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HomeMy WebLinkAboutReso 174-1984 RESOLUTION NO. 174-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH WAYNE OSAKI, ARCHITECT that' BE IT RESOLVED by the City Council of the City of South San Francisco 1. Approval of Agreement The Agreement entitled "Agreement for Design Services/Spruce Gym Renovation Project" between the City of South San Francisco and Wayne Osaki, Architect, 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. NOES' 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 24th day of October , 1984, by the following vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None ABSENT' None Clerk · EXHIBIT "A" TO RESOLUTION NO. 174-84 AGREEMENT THIS. AGREEMENT, entered into this 6th day of December , 1984, is by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (hereinafter the "City") and WAYNE OSAKI, an individual (hereinafter "Architect"), who agree as follows: 1. General. This Agreement pertains to architectural and related professional services for design of the Spruce Gymnasium Renovation Project. 2. Scope of Services. Subje~t'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 complete the services required Under this contract within One Hundred Twenty (120) 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) City shall pay Architect the amount of Forty-five Dollars ($45.00) per hour to perform the services set forth in Exhibit "A" hereto, except that in no event shall the total amount paid to the Architect exceed an aggregate of Fifteen Thousand Dollars ($15,000.00) for services performed pursuant to this Agreement. (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 above. - 1 - . 5. Method of Payment. The Architect shall submit monthly invoices to the City for services rendered, and City shall tender payment to Architect based upon said invoices within thirty (30) days after receipt of same, contingent upon approval by City as to the satisfactory performance of the work. 6. Ownership of Documents. The City shall have full and complete access to Architect's calculations, drawings, specifications and other documents during progress of the work. All such documents prepared by Architect shall become the property of the City upon completion of the project or termination of this Agreement. The Architect may retain a copy of all material produced by Architect pursuant to this Agreement for use in its general business activities. Should the City desire to use the work completed under this Agreement for purposes other than those intended under this Agreement, the City will notify Architect in writing prior to any such reuse of said documents. 7. City Furnished Material. The City agrees to make available to Architect _ ._ all drawings, specifications and other existing documents pertaining to the project currently in the possession or control of City. 8. Insurance. The Architect shall take out and maintain during the life of this Agreement the following policies of insurance- (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 of the Code, and I will comply with such provisions 'before commencing the performance of the work of this Agreement." -2- (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 o~ 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, officems, agents and employees and Consultant against damages sustained by reason of any action or actions at law or in equity, and or any claims o'r 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 operations 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: "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 approximate 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 and commissions, whether elected or appointed, from and against all claims, demands, actions, causes of action, losses, damages, liabilities, -3- ~osts 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. Architect shall not subcontract for any services to be performed under this Agreement without the prior written permission of City. Architect shall be solely responsible for reimbursing any subcontractors and the .. City shall have no o~ligation 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 permission of the City, Which permission may be withheld at the sole discrition of the City. 12. Termination of Contract. (a) For Cause: If, through any cause, the Architect shall 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 written 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. -4- · 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 ~hat 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 result 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 Architect. 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 follows: Director of Recreation and Community Services P.O. Box 711 South San Francisco, CA.94083 -5- Notices required to be given to Architect shall be addressed as follows: Wayne Osaki, Architect 1900 Sutter Street, Suite l0 San Prancisco, CA.'94115 17. Merger. This agreement supercedes any and all other agreement, either oral or in writing, between tho 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 acknowledges 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. ~ .. · 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 City Manager ATTEST: Clerk WAYNE OSAKI. · Architect _ ,. -6- EXHIBIT "A" AGREEMENT FOR DESIGN SERVICES/SPRUCE GYM RENOVATION PROJECT ARCHITECT' CLIENTS' Wayne Osaki, Architect 1900 Sutter Street, Suite l0 San Francisco, Californi.a 94115 City of South SanFrancisco P.O. Box 711 South San Francisco, California 94080 Contact- Lyle W. Norton South San Francisco Unified School District 398 "B" Street SoOth San Francisc6, California 94080 Contact' Stan Haney A. BUDGET - Total budget for the base work shall be $200,000.00. B. FEE/BASIC'WORK - Fee shall be hourly rate of $45.00/hour for the architectural work, plus expenses incurred for the mechanical, electrical, structural engineers and other expenses. Maximum fee shall be $15,000.00 for the Basic Work as listed below. C. ADDITIONAL WORK- Extra work required due to unforeseen conditions and other work requested by the client shall be same fee arrangement, as above, except the $15,000.00 maximum shall not apply to the additional work. D. SERVICES - They shall include all necessary meetings, administrations, preliminary and construction documents, bidding, and construction administration. E. BILLING - Billing shall be submitted monthly on the basis of the work performed. Payment shall be due within 30 days of the billing date. F. SCOPE OF BASIC WORK 1. Exterior a. Repair concrete spallings, and paint the entire building including the Shop portion. b. Repair skylights. c. Window repairs or replacements. 2. Interior Shell a. Painting of renovated areas. b. Foyer floor covering. -1 - 3. Restrooms a. Renovate Men and Women Rooms, including sub-floor reconstruction.' b. Provide for handicapped requirements. 4. Electrical a. As required. 5. Roof and Sheetmetal a. Repair or replace gutters and downspouts as necessary. 6. Heating a. No work required at this time. 7. Bleachers. a. Refinish existing bleachers. · b. Provide railings required by the City. 8. Basketball Backboards - No work required. 9..Fire Alarm and Extinguishing Systems - No work required. 10. Exits and Stairways a. Provide new eXit on the west side from the gym floor and the bleachers and ramp to the sidewalk. b. Widen the door and the stairway from the bleachers on the east side. 11. Termite and Dry Rot a. Correct according to the termite inspection .report. 12. Security SYstem - Not required. ~ 13. Plumbing - Restrooms only. 14. Ventilation - Gym and Restrooms only. 15. Others - Handicapped facilities, and storage room. -2- EXHIBIT "B" PRELIMINARY TIME TABLE September 15, 1984 Commencement of Work October 15, 1984 Completion of Master Plan October 15 - November 15, 1984 February 15, 1985 Review by Parks and Recreation 'Commission/ SSF Unified School District/City Council Completion of Plans and Specifications March, 1985 Authorization for Bid May, 1985 Commencement of Construction