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HomeMy WebLinkAboutKPA Group (3)To: CONTRACTOR From: Town of Los Altos Hills Re: Agreement Transmittal Memo Enclosed, please find the following documents: AGREEMENT — If you require a fully executed, signed original of the Agreement for your records, please photocopy the Agreement prior to signing the enclosed document. Return both originals with your signature to the Town and a fully executed Agreement will be returned. IRS FORM W-9 — Request for Taxpayer Identification Number (TIN) and Certification. This form is required for all vendors of the Town and it is important that you provide the Town with the correct TIN. If your company is a: Sole Proprietorship - The taxpayer identification number must be the social security number of the sole proprietor. •o Partnerships or Corporations — The taxpayer identification number must be the employer identification number issued to the partnership or corporation. Once all documents have been completed, please return the signed Agreement(s) and IRS Form W-9 to the following address: Town of Los Altos Hills Contracts 26379 Fremont Road Los Altos Hills, CA 94022 AGREEMENT THIS AGREEMENT is made and entered into on the day of October 3, 2024 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and The KPA Group (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Provide Cost Estimating for the Corporation Yard Locker Room Project per EXHIBIT A. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A — Proposal from contractor dated September 27, 2024. 3. TERMS. The services and/or materials furnished under this Agreement shall commence October 3, 2024 and shall be completed by December 31, 2024, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed eight thousand one hundred eighty-five dollars and zero cents ($8,185.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, Town of Los Altos Hills Page 1 of 4 Short form Updated 4/26/22 claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. Town of Los Altos Hills Page 2 of 4 Short form Updated 4/26/22 d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION. The TOWN hereby designates the Utility Engineering Manager and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26/22 meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: Astha Khanal, EIT Assistant Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: E ■w _ e rq.Z1,, TOWN OF LOS AL C�"ILLS: By: Peter Pirnejad, ity Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4/26/22 I'M 1?AL -orm W-9 Request for Taxpayer Give form to the ,Rev. October 2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) N m m Business name, if different from above CL 0 cCheck appropriate box: ❑ Individual/Sole proprietor ❑ Corporation ❑ Partnership Exempt +. ❑ Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) 0 _______ ❑ U `o ❑ Other (see instructions) 11 - payee Address (number, street, and apt. or suite no.) Address Requester's name and address (optional) !1 U - Town of los Altos Hills City, state, and ZIP code 4) 26379 Fremont Road u°i Los Altos Hills, CA 94022 m List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. tion Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here I U.S. person ► Date 111 - General General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person K you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: * The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form gni-9 (Rev. 10-2007) rHo-, KPA tu;u(w • ENGINEERS ARCHITECTS September 27, 2024 Astha Khanal, EIT Assistant Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Subject: Corporation Yard — Cost Estimating for Locker Room Project Dear Astha, The purpose of this agreement is to establish a scope of services and professional compensation to assist the Town of Los Altos Hills in defining costs for the locker room improvement project at the Corporation Yard. The Corporation Yard is located at 27400 Purissima Road in Los Altos Hills. Project Understanding The Town is currently working with a separate architect (TDM Architects) to provide design and construction documents for improvements to the Corporation Yard facility. The project will provide renovations at the first and second levels for new restroom and locker room spaces. Currently, the project is thought to be bid and constructed in two phases. Phase 1 of the project will provide improvements to the first level of the Corporation Yard building. Phase 1 improvements include renovations to an existing storage space for a new ADA compliant restroom and locker room. Phase 2 of the project will provide more substantial changes and improvements to the building and focuses on the second level of the facility. Phase 2 will include a multi -accommodation restroom and locker room along with revisions to office and break room areas. A fire suppression system is also required to be provided as part of Phase 2. KPA is familiar with the existing facility and site. Cost estimates are required to be provided for both phases of the project and are not currently included in the TDM Architects' scope. Cost estimates will be utilized to understand the overall project construction expense and assist the Town in defining construction budgets for individual project phases. We will work with TDM Architects to align cost estimates to the designs for Phase 1 and Phase 2 project efforts. Estimated costs will be defined according to inclusions in the project documents. KPA anticipates defining costs for: 1) Demolition activities 2) New or relocated walls 3) New fixtures, finishes and paint 4) Ceiling elements 5) Plumbing systems 6) Mechanical system changes 7) Electrical system changes 8) Fire suppression system including site utility work 9) Life safety items Scope of Services This document provides a scope of services for cost estimating services for the Corporation Yard Locker Room Project. This scope of services is organized into the following elements: A. Project Management and Coordination B. Cost Estimating - Phase 1 C. Cost Estimating - Phase 2 D. Additional Services (Optional) A. Project Management and Coordination The KPA Group will manage services and project administration throughout the duration of the cost estimating effort. We will consult with the Town of Los Altos Hills and TDM Architects related to design documents for individual project phases. We will research applicable design criteria and coordinate with members of the project team. We will attend meetings via Microsoft Teams to discuss the cost estimate with the project team and refine the estimate as necessary. KPA proposes three (3) virtual project meetings. B. Cost Estimating - Phase 1 We will work with the Town of Los Altos Hills and TDM Architects to review the current project design for Phase 1. Design documents will be provided to KPA by TDM Architects to be utilized for cost estimating. We will provide a detailed construction cost estimate for the initial project phase. The Phase 1 cost estimate is anticipated to include estimated construction costs for: • Storage room demolition • New floor finishes • New wall finishes and paint • Plumbing system improvements • Electrical system wiring changes • Mechanical system changes for exhaust • Signage • Toilet room fixtures • Lighting fixtures • Accessible lockers We will provide a final draft submission of the Phase 1 cost estimate to the Town. We will work to incorporate one (1) round of changes to the Phase 1 cost estimate to incorporate comments, design changes and other refinements. We will work with the Town to define appropriate soft costs for inclusion in the construction cost estimate. C. Cost Estimating - Phase 2 We will work with the Town of Los Altos Hills and TDM Architects to review the current project design for Phase 2. Design documents will be provided to KPA by TDM Architects to be utilized for cost estimating. We will provide a detailed construction cost estimate for the second project phase. The Phase 2 cost estimate is anticipated to include estimated construction costs for: • Second floor demolition • Revisions to walls Structural supports • Fire suppression system changes • Site utility improvements related to fire suppression system changes • Restroom shower elements and toilet room fixtures • New floor finishes • New wall finishes and paint • Electrical system wiring changes • HVAC and exhaust improvements • Signage • Lighting fixtures • Accessible lockers We will provide a final draft submission of the Phase 2 cost estimate to the Town. We will work to incorporate one (1) round of changes to the Phase 2 cost estimate to incorporate comments, design changes and other refinements. We will work with the Town to define appropriate soft costs for inclusion in the construction cost estimate. D. Additional Services (Optional) KPA has included a contingency should additional project services be required. Additional services may include presentation to stakeholders or extra revisions to Phase 1 or Phase 2 cost estimates based on design changes reflected in the project. Schedule Duration The term of this scope of services is 30 days. The KPA Group plans to complete an initial cost estimate for the Phase 1 project by October 4th, 2024. Owner Responsibilities • Provide timely review, feedback and directives to maintain approved project schedule • Coordinate with TDM Architects for final design for Phase 1 and Phase 2 projects • Coordinate with fire protection designer for anticipated site and building utility requirements • Testing and removal of hazardous materials • Furniture selection and costs for inclusion in estimates • Provide access to the Corporation Yard site, if needed Compensation The work described under the Scope of Services will be performed on a lump sum basis. The Town of Los Altos Hills will pay The KPA Group an amount of eight thousand one hundred eighty five dollars ($8,185.00) as architectural and engineering fees for cost estimating services for the Locker Room Improvements Project at the Corporation Yard. If optional services are required, the Town shall pay The KPA Group an additional two thousand one hundred eighty dollars ($2,180.00). Total compensation for base and optional services is ten thousand three hundred sixty five dollars ($10,365.00). Please see the attached compensation worksheet for a detailed breakdown of tasks based on our current understanding of the project and scope of work. Authorization The Scope of Services and compensation stated in this Scope of Work are valid for a period of thirty (30) days from the date of submission. If authorization to proceed is not received during this time period, this Scope of Work may be reviewed and modified by The KPA Group. Respectfully submitted, The KPA Grou TOWN OF LOS ALTOS HILLS CORPORATION YARD - COST ESTIMATING FOR LOCKER ROOM PROJECT COMPENSATION WORKSHEET 9/27/2024 SUMMARY BY CLASSIFICIATION PROJECT MANAGER PROJECT ARCHITECT ENGINEER DESIGNER CADTECH CLERICAL SUBTOTAL $230.00 $215.00 $215.00 $190.00 $160.00 $110.00 PROJECT MANAGEMENT & COORDINATION 1 Project management 1 1 $420.00 2 Communicate with Los Altos Hills/TDM 2 1 $490.00 3 Microsoft Teams meetings 6 $1,140.00 4 Quality Control & Review 1 1 1 $635.00 SUBTOTAL - PROGRAMMING &PM $460.00 $215.00 $0.00 $1,900.00 $0.00 $110.00 $2,685.00 COST ESTIMATING - PHASE 1 1 Draft cost estimate 2 $380.00 2 Final cost estimate - round 1 1 2 $595.00 3 Incorporate comments 1 $190.00 4 Final cost estimate - round 2 1 1 4 $1,205.00 SUBTOTAL -CONSTRUCTION DOCUMENTS $230.00 $215.00 $215.00 $1,710.00 $0.00 $0.00 $2,370.00 COST ESTIMATING - PHASE 2 1 Draft cost estimate 2 $380.00 2 Final cost estimate - round 1 1 4 $975.00 3 Incorporate comments 1 $190.00 4 Final cost estimate - round 2 1 1 6 $1,585.00 SUBTOTAL -TERMINAL FACILITY NEEDS $230.00 $215.00 $215.00 $2,470.00 $0.00 $0.00 $3,130.00 PROJECT MANAGEMENT & COORDINATION 2 1 0 10 01 1 14 COST ESTIMATING - PHASE 1 1 1 1 9 0 0 12 COST ESTIMATING - PHASE 2 1 1 1 13 0 0 16 TOTAL DESIGN COSTS $920.00 $645.00 $430.00 $6,080.00 $0.00 $110.00 $8,185.00 TOTAL COMPENSATION $8,185.00 ADDITIONAL SERVICES - OPTIONAL 1 Additional project services 1 2 1 8 1 $2,180.00 SUBTOTAL -ADDITIONAL SERVICES $230.00 $430.00 $0.00 1 $1,520.00 $0.00 $0.00 $2,180.00 TOTAL COMPENSATION W/ ADD SRVCS $10,365.00