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.
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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
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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 ~~
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