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Item 16 Staff Report Consider Adopting a Resolution Authorizing the Town Manager to Enter into an Agreement with Cannon Design Group to Serve as an Architectural Consultant to the Town and to Enter into an Agreement with Mark Srebnik Architect-Aia to ServCOUNCIL AGENDA REPORT DATE: January 3, 2002 TO: MAYOR AND TOWN COUNCIL • FROM: TOWN MANAGE SUBJECT: MEETING DATE: 01/07/02 ITEM NO. !_ CONSIDER ADOPTING A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH CANNON DESIGN GROUP TO SERVE AS AN ARCHITECTURAL CONSULTANT TO THE TOWN AND TO ENTER INTO AN AGREEMENT WITH MARK SREBNIK ARCHITECT-AIA TO SERVE AS A SECONDARY ARCHITECTURAL CONSULTANT TO THE TOWN. RECOMMENDATION: Adopt a resolution authorizing the Town Manager to enter into an agreement with Cannon Design Group to serve as an architectural consultant to the Town, and with Mark Srebnik Architect- AIA, to serve as a secondary or back-up architectural consultant to the Town. BACKGROUND: On August 20, 2001, the Town Council authorized the preparation of Request For Proposals (RFP) to be forwarded to architectural and urban design firms. The RFP process served to determine the availability and cost of a contract urban design firm to provide services as an architectural consultant and provided information for establishment of a cost recovery fee. The recommended consultant, Cannon Design Group, was chosen from a field of seven qualified architectural/urban design firms. Staff recommends that a second architect, Mark Srebnik, AIA, be used as a back-up in the event that the principal consultant cannot handle projects due to time constraints, is on vacation, or has a conflict of interest. The selection process involved review of submitted proposals, a panel interview of the seven firms that submitted proposals, and a practical exercise for the top three candidates. (Continued on Page 2) PREPARED BY: BUD N. LORTZ DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: 10 Attorney Clerk _l___ Finance Community Development Revised: 1/3/02 4:31 pm Reformatted: 5/23/01 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER DESIGN REVIEW ALTERNATIVES FOR ARCHITECTURE & SITE APPROVAL APPLICATIONS January 3, 2002 DISCUSSION: The architectural consultant will serve as an extension of staff through the Town's application review process. All applications requiring contract design review will be forwarded to the architect or back-up architectural consultant for review/critique of projects. The reviewing architect will provide evaluations and recommendations on the projects to the Planning staff. These recommendations will be presented to the applicant through meetings with staff and can be incorporated as conditions of approval or through plan revisions depending on the complexity of the recommendations. The Development Review Committee (DRC) has final approval authority on some architecture and site applications such as new residences in R-1 zones. Final decisions by the DRC may be appealed to the Planning Commission. Other site and architecture applications, such as new hillside homes and new commercial buildings, are reviewed by the Planning Commission. In these cases, the goal of having the consulting architect review the plans is to refine the architecture prior to the public hearing so the Commission can focus on issues of consistency with the General Plan and neighborhood concerns rather than design details. The architectural consultant' s comments will be included in the staff report as appropriate, and any recommended conditions of approval will be included. The consulting architects will need to become highly familiar with all applicable Town guidelines, policies and standards related to architectural and site design. The level of involvement will vary depending on the complexity of a project. It is anticipated that the consultant will only be involved in discussions or meetings with the applicant or project architect in the event of a conflict that isn't able to be resolved at the staff level. The consultant will attend public meetings and make presentations to decision making bodies as needed. Staff will arrange meetings with the consultants and members of the Council and Planning Commission to discuss the design review process and the members expectations of the consultant. In addition, the consultants will meet with design professionals that do business in Los Gatos and DRC members in order to gain greater insight into community design issues. Applicants will be required to pay a deposit fee for architectural critique to cover the costs associated with this type of review. Additional costs may be incurred depending on the complexity of the project. Generally, the cost of architectural review for a hillside home will cost approximately $1,500. Cannon Design Group was determined to be the best candidate to serve as the Town's architecture consultant for the following reasons: • CDG has extensive experience providing architectural review and preparing design guidelines. • CDG specializes in the above two disciplines. • CDG's analysis of two sets of plans provided by the Town (practical exercise) were the most detailed and. best organized. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER DESIGN REVIEW ALTERNATIVES FOR ARCHITECTURE & SITE APPROVAL APPLICATIONS January 3, 2002 • Good use of graphics makes consultant's reports user friendly and easy to understand. • Larry Cannon, principal, is both a registered architect and a certified planner. • CDG is successfully providing architectural peer review services to the cities of Cupertino, Sunnyvale, Dublin, Albany and Pleasanton. • CGD has experience with historic preservation. Mark Srebnik, AIA was also determined to be a highly qualified candidate. He has over 23 years of architecture and urban design experience and has provided architectural and design services to a number of Bay Area cities including Cupertino, Campbell, Los Altos, Santa Clara and Santa Clara County. Mr. Srebnik was a team leader for the 1994 Los Gatos Boulevard Design Charrette and has prepared design guidelines for several local communities including Los Altos, Cupertino and Campbell. Larry Cannon of Cannon Design Group will make a presentation to the Council at the January 7, 2002 meeting and will be available to answer questions. Mark Srebnik will also be in attendance at the meeting. PARALLEL PROCESS There will be a parallel process for approximately three months following institution of the new architectural review process. Projects that are already in progress will continue under the current process. Applications submitted after the architectural consultant is hired will proceed under the new process. Staff will return to the Council with necessary Zoning Ordinance amendments to support the new design review process. The process will be refined after it is put into place and staff and the Commission and Council are able to see what is working well and where changes would be beneficial. The architectural consultant will also make recommendations on procedural changes that will improve the process. ZONING ORDINANCE: Section 29.20.750 of the Zoning Ordinance summarizes the duties of the Planning Commission. In adopting the attached resolution, the Council is providing direction to the Planning Commission that its purview of architecture and site is limited to those areas such as privacy concerns that were not apparent during the initial review or other matters that are brought up by the public. The resolution also directs the Commission that it is preferable to develop conditions of approval to address issues that surface during the public hearing rather than continuing a project and requiring an applicant to return to the Commission with revised plans. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER DESIGN REVIEW ALTERNATIVES FOR ARCHITECTURE & SITE APPROVAL APPLICATIONS January 3, 2002 CONCLUSION: Staff recommends that the Council adopt the resolution (Attachment 1) authorizing the Town Manager to enter into agreements with Cannon design Group as the primary consultant and Mark Srebnik, AIA, as the back-up or secondary consultant. ENVIRONMENTAL ASSES SMENT Not applicable: this is not a project as defined by the California Environmental Quality Act. FISCAL IMPACT: The intent of the deposit and fee is cost recovery. The administrative fee is to cover staff time reviewing and coordinating the work with the architectural consultant. The recommended deposit for projects with new commercial buildings and hillside homes is $1,500. For smaller residential projects, the deposit would range from $500 to $1,000 depending on the complexity of the design issues that must be addressed. These deposits are based on the estimated costs to review a single family home in an R-1 neighborhood and a new hillside residence. If the entire deposit is not used, the balance will be refunded to the applicant. Attachments: 1. Draft Resolution with contracts attached 2. Proposal from Cannon Design Group 3. Proposal from Mark Srebnik, AIA Distribution: Larry Cannon, Cannon Design Group, 180 Harbor Drive, Suite 219, Sausalito, CA 94965 Mark Srebnik, AIA, 1644 Dallas Court, Los Altos, CA 94024 BNL:SD:rndc N\DEV\S UZANN E\Council\Reports1FY2001-02\ConsultingArchitect.wpd RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENTS WITH CANNON DESIGN GROUP AS THE PRIMARY AND MARK SREBNIK ARCHITECT-AIA, AS THE SECONDARY (BACK-UP) FOR SERVICES AS ARCHITECTURAL CONSULTANTS TO THE TOWN WHEREAS, the Town of Los Gatos Town Council has determined that there is a need for an architectural consultant; and WHEREAS, the General Plan 2000 includes policies and implementing strategies supporting this action; and WHEREAS, the Town of Los Gatos sent Requests for Proposals to over 40 Bay Area architectural and urban design firms including the Santa Clara Valley Chapter of the AIA; and WHEREAS, the Town received seven proposals for architectural consulting services; and WHEREAS, the most qualified consultants based on the proposals, interviews conducted by Town staff and a evaluation of sites proposed for development are Cannon Design Group and Mark Srebnik Architect-AIA; and WHEREAS, project managers, Larry Cannon of Cannon Design Group and Mark Srebnik of Mark Srebnik Architect-AIA have applicable experience with peer review, preparation and interpretation of design guidelines, working with small communities, and are able to provide architectural review services to the Town on an as needed basis, RESOLVED, by the Town Council that the Town Manager is authorized and directed to execute the agreements, attached hereto as Exhibits 1 and 2, for services as the primary and secondary architectural consultants on behalf of the TOWN OF LOS GATOS. ATTACHMENT 1 FURTHER RESOLVED, that the Planning Commission is directed to defer to the recommendations of the consulting architect when reviewing Architecture & Site applications and to address through conditions of approval issues that are raised by the public, such as privacy concerns or other matters that were not apparent during the initial review. PASSED AND ADOPTED at a regular meeting of the Town Council held on the day of , 2002, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: AB STAIN: SIGNED: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1DEVIRESOS1Architect.wpd 2 AGREEMENT FOR ARCHITECTURAL CONSULTING SERVICES THIS AGREEMENT is entered into this day of January, 2002, by and between Town of Los Gatos, State of California, herein called "Town", and CANNON DESIGN GROUP, engaged in providing ARCHITECTURAL consulting services herein called "Consultant". RECITALS A. Town is considering undertaking activities to PROVIDE ARCHITECTURAL CONSULTING SERVICES FOR THE TOWN OF LOS GATOS. B. Town desires to engage CANNON DESIGN GROUP to provide consulting services to REVIEW AND CRITIQUE ARCHITECTURE FOR PROPOSED DEVELOPMENT PROJECTS; PROVIDE WRITTEN COMMENTS TO THE COMMUNITY DEVELOPMENT DEPARTMENT; PROVIDE TECHNICAL ASSISTANCE ON UPDATES OF THE TOWN'S DESIGN GUIDELINES AND ATTEND PUBLIC MEETINGS AS NEEDED because of Consultant's experience and qualifications to perform the desired work. C. Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Consultant shall provide the services listed in the Consultant's Scope of Work, attached hereto as Exhibit "A" and by this reference incorporated herein, and the services listed below. Administrative Duties I. When needed by Town, review and critique the architecture of addition/remodels or new buildings that are part of proposed development and redevelopment projects, including evaluation of architectural plans; site visits; consulting with project planners, the Director of Community Development and/or design professionals as needed; review for compliance with applicable design standards and guidelines, specific plans and the General Plan, and submission of written comments to the Town prior to applicable staff or DRC meetings (typically a 10 day turnaround). II. When needed by Town, work on special studies or projects including but not limited to: updating the Town's design standards and guidelines, preparation of a checklist for content of architectural elevations for application packets, and assistance with preparation/revision of hillside design guidelines. Revised: January 3, 2002 Page 1 of 8 N:\DEV\SUZANNE1Architect\Cannon-Contract.wpd III. When needed by Town, conduct field investigations, studies, and prepare reports related to architectural design, and develop appropriate conditions of approval. IV. When needed by Town, assist in the establishment and subsequent modification of Town's design standards and guidelines, policies, and development fees. V. When needed by Town, attend meetings with Town staff, public officials, community leaders, developers, design professionals and the general public. VI. When needed by Town, advise, support and assist Town departments, committees, commissions, and Town Council. In addition, act as a liaison between Town and Federal, State, and Regional agencies. VII. When needed by Town, attend Town Council, Planning Commission, and special study session meetings when architectural review processes, policies or issues or design guidelines revisions are being considered. VIII. As requested by Town, provide copies of draft and final draft work products of reports and studies prepared for Town. Consultant shall provide electronic file copies of these documents as needed. Other miscellaneous services IX. Town may occasionally have the need for other services not specifically listed in this document that the consultant has the necessary experience and capabilities to provide. Town or Redevelopment Agency may authorize consultant to perform such selected services on an as -needed basis. 2. Time of Performance. The services of Consultant are for a fixed one year period that will commence upon the execution of the contract. Town retains the option with the mutual consent of Town Manager and Consultant to renew the contract for a maximum of three optional years. Should Town not renew a contract, the award and authorization of the contract shall automatically expire. Town shall give Consultant at least 30 days notice, prior to the cancellation or expiration of the contract. 3. Compliance with Laws. 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 represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals 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 Town of Los Gatos. Revised: January 3, 2002 NODE V\SUZANNEWrchitect\Cannon-Contract.wpd Page 2 of 8 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by Town and all reports and supportive data prepared by Consultant under this Agreement are Town's property and shall be delivered to Town upon the completion of Consultant's services or at 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 Town to the public, and Consultant shall not make any of the these documents or information available to any individual or organization not employed by Consultant or Town without the written consent of Town before such release. Town acknowledges that the reports to be prepared by 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 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. 6. Compensation. Compensation for Consultant's professional services shall be based upon Town approval of each task as noted in the Scope of Services. Compensation for each task shall not exceed the amount per task noted in Consultant's Schedule of Charges (attached hereto as Exhibit "B" and incorporated by reference herein). Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Billing invoices submitted for payment must reference Town Purchase Order Number, and if applicable, the appropriate project address and Town Application Number (e.g. 290 Wooded View Drive/S-00-84). 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. Only one (1) purchase order number per invoice will be accepted. All invoices and statements shall reference Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 949 Los Gatos, CA 95031 Statements: Town of Los Gatos Attn: Sandy Ortiz P.O. Box 949 Los Gatos, CA 95031 Revised: January 3, 2002 Page 3 of 8 N:\DE V\SUZANNE\Architect\Cannon-Contract.wpd 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion ofthe work under this Agreement. Consultant shall make these records available to authorized personnel of Town at Consultant's offices during business hours upon written request of Town. 8. Project Manager. The Project Manager for Consultant for the work under this Agreement shall be Larry Cannon, AIA, AICP. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to Consultant. No portion of these services shall be assigned or subcontracted without the written consent of Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: To Consultant: Bud N. Lortz Director of Community Development Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Fax: (408) 354-7593 Phone: (408) 354-6874 E-mail: blortz@town.los-gatos.ca.us Larry Cannon AIA AICP Cannon Design Group 180 Harbor Drive, Suite 219 Sausalito, CA 94965 Fax: (415) Phone: (415) 331-3795 E-mail: cdgplan@pacbell.net or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independent Contractor. It is understood that Consultant, in the performance ofthe work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of 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, 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. Revised: January 3, 2002 Page 4 of 8 N:\DE V\SUZANNE\Architect\Cannon-Contract.wpd 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. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to Town. Consultant has and shall not obtain any holding or interest within Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of Staff or management of 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 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 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 Town's sole discretion, sever any such employment relationship. 13. 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. 14. Insurance. A. 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. 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. Revised: January 3, 2002 Page 5 of 8 N:\DE V\SUZANNE\Architect\Cannon-Contract.wpd fl iii. Consultant shall provide to Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by 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. B. General Liability: 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 Consultant; products and completed operations of Consultant, premises owned or used by Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. Consultant's insurance coverage shall be primary insurance as respects Town, its officers, officials, employees and volunteers. Any insurance or self - insurances maintained by Town, its officers, officials, employees or volunteers shall be excess of 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 Town, its officers, officials, employees or volunteers. iv. 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. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with Town Clerk. D. 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 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. Revised: January 3, 2002 Page 6 of 8 N:1DE VISUZANNE\Architect\Cannon-Contract.wpd 15. Indemnification. Consultant shall save, keep and hold harmless indemnify and defend 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 Consultant, or any of Consultant's officers, employees, or agents or any sub -consultant. 16. 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. 17. 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. 18. Termination of Agreement. Town and Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) clays written notice of termination. In the event of termination, Consultant shall deliver to Town all plans, files, documents, reports, performed to date by 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 Town bears to completed services contemplated under this Agreement pursuant to the noted Scope of Services and Exhibit A hereto, 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. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by Town and Consultant. 20. 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. 21. Entire Agreement. This Agreement, including Exhibits A & B, constitutes the complete and exclusive statement of the Agreement between 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. Revised: January 3, 2002 N:\DE VISUZANNE\Architect\Cannon-Contract.wpd Page 7 of 8 1N WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos Consultant: Debra Figone, Town Manager Larry Cannon, AIA AICP Town of Los Gatos Cannon Design Group ATTEST: Clerk of Town of Los Gatos, Los Gatos, California Marian V. Cosgrove, Town Clerk Approved as to Form: Orry P. Korb, Town Attorney Revised: January 3, 2002 Page 8 of 8 N:\DE V\SUZANNE\Architect\Cannon-Contract.wpd Proposal PROJECT APPROACH Peer review can be a sensitive undertaking. Jokingly, I have often likened the process to that often seen on the bumper sticker: Never try to teach a pig how to sing - it is a waste of your time and it annoys the pig. While design review can often be challenging, it is, of course, never a waste of time. It does, however, have the po- tential to annoy a number of people including applicants, their design professionals, and neighbors of projects who are un- able to achieve all of the mitigation measures or design changes they might desire. In addition, applicants are frequently re- spected members of the community with a long history in the Town's growth and change. The challenge is in working in a respectful and non -judge- mental way on each project to achieve the best result possible for the Town while accommodating as much as possible the applicant's reasonable goals. This requires some careful listen- ing, mutual respect for a variety of opinions, and a commit- ment to seek fresh solutions. The problems that show up most frequently include the following: • Land prices that require more development on a par- cel than is consistent with the scale of the surround- ing area. Residential applicants determined to build as large a home as possible for resale value. • Applicants who put a lot of time, emotional energy, and dollars into a project design before getting ad- equate feedback from the staff and from the review and approval bodies. • Developers who do not allow their design profes- sionals an opportunity to explore an adequate num- ber of planning and design approaches to difficult sites. • Design professionals who lock into a design very early, and have a difficult time in putting any fresh thought into potential alternative solutions. • Planning and design approaches that optimize inter- nal function, economic return, or owner desires, but that fail to adequately take into account the context of the site and the expectations of the immediate neighbors and the community at large. The approach to peer review differs in each community in which CDG provides those services. In some, reviews are made and advice given to staff with infrequent or no contact with the applicant. In others, CDG is charged with the responsiblity of resolving all design issues before the project will be scheduled for hearing. Suggested Approach The following approach is one that has seemed to work well. 1. An initial meeting including the architectural consult- ant, Town staff, the applicant and their design pro- fessionals to discuss the site, program and initial de- sign concepts. This is an optional step and depends on the complexity of the project and the sensitivity of the project in its neighborhood context. 2. A reconnaissance of the site and, where appropriate, assembly of contextual photographs. This may also be an optional task. In Cupertino, I visit the site only for very sensitive projects, orfor sites that have unique characteristics. 3. A discussion between staff and the architectural con- sultant to identify any special issues or concerns. 4. Preliminary review of the project with a summary letter to staff identifying planning and design issues. When appropriate, I prepare overlay diagrams to sug- gest one or more alternative approaches to resolving individual concerns. I try to limit these to conceptual ideas, but in some cases, my city clients have asked for more specific recommendations when there is doubt concerning the architect's ability or commit- ment to deliver a satisfactory solution. Some examples of these review letters follow this page. 5. The next step is variable. Normally, staff forwards the letter along with any additional comments to the applicant for review and revisions to the design. Sometimes it has been appropriate to have a meet- ing/work session with the applicant to discuss the concerns and perhaps reach some preliminary agree- ment as to direction. 6. In many cases, my clients have instructed the applicant's architect, with the applicant's concurrence, to work directly with me to resolve design issues and find acceptable solutions. This has been done through fax exchange of drawings, telephone conversations and direct meetings where necessary. In all cases, I have kept the city staff informed. This is up to the Town, and is obviously a matter of city staff and their planning commissions developing a level of trust in my judgement, but when it has been utilized it has substantially reduced the number of meetings and design iterations. Exhibit A Cannon Design Group 180 Harbor Drive Suite 219 Sausalito, California 415.331-3795 i Proposal 7. Once revisions are made to the design and it is re- submitted, I generally review the project again. Of- ten this is enough. However, on some complex projects or in cases where the applicant or their de- sign professionals are unable or unwilling to make satisfactory modifications, the process can go through additional cycles. 8. In the case of Pleasanton, I generally attend the Plan- ning Commission public hearing for all projects that I review. In the other jurisdictions, such as Cupertino and Sunnyvale, I do not attend unless there is a feel- ing that the Commission may wish some additional input at the hearing. Cannon Design Group 180 Harbor Drive Suite 219 Sausalito, California 415.331-3795 Proposal ESTIMATED HOURS AND FEES Hours and fees for similar CDG services in other com- munities have varied widely, and depend on the complexity of the project, the skill of the applicant's design professionals, and the willingness of the applicant to work cooperatively with the Town. Recent review assignments have ranged from less than $500 to around $5,500. Most that involve site reconnaissance and meetings with applicants have been between $1,500 and $2,500. Projects above the $3,000 level have usually been ones in which the applicant's design professionals have not ad- equately responded to comments in the view of staff or the Planning Commission. These have required additional meet- ings and, in some cases, the preparation of suggested design changes in graphic form. CDG charges $120 per hour for Larry Cannon's time plus expenses at cost plus 15%. A typical meeting would cost about $500 including travel time and expenses. The following is what I would believe to be a reasonable budget, including travel time and expenses, for a project re- quiring some significant review 1. Preliminary submittal familiarity review 2. Site reconnaissance, meeting with applicant, and discussion with staff 3. Preliminary review and summary letter 4. Follow up meeting with staff and applicant (Optional) 5. Resubmittal review and letter 6. Attendance at one public meeting (Option/) Personnel totals Expenses (3 trips). Estimated Total Estimated Total excluding optional items (1 trip for site reconnaissance) 1 hour $ 120.00 4 hours 4 hours 4 hours $ 480.00 $ 480.00 $ 480.00 2 hours $ 240.00 4 hours $ 48'0.00 16 hours $ 2,280.00 $ 135.00 $ 2,415.00 $ 1,355.00 Exhibit B Cannon Design Group 180 Harbor Drive Suite 219 Sausalito, California 415.331-3795 AGREEMENT FOR ARCHITECTURAL CONSULTING SERVICES THIS AGREEMENT is entered into this day of January, 2002, by and between Town of Los Gatos, State of California, herein called "Town", and MARK SREBNIK ARCHITECT- AIA, engaged in providing ARCHITECTURAL consulting services herein called "Consultant". RECITALS A. Town is considering undertaking activities to PROVIDE BACK-UP ARCHITECTURAL CONSULTING SERVICES FOR THE TOWN OF LOS GATOS. B. Town desires to engage MARK SREBNIK, AIA to provide consulting services to REVIEW AND CRITIQUE ARCHITECTURE FOR PROPOSED DEVELOPMENT PROJECTS; PROVIDE WRITTEN COMMENTS TO THE COMMUNITY DEVELOPMENT DEPARTMENT; PROVIDE TECHNICAL ASSISTANCE ON UPDATES OF THE TOWN'S DESIGN GUIDELINES AND ATTEND PUBLIC MEETINGS AS NEEDED because of Consultant's experience and qualifications to perform the desired work. C. Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Consultant shall provide the services listed in the Consultant's Scope of Work, attached hereto as Exhibit "A" and by this reference incorporated herein, and the services listed below. Administrative Duties When needed by Town, review and critique the architecture of addition/remodels or new buildings that are part of proposed development and redevelopment projects, including evaluation of architectural plans; site visits; consulting with project planners, the Director of Community Development and/or design professionals as needed; review for compliance with applicable design standards and guidelines, specific plans and the General Plan, and submission of written comments to the Town prior to applicable staff or DRC meetings (typically a 10 day turnaround). II. When needed by Town, work on special studies or projects including but not limited to: updating the Town's design standards and guidelines, preparation of a checklist for content of architectural elevations for application packets, and assistance with preparation/revision of hillside design guidelines. Revised: January 3, 2002 N:\DEV\SUZANNE\Architect\Srebnik-Contract. wpd Page 1 of 8 Exhibit 2 n III. When needed by Town, conduct field investigations, studies, and prepare reports related to architectural design, and develop appropriate conditions of approval. IV. When needed by Town, assist in the establishment and subsequent modification of Town's design standards and guidelines, policies, and development fees. V. When needed by Town, attend meetings with Town staff, public officials, community leaders, developers, design professionals and the general public. VI. When needed by Town, advise, support and assist Town departments, committees, commissions, and Town Council. In addition, act as a liaison between Town and Federal, State, and Regional agencies. VII. When needed by Town, attend Town Council, Planning Commission, and special study session meetings when architectural review processes, policies or issues or design guidelines revisions are being considered. VIII. As requested by Town, provide copies of draft and final draft work products of reports and studies prepared for Town. Consultant shall provide electronic file copies of these documents as needed. Other miscellaneous services IX. Town may occasionally have the need for other services not specifically listed in this document that the consultant has the necessary experience and capabilities to provide. Town or Redevelopment Agency may authorize consultant to perform such selected services on an as -needed basis. 2. Time of Performance. The services of Consultant are for a fixed one year period that will commence upon the execution of the contract. Town retains the option with the mutual consent of Town Manager and Consultant to renew the contract for a maximum of three optional years. Should Town not renew a contract, the award and authorization of the contract shall automatically expire. Town shall give Consultant at least 30 days notice, prior to the cancellation or expiration of the contract. 3. Compliance with Laws. 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 represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals 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 Town of Los Gatos. Revised: January 3, 2002 N:IDEVISUZANNE1Architect\Srebnik-Contract. wp d Page 2 of 8 n 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by Town and all reports and supportive data prepared by Consultant under this Agreement are Town's property and shall be delivered to Town upon the completion of Consultant's services or at 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 Town to the public, and Consultant shall not make any of the these documents or information available to any individual or organization not employed by Consultant or Town without the written consent of Town before such release. Town acknowledges that the reports to be prepared by 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 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. 6. Compensation. Compensation for Consultant's professional services shall be based upon Town approval of each task as noted in the Scope of Services. Compensation for each task shall not exceed the amount per task noted in Consultant's Schedule of Charges (attached hereto as Exhibit "B" and incorporated by reference herein). Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Billing invoices submitted for payment must reference Town Purchase Order Number, and if applicable, the appropriate project address and Town Application Number (e.g. 290 Wooded View Drive/S-00-84). 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. Only one (1) purchase order number per invoice will be accepted. All invoices and statements shall reference Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 949 Los Gatos, CA 95031 Statements: Town of Los Gatos Attn: Sandy Ortiz P.O. Box 949 Los Gatos, CA 95031 Revised: January 3, 2002 Page 3 of 8 N:1DEV\SUZANNE\ArchitecttSrebnik-Contract.wpd 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of Town at Consultant's offices during business hours upon written request of Town. 8. Project Manager. The Project Manager for Consultant for the work under this Agreement shall be Mark Srebnik, AIA. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to Consultant. No portion of these services shall be assigned or subcontracted without the written consent of Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: To Consultant: Bud N. Lortz Director of Community Development Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Fax: (408) 354-7593 Phone: (408) 354-6874 E-mail: blortz@town.los-gatos.ca.us Mark Srebnik Architect, AIA 1644 Dallas Court Los Altos, CA 94024-6119 Fax: (650) 969-8898 Phone: (650) 969-5757 E-mail: Mark@MarkSrebnikArchitect.com or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independent Contractor. It is understood that 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 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, 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. Revised: January 3, 2002 Page 4 of 8 N:\DEV\SUZANNE\Architect\Srebnik-Contract.wpd r 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. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to Town. Consultant has and shall not obtain any holding or interest within Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of Staff or management of 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 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 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 Town's sole discretion, sever any such employment relationship. 13. 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. 14. Insurance. A. 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. 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. Revised: January 3, 2002 Page 5 of 8 N:1DEV\SUZANNE\Architect\Srebnik-Contract.wpd iii. Consultant shall provide to Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by 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. B. General Liability: 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 Consultant; products and completed operations of Consultant, premises owned or used by Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. Consultant's insurance coverage shall be primary insurance as respects Town, its officers, officials, employees and volunteers. Any insurance or self - insurances maintained by Town, its officers, officials, employees or volunteers shall be excess of 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 Town, its officers, officials, employees or volunteers. iv. 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. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with Town Clerk. D. 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 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. Revised: January 3, 2002 Page 6 of 8 N:1DE VISUZANNE\Architect\Srebnik-Contract. wpd 15. Indemnification. Consultant shall save, keep and hold harmless indemnify and defend 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 Consultant, or any of Consultant's officers, employees, or agents or any sub -consultant. 16. 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. 17. 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. 18. Termination of Agreement. Town and Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, Consultant shall deliver to Town all plans, files, documents, reports, performed to date by 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 Town bears to completed services contemplated under this Agreement pursuant to the noted Scope of Services and Exhibit A hereto, 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. 19. Amendment. No modification, waiver, mutual termination, or amendment ofthis Agreement is effective unless made in writing and signed by Town and Consultant. 20. 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. 21. Entire Agreement. This Agreement, including Exhibits A & B, constitutes the complete and exclusive statement of the Agreement between 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. Revised: January 3, 2002 Page 7 of 8 N:IDEV\SUZANNE\ArchitectlSrebnik-Contract.wpd IN WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos Consultant: Debra Figone, Town Manager Mark Srebnik Town of Los Gatos Mark Srebnik Architect-AIA ATTEST: Clerk of Town of Los Gatos, Los Gatos, California Marian V. Cosgrove, Town Clerk Approved as to Form: Orry P. Korb, Town Attorney Revised: January 3, 2002 N:1DEv1SUZANNE\Architect\Srebnik-Contract.wpd Page 8 of 8 5.0 PROJECT APPROACH 5.1 UNDERSTANDING OF SERVICES TO PROVIDE Mark Srebnik, AIA will provide the following services: • Peer architecture and site design reviews for development applications • Recommend changes based upon Town's design standards • Attend introductory meetings with Town Council, Architectural Standards Committee, and Planning Commission • Attend meetings with Town staff and applicants during project review and/or public hearings as needed Future work may include special projects such as: • Update Town's design guidelines • Update Town's application packet checklist 5.2 HOW SERVICES WILL BE PERFORMED Process for performing services will be established working with Town staff after introductory meetings. The assumption is that once process is established, Town staff would either notify Mark Srebnik, AIA to pick-up application packets to be reviewed or send them to him. Once packets have been received, Mark Srebnik, AIA will start the review process as outlined below in section 5.3. Exhibit A 5.3 APPROACH T(. EER REVIEW The approach to be used on peer review would be as follows: • Review all available information on application • Visit site and make field observations of existing conditions of subject property and impact on neighboring properties • Review and analyze design relative to Town's design standards and field observations • Summarize findings • Prepare list of recommended changes • Submit to Town staff • Attend project review and/ or public hearings as needed Provide input as appropriate 5.4 CONSTRAINTS & RESOLUTION OF PROBLEMS The main constraint on performing design reviews is time. The time issue relates to how far in advance the consultant is able to start reviewing a project. More advance time allows for a more thorough review and to resolve arty issues discovered during review. It's possible that more information may be needed if it's discovered that the application package has something missing or incorrect. Based upon prior design review experience, many problems are avoided if the standards are clearly communicated to applicants prior to their starting the design process. Usually, problems if they arise are due to miscommunication or misunderstanding of the standards or process. It's critical for all parties involved applicants, architects, designers, and community members to understand the nature and extent of the design review process. Design reviews can be an emotional and tense environment at times as a lot is at stake for everyone involved. How the reviews are handled will play a large role in minimizing this issue. It is important that everyone is treated with dignity and respect during a review. Design reviews can be conducted either informally or formally. i 6.0 ESTIMATED HOURS & FEE ESTIMATES 6.1 ESTIMATED HOURS & FEE ESTIMATES I The following fee estimate is for the scope of work outlined above for this project based on our current rate schedule. Reimbursable expenses are not included. 1 Fees in Section II below are for a single application. Range of Fees in Section III below reflect differing meeting lengths due to number of items on agenda or .1 complexity of applications involved Additional Services, if any, will be charged on a time and materials basis in accordance with our rate schedule in effect at the time work is being performed. Our current rate schedules are included below as part of this proposal. 1 I Project Organization & Schedule Task Fee Estimate A. Introductory Meetings: TC/PC/ASC $660.00 B. Meetings w/Staff $440.00 Total $1100.00 1 II Peer Architecture Reviews Task Fee Estimate 11 A. Review Application Packet $55.00-110.00 . B. Field Observation $55.00 -110.00 C. Analyze Design/ Make Recommendations $55.00 -110.00 I III Peer Architecture Review Meetings 1 Task Fee Estimate I A. Design Review Hearings $220.00 -440.00 1 i Current Fee Schedule Mark Srebnik, Architect •AIA: Personnel Hourly Rate Principal/ Project Manager $125.00 Senior Drafter/ Designer $75.00 Drafter/ Designer $60.00 Clerical $40.00 Reimbursable Expenses The total estimated project fee does not include reimbursable expenses. These are expenses incurred as a necessary part of the project development that include, but are not limited to reproduction of reports and drawings, CAD plots, cost of special consultants, and cost of other sub -consultants or contractors, photography, faxes, and other copying. Reimbursable expenses will be charged at prevailing rate at the time work is being performed. Currently, charges are as follows: Materials: Supplies, Prints, Photography, Copying, Delivery Cost Plus 15% Plotting: B & W $20/D size sheet Color $25 / D size sheet Consultants Cost plus 15% Other Fees and Adjustments Suitable fees for either personnel or materials/ equipment would be applied in keeping with those listed above for any classification not covered above. 7.0 CONCLUSION 7.1 SUMMARY Our goal is to provide the Town of Los Gatos with service that allows the Town to meet its goals, enhance the aesthetic aspects of the projects, and maximize the use of its expenditures. Mark Srebnik, AIA will provide the expertise and skills to achieve the above. With the firm's demonstrated experience in architecture, urban design, and planning we feel confident that we can provide the service this project needs. We are prepared to make the necessary time and energy commitment to make this happen.