13-0416_AVI-CON DBA CA CONSTRUCTION_D6_Agenda Report4/16/2013
06
City of San Jua
Agen
TO: Karen P. Brust, City (an t
FROM: Grant Taylor, Developme t Services Director~~ e\"f.
Prepared by: David Contreras, Senior Plannerm
DATE: April16, 2013
SUBJECT: Consideration of Final Plans and Specifications and Fee Waiver Request
and Authorization of an Amendment to the City's Capital Improvement
Program for Modifications to the San Juan Capistrano Library -Relocation
of the Friends of the Library Bookstore to the Bland Garden
RECOMMENDATION:
By motion,
1) Approve the final Plans and Specifications for the Library Bookstore Relocation
project; and,
2) Upon receipt of funding from the Friends of the Library, authorize the City Manager
to amend the City's Capital Improvement Program budget as follows:
a) Appropriate $287,843 for the Friends of the Library Bookstore Relocation Project
(CIP No. 13301) to be funded from the Facilities Operations Fund.
b) Adjust the City's Facilities Operations Fund to increase Community Donations
revenue by $287,843 (81-00000-48901-00000-000) to accept the contribution
from the San Juan Capistrano Friends of the Library and appropriate the funding
for CIP No. 13301 (81-00000-69050-13301-000) in the same amount; and,
3) Approve a Fee Waiver request in the amount of $7,982.07.
EXECUTIVE SUMMARY:
The Friends of the Library Board (FOL) are requesting approval of final Plans and
Specifications for the Library Bookstore Relocation project. On September 18, 2012,
the City Council approved a Memorandum of Understanding (MOU) between the City
and the. Friends of the Library (Attachment 1 ). The MOU contains a provision· that
requires the FOL to provide plans and specifications for bidding out the work in
accordance with the City's regulations and State Law. The FOL acquired architectural
design services from architects Roy Nunn, Jim Goodman and Michael Imlay. In
addition, the Friends will fund the full costs of the project. The Friends of the Library
Board is also requesting City Council consideration of a Fee Waiver for development
fees in the amount of $7,982.07 (Attachment 2). On July 25, 2012, staff submitted a
City Council Agenda Report
April16, 2013
Page 2 of 3
project scope to the office of Michael Graves for review and comment. On July 27,
2012, staff received an email from the office of Michael Graves indicating approval of
the relocation of the bookstore to the Bland Garden.
DISCUSSION/ANALYSIS:
The Friends of the Library have been very active in fundraising efforts to relocate the
Bookstore from its existing location to the Bland Garden area and informed the City it
has raised over $250,000 towards this project. The Friends of the Library also raises
approximately $50,000 a year in book sales; which is then donated to the library. The
relocation and direct exposure to El Camino Real will make the bookstore far more
visible to pedestrian traffic and is expected to result in an increase of book sales which
would provide greater financial support for the library operation/mission. The
construction of the project will be managed by the City as property and building owner,
on behalf of the Friends of the Library per the conditions and provisions as outlined in
the Memorandum of Understanding (MOU). Additionally, the MOU requires the Friends
of the Library to deposit with the City the estimated construction cost of $261,675 plus a
ten percent (1 0%) contingency of $26,168, for a total of $287,843, prior to the approval
of the plans and specifications. Prevailing wage provisions are mandated by State
Law.
FISCAL IMPACT:
The City's MOU with the Friends requires the Friends of the Library to fund the costs of
the project. The estimated cost of the project, including a 10% contingency, is
$287,843. This cost does not include any City staff time and related overhead costs
associated with the City's management of the project. Any such costs will be funded
from the City's General Fund.
The approval of the plans and specifications and the receipt of funding from the Friends
of the Library wilL result in the creation of a new Capital Improvement Project (CIP) No.
13301 -Library Bookstore Relocation and requires an appropriation of $287,843 from
the Facilities Operations fund, offset by the contribution from the Friends of the Library.
The adjustment to the City's Capital Improvement Program will be made when the
funding is received from the Friends of the Library.
The Friends of the Library are requesting a fee waiver for the project in the amount of
$7,982.07 for building plan check and permit fees (Attachment 2). Granting of the fee
waiver as well as the project management is expected to have limited impact on the
General Fund.
ENVIRONMENTAL IMPACT:
This project has been reviewed in accordance with the California Environmental Quality
Act (CEQA) Guidelines. The City's Environmental Administrator has determined that the
project is categorically exempt from further review per Section 15301 Existing Facilities.
City Council Agenda Report
April 16, 2013
Page 3 of 3
PRIOR CITY COUNCIL REVIEW:
On September 18, 2012, the City Council approved the relocation of The Friends of the
Library Bookstore to the Bland Garden and approved a Memorandum of Understanding
with The Friends of the Library.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On January 30, 2013, staff informed the Planning Commission that the Design Review
Committee on January 17, 2013 reviewed the site and architectural plans for the
proposed project and noted that the project looked great and requested that the project
be presented to the Planning Commission. The Planning Commission commented
favorably on the proposed project and received and filed the staff report.
NOTIFICATION:
Notification has been provided by the posting of the agenda packet on the City's
website. In addition, notification has been provided to:
Susie Wernet, President, Friends of the Library
Jean Vincenzi, Friends of the Library Board member
Sarah Stimson, San Juan Capistrano Library Branch Manager
Helen Fried, Orange County Librarian
Robert Genzel, Orange County Library
Tony Bland
ATTACHMENTS:
Attachment 1 -Memorandum of Understanding (MOU)
Attachment 2 -Fee Waiver Breakdown and Construction Budget
ENCLOSURES:
Enclosure-Plans and Specifications (Available in the City Clerk's Office)
MEMORANDUM OF UNDERSTANDING
FOR
FRIENDS OF THE LIBRARY BOOKSTORE RELOCATION
This MEMORANDUM OF UNDERSTANDING FOR FRIENDS OF THE LffiRARY
BOOKSTORE RELOCATION ("MOU") is made and entered into by and between the CITY OF
SAN JUAN CAPISTRANO, a California municipal corporation ("City"), and "t}le SAN WAN
CAPISTRANO FRIENDS OF THE LIBRARY ("Friends"), on September~, 2012. The
City and Friends are sometimes individually referred to herein as a "Party" and collectively as
the "Parties."
RECITALS
A The Friends are a nonprofit corporation existing to support and raise public awareness
about supporting the local pub1ic library and its programs.
B.· The Friends currently operate a bookstore within the portion of the Library property
under the City's control to support its nonprotit purposes.
C. The City supports the Friends' nonprofit purposes.
D. The Friends need to relocate the existing bookstore and construct a new bookstore in
the portion of the Library known as the Bland Garden to better serve its nonprofit purposes.
E. The Parties desire to initiate negotiations to create a framework on which to proceed
with to enable the relocation and construction of the new bookstore.
· AGREEMENT
1. Recitals. The above Recitals are true and correct and are incorporated herein by
this reference.
2. Term. The term of this MOU shall commence on the date first above written and
shall remain in effect until September 30. 2013 unless terminated earlier in writing by both
Parties.
3. Obligations of Friends.
a. Friends will provide plans and specifications for bidding the work for the
project in compliance with the City's construction standards and state law and prepared by
licensed professionals. The City will not be deemed to employ, contract with, or be responsible
for anyone who prepares such plans and specifications. The plans ·and specifications shall be
acceptable to the City's Public Works Director/City Engineer for bidding out the work in
accordance with the City's regulations and State law.
Page 1 ATTACHMENT 1
b. Friends will fund the full costs of the project. Prior to approval of the
plans and specifications by the City Council for bidding the project work, Friends shall deposit
with the City an amount equal to the City Engineer's estimate for the cost of construction plus a
ten percent (10%) contingency. The City will keep the funds in a segregated account to be used
solely for the project, and will provide an accounting thereof from time to time upon request of
the Friends, not to exceed more than once per month, and will provide a final accounting upon
completion of the project.
4. Obligations of City.
a. City agrees to obtain the Friends' consent and approval for any proposed
change to the project after it has been bid out for construction, which approval shall not be
unreasonably withheld or delayed.
b. City agrees to obtain the Friends' consent and approval should the lowest
qualified bid exceed the amounts on deposit with the City for the project. If the proposed actual
contract amount (as approved by the Friends pursuant to this Section 4(c)) exceeds the amount
on deposit with City, and the Friends approve the increased contract amount, the Friends shall
deposit such amounts as are necessary to equal 110% of the approved actual contract amount
within 15 days of written notice from the City. City shall be under no obligation to enter any
contract until any required additional deposit has been made.
c. If no construction contract is entered into by the City pursuant to this
MOU, City will return to Friends the .amount on deposit with the City within thirty (30) days
after expiration of this MOU or such earlier termination date mutually agreed by the Parties in
writing. If a construction contract is entered into by City, City will return to Friends any
amounts deposited by the Friends in excess of the total cost of the project within thirty (30) days
after payment of all project costs.
5. Further Understanding of the Parties.
a. The Friends will continue to t:;r,erate the existing bookstore space pending
the completion of the project until the ninetieth· (90 ) day after the City Council has issued the
notice of completion of the project.
b. The Parties will enter into a separate, subsequent agreement delineating
the Friends' exclusive right to operate and maintain the new bookstore once it ha..., been
completed and will attempt to enter into any necessary agreement with the County of Orange
related to access or use of the library facilities. The Parties will work in good faith to complete
any agreements within a reasonable time. If the Parties are unable to reach agreement with the
County, the Parties will meet and confer in good faith to modify the plans and specifications and
this MOU to allow the project to proceed without an agreement with the County.
6. Indemnification. Each Pruty ("Indemnifying Party") shall defend, indemnify and
hold harmless the other Party, its officers, officials, employees, representatives and agents
("Indemnified Party") from and against any and all actions, suits, proceedings, claims, demands,
Page2
losses, costs, and expenses, including legal costs and attorneys' fees ("Claims"), for injury to or
death of person(s), for damage to property caused by, the negligent or intentional acts of the
Indemnifying Party, its officers, anyone directly or indirectly employed by Indemnifying Party
and agents or anyone for whose acts the Indemnifying Party may be liable related to this MOU.
7. Miscellaneous.
a. Entire Agreement, Waivers, and Amendments. This MOU
incorporates all of the terms and conditions mentioned herein, or incidental hereto, and
supersedes all negotiations and previous agreements between the Parties with respect to all or
part of the subject matter hereof. All waivers of the provisions of this MOU must be in writing
and signed by the appropriate authorities of the Party. A waiver of the breach of the covenants,
conditions or obligations under this MOU by either Party shall not be construed as a waiver of
any succeeding breach of the same or other covenants, conditions or obligations of this MOU.
Any amendment or modification to this MOU must be in writing and executed by the appropriate
authorities of the City and the Friends.
b. Further Assurances; Mutual Cooperation. The Parties shall perform
such further acts, including execution of documents, as are necessary to effectuate the intent of
thlsMOU.
c. Approval Authority. The persons executing this MOU on behalf of the
Parties hereto warrant that they are duly authorized to execute this MOU on behalf of said Parties
and that by so executing this MOU the Parties hereto are formally bound to the provisions of this
MOU.
d. Interpretation; Governing Law. This MOU shall be construed
according to its fair meaning. This MOU shall be construed in accordance with the laws of the
State of California in effect at the time of the execution of this MOU.
e. Severability. If any provision of this MOU is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
f. Time of Essence. Time is made of the essence with respect to the
performance by the City and Friends.
g. No Third Party Beneficiaries. The Parties intend and agree that no third
parties shall have any rights to enforce any provision of or any obligation created by this MOU.
h. Waiver of Brea.ch. The waiver by one Party of any breach by the other
Party of any of the provisions of this MOU, irrespective of the length of time for which such
failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent
breach either ofth.e same or another provision of this MOU.
Page 3
i. Notice. Any written notice given under the terms of this MOU shall be
either delivered personally or mailed certified mail, postage prepaid, addressed to the party
concerned, as follows:
To City: City of San Juan Capistrano
Attn.: City Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Friends: San Juan Capistrano Friends of the Library
Attn.: President and/or Jean Vincenzi, Governmental liaison, Board of
Directors
21495 El Camino Real
San Juan Capistrano, CA 92675
j. Counterparts. This MOU may be executed by the Parties in
counterparts, which counterparts shall be construed together and have the same affect as if all of
the Parties had executed the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the date first set
forth above.
SAN JUAN CAPISTRANO FRIENDS OF THE LffiRARY,
a California nonprofit corporation
B y:......_,,.c;;z:.~4:.4.~'----J!:--::...!:.~~~;J,e::.:._
(/1
Page4
Page 5
CITY OF SAN JUAN CAPISTRANO
Mailing Address: 32400 Paseo Adelanto San Juan Capistrano, California 92675-3603
www.sanjuancapistrano.org
Friends of the Librarv Proiect
Buildina and Landscaoe
Fee Description
TITLE 24 ADA Fee
BLDG PC FEE
GREEN BUILDING FEE
CONST & DEMO RECYCLING DEPOSIT
MICROFILE-DIGITAL FEE
CONST & DEMO RECYCLING PERMIT A[
BUILDING PERMIT FEE
NPDES FEES
TITLE 24 Energy Provision Fees
PRIVATE IMP COST (UP TO 100,000)
ZONING COMPLIANCE MAJOR PC
PERMIT ISSUANCE FEE
ELECTRICAL ISSUANCE FEE
DEMOLITION ISSUANCE FEE
PRIVATE IMPROV-CHECKING
ZONING COMPLIANCE MINOR PC
STRONG MOTION INSTR COMMERCIAL
RECEIPT NUMBER
COLLECTED BY
INVOICE
Permit Number: B07-0503
Address:
Invoice Date: 4/11/2013
Acct Code & Cost Ctr Units
01-00000-44221-00000-000 0
01-00000-44230-00000-000 0
90-00000-23351-00000-000 0
90-00000-23302-00000-235 1
01-00000-44230-00000-000 50
01-00000-44221-00000-000 0
01-00000-44221-00000-000 0
01-00000-44240-00000-000 0
01-00000-44221-00000-000 0
01-00000-44222-00000-000 0
01-00000-4411 0-00000-000 0
01-00000-44221-00000-000 0
01-00000-44225-00000-000 0
01-00000-44221-00000-000 0
01-00000-44231-00000-000 0
01-00000-4411 0-00000-000 0
90-00000-23331-00000-000 0
TOTAL AMOUNT DUE:
Amount
$202.32
$797.01
$6.00
$1,201.50
$57.00
$92.74
$1,226.17
$130.79
$404.64
$1,750.00
$373.49
$27.24
$27.24
$27.24
$1,500.00
$133.46
$25.23
$7,982.07
Page 1
CHECK NUMBER
ATTACHMENT 2
PAYMENT METHOD -------
Friends of The Library -Construction Budget
Site Preparation I Mobilization
Demolition
Plumbing & Underground
Concrete
Framing
Lighting &
Electrical
Restrooms
Drywall
Windows/Doors
Finish
Paint
Subtotal
Subtotal
$1
$7,200
.$9,000
$14,400
$25,200
$9,000
$7,200
$9.000
$5,400
$5,400
$3,600
$4,500
$3,600
1
March 31 ,20'13
APR 'I 1 2013
PLANNING DEPT.
Contingency
Total Construction Cost-$261,675
168
$287,843
32332 CAMINO CAPISTP.ANO, SUffE 102
Si\N JUAN Ct\PISTRANO, CALifORNI.'\ 92675