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7b - Los Gatos Library Projecttow N of MEETING DATE: 03-15-10 _ ITEM NO: F c' ios ~GAjoS COUNCIL/AGENCY AGENDA REPORT DATE: MARCH 11, 2010 TO: MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: GREG CARSON, TOWN MANAGER/EXECUTIVEbIRECTOR ,/c~ SUBJECT: PPW JOB NO. 09-06-LOS GATOS LIBRARY PROJECT 411-821-2501 AUTHORIZE TOWN MANAGER TO NEGOTIATE AND EXECUTE FIRST AMENDMENT TO AN AGREEMENT WITH NOLL & TAM ARCHITECTS 1N AN AMOUNT NOT TO EXCEED $403,366 FOR CONSTRUCTION ADMINISTRATION SERVICES, DESIGN MODIFICATIONS AND ADDITIONS, AND INTEGRATED PUBLIC ART COORDINATION RECOMMENDATI Authorize Town Manager to negotiate and execute first amendment to an agreement with Noll & Tam Architects in an amount not to exceed $403,366 for construction administration services, design modifications and additions, and integrated public art coordination. BACKGROUND: On January 20, 2009, the Town Council authorized the Town Manager to enter into a contract with Noll & Tam Architects (N&T) for schematic design through construction administration for the new Los Gatos library. Subsequent to Council approval, staff negotiated an agreement with N&T that did not include contract administration services, reducing the amount in the agreement by approximately $385,000 less than the amount authorized by Council. Staff opted to wait to contract for construction administration services with N&T until it was determined how N&T's role would complement the role of a construction management firm. Now that the construction management firm, Swinerton, has been engaged and the Town is prepared to advertise for construction bids for the library project, the roles of the two firms have been delineated and staff is prepared to recommend a first amendment to the N&T agreement to provide construction administration services, as well as additional services that were authorized during the course of the design. PREPARED BY: PAMELA JACOBS ASSISTANT TOWN MANAGER Reviewed by: Counsel Assistant Town Manager/Deputy Director wn Attorney/General Clerk Administrator/Secretary Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY . SUBJECT:AUTHORIZE TOWN MANAGER TO NEGOTIATE AND EXECUTE FIRST AMENDMENT TO AN AGREEMENT WITH NOLL & TAM ARCHITECTS IN AN AMOUNT NOT TO EXCEED $403,366 FOR CONSTRUCTION ADMINISTRATION SERVICES, DESIGN MODIFICATIONS AND ADDITIONS, AND INTEGRATED PUBLIC ART COORIDNATION MARCH 11, 2010 DISCUSSION: The scope of work for the first amendment to the agreement with N&T includes the following services: ^ Construction administration assistance ($346,538) - Construction progress meetings - Response to Requests for Information - Shop drawing review - Substitution review - Change order review - Application for payment review - Punch list review - Project close-out - Post-construction evaluation ^ Design modification and additions ($45,513) - Visual simulation for EIR - Access to Pageant Park - East elevation modifications ^ Integrated Public Art coordination ($11,315) - Artist selection - Artwork installation coordination The proposed fees for these services are within the standard range of architect fees for a project of this scale and for the comprehensive services to be provided. The Town uses a standard contract developed by the American Institute of Architects (AIA) as the basis for the agreement with Noll & Tam, with modifications as negotiated by the Town Attorney. The amendment will be based on an AIA document, as well. An important term that continues to be part of the agreement addresses 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. PAGE 3 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT:AUTHORIZE TOWN MANAGER TO NEGOTIATE AND EXECUTE FIRST AMENDMENT TO AN AGREEMENT WITH NOLL & TAM ARCHITECTS IN AN AMOUNT NOT TO EXCEED $403,366 FOR CONSTRUCTION ADMINISTRATION SERVICES, DESIGN MODIFICATIONS AND ADDITIONS, AND INTEGRATED PUBLIC ART COORIDNATION MARCH 11, 2010 As noted at the beginning of the design phase for the new library, key management responsibilities for the construction of the library will shift from the Assistant Town Manager to the Town Engineer. The Manager's Office will continue to provide project oversight. RECOMMENDATION: Staff recommends that Council authorize the Town Manager to negotiate and execute a first amendment to the agreement with Noll & Tam Architects to provide construction administration services, design modifications and additions, and integrated public art management in an amount not to exceed $406, 366. ENVIRONMENTAL ASSESSMENT: An EIR for the library project has been certified by the Town Council. FISCAL IMPACT: Sufficient funds are available for this amendment to the N&T agreement in the new library project 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 7/01/07 balance RDA Repayment of Police Building Loan General /RDA 2,720,000 Available July 1, 2007 RDA Potential Future Financing RDA 14,000,000 per financial advisor estimate updated 03/15/2008 Total Project Funding Sources $ 18,383,086