HomeMy WebLinkAbout2010/08/03 Item 9
CITY COUNCIL
AGENDA STATEMENT
./:~.
~M~ CITY OF
~ (HULA VISTA
AUGUST 3, 2010, Item~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT IN THE
AMOUNT OF FIFTY-FIVE THOUSAND DOLLARS
($55,000) WITH GROUP 4 ARCHITECTURE RESEARCH +
PLANNING INC., TO PROVIDE A LIBRARY FACILITIES
MASTER PLAN FOR THE CHULA VISTA PUBLIC
LIBRARY
LIBRARYDIRE~T SIL fv-- ?c(./.
CITY MANAGE
ASSISTANT CIT ANAGER ",?'l
ITEM TITLE:
4/5THS VOTE: YES D NO ~
SUMMARY
On March 22, 2010, staff issued a Request for Proposal (RFP) for a Library Facilities
Master Plan. The project is included in the 2010/2011 Capital Improvement Program
budget to permit the completion of an updated Facilities Master Plan and its phased
implementation.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIvity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity may have a significant effect on the
environment because the activity is approval of a contract for preparation of an Updated
Library Master Plan only; therefore, pursuant to Section 15061(b)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary .
RECOMMENDATION
Council adopts the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
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AUGUST 3, 2010, ltem~
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The most recent Chula Vista Public Library Facilities Master Plan was completed in
1998. In an effort to update the plan in light of changing demographic, technological and
economic conditions, an RFP for a Library Facilities Master Plan was relcased on March
22,2010. To reach as wide an audience of well-qualified and experienced consultants as
possible, it was advertised on Planet Bids and noticed in national library trade journals
and electronic journals and newsletters. In total, 9 proposals were received. A panel
consisting of the Library Director, the former Library Business Manager and an outside
expert (Director, Coronado Public Library) were convened to review the proposals and
select the most promising finalists who would be offered an interview. The four finalists
were Davy Architecture, Group 4 Architecture Research + Planning, Killefer Flammung,
and Richard & Bauer. After a comprehensive evaluation process and as a result of
negotiations, Group 4 Architecture Research + Planning was selected as the firm most
suited to meet the City's needs. Compensation will be a single fixed fee of$55,000, with
a limit on compensation for additional work set at $5,000. The plan will include but not
be limited to:
. a recommendation of thrcshold standards for library facilities,
. recommendations for locations and optimum service components of future
branch libraries in the eastern portion of the City,
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section I 8704.2(a)(1 ) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
This project is being funded by the California Library Services Act fund. California
Services Act nmds can only be used to fund Library related expenditures. A capital
improvement project was established for this project in a prior budget process thus no
appropriations are requested at this time.
ONGOING FISCAL IMPACT
The approval of the agreement with Group 4 Architecture Research + Planning has no
ongoing fiscal impact. The recommendations developed as part of the Library Facilities
Master Plan for the Chula Vista Public Library will be brought forward for Council
consideration with the fiscal impact of implementing those recommendations.
ATTACHMENTS
Library Facilities Master Plan Consulting Agreement
Prepared by' Betty Waznis, Director, Library
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RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT IN THE
AMOUNT OF FIFTY-FIVE THOUSAND DOLLARS ($55,000)
WITH GROUP 4 ARCHITECTURE RESEARCH + PLANNING
INC., TO PROVIDE A LIBRARY FACILITIES MASTER PLAN
FOR THE CHULA VISTA PUBLIC LIBRARY
WHEREAS, Chula Vista Public Library IS one of Chula Vista's most valued and
appreciated municipal services; and
WHEREAS, last fiscal year over 800,000 library visitors checked out over 1.1 million
items and used public access computers over 214,000 times; and
WHEREAS, the most recent City of Chula Vista Library Facilities Master Plan was
completed in 1998; and
WHEREAS, changing economic, technological and demographic conditions call for an
updated plan; and
WHEREAS, after a comprehensive RFP, review and interview process Group 4
Architecture Research + Planning was selected as a top ranked firm with multiple successful
Library Facility Master Plan projects.
NOW, THEREFORE, BE IT RESOL VED that the City Council ofthe City of Chula
Vista approves the contract with Group 4 Architecture Research + Planning Inc. for a Library
Facilities Master Plan for the Chula Vista Public Library.
Presented by:
Approved as to form by:
(
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Betty Waznis
Director of Library
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
r
~~~~
Bart C. Miesfeld
City Attorney
Dated: :jl? W /7
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND
GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INe.
TO PROVIDE A FACILITIES MASTER PLAN
FOR CHULA VISTA PUBLIC LIBRARY
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PARTIES AND RECITAL PAGE(S)
Agreement between
City of Chula Vista
and
Group 4 Architecture Research + Planning, Inc
To Provide a Facilities Master Plan for Chula Vista Public Library, City ofChula Vista
This agreement (" Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A to this Agreement ("Exhibit A"), Paragraph 1, is between the City-related entity whose
,name and business form is indicated on Exhibit A, Paragraph 2, ("City"), and the entity whose
name, business fOlW, place of business and telephone numbers are indicated on Exhibit A,
Paragraphs 4 through 6, ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, Chula Vista Public Library ("Library") is one ofChula Vista's most valued
and appreciated municipal services; and,
WHEREAS, last fiscal year over 800,000 library visitors checked out over 1.1 million
items and used 214,000 public access computer sessions; and
WHEREAS, the most recent City of Chula Vista Library Facilities Master Plan was
completed in 1998; and
WHEREAS, changing economic, technological and demographic conditions call for an
updated plan; and
WHEREAS, this Agreement provides for the completion of a Facilities Master Plan for
the Library; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE 1. CONSULTANT'S OBLIGATIONS
A. General
1. Gejj"eral Duties:-C6JJsultant shall perfonn -a:ll-of-the services-des-cribed on Exhibit"A,
Paragraph 7 ("General Duties").
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver' to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, tenninate this Agreement. The Consultant shall not be responsible for schedule
delays beyond their reasonable control.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Sen>ices. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
pertormed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
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caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
B. Application of Laws. Should a federal or state law pre-empt a .local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notifY City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
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1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or'
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form Number CA 0001, covering Hired and Non-
Owned Autos, Automobile Liability, Codes 8 and 9
c. We. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
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3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
annlicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage for Hired and Non-Owned Autos.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence and $1,000,000 annual aggregate
Liabili ty or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles hired or
borrowed by or on behalf of the Consultant, where applicable, and, with respect to
liability arising out of work or operations performed by or on behalf of the
Consultant, including providing materials, parts or equipment furnished in connection
with such work or operations. The general liability additional insured coverage must
be provided in the form of an endorsement to the Consultant's insurance using ISO
CG 2010 (11185) or its equivalent. Specifically, the endorsement must not exclude
Products/Completed Operations coverage.
b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
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and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
Consultant and in no way relieves the Consultant from its responsibility to provide
msurance.
c. Cancellation. The certificate of insurance will evidence that insurance policies
required by this Agreement shall not be canceled by either party, except after thirty
days' prior written notice to the City by mail. The words "will endeavor" and "but
failure to mail such notice shall impose no obligation or liability of any kind upon the
company, its agents, or representatives" shall be deleted from all certificates.
d. Activc Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least one year after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
7. Acceptabilitv of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V.If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less' than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section J.c. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
or policies conform to the requirements of this Agreement. All certificates and
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endorsements are to be received and approved by the City before work commences. Thc
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all sub consultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
sub consultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
I. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://www.fins.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Securitv. In the event that Exhibit A,. at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
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E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE I!. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
ofreviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
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4. Pavment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City' to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligatioll to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
I. Consultant is Designated as an FPPC Filer.. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney. .
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest oilier than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined iliat Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
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will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Dutv to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Wan-anties Against Economic Interests. Consultant wan-ants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement, Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
I. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement, It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penaltv. Failure to complete the Dcfined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
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consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as detennined by the City,
Consultant shall be excused from perfornling that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Design Professional Services covered
under Article Y., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
2. Design Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
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negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.I and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections AI. and A2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections AI. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event,. all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Tem1ination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof~ at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
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Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials prior to the effective date of such tennination. Consultant
hereby expressly waives any and all claims for damages or compensation mising under this
Agreement except asset forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may reqUlre.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
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1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identitied in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants".
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreemmt.
C. Independent Contractor. City is interested only in the results obtained anrl Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
1. Actions on Behalf of City. Except as City may specifY in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to. any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
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herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
1. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each ofthe designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
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M. Governing LawIVenue. This Agreement shall be governed by aud construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable; the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City ofChula Vista.
(End of page. Next page is signature page.)
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Signature Page
to .
Agreement between
City ofChula Vista and
Group 4 Architecture Research + Planning, Inc,
,To Provide a Facilities Master Plan for Chula Vista Public Library, City of Chula Vista
IN WITNESS \VHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated: Group 4 Architecture Research +
Planning, Inc
By: (A/ 71:: ~
ayne Gehrke
Principal
Exhibit List to Agreement eX)
Exhibit A.
9-20
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Exhibit A
to
Agreement between
City ofChula Vista
and
Group 4 Architecture Research + Planning, Inc.
I. Effective Date of Agreement:
2. City-Related Entity:
(x) City ofChula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority ofthe City of Chula Vista, a
() Other:
3. Place of Business for City:
Chula Vista Public Library
365 F Street
Chula Vista, CA 91910
4. Consultant:
Group 4 Architecture Research + Planning, Inc.
Wayne Gehrke, Principal
5. Business Form of Con suIt ant:
( ) Sole Proprietorship
( ) Partnership
( x) Corporation
6. Place of Business, Telephone and Fax Number of Con suIt ant:
211 Linden Avenue
South San Francisco, CA 94080
Phone 650-871-0709
Fax 650-871-7911
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7. General Duties:
The Consultant shall provide a Facilities Master Plan for the Chula Vista Public Library, as
described in section 8.A., below ("Defined Services"). It shall be within the City Manager's sole
discretion to authorize additional work ("Additional Services") by Consultant, pursuant to
section IO.A.2., below. All Additional Services shall be subject to the terms and conditions of
this Agreement.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1.1 Phase 1 Services - Project Initiation. The Consultant shall:
1.1.1 Confirm project goals with the City.
1.1.2 Prepare a project directory.
1.1.3 Review City-provided project infonnation including the previous library master plan.
1.1.4 A1eetings: Consultant will attend one Project Management Team (PMT) web
conference meeting.
1.1.5 Deliverables: Project schedule; project directory; statement of project goals and
objectives.
1.2 Phase 2 Services -Information Gathering. The Consultant shall:
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
1.2.7
1.2.8
1.2.9
1.2.10
1.2.11
1.2.12
Review City-provided demographic and planning information.
Receive City-provided information on library services and operations.
Conduct 1 joint infonnation-gathering meeting with the Library Board, the friends of
the Chula Vista Library, and the Chula Vista Library Foundation.
Conduct 1 joint information-gathering meeting with community leaders from the
eastern and western portions of Chula Vista including the Rancho del Rey.
Visit each existing library branch.
Interview with library staff in a joint meeting.
Meet in person, or by telephone or web conference, with individual City Council
members and the Mayor.
Review any City-provided plans of the Sweetwater Union High School District, the
Southwestern Community College District and the California State University for
future educational services locations.
Using City-provided information, prepare a GIS-based map of library users for each
current branch.
Prepare questions for a survey of library users and review survey results.
A1eetings: Consultant will attend one joint meeting with library groups; 1 joint
meeting with community representatives; 1 interview in person or by telephone or
web conference with each City Council memher and Mayor; joint meeting with
library staff; 1 PMT Web conference; and 1 two-day site visit to Chula Vista to
conduct meetings and gather information.
Deliverables: GIS user maps; draft user survey.
1.3 Phase 3 Services Service Standards The Consultant shall:
1.3.1 Prepare library service threshold criteria for the library system.
1.3.2 Develop criteria for new library branches.
1.3.3 Develop criteria for selecting and planning new branch locations.
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1.3.4 Prepare options for alternative service delivery methods and develop criteria for
selection.
1.3.5 Review library service criteria with City for approval.
1.3.6 iv/eetings: Consultant will attend up to two PMT web conference meetings; 1 one-
day site visit to Chula Vista.
1.3.7 Deliverables: ivkmorandum summarizing library system design criteria, criteria for
new branches, criteria for branch locations, and criteria for alternative service
delivery.
1.4 Phase 4 Serv!ces - Recommendations. The Consultant shall:
1.4.1 Based on approved criteria from Phase 3, prepare recommendations for city-wide
library services locations.
1.4.2 Prepare recommendations for the range of options for size and locations for each
facility.
1.4.3 Prepare an illustrative range of services that could be offered at each facility.
1.4.4 Prepare an illustrative summary of a range of options for alternative library service
delivery opportunities.
1.4.5 Provide guidance to City for capital cost budgets if needed.
1.4.6 Prepare recommendations for next steps for the City to take including options for
implementing the recommendations over time.
1.4.7 Review recommendations with City for approval.
1.4.8 Meetings: Consultant will attend up to two PMT web conference meetings; 1 one-
day site visit to Chula Vista.
1.4.9 Deliverables: Memorandum summarizing recommendations.
i.5 Phase 5 Services - Summwy Report. The Consultant shall:
1.5.1 Prepare a. draft summary report for review by the City.
1.5.2 Revise the draft summary report per direction by the City to create the final summary
report
1.5.3 Provide an electronic copy and 5 bound copies for the City's use.
1.5.4 lUeetillgs.' Consultant will attend up to 2 PMT web conference meetings to review
summary report and provide direction.
1.5.5 Deliverables: 1 electronic copy of draft report; I ele'ctronic copy and 5 printed and
bound copies of final report.
B. Date for Commencement of Consultant Services:
( x ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Oeliverables:
Deliverable No. I: Project Initiation - IS calendar days
Deliverable No.2: Information Gathering - 75 calendar days
Deliverable No.3: Service Standards - 95 calendar days
Deliverable No.4: Recommendations - 1 10 calendar days
Deliverable No.5: Summary Report - 150 calendar days
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D. Date for completion of all Consultant services: 150 calendar days after notice to proceed
is provided to the Consultant.
9. Materials Services and Information Required to be Supplied by City to Consultant:
Scheduling and invitations for staff and stakeholder meetings.
Infonnation about library service needs. .
Formatting and issuance of electronic user survey.
Demographic information.
Infonnation on current library and other facilities.
Library expenditure, revenue and s'taffing information.
A project representative who can render decisions on behalf of the Project in a timely
manner.
1.1.8. Any other information not included in Consultant's Basic Services or Additional
Services that is reasonably needed for the project.
10. Compensation:
1.1.1.
1.12.
1.1.3.
1.1.4.
!.l.5.
1.1.6.
1.1.7.
A. (x) Single Fixed Fee Arrangement.
I. Defined Services. For performance of all of the Defined Services by Consultant as
herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or
for the Deliverables set forth below: .
Single Fixed Fee Amount:
$55,000
, payable as follows:
Phase I - Project Initiation
Phase 2 - Infonnation Gathering
Phase 3 - Service Standards
Phase 4 - Recommendations
Phase 5 - Summary Report
S 5,500
$15,000
$15,000
$14,000
$ 5,500 .
2. Additional Services. If authorized in writing by the City Manager, Consultant may be
compensated for additional work, up to a maximum of$5,000, for performance of Additional
Services (defined as any services not included' in the Detailed Scope of Work, as set forth in
section B.A., above). These Additional Services may include:
a. Attendance at additional meetings.
b. Drawings of existing and new facilities.
c. Environmental studies.
d. Traffic engineering.
e. The services of Engineering and specialist sub consultants other than library
consultant.
f. EIR services.
g. Cost estim"ates.
h. Scale models.
1. Computer animation.
J. Preparation and conducting of additional focus groups and follow up.
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k. lvfaking revisions to drawings, reports, or other documents when such revisions are
inconsistent with approvals or directions previously given.
Additional Services will be compensated at the following hourly rates, and shall not exceed
$5,000 without additional approval bv the Citv Council:
Principal
Associate
Project Manager
Professional I
Professional II
Professional III
Technical I
Technical II
T echnica! III
Tecllnical IV
Project Support
$185.00
$145.00
$145.00
$135.00
$115.00
$105.00
$110.00
$100.00
$90.00
$80.00
$70.00
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) L Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase, The retention amount or percentage set
forth in Paragraph 18 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B, 0 Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase,
( ) I. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
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each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 18 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. ( ) Hourly Rate Arrangement
For perfonnance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ ("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense. See Exhibit B for wage rates.
( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
( x ) None, the compensation includes all costs.
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Cost or Rate
$
$
$
$
$
$
$
$
$
$
() Reports; not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Outside Services:
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $'
12. Contract Administrators:
City: Betty Waznis, Library Director
Consultant: Wayne Gehrke, Principal Group 4
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict oflnterest
Code (Chula Vista Municipal Code chapter 2.02):
(X)Not Applicable. Not an FPPC Filer.
( ) FPPCJiler
( ) Category No.1. Investments, sources of in~ome and business interests.
( ) Category No.2, 1nterests in real property,
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) Category No.3. Investments, business positions, interests in real propeny, .and
sources of income subject to the regulatory, pem1it or licensing authority of the
department administering this Agreement.
( ) Category No.4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real prope11y.
( ) Category No.5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
i 5. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
17. Bill Processing .
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other: .
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B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X)End of the Month
( ) Other:
C. City's Account Number:
2209142261
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding otherprovisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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1. Bill Processing:
2.
r..
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