Loading...
HomeMy WebLinkAboutReso 190-1984RESOLUTION NO. '190-84' CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN ARCHITECTURAL AGREEMENT FOR THE WESTBOROUGH PARK BUILDING MASTER PLAN PROJECT (GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, 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 the Westborough Park Building Master Plan 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 reqular meeting held on the 28th day of November , 19 , by the following vote: AYES: Councilmembers Mark N. Addiego. Emanuele N. Damonte. Richard A. Haffe¥. Gus Nicolopulos; and ~oberta Cerri Tegli~ NOES: None ABSENT: None ATTEST' A G R E E ~,~: E H T THIS AGREEMENT, entered into this 24th day of May , 1985 is by and between the CITY OF SOUTH SA~.~ FP, ANCISCO, a municipal corporation (hereinafter the "City") and GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC.., a California corporation '(hereinafter "Architect"J, "who agree as follows: v 1. General. This Argreement'~ertains to architectural and rela~ed professional services for the Westborough Park Building Master Plan Project. 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 complete the services required under this contract within One Hundred Twenty Five (125) 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 %o such causes; provided that the Architect shall, within ten (10) days from the beginning of' any such delay, notify the C%ty 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 verbatim. 5. Method of Payment. The Architect shall submit monthly invoices to the City for service§ 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 C~ty shall have full and complete access- to Architect's cal'culations, draw{ngs, 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. · 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 q=ull statutory coverage. In signing this Agreement, the Architect makes the following certif, i.cation, 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 provisions 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 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 HUNDRl~D 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 ~naintain 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, afficers, 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-allegedYbreach 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 ~ag'r_eed_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 ~he City Attorney as to form, amount and carrier. The policy of insurance shall also contain a pro- vision indicating tha. t such insurance shall not be reduced or cancelled except u'pon thirty (3.0) 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." 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, 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. 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. Arch_i..te~t_.shall not assign any of its rights nor transfer any of its--::obl-igati-ons.-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. Terminations-of Contract. For Cause: If, through any cause, either party fails to fulfill 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 gSving to the party in violation written notice of such termination and speci-fying the effective date thereof at least five (5) days prior to the effective date of such termination. 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 115) 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 construed to create the relationship of agent, servant, employee, partnership, joint ~.venture-~or--~as~sociation, or- any. other relationship whats~oever other than~-those of independent contractor between the City and Architect. 15. Interest of Architect. Architect covenants that it presently has no interest and shal'l' 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 emp 1 oyed. -4- iow s' _~Jrector of Rec~eati.nn. and Community" · . .~ervices P,,O. Box /i.~' '" -' South San Franc i sco,. ~a I i f'or'ni a 94080 Notices.-.required to bo given to Architect shall be addressed as follows' Group 6/Architecture, Research and Planning, Inc. 46/ Forbas Boulev-ard South San Francisco, CA. 94080 .. - 17. Merger. This Agreement supercedes any and all other agreements, either oral or in writing, between the p~rties hereto, with respect to the subject matter hereof and contains all of th~ covenants and agreements b~tween the parties wi~h respect to said matter, and each party to this Agreement acknowledges that no repr-esenta=~ions, inducements, promises or agreements, orally or otherwise, have been made by any party, or an_~one acting on behalf of any party, whi~' ~n ar'e not embodied herein, and that aa other agreement,' statement or promise not contained herein shall be valid or binding. IN WITNESS WHEREOF, the duly autho'r'ized representativ.es of the Cir. y and the Architect have caused this Agreement to be executed on the date here- i nabove set forth. GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, a Cal i fornia corporation, ARCH I i~C..T By- Julian D. Munoz, President / Robin Chiang, Secretary ATTEST' CITY OF SOUTH SAN FRANCISCO, a m~M~ipal corporation By .(-.- ' , ~ 7 " '.. ,,. Ci ~:~ ~lanager ' ~' City Clerk i :' EXHIBIT "A" SCOPE OF SERVICES/TIMETABLE mmm.mmmm,~.l Task PHASE I Preliminary. Site Analysis and Needs Assessment - February 15, 1985 ~2.5 months) A. Initial meeting with City Staff. B. Review of background information. PRODUCT' Index of Available Community and Recreation Facilities (To be provided by the City) C. Preliminary site analysis, PRODUCT: Site Analysis Drawing D. Meeting with City Staff to review information and discuss user group meetings. E. Meet with representatives from user groups. (four meetings) F. Preliminary analysis of user group information. G. Review with City Staff. H. Review with steering committee: Existing facilities, overview of site conditions and user group information. I. Prepare draft preliminary program of building requirements. PRODUCT: Draft Preliminary Program of Building Requirements. J. Review with City Staff. K. Meeting with steering committee- Follow up earlier meeting and define design priorities. L. Refine preliminary program of building requirements. M. Prepare preliminary construction budget. PRODUCT: Preliminary Program of Building Requirements and Construction Budget N. Review preliminary program and budget with Steering Committee. O. Review with City Staff. P. Prepare final program of building requirements. PRODUCT: Final Program of Building Requirements PHASE II Final Site .Analysis and Preliminary Building Design - May l, 1985 ( 2.5 months) A. Complete site analysis. B. Develop design concept. PRODUCT: Design Sketches C. Review with City Staff and steering Committee. D. Based on approved program, prepare preliminary desion documents. 1.' Site iPlan .. 2. Floor Plan 3. Exterior Elevations 4. Building Sections 5. Structural Engineer 6. Mechanical Engineer 7. Perspective Rendering 8. Preliminary Cost Estimate PRODUCT: Preliminary Design Documents E. Review with City Staff. F. Minor revisions. G. Review with Steering Committee. H. Minor revisions. I. Present to City Council EXHIBIT "B" COMPENSATION ' The fee will be based upon actua-1 time and materials not to exceed a total sum of Twenty-one Thousand, Eight Hundred Dollars ($21,800). Actual time and materials charges are based upon the hourly rates set forth as follows' - -. CONSULTANT'S PRINCIPALS at a rate of Sixty-Five Dollars ($65.00) per hour. For the purposes of this Ag.reement, the Principa. l.s are Robin Chang, James P. Di6rkes,. Wayne E. Gehrke and Julian D. ~tunoz. 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.