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.
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(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.
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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.
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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.
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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.
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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.
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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.
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