HomeMy WebLinkAboutReso 149-1984 RESOLUTION NO. 149-84
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,. STATE OF CALIFORNIA
A RESOLUTION AUTHORIZNG EXECUTION OF AGREEMENT WITH
THOMAS H. ROGERS, dba T.H. ROGERS ASSOCIATES
BE IT RESOLVED by the City Council of the City of South San Francisco that:
1~ Approval of Agreement.
The Agreement entitled "Agreement for Design Services/Recreation Facili-
ties Master Lighting Plan" between the City of South San Francisco and Thomas H.
Rogers -aka- T. H. Rogers Associates is hereby approved, and a copy of said
Agreement is attached hereto as Exhibit "A".
2. Execution of Agreement.
The City Manager is hereby 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 26th day of September , 19 84 , by the following vote:
AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey,
Gu~ Nicolopulos; and Roberta Cerri Teglia
None
NOES'
ABSENT'
None
City Clerk
EXHIBIT "A" TO RESOLUTION NO. 149-8~
AGREEMENT'
THIS AGREEMENT, made and entered into this lOth day of January , 198~,
between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of
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· "and THOMAS H ROGERS, D/B/A T.H Rogers,
California, hereinafter called "City, . . .
Associates, :with prilncipal offices located at 1000 Univ. ersity Avenue, Berkeley,
Calfironia, 94710, hereinafter called "Engineer".
WITN'E SS ETH'
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WHEREAS, City requires expert engineering and design services in connectioF~ '
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with Recreation'F~cilities Lighting Master Plan, specifically outlined in Exhibit.
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"A", hereinafter referred to as the ."project"; and
WHEREAS, Engineer has represented to City that it is uniquely qualified and
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experienced to perform such services; and '
WHEREAS, City desires to engage Engineer to perform technical service~ to be
used in connection with the design of a Recreation Facilities Lighting Master Plan;
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NOW' THEREFORE, in consideration of the mutual covenants, agreements, and'
conditions Contained herein, the parties hereto do hereby agree as follows--
1. Engineering'Services. Engineer shall pr, ovide all technical services
necessary to review and confirm the location and extent of existing lighting
standards and electrical Service distributiOn within the park, Prepare detailed
drawings, specifications, and cost estimates, for the subject lighting .improvements
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as follows-
To hold consultation meetings with the Department of Parks
and Recreation and other City staff as necessary for the
purpose of discussing various items of design, cost and
coordination, and Park and Recreation Commission and City
Council meetings as necessary for approval of the plans.
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(b) To prepare a preliminary design plan for all designated
facilities to advise the City of the number, locations
and types of fixtures which will provide adequate lighting
for security and safety.
(c) To prepare working drawings, specifications, and cost
estimates, for use in obtaining competitive bids for
construction of all phases outlined in Exhibit "A".
(d) To assist with technical questions and addenda, if required
during the bidding period, and with the evaluation of the
bids received and selection of contractors.
(e) To review contractor's submittals of equipment and
materials data for conformance with the plans and
specifications.
(f) To review and inspect the installation and operation of'
the lighting systems for conformance with the contract
documents. Engineer shall give the City reasonable notice
of the time of said inspections so that City representatives
may be present. Engineer's observations and inspections
shall be supplemental to the City's normal site inspection
program. Engineer shall review work and make recommendations
to the City's inspection staff based upon his observations.
All formal changes, progress payments and related matters
shall be through the Director of Parks and Recreation. In
connection with such inspections and consultations with
City, he shall review, but shall not be responsible for,
the construction means, methods, techniques, sequences or
procedures and safety precautions and programs in connection
with the work.
2. City Services. City shall furnish Engineer prints of all necessary
surveys and utility drawings and plans for its use.
3. Compensation. City shall compensate Engineer a fixed amount of
Six thousand, eight hundred dollars ($6,800) invoiced in increments as the
design progresses to completion.
4. Additional Services. City may wish to employ Engineer for additional
professional services for improvements other than those contemplated in this
contract. City shall compensate Engineer for such services according to the
following schedule:
Principal
Technical
Drafting
$57.00 per hour
$48.00 per hour
$39.00 per hour
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5. Title to Documents. All plans, specifications, working drawings,
documents, renderings and other papers, or copies thereof as finally rendered,
prepared by Engineer, pursuant to the terms of this agreement, shall, upon
preparation, become the property of City. Engineer shall have the right to
reproduce and use for its own purposes copies of the aforementioned material
which may be originated and prepared for City or otherwise provided in the
course of work under this agreement.
6. Termination. Either party may terminate this agreement at any time
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upon the giving of ten days written notice to the other party. Such notice
shall set forth the effective date of such termination. In the event of such
termination, City shall pay to Engineer as full payment for all services performed
and all expenses incurred under this agreement an amount which bears the same
ratio to the total fee otherwise payable under this agreement as the services
actually rendered hereunder by the Engineer bear to the total services necessary
fo~ the full performance of this agreement. In ascertaining the services
actually rendered hereunder up to the date of termination of this agreement,
consideration shall be given to both completed work and work in process of
completion.
7. Assignability. Engineer shall not assign, sell, mortgage, hypothecate
or otherwise transfer its interests in or °b~ig~t~On$~under this agreement
without first obtaining the written consent of the City, which consent may
be withheld in City's sole discretion.
8. Records. Engineer shall keep and maintain accurate records of .costs
incurred, and time expended relating to all services to be compensated hereunder
on the basis of cost to'Engineer, which records shall be available to City for
review thereof upon request therefor by City.
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9. Performance of Engineer's Obligations. Engineer's obligations as
set forth in this agreement shall be performed to the satisfaction of City's
Director of Parks and Recreation.
lO. Engineer's Status. The services shall be provided City as set forth
herein by Engineer as an independent contractor as defined in Labor Code,
Section 3353, under the general control of the Director of Parks and Recreation
of the City of South San Francisco, concerning the results of the work, but not
the means by which such result is accomplished. Nothing herein contained shall
be construed to make the Engineer an employee of City while providing said
services, and Engineer shall be entitled to no other benefits or compensation
except as provided herein.
ll. Hold Harmless, Defense, Indemnification. Engineer shall indemnify,
hold harmless and, at City's request, defend City, its officers, employees,
agents, boards and commissions, whether elected or appointed, from and against
al~ claims, demands, actions, causes of action, losses, damages, liabilities,
costs and expenses, including but not limited to reasonable attorney's fees or
obligations, for or in connection with personal injury (including, but not
limited to, death) or damage to property (both real and personal) which~arises
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out of or is in any way connected with the negligent act, error or ommission of
Engineer, or its agents, subcontractors or employees in connection with the
performance of this Agreement.
12. Insurance. The Engineer shall take out and maintain during the life
of this Agreement the following policies of insurance'
(a) Worker's Compensation and employers' liability insurance in
the statutory amount, as applicable.
(b) Public Liability Insurance: In an amount 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.
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(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) Contractual Liability Insurance' Engineer 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
Engineer against damages sustained by reason of any action
or actions at law or in equity, and/or any claims or demands
by reason of any breach or alleged breach of any contract,
or provisions thereof, or by reason of any contractual
liability, or alleged contractual liability arising out of
any contract entered into by Engineer and/or any of its
agents or employees.~
(e) It is agreed that the insurance required by Subsections b,
c and d shall be extended to include as additional insureds
the City of South San Francisco, its elective and appointive
· boards, officers, agents and employees, with respect to
operations performed by the Engineer, as described herein.
Evidence of this insurance described above shall be provided
to City upon execution of this Agreement and sh~ll be subject
to approval by the City Attorney as to form, amount and
carrier. The policy of insurance shall also contain a
provision-indicating that such insurance shall nOt be reduced
or cancelled except upon thirty (3) 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 insurance or reinsurance
covering or available to the City of South San
Francisco, and such other insurance, or reinsur-
ance shall not be required to contribute to any
liability or loss until'a~d Qnless'the approxi-
mate limit of liability afforded hereunder is
exhausted."
13. Time of Performance. Engineer shall begin work following execution
of this Agreement and upon written notice by City to proceed. Engineer agrees
to complete the initial predesign and final design work within four (4) months
from notice to proceed. Construction services shall be for the duration of
the project construction. The Engineer shall not be responsible for any delay
in the completion of the project caused by Acts of God or of the public enemy,
act of the City, fire, floods, epidemics, quarantine restrictions, or strikes
not caused by the unfair l~bor~practices of Engineer, or delays of sub-
contractors due to such causes; provided that the Engineer shall, within ten
(10) days from the beginning of any such delay, notify the City in writing
of the causes of delay.
14. 'Merger,. It is expresslly agreed that this writing contains ail of
the agreements between the parties herein and that there are no oral, collateral
or other assignments which relate to this Agreement and which are not herein
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set forth.
15. Paragraph Headings. Paragraph headings as used herein are forI .
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convenience only and shall not be deemed to be a part of such paragraphs and
shall not be construed to change the meanings thereof.
ATTEST:
CITY OF SOU~H SAN FRANCISCO
a Municipal Corporation
ity e
THOMAS H. ROGERS
D/B/A T.H. Rogers, Associates
EXHIBIT "A"
TO
AGREEMENT FOR DESIGN SERVICES BETWEEN
T. H. ROGERS AND ASSOCIATES AND THE
CITY OF SOUTH SAN FRANCISCO
RECREATION FACILITIES MASTER PLAN
GENERAL SCOPE OF WORK
PRIORITIES
1. Siebecker Center
a. Uplights for park si.gn
b. Exterior building lighting
c. Parking lot lighting
d. Play area lighting
2. Paradise Valley Park
a. Site security lighting
b. One (1) basketball court lighting
3. Brentwood Park (rear portion)
a. Security/pathway lighting
b. One (1) tennis court lighting
4. Zamora Playlot
a. Stairway lighting
b'. General security lighting
c. One (1) basketball court lighting
5. Francisco Terrace Playlot
a. General security lighting
b.' One (1) basketball court lighting
6. Winston #1 - Elkwood Drive
a. General 'security lighting .........
b. Sign uplights
c. One (1) basketball court lighting
7. Winston #3 - Newman and Gibbs
a. General security lighting
b. One (1) basketball court lighting
8. Winston #5 - Dundee Drive
a. General security lighting
b. One (1) basketball court lighting
9. Westborough Park
a. Two (2) tennis court lighting
EXHIBIT "B"
TO
AGREEMENT FOR TECHNICAL SERVICES
BETWEEN T.H. ROGERS, ASSOCIATES AND
CITY OF SOUTH SAN FRANCISCO
RECREATION FACILITIES MASTER LIGHTING PLAN
TIMETABLE
Commencement of Work
Completion of Site Review
Development of Plans and Specifications
for Staff Review (Siebecker Center
lighting only)
Review and Approval by Parks and Recreation
Commission (Siebecker Center lighting only)
Development of Plans and Specifications
for Staff Review (Paradise Valley Park only)
Approval of Plans and Specifications/
'Authorization for Bids by City Council
Review and Approval by Parks and Recreation
Commission (Paradise Valley Park only)'
Approval of Plans and Specifications/
Authorization for Bidy by City Council
Assist with Inspection of Siebecker
Center project
Development of Plans and Specifications
for Staff Review (All remaining areas)
Review by Parks and Recreation
Commission
Assist with Inspection of Paradise
Valley Project
September 24, 1984
October l, 1984
October 15, 1984
October 25, 1984
November 12, 1984
November 14, 1984
November 22, 1984
December 12, 1984
February l, 1985
March 15, 1985
March 28, 1985
March - April 1985