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02 Staff Report - Conceptual Design for New LibraryoWN of MEETING DATE: 12-08-08 - ITEM NO: °s'caS~g COUNCIL/AGENCY AGENDA REPORT DATE: DECEMBER 4, 2008 TO: MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: GREG LARSON, TOWN MANAGER/EXECUTIVE DIRECTOR, SUBJECT: CONCEPTUAL DESIGN FOR NEW LIBRARY A. DISCUSS AND PROVIDE INPUT ON DRAFT CONCEPTUAL DESIGN FOR NEW LIBRARY B. AUTHORIZE TOWN MANAGER TO EXECUTE FIRST AMENDMENT TO AGREEMENT WITH NOLL & TAM ARCHITECTS TO EXTEND THE TERM OF THE AGREEMENT TO JUNE 30, 2009 RECOMMENDATION: 1. Discuss and provide input on draft conceptual design for new library 2. Authorize Town Manager to execute first amendment to agreement with Noll & Tam Architects to extend the term of the agreement to June 3 0, 2009 BACKGROUND:. On October 1, 2007, the Town Council directed staff to proceed with specific planning 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. On November 3, 2008, the Town Council gave direction to proceed with planning for the new library adj acent to the hill on the southeast corner of the Civic Center site. A community meeting, held on November 13, 2008, provided an opportunity for the public to give input on features they desire in the new library. The architects also conducted a design charette to discuss sustainability priorities to achieve the Town's goal of building a new library that can be certified as at least Leadership in Energy and Enviromnental Design (LEED) Silver. In addition to the architects and their sub-consultants, the Library Ad Hoc Council Committee, two members of the Planning Commission, and Town staff participated. PREPARED BY: PAMELA JACOBS ASSISTANT TOWN MANAGER NAMGRUacobslLibrary ProjectlI2-08-08 Staff Report.doc Reviewed by: Assistant Town Manager/Deputy Director Town Attorney/General Counsel Clerk Administrator/Secretary Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: CONCEPTUAL DESIGN FOR NEW LIBRARY DECEMBER 4, 2008 The purpose of the agenda item on December 8'E' is to obtain Council input on a more detailed site plan and on design principles and materials for the exterior and interior of the building. In addition, staff is requesting authorization to enter into a first amendment to the agreement with Noll & Tam to extend the term to June 3 0, 2009. DISCUSSION: At the December 8"' meeting, the architects will discuss several elements of the draft conceptual design using a PowerPoint presentation (Attachment 1). These elements include the site plan and design concepts for the exterior and interior of the building. While specific decisions are not necessary at this time, staff and the architects are seeking Council feedback on the site plan and design concepts to be used in shaping the final conceptual design that will be brought to Council in early 2009. Site Plan The site plan to be presented on December 8t" includes greater detail than the plans discussed at the November 3rd Council meeting and the November 13th community meeting. Key features of the site plan include: Site features: • Strong pedestrian and visual connections between Civic Center, Library and Pageant Park • Preservation of mature trees throughout the site ■ Integration of existing roadway and parking system to minimize construction costs • Clear circulation and arrival patterns for vehicles, bicycles and pedestrians ■ Traffic calming methods integrated in vehicular circulation and parking layout ■ Additional parking provided, meeting the target identified for the new library ■ Integration of biological swales to manage stormwater run-off • Provision of sunny protected outdoor gathering areas = Visual accent of connection from Los Gatos Blvd. to the Civic Center, Library and Pageant Park by means of a colorful alley of trees, decorative paving treatment of pedestrian promenade, specialty lighting, seating and gathering spaces along promenade Library features: ■ Front entry to Library framed by mature trees and entry court(s) ■ Bicycle parking located adjacent to Library entrance ■ Service and delivery access located east of main entry with direct vehicular access = Secure outdoor group area and garden for children's use • Preservation of existing winery stone retaining wall as historic feature ■ Emphasis on Library entry and drop off with specialty paving and accent plantings PAGE 3 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: CONCEPTUAL DESIGN FOR NEW LIBRARY DECEMBER 4, 2008 Staff and the architects are seeking Council feedback on the general features of the conceptual site plan to inform the development of the Final Conceptual Design. It is important to note that, at this point in time, the site plan is conceptual in nature. As the design evolves, additional detail will be provided. Technical analyses of fire safety requirements, tree conditions, topographical constraints, and other considerations may require modifications to the site plan, although major modifications are not expected. Particular attention will be given to access to and from the site for the public and for emergency vehicles and to the parking supply for visitors and staff. Regarding access, the construction of the new library will change the status of Fiesta Way from a through-street to a Civic Center entrance. While vehicles may still travel between Villa and Fiesta using the parking lots, it will be less convenient to do so. This will particularly affect the residents in the adjacent neighborhoods. Staff will hold a neighborhood meeting to discuss the impacts and any potential mitigating actions. With regard to parking, specific information about the current and projected parking counts will be provided at the December 8th Council meeting. Current calculations indicate that the targeted number of additional parking spaces needed for the new library will be provided owing to the inclusion of new lots and the relocation of police personnel to the new facility on Los Gatos Blvd. As the site plan for the library progresses, efforts will be taken to identify a parking plan that optimizes parking for visitors. Design Concepts At this stage in the conceptual design process, the architects are seeking Council input on the design concepts and guiding principles that will influence the new library's character, functionality, and materials. Following are the key concepts and principles on which the architects will seek feedback from the Council: Key Concept: The building concept is based on the "lantern," which in architectural terms suggests "an open structure of light material." ■ Daytime illumination will optimize the use natural daylight, with glazing on the north wall, skylights at the stairway well, veiled glazing on the south wall, and use of louvers to bounce light into the library. ■ Nighttime illumination will use artificial light to allow visibility from the street and views into the library, using both white and colored lighting. Guiding Principles: The New Los Gatos Library: ■ Is Warm and Inviting Works with the existing Civic Center but does not mimic it. PAGE 4 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT. CONCEPTUAL DESIGN FOR NEW LIBRARY DECEMBER 4, 2008 Responds to nature and incorporates natural materials Celebrates comfortable areas within grand spaces. Looks outward and allows views inward. Displays sustainable features to educate Design Principles: ■ Open floor plans celebrate large spaces with comfortable spaces within Double height stair spaces allow views through library ■ Sustainable systems are visible "Expressed structure" concept mean visible columns that can mimic natural elements Natural materials such as wood, stone, terracotta, and brick provide texture ■ Warm materials are placed near entry and where people can touch and see them Progress on Library Cost Estimates 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 plus the potential excess funds generated from financing interest and reserves for debt service. The furniture, fixtures and equipment (FF&E) costs have not been included in the budget estimate as it has always been expected that the community would raise funds to cover these costs. Accordingly, the Friends of the Library group have hired Nctzel Associates to assist with a campaign to raise these hinds. Amendment to Agreement Staff is recommending Council authorization to execute a first amendment (Attachment 2) with Noll & Tam Architects to extend the term of the agreement to June 30, 2009. The current agreement will expire December 30, 2008. Due primarily to the Town's scheduling conflicts during the current term of the agreement, the architects have not been able to complete the scope of work and an amendment is needed. CONCLUSION AND NEXT STEPS: Staff and the architects are seeking Council feedback on key features of the site plan, design concepts and guiding principles for the new library. Staff is also seeking authorization to execute a first amendment to the agreement with Noll & Tam. The feedback on the site plan and design concepts will be incorporated into a final concept design package which will include the site plan, library floor plan with conceptual layout of all library program elements, preliminary selection of building systems and engineering, building cross-sections, primary elevations, parking layout, a 3-dimensional perspective rendering, and a final concept design cost estimate. These documents will define the project for purposes of the environmental evaluation and land use approvals. PAGE 5 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: CONCEPTUAL DESIGN FOR NEW LIBRARY DECEMBER 4, 2008 ENVIRONMENTAL ASSESSMENT: This discussion and direction item is not a project defined under CEQA. However, further environmental and regulatory land use review will be required as the specific project plans are developed. FISCAL IMPACT: Sufficient funds are available for appropriation to 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 General $ 663,086 Available and designated for this use by Council Revenue Stabilization Reserve General 1,000,000 To be allocated from $4.8 million 7/01107 balance RDA Repayment of Police Building Loan General /RDA 2,720,o00 Available July 1, 2007 RDA Potential Future Financing RDA 14,`00 000 per financial advisor estimate updated 0 311 512 0 08 Total Project Funding Sources $ 18,383,086 All funds shown on the schedule above are in designated reserves and part of the invested Town Treasurer's balances. They are all available to be 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. 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. If RDA 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: 1. PowerPoint Presentation on Conceptual Design 2. Amendment to Agreement with Noll & Tam M 4 F c m J N O H Q t7 Z W ~ 0 2 J Q v H ~ a o w v v c Z o O ~ V F A M "---i w o c V r/ L LIL H 3 0 NI O J 3 LU z ~w W L E V ATTACHMENT 1 3 c rz 0 /~I N {{J}am-yl,, Y s C u F - z u - c c 4 a Z 1 M J M 1~~ Y O i 4 1 a¢ 4 ' l J l } .r e r LL LL. LT L~. _Z Q ~I E io z ct + ~ 4 y.r O e t t~D a r--i r Q L i Cld 4.-f 0 r Y V Q m D LU LU LLS J V Z O V V .2- Q L 3 a~ C0 U d v as 3 E° 5 ,or d s L m L a, o L o V - MENEM MENEM E car . ~ ■ - E ■ _ o M a CD z m IMMEME s ~ o 0 L E L N ~ 0 M m a z 3: L V) o U) ~ oc 4 S yr, 4 4 w 01 r: N 0 -EL H b w U) CO) 3 12 Cl) ct 4--) , a -Ina ' i lot R~ O ~ o N d v CL 0 L I} N 0 m L 3 r- -,I u U) M~g 0 0 J . L m 0 AW L m U) c O s y r-a N i ,Q y a 3 co 0 C3 Q) .E Q) i IP. li TIM 7-1 ;d X F. f .ter. 't~`'~ i I r L-4- A -f olp- rr•+ r f :i' i qq Nq"*~hbjs- it _ _ a 1040 W E, c Cl) W a J ,r J a 41 am Z o (M) ~ L O i Z ` 0 tram Q 3 C/) CO) W C) LLI o v cr)~ 0 J t 0 Q Q c Q LV v) w ~ 3 I I I ~ C.t ~c V l~~y 4 1 ` ~N 1 ~r L O O i fr- ~ 0 H~ L C C l ~ u r_. r' l 1 C 4 G 5 t co 0 Q 0 ~ - J1 f.". I ffJ~ C V J ~ I~t O O ~ ~ 1 - j.. L r __f . 1 . - _ I~ ~_i off ~ ~ ~ ~ j i ~ i ~ •a _ 1 -.-a ; ~ i' - i~ I ~ , , - ~ . r- _ ~ ~ y - _ _ _ s- 1 ~ ` _ y I 1n _ - ~ r • ~ ~ V ~ I ~9 Y o'i '1 f~ ~ - _ _ 1 J. T1 - { _ ~ r ~ E f f o ti~ _ ~ , - . Q 0 t ~ - v r C' s 4 ~ fl 02 a s Cr O W L w foTMI II rjo 4) 0 0 &IM .Q N w U) O V V 3 Nl REM Ala% Af 4h C C K T~~ Y O u N O V ~L ~L .Q CO) O U d .v C O CIO 1 Y _ T x Cu n 7 f Z 0 a~ W a CL 0 v v ~ 0 0 v Fm 00 0 0 W% i d E d V D t i-w 00 Cr 0 i .2- H a 3 coo 0 0 co _r~ b` AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT is entered into this day of 200_, by and between the Town of Los Gatos, State of California, herein called "Town," and Noll & Tam Architects, herein called "Consultant." RECITALS A. Town and Consultant entered into an agreement to provide conceptual design services for the new Los Gatos Library on April 21, 2008 ("Agreement"), a copy of which is attached hereto as Exhibit A and incorporated herein by reference. B. An amendment to the agreement extending the term of the agreement is necessary because the Consultant will not be able to complete the project by the specified date as provided for in the Agreement due to factors that were not entirely within their control. AMENDMENT 1. Paragraph 2 of the Agreement is hereby amended to provide that the completion of the Agreement will be by June 30, 2009. 2. All other terms and conditions of the Agreement dated April 21, 2008 remain in full force and effect. IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated above. Town of Los Gatos Consultant By: By: Greg Larson, Town Manager Signature Recommended by: Pamela Jacobs, Assistant Town Manager Approved as to Form: Print Name Title ATTEST: Town of Los Gatos, Los Gatos, California Orry P. Korb, Town Attorney NAMGRIAdminworkFiles12008 Council ReportMcll Tam Amendment.doc Jackie Rose, Clerk Administrator ATTACHMENT 2 CLERK DEPARTMENT AGREEMENT FOR CONSULTANT SERVICE ORD THIS AGREEMENT is entered into this .i day of I i IEC 200_and between the Town of Los Gatos, State of California, herein called the 'n" and Noll _ Architects, herein called the "Consultant," engaged in providing conceptual design services for the new Los Gatos library RECITALS A. The Town is considering undertaking activities to design and build a new library. B. The Town desires to engage a Consultant to provide conceptual design services, because of Consultant's experience and qualifications to perform the desired work. C. The 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: Scope of Services. The Consultant shall provide the services as described in Exhibit A. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement and issuance of a Town purchase order with completion by December 30, 2008. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. 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 the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Revised, 11/04/04 Page 1 of 6 NAIMPJACOBSUBRARY PROJECMOLLTAM AGREEMENT.DCC EXHIBIT A Consultant in connecti6ii4iii of-h& projects shi ll'be sol8ly``at'Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology ortechnique of Consultant which is and has been confirmed in writing by Consultant to b'e-4 a e secret-oi f Consu taint, 5: Ca 'i bnsatto_n 'Co''mp619' dfi6 fd on ulfant's'p ofessio i ° ° rvzces shaft be "listed in la /bit B. Payment shall be based upon Town'approval of each task. T Billing. Billing shall be accompanied by 'k-d . tailed fiplanation of the work performed by whom at what rate and on what elate. AW,plans, s~pecificatigns, documents or other pertinent materials shall be submitted foi TWfi heA'4, evert W16 yl. paMlb Graft fort ` Payment shall be net thirty (30) days. All invoices and stAfements to the Town shall reference the Towfi's fiur`cliase~ordei'nttmber"and be adi#res~s~d follak, ~4 Invoices: Statements: Tovl+ii- of Los Gatos T nWn-of Los Gatos' Attn: Accounts Payable Attn: Finance Departinent P.O. Box 655 P.O.. Box 655 Los Gatos, CA 95030 Los Gatos, CA 95030 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these redords available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town. 9. Project Mara' er. The Project Manager for the Consultant for the work under this Agreement shall be Christopher Noll, Principal, Noll & Tam. The Project Manager for the Town for the work under this-Agreement shall be Pamela Jacobs, Assistaii Torun Manager. 10. Assiamnability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town. 11. 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: PamelA Jacobs AssistdhVToWri Manager Town of L• os Gatos 110E MAin St:7 Los Gatos, CA'95030 Revised: 11104/04 Page 2 of 6 NWGRIPJACOBSILIBRARY PROJECTWOLLTAM AGREEMENT.DOC To Consultant: Christopher Noll Noll & Tam Architects 729 Heinz Ave. Berkeley, CA 94710 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 12. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 13. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship,-and shall, at the Town's sole discretion, sever any such employment relationship. 14. 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. Revised: 11104104 Page 3 of 6 NAMGMPJACOSSUBRARY PROJECTINOLLTAM AGREEMENT.aOC 15. Insurance. A. Minimum Scope of Insurance: i. Consultant agrees to have and maintain, for the duration .of the e-ontract;. General Liability insurance policies insuring him/her and his/her firm to an amount not less th n. , Qne::million dollars ($1900;.QQ0). combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant, agree s ta:.•have .and rnaintatxi°, for the duration of .?the contract, as Automobile: Liability;insuranee policy eur~ngtn/ller.'andfsier staff to an amount:not. lass tiara` 9ne xniilion dollars ($.I•,,Q00 QQ0).,conibined-single,~lin it per acciderit,for bo.;dily..;i?aJnry;.and:property,.damage i - Consultant Sh 1I {provide: _ o; the Tovtim all, certif dates of:-insuraned,: with- original endorsements effecting coverage. Consultant agrees that all certificates and endaraements are p, be received and_approved by tlie.Town before work commences. iv. . _C,onsultant 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: i. The Town, its officers,-officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed: by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any .failure. to comply with reporting provisions =of..the_ policies shall not: affect coverage. provided, to the Town, -its officers, officials,remployeesor volunteers iv. The Con;sultant!s insurance shall apply, separately to each insured against whom a claim is made or suit is: brought, except with tespect, 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 cancelled except after thirty (30) days' prior written noticVhas been given to the Town. Current certification of such insurance shall be kept on file at all times 0 Revised: 11/04104 Page 4 of B N:1MGRIPJACOBSUBRARY PROJECTWOLLTAM AGREEMENT.DOC during the term of this agreement with the Clerk Administrator. 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 the Town before beginning services under this Agreement. Further, Consultant shall require that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 16. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend the 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 beset up because of damages to property or personal injury received by reason of, or in the course of performing work to the extent caused by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. Consultant's obligation shall include the duty to defend as set forth in California Civil Code Section 2778. 17. 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. 18. 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. 19. Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement pursuant to paragraph 6 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. 20. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant. 21. 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. 22. Entire Agreement. This Agreement, including Exhibits A and B, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. Revised: 11/04104 Page 5 of 6 N:IMGMPJACOBSUBRARY PROJECTINOLLTAM AGREEMENT.000 iN WITNEss WHEREOF, the Town and CansultanthaVe executed this Agreement as of the date indicated on page one. y To 'of'Los Gafas: b;t: =r Coz~silt by - J V-"~ _ .r t ft r Greg Lars~ti, TtSwn 1Viana~er ` , ~ ` y St r - f ~ S F.cia f ¢i 3- , ! Fvr;=.1 i 31 :-J Redo trilaenrledy.` Patnel`Jacoiis Assistant Tovvfi Tvfa~ager~` Approve' as-to Form: OrryP-K6ib, Town Attorney G ATTEST: Town of Los Gatos, Los Gatos, California `-~aO4-e ose, Clerk Administrator Revised: 11104/04 Page 6 of 6 NNGRIPJACOBSUBRARY PROJECnNOLLTAM AGREEMENT.DOC NEW LOS GATOS LIBRARY Scope of Work 1. Review of Existing Documentation a. Site Analysis, Historical, and Cultural Information CONSULTANT will review the Civic Center Master Plan analysis of the Civic Center site to understand the historical, cultural and physical conditions that will help guide design decisions. CONSULTANT will create a thorough list of opportunities and constraints associated with the new library building. CONSULTANT will consider how the cultural history of Los Gatos influences design decisions. CONSULTANT will seek meaning to inspire an approach to siting of the building, choice of materials, and symbolic forms. CONSULTANT should take a wide view of what is "natural" to the site, leading to creative overlapping of nature, history, and built form. b. Site Information CONSULTANT will gather and review all relevant background and topographical information, maps, zoning, existing utilities and data for the building site. CONSULTANT will study the climate of the site, topography that influences site drainage, surrounding trees and buildings that affect solar exposure, and prevailing wind patterns. 2. Initial Scoping Meeting CONSULTANT will begin with an Initial Scoping Meeting, attended by key members of the design team and the Town's Project Team. At this meeting, CONSULTANT and the Project Team will clarify the project goals and vision, decision malting process, program requirements, scope of work, schedule, and project budget. CONSULTANT will identify major stakeholders and determine the Town Council and regulatory agency review processes. CONSULTANT will prepare a detailed agenda for the meeting and distribute meeting notes to all participants. EXHIBIT A 3. Program and Budget Reconciliation, CONSULTANT will lead a meeting with Library Director Peggy Conaway and staff to completely evaluate, adapt, and refine the library programming data created during the Civic Center Master Plan process. CONSULTANT'ahd-sub=bar su .Kathy Page, will work with the Library Director to revise the program to fit a smaller space. This may require re-thinking some of the service gals arid' finejtdhing' how to -acc* ii ipl sb spatial relationships with more efficient physical and operational layouts. CONSULTANT will try to leverage staff'fesnurces to-tlie extent possible, reduce fiked positions to`a`rniniinuml: create good sightlihes;.`prornate self-service, eliminate repetitive or duplicated services with automation and oxgaiiiiation; `aird allow Staff to o~tirnlze assistance to clients. if; - , The most critical part of this programming exercise will be `to fully divide the program areas into two levels, to match the proposed two-story canfiiguration of the' building. CONSULTANT has done this for other library facilities, most recently for a new library for the City of Manteca, and will bring their understanding of how to separate program areas and how to include multiple staff service points. CONSULTANT will create a Reconciliation Matrix as part of an Integrated Cost Management Plan, a living document in use throughout the process, which will be a cornerstone of the program-budget reconciliation effort. CONSULTANT will prepare a Final Library Building Program that reflects consensus on revisions to the program, including tabulations of assignable square footage of programmed spaces, collections, technology workstations, and readers' seats. CONSULTANT will hold a brainstorming session with our CONSULTANT's cost estimator to determine the major cost items; identify possible substitutions, deletions, or phased options; and discuss the potential -itiipacts on quality and performance, CONSULTANT Will mafidge the jredtictiot `process "fi r'ougfi the ui se of a detailed list of items that the team is considering, with a'fecord ofwhat-is selected, possible; or rejected, in order to document the decision-making process. 0 v 4. Concept Design Alternatives and Cost Models Design is a cyclical process of generating ideas, testing them, moving forward and backward, and circling back to re-think the basic concepts. Building upon the principles developed in the site investigation and library space programming and taking into consideration the history and architectural character of the Civic Center area CONSULTANT will generate conceptual ideas that are a statement of the vision and aspirations of the community of Los Gatos. CONSULTANT will begin the design process with three alternative design concepts. The initial concept design package will include: • Building location and general massing; • Major program elements in the building; • Parking layout and site plan; • Conceptual Cost Model with estimated construction cost. 5. Town Council Study Meeting CONSULTANT will facilitate a Town Council Study Session to present the three concepts in draft form, and solicit input to finalize them for the first community presentation. The Principal-in-charge, Chris Noll, will facilitate the Study Session. b. Community Meeting I CONSULTANT will facilitate a community meeting presenting the three concepts in final form and obtaining feedback. The Principal-in-charge, Chris Noll, will facilitate the community meeting. 7. Develop Preferred Alternative Following the public meetings, CONSULTANT will meet with the Project Team to select the preferred option to recommend to the Town Council. Using an interactive "design charrette" session, CONSULTANT will work with the Project Team to brainstorm several alternative library floor plans. In refining the preferred option into the Draft Concept Design, CONSULTANT will develop the massing, architectural character, scale, detailing, proportions, materials, and colors for the proposed building and prepare completed floor plans, CONSULTANT will work with the cost estimator to refine ;the } cost estimate. CONSULTANT will submit the Draft Concept Design to the Project Team, and meet to obtain. feedback. 8. Sustainability Charrette:r Concurrent with thee development of the.,preferred..alternative,• CONSULTANT will plan and facilitate an all-day collaborative meeting for.Town..staff and. selected stakeholde;rs.to- define the environmental goals for the library building and develop design strategies to achieve LEED: Silver certification, 9. Community Meeting #2 CONSULTANT will facilitate a community meeting presenting the Draft Concept Design and obtaining feedback. The Principal-in-charge, Chris Noll, will facilitate the community meeting. 10. Final Concept Design and Cost Estimate The Final Concept Design package will include a -site plan, with the building and all site development described; a library floor planwith conceptual layout of all library program elements, preliminary selection of building systems and engineering, building cross- sections, primary elevations, parking layout, landscape plan, outline specifications, and a 3-dimensional perspective rendering. Working with the cost estimator, Davis Langdon, CONSULTANT will develop a final concept design cost estimate. 11. Community Meeting #3 CONSULTANT will facilitate a community meeting presenting the Final Concept Design. The Principal-in-charge, Chris Noll, will facilitate the community meeting. With the-.concurrence of the Town's Project Manager, this community meeting. may be combined with the presentation of the Final Concept Design to the Town .Council:. ca 12. Prepare Final Report CONSULTANT will finalize and incorporate all of the illustrations and graphics into the Final Concept Design document and print the required number of copies for the Town Council. CONSULTANT will also make a PDF version of the document. 13. Town Council Presentation CONSULTANT will present the Final Concept Design to the Town Council for its review and endorsement. 14. Changes to Scope of Work CONSULTANT and TOWN may mutually agree to changes within the scope of work which are cost neutral. Deliverables 1. Updated Library Building Program Space Summary - including tabulations of assignable square footage of programmed spaces, collections, technology workstations, and readers' seats. 2. Initial Concept Design Package - including building location and general massing, major program elements in the building, parking layout and site plan, Conceptual Cost Model with estimated construction cost. 3. Presentation materials for Town Council Study Session and Community Meeting 41 4. Sustainability Design Charrette - design and facilitation of an all-day workshop for staff and selected stakeholders to develop design strategies to achieve LEED Silver certification. 5, Preferred Alternate Concept Design Package - including massing, architectural character, scale, detailing, proportions, materials and colors for the proposed building and include completed floor plans. 6. Presentation materials for Community Meeting 92 7. Final Concept Design Package - including a site plan with the building and all site development described, a library floor plan with conceptual layout of all library program elements, preliminary selection of building systems and engineering, building cross-sections, primary elevations, parking layout, outline specifications, and a 3-dimensional perspective rendering, and Final Concept Design Cost Estimate. Presentation materials for Community Meeting #3 (if needed),' Final Conceptual ; Design Report and Town Council Presentation. D c~ 0i O `Zs N i ~ 1 CJ 4T: C1 i (D i LIJ' r a r 31 ~ a oo imr ro 0 v N m O co OO co Oo O m Q m O DD D m O co D 00 O m O co P m O co _ p o 0.._ Q CO O m 00 t0 _ O O V N N N N N N fA 1= V in Ez (D r-- t~ W Or - O A d LL LL LL LL LL LL t I- L r F- 3 L ~ 7 F- D 7 3 r r d r o F- F-- a O Co 00 [7? O m O m O 00 DO O O O 6 O Co O co O co W O m O m O m O r m r- r 00 r co m LO L y O D C O C C 7 - O O r N CA r2 r2 F 3 F- C LL LL LL =3 LL _ _ LL t U- G C C I N .]C N Y ?r Y }j 7. ~ T to T IO N O m O O r r V + r 3 V r ~ p O M O E L J ~ !9 CSY G r G 3 41 o m a+ c LM cm R R r N Q p d d y c Cl M a za Q 'O w 47 = w as O w- , a a~ C a v a Gj a CD ° n m N L 'o a ~y Q g os c c O ' c a ~ m G 'v - 4] ! h ~ G = b s. 4 ' a w; y G LL Of G o N O w i c „ . a+ y7 an p d o CZ m ' E E C7 L co Z a s > E w m c ~ ~ c c !3 v~ c e 3 E m a w w E c FA E ca R ° d U c o m a` v v n v w N v a y to H o w ay r U CV C N7 rd vi Q LO (a o m m n r r r ' r 0 Q o C f U C CL ' O 0 'N C) i~ ILO :(D 1l- co p3 ;O ;tom r Er r• 'CO .r Ln ,Ln CO f~- !ti °r• 03 CD c- a a E m 0 m C @S 5 L U r C.9 J LOS GATOS LIBRARY CONCEPTUAL DESIGN FEE FOR SERVICES BASIC SERVICES of r ~1~11`& Tam t~rclute~ts, Pima°ACO~.ifects ,f rigrahan~ ~ J'esse~*S ruct ra n ine r te rffixnac, Me61iIE1e - t Engmorin , 0"t1t1i L Ja eki, Uhdseap rQ ecttlre~ 7 is Lsngdon, Co§t Est64jir4'; 'fttalnabi4fty Chat 6tte r y,~.. Total Pr6!00ional' Fees - Basic Services' b CONTINGENT ADDITIONAL SERVICES/FEES Reimbursable Expense,Allowance* Civil Engineering Allowance Geotechnical Investigation Traffic Engineering Total Contingent Services/Fees TOTAL FEES FOR SERVICES NOLL & TAM FEE BREAKDOWN $184,765 Task Fee Conceptual Design,& Sip Master Planning Collect & review site information $3,400 Program & budget reconciliation $5,480 Prepare updated building program $4,800 Prepare conceptual design alternatives (3) $21,880 Develop preferred alternative $20,480 Coordinate with cost estimator $1,235 Final Conceptual Design $5,580 Final Conceptual Design report $3,290 Project Management $4,480 Subtotal $72,625 Meetings Town Council Study Session $2,640 Community Meeting #1 $1,890 Community Meeting 42 $2,640 Community Meeting #3 (if needed) No additional cost Town Council presentation $2,640 Meetings with staff $10,560 Subtotal $20,370 Total $92,995 $92;995 $20 . Y f ,$29 ~ tub, $73" $15U60 $154,965 $10,400 $9,350 $4,950 $5,500 $29,800 0- EXHIBIT B shape inspired solutions hourly rates Noll & Tam Architects GIUMAC Effective January 1, 2008 Effective January 1, 2008 Principal $155 - $175/hour Principal Senior PM/Project Architect $140/hour Associate Principal Project Manager $120 - $125/hour Project Manager Project Des4gner/Project Captain . $115/houx Lighting Designer" Professional Staff $100/hour Project Engiineer . { Drafter $80/hour _ Design Engineer Project Assistant $65/hour De's giier I I I: V CAD Designer Reimbursable Expenses CAD Technician Reproduction telephone fax travel outside the Bay Area, Administrative renderings, computer models, physical models, postage, messengers, and other usual expenses will be billed at 1.15 times actual cost. :,$225/hour $205/hour $185495/hour $W0 ;135/hour 150-170/hour 125-135/hour .$..i05-11 5/hoar $100/hour $80/hour $65-75%hour Joni L.Janecki& Associates Effective January 1, 2008 Ingraham Dejesse Principal $ 30/hour Effective January 1, 2008 Landscape Architect $110/hour Designer/Project Manager $95/hour Principal $185/hour Draftsperson $85/h6ur Associate $120-150/hour Clerical $55/hour Structural Engineer $90.140/hour Civil Engineer $74120/hour Structural Designer $60400/hour Davis Langdon CAD Operator/Designer $80-90/hour Effective through 1213112008 Jr. CAD Operator $50.60/hour Administrative Assistant $50/hour Principals $250-300/hour Clerical Assistant $40/hour Associate Principals $200/hour Associates/Senior Associates $155-175/hour Estimators $85-145/hour Sandis Clerical $ 65/hour Effectiv'elanuary 1, 2008 Principal $180/hour Associate Principal /Sr. Proj. Mgr . $150/hour Project Manager $135/hour Project Engineer $85-110/hour Design Engineer $65-85/hour Computer/Engineer Technician $55.85/hour Clerical $50/hour d Surveying Services subject to a different rate schedule I noII --tarn Los Gatos Library Concept Design • Town of Los Gatos architects and planners 0 * Summary of Estimated Reimbursable Expenses (billed at 1.15 times cost) 1. Plotting and reproduction of progress drawings and specs for review. 2. Perspective renderings and physical models. 3. Overnight delivery/couriers 4. Mileage (@ $0.505 pei mile currently - rate shall adjust annually to conform to IRS guidelines), travel and lodging 5. Consultant expenses for above items.