HomeMy WebLinkAbout1989-07-18; City Council; 10151; Agreement for South Carlsbad LibraryCIT”QF CARLSBAD - AGENDPBILL ‘II ’
AB# /d, bv T,T&: APPROVAL OF LIBRARY BUILDING
MTG.7/18/89 CONSULTANT AGREEMENT FOR THE
DEPT. MP SOUTH CARLSBAD LIBRARY PROJECT
RECOMMENDED ACTION:
Adopt Resolution No. F-+ 46 0 approving a library building consultant agreement with Mr. D vid R. Smith, Consulting Librarian, for the preparation of the South Carlsbad Library Building Program.
ITEM EXPLANATION:
In the.1989-90 Capital Improvement Program Budget, funds have been appropriated to begin work on the programming and design of the new South Carlsbad Library Project. The Council recently approved a purchase agreement to acquire a six (6) acre site along the western extension of Dove Lane, west of El Camino Real.
On March .24, 1989, Requests for Building Program Proposals were mailed to thirteen (13) library building consultants and other firms specializing in library building programming. On May 11, 1989, a Library Building Program Committee consisting of the following members, ,met and reviewed the submitted materials of eight (8) firms formally responding to the proposal request. The Selection Committee consisted of the following members:
Dr. Clifford Lange, Director, Carlsbad City Library Geoff Armour, Assistant Director, Carlsbad City Library Anna Knox, President, Friends of the Library Seena Trigas, Member, Carlsbad City Library Board of Trustees Frank Mannen, Assistant City Manager John Cahill, Municipal Projects Manager Kenneth Quon, Project Manager
The Committee selected three (3) firms as finalists for the library building program portion of the project. The final three (3) firms were required to submit a detailed project proposal and prepare a building program presentation for an interview session before the Selection Committee.
The three (3) finalists identified by the Selection Committee were:
David R. Smith, Consulting Librarian Hopkins, Minnesota
HBW Associates, Incorporated Dallas, Texas
Raymond M. Holt and Associates De1 Mar, California
On July 12, 1989, the Selection Committee convened at the Public Safety and Service Center and interviewed the final three (3) firms. Following these interviews, Mr. David R. Smith, Consulting
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Librarian, was selected as the firm to be recommended to the City Council for the preparation of the South Carlsbad Library's Building Program.
The attached consultant agreement identifies a detailed scope of work for the preparation of a Library Building Program accomplishing the following:
- An assessment, evaluation, and recommendation of library space needs.
- Preparation of a detailed Library Building Program for both the new South Carlsbad Library and an expanded existing library facility on Elm Avenue.
- Consultation and review through the schematic design, design development, and working drawings for the new South Carlsbad Library.
- Preparation of a detailed staffing plan and projected facility operating cost analysis.
- Preparation of an automation and new technology planning program.
The consultant will work closely with City staff, members of the Library Board of Trustees, library patrons, community groups and others in the preparation of the detailed Library Building Program. The agreement identifies a milestone schedule of important tasks to be accomplished resulting in a completed library building program document within six (6) months. During this period of time, the consultant will assist the City in the selection process of a design architect team to prepare the formal construction plans and specifications for the project.
Selection of a architectural design team is anticipated to occur in late 1989 with completion of the construction drawings in the Fall of 1990.
Staff recommends approval of the attached Library Building Program Consultant Agreement.
FISCAL IMPACT:
Of the $2,682,000 of Public Facilities Fee Funds in the current Capital Improvement Program Budget (project account number 320-820- 1810-3244) previously appropriated for this project, $650,000 were allocated for the programming and design of the South Carlsbad Library Project. The scope of work for this library programming also includes the future expansion of the existing Elm Avenue library facility.
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Page 3 of Agenda Bill No. /fLv
The consultant agreement identifies a negotiated not-to-exceed cost of $40,000 to accomplish the five (5) phase Library Building Program project by the consultant.
EXHIBITS:
1. Resolution No . approving a Library Building Program Consultant Agreemen for the new South Carlsbad Library Facility.
2. Consultant Agreement.
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RESOLUTION NO. 89-254
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN LIBRARY BUILDING CONSULTANT AGREEMENT FOR THE NEW SOUTH CARLSBAD LIBRARY BUILDING PROJECT
WHEREAS, the City of Carlsbad has solicited proposals for the
programming required for the new South Carlsbad Library and an
expanded existing Elm Avenue library facility; and
WHEREAS, all prospective firms were required to submit
detailed qualifications statements and support information: and
WHEREAS, the recommended firm possesses the necessary skills,
background, and expertise to accomplish the project; and
WHEREAS, the City Council of the City of Carlsbad has
previously appropriated funds for said project: and
WHEREAS, the City Council of the City of Carlsbad hereby finds
it necessary, desireable and in the public interest to proceed with
the programming of the South Carlsbad Library Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That a consultant agreement with Mr. David R. Smith,
Consulting Librarian, is hereby approved and the Mayor and City
1 Clerk are hereby authorized and directed to execute said agreement
on behalf of the City of Carlsbad.
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3. That following the Mayor's signature of the agreement,
the City Clerk is authorized and directed to forward one (1)
completely executed copy of the agreement to Mr. David R. Smith,
Consulting Librarian, 130 Holly Road, Hopkins, Minnesota 55343 and
photo copies to the Municipal Projects Department and Carlsbad
Library Director.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 18th day of July , 1989, by
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
ALETHA L.
(Seal)
AGREEMENT FOR LIBRARY BUILDING CONSULTING SERVICES
SOUTH CARLSBAD CITY LIBRARY
THIS AGREEMENT, made and entered into as of the 18th day of
July, 1989, by and between the CITY OF CARLSBAD, hereinafter
referred to as "City," and David R. Smith, Consulting Librarian,
hereinafter referred to as "Consultant."
RECITALS
City requires the services of a library building consultant
to provide the necessary services for the South Carlsbad City
Library: and
Consultant possesses the necessary skills, experience,
expertise, financial capabilities and qualifications to provide
the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and Consultant agree as
follows:
1. CONSULTANT'S OBLIGATIONS
Consultant shall provide
project:
the following services related to the
A. PHASE I: ASSESSMENT AND EVALUATION NEEDS OF LIBRARY SPACE
In the initial stages of this phase, the consulting librarian
gathers, with the assistance and input of the library, all relevant
documentation which will influence planning for library facilities
and identify local resource persons whose input is desired. The
necessary community input and process would be determined. At this
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. time, if there is information of a unique nature which must be
gathered on a sample basis by the library staff, preparations to
do so will be made.
The existing Strategic Plan will be reviewed and revised, if
necessary, to meet current mission, roles and objectives with the
full participation of the library board and staff.
The essential part of this phase is the examination by the
Library of the conclusions and recommendations of the consulting
librarian and evaluating the alternatives. The decisions
forthcoming from the library board will establish the elements and
content of the specific building program to be written.
Task 1.1 Read and review all relevant reports and
studies. All available materials relevant to the
library's building planning issues will be read, the
information from these reports will be consolidated into
summary documents for final planning decisions.
Task 1.2 Survey of library staff and board. All library
staff members will be asked to complete a short
questionnaire on their perspectives of the library
services offered, present and future, and related
building needs. The consulting librarian will be
responsible for the tabulation and preparation of a
report of this survey.
Task 1.3 Roles and Mission Statement - Review the roles
and mission of the Carlsbad Public Library. Discussions
will be held with the library board and staff.
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Task 1.4 Interviews and appropriate library and local
resource persons. Based on a resource person list
established with the input of the Library, the consulting
librarian will conduct interviews. Staff departments in
the library will meet in llfocus group" discussions
regarding their particular area of responsibility and
service within the library. Community input through
community meetings as well as other means will be sought
if necessary.
Task 1.5 Observation of present library operations and
inspections of the existing library building.
1. Conduct visual observations of work patterns,
traffic flow, patron use, and operational
procedures within the library.
2. Conduct a detailed physical assessment of the
building identifying the functional strengths
and weaknesses as a basis from which to plan
for both a new and an expanded facility.
Task 1.6 Prepare an assessment of library space needs
for both buildings.
Recommendations forstrengtheningthe Library's
services.
Carlsbad Public Library service needs - 20 year
projection.
Automation and new technology needs.
Existing and projected gross square foot
requirements.
General public library building requirements.
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Parking and other access requirements.
Locally defined library building criteria.
Projected general building costs.
Efficient staff utilization and other
anticipated operating costs.
Task 1.7 Final review of assessment of library space
needs. The final report will be reviewed with the
library building committee, board, and director.
Task 1.8 Architect Selection Process. Assist the
library director in the development of the architect
selection process and related documents. Participate in
review of architect RFQ's and the final interviews.
B. PHASE II: PREPARATION OF A DETAILED LIBRARY BUILDING PROGRAM
Based on the information gathered and decisions made in Phase
I regarding library space needs, location, and site requirements,
two detailed library building programs will be prepared.
Information sought will reflect the current transition as well as
future growth of library service in the City. Specific information
would be gathered from the appropriate library staff regarding the
requirements of their individual work and library service areas,
and the program document will be reviewed in complete draft and
again in final form with the library director and the library
board.
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Task 2.1 Identify the specific requirements of the new
library and potential library building service area.
Information regarding the program is assembled in
individual unit building block style with the full
participation of the library staff.
Task 2.2 Complete draft for the new library building
program. The consulting librarian develops the complete
library building programs which will include the
following elements:
1.
2.
3.
4.
5.
6.
Proposed building sizes and levels if
necessary.
Local design criteria and any planning
constraints.
Specific space allocations for all shelving
seating, public and staff areas within the
building.
Provide input on the latest and projected
developments in automation technology for
libraries.
Complete narrative description of all service,
staff, and functional requirements.
Make recommendations for heating, air
conditioning, lighting, plumbing, and other
physical amenities.
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7.
8.
9.
10.
11.
12.
Complete description of all general
architectural requirements, exterior and
interior planning considerations, including
communications needs and data processing
requirements.
Charts and relationship drawings showing the
required functional relationships, circulation
and traffic pattern within the buildings.
Specific shelving, furniture, and equipment
requirements.
Project budget - estimated costs.
Planning and accommodating media, computer
services, handicapped access, book storage
facilities, internal communications, and
safety.
Staffing requirements and projected costs.
Task 2.3 New Library Building Program Review. Elements
of the Library Building Program will be reviewed by staff
and in total by the library director and library board
to insure that it is accurate and comprehensive in
nature. Any additional portions of the program would
then be added. Project staffing and other operating
costs will be reviewed also.
Task 2.4 Main Library Expansion Program. Modify the
library building program document into a second complete
building program for the expansion and renovation of the
existing main library.
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Task 2.5 Existing Library Building Program Additions and
Revisions. Based on the staff and the library board
review, appropriate additions and revisions would be made
to the program putting it into its final form.
Task 2.6 Final Existing Library Building Program Review.
The consulting librarian would review the final library
building program with the library director, staff, and
library board.
C. PHASE III: CONSULTATION THROUGH SCHEMATIC DESIGN, DESIGN
DEVELOPMENT, AND WORKING DRAWINGS AND SPECIFICATIONS OF THE
NEW BUILDING.
This is one of the most important parts of new library
building planning in that there is a shift from the verbal
description of the library building to be designed, to graphic
design and layout of furniture and equipment in both schematic and
developed drawings. It is important that the drawings developed
are constantly evaluated against the specific requirements of the
program. Failure to do so will result in less than satisfactory
final design. It is important that both the functional
requirements of the library and the architectural requirements are
kept in harmony and balance.
Task 3.1 To conduct a program review meeting with the
architect and library representatives. This insures that
the architect fully understands the requirements of the
program and provides a basis for the design to begin.
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Task 3.2 Review of all schematic designs and
participation in appropriate major design discussion
meetings.
Task 3.3 Review and critique of design development
drawings. To include:
General access, layout, and traffic flow
Building levels and elevation
Floor plans
Preliminary layout of furnishings
Public services desk
Project budget and cost estimates (an ongoing
activity)
Selection and layout of interior furnishings
and equipment
Task 3.4 Final review and a critique of design
development drawings and interior layouts. All elements
of the building design completed under design development
would be critically reviewed to determine compliance with
the written building program.
Task 3.5 Review of final bid documents, both drawings
and specifications, to insure that very specific parts
of the building are satisfactorily addressed. This would
include functional requirements for electrical,
communications, and computer provisions as well as
lighting and acoustic considerations. The consultant
would provide full consultation to the library, project
architect, interior designers in the completion of the
final working drawings, specifications and floor plans
and related plans and specifications for furnishings, all
in compliance with the building program.
D. PHASE IV: STAFFING PLAN AND PROJECTED OPERATING COSTS
Task 4.0 Consultant shall provide a future staffing plan
and projected operating costs in the expanded, new
facility based upon a work plan established by the
Consultant and the City. Consultant shall provide
whatever support services and other technical
requirements as may be necessary to accomplish the
staffing plan and operating cost projections.
E. PHASE V: AUTOMATION AND NEW TECHNOLOGY PLANNING PROGRAM
Task 5.0 Consultant shall provide an automation and new
technology planning program based upon a work plan
established by the Consultant and City. This program
shall include detailed discussion and technical report
regarding the current and future development of library
automation except for circulation and public access
catalogs and related service technologies. Consultant
shall provide whatever support services and other
technical requirements as may be necessary to accomplish
the automation and technology planning program.
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F. Consultant shall maintain automobile, bodily injury, and
property damage general liability insurance covering owned,
non-owned, rented and hired automobiles and other vehicles,
the combined single limit for bodily injury and property
damage shall not be less than $300,000.
2. CITY OBLIGATIONS
Under the general direction of the Municipal Projects
Department and subject to the provisions of Section 12 of this
agreement, the City shall:
A. Set the specific tasks and responsibilities to be
accomplished by the Consultant in accordance with the
provisions of this agreement, using its best efforts to
consider the needs and the schedule of Consultant.
B. Make available to Consultant all records, reports,
correspondence, surveys, and any other documents deemed
necessary by Consultant to properly perform the services
reguired by the City.
C. Coordinate and otherwise be responsible, with input from
the Consultant, for the establishment of the schedule and
other necessary arrangements for the onsite visits,
interviews and meetings.
3. PROGRESS AND COMPLETION
The work under this contract will begin immediately after
receipt of notification to proceed by the City and be completed no
later than six (6) consecutive calendar months thereafter. Work
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required under Phase III of this agreement shall be completed based
upon a mutually determined schedule established by the City, the
Consultant, and the project architect. The following project
milestones are hereby established and shall be accomplished by the
Consultant:
July 21, 1989 Project officially begins.
Review of available information
First visit complete
September 15, 1989 Library space needs assessment complete - both buildings
Additional information gathering
October 13, 1989
Second visit complete
Review of Complete preliminary draft of the South Carlsbad Library program
Initiation of the architect selection process
Outline main library building expansion program
Third visit complete
November 10, 1989 Final South Carlsbad Library Building Program complete and reviewed
Library architects RFQ's reviewed and short list selected
Preliminary draft of the main library expansion program complete
Fourth visit complete
December 15, 1989 Review of preliminary draft for main library expansion program
Architect interviews complete
Fifth visit complete
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January 12, 1990 Final main library building expansion programcompletedandpresented for review
Initial program meeting with architects
Sixth visit complete
Extensions of time may be granted if requested by the
Consultant and agreed to in writing by the City. In consideration
of such requests, the City will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by
a lack of foresight on the part of the Consultant, or delays caused
by City inaction or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
Fees to be paid to the Consultant shall be in accordance with
the following:
PHASES I & II:
Consulting Librarian time: 35 days at $600 per day
totalling $21,000, which includes six (6) trips of three
(3) days duration each:
Trip 1 - 3 days. Library Space Needs Assessment/ Initial Generic Building Program Information
Trip 2 - 3 days. Review of Library Needs Assessment/ Development of the Preliminary South Carlsbad Library Building Program.
Trip 3 - 3 days. Review of South Carlsbad Library Program in draft form. Establish Architect Selection Process.
Trip 4 - 3 days. Final South Carlsbad Building Program Document Review/ Outline Program Main Library Building Expansion/Review of Architects RFQ's.
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Trip 5 - 3
Trip 6 - 3
Travel expenses for Phases I & II shall include the following:
days. Preliminary Main Library Building Program Draft - Architect Interviews.
days. Final Main Library Building Program Review - Initial Program Meeting Architects.
Airfare - Minneapolis - Carlsbad Average $600 x 6 = $3,600 Ground Transportation and Parking 900 Per diem - $85 per day x 18 = 1,530 Total Travel Expenses for Phases I & II $6,030
Office Expenses for Phases I & II shall include the following:
Word processing, technical assistance, communications
duplication, plus a 10% overhead totalling $2,400.
Total estimated costs for Phases I t II: $29,430, and shall not exceed $30,000.
PHASE III:
Consulting Librarian time: totalling $3,600 which includes Carlsbad:
six (6) days at $600 per day the following three (3) trips to
Trip 1 - Initial Schematic Design Review
Trip 2 - Schematic Design Review
Trip 3 - Design Development and Layout Review
Travel expenses for Phase III:
Three trips to Carlsbad and return at $600 each: $1,800
Three days per diem at $85 each: 255
Total Travel Expenses for Phase III: $2,055
Additional trips required by the library would be billed at actual time and expense.
Office expenses for Phase III:
Word processing, postage, communications, plus a 10% administrative overhead totalling: $ 150
Total estimated cost of Phase III: $5,805
Total cost of Phase III shall not exceed $6,500.
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Phase IV, as described herein, shall be accomplished at a cost not to exceed $1,400.
PHASE V:
Phase V, as described herein, shall be accomplished at a cost not to exceed $2,000.
TOTAL PROJECT COMPENSATION:
Total compensation for Phases I through V shall be
accomplished at a cost not to exceed $40,000.
No other compensation for services will be allowed except
those items covered by supplemental agreements per Paragraph 6,
"Changes in Work." The hourly rates for the duration of the work
to be performed for said project shall be.as follows:
Time:
David R. Smith $75.00 per hour, $600 per day
Associate Consultants $ 25 - $65 per hour $200 - $520 per day
All travel time and on-site meetings and other activities requiring eight (8) to ten (10) daily hours will be billed at the,stated daily rate.
Daily hours in excess of ten (10) will be billed as additional time at the hourly rate.
Expenses:
Travel:
Airfare: Billed at actual cost
Rental Car: Billed at actual cost
Mileage on own vehicle: $0.25 per mile
Parking: Billed at actual cost
Hotel: Billed at actual cost. General range from $35 to $65 per night.
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Per diem meals/ incidental expenses: Full day: $30
Partial day: Less individual meals.
Breakfast: $ 6.00 Lunch: 8.00 Dinner: 14.00
Office:
Word Processing/Secretarial/ Clerical: $15 - $20 per hour
Copies: Billed at $0.5 - $0.10 depending on quantity
Telephone, Postage/ Delivery services/all other expenses: Billed at actual cost.
5. PAYMENT OF FEES
Payment of fees shall be made by City to Consultant upon
receipt and approval of monthly invoices. Payment of fees for all
time and expenses for Phases I and II shall be as follows:
Upon completion of initial site visit: $5,000
Upon completion of the South Carlsbad Library
Building Program, in draft form and the third
site visit: $5,000
Upon completion of the final South Carlsbad
Library Building Program and the fourth site
visit: $7,500
Upon completion of the preliminary existing
Main Library Building Program, Architect
interviews, and the fifth site visit: $7,500
Upon completion of the final existing Main
Library Building Program and the sixth site
visit: $5,000
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Payment of fees for Phases III, IV and V shall be made by City
to Consultant based upon actual time and expense as identified in
paragraph 4 of this agreement.
6. CHANGES IN WORK
If, in the course of this contract, changes seem merited by
the Consultant or the City, and informal consultations with the
other party indicate that a change in the conditions of the
contract is warranted, the Consultant or the City may request a
change in contract. Such changes shall be processed by the City
in the following manner: A letter outlining the required changes
shall be forwarded to the City by Consultant to inform them of the
proposed changes along with a statement of estimated changes in
charges or time schedule. After reaching mutual agreement on the
proposal; a supplemental agreement shall be prepared by the City
and approved by the City Council. Such supplemental agreement
shall not render ineffective or invalidate unaffected portions of
the agreement. Changes requiring immediate action by the
Consultant or City shall be ordered by the City who will inform a
principal of the Consultant's firm of the necessity of such action
and follow up with a supplemental agreement covering such work.
7. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide employee
working for the Consultant, to solicit or secure this agreement,
and that Consultant has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission,
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percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this
agreement. For breach or violation of this warranty, the City
shall have the right to annul this agreement without liability, or,
in its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
8. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
9. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute,
deliver, or perform the work as provided for in this contract, the
City may terminate this contract for nonperformance by notifying
the Consultant by certified mail of the termination of the
contract, The Consultant, thereupon, has five (5) working days to
deliver said documents owned by the City and all work in progress
to the City. The City shall make a determination of fact based
upon the documents delivered to City of the percentage of work
which the Consultant has performed which is usable and of worth to
the City in having the contract completed. Based upon that finding
as reported to the City, it shall determine the final payment of
the contract.
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10. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedure shall be used to
resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating
under the provisions of this contract, shall be reduced to writing
by the principal of the Consultant or the City. A copy of such
documented dispute shall be forwarded to both parties involved
along with recommended methods of resolution which would be of
benefit to both parties. The City or principal receiving the
letter shall reply to the letter along with a recommended method
of resolution within ten (10) days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter
outlining the dispute shall be forwarded to the City for their
resolution through the Office of the City Manager. The City may
then opt to consider the directed solution to the problem. In such
cases, the action of the City shall be binding upon the parties
involved, although nothing in this procedure shall prohibit the
parties seeking remedies available to them at law.
11. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services for
the Carlsbad City Library Building Program, and any payments made
to Consultant are compensation solely for such services.
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12. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon
tendering thirty (30) days written notice to the other party. In
the event of such suspension or termination, upon request of the
City, the Consultant shall assemble the work product and put same
in order for proper filing and closing and deliver said product to
City. In the event of termination, the Consultant shall be paid
for work performed to the termination date; however, the total
shall not exceed the guaranteed total maximum. The City shall make
the final determination as to the portions of tasks completed and
the compensation to be made. Compensation to be made in compliance
with the Code of Federal Regulations.
13. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein
in Consultant's own way as an independent Contractor and in pursuit
of Consultant's independent calling, and not as an employee of the
City. Consultant shall be under control of the City only as to the
result to be accomplished and the personnel assigned to 'the
project, but shall consult with the City.
The Consultant is an independent contractor of the City. The
payment made to the Consultant pursuant to this contract shall be
the full and complete compensation to which the Consultant is
entitled. The City shall not make any Federal or State tax
withholdings on behalf of the Consultant. The City shall not be
required to pay any workers' compensation insurance on behalf of
the Consultant. The Consultant agrees to indemnify the City for
any tax, retirement contribution, social security, overtime
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payment, or workers' compensation payment which the City may be
required to make on behalf of the Consultant or any employee of
the Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the
Immigration Reform and Control Act of 1986 and shall comply with
those requirements, including, but not limited to, verifying the
eligibility for employment of all agents, employees, subcontractors
and consultants that are included in this agreement.
14. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and
specifications as herein required are the property of the City,
whether the work for which they are made to be executed or not.
In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered
forthwith to the City. Consultant shall have the right to make one
(1) copy of the reports or other data for his/her records.
Consultant shall have the right to use project reports, data,
studies, and any other product related to this project for business
development purposes.
15. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for
any claims, liabilities, penalties, fines, or any damage to goods,
properties, or effects of any person whatever, nor for personal
injuries or death caused by, or claimed to have been caused by, or
resulting from, any intentional or negligent acts, errors or
omission of Consultant or Consultant's agents, employees, or
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representatives. Consultant agrees to defend, indemnify, and save
free and harmless the City and its officers and employees against
any of the foregoing liabilities or claims of any kind and any cost
and expense that is incurred by the City on account of any of the
foregoing liabilities, including liabilities or claims by reason
of alleged defects in any library building program documents
prepared by Consultant solely for this project.
16. RESPONSIBILITY OF CITY'S ARCHITECTURAL AND ENGINEERING BUILDING CONSULTANTS AND STAFF
The library building programs and related plan reviews cover
the library's functional requirements. It is the responsibility
of the architectural and engineering consultants to correctly
translate this information into accurate, sound, and legally
correct design, drawings, plans, and specifications. The
Consultant shall be held harmless from the errors and omissions of
other consultants and City staff.
17. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part
thereof or any monies due thereunder without the prior written
consent of the City.
18. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by the Consultant, Consultant shall
be fully responsible to the City for the acts and omissions of
Consultant's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant is for the
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acts and omissions of persons directly employed by Consultant.
Nothing contained in this contract shall create any contractual
relationship between any subcontractor of Consultant and the City.
The Consultant shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract
applicable to Consultant's work unless specifically noted to the
contrary in the subcontract in question approved in writing by the
City.
19. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on
behalf of the City to negotiate, make, accept, or approve, or take
part in negotiating, making, accepting, or approving of any
architectural, engineering, inspection, construction or material
supply contractor, or any subcontractor in connection with the
construction of the project, shall become directly or indirectly
interested personally in this contract or in any part thereof. No
officer, employee, architect, attorney, engineer, or inspector of
or for the City who is authorized in such capacity and on behalf
of the City to exercise any executive, supervisory, or other
similar functions in connection with the performance of this
contract shall become directly or indirectly interested personally
in this contract or any part thereof.
20. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
or employee of the City, either before, during, or after the
execution of this contract, shall affect or modify any of the terms
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or obligations herein contained nor such verbal agreement or
conversation entitles the Consultant to any additional payment
whatsoever under the terms of this contract.
21. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 15, "Hold Harmless
Agreement," all terms, conditions, and provisions hereof shall
insure to and shall bind each of the parties hereto, and each of
their respective heirs, executors, administrators, successors, and
assigns.
22. EFFECTIVE DATE
This agreement shall be effective on and from the day and year
first above written.
23. CONFLICT OF INTEREST
The. Consultant shall file a Conflict of Interest Statement
with the City Clerk of the City of Carlsbad in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code.
24. INSURANCE
The Consultant shall obtain and maintain a policy of business
liability insurance from an insurance company authorized to be in
business in the State of California, in an insurable amount of not
less than five hundred thousand dollars ($500,000). This insurance
shall be in force during the life of this agreement and shall not
be cancelled without ten (10) days prior notice to the City.
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I
The City shall be named as an additionally insured on this
policy. The Consultant shall furnish a certificate of said
insurance to the City upon execution of this contract.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CLAUDE A. LEWIS
Title
APPROVED AS TO FORM:
Assistant City Attorney City Clerk
Mayor
ATTESTED:
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