will be coordinated between disciplines appropriately.
Permitting
KPA will submit the Civic Center ramp drawings to the Building Department for permit review. KPA anticipates
one set of construction drawings covering the Civic Center Ramp and Civic Center Restroom & HR Improvements
for permit review. We will complete an initial round of drawing review for permitting related to in-scope items
and improvements followed by a second round of drawing review and revision related to incorporation of the
first round of comments. We estimate this process to take less than 60 days. Additional time for reviews and
additional/extensive reviews may result in additional compensation.
After permit approval, KPA will prepare a final bid set for construction documents.
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Bid/Award & Construction Administration Support Services
KPA will attend a pre-construction bid walk and answer contractor questions related to the project design. We
will provide addenda to the construction set as required for questions or clarifications that may arise from the
bidding process.
KPA’s construction administration duties will focus on review of submittals, shop drawings and RFIs. During the
RFI response process KPA will issue necessary interpretations, clarifications and responses to information
requests related to the contract documents. We will assist the Town with supplemental instructions and
guidance as to possible change orders. For contractor submittals, KPA will review and approve shop drawings
and material substitutions related to the ramp design. KPA will attend biweekly construction progress meetings
led by the Town.
Deliverables
Deliverables will include the following items by project design phase:
Conceptual Design – Concept of ramp design. Preliminary cost estimate.
Construction Documents – Construction Documents and Project Specifications. Structural and electrical
calculations. Construction-level cost estimate.
Reallocation of Previous Contract Funds:
The Town of Los Gatos’ consulting services agreement with The KPA Group expired on June 30, 2023. At this
time, remaining architectural and engineering efforts were outstanding related to active and required projects
at the Los Gatos Civic Center and Adult Recreation Center. The Town of Los Gatos has extended KPA’s on-call
agreement through June 30, 2024 and funding for architectural and engineering efforts outstanding from the
previous agreement must be re-applied to the new agreement. This proposal identifies and explains
outstanding efforts and requests application of funding to our new agreement.
Amount remaining from Previous Contract:
KPA has an outstanding services amount of twenty five thousand six hundred eleven dollars ($25,611.00) for
services previously approved under the expired contract. Services still required to be provided include:
Construction Administration Services at Civic Center/Arc Restrooms ($22,040)
Building Permit Submission and Response for Arc Parking Lot Design ($3,571)
Descriptions of scope of services for these outstanding items are provided as attachments to this proposal.
Please see Attachment B for the previously agreed upon scope of services for CA Services at the Civic Center and
Arc Restrooms. Please see Attachment C for previously agreed upon scope of services for Building Permit
Submission and Response for Arc Parking Lot Design.
Work expended in July, August and September:
KPA has expended additional work due to an extended CA services schedule for the Arc Restrooms project in
July/August/September. Additional coordination and response efforts are also required related to the Civic
Center project and requirements of the Building Department to include the Civic Center Ramp Design.
Owner Responsibilities
Provide access to the existing Civic Center, ramp and site
Provide access to the Adult Recreation Center
Provide existing building construction or as build documents.
Provide a representative with complete authority to transmit instructions, receive information and
provide directives
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Provide timely review, feedback and directives to maintain project schedule
Coordinate with other project stakeholders and approval agencies
Testing and removal of hazardous materials
CEQA or other environmental reporting
Provide specification “front end” (Bidding, Contract and General Requirements)
Known electrical at ramp system
Coordination with utilities and local governments for any required utility connects and permitting
Compensation
The work described under the Scope of Services will be performed on a lump-sum basis. The Town of Los Gatos
will pay The KPA Group ninety-six thousand dollars ($96,000.00) as architectural and engineering fees for the
design and construction administration work performed under this contract. Requested compensation is
allocated as follows:
Civic Center Ramp Design - $67,800.00
Construction Administration Services at Civic Center/Arc Restrooms - $22,040.00
Building Permit Submission and Response for Arc Parking Lot Design - $3571.00
Work expended in July, August and September: - $2,589.00
Please see the attached compensation worksheet for a detailed breakdown of tasks based on our current
understanding of the project and scope of work.
Respectfully submitted,
The KPA Group
Paul W. Powers
President
(925) 872-0244
Attachments:
Attachment A – Compensation Worksheet
Attachment B – Scope of Services for CA Services at Civic Center/Arc Restrooms
Attachment C – Scope of Services Building Permit Submission and Response for Arc Parking Lot Design
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Compensation Worksheet - Attachment A
Town of Los Gatos
Civic Center Ramp Design & Previous Contract Re-allocation
Project
Manager
Project
Architect/
Engineer
Designer /
Technical
Professional
CAD
Technician Admin.
225 205 195 160 100
Civic Center Ramp Design & CA Services
1 Project Management and Coordination
1.1 Project meetings 2 4 8 $2,830
1.2 Team coordination 4 4 8 4 $3,920
1.3 Quality control 2 4 4 $2,050
Subtotal 8 12 20 4 0 $8,800
2
2.1 Site visit and elevations survey 6 6 $2,400
2.2 Incorporate Survey Data 1 4 2 8 $2,715
Subtotal 1 10 8 8 0 $5,115
3 Ramp Design - Conceptual Design
3.1 Ramp concept 8 4 4 $3,060
3.2 Electrical and lighting requirements 1 8 8 4 $4,065
3.3 Site changes 1 4 8 2 $2,925
3.4 Conceptual cost estimate 2 $390
Subtotal 2 20 22 10 0 $10,440
4 Ramp Design - Construction Documents
4.1 Code review 1 4 4 $1,825
4.2 ADA requirements 1 4 8 4 $3,245
4.3 Calculations 8 $1,640
4.4 Construction Documents 2 12 10 24 2 $8,900
4.5 Project specifications 2 8 12 4 $4,830
Subtotal 6 36 34 28 6 $20,440
5 Permitting
5.1 Submit to Building Department 4 4 8 $2,880
5.2 Drawings revisions 2 4 8 12 $4,750
5.3 Compile Drawing Bid Set 1 2 2 8 $2,305
Subtotal 3 10 14 28 0 $9,935
6 Bid/Award and Construction Administration Support Services
6.2 Bid phase assistance 1 2 4 $1,415
6.3 Conformed set for construction 1 1 1 8 $1,905
6.4 Construction meetings 4 4 4 $2,500
6.5 Periodic site visits 2 8 8 $3,650
6.6 RFI, shop drawing and submittal review 2 10 4 2 $3,600
Subtotal 10 25 21 10 0 $13,070
Sub-Total Cost - Civic Center Ramp Design & CA 30 113 119 88 6 $67,800.00
Task Subtotal
Hours
Site Survey Investigation
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Compensation Worksheet - Attachment A
Town of Los Gatos
Civic Center Ramp Design & Previous Contract Re-allocation
Project
Manager
Project
Architect/
Engineer
Designer /
Technical
Professional
CAD
Technician Admin.
225 205 195 160 100Task Subtotal
Hours
Construction Administration Services at Civic Center/ARC Restrooms
1 Bid/Award and Construction Administration Support Services
1.1 Bid phase assistance 4 4 $1,600
1.2 Conformed set for construction 2 4 2 8 $2,940
1.3 Construction meetings 2 4 8 $2,830
1.4 Periodic site visits 2 4 16 $4,390
1.5 RFI, shop drawing and submittal review 2 12 8 1 $4,630
1.6 General construction administration 8 4 4 2 $3,600
1.7 Project closeout 2 4 4 $2,050
Subtotal 18 36 46 9 2 $22,040
Sub-Total Cost - CA Services at Civic Center/ARC 18 36 46 9 2 $22,040.00
Building Permit Submission & Response for Arc Parking Lot Design
1 Permitting
1.1 Permit Application 1 2 2 1 $1,125
1.2 Updrate Drawings (1 Round)1 4 4 4 $2,465
Subtotal 2 6 6 4 1 $3,590
Sub-Total Cost - Building Permit Submission & Response 2 6 6 4 1 $3,590.00
Work expended in July, August and September
1 Extended CA Schedule
1.1 CA Bid Walk 4 4 $1,600
1.2 Logistics & Discussion 2 2 1 1 $1,060
Subtotal 0 6 6 1 1 $2,660
Sub-Total Cost - Work expended in July, August and Sept 0 6 6 1 1 $2,660.00
*Adjustment -$90.00
Grand Total Compensation Request $96,000.00
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96
Attachment B: Scope of Services for CA Services at Civic Center/Arc Restrooms
Scope of Services
KPA will review, edit and implement construction procedures and documents in accordance with the construction
policies established by the Town of Los Gatos. KPA anticipates the Town’s Construction Manager will provide
much of the construction administration oversight and work with KPA to coordinate with the contractor and
provide construction status updates. KPA’s construction administration duties will focus on review of submittals,
shop drawings and RFIs.
KPA will review and respond to RFIs. During the RFI response process KPA will issue necessary interpretations,
clarifications, and responses to information requests related to the contract documents. We will assist the Town
with supplemental instructions and guidance as to possible change orders. For contractor submittals, KPA will
review and approve shop drawings, material substitutions, management and organization of submittals. KPA will
attend two online construction progress meetings per month in which we will discuss pertinent work issues with
the Construction Manager and contractor.
The Town’s Construction Manager will prepare and distribute correspondence including information requests,
trouble reports, field directives and cost change requests. Project logs will be maintained by the Construction
Manager. Construction progress meetings will be led by the Construction Manager. Upon project closeout, KPA
will create a punch list based on the final project to observe work for substantial completion. We will coordinate
with the Construction Manager to provide appropriate recommendations and direction to the contractor as to
proper completion of work if required.
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96
Attachment C: Scope of Services for Building Permit Submission & Response for Arc Parking Lot Design
Scope of Services
KPA will submit parking lot design documents to the Town of Los Gatos Building Division and respond to one
round of review comments including one round of updates to the drawing set. KPA understands that the Building
Division has been made aware of the fast-track nature of this project and will assist with expedited review. After
completion of permitting and review processes, KPA will incorporate parking lot design drawings into an overall
project bid set.
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96
May 16, 2024
Dan Keller
Facilities and Environmental Services Manager
Town of Los Gatos
Department of Public Works
41 Miles Avenue, Suite 101
Los Gatos, CA 95030
Subject: Los Gatos Civic Center – Construction Administration Services Proposal
Dear Dan,
The purpose of this agreement is to establish a scope of services and compensation for construction administration
services for improvements to the Los Gatos Civic Center. The facility is located at 110 E. Main Street in Los Gatos.
Project Understanding
The Town of Los Gatos has worked with The KPA Group to design improvements to both the Adult Recreation Center and
the Civic Center. Improvements to both facilities were designed at the same time and included new accessible restrooms
(Adult Recreation Center & Civic Center) along with renovations to HR department spaces (Civic Center only). Exterior path
of travel improvements were later designed at the Civic Center to include replacement of the existing lower level ramp
with a new accessible ramp. In 2023, the Town proceeded with construction of improvements at the Adult Recreation
Center only. The Town now wishes to construct improvements at the Civic Center including the new ramp portion of the
design.
The KPA Group worked with the Town in April and May 2024 to revise construction documents for the Civic Center project
to include the ramp portion and remodel of HR department spaces as the base bid, with the restrooms remodel as an
additive alternate bid item. The Civic Center project is anticipated to be bid for construction in late summer 2024.
Scope of Services – Construction Administration Services
This document provides a scope of services for construction administration services for the Civic Center project.
Construction administration services shall commence after a successful bidder has been awarded a contract for
construction.
The scope of services for CA services is organized into the following elements:
Project Management and Coordination
General Construction Administration
Requests for Information and Submittals
Construction Changes
Punch List
Project Closeout and Compliance Forms
Project Management and Coordination
The KPA Group will continue to manage our architectural and engineering services for the project during construction. We
will consult and communicate regularly with the Town of Los Gatos and members of the project team. The KPA Group will
meet with the Town as appropriate to discuss details, construction progress and open issues. The same consultants that
EXHIBIT B
designed the project will stay engaged and provide support during construction. KPA anticipates two (2) onsite visits to
observe construction progress throughout the duration of construction.
General Construction Administration
We will generally provide the following services:
Work closely with Town staff for coordination of submittals
Work with the project team to document responses to RFIs, review and process shop drawings, submittals and
project decisions
Provide onsite visits to monitor construction (2 visits anticipated)
Respond to information requests, field directives and cost change requests
Attend planned construction meetings to assist work progress and quality
Review General Contractor progress payment applications
Confirm contractor submittals are aligned to design documents and specifications
Excessive RFI response or submittal review due to incomplete or inaccurate submittals may result in an additional KPA
compensation request to the Town.
Requests for Information and Submittals
We will review and respond to RFIs. We will organize project RFIs related to project components and discuss responses
with the Town of Los Gatos as needed. We will:
Issue necessary interpretations, clarifications and replies to information requests regarding the Contract
Documents
Assist the Town of Los Gatos with supplemental instructions and change orders
Services provided for shop drawings and submittals will be related to shop drawing review, product and material
substitutions review, and the management and organization of such submittals. Additional submittals may be required to
be reviewed based on the completeness of individual submittals or components of construction. During this process we
will:
Review and approve shop drawings and submittals for conformance to the requirements of Contract Documents
and specifications
Determine the acceptability of substitute materials and provide an evaluated response for suggestions to the
Town
Review any required tests in accordance with requirements and testing methods
Construction Changes
We will monitor construction changes including the addition of alternate project components or items not portrayed in
the contract documents. We will provide recommendations as to the acceptability of the costs of construction changes.
Throughout the oversight of construction changes, we will:
Assist with the preparation of change orders or inclusion of additional items or removal of elements
Assist with the preparation and review of interpretations and clarifications
The KPA Group will monitor work progress to review payment applications. We will coordinate with the Town for
information related to work progress.
Punch List
We will generate a punch list based on final construction completion. The punch list process will involve observing work to
identify defects, non-conformance to the design and incomplete work. The punch list process involves:
Conducting site observation to identify and document construction defects, non-conformance to the design
and/or incomplete work
Furnishing the General Contractor with the punch list of items requiring correction or to be completed
Making recommendations for replacement, correction, or diminished value of defective work
Project Closeout and Compliance Forms
We will perform services related to project close-out including:
Obtain direction from the Town for final required deliverables for submittal to government agencies for final
approvals
Provide appropriate compliance forms for signoff by architect and engineers
Schedule – Construction
The expected time frame for construction completion is approximately 7-8 months. The final construction schedule shall
be defined at the time of General Contractor contract award.
Owner Responsibilities - Construction
Provide access to the Los Gatos Civic Center and site
Provide as-built documents, PDFs or CAD files of the facility or site as available
Coordinate running of and attend construction meetings led by Town or Construction Management team
Provide a representative with complete authority to transmit instructions, receive information and provide
directives
Provide timely review, feedback and directives to maintain project schedule
Coordinate with other project stakeholders, approval agencies, CEQA and AHJs
Testing and removal of hazardous materials
Coordination with utilities and local governments for any required utility connections and permitting
Compensation
The work described under the Scope of Services will be performed on a lump sum basis. The Town of Los Gatos will pay
The KPA Group thirty six thousand eight hundred thirty five dollars ($36,835) as architectural and engineering fees for CA
services work during construction. Please see the attached compensation worksheet for a detailed breakdown of design
tasks based on our current understanding of the project and scope of work.
Authorization
The Scope of Services and compensation stated in this proposal are valid for a period of sixty (60) days from the date of
submission. If authorization to proceed is not received during this time period, this proposal may be reviewed and
modified by The KPA Group. This proposal may be executed in whole or parts, depending on Town of Los Gatos
contracting desires.
Respectfully submitted,
The KPA Group
Paul W. Powers, AIA, NCARB
President
paulp@thekpagroup.com
(925) 872 - 0244
TOWN OF LOS GATOS - Civic Center
Compensation Worksheet - CA Services
PROJECT
MANAGER
ARCHITECT/
STRUCTURAL
ENGINEER
MEP
ENGNIEER
DESIGNER/
TECHNICAL
PROF.
CAD
TECHNICIAN
ADMIN. SUBTOTAL
$235.00 $205.00 $205.00 $190.00 $155.00 $110.00
1 Communicate with owner 1 4 2 2 $1,845.00
2 Communicate with project team 1 2 1 5 2 $2,110.00
$470.00 $1,230.00 $615.00 $1,330.00 $310.00 $0.00 $3,955.00
1 Review procedures and documents 1 2 2 $1,025.00
2 Construction meetings 2 4 2 8 4 $3,840.00
3 Site observations (2)1 4 2 6 $2,605.00
4 Construction Coordination 1 2 2 4 $1,815.00
$1,175.00 $2,460.00 $1,230.00 $3,800.00 $620.00 $0.00 $9,285.00
1 RFI & Submittal logs 1 2 2 4 4 $2,255.00
2 Respond to RFIs 2 8 4 8 4 $5,070.00
3 Identify substitute materials 1 2 1 1 1 $1,195.00
4 Shop Drawing review 1 12 4 4 4 $4,895.00
$1,175.00 $4,920.00 $2,255.00 $3,230.00 $1,395.00 $440.00 $13,415.00
1 Determination of project adds or removals 1 2 2 2 1 $1,590.00
2 Interpretations and clarifications 4 2 4 1 $2,145.00
$235.00 $1,230.00 $820.00 $1,140.00 $310.00 $0.00 $3,735.00
1 Punch list 1 4 2 6 $2,605.00
$235.00 $820.00 $410.00 $1,140.00 $0.00 $0.00 $2,605.00
1 Final deliverable coordination 1 1 1 2 2 $1,335.00
2 Compliance forms 1 6 4 $2,285.00
3 Administrative tasks 2 $220.00
$470.00 $1,435.00 $1,025.00 $380.00 $310.00 $220.00 $3,840.00
16 59 31 58 19 6 189
$3,760.00 $12,095.00 $6,355.00 $11,020.00 $2,945.00 $660.00 $36,835.00
5/16/2024
SUBTOTAL
TOTAL COST
TOTAL HOURS
SUMMARY BY CLASSIFICATION
Project Management and Coordination
Requests for Information and Submittals
SUBTOTAL
General Construction Administration
SUBTOTAL
Project Close Out and Compliance Forms
SUBTOTAL
SUBTOTAL
Construction Changes
SUBTOTAL
Punch List