14 Staff Report - New Library Project
MEETING DATE: 01-20-09 ITEM NO: COUNCIL/AGENCY AGENDA REPORT DATE: JANUARY 14,2009 TO: MAYOR AND TOWN COUNCIL! CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: GREG LARSON, TOWN MANAGER/EXECUTIVE
DIRECTOR SUBJECT: NEW LOS GATOS LIBRARY PROJECT A. REVIEW FINAL CONCEPTUAL DESIGN FOR NEW LIBRARY B. AUTHORIZE TOWN MANAGER TO NEGOTIATE AND EXECUTE AGREEMENT WITH NOLL & TAM ARCHITECTS
IN AN AMOUNT NOT TO EXCEED $1,766,735.00 FOR SCHEMATIC DESIGN THROUGH CONSTRUCTION ADMINISTRATION SERVICES FOR THE NEW LOS GATOS LIBRARY RECOMMENDATION: 1. Review final conceptual design
for the new Los Gatos library. 2. Authorize Town Manager to negotiate and execute agreement with Noll & Tam Architects in an amount not to exceed $1,766,735.00 for schematic design through
construction management for the new Los Gatos library. BACKGROUND: On October 1,2007, the Town Council directed staff to proceed with specific plaIming for a new library with the assistance
of an architectural firm. Noll & Tam Architects have been working with staff since April 2008 to develop the conceptual design for the new library. In November and December, 2008, the
architects presented conceptual design alternatives to Council and the conmlllnity and received input to shape the final conceptual design to be discussed at the January 20,2009 Council
meeting. The final conceptual design defines the project for purposes of the environmental evaluation and land use approvals. (J dtt COk4J PREPARED BY: PAMELA JACOBS ASSISTANT TOWN
MANAGER N:\MGR\PJacobs\Libral)' Projecl\I-20-09 STAFF REPORT.doc Reviewed by:__Assistant Town Manager/Del?uty Director -W-Town Attorney/General Counsel__ Clerk Administrator/Secretary
__Community Development
PAGE 2 MAYOR A D TOWN COUNCIL/CHAIR A D MEMBERS OF THE REDEVELOPMENT AGE CY SUBJECT: EW LOS GATOS LIBRARY PROJECT A. REVIEW FINAL CO CEPTUAL DESIG FOR EW LIBRARY B. AUTHORIZE TOWN MANAGER
TO NEGOTIATE AND EXECUTE AGREEMENT WITH NOLL & TAM ARCHITECTS IN AN AMOUNT NOT TO EXCEED $1,766,735.00 FOR SCHEMATIC DESIGN THROUGH CO STRUCTIO 'ADMINISTRATION SERVICES FOR THE EW LOS
GATOS LIBRARY JA UARY 14,2009 DISCUSSIO : Final Conceptual Design At the January 20th meeting, the architects will present several elements of the final conceptual design using a PowerPoint
presentation (AttaclU11ent 1). These elements include design concepts, site plan, building cross-sections, primary elevations, a 3-dimensional perspective rendering, and a library floor
plan with conceptual layout of all library program elements. The conceptual design is based on feedback received from the Council and public in previous meetings, and the library floor
plan reflects significant discussions between the architects and Town library staff. Council may provided any additional feedback on the final conceptual design at the meeting of January
20'h , which will be incorporated as the project moves forward to the envirolU11ental review process and detailed design and development phases. Additional changes may be considered
on a consequence of environmental review. Staff and the architects continue to refine the cost estimates for the building, parking, demolition and site improvements with the goal of
keeping within the $18.4 million approved budget. The cost estimate associated with the final conceptual design remains within this target. As the cost estimates get refined, it is possible
that the footprint of the building could be reduced to keep within the approved budget. The furniture, fixtures and equipment (FF&E) costs continue to not be included in the $18.4 million
budget as it has always been expected that the community would raise funds to cover these costs. etzel Associates has been engaged by the Friends of the Library group to assist with
the campaign to raise these funds on a parallel track with project design and construction. Agreement with Noll & Tam for Next Phase The initial agreement with Noll & Tam, entered into
in April, 2008, was for conceptual design services for the new library. At the time of approval of that agreement, staff indicated that upon completion of the conceptual design, staff
would determine whether to recommend another agreement with Noll & Tam for the subsequent phases of the project. Staff has been pleased with the architects' services, and they appear
to be well-received by the Council and community. Based on their performance and their in-depth knowledge about the project, staff is
PAGE 3 MAYOR AI D TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPME T AGENCY SUBJECT: EW LOS GATOS LIBRARY PROJECT A. REVIEW FINAL CO CEPTUAL DESIGN FOR EW LIBRARY B. AUTHORIZE TOWN
MA AGER TO NEGOTIATE AND EXECUTE AGREEME T WITH NOLL & TAM ARCHITECTS IN AN AMOUNT NOT TO EXCEED $1,766,735.00 FOR SCHEMATIC DESIGN THROUGH CONSTRUCTION ADMI lJSTRATION SERVICES FOR
THE EW LOS GATOS LIBRARY JA UARY 14,2009 recommending that the Town enter into another agreement with 011 & Tam to provide schematic design through construction administrative services.
The scope of work for the subsequent phases (Attachment 2) includes the following key elements: • Schematic design; • Design development documents; • Construction documents; • Interior
design services; • Bidding assistance; • Construction administration assistance; • Post-construction evaluation. Details regarding each of these elements are provided in Attaclunent
2. Also included in the proposed scope of work are the proposed fees, high level project budget, and draft project schedule. The proposed fees of$I,766,735.00 represent approximately
12% of the project's construction costs, comprised of approximately 10% for basic architect and engineering services and 2% for specialists' services. Also included are design fees associated
with the Furniture, Fixtures and Equipment (FF&E) budget. It is anticipated that the funds raised by the Friends of the Library will be used to reimburse the Town for the FF&E design
services. The proposed fees are within the standard range of architect fees for a project of this scale and for the comprehensive services to be provided. The Town will use a standard
contract developed by the American Institute of Architects (AlA) as the basis for the agreement with 011 & Tam, with modifications as needed. An important term that will be part of the
agreement will address the issue of potential redesign due to unexpectedly-high construction bids, such as occurred in the first bidding process for the police operations building. The
agreement will require the architect to redesign the project as needed to reduce the construction cost commensurate with the project budget. It is anticipated that the Town will use
the typical design-bid-build process to construct the library, including a phase to pre-qualify contractors as was used in the police facility project. Prior to the final determination
regarding the process, Town staff will review other possible construction delivery methods to ensure that the one selected is the best approach for the Town. The Assistant Town Manager
(ATM) and the Town Engineer (TE) will be co-project managers
PAGE 4 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: NEW LOS GATOS LIBRARY PROJECT A. REVIEW FINAL CONCEPTUAL DESIGN FOR NEW LIBRARY B. AUTHORIZE TOWN
MANAGER TO NEGOTIATE AND EXECUTE AGREEMENT WITH NOLL & TAM ARCHITECTS IN AN AMOUNT NOT TO EXCEED $1,766,735.00 FOR SCHEMATIC DESIGN THROUGH CONSTRUCTION ADMINISTRATION SERVICES FOR THE
NEW LOS GATOS LIBRARY JANUARY 14,2009 for the library project, with the key responsibilities shifting from the ATM to the TE as the project proceeds toward construction. RECOMMENDATION:
Staff recommends that Council authorize the Town Manager to negotiate and execute and agreement with Noll & Tam Architects to provide schematic design tlu·ough construction administration
services in an amount not to exceed $1,766,735.00. Unless directed otherwise, staff will use the final conceptual design as presented to initiate any required envirolUllental and land
use review. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action action is required. FISCAL IMPACT: Sufficient nmds are available for the new library
project as previously identified in the staff report discussing options for the development of a new library presented to Council on October 1, 2007 as follows: . New library Proposed
Funding Sources Source of Funds Fund Amount Status Designated Reserves for Civic Center Improvements Revenue Stabilization Reserve RDA Repayment of Police Building Loan RDA Potential
Future Financing General S General General/RDA RDA 663,086 Available and designated for this use by Council 1,000,000 To be allocated from $4.8 million 7/01/07 balance 2,720,000 Available
July 1, 2007 14.000,000 per financial advisor estimate updated 03115/2008 Total Project Funding Sources S 18.383,086 All nmds shown on the schedule above are in designated reserves and
part of the invested Town Treasurer's balances. They are all appropriated to the library project, with the exception of the $14 million in proceeds anticipated to be available in the
future from a Town Certificates of Participation (COP) financing secured by tax increment available from the Town's Redevelopment Agency.
PAGES MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: NEW LOS GATOS LIBRARY PROJECT A. REVIEW FINAL CONCEPTUAL DESIGN FOR NEW LIBRARY B. AUTHORIZE TOWN
MANAGER TO NEGOTJATE AND EXECUTE AGREEMENT WITH NOLL & TAM ARCHITECTS IN AN AMOUNT NOT TO EXCEED $1,766,735.00 FOR SCHEMATIC DESIGN THROUGH CONSTRUCTION ADMINISTRATION SERVICES FOR THE
NEW LOS GATOS LIBRARY JANUARY 14,2009 It is important to note that the estimates of funds available from a future RDA bond issue are subject to change. The estimate of funds is based
on the growth rate of the assessed valuation in the Town RDA project area and prevailing interest rates in tax-exempt municipal markets at the time the final financing plan is adopted
and the bonds are issued. At present there is a great deal of uncertainty in the credit markets, which is reported to be adversely impacting the municipal bond market. Staff continues
to monitor developments in the credit markets and believes that by next fall, normalcy should return to the municipal bond market. The Town's financial advisor and staff will be analyzing
developments to ascertain the best timing to go to market for the planned issuance of the certificates of participation. IfRDA bond funds prove to be less than estimated, the footprint
of the building could be reduced (1,000 sq. ft. equals approximately $500,000) and other current revenue sources considered. Attachments: I. PowerPoint Presentation on Final Conceptual
Design 2. Proposed Scope of Work for Agreement with Noll & Tam Architects
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PROPOSED SCOPE OF WORK FOR AGREEMENT WITH NOLL & TAM ARCHITECTS JANUARY 15,2009 ATTACHMENT 2
EXHIBIT A SCOPE OF WORK DRAFT 15 January, 2009 I. SCHEMATIC DESIGN PHASE A. Schematic Design Docnments: Consultant shall prepare Schematic Design Documents from the approved Conceptual
Design Documents. Schematic Design Documents shall include but are not limited to the following: 1. Architectnral a. Site Plan indicating proposed location ofbnilding and proposed changes
to the adjacent streets, curb, gutters, sidewalks, plazas, and location of exterior utilities and service lines. b. Floor and Roof Plans showing all rooms and areas, entrances, exits,
stairways, elevators, circulation areas, toilet rooms and major mechanical, computer and electrical areas and parking layouts. c. Building Elevations d. Building Sections e. Code Requirements
2. Civil Engineering a. Site Demolition Plan b. Utility Relocation Plan c. Site Improvements d. Parking Plan e. Site Grading and Drainage f. Parking Entrances and Egress 3. Landscape
Architectnre a. Hardscape b. Parking Plan c. Planting Plan 4. Structural a. Develop alternate structural schemes b. Structural narrative for cost estimating c. Hand sketched or CAD plans
to show extent of structure and foundations -1-
5. MechanicallPlumbing a. Estimated heating and .cooling loads b. Discuss alternate HVAC system design concepts c. Determine equipment room sizes, shaft areas and locations d. Prepare
Schematic design sketches of the main HVAC system e. Estimate plumbing loads f. Determine plumbing equipment space requirements g. Prepare single line plumbing diagram h. Estimate building
fIrewater flow requirement 6. Electrical a. Perform initial electrical load calculations b. Prepare preliminary lighting, power, and signal drawings. c. Prepare preliminary electrical
equipment room layouts and telecommunications/data room for integration into the design d. Prepare schematic electrical site plans e. Prepare preliminary lighting plans 7. Telecommunications,
Security, AV, Pagini', a. Prepare written narrative for technology systems design criteria after establishing technology requirements with Owner. b. Interior and exterior building security
systems, including surface parking 3. Geotechnical ReporCi: a. Complete Complete geotechnical report started during conceptual design phase. Ill. Outliue Specificatiom;:
Consultant shall provide a preliminary general description of building system;:. C Meetings: Consultant shall prepare for and attend the following meetings in Los Gatos: 1. Staff 4 (CDD,
PPW, Fire) 2. Library Subcommittee 2 3. Library Staff 3 4. Public Presentations 4 (CDAC, PC, TC, Community) Additional meetings, if required, will be considered Additional Services.
-2-
D. Statements of Probable Construction Costs: The Consultant shall provide an Estimate of Probable Construction Cost, to demonstrate the design is within the approved design budget shown
in Exhibit D. The Estimate of Probable Construction Cost shall include an appropriate design contingency and anticipated escalation costs through the mid point of construction based
on the anticipated schedule for construction shown in Exhibit E. Should the estimate ofProbable Construction Costs submitted by Consultant exceed the design budget, Consultant shall
at the same time submit, without additional cost to the Town, reasonable alternative approaches to the design and construction of the Project that will reduce the construction costs
to be equal or less than the Construction Budget. E. Building Program Verification: VeritY the compliance of the schematic design with the building program including area tabulations
for the facility. F. Add Alternates: Consultant shall propose and discuss with the Town a list ofpossible add alternatives. The Consultant shall describe their impact on the project
and how these add alternates would maximize program content. G. Town Comments: The Consultant shall review and provide a written response to all co=ents generated by the Town or other
Town consultants, which are generated from the review ofthe deliverables provided by the Consultant. H. Deliverables: Consultant shall provide three (3) sets ofthe Schematic Design Documents,
the statement ofprobable construction cost, the building program, and a report providing the Consultant's reco=endations at the end of the phase. I. Renderings As a reimbursable expense,
Consultant shall provide at least one exterior and one interior watercolor rendering of the project. J. LEED Certification Consultant shall update the LEED checklist prepared during
the Conceptual Design phase to conform with the current state of the design and project budget, with the goal of achieving LEED Silver certification art a minimum. Consultant shall be
responsible to manage the on-line certification process with the USGBC. K. Town Direction: Consultant shall not proceed with the Design Development Phase until receiving written direction
from the Town. -3-
II. DESIGN DEVELOPMENT PHASE A. Design Development Documents: Based on the approved Schematic Design Documents and any adjustments authorized by Town in the program or the Project Design
Budget, Consultant shall prepare, for approval by Town, Design Development Documents. The Design Development Drawings will consist of drawings, specifications and other documents to
fix and describe the size and character of the entire Project as to architectural, civil, structural, mechanical, electrical, and telecommunication systems; materials and such other
elements as may be appropriate. Consultant shall prepare from the approved Schematic Design Documents, all necessary Design Development Documents, including, but not limited to, the
following: 1. Architectunl a. Site Plan showing location ofbuilding and proposed changes to the adjacent streets, curb, gutters, sidewalks, and the location of exterior utilities ancl
service lines b. Floor Plans c. Building Elevatiom d. Building Sections e. Selected Interior Elevations f. Typical Wall Sections g. Preliminary Exterior and Interior Details, including
window and door selections, skylights, etc 2. Civill a. Site Demolition Plan b. Utility Relocation Plml c. Site Improvements d. Site Grading and Drainage e. Parking Plan f. Preliminary
Details 3. Landscape Architecture a. Hardscape Plan b. Finish Grading Plan c. Planting Plan d. Parking Plan e. Preliminary Details -4-
4. Structural a. Foundation and Framing Plans b. Column Schedule and Structural Sections c. Draft Details and Notes conforming to applicable codes d. Notes on provisions to meet special
requirements such as vibration and acoustic constraints e. Notes to indicate foundation and structural design complies with the requirements of soils analysis and applicable requirements
5. MechanicaIJPlumbing a. Plans showing double line layouts of major duct and piping systems on architectural plan backgrounds, with single line branch designations b. Plans showing
space assignment, sizes, etc., ofHVAC equipment and mechanical rooms d. Riser diagrams showing plumbing, HVAC and special process piping distribution systems e. Sections through critical
areas showing coordination of architectural, structural, mechanical, electrical, and piping elements f. Preliminary Details and Notes on provisions to meet special requirements, such
as vibration and acoustic constraints g. Fire Sprinkler system will be design/build. Performance specification will be provided. 6. ElectricallTelecommunications/Security a. Plans showing
space assignment, sizes, etc., of fixed electrical and teleco=unications/data rooms and equipment, and computer mainframe rooms b. Power Plans, teleco=unication plans and data/computer
plans showing c. Location of main runs and branch circuits, switches and electrical/data outlets d. Riser diagrams showing arrangements of feeds, subfeeders, buss ducts, load centers
and branch circuit panels e. Lighting calculations and fixture layout 7. Signage a. IdentifY locations for all wayfmding and code required signs b. Confirm hierarchy of exterior and
interior signage c. Develop alternative concepts for principal exterior and interior sign types; investigate typeface, graphic layouts, materials colors and finishes -5-
B. Specifications: Consultant shall provide technical specifications that provide a description of building systems. C. Meetings: Consultant shall prepare for and attend the following
meetings in Los Gatos: 1. Staff 4 2. Library Subcommittee I 3. Library Staff 5 4. Public Presentations 2 (PC, TC) Additional meetings, if required, will be considered Additional Services.
D. Statement of Probable Construction Cost: The Consultant shall provide a revised Estimate of Probable Construction Cost, to demonstrate the design is within the approved design budget
shown in Exhibit D. The Estimate of Probable Construction Cost shall include an appropriate design contingency and anticipated escalation costs through the mid point of construction
based on the anticipated schedule for construction shown in Exhibit E. Should the estimate of Probable Construction Costs submitted by Consultant exceed the design budget, Consultant
shall at the same time submit, without additional cost to the Town, reasonable alternative approaches tQ, the design and construction of th,-: Project that will reduce the construction
costs to be equal or less than tbe Construction Budget. E. Building Program Verification: Verify the compliance of the design development documents with the building program including
area tabulations. F. Utility Company Design CoordinatiOll: Consnltant shall contact and coordinate with utility companies and show work required to the interface point with the work
by utility companies. Provide pial"':, sections and elevations to clearly detail the work required by the contractor at the interface point and to clearly distinguish the Contractor
work from the utility company-provided work. F. Add Alternates: Consultant shall update the list ofpossible add alternatives developed during Schematic Design and review the list with
the Town. G. Town Comments: The Consultant shall review and provide a written response to all comments generated by the Town or other Town consultants, which are generated from the review
of the deliverables provided by the Consultant. -6-
H. Deliverables: Consultant shall provide three (3) sets ofthe Design Development Documents, the statement ofprobable construction cost, the building program, and a report providing
the Consultant's recommendations at the end of the phase. I. LEED Certification Consultant shall update the LEED checklist prepared during the Schematic Design phase to conform with
the current state of the design and project budget, with the goal of achieving LEED Silver certification, or higher. Consultant shall be responsible to manage the on-line certification
process with the USGBC. J. Town Direction: Consultant shall not proceed with the Construction Document Phase utitil receiving written direction from the Town. III. CONSTRUCTION DOCUMENTS
PHASE A. Construction Documents: Based on the approved Design Development Documents, Town's comments and changes in the Project requested by Town, the Consultant shall prepare for approval
by Town, Construction Documents consisting of Drawings and Specifications setting forth in detail detail the requirements for the construction of the Project. The Consultant shall prepare
Construction Drawings and Specifications (Division I through Division 16) sufficient for the construction ofthe project. B. Meetings: Consultant shall prepare for and attend the following
meetings in Los Gatos: 1. Staff 4 2. Library Subcommittee 0 3. Library Staff 4 4. Public Presentations 1 (TC) Additional meetings, if required, will be considered Additional Services.
C. Statement of Probable Construction Cost. Provide a Revised Statements ofProbable Construction Cost when the Construction Documents at fifty (50%) percent and at ninety (90%) complete.
Consultant shall meet with the Town as necessary to reconcile any cost differences between the project budget and the statement ofprobable construction cost. Based on the final review
comments by the Town and its other consultants, the Consultant shall provide a Final Statement of Probable construction cost prior to the start of the Bidding Phase. -7-
D. Town Constructability Review: When the Construction Documents are complete, the Town shall have the option to engage a third party to perform a constructability review and provide
their comments to the Town for the Consultant's review. The third party review shall be completed within 14 calendar days and would include a written report to the Town. The Consultant
shall meet with the Town and the third party to review the comments and the Consultant shall provide a response prior to the start ofthe Bidding Phase to all comments indicating what
action, if any, was taken by the Consultant. Any review by the Town or a third partY does not relieve the Consultant of its design responsibility and the design is and remains the sole
responsibility of the Consultant. E. Add Alternates: Consultant shall update the list ofpossible add alternatives reviewed during the Design Development phase and review the list with
the Town. F. Front End Documents: Consultant shall review and provide comments regarding the Town's front ene! documents (Division 0) including, but are not necessarily limited to: Invitation
to Bid, Instructions to Bidders, Proposal Format, Contract Agreement, General Conditions, and Construction Administration Procedures. Consultant i:; responsible to incorporate the Town's
front end documents with the Consultant's Project Manual that includes the Contract Specifications (Division I through Division 16) as palt of the Bid Set. G. Town Comments: The Consultant
shall review and provide a written response to all comments generated by thc Town or other Town consultants, which are generated from the, review of the deliverables provided by the
Consultant. H. Town Plan Check and Permitting: Consultant shall make all submittal requirements to obtain permits for the Project to the Town of Los Gatos Community Development Department.
The Consultant shall meet with the Building Official as required to review and discuss plan review comments from the Building Official. The Consultant shall make any and all revisions
to to the plans and provide all submittals to the Town as required by the Town ofLos Gatos Building Official in order for the Town to issue required building permits. -8-
I. Deliverables: Consultant shall provide four (4) sets of the Construction Documents and a statement ofprobable construction cost at fifty (50%) complete, and six (6) sets of the Construction
Documents at ninety five (95%) completion of the Construction Documents for review and Building Department Plan Check. Following Building Department Back Check, Consultant shall provide
four (4) sets of the Bid Set of the Construction Documents. to the Town and an additional set to an outside printing agency for distribution by the Town as needed for Permitting. J.
LEED Certification Consultant shall update the LEED checklist prepared during the Design Development Phase to conform with the current state of the design and project budget, with the
goal of achieving LEED Silver certification, or higher. Consultant shall be responsible to manage the on-line certification process with theUSGBC. K. Design Bnild Portions ofthe Work
The following portions of the Work will be described as design build, or deferred approval elements, of the design: 1. Fire Sprink1ers 2. Storefront/Curtain Wall systems 3. Structural
Calculations for Book Shelving 4. Metal stud wall framing. 5. Prefabricated trusses L. Town Direction: Consultant shall not proceed with the Bidding Phase until it receives written direction
from the Town. IV. INTERIOR DESIGN SERVICES A. Scope Of Basic Interior Design Services: The Interior Design Scope for the new Library shall include Interior Design Services as defined
below for all interior areas. Service shall consist of furniture programming and furnishings layout, selection and specifications of new furniture, fixtures and equipment and selection
of interior colors and materials. Services shall also include design ofbuilt-in furniture such as lobby reception desks, selection and pattern determination and assistance with the layout
of electricalldataltelecomm outlet locations as they refer to movable furniture, computers, printers, audiovisual equipment, etc. The implementation of these Services will not necessarily
occur on a parallel schedule with the architectural and engineering services, but will be scheduled as appropriate to the nature of the work. -9-
B. Meetings: The Consultant shall plan, coordinate and schedule all meetings with the Town, as deemed necessary to efficiently complete this phase of the design in a timely manner. The
location of all meetings with the Town shall be in Los Gatos, unless decided otherwise by mutual agreement. I. Schematic Design 2 2. Design Development 2 3. Construction Documents 2
4. Bidding 2 In addition to the meetings described above, the Consultant shall attend project team meetings, Town council meetings, and other co=unity meetings as appropriate. Additional
meetings, if required, will be considered Additional Services. Co Interior Schematic Design: Consultant shall incorporate information gathered in the programming phase and revise furniture
layout accordingly. Consultant shall meet with the Town to review final furniture layouts and obtain final Town approvals. Consultant shall meet with the Town to understand Town purchasing
requirements, furniture standards or any contract with furniture suppliers that may exist. exist. Consultaut shall update the itemized furniture budget. Consultant shall develop a conceptual
design approach to colors, materials, fabrics and new furniture and millwoI1c items. Consultant shall prepare and present to the Town the conceptual design approach. D. Interiors Design
Development: Consultant shall refine and develop all design items and fmal the selection of colors, materials, fabrics and furniture. Consultant shall refine, develop and detail any
custom millwork and update the interiors' budget and schedule. Consultant shall prepare presentation boards showing tInal furniture and fabric selections/designs for Town's written approval
and informal presentation if needed. E. Interior Documentation: Consultant shall prepare the following deliverables: plans of standard furniture items and office systems furniture, working
drawings and specifications for any other special millwork items, written technical specifications for standard furniture items and office system furniture, duplicate record binders
of fabrics, furniture cuts and finishes. The furniture selected by this contract is for furniture only and does not include procurement of computers, copiers or other technology equipment.
Nor do the services include the selection of incidental items such as trash cans, pencil sharpeners, etc. The professional services for the office furniture include assistance with the
selection ofa furniture manufacture's system, finishes, electrical needs and space plan. They do not include a parts and pieces order -10-
which will be provided by the vendor, as is standard in the industry. F. Furniture Bidding: Consultant shall assist the Town in the procurement of furniture by assisting them in purchasing
directly from vendors with pre negotiated government contracts without competitive bidding, or assisting them to competitively bid specific furniture pieces from multiple vendors who
will be competing for the lowest vendor mark-up and installation costs. Consultant shall also assist the Town by providing list of reco=ended furniture vendors with address and telephone
numbers. Consultant shall attend and participate in all pre-bid meetings with vendors and bidders and shall review and analyze bids and make reco=endations. During the bidding period
Consultant shall answer furniture bidders' questions. H. Interior Contract AdministrationlInstallation: Consultant shall provide the following services: review delivery/installation
schedules, answer bidders' and dealers' questions, review bidders' submittals and evaluate substitutions, prepare scope for change orders to be issued by the Town, prepare final punch
list on furniture items. Consultant shall also be available to solve problems that might arise during the installation period and assist the Town with close out of all vendors and work
performed by contractors. v. BIDDING PHASE A. Assistance with Bidding: Consultant shall assist Town in identifying and evaluating potential bidders, including rendering interpretations
and clarifications of the Drawings and Specifications in appropriate written form. B. Addenda: Prepare any required Addenda to the Bid Package. C. Pre-Bid Conference: The Consultant
and its key subconsultants (i.e., at least mechanical, plumbing, electrical, structural, landscape, and civil) shall attend the Pre-bid Conference and provide a technical overview of
the design intent and answer questions from prospective bidders. The Pre-bid Conference will be held at the project site. Consultant shall attend up to two (2) additional meetings as
necessary during this phase. D. Respond to Bidder Questions: Prepare written answers to questions, addenda, interpretations and clarifications in a timely manner; and obtain Town's written
approval thereof. -11-
E. Deliverables: Consultant shall provide four (4) sets of Confonned Construction Documents containing any and all changes issued by addenda during the bidding period. These documents
shall be prepared and delivered two weeks after the bid date. VI. CONSTRUCTION ADMINISTRATION PHASE A. Observation: Consultant shall visit the site at intervals appropriate to the stage
of construction to become generally familiar with the progress and quality of the Work and to detennine and to advise Town in general if the Work is proceeding in accordance with the
Contract Documents. This includes special site visits by Consultant on a timely basis appropriate for approvals required of Consultant as specified in the Construction Documents. However,
Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of thc work. B. Other Meetings: The Consultant shall attend bi-weekly
job construction progress meetings during the course of construction, and shall prepare the Project Meeting notes from these meetings. The Consultant's structural, mechanical and electrical
subconsultants shall visit the site as appropriate when work related to their engineering discipline is III progress. Co Construction Responsibility: Consultant shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Projcct, and shall not be responsible for the Contractor's
failure to carry out work in accordance with the Contract Documents. Consultant shall be available on site to the Contractor as reasonably required to provide timely interpretations
of the Drawings and Specifications to avoid critical project delay. D. Requests for Information: The Consultant shall be required to respond to Contractor generated RFI's in a timely
manner to avoid critical project delay. E. Access: Consultant shall at all times have access to the work wherever it is in preparation or progress. F. Extent of Assistance by Consultant:
Consultant shall assist Town in ascertaining that, to the best ofTown's -12-
knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation ofthe work) for conformance with the Contract Documents
upon substantial completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable
prior to completion; and that the Contractor is entitled to payment in the amount certified upon delivery of the appropriate lien waivers. G. Rejection of Work: Consultant may recommend
that Town reject work of the Contractor, which does not conform to the Contract Documents. Whenever, in Consultant's reasonable opinion, it is necessary or advisable for the implementation
of the intent of the Contract Documents, Consultant may recommend special inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not
such work is then fabricated, installed or completed. H. Inspection and Tests: The Consultant shall review special inspection and test reports and make written recommendations to the
Town. I. Shop Drawings. Consnltant shall receive submittals, including shop drawings, product data and samples from the Contractor and shall review and a take appropriate action, bnt
only for conformance with the design concept of the Project and with the provisions and intent of the Contract Documents. Consultant's review and approval shall not relieve the Contractor
of its obligation to comply with the Contract Documents. J. Snbstitntions: The Consultant shall be required to review substitution requests within 30 days after the Notice to Proceed
to the Contractor. After this point in time, any review wonld be an extra service and the Contractor shall be required to reimburse the Town for said extra service. K. Change Order Entitlement
and Cost Estimate Review: The Consultant shall review entitlement and the scope of work included in Contractor-generated Request for Changes and provide written recommendations to the
Town. The Town shall be responsible for preparing the cost estimate and negotiating the change with the Contractor. L. Certificates of Paymeut The Consultant shall review and approve
Certificates of Payment submitted by the Contractor for payment by the Town. -13-
M. Project Close-Ont When the Contractor indicates in writing that work or a portion thereof, has reached Substantial Completion, the Consultant shall visit the site and review and edit
the punch list prepared by the Contractor. Once the Contractor indicates all items on the punch list have been completed, the Architect shall return to the site as needed to review and
confirm the work has been completed to the Consultant's satisfaction. Additional site visits to review incomplete work shall be an extra service and the Contractor shall be required
to reimburse the Town for said extra service. M. Final Completion: After instruction from Town, Consultant shall visit the Site to determine the Dates of Substantial Completion and Final
Completion and shall issue appropriate certificates as set forth in the General Conditions. N. Warranties and Manuals: Consultant shall review the operation and maintenance manual on
all systems to be provided by the Contractor tor completeness. O. Record Drawings: The Contractor shall maintain an up-to-date set of drawings retlecting construction conditions of the
work by the Contractor and the subcontractors, including all changes to the documents. Consultant shall review at least monthly for accuracy and completeness the as-built drawings and
annotated specifications prepared by the Contractor showing the field changes to the drawings and appropriate specifications. Consultant's review ofthe as-built drawings and annotated
specifications shall be based upon Consultant's observations at the site and its knowledge of the contract documents. Upon completion ofthe work, the Contractor shall forward the as-built
drawings and annotated specifications to Consultant with its certificate as to their accuracy. Consultant shall receive and review for accuracy and completeness the Contractor's submission
of as-built drawings, and annotated specifications and operation and maintenance manuals. Consultant shall deliver to Town two (2) copies of the specifications based upon information
supplied by the Contractor annotated to show clearly all changes, revisions and substitutions that have been approved by Town during construction to the work. From the as-built drawings,
Consultant will provide Town with one (1) set of reproducible "record drawings". Consultant shall also provide an electronic file of the plans and an electronic file in Microsoft Word
of the specifications. If the Town desires a full electronic copy of the record documents, Consultant shall prepare an additional services fee proposal for the Work. -14-
P. Commissioning: Consultant shall provide the following basic commissioning for the HVAC, Security and Audio Visual/Paging systems. 1. HVAC Controls: a. Review HVAC control
system programming prior to installation and assist control subcontractor in control system debugging. b. Review HVAC functional test forms prepared by the control system contractor,
as required by our control system specification. c. Review HVAC functional test forms once they are completed by the controls contractor. Witnessing of all functional testing is not
required. d. Select a subset ofHVAC functional tests and observe a system response and operation on-site, including up to 2 days of on-site attendance. The subset will include control
sequencing deemed to be complex to ensure they function properly, and those control sequences that cannot be expected to occur during normal operation, such as fault testing and alarms.
HVAC trend reviews are expected to identify the proper operation of normal control sequences. 2.HVAC: a. Prepare forms for pre-functional testing. b. Review test forms after completion
by HVAC contractor and signed-offby General Contractor's MP coordinator. 3. HVAC Trend Reviews: a. Review up to three weeks ofHVAC trend data immediately after functional testing to
ensure control sequences are implemented and operating properly. b. Provide one formal punchlist to the controls contractor including final signoff. 4. Secnrity and Audio Visual/Paging:
a. Review contractor prepared technology system testing forms. b. Conduct technology system acceptance testing for Security and Audio Visual/Paging, to confirm devices operate and respond
properly and to verify correct programming ofthe system. Document items needing correction. c. Conduct one punchwalk per system (Security and Audio Visual/Paging) with contractor and
prepare a summary of items needing correction to help catch and deficiencies prior to the completion of construction. d. Review one time per system the record drawings and O&M manuals.
Q. Enhauced Commissioning: Consultant shall provide enhanced commissioning services per the requirements of the LEED certification process. R. LEED Certification Consultant shall provide
necessary documentation and services to submit the project to the USGBC with the intent to achieve LEED Silver certification. -15-
VIII.POSTCONSTRUCTION PHASE AND CORRECTION OF DEFECTS. A. Eleven-Month Inspection: Between ten (l0) and eleven (11) months following the issuance of a Certificate of Occupancy and prior
to the expiration of any guarantees, Town and its consultants shall visit the Project with Contractor and: 1. Review the work and identifY observable defects and deficiencies; 2. Evaluate
the performance, durability and appearance of installed products, materials and systems as they relate to suitability for the use intended and to Town's construction budget; 3. Evaluate
the Project's function and Town's use of the Project as reflections of the original program intent; and 4. Submit, no later than 335 days after issuance of certificate of occupancy,
a written report to Town concerning the foregoing. -16-
EXHIBITB PROFESSIONAL FEES DRAFT 15 January, 2009 A. Basic_Services: TOWN shall pay CONSULTANT for all services under this Agreement a maximum compensation not to exceed $1,766,735,
as described below: CONTRACT PAYMENT ITEM Schematic Design Phase Design Development Phase Construction Documents Phase Interior Design Phase Bidding Phase Construction Administration
Phase Post-Construction Phase Reimbursable Expenses TOTAL FEE TOTAL FEE PER PHASE $226,426 $418,016 $609,607 $60,961 $34,835 $383,182 $8,709 $25,000 $1,766,735 B. Errors and Omissions:
CONSULTANT shall not be entitled to compensation for correction of errors and omissions in the Construction Documents. C. Reimbursable Expenses: Reimbursable Expenses are in addition
to the compensation for Basic Services and shall be actual expenditures made by Consultant and Consultant's employees and Sub-consultants in the interest of the Project for the expenses
listed in the following subparagraphs. The Town shall reimburse the Consultant and its employees and Sub-Consultants for the followings expenses: I. Overnight delivery services, postage,
and messenger services 2. Plotting and reproduction of all milestone printings 3. Mileage, meals, and incidental expenses in connection with meetings at project site Town shall reimburse
Consultant for actual out-of-pocket costs plus 10%. -17-
EXHIBITC BILLING RATES DRAFT 15 January, 2009 The following billing rates shall be used for additional services, and are subject to annual adjustment. The following rates are applicable
through December 31, 2009. Noll & Tam Architects Principal Senior PM/Project Architect Project Manager Project Designer/Project Captain Professional Staff Drafter Project Assistant Ingraham
DeJesse, Structural Principals Associates Structural Engineers Civil Engineers Structural Designers CAD Operator Junior CAD Operator Clerical Sandis, Civil Principal Associate Principal/Senior
Project Manager Project Manager Project Engineer Design Engineer Computer/Engineer Technician Clerical Joni Janecki &Assoc., Landscape Principal Landscape Architect/Senior Designer Project
Manager/Designer Draftsperson -18-Hourly Rate $155-$175/hour $140/hour $120-$125/hour $115/hour $100/hour $80/hour $65/hour Hourly Rate $200/hour $120-150/hour $120-140/hour $90-120/hour
$75-100/hour $70-90/hour $40-60/hour $40/hour Hourly Rate $180/hour $150/hour hour $135/hour $85-110/hour $65-85/hour $55-85/hour $50/hour Hourly Rate $150/hour $llO/hour $95/hour $85/hour
Clerical Glumac Engiueers, M, E, P, FP, Telecom Administrative Associate Principal CAD Designer CAD Technician CFD Modeling Analyst CFD Modeling Technician Commissioning Agent Commissioning
Authority Commissioning Technician Design Engineer Designer Energy Analyst Lighting Designer Principal Project Engineer Project Manager Sr. Design Engineer Sr. Designer Sr. Energy Analyst
Sr. Lighting Designer Sr. Lighting Designer LC Sr. Project Engineer Sr. Project Manager Sr. Project Manager Technology Designer Technology Designer RCDD Word Processor Pacific Geotechnical
Principal Geologist, Engineer Project Manager II Project Manager I Senior Geologist and Engineer Project Geologist and Engineer II Project Geologist and Engineer I Staff Geologist and
Engineer Assistant Geologist and Engineer Supervising Technician Senior Technician StaffTechnician Administrative Support -19-$55/hour Hourly Rate $75/hour $205/hour $IOO/hour $80/hour
$200/hour $150/hour $150/hour $180/hour $125/hour $125/hour $105/hour $I25/hour $I05/hour $225/hour $150/hour $185/hour $135/hour $1l5/hour $150/hour $120/hour $135/hour $170/hour $195/hour
$195/hour $140/hour $170/hour $65/hour Hourly Rate $I95/hour $175/hour $I 65/hour $155/hour $140/hour $130/hour $120/hour $llO/hour $llO/hour $IOO/hour $90/hour $75/hour
Administrative Support Davis Langdon, Cost Est. Principals Associate Principals Associates/Senior Associates Estimators Clerical Alice Prussin, Lighting Design Principal Project Manager
Desigoer Matthew Williams Design, Signage Design Production Project Management Simon and Associates, LEED President Senior Consultant Consultant Administration Walsh Norris, Acoustics
Principal Consultant Technical Support -20-$65lhour Hourly Rate $255-305/hour $205-230Ihour $180-185Ihour $155-165Ihour $80-150Ihour Hourly Rate $150lhour $95/hour $80/hour Hourly Rate
$90/hour $70/hour $60/hour Hourly Rate $225/hour $195/hour $150/hour $85/hour Hourly Rate $120-$200/hour $85-100/hour $45-80/hour
EXIllBITD PROJECT BUDGETS DRAFT 15 January, 2009 I. PROJECT BUDGETS The Project includes the budgets as described below: A. Total Project Bndget: $18,383,086 The Total Project Budget
represents the total funds available to the Town of Los gatos for this project, and includes all work including building and site improvements, contingencies, escalation, FF&E, and soft
costs. No increase in this budget will be allowed without express authorization by the Town. B.Construction Budget: approximately $14.4 million The construction budget includes all work
including building improvements, site improvements, library shelving, signage, design contingency, and construction escalation, based on the contract schedule in Exhibit E. C. Fixtnres,
Furnishings & Equipment Budget: approximately $2.1 million The FF&E budget includes library shelving, fixed and movable furnishings, signage, computers, telecom and AV equipment, security
systems, FF&E design fees, public art, and other items. D. Friends of the Library Fundraising Fundraising Goal: $2.1 million To be utilized for FF&E and other project costs as outlined
above. Any significant variation from these budgetary figures may be considered a change of scope for the Consultant, and subject to Additional Services. -21-
EXHIBITE CONTRACT SCHEDULE DRAFT 15 January, 2009 I. General Attached is the Contract Schedule that shows the overall project schedule including activities for design, and construction
activities. Any significant variation from this schedule may be considered a change of scope for the Consultant, and subject to Additional Services. Library OfLos Gatos 15'",",,,, 20(\9
Proposed ProJect Schedule --, Dooi(jn 10 "'V'; I(21),>:):) >----1 iSD R"viflwand Approval 2\\)(5 Tue3.01!tl) 1Oemg" OfIv..lopllWm
toe 4;14(b') r--:;;-'-;DO l<eviQWlIOO Appro''''1 tue' 7r;ifPj '"6 'Construction Documenl'J 24\,<>:" llle7121iG9 Mon 7 i8ulldlnq Uel'arlmenl HBView and 8ackchc' 6"-1<,, rUG lfe/H) ---s-iSlddirHJ
and ConlIaet Av.",'1 3wi(s Tue211f!18 "if ····'Coiu'1ructkln 60\,,,,, fu,;,a'l;::ii(( Commissioning and O!lcup.1nq .: wk'; TlIiJEiifi I :OIIlfl(JOPllnir(l {H,1'". MOIl7!anl bl ------------::::-:-:-::
-::=-::=,------------lGSo:J:ItOlUI'..SIH:.\.IUlW9""j>jo -22-