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HomeMy WebLinkAboutReso 127-1983RESOLUTION NO. 127-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR ARCHITECTURAL SERVICES FOR NEW CORPORATION YARD that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement entitled "Agreement for Architecutral Services New Corporation Yard" between the City of South San Francisco and Avanessian/Gumbinger, a joint venture, is hereby authorized, and a copy of said Agreement is attached hereto as Exhibit "A." 2. The Mayor is authorized to execute said Agreement on behalf of the City, and the City Cl. erk 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 21st day of September , 1983, by the follow- i ng vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST cl~y Clerk EXHIBIT A TO RESOLUTION riO. 127-83 AGREEMENT FOR ARCHITECTURAL SERVICES NEW CORPORATION YARD THIS AGREEMENT MADE AND ENTERED INTO 'THIS-29th- DAY OF .... September.. 1983, BY AND BETWEEN THE CITY OF SOUTH SAN FRANCISCO, A MUNICIPAL CORPORA-- TION, HEREINAFTER REFERRED TO AS "CITY" AND AVANESSIAN/GUMBINGER, A JOINT VENTURE, 914 LINDEN AVENUE: SOUTH SAN FRANCISCO, CAi 94080, HEREINAFTER REFERRED TO AS "ARCHITECT". RECITALS WHEREAS, THE DIRECTOR OF PUBLIC SERVICES/CITY ENGINEER OF THE CITY OF SOUTH SAN FRANCISCO DID CAUSE SOLICITATION OF PROPOSALS FROM QUALIFIED PROFESSIONALS FOR CONSULTANT SERVICES TO DEVELOP SPACE REQUIREMENTS AND A PLAN FOR A NEW CITY CORPORATION YARD~ HEREINAFTER REFERRED TO AS "PROJECT", ON THE PRESENTLY UNDEVELOPED SITE LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF SPRUCE AVENUE AND NORTH CANAL STREET, AND WHEREAS, AVANESSIAN/GUMBINGER HAS BEEN SELECTED TO PROVIDE SAID SERVICES AND IS WILLING TO DO SO J .. NOW, THEREFORE, IT IS HEREBY AGREED, THAT' I. TERM OF AGREEMENT. THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE HEREOF AND SHALL REMAIN IN FULL FORCE AND EFFECT TO THE COMPLETION OF THE PROJECT AND ACCEPTANCE BY THE CITY~ APPROXIMATELY A THREE (3) MONTH PERIOD. II. TERMINATION~ EITHER PARTY MAY TERMINATE THIS AGREEMENT UPON THE EXPIRATION OF FIFTEEN (15) DAYS AFTER WRITTEN NOTICE TO THAT EFFECT HAS BEEN GIVEN TO THE OTHER PARTY. IIIJ OWNERSHIP OF DOCUMENTS~ THE CITY SHALL HAVE FULL AND COMPLETE ACCESS TO THE CONSULTANT'S CALCULATIONSj DRAWINGS~ SPECIFICATIONS AND OTHER DOCUMENTS DURING PROGRESS OF THE WORK~ THE CITY ACKNOWLEDGES THAT THE ARCHITECT'S DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF PROFESSIONAL SERVICE; NEVERTHELESSj THE DRAWINGS AND SPECIFICATIONS PREPARED UNDER THIS AGREEMENT SHALL BECOME THE PROPERTY OF THE CITY UPON COMPLETION OF THE WORK. SHOULD THE CITY DESIRE TO USE THE WORK COMPLETED UNDER THIS AGREEMENT FOR PURPOSES OTHER THAN THOSE INTENDED UNDER THIS AGREEMENT, THE CITY WILL HOLD HARMLESS, INDEMNIFY AND DEFEND THE ARCHITECT AGAINST ALL DAMAGES, CLAIMS AND LOSSES, ARISING OUT OF ANY SUCH UNINTENDED REUSE OF THE DRAWINGS AND SPECIFI- CATIONS MADE WITHOUT WRITTEN AUTHORIZATION OF THE ARCHITECT. IV~ ARCHITECT'S DUTIES~ IN CONSIDERATION OF PAYMENT HEREIN PROVIDED, ARCHITECT SHALL SATISFACTORILY PERFORM THE FOLLOWING SERVICES, ALL RELATED TO THE PROJECT: Aj AN ANALYSIS OF SPACE NEEDS BASED ON DISCUSSIONS WITH THE VARIOUS DEPARTMENTS INVOLVED~ Bi A CONCEPTUAL SITE PLAN OF THE SITE WITH THE PROPOSED NEW STRUCTURES, PARKING AREAS, AND OTHER REQUIRED AMENITIES AS DISCUSSED WITH THE VARIOUS DEPARTMENTS INVOLVED AS WELL AS THE DEPARTMENT OF COMMUNITY DEVELOPMENT, ENGINEER DIVISION, BUILDING DIVISION, AND THE POLICE AND FIRE DEPARTMENTS~ ACCESS/EG£ESS~ LANDSCAPED AREAS, LIGHTING, CIRCULATION AND OTHER SIMILAR FEATURES SHOULD BE CLEARLY SHOWN~ C~ A STATEMENT OF PROBABLE PROJECT BUDGET FOR CONSTRUCTION OF THE NEW CORPORATION YARD AND ALL RELATED IMPROVEMENTSJ DJ THE FINAL PRODUCT SHALL BE SUBMITTED COMPLETE WITH THE ABOVE NOTED REQUIRED INFORMATION BOUND IN AN 8-1/2 x 11 INCH BROCHUREj V' CONSIDERATION. IN CONSIDERATION FOR THE PERFORMANCE OF SAID DUTIES A THROUGH D, DESCRIBED IN PARAGRAPH IV.,. CITY SHALL PAY ARCHITECT THE FIXED FEE OF TWELVE THOUSAND DOLLARS ($12,000.00) IN THREE (3) EQUAL INSTALL- MENTS AS FOLLOWS: A'~ THE SUM OF FOUR THOUSAND DOLLARS ($4j000.00) UPON COMPLETION OF SITE ANALYSIS TO THE SATISFACTION OF THE CITY ENGINEER. Bi THE SUM OF FOUR THOUSAND DOLLARS ($4,000.00) UPON COMPLETION OFSCHEMATIC DESIGN TO THE SATISFACTION OF THE CITY ENGINEER~ C'j THE SUM OF FOUR THOUSAND DOLLARS ($4jOOO~OO)..UPON COMPLETION OF THE FINAL BROCHURE TO THE SATISFACTION OF THE CITY ENGINEER. D~ IF ARCHITECT IS REQUESTED BY THE CITY TO PERFORM ADDITIONAL SERVICES IN REVISING PREVIOUSLY APPROVED DRAWINGS OR OTHER DOCUMENTSj NOT INITIATED BY THE ARCHITECT, THE ARCHITECT'S EXTRA CHARGES SHALL BE COMPUTED AT THE FOLLOWING RATES. PRINCIPAL'S TIME AT THE FIXED RATE OF SIXTY FIVE DOLLARS ($65~00) PER HOUR. 2. PROJECT ARCHITECT'S TIME AT FORTY DOLLARS ($40.00) PER HOUR AND DRAFTSMAN'S TIME AT THIRTY DOLLARS ($30J00) PER HOUR. 3. SERVICES OF PROFESSIONAL CONSULTANTS AT A. MULTIPLE OF ONE AND ONE-HALF (1-1/2) TIMES THE AMOUNT BILLED TO ARCHITECT FOR SUCH SERVICES~ NO PROFESSIONAL CONSULTANT SHALL BE HIRED BY THE ARCHITECT UNLESS PRIOR APPROVAL BY THE CITY HAS BEEN OBTAINED. E. ARCHITECT SHALL PAY COST FOR REPRODUCTION OF TWENTY-FIVE (25) FINAL BROCHURES. -2- VI~ TIME. ARCHITECT SHALL PERFORM DUTIES AS EXPEDITIOUSLY AS IS CONSISTENT WITH PROFESSIONAL SKILL AND CARE AS SET FORTH IN SECTION 1~ TERM OF AGREEMENT (APPROXIMATELY THREE (3) MONTHS) VII. ASSIGNMENT. THIS AGREEMENT IS NOT ASSIGNABLE BY EITHER PARTY HERETO AND ANY ATTEMPTS BY EITHER PARTY TO SO ASSIGN THIS AGREEMENT OR ANY RIGHTS, DUTIES OR OBLIGATIONS ARISING HEREUNDER SHALL BE VOID AND OF NO EFFECT. VIII~ CONTRACTOR STATUS~ THE SERVICES TO BE PROVIDED CITY' AS SET FORTH HEREIN, SHALL BE PROVIDED BY ARCHITECT AS AN INDEPENDENT CONTRACTOR' AS DEFINED IN LABOR CODE SECTION 3353~ UNDER THE CONTROL OF THE CITY AS TO THE RESULTS OF THE WORK BUT NOT THE MEANS BY WHICH SUCH RESULT IS ACCOM- PLISHED, AND NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO MAKE ARCHITECT AN AGENT OR EMPLOYEE OF CITY; AND ARCHITECT SHALL BE ENTITLED TO NO OTHER BENEFITS OR COMPENSATION EXCEPT AS HEREIN PROVIDED~ IX~ INSURANCE~ THE ARCHITECT SHALL TAKE OUT AND MAINTAIN DURING THE LIFE OF THIS AGREEMENT THE FOLLOWING POLICIES OF INSURANCE: AZ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE IN THE STATUTORY AMOUNT, AS APPLICABLE~ Bi PUBLIC LIABILITY INSURANCE IN AN AMOUNT OF NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS ($500~000~00) FOR INJURIES INCLUDING, BUT NOT LIMITED TO DEATH TO ANY ONE PERSON AND SUBJECT TO THE SAME LIMIT FOR EACH PERSON~ IN AN AMOUNT NOT LESS THAN ONE MILLION DOLLARS ($1,000,000~00) ON ACCOUNT OF ANY ONE OCCURRENCE~ C~ PROPERTY DAMAGE INSURANCE IN AN AMOUNT NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS ($500,000~00) FOR DAMAGE TO THE PROPERTY OF EACH PERSON ON ACCOUNT OF ANY ONE OCCURRENCE, D~ COMPREHENSIVE GENERAL LIABILITY: CONSULTANT SHALL TAKE OUT AND MAINTAIN DURING THE LIFE OF THIS AGREEMENT AN INSURANCE POLICY IN . THE AMOUNT OF AT LEAST ONE MILLION DOLLARS ($1,000,000 00), INSURING CITY, ITS ELECTIVE AND APPOINTIVE BOARDS, COMMISSIONS, OFFICERS, AGENTS AND EMPLOYEES, AND CONSULTANT AGAINST DAMAGES SUSTAINED BY REASON OF ANY ACTION OR ACTIONS AT LAW OR IN PROVISIONS THEREOF~ OR BY REASON OF ANY CONTRACTUAL LIABILITY, OR ALLEGED CONTRACTUAL LIABILITY ON ANY CONTRACT,. ENTERED INTO BY CONSULTANT AND/OR ANY OF ITS AGENTS OR EMPLOYEES. E. IT IS AGREED THT THE INSURANCE REQUIRED BY SUBSECTIONS B, C AND D SHALL BE EXTENDED TO INCLUDE THE CITY OF SOUTH SAN FRANCISCO, ITS ELECTIVE AND APPOINTIVE BOARDS, OFFICERS, AGENTS AND EMPLOYEES, WITH RESPECT TO OPERATIONS PERFORMED BY THE ARCHITECT, AS DESCRIBED HEREIN, EVIDENCE OF THIS INSURANCE DESCRIBED ABOVE SHALL BE PROVIDED TO CITY UPON -3- EXECUTION OF THiS AGREEMENT AND SHALL BE SUBJECT TO APPROVAL BY THE CITY ATTORNEY AS TO FORM~ AMOUNT AND CARRIER. THE POLICY OF INSURANCE SNALL ALSO CONTAIN A PROVISION INDICATING THAT SUCH INSURANCE SHALL NOT BE RE- DUCED OR CANCELLED EXCEPT UPON THIRTY (30) DAYS WRITTEN NOTICE TO CITY~ IN ADDITION, THE FOLLOWING ENDORSEMENT SHALL BE MADE ON SAID POLICY OF INSURANCE: NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS POLICY THE INSURANCE AFFORDED HEREUNDER TO THE CITY OF SOUTH SAN FRANCISCO SHALL BE PRIMARY AS TO ANY OTHER INSUR- ANCE OR REINSURANCE COVERING OR AVAILABLE 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 APPROXI- MATE LIMIT OF LIABILITY AFFORDED HEREUNDER IS EXHAUSTED. X~ RESPONSIBILITY: INDEMNIFICATION. ARCHITECT SHALL INDEMNIFY, SAVE HARMLESS AND, AT THE CITY'S REQUEST, DEFEND CITY, ITS EMPLOYEES~ AGENTS AND REPRESENTATIVES FROM AND AGAINST ALL CLAIMS, DEMANDS~ ACTIONS~ CAUSES OF ACTION~ LOSSES, DAMAGES~ LIABILITIES, COSTS.AND EXPENSES~ IN- CLUDING REASONABLE ATTORNEY'S FEES OR OBLIGATIONS~ FOR OR IN CONNECTION 'WITH INJURY OR DAMAGE TO ANY PERSON OR PROPERTY WHICH ARISES OUT OF THE NEGLIGENT ACT~ ERROR OR OMISSION OF ARCHITECT AND ITS AGENTS, SUBCONTRACTORS' OR EMPLOYEES AS A RESULT OF ARCHITECT'S RENDERING OF SERVICES UNDER THIS AGREEMENT, XI" NOTICES~ ALL NOTICES TO BE GIVEN WITH RESPECT TO THIS AGREE- MENT SHALL BE ADDRESSED AS FOLLOWS' A~ TO CITY- DIRECTOR OF PUBLIC SERVICES CITY OF SOUTH SAN FRANCISCO CITY HALL 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 B. TO ARCHITECT: AVANESS IAN/GUMBINGER 914 LINDEN AVENUE . SOUTH SAN FRANCISCO, CA 94080 .. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE ,,~,'~EXECUTED ON THE DATE HEREINABOVE SET FORTH.~ IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF.SAN MATEO, STATE OF CALIFORNIA CITY OF SOUTH SAN FRANCISCO A MUNICIPAL CORPORATION BY~ TITLE. ~M%vor ATTESST'~city Ci' erk ~ AVANESS IAN/GUMBI NGE R A JOINT VEN~TURE ~~ -4-