HomeMy WebLinkAbout29 - Mariners Library Joint Use Conceptual Plan DesignDecember 11, 2001
CITY COUNCIL AGENDA
ITEM NO. 29
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: MARINER'S LIBRARY JOINT USE CONCEPTUAL PLAN DESIGN -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
THIRTIETH STREET ARCHITECTS, INC.
RECOMMENDATIONS:
1. Approve a Professional Services Agreement with Thirtieth Street Architects, Inc.,
(TSA) of Newport Beach for Architectural Design Services of Mariner's Library at
a contract price of $94,700 and authorize the Mayor and City Clerk to execute
the Agreement.
2. Establish an amount of $9,300 to cover the cost of unforeseen work
3. Adopt a budget amendment appropriating $104,000 from the unappropriated
balance of General Fund Reserves to Account No. 7011- C5100661.
DISCUSSION:
On November 27, 2001, a proposal was presented to City Council regarding joint use of a
new library located at Mariner's Elementary School. The proposal detailed a new
Mariners Branch Library, which would be designed to serve both as the Mariner's Branch
Library and the school library for the Mariner's Elementary School of the Newport-Mesa
Unified School District, providing enhanced services for both the community and the
school.
The City and the District have a unique one -time opportunity to request funding for a new
library building from the Proposition 14 Fund for building public libraries. The California
Public Library Construction and Renovation Board, which has the jurisdiction for awarding
these funds, has established the highest priority for "Joint Use" library projects which
would combine a public library and a school library in one service unit.
Funding from the Prop 14 bond funds will provide 65 percent of the cost of this type of
project. The remaining 35 percent for construction and operating funds are to be
provided locally. This is a unique opportunity to enhance library services for the school
and the community. The grant application and accompanying documents need to be
submitted in June 2002.
SUBJECT: Mariner's Library Joint Use Conceptual Plan Design — Professional Services Agreement with Thirtieth Street Architects,
Inc.
December 11, 2001
Page 2
The project provides an opportunity to maximize the use of public funds, with the use of
State grant funds for the building projects, and the synergy of providing joint services with
public funds.
The Council directed Staff to issue a Request for Proposal. Three architectural firms
were invited to submit proposals to provide a Mariner's Library joint use conceptual plan
design. That design will need to be submitted as a component of the Grant Application
package, due in June 2002.
The following firms responded to the City's Request For Proposal:
• Ron Yeo, FAIA Architect, Inc.
• Dougherty + Dougherty Architects LLP
• Thirtieth Street Architects, Inc.
The proposals were independently reviewed to evaluate each firm's qualifications, past
experience on similar projects, and availability. Based on these criteria Staff ranked
Thirtieth Street Architects, Inc., the highest. Upon selection, Staff negotiated with
Thirtieth Street Architects, Inc., to provide the necessary scope of services for a fee of
$94,700. Some of their most recent projects included:
• Hemet Public Library
• Vista Library
City of Los Angeles Library
• Arvin Library
• Cathedral City Public Library
• Rancho Mirage Library
• Temecula Library
They are experienced in all aspects of library design and have been successful in
applying for and obtaining nine library grants. They are familiar with Library Grant
application requirements and design criteria and have established an excellent rapport
with the State grant administrators.
SCOPE OF WORK
The scope of Thirtieth Street Architects, Inc., professional services will include the design
of the new Mariner's Library for submittal for Proposition 14 funding. The proposal
assumes a Library Design Committee will be formed to review progress and direct final
design decisions.
Phase One, Conceptual Design
1.1 The Architect, Interior Designer, and other staff /consultants as required, shall
attend bi- monthly project meetings with the Library Design Committee to discuss
various components of the project and to develop the Conceptual Design.
1.2 The Architect shall review the existing database for the project and shall
photograph and document the architectural context of the area.
SUBJECT: Mariner's Library Joint Use Conceptual Plan Design — Professional Services Agreement with Thirtieth Street Architects,
Inc.
December 11, 2001
Page 3
1.3 Based on this input and the approved Building Program, the Architect shall
prepare up to three conceptual design studies including a site plan, bubble floor
plans, and alternative building massing concepts for review by the Library Design
Committee.
1.4 Prepare boundary and topographic survey of the site.
1.5 Conduct soils and geology testing and prepare report.
1.6 After receipt of comments from the Library Design Committee, the Architect shall
further revise these concepts or generate additional alternatives.
1.7 After the selection of a preferred alternative by the Library Review Committee, the
Architect shall further refine all aspects of the library design.
1.8 After further input from the Library Review Committee, the Architect shall prepare a
final Conceptual Design package including a site plan, single line floor plans, a
furniture plan, all four elevations, two building sections, one large perspective
sketch, and three vignette perspective sketches, all in color.
1.9 The Architect shall submit to the City a Conceptual Statement of Probable
Construction Cost based on current area, volume, or other unit costs.
1.10 The Architect shall prepare an outline specification for the proposed project.
1.11 The Architect shall prepare a computer generated "fly around" animation of the
project showing its relationship to the adjacent school and neighborhood.
1.12 The Architect shall include presentations of the Final Conceptual Design to
reviewing agencies such as the School District, Planning Commission, and City
Council.
1.13 The Team shall also include up to three additional presentations of the Final
Conceptual Design to various community groups.
Phase One, Conceptual Design Products:
• Rough conceptual sketches and exhibits
• An area plan showing the library site in context with the surrounding neighborhood
buildings, parking, and streets
• A site plan showing the library building, parking lot, and access roads, as well as
any anticipated future expansion of the building and parking lot
• A floor plan (single line) showing and identifying by name on the plan the major -
programmed areas for the library. (Each area shall show the square footage
called for in the library- building program and the actual square footage allocated
on the plan)
• A conceptual furniture plan
• Two sections through the building, one longitudinal and one latitudinal
• All four elevations
SUBJECT: Mariner's Library Joint Use Conceptual Plan Design — Professional Services Agreement with Thirtieth Street Architects,
�0 Inc.
v December 11, 2001
Page 4
• Outline specifications describing the type of construction by identifying the basic
building components (structural, mechanical, etc.) and the type of occupancy. The
Architect shall reference any applicable sections of the State Statutes and the
State building code.
• A conceptual statement of probable cost
• A full color professional rendering of the proposed project
• A computer generated "fly around" animation of the proposed project
• All of the above shall be delivered to the City as fixed exhibits on foam boards and
on a CD Rom for Power Point presentations.
Phase Two - Grant Application Assistance
The Architect and TSA Library Consultant shall assist the City and County in the
preparation of the State Library Grant Application.
The Architect and TSA Library Consultant shall attend various meetings with City and
County staff to help coordinate the Grant submittal.
The Architect and TSA Library Consultant shall prepare the technical portions of the
application and shall package the Conceptual Design Exhibits for submittal to the State.
Phase Two, Grant Application Assistance Products:
Miscellaneous exhibits and drawings as required by the Grant Application.
(15 copies and diskette formatted to City specifications.)
Funds for this project in the amount of $104,000 can be appropriated from the
unappropriated balance of General Fund Reserves to Account No. 7011- C5100661.
Respectfully submitted,
L "PUBLlG WORKS DEPARTMENT
Stephen G. Badum, Director
By:t
Lois hTs mo pson
Administrative Manager
Attachment: Professional Services Agreement
J
Exhibit A
Proposal to Provide Professional Services
Mariner's Library
City of Newport Beach
Proposed Scope of Work
The following Scope of Work is to design the new Mariner's Library for submittal
for Proposition 14 funding. In addition to the base scope of work, we offer an
additional service: Building Program Assistance. This proposal assumes that a
Library Design Committee will be formed to review progress and direct final design
decisions.
Phase One, Conceptual Design
1.1 The Architect, Interior Designer and other staff /consultants as required, shall
attend bi- monthly Project Meetings with the Library Design Committee to discuss
various components of the project and to develop the Conceptual Design.
1.2 The Architect shall review the existing database for the project and shall
photograph and document the architectural context of the area.
1.3 Based on this input and the approved Building Program, the Architect shall
prepare up to three (3) conceptual design studies including a site plan, bubble floor
plans and alternative building massing concepts for review by the Library Design
Committee.
1.4 Prepare boundary and topographic survey of the site.
1.5 Conduct soils and geology testing and prepare report.
1.6 After receipt of comments from the Library Design Committee, the Architect
shall further revise these concepts or generate additional alternatives.
1.7 After the selection of a preferred alternative by the Library Review
Committee, the Architect shall further refine all aspects of the library design.
1.8 After further input from the Library Review Committee, the Architect shall
prepare a final Conceptual Design package including a site plan, single line floor
plans, a furniture plan, all four elevations, two building sections and one large
perspective sketch and three vignette perspective sketches, all in color.
1.9 The Architect shall submit to the City a Conceptual Statement of Probable
Construction Cost based on current area, volume or other unit costs.
1.10 Tlw Architect shall prepare an outline specif6cation for the proposed project.
Mariner's Library . Page I
1. 11 The Architect shall prepare a computer generated "fly around" animation of
the project showing its relationship to the adjacent school and neighborhood.
1.12 The Architect shall include presentations of the Final Conceptual Design to
' reviewing agencies such as the School District, Planning Commission, and City
Council.
1.13 The Team shall also include up to three additional presentations of the Final
Conceptual Design to various community groups.
Phase One Conceptual Design Products:
ism • Rough conceptual sketches and exhibits.
• An area plan showing the library site in context with the surrounding neighborhood buildings,
parking and streets.
• A site plan showing the library building, parking lot and access roads, as well as any anticipated
future expansion of the building and parking lot.
• A floor plan (single line) showing and identifying by name on the plan the major - programmed
areas for the library. Each area shall show the square footage called for in the library- building
program and the actual square footage allocated on the plan.
_ • A conceptual furniture plan.
• Two sections through the building, one longitudinal and one latitudinal.
• • All four elevations.
'� • Outline specifications describing the type of construction by identifying the basic building
components (structural, mechanical, etc.) and the type of occupancy. The Architect shall
reference any applicable sections of the State Statutes and the State building code.
• A conceptual statement of probable cost.
A full color professional rendering of the proposed project.
• A computer generated "fly around" animation of the proposed project.
• All of the above shall be delivered to the City as fixed exhibits on foam boards and on a
CD Rom for Power Point presentations.
Phase Two - Grant Application Assistance
2.1 The Architect and TSA Library Consultant shall assist the City and County in
the preparation of the State Library Grant Application.
2.2 The Architect and TSA Library Consultant shall attend various meetings with
City and County staff to help coordinate the Grant submittal.
2.3 The Architect and TSA Library Consultant shall prepare the technical
portions of the application and shall package the Conceptual Design Exhibits for
submittal to the State.
Phase Two, Grant Application Assistance Products:
• Miscellaneous exhibits and drawings as required by the Grant Application.
(15 copies and diskette formatted to City specifications.)
Mariner's Library • Page 2
Exhibit B
We agree to enter into n Time and Material contract with a fixed maximum, as
described in the RFP. We are very willing to work with the City to refine both our
scope of work and professional fees.
The following are typical billing rates for the Library Design Team.
Hourly Billing Rates
If Extra Services are requested in writing by the City, they shall be billed at the
following hourly rates:
Architect:
Principal
$125/Hr.
Licensed Architect
$901Hr.
Draftsperson
$55/Hr.
Consultant Team:
TSA Library Consultant
$90/Hr.
Landscape Architect
$110/Hr.
Civil Engineer
$115/Hr.
- Structural Engineer
$125/Hr.
_ Mechanical and Electrical Engineer
$1104r.
Interior Designer
$ 90/Hr.
Cost Estimator
$ 110/Hr.
Geotechnical Engineer
$120/Hr.
Mariner's Library • Page 4
F::
PROFESSIONAL SERVICES AGREEMENT
FOR
MARINER'S LIBRARY
THIS AGREEMENT, entered into this day of 2001, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and Thirtieth Street Architects Inc., whose address is 2821 Newport Boulevard,
Newport Beach, California, 92663, (hereinafter referred to as "Consultant "), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement the design of Mariners Library ( "Project ").
C. City desires to engage Consultant to provide architectural design services
for the new Mariners Library, with will be a joint use project between the
City of Newport Beach and Newport-Mesa Unified School District upon the
terms and conditions contained in this Agreement.
D. The principal member for the Consultant for purpose of Project is James G.
Wilson.
E. City has solicited and received a proposal from Consultant, has reviewed
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the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of , 2001, and
shall terminate on the 31 st day of December 2002, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
ninety four thousand seven hundred and no /100 dollars ($94,700).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
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computer printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Actual costs and /or other costs and/or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARTE
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4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. Consultant further represents that it shall keep in
effect all such licenses, permits and other approvals during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor"), construction means, methods, techniques, sequences or procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to cant' out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details
and means of performing the work provided that Consultant is in compliance with the
terms of this Agreement. Anything in this Agreement which may appear to give City the
right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
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during term of Project. Consultant has designated James C. Willson to be its Project
Manager. Consultant shall not bill any personnel to Project other than those personnel
identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and Consultant shall perform the services in accordance with the schedule specified
below. The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City and assessment of damages against Consultant for
delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays,
which are due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the services to be provided for Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for
.'m
performance in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition, which purportedly causes a delay, but not later than the
date upon which performance is due. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays, which are
beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances by
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
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Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
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Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance, including "Wavier of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
B. Commercial general liability insurance, including additional insured and
primary and non - contributory wording, covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured and primary and non - contributory wording, covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which covers the services, to
be performed in connection with this Agreement in the minimum amount of
One million dollars Dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
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canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing workers compensation, comprehensive general,
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
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be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
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In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DWG) compatible format.
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Lois Thompson
shall be considered the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to this
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Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
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resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation
of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall riot be assigned, transferred, contracted or subcontracted without
prior written approval of City.
-14-
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Lois Thompson
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax: (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: James C. Wilson
Thirtieth Street Architects, Inc.
2821 Newport Boulevard
Newport Beach, CA 92663
(949) 673 -2643
Fax: (949) 673 -8547
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
-15-
(2) days after receipt by defaulting party from the other parry of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
-16-
Agreement will be effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification
or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of
accuracy or readability of CADD data due to inappropriate storage conditions or duration;
or (c) any use by City, or anyone authorized by City, of CADD data for additions to this
Project, for the completion of this Project by others, or for any other project, excepting
only such use as is authorized, in writing, by Consultant. By acceptance of CADD data,
City agrees to indemnify Consultant for damages and liability resulting from the
modification or misuse of such CADD data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in
the City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
-17-
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
By:
City Attorney
ATTEST:
City Clerk
f
so
CONSULTANT
By:
City of Newport Beach
BUDGET AMENDMENT
2001 -02
EFFECT ON
BUDGETARY FUND BALANCE:
Account
Number
Increase Revenue Estimates
X
Account
Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
rx]
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 025
AMOUNT: $1oa,000.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations to provide for the Mariner's Library Joint Use Conceptual Plan Design.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Division Number
Account Number
Signed:
Signed:
Signed:
Amount
Debit Credit
Description
General Fund Balance $104,000.00
Description
Description
7011 Facilities Rehab /Remodel
C5100661 Mariners Library Design
Financia Approval: Administrat' a Services Director
Administrative Ap oval: City Manager
City Council Approval: City Clerk
$104,000.00
/at
1! J D
ate
Date
NEWPORT BEACH PUBLIC LIBRARY
1000 Avocado Avenue, Newport Beach, CA 92660
To: Mayor ft Members of City Council
From: Board of Library Trustees
Re: Proposed Joint Use Mariners Library Project
I. OVERVIEW OF PROPOSAL
City Council Study Session 2
November 27, 2001
FAX 949 -640 -5681 PNomE 949- 717.3800
www.newportboachlibrary.org
-101
la -1 t -0 1
This proposal details a new Mariners Branch Library which would be designed to serve both as
the Mariners Branch Library and the school library for the Mariners Elementary School of the
Newport-Mesa Unified School District, providing enhanced services for both the community and
the school.
This year the City and the District have a unique one -time opportunity to request funding for a new
library building from the Proposition 14 fund for building public libraries. The California Public
Library Construction and Renovation Board, which has the jurisdiction for awarding these funds, has
established the highest priority for "Joint Use" library projects which would combine a public
library and a school library in one service unit.
Funding from the Prop 14 bond funds will provide 65% of the cost of this type of project. The
remaining 35% for construction and operating funds are to be provided locally. This is a unique
opportunity to enhance library services for the school and the community. The grant application
and accompanying documents need to be submitted in June 2002.
The project provides the opportunity to maximize the use of public funds, with the opportunity
of State grant funds for the building projects, and the synergy of providing joint services with
public funds.
The Newport-Mesa Unified School District Board Members, Library Trustees, respective staff and
community members, have spent the past months developing this project. The Ad Hoc
Committee sees the Mariners Joint Use Library as the cultural, educational and informational
heart of the Mariners Community, providing a variety of exceptional services for all ages
supported by state of the art library technology. This vision will be accomplished through
dedication to serving both as the public library for the community and a school library for the
students from kindergarten through sixth grade at the Mariners Elementary School. This project
will:
• Allow for the maximum use of public funding.
• Forge productive school- library- family- community partnerships.
• Provide improved and expanded access to the collections of the school and the public library,
avoiding unnecessary duplication of books and online resources.
• Offer continuous learning opportunities that are useful, timely, and engaging for all
community members.
• Foster literacy and nurture lifelong learning.
• Provide a welcoming environment that accommodates a variety of learning styles and
backgrounds.
The Mariners Joint Use Library will be an asset for the school and local community.
Proposed Joint Use Mariners Library Project
Page 2
II. BACKGROUND INFORMATION
The State of California, in March 2000, passed Proposition 14, the California Reading and Library
Improvement and Public Library Construction and Renovation Bond Act of 2000 (Education Code
section 19985 - 20011), which provided $350,000,000 for the building of public libraries.
The California Public Library Construction and Renovation Board was established to create
regulations and priorities for the distribution of these funds. That process has now been
completed and the date of June 14, 2002, established for the submission of applications for
these bond funds.
The priorities and requirements for the application are specific:
. nrsr nnnnry —
As specified in Education Code section 19994 (a) (1), first priority for new public libraries
shall be given to joint use projects in which the agency that operates the library and one or
more school districts have a cooperative agreement. [Sections 20440 (d) (1) and Appendix 2
on Cooperative Agreements.]
r IOl /11 oil ■ IL 111. 1.•C
section 19994, all other new public library projects shall be
given second priority.
Community Needs Assessment for Library Services.
Needs assessment, completed within the last five years.
Library Plan of Service.
Plan of service identifying how the needs of the residents, as identified in the community
needs assessment, will be.met by the proposed project.
Library Building Program.
Details of how the library service plan will be implemented in the project.
Conceptual Plans prepared.
Plans prepared by a licensed architect justifying the architectural and engineering project,
construction costs, etc.
Supportine Documents on Funding.
Resolution certifying project budget, local funding commitment, supplemental funds, and
public library operation.
The applicant's governing body shall certify the following by resolution and submit a copy of
the resolution with the Application Form.
A. Commitment to provide the local matching fund amount identified in the Library Project
Budget, as required by Education Code section 19995 (a), including and identifying any
amounts to be credited to local matching funds pursuant to section 19995 (c) and (d).
or, in the alternative
B. Private funds - availability deadline and account certification — The application shall
submit a copy of an account statement from the applicant's accounting system showing
the amount of private funds designated in the Library Project Budget section of the
Application Form. This account shall be submitted with the Application Form.
Proposed Joint Use Mariners Library Project
Page 3
• Lease Agreement
For a site that will be secured through a lease, a legally executed lease agreement for the
site that is in compliance with the conditions of section 20440, Appendix 6, and which may
contain a provision making the lease agreement contingent upon funding of the project by
the Board.
• Cooperative Agreement for Joint Use Proiects
All applicants for joint use project funding shall submit a copy of the cooperative agreement
between the public library jurisdiction and the public school district(s) that shall include the
elements listed in section 20440, Appendix 2.
• A 20 Year Commitment for Joint Cooperative Use
Commitment of the parties to provide joint use library services for 20 years consistent with
the intent of the cooperative agreement.
• A 40 Year Commitment to Operate a Public Library
A commitment that the facility shall be dedicated to public library direct service use for a
period of 40 years following completion of the project, regardless of any operating
agreements the applicant may have with other jurisdictions or parties.
• The California Environmental Quality Act (CE A)
The applicant, as lead agency, shall submit with the Application Form, evidence that the
environmental impact documentation (EID) required by CEQA has been fully completed.
[Public Resources Code sections 21000.21177 and California Code of Regulations, Title 14,
sections 15000 - 15387.]
III. GUIDELINES FOR PROJECT BUDGET
The total budget which can be approved for funding the new construction under the Bond Act is
$202 per square foot, with the additional multiplier of 1.01. for the County of Orange, or
$204.02 per square foot.
In addition to this threshold for funding, other eligible costs include equipment, shelving,
computers, furniture and site development (utilities, fill and rough grading, special foundation
support, paving, curbs, gutters and sidewalks, retaining walls, landscaping, signage, lighting,
traffic signals and demolition).
• Caveat — All off -site costs beyond 100 feet utility tie -ins are considered local expenses,
ineligible for grant funding.
In addition, a 10% contingency can be added to the total budget eligible for funding.
The proposed project is for a 12,000 to 12,500 two -story square foot facility. Thus, the baseline
approved budget for this project would be $2,448,000 to $2,550,000. However, with additional
approval costs associated with the project, as cited above, it is anticipated that the total
project will be in the range of $3,000,000.
Eligible state funds would be $1,950,000; local match $1,050,000, potentially to be raised by
private funding, and held in escrow by the City during the application process.
Proposed Joint Use Mariners Library Project
Page 4
IV. ADDITIONAL COSTS AND CONCERNS
A. Relocation of the Athletic Facilities
The relocation of the Mariners Branch to the school site would require relocation of some
athletic facilities at Mariners Park. They are currently identified as relocation of the lighted
tennis courts, the batting cage, shifting of one ball field approximately 10 -12 feet, and
relocation of the small soccer practice field. These costs can not be included in the application
for funding and have been estimated as ranging from $150,000 to $250,000.
A tentative site plan, sketched with assistance of City staff and an outside consultant, is
attached.
B. Costs for Preparation of the Conceptual Desien Plan
The costs for creating the required conceptual architectural plans have been estimated at
$100,000 to $125,000. To date, the City has appropriated in the FY 2001/02 Capital
Improvement Program budget only $24,0000, for initial design plans for a remodel/ rebuilding of
Mariners Branch Library, a portion of which has been expended for the conceptual site plans.
C. Field Act Applicability
The proposed project triggers the additional requirements of the Field Act (Education Code
sections 17281, 17365 and 81130), with required approvals by Office of State Architect and
"Certified Feld Act" inspectors during the construction. Further investigation is needed as
to the District's role in these responsibilities.
V. CURRENT LIBRARY BUDGET FOR MARINERS BRANCH LIBRARY
A. Current Budget for Mariners Branch Library
In FY 2001/02, the budget for the onsite operation of the Mariners Branch Library (budget
no. 4009 -4040) is $352,808. In addition Mariners Branch is supported by the overall general
administration costs of $1,755,920 for running the entire library system (budget no. 4009-
4010), including technology, library materials, etc. The current Mariners Branch Library
budget is attached.
B. Library Service Hours
Current - 54 hours/week
Monday
Noon - 9pm
Tuesday
9am - 6pm
Wednesday
Noon - 9pm
Thursday
9am - 6pm
Friday
9am- 6pm
Saturday
9am - 6pm
Sunday
Closed
Total
54 hours/week
Proposed for Joint Proiect - 67 hrs /week
Monday - Thursday Sam - 8pm
Friday
8am - 6pm
Saturday
9am - 6pm
Sunday
Closed
Total
67 hours /week
C. Staff and Staffing Costs
Current staffing at Mariners is 7.61 FTE. Additional staffing of 2.2 FTE would be required
for the joint project, at an estimated cost (FY 2001/02) of $80,000, to be contributed by
the District.
D. Library Materials Budget
The City library currently allocates a minimum of $76,000 from the overall City library
materials budget (4010 -8260) to the Mariners Branch Library. Minimum additional funds of
$20,000 for materials need to be contributed by the District.
Proposed Joint Use Mariners Library Project
Page 5
VI. POINTS FOR NEGOTIATION OF JOINT USE PROJECT
A. Sharing of Initial costs for application Drocess and for relocation of athletic facilities to be
negotiated.
(1) Conceptual architectural plans estimated, at $100,000 to $125,000.
(2) Relocation of Mariners Park athletic facilities, estimated at $150,000 to $250,000.
B. Lease Agreement
Long -term lease for site of new City facility constructed on District land.
C. Joint Use Cooperative Agreement
Elements of the agreement must include:
(1) Establishment of authority — The library remains a City public library under the
administrative control of the Board of Library Trustees, as defined in the City Charter.
There shall be a Board of Library Trustees consisting of five members which shall
have the power and duty to:
(a) Have charge of the administration of City libraries and make and enforce such
by -laws, rules and regulations as may be necessary therefor.
(b) Designate its own secretary.
(c) Consider the annual budget for library purposes during the process of its
preparation and make recommendations with respect thereto to the City
Council and City Manager.
(d) Purchase and acquire books, journals, maps, publications and other supplies
peculiar to the needs of the library, subject, however, to the limitations of the
budget for such purposes. The expenditure and disbursement of funds for such
purchases shall be made and approved as elsewhere in this Charter provided.
(e) Approve or disapprove the appointment, suspension or removal of the
Librarian, who shall be the department head.
(f) Accept money, personal property or real estate donated to the City for library
purposes, subject to the approval of the City Council.
(g) Contract with schools, county or other governmental agencies to render or
receive library services or facilities, subject to the approval of the City Council.
(2) Free Public Library Service
Library free to inhabitants and taxpayers, unless in violation of rules. Every library
established pursuant to this chapter shall be forever free to the inhabitants and non-
resident taxpayers of the municipality, subject always to such rules, regulations, and
bylaws as may be made by boards of library trustees. Any person who violates any
rule, regulations, or bylaw may be fined or excluded form the privileges of the library.
[Education Code section 18960.]
(3) Establishment of control of expenditures
The City /Board of Library Trustees has exclusive control of all expenditures of all
moneys collected, donated, or appropriated for the library as well as exclusive
charge, control and custody of the building.
The District shall be responsible for payment of a minimum of $100,000 annually,
including $80,000 for additional staff and $20,000 for the purchase of library
materials.
Proposed Joint Use Mariners Library Project
Page 6
(4) Staffin
• The City Library shall provide staff necessary to perform the public library mission
of the combined library.
• The School District shall provide a school library media clerk to perform the mission of
the school library in the combined library. The clerk remains a District employee, but
works under the supervision of the Library Branch Manager. The District shall be
responsible for salaries and fringe benefits of all school personnel.
The library shall provide overall supervision and evaluation of all staff. The School
Principal will confer with the Library Branch Manager on the evaluation of the
school library media clerk.
The City library shall be responsible for salaries and fringe benefits of all City
library personnel.
(5) Selection of Materials
• Library staff will be responsible for selection of all materials appropriate to meet
the public library mission of the combined library.
The library staff and the Mariners School staff will jointly be responsible for the
selection of all materials relevant to meeting the mission for school library service.
(6) Ownership of Assets
• Ownership of all library materials, equipment and furnishings shall be retained by
the City library and identified as such.
All library materials, equipment, and furnishings shall be available for use by the
public, the students, and school personnel.
• In the event of termination of the agreement at the end of the twenty -year period,
library materials proportional to the total funds for materials provided by the
District would be returned to the District.
(7) Proposed Hours of Operation
Monday - Thursday Sam - 8pm
Friday
8am - 6pm
Saturday
9am - 6pm
Sunday
Closed
Total
67 hours /week
(8) Documents to be Developed
• Long Range Plan for library services which has been formulated by teachers, library
staff and approved by the Board of Library Trustees and the District.
. Collection Development Policy for the Joint Use Library
(9) Attached
Education Code section 20440: Appendix 2, Required Elements for Joint Use
Cooperative Agreement.
Proposed Joint Use Mariners Library Project
Page 7
VII. TENTATIVE TIME LINE
DRAFT
Date
Task/Project
Responsibility
Status
November 5 -
• Neighborhood meetings
• City Staff
0 Meetings held
December 11, 2001
• Mariners School Foundation
• NMUSD staff
0 Promotional
• Parks, Beaches @ Recreation
• Board of Library Trustees
materials
Commission
distributed
• Additional
meetings to be
scheduled
November 20, 2001
Agenda item for approval of project
Board of Library Trustees
November 27, 2001
Presentation at City Council Study
• City Council
Direction needed
Session
• Board of Library Trustees
from City Council.
November 28, 2001
Initiation of draft library building
Library staff with NMUSD
• Data available
program
staff
• Strategic plans
• Compilation of Needs assessment
for library
services for
both Newport
Beach Public
Library and
District already
prepared.
December 4, 2001
Review of decisions, responsibilities
Board of Library Trustees
December 11, 2001
• Agreements of intent approved by
City Council
both agencies (if required)
NMUSD Board
• Decision on division of application
costs for proposal
• Negotiation of long-term lease
from District to City for
construction of City library on
school site.
• Initiation of negotiations of
City/ District
cooperative agreements.
Input from Board of Library
Trustees regarding library
services
January 2, 2002
• Launch of funding campaign
Local Mariners Funding
(estimated at $900,000- $1M),
Committee
January - June 11, 2002
• Initiate selection of architect
City staff
January 31, 2002
Completion of library building
NBPL /NMUSD staff
program
Proposed Joint Use Mariners Library Project
Page 8
Date
Task/Project
Responsibility
Status
February 12, 2002
• Award contract to architect for
City Council /City Staff
conceptual design of facility
Approval by City Attorney
• Initiate negotiation of
City Staff
cooperative agreement
NMUSD Staff
March 15, 2002
Review of initial conceptual design
NBPL staff/ NMUSD staff
April 16, 2002
Approval of conceptual design
Board of Library Trustees
April 28, 2002
Review of final Environmental Report
City Council
May 1 -30, 2002
Preparation of Grant Proposal
NBPL /NMUSD staff
May 28, 2002
• Review of cooperative agreement
City Council
. Approval of final documents,
NMUSD Board
agreements, etc. by respective
jurisdictions
June 1, 2002
Issuance of Notice of Exemption from
City Staff
CEQA
June 11, 2002
• Completion of funding campaign
Funding Committee
• Transfer of matching funds to
City escrow account
• Required certification that
City Council
operational funds are available
• Required certification of
City Council
matching funding of 35% for
project available in escrow.
June 14
• Submittal of Grant Proposal to
City/NBPL staff
State Library
October 7002
Anticipated response from State
State Library
Library expected
November 2002
Selection and preparation of contract
City staff
with architect for schematic and
construction drawings
May 2003
• Completion of construction
City staff
drawings
• Public bidding process
July 2003
Awarding of contract
City staff
September 2004
Completion of new library facility
City staff
• Dedication of new library
City and staff and
NBPL /NMUSD staff
Attachments: 1. Summary of Required Elements of Joint Use Cooperative Agreement
2. Conceptual Site Plan _
3. Mariners Branch Budget (no. 4009 -4040)
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3184
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3188
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3205
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A4+aLchmcn+ 1
the following elements:
1. A definition of the roles and responsibilities of each Party with respect
supervision, operation, management and others as applicable
2. A description of the joint library services and how they will be provided
3. The library hours of service for the public and for students
4. The number and classifications of staff members
5. The use of volunteers, if any
6. Werrti#y- Identification of the location of the proposed joint use project.
7. Ownership of the site, facility, fumishings equipment and library materials
8. All sources and uses of funding
9.
Responsibility for facility operation
maintenance and management
10.
Review and modification process
for the conditions of the agreement
11. Field Act applicability to the project:
a. A statement that the proiect will or will not be subject to the Field Act
b. The rationale for the determination regarding the Field Act applicability
12. , A 20 -year commitment to providing ioint use library services consistent with the intent of
the seMGes de*ca4 the cooperative agreement
13.
64
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