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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 · (hereinafter called "City") and GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC., · , (hereinafter called "Architect".), who agree as follows- .. 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. · 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, · 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 .J 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. t 2 ~ 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-. · 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' -3- "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, .. 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. -4- 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. · 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. -5- 15. Interest of Architect. Architect covenants that it presently has no · 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, · 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. -6- " 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~' · ,. GROUP OIARCHITECTURE, RESEARCH, & PLANNING INC Architect by: ~e ~ sildent · Gehrke, Vice President EXHIBIT "A" · 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" · 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