Loading...
HomeMy WebLinkAboutReso 1973-7096Form No. 342 Rev. 9-71 RESOLUTION N0. 7096 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RAYMOND M. HOLT AND ASSOCIATES, LIBRARY CONSULTANTS APPROPRIATING FUNDS THEREFOR AND AUTHORIZTNG THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and RAYMOND M. HOLT AND ASSOCIATES, Library Consultants dated the 27th day of November 19 73, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $7,500.00 be, and the same is hereby appropriated from Revenue Sharing Fund 49 for the pur- pose set forth hereinabove. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by f ~F Bluma Levine, ity Li rarian George D. Lindberg, City Attorn ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 27th day of November 19 73, by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ATTE STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA I' City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk LIBRARY CONSULTANT AGREEMENT THIS AGREEMENT, Made and Entered into this 2 7th day of November , 1973, by and between the CITY OF CHULA VISTA, a Municipal Corporation, here- inafter called "City," and RAYMOND M. HOLT AND ASSOCIATES, Library Consult- ants, P. O. Box 745, Del Mar, California, 92014, hereinafter referred to as "Consultant." WITNESSETH: WHEREAS, the City desires to retain a Library Consultant for the pur- pose of reviewing building plans previously prepared for the library, and assistance during the subsequent phases of architectural development and construction of a library building for the City of Chula Vista, and WHEREAS, kaymond M. Holt and Associates, qualified Library Consultants, agrees to serve as a Consultant to the City of Chula Vista in the planning and construction of a new public library building for the City, NOW, THEREFORE, it is mutually understood and agreed by and between the parties that the Consultant will perform the work as set forth herein for the amounts as agreed upon herein under the conditions stipulated, as follows: I. WORK TO BE ACCOh1PLISHED: A. PHASE I. Review and update the most critical portions of the 1967 building program, Planned for Service: A Building Program for the Chula Vista Public Library, including: 1. Revised projections of the City's population in numbers and characteristics. 2. The multi-media concept of organizing library collections and services to maximize utilization while decreasing staff costs. 3. Emphasis on library service to the pre-school child and his parents, and to the senior citizen. 4. Changing patterns of library extension service to meet the needs of residents throughout the City as well as providing services to special groups. 5. Impending impact of the computerization of circulation, bib- liographic control, information retrieval and technical services, and the potential of the mini-computer in library operations. -1- - i ~G' '% 6. Utilization of CATV by the library. 7. Media production facility requirements. 8. Implications of the Serra Regional Library System in terms of interlibrary loan, reference service, delivery, communi- cations, and film service, etc. 9. Re-examination of the community's need for the kind of meeting facilities which the library might best provide. 10. Reconsideration of alternatives to providing for future expansion. 11. Impact of micro-format on eventual collection size. 12. Consideration of changes in collection size, service pat- terns, etc., occurring since 1967. B. PHASE II. CONSULTANT'S SERVICES DURING ARCHITECTURAL DEVELOP- MENT. The Consultant's responsibilities and services during Phase II will include: 1. Assistance in the selection of an architect, if requested by the City. 2. Review of the updated building program with the design architect. 3. Study space analysis and relationship drawings as submit- ted by the architect. 4. Prepare critiques of plans and specifications at the appro- priate time during each of the major stages in the evolution of architectural drawings. 5. Reconcile architectural plans with requirements established in the building program periodically. 6. Assist in establishing and requirements for fixture work and cabinetry, and review drawings and specifications thereof. 7. General assistance in the selection of library furniture and equipment. C. PHASE III. CONSULTANT'S SERVICES DURING CONSTRUCTION. Services and responsibilities during Phase III will include: -2- _-~ - ~ - <~L- %~ 1. Review of "change orders" issued during construction to determine possible effect on the functioning of the build- ing as a library. 2. Consultation with library representatives and architects as necessary when problems arise. 3. Periodic inspections of the building during construction, with specific inspections at (1) the beginning of finish work, (2) during installation of furniture and equipment, and, (3) prior to acceptance of the building by the City. 4. Assist in the following: (a) Determination of the final layout of furniture and equipment. (b) Evaluation of alternatives in decor. (c) Review of graphics and signing. (d) Planning for moving into the new library building. II. SCHEDULE OF WORK. As a full time library consultant, the Consultant will, within reason, be available as needed under the terms of this proposal. Work on Phase I will begin immediately following the signing of this Agreement between the City and the Consultant. The schedule for Phase II and Phase III will, of course, be determined by the architects and by construction. III. GENERAL PROVISIONS. The following general provisions and conditions are included in this Agreement: A. CONSULTANT'S TRAVEL. The Consultant will make such trips to Chula Vista and the Metro- politan San Diego areas as are reasonably necessary to carry out the provisions of this Agreement; however, travel to other locations shall be subject to reimbursement for actual expenses as agreed upon prior to such trips and in conformance with the provisions of this Agreement. B. CONSULTANT AS AN INDEPENDENT CONTRACTOR. In the performance of the obligations and responsibilities set forth in this Agreement, the Consultant shall have the status of an independent contractor and in no sense shall be considered an employee of the City of Chula Vista. -3- C. COOPERATION AND ADHERENCE TO SCHEDULES. The Consultant shall use his best efforts to cooperate with the architects, the City Librarian, and other representatives of the City, and other principals engaged in this project, and shall adhere, so far as possible, to such schedules as may develop in connection with the project. D. THE CITY'S RESPONSIBILITY FOR SUPPLYING PLANS AND OTHER ITEMS. The Consultant shall be provided, promptly and without charge, copies of all maps, plans, specifications, shop drawings, prices, cost estimates, contract documents, reports, studies, correspondence, and other materials required by him for the proper execution of his responsibilities, providing that such items shall be returned to the City when no longer needed, or upon written request. E. CONTRACT DOCUMENTS. One complete set of the contract documents, including but not necessarily limited to, the completed plans and specifications, draw- ings and specifications for fixtures and cabinetry, specifications for furniture and equipment, etc., shall be furnished the Consultant for his permanent files at no cost to him. F. ACCESS TO CONSTRUCTION. The Consultant shall be permitted access to the library building during all phases of construction as he deems necessary for the dis- charge of his duties, providing that the Consultant complies with such safety regulations as may be in force on the site. G. CONSULTANT'S LIABILITY. The Consultant's liability in reviewing plans and specifications, contract documents, cost estimates, etc., submitted to him for review shall be limited to those elements which affect the functioning of the building as a public library and shall not be construed as a check against the requirements of the building code, purchase or bid specifi- cations and requirements, or other regulatory devices. H. SPECIFICATION WRITING. The preparation and writing of specifications for library furni- ture and equipment, including fixture work and cabinetry, is not a re- sponbility of the Consultant. I. ADDITIONAL CONTRACT OR AGREEMENT PROVISIONS. 1. This Agreement may be amended at any time by mutual consent. -4- ~~ . lC% Lei` 2. This Agreement may be terminated upon thirty (30) days written notice by either party. 3. In the event of termination before completion of the pro- ject, the Consultant shall be paid for services rendered to the date of termination unless settlement is otherwise negotiated. J. HOLD HARMLESS. The Consultant shall, and hereby agrees to, hold the City harmless for any and all losses or damages suffered by the City as the result of claims, suits, actions, or proceedings, whether in law or equity, or otherwise, arising out of or as a result of the performance of the Con- sultant's duties hereunder, including but not necessarily limited to, such claims, suits, actions, or proceedings for the infringement of copyrights, or other .proprietary rights of the Consultant or others. K. ADDITIONAL SERVICES. Should the City wish to retain the Consultant for services other than those included in this Agreement, this may be done by: 1. amending the Agreement between the City and the Consultant, and/or 2. written authorization from a City Official so empowered to retain the Consultant for additional services at the rate of Two Hundred Fifty Dollars ($250.00) per day, or at Thirty- one and 25/100 Dollars ($31.25) per hour, with a minimum of One Hundred Twenty-five Dollars ($125.00), plus reimburse- ment of actual expenses incurred, including transportation, lodging, meals, and car mileage (at the rate of Fifteen Cents (15~) per mile if the Consultant uses his own vehicle) based on the round trip mileage from Del Mar. IV. SCHEDULE OF FEES AND PAYMENTS. A. THE CONSULTANT'S FEE. The Consultant's services as detailed in this Agreement will be provided for as follows: 1. Phase I: Work under Phase I will be charged for at Two Hundred Fifty Dollars ($250.00) per diem, with a maximum of Three Thousand Dollars ($3,000.00). 2. Phase II: Work under Phase II will be provided for Two Thousand Five Hundred Dollars ($2,500.00). -5- ~G~G%/ 3. Phase III: Work under Phase III will be provided for Two Thousand Dollars ($2,000.00). B. SCHEDULE OF PAYMENTS. 1. All fees and reimbursements shall be due and payable at the times specified in these provisions, or within ten (10) days following submission of invoices by the Consultant covering consultation services and/or other expenses. 2. The Consultant shall submit an Invoice at the end of each month covering the services rendered during Phase I. 3. The Consultant's fee for Phases II and III will be paid as follows: (a) Two Thousand Dollars ($2,000.00) shall be due and pay- able when Preliminary Plans and Specifications are submitted by the architect to the City for Approval. (b) Working Drawings and Specifications: One Thousand Five Hundred Dollars ($1,500.00) shall be due and pay- able when Working Drawings and Specifications are sub- mitted to the City by the architect for approval. (c) Completion of Construction: One Thousand Dollars ($1,000.00) shall be due and payable when "Notice of Completion" has been filed with the City by the General Building Contractor, or upon occupation of the building by the library, whichever occurs first. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year herein set forth; THE CI OF CHULA VISTA . ~~~?tiG Mayo RAYMOND-~M. HOLT AND ASSOCIATES, LIBRA,&Y` CONSULTANTS It (, Approved as to orm y J~'~`%i~ City Attorney -6- ~;v i %-66 I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose set forth in the attached resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. p C / Amount $ ~-=~~ ~% '- Fund ~~; ~~,:.~~ ~~L~•~s-~ ~ ~, Purpose ~~ ~.%~ ~ / C- c~r1c:~ ~ ~~ T/' ~... ~ Date /~._ ?~ ~ ~ ~~ ~ By CERTIFICATE OF CITY FINANCE OFFICER Certification of Unappropriated Balance `/G~/L~C i~-h~ ' Finance Officer The City of Chula Vista Certification of Unencumbered Balance I HEREBY CERTIFY that the indebtedness and oblig- ation to be incurred. by the contract or agreement author- ized by the attached resolution can be incurred without the violation of any of the provisions of the Charter of the City of Chula Vista, or the Constitution or the laws of the State of California, that sufficient monies have been appropriated for the purpose of said contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn, and that said monies now actually in the Treasury, together with the monies antic- ipated to come into the Treasury, to the .credit of said appropriation are otherwise unencumbered. Amount Not to Exceed Finance Officer The City of Chula Vista Date Fund Purpose Bidder By Dept./Activity Certificate No. ~-7 -`!', i'G' ~1l