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Home My WebLink AboutReso 96-1982 RESOLUTION NO. 96-87 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE FPE GROUP (FIRE PROTECTION ENGINEERING SERVICES - GATEWAY PROJECT ' PHASE I) that- BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement entitled '-'Fire Protection Engineering Services Gateway Project - Phase I" between the City of South San Francisco and the FPE Group is hereby authorized, and a copy of said Agreement is attached hereto as Exhibit "A." 2. Signatures. The City Manager is authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 4th day of Au.qust , 1982, by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addieqo, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teqlia NOES. None ABSENT- None EXHIBIT "A" TO RESOLUTION NO. 96=82 'adopted 8/4/82 FIRE PROTECTION ENGINEERINR. SERVICES GATEWAY PROJECT - PHASE I · . lhis Agreement, entered into on .... , is by and · ~t~.~en the City 'of South San Francisco (hereinafter called CITY), and the' ;PE GrouP, (hereinafter ~all~d' CONSULTANT). The partie~ to this Agreement, in consideration of the mdtual covenants 'and stipulations set out herein, agree as foll'ows:. . SECTION 1. GENERAL: This Agreement pertains to services to be provided ferFire Protection Sngineering ServicEs.including on-site ~nspection of the Phase I Gateway Project · in South San Francisco. Phase'I of this project contains two (2) office'structUres; one 12 stories, the other 6 st6ries (approximately 500,000 square feet of total floor space). . SECTION 2. SCOPE OF WORK . . The services the Consultant shall perform, under the auspices of the Fire Chief; include the foliowin.q: ~) Consultant shall ensure and be responsible for Construction compliance . vlith approved working drawings for fire related items, up to and in- cluding approval for issuance of a Cert'i fi cate of Occupancy. b) Consultant shall'perfom on-site field inspections and conduct the testing of fixed fire protection systems. Further, Consultant shall inspect and test the construction as it pertains to fire and panic safety, fire alams, fire detection, smoke control, standby power and portable or unique fire protection equipment or systems, including but not limited to items contained in Exhibit "A" attached hereto and · corPorated herein by this reference. Written documentation of all ( 'inspections and test results shall be submitted to the Fire Chief. &'working file shall be established and maintained by the Consultant. 'consultant shall seek the approval of and consult with Fire Chief in .Jetermining and accepting alternate measures, equipment and hard)~are, ~tc.' as required. Consultant shall Provide, on a continual'basis through written and graphic descriptions, all information pertainin.o to fire prOtectiqn, fixed ~r otherwise, desi.~n features ~'nstal.led. for panic and life safety, and any other emergency equipment or.operational feature, s'to the Fire Department which can be. utilized for developing pre-fire plans and for use during fire ground operations. SECTION 3. TERM OF AGREEMENT: _ . . Consultant shall 'begin work within, seven (7) days follo~ling execution of this · . ~.qreement and upon'written notice' by the City to proceed, lhe term of this Aoree- ment will be for a period of .time noi~ to exceed 'eighteen {18) months or until the Fire Department approves issuance of a Certificate'of Occupancy for Phase I of - +,Be Gateway Project, whichever occurs first. . .SECTION 4' COMPENSATION: In consideration for services rendered during calendar' 3,ear 1982, the City agrees to pay Consultant in acCordance with the following fee schedule: Principal/Engineer., (Conferences, di scuss.i ons., ... and ne. go. tiati OhS) . · $75.00 per hour Senior Engineer (Plan checkin.~, verifyin~ installations and. system testing) $68.00 per hour The h6urly rate'for services rendered in calendar years 1983 and 1984 sh~lt be adjusted to coincide with the Engineer's published ~'ates for the particular year. Provided, however, that if the hourly rate exceeds the previous year's -2- .. '. :~,.'~y more than ten percent {10%), the fee schedule shall be nepotiated. The maximum number of hours chargeable for completion of all services called- ~r ":n this Agreement shall not exceed 500 hours. . . . SECTION 5. METHOD OF'PAYMENT: The Consultant shall submit monthly.invoices and any other documents quested to the City for services performed, and City shall render payment '.;,rit~in thirty {30) daYS to Consultant based upon Said invoices and documents, - contingent upon approval by City for the performance of the work. . SECTION 6. OWNERSHIP'OF DOCUMENTS: The City sh~ll have full.and complete access to the Consultani~'s calculations, ...~rawings, specifications and other documents during progress of the work. All · such documents pr6pared by the Consultant shall become the. property of the City at the completion of the project The ConSultant may retain a copy of all · mater, iai produced under this Agreement for its use in its genera, l business activities, Should'the CiTM desire to use the work compl, e. ted u.nde~ this Agreement. for purposes other than .those in'tended under'this Agreement, the City will notify the Consultant, in writing, prior to any reuse of the'Consultant's documents. o SECTION 7." CITY ' FURNISHED MATERIAL: The City agrees to make available to the Consultant all (Irawings, specii~i- cations and other available documents pertaining to the project. .. SECTION 8, INSURANCE' The Consultant agrees to provide and maintain the following insurance durin~ the duration of the project: 1. Workers' Compensation as required by law. Comprehensive General Liability Insurance with limits not less than $100,000 each occurrence, Such' policy shall include contractual liability and completed operations coverage. Comprehensive Automobile Liability Insurance, which limits not less than $300,000 each occurrence and $50,000 ~operty damage -3- ( liability for each occurrence. ~ 4. 'Professional Liability Insurance, with limits not less than $100,000 fOr any one claim. :As a prOvision of the Comprehensive General Liability InsUrance and the · ~".Jomprehensive Automobile Liability Insurance, the coverage shall include, as · .-~dditi°nal insureds of the policies, City of South San Francisco, its elect.iYe and appointive boards, officers, agents and employees with respect to ~ork per- ~.~ormed ~y ~he Consultant. In addition, the following endorsement shall be made on the pollicyof .. .'insurance' ~otwithstanding any other provisions in this Po'lilcy, thi~ insurance afforded hereunder to the City of South San Fran- cisco shall be primary as to any other insuranc~.6r.r~insur- ance covering or ~vailable to the City of South San Francisco, .and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and. unless the .. approximate limit of liability hereunder is exhausted." As evidence of said coverage the Consultant shall forward Certificates of ...Insurance, upon request, which shall include a"prov!'sion for a cancellation notice of not less than thirty (30} days, directed to 't~e City. Further, the .Consultant shall, upon. request, submit for inspection any such insurance poll- cies to the City. SECTION 9. RESPONSIBILITY; INDEMNIFICATION: - Consultant shall indemnify, save harml6ss, and at City's request, de~end- City, its employees, agents, and representatives from and against all claims, demands, actions, causes of action, losses, damages, Ii'abilities, costs and expenses including reasonable attorney's fees or obligations, for or-in connec- tion with injury or damage to any person or property which arises out of or is in any way connected with the negligent act, error or omission of Consultant -4- ...'.~' its agents: subcontractors, or employees as a result of Consultant's ren- -~io:~ of services under this A§reeme, nt. SECTION 10. USE OF SUBCONTRACTORS: ,. .Unless written approval from City is rece}ved, Consultant shall riot ~ub- · -oqtract any services. COnsultant shall be solely responsible for reimbursing .any subcontractors and the City shall have no obligation to them, SECTION 11. ASSIGNMENT. . ' Consultant shall not assign any of its rights nor transfer any of its obli- ,. ,gations under this Agreement without the prior written consent of- l~he City, SECTION 12. ADDITIONAL SERVICES: · consultani~ may'perform Additional Services, other than those.stipulated in . the attached Exhibit "A", if requested by the City, Consultant shall not proceed with performance of such services Without written ltotice to Proceed. '" ComPensation. for any such Additional Services shall be as agreed to'by both par- ties to 'this Agreement. . .. SECTION 13. TERMINATION. - The City may terminate this Agreement upon ten {10) days written notice-to the Consultant in the event of substantial f~ilure by' the Consultant to perform in accordance with the terms of this Agreement through no fault of the c!.ty., In the event of Termination, the Consultant shall deliver t° i~he City all worlc pr.o- ducts completed to date, and shall be paid by t.he' City4For all 'serv.tces'per'-- - formed to date in accordance with terms of the Agreement. -5- . o -. IN WITNESS WHEREOF, duly authorized representatives of the' C~ty and the. annuitant have signed in confirmation of this Agreement as of the day ~n~ year above written. CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, CA. 94080 By ATTEST: -C i ty C1 erk Accepted: FPE GROUP 649 Mission Street San Francisco, .CA. 94105. --6-