Loading...
HomeMy WebLinkAbout5.352 Original ContractCITY OF December 4, 2001 TO: Attachment ORT CITY CLERK NGELES W A S H I N G T O N U.S.A. Mike Quinn, City Manager Craig Knutson, City Attorney Glenn Cutler, Public Works Utilities Director Yvonne Ziomkowski, Finance Director FROM: Becky J. Upton, City Clerk/Management Assistant SUBJECT: Issue of Renovation versus Restoration Carnegie Library This memorandum is written as a follow -up to the discussion at last evening's City Council meeting, at which time statements were made that a promise had been entered into whereby the City would restore the Carnegie Library building. Attached for your reference is a copy of the Interlocal Governmental Agreement for Joint Development of Library Facilities, which was entered into August 2, 1994, between the City of Port Angeles and the North Olympic Library System. I call your attention to the following: Page 1, Paragraph 2: "A previous county -wide bond issue to finance the construction of new library facilities was not successful despite the fact that it was passed by voters within Port Angeles." Page 2, Paragraph 4: "The design and construction of the new library facility and the possible renovation or removal of the existing library facility shall be financed [my emphasis]..." Page 2, Paragraph 5: "The other ballot proposition will be for $300,000 of bonds for renovating the existing library building." Page 5, Paragraph 18: "The City will decide in its sole discretion what actions to take with regard to the existing library building, which actions may include renovating or removing the building." Please let me know if I can provide any additional information. 5, 35 poRr q co* fa' N October 14, 1994 Mr. George Stratton Executive Director North Olympic Library System 2210 South Peabody Port Angeles, WA 98362 CITY OF PORT ANGELES Dear George: 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 Re: Election Costs September 20, 1994 Primary Election Attached is a letter from County Election Superintendent Patty Rosand billing the City for the City's prorated costs associated with the September 20, 1994, Primary Election. Pursuant to the agreement between the City and the North Olympic Library System, these costs are to be paid by the Library. By copy of this letter, I am advising Ms. Rosand that the letter has been sent to you for payment. Thank you for your assistance. Sincerely yours, `,61LCIL Becky J. Upton City Clerk Attachment Copy: Patty Rosand, Clallam County 5, 2, MARY HORDYK, AUDITOR City of Port Angeles Jeff Pomeranz P 0 Box 1150 Port Angeles, WA 98362 Dear Jeff: CLALLAM COUNTY OFFICE OF COUNTY AUDITOR foi9.---Lotbk COURTHOUSE 223 EAST FOURTH STREET PORT ANGELES, WASHINGTON 98362 (206) 452-7831 SCAN 575 -1222 October 10, 1994 According to RCW 29.13.045 whenever any city, town or district shall hold any primary, general or special election, all costs of such election shall be borne by the city, town or district concerned. Your prorated costs for the September 20, 1994 Primary Election are $6,991.68. Please make your check payable to the Clallam County Treasurer. MARY HORDYK CLALLAM COUNTY AUDITOR Rodrund Patty Rosand Election Superintendent RECEIVED CC 1994 City of 1-... Angeles g CLALLAM COUNTY ELECTION COSTS TO BE ALLOCATED PRIMARY ELECTION SEPT. 20, 1994 SALARIES WAGES $38,890.14 PERSONNEL BENEFITS $6,118.86 SUPPLIES $5,681.87 OTHER CHARGES $14,074.95 SERVICES ADJUSTED ELECTION $64,765.82 COSTS ADD: OVERHEAD ($64,765.82 15 $9,714.87 LESS:TOTAL MIN. FEES ($200.00) SPECIAL ELECTION $74,280.69 COSTS TO BE ALLOCATED STATE OF WASHINGTON County of CLALLAM 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 I, the undersigned City Clerk of the City of Port Angeles, Washington, do hereby certify that the hereto attached Interlocal Governmental Agreement for Joint Development of Library Facilities City of Port Angeles and North Olympic Library System, is a true and correct copy of the document(s) indicated above. JQ-01 WITNESS my hand and official seal this 4th day of Aueust 19 94 City Clerk City of Port Angeles CITY OF PORT ANGELES §L±_ A. CQaQS?a Q 4 INTERLOCAL GOVERNMENTAL AGREEMENT FOR JOINT DEVELOPMENT OF LIBRARY FACILITIES THIS AGREEMENT is entered into this 2nd day of August 1994, between the City of Port Angeles, Washington, hereinafter referred to as "City" and North Olympic Library System, hereinafter referred to as "NOLS REPRESENTATIONS 5, 33Z 1. The City of Port Angeles has entered into an agreement with Clallam County for the formation of the North Olympic Library System. Pursuant to the agreement, the City contributes a building within the City limits for the operation of a public library. 2. The existing Port Angeles library building is inadequate to meet the needs of Port Angeles and would require extensive modifications in order to comply with the Americans with Disabilities Act. A previous county -wide bond issue to finance the construction of new library facilities was not successful despite the fact that it was passed by voters within Port Angeles. Accordingly, the City Council has agreed to the NOLS's request to submit a bond issue to Port Angeles voters for the construction of a new library facility in Port Angeles. 3. Since the new library would be financed by bonds issued by the City of Port Angeles, the structure will be owned by the City and leased to the NOLS. Since the site for the new facility is owned by the NOLS, the land will remain under NOLS ownership. 4. The parties have agreed as set forth below that there is a need for mutual cooperation and identification of responsibili- ties in order to present the bond issue to the voters and to provide for the design and construction of the facility should the bond issue be approved. 5. The City is willing and qualified to manage the design and construction phases of the project and to participate with the NOLS in an advisory committee that will make recommendations to the City Council and NOLS Board of Trustees on decisions that must be made as the project progresses. 6. The parties are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34 RCW. 7. The parties have each determined that this Agreement is mutually fair and advantageous. AGREEMENTS NOW, THEREFORE, in consideration of the above representations and the mutual contributions, covenants and agreements contained herein, the parties hereby agree as follows: 1 1. Purpose. The purpose of this Agreement is to set forth certain agreements between the City and NOLS relating to the financing, design, construction, ownership, maintenance, and operation of a new library facility in the City of Port Angeles and possible renovation or removal of the existing library facility. 2. Proiect description /scope of work. The work to be completed pursuant to this Agreement, which work will also be referred to as the "project will consist of financing, developing, and equipping a new library building of approximately 25,000 square feet for the greater Port Angeles area as well as the possible renovation or removal of the existing public library in Port Angeles. The new library building will be located on a site currently owned by the NOLS adjacent to the NOLS's administrative center located on E. Lauridsen Boulevard. The project will consist of all necessary financing, architectural, engineering and other consulting services, inspection and testing, administrative and relocation expenses, utilities, and other work necessary to design, construct and equip a new library. 3. Duration. The duration of this Agreement will be from the date of execution by both parties and will continue until either the bond issue for the new library does not receive voter approval, the parties enter into a lease of the new library facility, or the parties sooner agree to modify, extend, or terminate this Agreement. 4. Financina. The design and construction of the new library facility and the possible renovation or removal of the existing library facility shall be financed in whole or in part by bonds issued by the City of Port Angeles, if such bond issues are approved by the voters in an election to be held on September 20, 1994, and by funds provided by the NOLS. The amounts of said contributions are set forth in the attached Exhibit A, which is attached hereto and incorporated herein by this reference. Any costs incurred in the design and construction of the new library facility, which costs are over and above the amounts set forth in Exhibit A, shall be borne by the NOLS; provided that incurring such additional costs shall be subject to the approval of the NOLS, which approval shall not be unreasonably withheld. 5. Bond election and issuance fees. The City will sponsor a bond election to be held on September 20, 1994. The two ballot propositions will ask Port Angeles voters to authorize the City to issue a total of 3.9 million dollars of general obligation bonds. One ballot proposition will be for 3.6 million dollars of bonds for the new library. The other ballot proposition will be for $300,000 of bonds for renovating the existing library building. The City will also retain the services of bond counsel and financial consultants as necessary to prepare the required legal documents and to issue and market the bonds. All expenses of the bond election and all fees of bond counsel and the financial consultants shall be paid by the NOLS. 2 6. Proiect site. The NOLS shall provide a suitable site for the construction of the new Port Angeles library. The NOLS's title to the site shall be clear of liens or other encumbrances that could adversely affect the construction or operation of the new library. The site will be located in the City of Port Angeles on property currently owned by the NOLS adjacent to the NOLS's administrative center on E. Lauridsen Boulevard. 7. Construction fund and expenditures. All project funds as described in Paragraph 4 above shall be placed in a fund to be administered by the City's Finance Director and to be known as the Port Angeles Library Construction Fund. All expenditures from said fund shall be in accordance with payment requests duly authorized by the City Council and shall be in compliance with the bond ordinance and related documents. 8. Port Anaeles Library Advisory Committee. The City and NOLS shall form the Port Angeles Library Advisory Committee, which shall make recommendations on matters to be decided by the City Council and /or NOLS Board of Trustees such as architect selection, bid award, and change orders, and which shall be constituted as follows: a. one City Council member b. one NOLS trustee c. one member of Friends of the Library d. City Manager or designee e. NOLS Director or designee f. Project Manager 9. Proiect Manacter. The Project Manager shall be the City's Public Works Director or designee, who shall oversee the design and construction of the project on behalf of the City and NOLS and shall make recommendations to the City Council and /or NOLS Board of Trustees on matters such as progress payments, change orders, substantial completion and final completion. 10. Architect selection. The architect for the design of the new Port Angeles library will be selected in accordance with the requirements of Chapter 39.80 RCW. The Port Angeles Library Advisory Committee shall make a recommendation as to the most qualified firm. The final selection shall be made by the City Council subject to the approval of the NOLS Board of Trustees, which approval shall not be unreasonably withheld. The City shall negotiate a contract with the most qualified firm at a price which the City determines is fair and reasonable. 11. Bid award. The contract for constructing the project shall be awarded to the lowest responsible bidder in accordance with the requirements of RCW 35.23.352 and other applicable statutory provisions. The Port Angeles Library Advisory Committee shall make a recommendation to the City Council, which shall award the bid to the lowest responsible bidder, subject to the approval of the NOLS Board of Trustees, which approval shall not be unreasonably withheld. 3 12. Progress payments. Progress payments to the architect and the construction contractor shall be approved by the City Council based on the recommendation of the Project Manager. 13. Change orders. Change orders shall be processed and approved consistent with the City's change order policy as set forth in Resolution No. 7 -91, which is attached hereto as Exhibit B and is incorporated herein by this reference. 14. Administrative costs. The City shall be reimbursed for all project management and administrative costs related to the project, including but not limited to finance, legal, construction oversight, and related services and activities; provided that reimbursement for such administrative costs shall not exceed $50,000 unless otherwise approved by the NOLS Board of Trustees; and provided further that the $50,000 reimbursement amount shall not include the bond election costs and bond issuance fees as set forth in Paragraph 5 above. 15. Legal reauirements. The parties agree to comply with all legal requirements that apply to the project and related acti- vities, including but not limited to legal requirements applicable to the City such as architect selection, bidding, tenant reloca- tion, and prevailing wages, as well as legal requirements set forth in City ordinances, such as permitting and parking regulations. In the case of tenant relocation, NOLS specifically agrees to comply with, and fund all expenses of, the City's Residential Anti Displacement and Relocation Assistance Plan, to the extent said Plan is applicable to the project. 16. Ownership /lease. The new Port Angeles library site will be owned by the NOLS and leased to the City. The building and all appurtenances thereto will be owned by the City. The City shall provide insurance on the building until the project is complete. Upon project completion, the parties will execute a lease of the entire premises, including the land and the building, from the City to the NOLS. The term of the lease will be at least until the bonds are no longer outstanding. The lease will contain provisions requiring the NOLS to operate and maintain the building as set forth in Paragraph 17 below, pay for all utilities, and provide necessary property and liability insurance with the City as a named insured. The lease will also contain provisions requiring the City to be responsible for correcting construction defects for the duration of the warranty period(s) provided for in the construction contract and for making major structural repairs. 17. Operation and maintenance. The NOLS shall operate the premises as a full service library for the citizens of Port Angeles and the general public in accordance with all applicable legal requirements and for purposes incidental to such operation and for no other purpose whatsoever without the written consent of the City. The NOLS shall provide all management, supervision, personnel, materials, equipment and supplies necessary to library operations and shall take all reasonable precautions to prevent damage, injury or loss, by reason of or related to the operation 4 and maintenance of the facility, to any persons or property, and shall provide liability insurance coverage in such amounts necessary to fully cover such damage, injury or loss which may occur despite reasonable precautions or in the event such precau- tions are not taken. The NOLS shall properly supervise and direct its employees and other parties implementing the performance of its duties under this Agreement, and the NOLS shall be fully respons- ible for the performance of such employees and other parties. The premises shall be maintained by the NOLS in a reasonably prudent manner as necessary to promote the building's normal useful life, including all structures and equipment necessary to keep the library facility fully operational for the purposes set forth in this Agreement. The NOLS will maintain property insurance coverage in such amounts necessary to fully insure the NOLS facilities and will apply all insurance proceeds to repair or replacement of the facilities. In the event the facilities are damaged or rendered unusable by an uninsurable cause despite reasonable maintenance by the NOLS, replacement of the facilities shall be accomplished as mutually agreed upon by the parties at the time such replacement becomes necessary. 18. Existina library buildina and City records storaae. The City will decide in its sole discretion what actions to take with regard to the existing library building, which actions may include renovating or removing the building. For such purposes, if both bond issues receive voter approval, the City shall be able to expend up to $500,000 of the project funds as set forth in para- graph 4 above and Exhibit A. If the bond issue for renovating the existing library building does not receive voter approval and the bond issue for the new library building does receive voter approval, then prior to the execution of the lease as set forth in paragraph 16 above, the NOLS shall pay the City up to $400,000 from NOLS funds for renovating or removing the existing library building. In addition, the NOLS recognizes the City's need for records storage space and agrees to make a good faith, cooperative effort with the City in making space available in the existing NOLS administrative services center building for City records storage. 19. Liability. Each party agrees to hold the other harmless from any claim resulting from such party's sole negligence and from actions or omissions that are solely attributable to any employee or agent of such party. 20. Non discrimination. The parties shall perform their responsibilities under this Agreement in a manner which assures fair, equal and non discriminatory treatment of all persons, with respect to race, creed, sex, Viet Nam era veteran status, disabled veteran condition, physical or mental handicap, or national origin and, in particular: a. the parties will maintain open hiring and employment practices and will welcome application for employment in all positions from qualified individuals who are members of such minorities; and 5 21. Assianabilitv. The rights and responsibilities of each party pursuant to this Agreement shall not be assigned without the other party's written agreement. 22. Dispute resolution. Any alleged breach of this Agreement shall be subject to arbitration as may be required by applicable court rules, statutes, or other legal requirements. Any litigation between the parties pursuant to this Agreement shall be brought in Clallam County Superior Court. 23. Filing. Copies of this Agreement shall be filed with the City Clerk, the Clallam County Auditor and the Secretary of State of the State of Washington. 24. Severability. In the event any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officials as set forth below. CITY OF PORT ANGELES NORTH OLYMPIC LIBRARY SYSTEM By: r76-- rcv. o n K. Sargen, Mayor e: R Q d ATTEST: Becky J. on City Cler APPROVED AS TO FORM: A interlocal agr b. the parties will comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to such minority status. Craig D Knutson, City Attorney City of ort Angeles By: G'-"L e°`N`5` Preside. f Board of Trustees Date: g- 3 -1 ATTEST: L (d-4--, TveAitP rRAST s New Library Existina Library EXHIBIT "A" Bonds for new library design and construction: $3.6 million NOLS contribution for new building design, construction, bond election costs, bond fees, contingencies, City's administrative costs: .6 million Subtotal $4.2 million Alternative 1: Bonds for existing library renovation .3 million NOLS contribution for existing library renovation and remodeling: .2 million Subtotal .5 million Alternative 2: NOLS contribution for existing library renovation or removal, if bond issue for new library passes but bond issue for existing library renovation fails .4 million