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HomeMy WebLinkAboutReso 200-1984 RESOLUTION NO 200-84 ' CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE DESIGN OF CORPORATION YARD FACILITY (AVANESSIAN/GUMBINGER ASSOCIATES - PROJECT NO~ PB-83-2) BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement, The Agreement entitled. "A Resolution Authorizing Execution of an Agreement For the Design of Corporation Yard Facility" between the City of South San Fran- cisco and Avanessian/Gumbinger Associates is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1". 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 12th day of December , 1984 , by the following vote' AYES- Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES' None ABSENT- None ATTEST' EXHIBIT "1" TO RESOLUTION NO. 200-84 ARCHITECTURAL SERVICES AGREEMENT THIS' AGREEMENT, entered into this day of , 19 , is by And between the CITY OF SOUTH SAN FRANCISCO, a municipal corpbration (hereinafter the "City") and AVANESSIAN/GUMBINGER ASSOCIATES, A Joint Venture (hereinafter "Architect"), who agree as follows: 1. General. This.Agreement pertains to architectural and related professional services for NEW CORPORATION YARD FACILITY, PROJECT NO. PB-83-2. 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 170 calendar 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. City shall pay Architect the amounts set forth in Exhibit "B" attached hereto and by this reference incor- porated herein as though set forth verbatim. 5. Method of Payment. The Architect shall sUbmit monthly invoices to the City for services rendered, and City shall tender pay- ment 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 com- plete 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 com- pletion 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 ~euse 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." (b) Public Liability Insurance. In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for injuries i~cluding, but not limited to, death to any one person and subject to the s.ame limit for each person, in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) on account of any one occurr- enc e. (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 o. ut and maintain during the life of this Agreement an · nsurance 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 Sub- sections (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 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 lim'it 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 permission of City. Architect shall be solely-respon- sible 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 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 giving to the party in violation, written notice of such Itermination and specifying the effec- tive 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 convenience terminate this Agreement at any time by giving written notice to Architect of such ter- mination 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 Deputy City Manager/ City Engineer 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, partner- ship, joint venture or association, or any other rela- tionship whatsoever other than those of independent contractor between the City and Architect. -4- 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. Ail notices herein required shall be in writ- ing, 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: Mr. Robert Yee, City Engineer City of South San Francisco 400 Grand Avenue South San Francisco, California 94080- Notices required to be given to Architect shall be addressed as follows: .. Mr. George Avanessian' Avanessian/Gumbinger Associates 914 Linden Avenue South San Francisco, California 94080 17. Merger. This Agreement supercedes any and all other agreements, 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 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. a municipal corporation ATTEST: By: City Manager City Clerk EXHIBIT "A" SCOPE OF SERVICES The Scope of Services as set forth in the following phases are based on the approved Scheme as described in the Spatial Require- ments and Planning for A New Corporation Yard as developed by the Architect. The Architect's Scope of Services consist of the three phases described below and include normal structural, mechanical and electrical engineering services and any other services included as part of Basic Services. The work under Basic Services to be performed by the Architect for each phase shall be defined as follows: Phase 1: Design Development Specific responsibilities of the Architect in this Phase shall include the following: Based on the Spatial Requirements and Planning for a New Corporation Yard Documents, the Architect shall prepare, for approval by the Cit~, a Space Plan showing the size and location of all offices, corridors, work areas, and other spaces and their furniture arrangements for the New Corporation Yard Facility. The Architect shall meet with Department Heads of City Departments affected by these documents to review, and revise, as required, space arrangements and adjacencies proposed for their departments. The Architect shall prepare and submit to the City for approval of Color Board indicating the colors, finishes, and textures of finish materials, both interior and exterior to be employed under this Project. The Architect shall prepare scaled drawings, an outline specification and other documents of preliminary design quality to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. The Architect shall prepare and submit to the City a Statement of Probable Construction Cost based on the ele- ments of the entire Project. -1- The Architect shall present and obtain approval from the South San Francisco Design Review Board of those elements of this Project pertaining to their jurisdiction. The Architect shall present and obtain approval from the South San Francisco City Council of the final design develop- ment documents produced under this Phase before proceeding wi th Phas~ 2. The Architect shall submit twenty (20) copies of approved design development documents to. the City Engineer. Phase 2: Construction Documents Based on approved Design Development Documents developed under Phase 1 and any further adjustments in the scope or quality of the Project or in the Project Budget authorized by the City, the Architect shall prepare, for approval of the City, Contract Documents consisting of complete detailed, measured Drawings and Specifications setting forth in detail the requirements for the construction of the Project including architectural, structural, landscaping, mechanical and electrical systems, materials and such other elements as required for bidding purposes. · The Architect shall assist the City in the preparation of the necessary bidding information, bidding forms., the Conditions of the Contract, the form of Agreement between the City and the Contractor, and any other documents required by the City to be included in the Specifications. The Architect shall advise the City of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. The Architect shall present and obtain approval from the South San Francisco City Council of the final Contract Documents produced under this Phase before proceeding with Phase 3. The Architect shall submit to the City original tracings of Drawings and reproducible copies of Specifications for print- ing and distribution by the City. The Architect shall assist the City in connection with the City's responsibility for filing documents require~ for the approval of governmental authorities having jurisdiction over the Project. -2- Phase 3: Bidding Phase The Architect, following the City's approval of the Construc- tion Documents and of the latest Statement of Probable Construc- tion Cost, shall assist the City in obtaining bids and assist in aWarding and preparing contracts for construction. -The ArchiteCt shall assist the City in preparation of pre-bid conference and be present to answer questions by prospective bidders. The Architect shall assist City in preparation of a listing of Contractors interested 'in the Bidding of the Project. The Architect shall not be responsible for the quality of work provided by any Contractor. The Architect shall assist City in the evaluation of Bids received. The .Architect shall be available to answer any questions by Bidders and to issue Addenda to the Construction Documents, if required. -3- EXHIBIT "B" COMPENSATION In consideration for the performance of duties listed in Exhibit "A": Scope of Services, the City shall pay the Architect a fixed fee of $150,000.00. Payment shall be made monthly and shall be in proportion to the services performed within each'Phase of the Scope of Services. REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Architect and the Architect's employees and outside consultants in the interest of the Project for the expenses listed in the following: Expense of reproductions, postage and handling of Drawings, Speci- fications and other documents, excluding reproductions for the office use of the Architect and the Architect's outside consultants. Use of data processing the photographic production techniques when used in connection with Additional Services. Reimbursable Expenses shall be incurred by the Architect only upon request and/or authorization by the City. The payments for these expenses shall be made to the Architect at the rate of 1.05% of the actual expense to the Architect. ADDITIONAL SERVICES Services not described in' Exhibit "A": Scope of serVices of this Agreement and customarily not a part of Basic Services shall be con- sidered as Additional Services. They shall be provided if authorized or confirmed in writing by the City, and they shall~ be paid for by the City in addition to the rates of payment described as follows: ao Principal's time at the fixed rate of sixty-five dollars ($65.00) per hour. b. Project Architect's time at forty dollars ($40.00) per hour and draftsman's time at 'thirty dollars ($30.00) per hour. Ce Services of outside consultants at a multiple of one and one tenth (1.1) times the amount billed to Architect for such .services. No outside consultant shall be hired by the Architect unless prior apprOval by the City has been obtained. --1--