HomeMy WebLinkAboutReso 146-1982RESOLUTION NO. 146-82
CITY ~'OUNCIL, .CITY OF SOUTH .SAN FRANCISCO, .STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF
A CONTRACT.-. FOR PROFESSIONAL SERVICES
FOR THE GATEWAY REDEVELOPMENT PROJECT
WITH BURNS CONSULTING SERVICES
BE IT RESOLVED by the City Council of the City of South San Francisco
that:
1. Execution of Contract. .
Execution of a Contract for. Professional Services between.-Burns
Consulting Services, a Division of Burns International Security Services,
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I~c., and th_, City of South San ,:ranc'~sco is hereby authorized, and 'a'copy
of said'Contract is' attached hereto as Exhibit "A."
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The City Maria§er.is authorized to execute said Contract 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 17th day of November , 19~82'', by
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the following vote:
AYES:
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Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulo~; and Roberta Cerri iTeglia
Nome
ABSENT: None
EXHIBIT "A"'TO.RESOLUTION NO. ~14'6~82 .'ADOPTED '11/17/82
coNTRACT FOR'PROFESSIONA~ :SERVICES
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Agreement made S~ptember 30, 1982, between Burns Consulting Services, a Division
of Burns InternatiOnal .Security Services~ Inc., 320.01d BriarclilF'f Road, Briarcliff
r,lanor, New .York, 10510, State of New'York and the Ci.ty of South San Francisco,
California, 94080. .
The parties of this Agreement', in consideration of the mutual covenants and s~pu-
laitons set out herein, agree aS follows;.
SECT~ION 1 - SCOPE' OF SERV ICES:
Burns Consulting Services agrees to proVide security consulting services to the
City of South San Francisco through the City's Police Departn~ent for the Gateway
Redevelopment Project. There Cs precedent for these arrangements, as Burns has
supported the' City by reviewing the ~ecurity aspects'of dra~vingS and spec(fications,
submitted by Homart Development for Buildi.ngs A and B, to ascertain 6ompli~nce ~ith
the City's specifications. This contract provides for continuation of these
services in the form of a Basic Order Agreement. SI~ecific projects will be
authorized under the terms of this Agreement in supplemental Task Orders pertaining
to individual buildi.ngs within the 'Gateway Redevelopment Project.
The Scope of services to be perfor, med ~ncludes-
1. Revie~ drawings and specifications submitted by ttomart to ~sceytain compliance
with Security Plan elements and miscellaneous requirements {relating mostly to
traffic flow and control} of the City of South San Francisco; ~rovide ~,:ritten
commen'ts; meet with City.Staff and the Developer to review and resolve.- Scope
is defined as all per. tinent drawings and specification Sections, .
2. Review Contractor's data sheets, shop drawing~ and proposed, alternatives or
substitutions, for compli6nce with Security Plan elements and miscellaneous
requirements. Provide'written comments, meet with City Staff and the Developer
to review and resolve. 'Scope is defined as all pertinent shop dra~ings and
data sheets for alternatives or substitutions.
3. Provide on-site inspection and testi.ng as applicable for the. installation of · and give approval for-
a) Lighting systems for parking lots, access roads anc~ path',tays;
b) Key card access systems for Buildings includi.ng compu'~er based;
c) Interc..om system bJtween delivery points and the Security Control
Center..;
d} Previirin~ between Buildings for the optional tenant alarm systems;
e) Security Control Center alarm annunication system and CClV system
including cameras, infra-red augmentation and monitors;
f) Emergency power installation·
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Provide written documentation of inspecti'o"ns, teSting and approvals,'meet
with City Staff a~d Developer as required:~. '- .
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4, Other security consulti.ng services as may be required by the City and
eventually agreed upon in a specific Task Order.-
All required meetings and. inspections to be attended by Burns Consultants will
usually require at least one (1~ week advance notice, _'_'
Burns disclaims any liability with respect to adequacy and'accuracy of specifi'ca-
tions, plans, drawings and a.ny writings ~rovided to Burns by the City of South
San, Francisco for use as the basis for comparisons,
SECTION 2 - FEES, EXPENSES AND PAYMENT'
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Fees .for these professional services will be 'at the rate of $60 per hour plus '
reimbursement for reasonable out-of-pocket expenses for travel, mileage and tolls-
within the State of California~ communications,' postage and meals (~here applicable).
Professional time wilt be incurred in two (2) hour blocks.
Burns Consul.tino~ Se-vic~s {th.,~ C~isultant) ~)~all submit monthlY' invoices and anY'
Other documents requested to the City for services performed, and the City shall
render payment within thirty {30) days to Consultant based upon said invoices and
documents, conti.ngent upon approval by the City for the performance of the work.
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The $60 per hour rate will be valid for one year and adjusted effective October' 1,
1983, for changes in the cost of living as reflected in the Consumer Price Index
for Urban t,!a§e Earners and Clerical Workers, San Francisco-Oakland, published by.
the Bureau of. Labor Statistics, -
SECTION 3 - CITY"FURNISHED MATERIAL:
The City agrees to make available to the Consultant all dra.w~.ngs, sPecif(cations
and other documents pertaining to the project.
SECTION 4 - OWNERSHIP OF'DOCUMENTS'
The City shall have full and complete access to the Consultant's calculations,
drawin§s, specifications and other documents during progress of the work All .
such documents prepared b~ the Consultant shall become the property of t~e Cit~.
The Consultan~may retain a copy of all mater(al produced under'this .Agreement
for its use in; its general business activities.
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SECTION 5 - INSURANCE'
m,~ Consultant agrees to provide and maintain the following insurance Outing
--- the duration of the project'
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1. Workers~ Compen~ation ~s required b.y laW.
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2. Comprehensive General Liability Insurance ~.fith 'limits not. less than
$i00,000 each occurrence." Such policy shall include contractual
liabi, lity and completed operations cover, age.'
3. Comprehensive Automobile Liability Insurance, ~:lhich limits not.less -
than $300,000 each occurrence and S'50,000 property damag6 liability
~or each occurrence, . -
4. Errors and omissions cover, age with limits not less than $100,000 for
any ose claim. .
As a provision of the Comprehensive General Liability Insurance and the Comprehen-
sive Automobile Liability Insurance, the Cover. age shall (n~lude, as add(t(onal
insureds of the policies, the City of South San Francisco~ its elective/appoint/ye
boards, officers, .agents and employees'with respect to work performed by the
Consul rant.
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In addition, the following endorsement shall be made on the pol.icy of insurance:
"~otwithstandi.ng any other provisions in this-polic~,
.'this insurance afforded hereunder to the City of
South San Francisco shall be primary, as to any other '.
insurance or reinsurance covering or avai. lable 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
exhaust6d"
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As-evidence Of said coverage, the Consultant shall forward Certificate of Insurance,
upon request', ~thich shall include a provision.for a cancellation notice of not less
than thirty (30) days, directed to the City. Further, the Consultant shall, upon
request, submit for inspection of any such insurance policies to the City.
A Certificate of Insurance accompanies this and is incorporated as part of this
conti~act.
SECTIO~,~ 6 - RESPONSIBILiTy, INDEMNIFICATION'
Within the insurance limit~ as outlined above, Consultaht sh.all indemnify, .save
harmless, and ~t the City's request, defend the City, its employees~ agents, anc~
representative~, from and against all claims', .demands, actions, causes for action,
losses, damages', liabilities, cost and expenses including reasonable attorney's
fees or obligations, for Or in connection with injury or dam. age to any person or
p)'operty which arises out of or is in any way connected with the negligent act,
error or omisson of Consultant and its agents, subcontractors, or employees as
_ a result of Consultant's rendition of services under this Agreement with the
exception of any action caused by the acts of the City.
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· lhe City acknowledges that Bur'ns is not an insurer, the amounts payable to Burns
under this Agreement are based upon the value of the services rendered and are
..... unrelated, to the value of the City:s..property or.the property of-others located'
in or about the City' s ' premi ses.
The services'provided under this'.Agreement· are solely .for the. benefit of the City
and neither this .AgreemeNt nor any services rendered hereunder shall §ire rise_to,
or shall, be deemed to or construed so as to confer any r.i§hts on any other party
as a third party beneficiary, or otherwise'. --
SECTION ? - USE OF'SUBCONTRACTORS:
Consultant shall be solely responsible for reimbursing any subcontractors an~ the
City shall have no obligation to them.
SECTION 8 - ASSIGNMENT:
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Consultant shall not assign any of its right nor transfer any of its obl.i§at~ons under
~'~is Agreement. w~tho~t i~e ~r~o~ ~,~ri~te~ consen~ of the City, why'ich consent shal'i not
be unreasonably withheld or delayed.
SECTION 9 - ADDITIONAL'SERVICES'
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Consultant may perform Additional Services, other than those stipulated in this
contract,' if requested by the City. Consultant shall not proceed with performance
of such services without written Notice to Proceed. Compensation for any such
Additional Services shall 'be as agreed by both~ par, ties to this Agreement. ,
SECTION 10 -~TERMINATION-
The City may terminate this Agreement upon ten (10) days written notice to the
Consultant in the event of s'ubstantial failure by the Consultant to perform in
accordance with the terms of the Agreement through no fault of the City, or may
terminate this Agreement upon thirty (30) days written notice to the Consultant.
In the event of termination, the Consultant shall deliver to the City all work
products completed to date, and shall 'be paid by the City for all services per-
formed to da{e in accordance with terms of the Agreement.
Burns reserves the right tO'terminate this Agreement immediately upon default
the City in t~e payment of any monies due hereunder, or if at any time duri.n9 the
term 'of this A~reement there shall be filed by or against the City in any court
pursuant to any statute either of the United States, or of any state, territory
or possession, a partition in bankruptcy or insolvency or for reqr§anizat~on or
for the appointment of a receiver to receive all or a portion of the City's
property; or if the City makes an assignment for the benefit of creditors.
SECTION 11 - BASIC ORDER'AGREEMENT'
~his Basic Order Agreement contains the entire Agree. me. nt of the parties, an4 no
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:Statement, promises or inducements made by either party or.agent of either party
that is not contained in thcs instrument or'the accompanyi.ng lask 'Ordei,-s'shall· be
valid or bindi.ng~, and.this contract'may not be enlarged, modified, or aitered'
....... except by.mutual .agreement of both parties and }~rit~.en ~ndorsement.
SECTION 12 -'BENEFICIAL' INTERESTS-
This Agreement shall inure to the benefit Of and be binding upon the ass. ignees and
successors of the respective parties. '
SECTION 13 - PERIOD'OF'CONTRACT:
The terns of this Agreement shall be for two (2) year§ commenci.ng September 30, 1982',
and pertain only to the Gateway Redevelopment Project. A renewal of the terms and
conditions of this Agreement may. be made only ~.~ith the mutual consent of both @arties.
lhe parties 'have executed this Agreement at south San Francisco, California the day
and year first above written.
Authorized By'
Burns International Security
Services, Inc.
C Walter Birkelo'
City Manager
City of South San Francisco
P. O. Box 711
South San Francisco, CA 94080
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. Peter S. Browne
¥ice President
Burns Consul't(.ng Services
320 Old Briarcliff Road
Briarcliff Manor, IqY 10510
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'TASK ORDER A
Pursuant to the Contract for Professional Service's, dated September 30,
between Burns Consulting. Services, a Division of Burns International Security
Services, Inc.~ of Briarcliff I~lanor, New York and the City o.f South San
cisco of Californi'a, Burns will provide the following security, consult~n~ ...
services for the City's Police Department for Buildings A and B of the Gateway
Redeve'l opment Project, '
P~ovide on-site inspect~ion and testi.ng a.s applicable for the' ~nstallation
and give final approval for~ - .
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A, Lighting s. ystems Tot park~.ng lots, access roads ~n~.pathways~
B. Key .card access syStems for BuildJ.ngs, including computer basedl
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C. Intercom system between delivery points and the Security Control Center;
P. Prewiri.ng between Buildi.ngs for the' bptional tenant alarm systems;
E. SeCurity Control Center alarm annunciation syste~ and .CCTV system ~nClud~ng
cameras, infra-red a.ugmentation' and monitors;
F. Emergency power installation.
Provide Written documentation of inspections, testing and approvals, Ineet with
City Staff and Developer as required.
Fees, expenses and paymeht will be in accordance?~i, th Secti. on 2 of the Basic
Order Agreement.
-The parties have executed this Task Order A at South San Fr~nciscQ, California
on September 30, 1982.
Authorized by:
C. Walte6 Birkelo
City Nanager
City of South San Francisco
'P. O. Box 711
South San Francisco, CA 94080
Burns International Security
Services, Inc. .
Joseph A. Plal I ey
Burns ConSulting Services
320 Old Briarcliff Road
Briarcliff Manor, NY 10510
CERTIFICATE.OF I JISLR~E
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Issued By National. I/nion In,ur=ncc Co=panies
r~gR?lS INTF~NATI~IAL SECURITY SERVICES, INC.''~1
N~.n. ed And Its Subsidiary Co..npanie.~
insured 320 O1 d Briarcl iff' Road .
Briarcliff Manor, NY 10510
Add res.
are in force at the dace hereoE, as. follows:
. KINI.) OF INSURANCE
:
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~OR~ER' S COLqP.
· E.~L°LOYER'S LIABILITY
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CCL~IPREHEN$1 YE 6~ERAL.~..
LIABILITY Including:
: 'Comprehensive Fot'.a'
j- Premi. ses-Operat tons
-£xplosion aha Collapse
! f'azLrd
j -Ungergrotma Hazard
{ -Product s/Completed
! O~erations Hazazd
:-Contractual Insurance
I -Broad Fora Property
J -Independent Contractors
' -Person~l !n~u~
CO.~IPREHEN5 I~ AUTO-
.~:OBI LE LIABILITY ,
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POLICY
KcgsogsO6RA
POLICY
PERIOD
£.[E. ~!!4/82
· Exp, #/14/85
GLAg4565RRRA
Exp..
THIS CERTIFICATE.OF INSL,'RA'ICE
tEIll-'2R AFFIRMATIVELY NOR
NEGATIVELY A~:5~I)S, EXT':DS OR
ALTERS ~ COVERAGE AE'.FORDED '
BY ANY POLICY DESCRIBED ~-hTREIN.
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LR-$ITS OF LIABILITY
W.C. - Statutory
E.L. - $100,000
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$1.000.000 Combined Single
Limit
Coverages apply ireD all locations where the Named Insured is verforain[ services for
the hol~.-r of this certificate.
Co=prehensive General Liability Policy includes Personal Injury Coverage (False Arrest, '
D=tent ion or Impri~omnent, Hal icious Prosecution, Libel, Slander, Def~aation, or
violation of Right of Privacy]. '
Comprehensive General Mabilit7 Policy in~luies Legal Liability Coverage for tis~o:es:
ac:~ o~ Insurers em?loyees.
'Non-~ned ~ Bired Car Coverages are In cxcess o~ ~y insuta~ce in efiect for ve~tcles
o~ned or leased by clients and us~ by ~urns. its agents, sedan:s, an~ ~loyees.
In th~ eveat o~ cancellation of said policies or a reduction in the liuits oE liability,
the compan~will give 30 days written notice to the party to whom this certificate
issued, but failure to give such notice shall i=pose no oblitation or liability ~on [ .
the company. ' [ '.
*Aadltional Insured~~C~ty of South San~'rancisco, its~lective/appointive
boards, ~f/icers, agents and employees with respect to work performed on
Basic' Oraer Agreement and resulting Task Orders.
"Notwithstanding any o~er provisions in this policy, this insurance afforded
hereunder to t~e City of Sou~ San Francisco ,hail be primary as to any other
insurance or reinsurance covering or available to the City of South San Francisco,
and suck other insurance or reinsurance shall not be req~red to contribute to
any liability or loss ~til and unless the approximate limit of liability hereunder
is exhausted."
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and
Address
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City of South San Francisco
400 Grand Avenue
P. O. Box 711
South San Francisco, CA 9408.0]
** Errors and omimsions included. -
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BAi4544R6RA ! Elf. 8/14/82 $1,O00.OOO Combined Single
Exp. 8/14/83 ; Limit