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HomeMy WebLinkAboutReso 3-1985 RESOLUTION NO. 3-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF A CON- SULTANT SERVICES AGREEMENT FOR THE GATEWAY BOULEVARD EXTEN- SION - GATEWAY ASSESSMENT DISTRICT NO~ ST-82-2, PHASE II BE IT RESOLVED by the City Council of the City of South San Francisco that: 1, Approval of Agreement, The Agreement entitled "Consultant Services Agreement Public Works Gateway Blvd. Extension Project" between the City of South San Francisco, a municipal corporation, and Harding Lawson Associates is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1~" 2, Execution of Agreement, The Mayor 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 --regular- meeting held on the 9th-.. day of --~January ..... , t985., by the following vote: AYES: Councilmembers-Mark-N~Addiego~ Emanuele N. Damonte, Richard-A. Haffey, -Gus Nicolopulos;.and-Roberta-CerriTeglia NOES: --None ABSENT: None City Clerk EXHIBIT "1" TO RESOLUTION NO. 3-85 CONSULTANT SERVICES AGREEMENT PUBLIC WORKS GATEWAY BLVD. EXTENSION PROJECT THIS AGREEMENT is made at South San Francisco, California, as of February5 , 19 1985, by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (hereinafter referred to as "CITY")'and Harding Lawson Associates -- -- ,{hereinafter referred to as "CONSULIANI"), w~o agree as follows:. 1. Services. Subject-to the terms and conditions set forth in thi's Agreement, Consultan~ shall provide to City the services described inExhibit "A", attached hereto and by this reference incorporated herein as though set forth verbatim. 2. Compensation. City shall pay Consultant fo~ services rendered pursuant to this Agreement at the conclusion of each phase in the amounts set forth in Exhibit "B" attached hereto and by this reference ~ncorporated herein as though set forth verbatim. The Payments specified in £xh~b'it "B" shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement, 3.. Facilities and Equipment. Consultant shall, at its sole cost and expense., furnish all facilities and equipment which may be required for furnishing its services pursuant to this Agreement. 4. Term~ This Agreement shall be effective on the date first appearing above an~all continue in effect until August 5. , 19.85 ,.unless sooner terminated as provided in Paragraph 11 herein. 5. Ownership of Documents. City shall have full and complete access to Consultant's working papers, and other documents during progress of the work. All documents of any description prepared by Consultant shall become the property of the City at the-completion of the project. The Consultant may retain a copy of all material produced pursuant to this Agreement for. its use in its general business activities. 6. Insurance. The Consultant shall take out and maintain during the life of this Agreement the following policies of insurance: (a) Worker's Compensation and employers' liability insurance in the statutory coverage. In signing this Agreement, the Consultant makes the follow- ing certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liabili-ty for Workers' 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 HU)IDRED THOUSAND DOLLARS ($5U0,000.00) for injuries including, but not limited to, death to any one person and subject to the same limit for each person, in an amount'not less than O~E MILLION DOLLARS ($1,000,000.00) on account of any one occurrence. (c) Property Damage Insurance:' In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for.damage to the property of.each' · p~rson on accoUnt or-·any one occurrence; .'. m) · (d) Contractual Liability Insurance:· Consultant 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 appointive boards, commissions, officers, agents and employees, and Consultant 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 lia- bility, or alleged contractual liability arising out of any contract entered into by Consultant and/or any of its agents or employees in order to. perform the work defined herein. "(e) It is agreed that. the insurance required by SubsectiOns b, c and d shall be in an aggregate amount of not less than One Million Five Hundred Thousand Dollars ($1,500,000) and shall be extended to include as.additional tnsureds the City of South San Francisco, its elective and appointive boards, officers, agents and employees, with respect to operations performed by the Consultant as describ6d herein. Evidence of the insurance described above shall be provided to CITY upon execution of this agreement and shall be sub- Ject to approval by 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 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." 7. Hold Harmless, Defense and Indemnification. la) Consultant 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'sfees 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 Consultant, its agents, subcontractors or employees in connection with the performance of this Agreement. (b)'~ In order to make certain that Consultant will have adequate re- sources to fully carry out its responsibilities pursuant to subparagraph {al above, Consultant shall, during the life of this Agreement, maintain profess- ional liability (e.g. errors and omissions) insurance for all operations of Consultant under-this Agreement. Said insurance shall be in an amount of not less. than One 14illion Five Hundred Thousand Dollars ($1,500,000)., shall contain. a provision that s'uch insurance shall not be reduced or cancell'ed except upon · -thirty (30) days written, notice to City and shall be subject to the approval of 'the City Attorney as to form, amount and carrier. · 8. Use of Subcontractors. The Consultant shall not subcontract any services t.o be provided hereunder, except for service firms engaged .in reproduction,~typ-t ey respo, nsible for reimbursing any,~Fi~lJLtng/ · rang a~d printing. Consultant'shall be SOlobligat~on to them. ' ~),~'~i.i-/'~~ subcontractors and the City shall have no assign any of ~ts r~ghts nor transfer . g. Assignment. Consultant shall not ' ' ' '' ' any of'its ol)ligations under this Agreement without the prior written consent of the City, which consent may be withheld at the sole discretion of the City,' 10. Termination of Contract for Cause. If, through any cause,'either party to thi~greement shaT1 fail to fulfill in a timely and proper manner obligations under this Agreement or violate any of the covenants, conditions, or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice of such termination to theparty in violation and specifying the effective date thereof at least five (5) days before · the effective date of such termination. In the event of such termination, alt finished or unfinished documents, data, surveys, drawings, maps and.reports pre- pared by the Consultant shall become the property of the City, and the Consultant shall be entitled to receive just and equitable compensation for any work com- pleted prior to notice of termination on spch documents and other materials, including costs of preparing such documents and files for delivery and delivery to the City on the-basis of the Consultant's fee schedule. 11. Termination for Convenience of the City. The City may for its own don- venience terminate this Agreement at any time by giving written notice to Consultant of such termination and specifying the effective date thereof,, at least fifteen {15) days before the effective date of such termination. 12. Consultant's Qualifications. By executing this Agreement, Consultant holds itself out as a qualified Geotechnical Engineering Consultant, possessing the experience and specialized skill-s necessary to perform the tasks mentioned in Paragraph i herein and agrees it will render to the best of its ability the services described in that paragraph during the full term of this Agreement. 13. Consultant's Status. (a) The services shall be provided City as set forth herein by Consultant as an independent consultant as defined in Labor Code Section 3353, under the general control of the Deputy City Manager/CD&A 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 Consultant an agent or employee of City while providing said services~ and Consultant'shall be entitled to no other benefits or compensation as provided. herein. 14. Interest of Consultant~ The Consultant covenants that he 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 perforlned under this Agreement. The Consultant further covenants that, in the performance of this contract,, no persons having any such interest shall be employed. 15. Notices. All notices herein required shall be .in writing., and.shall be ~delivered in person or sent by certified mail, postage prepaid, Notices required to he given, to City shall be addressed as follows: I City Clerk P.O. Box 711 South San Francisco, CA. 94083 Hotic~s required to be given to Consultant ~hall be addressed as follows: Harding Lawson Associates 666 Howard Street San Francisco, CA 94105 IN WITNESS WHEREOF, duly authorized representatives of the City and the Consultant have signed in conformation of this Agreement as of the day and year first above written. CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, CA. 94080 ATTEST: City Clerk ¥~nag~ Vie ~sident ^ Harding Lawson Associates 666 Howard Street San Francisco, CA 94105 -4- EXHIBIT "A" By this Agreement, the Scope of Harding Lawson Associates' services on project consist of the following: Drilling 4 to 5 test borings about 15 to 24 feet deep and incor- porating in our study, 3 existing borings prepared by others. Obtaining undisturbed samples from the borings. Laboratory testing for moisture content/.dry density determinations, classification, strength, and Compressibility, as appropriate. Providing estimates of pavement thickness to be confirmed by testing during construction. Ee Providing information about the soil conditions at the site and our conclusions and recommendations regarding the following: 1. Site preparation and grading 2. Estimate for~ the flexible pavementdesign fo¥ the four, lane roadway by the State of California R-value design method. Estimates of total and differential settlement due to existing and additional fill. Fill placement, trench backfill, subgrade preparation, pipe bedding requirements, and shoring and/or bracing of utility trenches. 5. Consultation with the design team regarding geotechnical problems that may arise during the design process. Presenttn the results of our'tnvesttgatlon in a detailed written report (6gcopies) complete with field and laboratory data. EXHIBIT "B" 'FEE: Harding Lawson Associates agrees to provide services covered by this Agreement for a lump sum fee of $5,000.00.. If project requirements or the subsurface conditions encountered indicate that.the scope of services covered by this Agreement should be revised, an additional Service Agreement or a written addendum to this Agreement shall be .entered into .to cover the revised scope and fee.