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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 · · "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' . WHEREAS, City requires expert engineering and design services in connectioF~ ' . · with Recreation'F~cilities Lighting Master Plan, specifically outlined in Exhibit. -. "A", hereinafter referred to as the ."project"; and WHEREAS, Engineer has represented to City that it is uniquely qualified and · 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; · 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 ,, · 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. -1- o' (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 $39.00 per hour ,2- 5. Title to Documents. All plans, specifications, working drawings, documents, renderings and other papers, or copies thereof as finally rendered, prepared by Engineer, pursuant to the terms of this agreement, shall, upon preparation, become the property of City. Engineer shall have the right to reproduce and use for its own purposes copies of the aforementioned material which may be originated and prepared for City or otherwise provided in the course of work under this agreement. 6. Termination. Either party may terminate this agreement at any time · upon the giving of ten days written notice to the other party. Such notice shall set forth the effective date of such termination. In the event of such termination, City shall pay to Engineer as full payment for all services performed and all expenses incurred under this agreement an amount which bears the same ratio to the total fee otherwise payable under this agreement as the services actually rendered hereunder by the Engineer bear to the total services necessary fo~ the full performance of this agreement. In ascertaining the services actually rendered hereunder up to the date of termination of this agreement, consideration shall be given to both completed work and work in process of completion. 7. Assignability. Engineer shall not assign, sell, mortgage, hypothecate or otherwise transfer its interests in or °b~ig~t~On$~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. -3- 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 · 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. -4- (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 · set forth. 15. Paragraph Headings. Paragraph headings as used herein are forI . . 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