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HomeMy WebLinkAboutReso 187-1984 RESOLUTION N0~187-84' CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN ARCHITECTURAL AGREEMENT FOR LANDSCAPE IMPROVEMENTS .......... (SINGER AND HODGES, iNC~) ............. BE IT RESOLVED by the City Council of the City of SoUth San Francisco that: 1~ Approval of Agreement~ The Agreement entitled "Architectural Services Agreement" for architectural and related professional services for landscape improvements on Airport Blvd~ from Baden Avenue to the southerly City limit known as the City Entrance Landscape Pro- ject between the City of South San Francisco and Singer and Hodges, 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' re'gu'l'ar' meeting held on the~-28t'h-day of ~'November , 19 84, by the following vote: AYES: COIjn~TlniPmh~r~s' Mar~k 'N.~ ~Addi'ego.' ~Emanuele 'N·.~ 'Damonte, RiChard 'A. ~Haffey, ~u.~..Ni~.nl~,lO~; ','n~' 'Roherta 'cerri Tegl ia NOES': None ABSENT: None .......... EXHIBIT "A" TO RESOLUTION NO. 167-B4 ARCHITECTURAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 3rd day of January , 19 85 , is by and between the CITY OF 'SOUTtl SAN FRANCISCO, a municipa! corpora tl on (hereinafter' the "City") and SINGER AND HODGES, INC. - (hereinafter "Architect"), who agree as follows' 1." General. This Argreement pertains, to architectural and. related professional services for landscape improvements on Airport Blvd.-from Baden Avenue to the southerly City limit known as the City Entrance Landscape Project. 2~ Sco~e of Services'. Subject to the terms and'conditions set forth in this A§reement, 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 Seventy-Five (75) 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 unfai'r labor practices of Architect~or delays of subcontractors, due to such causes; provided that the Architect shall, within ten .(10) days from the be§inning' of any such delay, notify the City in writing of the causes of delay. .. 4~ Compensation~ City shall pay Architect the amounts set forth in Exhibit "B" attached'hereto and by this reference incorporated herein as though set forth verbati'm. . 5'. Method of Payment'.' The Architect shall submit monthly ~n'votces to the City for services ~endered,. and City shall tender payment to Architect based upon said invoices within thirty (30) days after recetpt~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 other reuse of said documents. .. $1I~iG_:I & liOi;..~,;3, Ii. lC. O~t,LAi,i) 7. City Furnished Material. The City agrees to make available to Architect all drawings, specitications, 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 Compensa- tion or to undertake self-insurance in accordance with the provisi-ons of the Code and I will comply with such pro- visions before commencing the perform- ance of the work of this Agreement." (b) Public Liability Insurance~ In an amount not less than FIVE HUNDRED )HOUSAND 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 Architect 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 and employees in the performance of this Agreement~ -2- (e) 'It is agreed that the insurance required by Subsections (b) (c) and (d) shall be extended to include as additional insu~eds 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 pro- vision 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 pri- mary 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 and unless the approxi- mate limit of liability afforded hereunder is exhausted~" 9L Hold Harmless, Defense and Indemnification~ Architect shall hold harmlessindemnify 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, 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 AgreementJ 10~ Use of Subcontractors~ Architect shall not.subcontract for any services to be performed under this Agreement without the prior written per- mission of City. Architect shall be solely responsible for reimbursing, any subcontractors and the City shall have no obligation to them. 11. 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 discretion of the City~ -3- 12. Termination of Contract~ (a) For Cause: If, through any cause, either party fails to fultill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the covenants, agreements or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving to the party in violation written notice of such termination and specifying the effective date thereof at-least five (5) days prior to the effective date of such termination. (b) For Convenience of the City: The City may for its own con- venience terminate this Agreement .at any time by giving written notice to Architect of such termination and specify- ing 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 special- ized 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 result is accom- plished. 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 c6nstrued to create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than those of independent contractor between the City and Archi tect. 15. Interest of Architect. Architect covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that would con- flict 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. -4- 16. Notices. All notices herein required shall be tn wrlttng, and -'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 /11 South South ~rancisco, California 94UB(J Notices required to be given to Architect shall be addressed as follows: Singer and Hod~es, Inc. 1biz ~-ranklin Street Oakland, CA. g4612 17. Merger. This Agreement supercedes any and all other agreements, either oral or in writing, between the parties hereto with respeci~ito 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 Agr'eement to be executed on the date here- inabove set forth. SINGER AND HODGES, INC., ARCHITECT CITY OF SOUTH SAN FRANCISCO, a municipal corporation ATTE ST: i~lty Glerk -5- EXHIBIT "A" SCOPE OF SERVICES/TIMETABLE Phase I a. Project Orientation ". b. Site Analysis and Review of Existing Data and Plans Phase I I a. Schematic.Design Phase Reviews and Approvals Weeks 3 weeks Phase III a. Master Plan Design Phase Reviews and Approvals 5.5 weeks EXHIBIT "B" Compensation The fee will be based upo~ actual time and materials.nOt to exceed a total sum of Five Thousand, Five Hundred Dollars ($5,500). . · . Actual time and material charges are based upon the hourly rates established as follows: Pri'ncipal $50.00 Associate $40.00 Draftsperson $35.00 Clerical $21.00