HomeMy WebLinkAboutReso 165-1984 RESOLUTION NO. 165-84
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC.
that'
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Approval of Agreement
The Agreement entitled "Agreement for Architectural Services/
Municipal Services Building Expansion Project" between the City of South San
Francisco and Group 4/Architecture, Research and Planning, Inc., 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 lOth day of O~tnh~r
by the following vote:
AYES: Councilmembers Mark N. Addiego, =Richard A. Haffey~
Gus Nicolopulos; and Roberta Cerri T~glia
NOES: Counnilman Fmanu~l~ N. D~mont~
ABSENT: None
, 1984,
ATTEST'
EXHIBIT "A" TO RESOLUTION NO. 165-84
AGRE EME'NT~
THIS AGREEMENT, entered into this lOth day of October , 1984,
is'by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation
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(hereinafter called "City") and GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC.,
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(hereinafter called "Architect".), who agree as follows-
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1. General.. This Agreement pertains.to architectural and related
professional Services for the prJliminary design'for offices, kitchen, storage
and dining facilities located within the existing unfinished space at the
Municipal Services Building at 33 Arroyo Drive, South San Francisco, Cal.ifornia.
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2. Scope of Services. Subject to the terms and conditions set forth in this
Agreement, Architect shall provide to City the services described in Exhibit "A"
attached hereto and by this reference incorporated herein as though set forth
verbatim.
3. Time of Performance. Architect shall begin work within seven (7) days
following the execution of this Agreement and upon written notice by City to
proceed'.' Architect agrees to complet~ the services required under this contract
within sixty-five (65) days from the Notice to Proceed, except that Architect
shall not be responsible for any delay in the completion of the work caused by
acts of God or of. the public enemy, acts of the City, fire, floods, epidemics,
quarantine restrictions, or strikes not caused by the unfair labor practices of
Architect or.delays of subcontractors due to such causes; provided that' the
Architect shall, within ten (10) days from the beginning, of any such delay,
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notify the City in writing of the causes of delay.
4. Compensation.
(a) The fee will be based upon actual time and materials not to
exceed a total sum of Six thousand Dollars ($6,000). Actual
time and materials charges are based upon the hourly rates
set forth in Exhibit "B".
(b) Services required as a result of unforeseen circumstances
which are not contemplated in Exhibit "A" hereto shall be
performed only after receiving the written authorization
of the City Council and shall be billed at the same hourly
rate as set forth in Exhibit "B" hereto.
(c) Reimbursable expenses ~re in addition to the compensation
for services and include actual expenditures made by the
Architect in the interest of the project for the cost of
reproduction, postage and handling of drawings or photographs.
The City shall compensate the Architect for reimbursable
expenses at the rate of the direct cost to the Architect
plus five percent (.5%).~ For the purposes of this Agreement,
Compensation for Reimbursable Expenses shall not exceed
Two hundred and Fifty Dollars ($250.00).
5.' Method of Payment. The Architect Shall submit monthly 'invoices to
the City for services performed and reimbursable expenses incurred, and City
shall render paYment to Architect based upon said invoices, contingent upon
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approval by City as to performance of the work, and within thirty (30) days
of submittal.
6. Ownership of Documents. The City shall have full and comPlete access
to the Architect's calculations, drawings, specifications and other documents
during progress of the work. All such documents prepared by the Architect
shall become the property of the City at the completion of this Project. The
Architect may retain a copy of all materials produced under.this Agreement for
its use in its general business activities. Should the City desire to' use the
work completed under this Agreement for purposes other than intended under this
Agreement, the City will nOtify the Architect in writing prior to any such
reuse of said documents.
7. City Furnished Material. The City agrees to make available to the
Architect all pertinent drawings, specifications and other existing documents
pertaining to this Project currently in the. possession or control, of ~ity.. ~The
Architect shall'be entailed to rely upon the completness and accuracyof City-
furnished documents.
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8. Insurance. The Architect shall take out and maintain during the life
of this ^§reement the followin§ policies of ~nsurance:
(a) Worker's Compensation and Employer's Liability Insurance
providing full statutory coverage. In .signing this
Agreement, the Architect makes the following certification,
required by Section 1861 of the Labor Code:
"I am aware of the provisions of Section 3700 of
the California Labor Code which require every
.employer to be 'insured against liability for
Worker's.Compensation or to undertake self-.
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insurance in accordance with the provisions'
the Code, and I.will Comply with such provisions
before commencingthe performance of'the.work, of
this Agreement."
(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 of not less than ONE
MILLION DOLLARS ($1,000,000.00) on account of any one.
occurrence.
(c) Property Damage Insurance. In an amount of 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.. Architect 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 appointed boards, commissions,
officers, agents and employees and Consultant 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 Architect
and/or any of its agents or employees in the performance of
this Agreement.
(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
o~erations performed by the Architect, as described herein.
Evidence of said insurance described above shall be provided
to City upon execution of this Agreement and shall be subject
.to the approval of. 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 (30) days written notice to
City. In addition, the following endorsement shall be made
on said policy of insurance'
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"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 reinsurance
shall not be required to contribute to any
liability or loss until and unless the appropriate
limit of liability afforded hereunder is exhausted."
9, Hold Harmless, Defense and Indemnification. Architect shall hold
harmless, indemnify and, at City's request, defend City, its employees, agents,
officers, boards a~d commissions,.whe~he~ elected or app~inte~, from and against
all claims, demands, aCtions, causes of acti°n,'losses, damages, liabilities,
costs and expenses, including but not limited to attorney's fees or obligations,
for or in connection with personal injury, including but not limited to, death,
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or damage to property, both real and personal, which arises out of or is in any
way connected with the negligent act, error or omission of Architect, its agents,
subcontractors or employees in connection with the performance of this Agreement.
10. Use of Subcontractors. The Architect is permitted to subcontract for
professional services with the firms of Design Engineering Services (mechanical
engineering), and Bidwell & Associates (electrical engineering), for the
execution.of portions of-this work. Unless written approval from the City is
received,-the Architect shall not subcontract any services other than those
specifically noted in this Agreement, and except for service forms engaged in
reproduction,.typing and printing. Architect shall be solely responsible for
reimbursing any subcontractors and the City shall have no obligation to them.
ll. Assignment. Architect shall not assign any of its rights nor transfer
any of its obligations under this Agreement without the prior written consent
of the City, which Consent may be withheld at the sole discretion of the citY.
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12. Termination of Contract.
(a) For Cause: If, through any cause, the Architect shail fail to
fulfill in a timely and proper manner its obligations under this
Agreement, or if the Architect shall violate any of the covenants,
agreements or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement by giving
writte~ notice to the Architect of such termination and specifying
the effective date thereof at least five (5) days prior to the
effective date of such termination. If, through any cause, the
City shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the City shall violate
any of the covenants, agreements or stipulations of this Agreement,
the Architect shall thereupon have the right to terminate this
Agreement in the same manner as above. In either event, all
finished or unfinished documents, data, drawings, plans and
reports prepared by the Architect shall become the property of
the City, and the Architect shall be entitled to receive just
and equitable compensation for any work completed on such
documents and other materials, including costs of preparing such
documents and files for delivery and delivery to the City on the
basis of the Architect's fee schedule.
(b) For Convenience of the City: The City may for its own convenience
terminate this agreement at any time by giving written notice to
Architect of such termination and specifying the effective date
thereof, which notice shall be given at least fifteen (15) days
prior to the effective date of such termination.
13. Architect's Qualifications. By executing this Agreement, Architect
holds itself out as a qualified Architect, possessing the experience and specialized
skills necessary to perform the tasks set forth in Paragraph 1 herein and agrees
that it will render to the best of its ability the services described in said
paragraph during the full term of this Agreement.
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14. Architect's Status.
(a) The services set forth' in this Agreement shall be provided to City
by the Architect~-as an independent consultant as defined in Labor
Code Section 3353, under the general control of the Director of
Recreation and Community Services of the City of South San Francisco
concerning the results of the work, but.not the means by which such
is accomplished. Nothing herein contained shall be construed to
make the Architect an agent or employee of City while providing
said services, and Architect shall be..entitled to no other benefits
or compensation than those provided herein.
(b) Nothing in this Agreement shall be construed to create the
relationship of agent, servant, employee, partnership, joint
venture or association, or any other relationship whatsoever
other than that of independent contractor between the City and
Archi tect.
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15. Interest of Architect. Architect covenants that it presently has no
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interest and shall not acquire any interest, direct or indirect, that would
conflict in any manner or degree with the performance of services required to
be performed under this Agreement. The. Architect further covenants that, in
the performance of this Agreement, no persons having any such interest shall be
employed.
16. Notices. All notices herein required shall be in'writing, and shall
be delivered in person or sent by certified mail', return receipt.requested,
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postage prepaid. Notices required to be given to City shall be addressed as
fol 1 ows'
Director of Recreation and Community Services
P.O. Box 711
South San Francisco, California 94083
Notices required to be given to Architect shall be addressed as follows'
Group 4/Architecture, Research, and Planning
457 Forbes Blvd.
South San Francisco, California 94080
17. Merger. This Agreement supercedes any and all other agreement, either
oral or in writing, between the parties hereto with respect to the subject
matter hereof and contains all of the covenants and agreements between the
parties with respect to said matter, and each party to this Agreement acknowl-
edges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party,
which are not~embodied~herein, and that no other agreement, statement or promise
not contained herein shall be valid or'binding.
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" IN WITNESS WHEREOF', the duly aUthorized representatives of the City and
the Architect have caused this' Agreement to be executed on the date hereinabove
set forth.
CITY OF SOUTH SAN FRANCISCO,
a municipal Corporation.
y Manager .
ATTEST:
City Clerk~ z~'
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GROUP OIARCHITECTURE, RESEARCH, & PLANNING INC
Architect
by: ~e ~
sildent
· Gehrke, Vice President
EXHIBIT "A"
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SCOPE OF SERVICES
Task I - Preliminary Site Analysis/Needs Assessment
1. Meet with staff and City Council Sub-Committee.
2. Review existing as built drawings.
3. Complete analysis of' existing mechanica'l and lectrical
systems.
4. Prepare preliminary site analysis drawings for Staff/
Sub-committee review.
5. Prepare preliminary cost estimates for staff/Sub-committee
review.
6. Based upon approval program, prepare design documents to
include'
a. Site/floor plan
b. Interior sections
c. prespective rendering
7. Attend Commission and City Council meetings as required.
EXHIBIT B SCHEDULE OF CHARGES
CONSULTANT'S PRINCIPALS at a rate of Sixty-Five Dollars ($65.00) per hour.
For the purposes of this Agreement, the Principals are
Robin' Chiang,' James P. Dierkes, Wayne E. Gehrke and
Julian D. Munoz.
CONSULTANT'S EMPLOYEES at a multiple of Two and Three-Quarters (2.75) times
the Employees' Direct Personnel Expense.
SUB-CONSULTANTS at a rate of One Hundred Ten Percent (llO%) of the Cost of
the Sub-Consultant to the Consultant.
EXHIBIT "C"
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TIMETABLE
October 22, 1984
Commencement of Work
January l, 1985
Completion of Design Documents
for Staff Review
January '23, 1985
Council Approval of Design Master
Plan