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HomeMy WebLinkAboutReso 143-1983 RESOLUTION NO 143-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENT NO. 3 TO AN AGREEMENT WITH GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC. FOR THE RENOVATION OF PORTIONS OF CITY HALL AND THE FORMER POLICE SERVICES BUILDING ALSO CALLED CIVIC CENTER 'RENOVATION, PROJECT NO.~ PB-81-2 tha t: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Supplement. Execution of Supplement No. 3 to the Agreement to Furnish Architec- tural and Related Design Services to the City of South San Francisco for the Renovation of Portions of City Hall and the Former Police Services Building also called Civic Center Renovation, Project No. PB-81-2 entered into on Sept- ember 30, 1981 between the City of South San Francisco and Group 4/Architecture, Research and Planning, Inc. in connection with the renovation of the City Hall and former Police services Building is hereby authorized, and a copy of said Supplement is attached hereto as Exhibit "A." 2. Signatures. The City Manageris authorized to execute said Supplement 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 5th day of October , 1983, by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None NOES: ABSENT: None EXHIBIT "A" to RESOLUTION NO. 143-83 SUPPLF~MENT NO. 3 TO THE AGREEbfENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FtL~_NCISCO FOR THE RENOVATION OF PORTIONS OF CITY HALL AND THE FOR~fER POLICE SERVICES BUILDING ALSO CALLED CIVIC CENTER RENOVATION, PROJECT No. PB-81-2 The City of South San Francisco, hereinafter called "CITY," and Group 4/ Architecture, Research and Planning, Inc., hereinafter called "CONSULTANT," have entered into an AGREE~.NT dated Septembe~ 30, 1981 in connection with the renovation of the City Hall and former Police Services Building (herein- after "AGREEMENT"), which AGREEMENT was amended on }~rch 23, 1982 by SUPPLEMENT NO. 1 and on June 21, 1982, by SUPPLEMENT No. 2 to said AGREFAMENT. The AGREemENT is attached hereto as "Exhibit 2A", SUPPLE~IENT No. I is attached hereto as "EXHIBIT 2B" and SUPPLEMENT No. 2 is attached as "EXHIBIT 2C". These documents are incorporated by reference as though fully set forth herein. SECTION 1: GENERAL This SUPPLEMENT is being executed in order to provide Architectural and related · design services by the CONSULTANT ' for portions of the City Hall, the former Police Services Building and the Grand Avenue Library, The services which the CONSULTA~NT now agrees to perform over and above those contracted for under previous' supplements are described in the following section, SECTION 2: SCOPE OF SERVICES of this SUPPLEMENT. SECTION 2: SCOPE OF SERVICES Basic Services: The CONSULTANT will provide~Architectural and Related Design Services during the Construction Phase. The CONSULTANT'S Basic Services consist of the services described in Paragraphs 2.1 through 2.16 and shall include normal structural, mechanical and electricaI engineering services. 2.1 The Construction Phase will commence with the award of the Contract for . Construction and, together with the CONSULTANT'S obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is paid. Page One of Eight sEcTION 2: SCOPE OF SERVICES 2.2 The CONSULTANT shall provide administration of the C~ntract for Construc- tion as set forth below and in the CONTRACT DOCU~NTS for the Civic Center Renova- tion. 2.3 The CONSULTANT shall be a representative of the CITY during the Construc- tion Phase, and shall advise and consult with the CITY. Instructions to the Con- tractor shall be forwarded through the CONSULTANT. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in the Contract Documents unless otherwise modified by written instrument in accordance with paragraph 2.16. 2.4 The CONSULTANT shall provide part-time Project Representation at the site for approximately four hours per work day. The CONSULTANT shall become familiar with the progress and quality of the Work and dete~nine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations, the CONSULTANT shall keep the CITY informed of the progress and quality of the Work, and shall endeavor to guard the CITY against defects and deficiencies in the Work of the Contractor. 2.5 The CONSULTANT shall not have control or charge of and shall not be res- ponsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for theacts or omissions of the Contractor, Subcontractors or any other persons performing any of. the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. Any agreements entered into between CONSULTANT and/or CITY and contractors for the project shall state that the Contractor is responsible for construction means, methods, techniques, sequences, procedua:es, and for safety precautions and programs in connection with the Work. 2.6 The CONSULTANT shall at all times have access to the $~ork wherever it is in preparation or progress. 2.7 The CONSULTANT shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications Page Two of Eight 2.7 Continued for Payment, and shall issue Certificates for Pa)qnent in such amounts, as pro- vided in the Contract Documents. 2.8 The issuance of a Certificate for Payment shall constitute a represen- tation by the CONSULTANT to the CITY, based on the CONSULTANT's observations at the site as provided in Paragraph 2.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the CONSULTANT's knowledge, information and bel. ief, the quality of the Work is in accordance with the Contract Documents (subject to a evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a repre- sentation that the CONSULTANT has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 2.9 The CONSULTANT shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the CITY and CONTRACTOR. The CONSULTANT shall render written interpretations necessary for the proper execution and progress of the Work within fourteen calendar days upon written request of either the CITY or the Contractor. Further, the CONSULTANT shall render Written decisions within .fourteen calendar days on all claims, disputes.and other matters in question between the CITY and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 2.10 Interpretations and decisions of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the Contractor and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. Page Three of Eight 2.11 The CONSULTANT's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The CONSULTANT's decisions on any other claims, disputes or other matters, including those in question between the CITY and the Contractor, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. 2.12 The CONSULTANT shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the CONSULTANT's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the CONSULTANT will have authority to require special inspection or testing of the Work in accordance with the provisions-of the Contract Documents, whether or not such Work be then fabricated, installed or completed. 2.13 The CONSULTANT shall review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall'be taken with reasonable promptness so as to cause no delay. The CONSULTANT's review of a specific item shall not indicate review of an assembly of which the item is a component. 2.14 The CONSULTANT shall prepare Change Orders for the CITY's approval and execution in accordance with the Contract DoCuments, and shall have authority to order minor changes in the Work which are not inconsistent with the intent of the Contract Documents and which do not involve either an adjustment in the Contract Sum or an extension of the Contract. Time. 2.15 The CONSULTANT shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and forward to the CITY for the CITY's review written warranties and related documents required by the Contract Document and assembled by the Contractor, and shall issue a final Certificate for Payment. 2.16 The extent of the duties, responsibilities and limitations of authority of the CONSULTANT as the CITY's representative during construction shall not be modified or extended without written consent of the CITY, the Contractor and the CONSULTANT. Page Four of Eight SECTION 3: ADDITIONAL SERVICES Services which are described in SECTION 2: SCOPE OF SERVICES of tbs SUPPLEMENT and customarily are not a part of the Basic Services shall be considered as Additional Services. They shall be provided if authorized or confirmed in writing by the CITY and they shall be paid for by the CITY in addition to the compensation for Basic Services. Additional Services shall include the services described in Paragraphs 3.1 through 3.6. 3.1 Change'Orders during construction provided such Change Orders are required by causes not solely within the control of the CONSULTANT. 3.2 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for construction. 3.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction. 3.4 Providing services after issuance to the CITY of the final Certificate for Payment. ._ . 3.5 Providing services after 255 calendar days from the issuance to the Contractor of the Notice to Proceed. Exceptf0~ holidays and weekend days, those days during which construction work at the site does not take place shall not be counted toward the 255 calendar days. 3.6 Providing other services not customary or not described in SECTION 2. SECTION 4: TIME OF PERFORb~NCE CONSULTANT shall begin work following execution of this SUPPLEMENT to the AGREemENT AND upon written notice by the C~TY to proceed. SECTION 5: COMPENSATION In consideration for Basic Services performed as described in SCOPE OF SERVICES, the CITY agrees to pay the CONSULTANT on a Time and }~terial basis with a Maximum Limit. The Maximum Limit for work performed under this SUPPLEMENT shall Forty-Two Thousand Seven Hundred Thirty-Five Dollars ($42,735.00). Page Five of Eight SEC%ION 5: COMPENSATION Continued Labor charges will be according to the SCHEDULE OF C1LARGES shown J.n "Exhibit lB" of S5~PL~tENT NO. 1. The rates include compensation for direct labor, indirect labor overhead, general and administrative overhead, and profit for the CONSULTA~\~f and that of outside consultants. The costs of outside subconsultants shall be billed to the CITY at a multiple of 1.1 times the amounts billed to the CONSULTAI~f for such services. For Additional Services of the CONSULTANT, as described in SECTION 3 , the CITY agrees to pay the CONSULTANT as follows: For the services described in Paragraphs 3.2 through 3.6:. On a Time and P~terial Basis at the labor charges shown in "Exhibit lB" of SUPPLF~NT No. 1. The costs of outside Subconsultants shall be billed to the CITY at a multiple of 1.1 times the amount billed to the CONSULTA~%~r for such services. For the services described in Paragraph 3.1: At a fee of 15% of the construction cost or cost credit for the construction work. Ine CITY agrees to pay the CONSULTANT for reimbursable expenses such as reprodu'ction and long distance telephone costs at a rate of 1.05 times the direct cost billed to. the CONSULTANT. The maximum amount for reimbursable expenses shall, not exceed Five Hundred Dollars ($500.00). The CONSULTANT will include with the invoice receipted bills or other documents reasonably required by the CITY. Payments for Basic Services, Additional Services and Reimbursable Expenses shall be made monthly and shall be in proportion to services performed. If the services covered by this SUPPL~IENT have not been completed within twelve months through no fault of the CONSL-LT.~YT, the amounts of compensation and rates set forth herein shall be equitably a dj us t ed. SECTION 6: SUBCONTRACTS CONSi-~TANT will employ the same outside consultants as noted in SUPPLemENT No. 1, as required to complete the Scope of Services of'this SUPPLiaNT. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of his consultants, and persons either directly or indirectly employed by them, as he is for the negligent acts and omissions of persons directly employed by him. Page Six of Eight SECTION 7: INSURANCE CONSULTANT will maintain the same insurance as specified in SECTION 7 of SUPPL~,~ENT No. 1. SECTION 8: HOLD HAR~ESS AGREEMENT CONSULTANT hereby reaffirms the Hold Harmless Agreement which appears in SECTION 8 of SUPPLEMENT No. 1. SECTION 9: OFFICE FOR CONSULTANT AT SITE The CITY shall provide a heated office space with drawing desk, telephone service for the use by the CONSULTANT during working hours. The CITY will pay for all utility costs associated with the project for this office space.' SECTION 10: NOTICES Ail notices shall ~e in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the CITY shall be addressed as follows: Mr. Robert S. Yee, Director of Public Services City of South San Francisco 400 Grand Avenue South San Francisco, California 94080 ~otices required to be given to the CONSULTANT shall be addressed as follows: Mr. Julian D. Munoz, Principal Group 4/Architecture, Research and Planning, Inc. 467 Forbes Boulevard South San Francisco, Californii 94080 Page Seven of Eight 'TION 11: The parties hereto hereby agree that, except as provided herein, all of the provisions of the AGREEbIENT, SUPPLEMENT No. 1 and SUPPLEMENT No. 2 to said AGRE~NT, shall continue unchanged and shall remain in full force and effect. In witness whereof, the following duly authorized representatives of the CITY and CONSULTANT have signed in confirmation of this SUPPLEbiENT No. 3 to'the AGRE~[ENT. Dated I O '-/~ ~ - ~ CITY OF SOUTH-SAN FRANCISCO C. Walter Birkelo - City Manager GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC. '-,, ? Ju~nx .D. Munox - President Attest: Barbara Battaya - Page Eight of Eight