AGENDA
City of Monte Sereno
Tuesday, December 20, 2022
Special Meeting of the City Council
8:15 PM
Monte Sereno City Council Chambers
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030
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CALL TO ORDER
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ROLL CALL
ORAL COMMUNICATIONS
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WRITTEN COMMUNICATIONS
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NEW BUSINESS
1. Consider and Approve the Agreement between the City of Monte Sereno and Kohlsaat & Associates, Inc.to Perform Architectural Services
Staff recommends the City Council Consider and approve the agreement between the City of Monte Sereno and Kohlsaat & Associates, Inc. to perform architectural services.
Staff Report - SR-22-300 - Pdf
3 - 8
ADJOURN
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STAFF REPORT
Meeting: Special Meeting of the City Council - Dec 20 2022 Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Consider and Approve the Agreement between the City of Monte Sereno and Kohlsaat & Associates, Inc.to Perform Architectural Services Recommendation(s):
Staff recommends the City Council Consider and approve the agreement between the City of Monte Sereno and Kohlsaat & Associates, Inc. to perform architectural services.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Monte Sereno Community Center Agreement
AGREEMENT TO PERFORM ARCHITECTURAL SERVICES
made as of December 19, 2022,
between the Client: City of Monte Sereno
18041 Los Gatos-Saratoga Road
Monte Sereno, CA 95030
and the Architect: KOHLSAAT & ASSOCIATES, INC.
51 University Ave, Suite L
Los Gatos, CA 95030
for the following Project: MONTE SERENO COMMUNITY CENTER, 18041 LG-Saratoga Rd.
Schematic Design for an addition/remodel to convert the existing 947 SF Post Office into a multi-purpose Community Center, including a new Office, Kitchen/Dining/ Meeting room and ADA Bathroom. Exterior work to include covered and trellised patios; Changes to exterior entry/facade to update architecture. Building to utilize as many of the newest Green Energy and Sustainable technologies as possible/practical. Existing Structure to retain a minimum of 51% walls and roof to maintain existing non-conforming status.
By entering into this agreement, the Client and Architect agree as set forth below:
SCOPE OF SERVICES:
Limited architectural services to be rendered under this agreement shall be:
I. PREDESIGN:
Preliminary data and fact gathering:
• Municipal Zoning Code research
• Coordinate RFP’s from project consultants
• Define project program, style, and parameters
• As-Built measurements and CAD input/ drawings
II. SCHEMATIC DESIGN:
Initial design package/ processing
• Proposed floor plans and roof plan
• Proposed exterior elevations and 3D renderings
• Preliminary Site Plan w/ Prelim. Landscaping/Master Plan (w/ADA, etc.) • Initial review meeting(s) with Clients and Local planners • Assist in obtaining preliminary construction cost estimates COMPENSATION:
The method of compensation for Architectural services, as stated above, shall be an hourly basis, payable as per the following schedule. Fees under this agreement shall not exceed $10,000.
1. PHASE I: $2,500 (+/- 22 hrs)
2. PHASE II: $5-6,000 (+/- 25-30 hrs)
51 University Avenue, Suite L • Los Gatos, CA 95030 • 408.395-2555
KOHLSAAT
& ASSOCIATES
A R C H I T E C T U R E
RATE SCHEDULE:
Services performed on an hourly basis shall be subject to the following rate schedule:
Principal architect $225/hr
Senior designer/draftsman $150/hr
Intermediate draftsman $115/hr
Clerical services $85/hr
These rates are guaranteed for one year from the date of this agreement, and may be subject to a cost of living increase after that time (maximum 5% per year).
RETAINER:
A non-refundable $1,500 retainer will be required to commence services and will be credited to the first invoice.
REIMBURSABLE EXPENSES:
Reimbursable costs incurred by the Architect that are directly related to the project, such as reproduction charges, plan check and permit fees, school development fees, postage and delivery charges, etc., are reimbursable to the Architect at a rate of cost plus fifteen percent (15%).
PAYMENTS:
Statements for Architectʼs services will be submitted, at Architectʼs option, either upon completion of such services, or on a monthly basis. Professional fees are due upon receipt of invoice and are past due if not paid within 30 (thirty) days. Any expenses incurred in the collection of fees, including reasonable legal fees and collection costs will be borne by the prevailing party. If the Client objects to all or any portion of a statement, the Client shall so notify Architect within 10 days of statement date, identify the cause of disagreement, and pay when due, that portion of the statement, if any, not in dispute.
Accounts unpaid 30 days after the statement date may be subject to a monthly service charge of oneand-one-half percent (1.5%) on the unpaid balance, excepting any portion of the amount in dispute and resolved in favor of the Client. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal amount. Payment of statements is in no case subject to unilateral discounting or setoffs by the Client. If the Client fails to pay undisputed amounts within 30 days from the date of statement, Architect may at any time, without waiving any other claim against the Client and without thereby incurring any liability to the Client, terminate this agreement, and cease all work on the project, as provided for in this agreement.
SERVICES NOT INCLUDED:
The following items are not included as part of the work to be performed under this agreement, but shall be provided by the Client if determined to necessary by the Architect and/or the governing agency(s) having jurisdiction over the project. The Architect shall assist in the selection and coordination of the consultants. If the Architect contracts directly with any consultant, as directed by client, the Architect shall be reimbursed at a rate of cost plus ten percent (10%).
1. Structural Engineering Calculations and Drawings.
2. Civil Engineering and associated fees.
3. Geological Hazard review/report.
4. Soils testing/Geological engineering.
5. Land Surveying.
6. Landscape Design.
7. Arborist Review.
8. Interior Design (Beyond moulding, basic finishes and cabinetry concepts).
9. Mechanical, Plumbing or Electrical Engineering.
10. Title 24 Energy Compliance Calculations
11. Green Initiative certification.
12. Fire sprinkler engineering.
13. Utility permit processing (P,G&E, Water, Sewer, etc.).
MONTE SERENO COMMUNITY CENTER, 18041 LG-Saratoga Rd., Monte Sereno, CA
14. Environmental, Archaeological, Biological or Historical reviews (if needed)
15. Temporary “story pole” staking.
16. Swimming pool/fountain engineering, drawings and permits.
17. Any other design, construction administration or construction management services not expressly included in Architect’s Scope of Services.
GENERAL CONDITIONS:
1. Architect’s services consist of those services performed by Architect and Architect’s employees, agents, principals, independent contractors and consultants.
2. The Architect will strive to conduct services under this agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other warranty, expressed or implied, is made or given.
Architect does not warrant that the project can be constructed within the Client’s available budget.
3. The Client shall provide surveys, topographical maps, legal descriptions and title reports, and copies of conditions, covenants and restrictions if so requested by the Architect.
4. The Client shall be responsible for payment of all plan check and permit charges, development and school fees, taxes, etc., that are directly related to this project.
5. The Architect shall be allowed to display a business sign at the Project site during the construction phase, unless such act is prohibited or barred by local ordinances.
6. In accepting or utilizing any reports, drawings or data on any form of electronic media generated and furnished by the Architect or their consultants, the Client agrees that all such files are instruments of service as stated above. The Client agrees not to reuse, modify or alter these electronic files, in whole or in part, for any purpose other than this project. The Client is aware that differences may exist between the electronic files delivered and the printed construction documents prepared by the Architect. Due to the differences in equipment (computers, plotters, etc.), Internet servers or providers, or transfer devices, the Architect makes no warranty as to the usability or completeness of any electronic files supplied to the Client. In the event of such conflict, the printed and signed construction documents shall govern.
7. In the event that services are requested of the Architect in addition to those included above, or in the event that Client orders major changes (either increase or reduction in project scope) during any phase to the concept indicated on the preliminary drawings, such services shall be considered Additional Work.
8. Clientʼs responsibility: the Client shall provide complete and accurate and timely information regarding its requirements for the project and shall designate by name a project representative authorized to act on its behalf. The Client shall examine documents or other instruments of service submitted by Architect and shall render any decisions necessary promptly in order to avoid unreasonable delay.
9. If, due to the Architectʼs error, any required item or component of the project is omitted from Architectʼs construction documents, Architect shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value or betterment to the project. In no event will Architect be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.
10. Warranty: Architect makes no warranty, neither express or implied, as to its findings, recommendations, specifications, or professional advice except that these were promulgated after being prepared in accordance with generally accepted architectural practices and under the direction of registered professional architects. In the event that any changes are made in the plans and specifications by Client or persons other than Architect, which effect the Architectʼs work, Client hereby agrees that any and all liability arising out of such changes is waived against Architect and Client assumes full responsibility for such changes. Architect is not responsible, and liability is hereby waived against Architect, for use by Client or any other person of any plans, drawings, or specifications not signed by Architect. Architect makes no warranty for accuracy of information provided by Client or Clientʼs agents.
11. Responsibility for Construction: Client agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including safety of all persons and properties; that this requirement shall be made to apply continuously and not be limited to normal MONTE SERENO COMMUNITY CENTER, 18041 LG-Saratoga Rd., Monte Sereno, CA
working hours; and to the fullest extent permitted by California Civil Code sections 2778 and 2782, et seq., Client further agrees to defend, indemnify and hold Architect and Architect’s consultants, employees and agents harmless from any and all liability, real or alleged, including attorney’s fees, expert’s fees and all costs of defense, in connection with the performance of work on this project and this agreement, including defects in the design and construction of the project caused in whole or part by the acts or omissions of Owner’s other design professionals, consultants, sub-consultants, contractors, subcontractors, material suppliers, agents and employees hired directly by Owner, excepting liability arising from the sole negligence or willful misconduct of Architect. Additionally, Client agrees to defend, indemnify and hold Architect harmless from any and all liability, real or alleged, that might be occasioned by others performing construction review for this Project.
12. In the event that any portion of the work prepared or partially prepared by the Architect be suspended, abandoned, or terminated, Client shall pay the Architect for all fees, charges, and services provided for the project not to exceed any contract limit specified herein. Client further agrees that unless Architect is responsible for such early suspension, abandonment, or termination, Client agrees to release Architect from all liability for work performed.
13. Architect shall not be required to execute any document that would result in their certifying, guaranteeing or warranting the existence of conditions whose existence the Architect cannot ascertain.
14. Architect shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the sole judgment of Architect, increase Architectʼs contractual or legal obligations or risks.
15. Notwithstanding any other provisions of the Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the Client or Architect, their employees, agents, subconsultants, contractors, subcontractors or material suppliers. Consequential damages include, but are not limited to, loss of use and loss of profit.
16. The Client and Architect each bind themselves, their successors and assigns to the agreement.
Neither Client nor Architect shall assign or transfer its interests in this agreement without the prior written consent of the other.
17. All claims, disputes and other matters in question between the parties to this agreement, arising out of, or relating to, this agreement or the breach thereof, shall be submitted to non-binding mediation under the auspices of a mutually agreed upon mediation service, experienced in the resolution of construction disputes, prior to initiation of any lawsuit or other litigation unless the parties mutually agree otherwise. The cost of said mediation shall be split equally between the parties. This agreement to mediate and any agreement to mediate with any additional person or persons duly consented to be the parties to this agreement shall be specifically enforceable under the prevailing law of the jurisdiction in which this agreement was signed.
18. Owner agrees to limit Architect’s liability to Owner and to all contractors, subcontractors, material suppliers, other design professionals and consultants on the project, due to professional negligent acts, errors or omissions of Architect to the sum of $25,000 or Architect’s fee, whichever is less.
19. This agreement may be terminated upon notification in writing by either party. If the Client wishes to use the ideas or designs for further work and not retain the services of the Architect, the Client shall release the Architect from all liability arising out of any disputes related to the improvements.
20. This agreement may be terminated by either party upon five business days written notice in the event of substantial failure of the other party to perform in accordance with the terms of this agreement. In the event of termination, the Client shall pay Architect for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.
21. Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.
MONTE SERENO COMMUNITY CENTER, 18041 LG-Saratoga Rd., Monte Sereno, CA
The below signed parties hereby agree to the terms and conditions of this contract.
ARCHITECT: CLIENT:
12/19/22
Gary Bruce Kohlsaat Date Date
Architect, C 19245 renewal date: 2/28/23
MONTE SERENO COMMUNITY CENTER, 18041 LG-Saratoga Rd., Monte Sereno, CA