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HomeMy WebLinkAboutReso 4-1985 RESOLUTION NO~ ~4-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION AND APPROVAL OF A GEOTECHNICAL ENGINEERING SERVICES AGREEMENT FOR THE NEW CORPORATION YARD FACILITY, 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 "Consultant Services Agreement Public Works, Geotechnical Engineering Services New Corporation Yard, Project No. PB-83-2" between the City of South San Francisco, a municipal corporation, and Harlan Miller Tait 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 ~gth day of January ....... , 1985~, by the following vote: AYES: ~Councilmembe~rsMark~N.- Addiego,'Emanuele N.'Damonte,~Ri'chard A,-Haffey, Gus'Nicolopulos;'and Rob~rta CerriTeglia NOES: None ABSENT: None ATTEST:' EXHIBIT "1" TO RESOLUTION NO. 4-85' · '~ CONSULTA~IT SERVICES AGREEMENT PUBLIC WORKS GEOTECHNICAL ENGINEERING SERVICES · NEW C~RPORATION YARD, PROJECT NO. PB-83-2 lHIS AGREEMENT is made at South San Francisco, California,. as of February 5,. 9 85' , by. and between the CITY,OF SOUTH SAN FRANCISCO, a municipal corporation hereinafter re(erred to as "CITY) and HARLAN MILLER, TAIT ~ (hereinafter referred to as "CONSUL'IAIlI"),. who agree as fol lows: .. 1. Services. Subject to the terms and conditions set forth ,in this Agreement, Consultant shal)' provide to City the services described.in Exhibit "A", attached hereto and by this reference incorporated herein as though set forth verbatim. 2.. Compensation. City shall pay Consultant for services renderedPursuant to this Agreement at the conclusion of each phase.in the amounts set forth in Exhibit."B" attached hereto and by this reference ~n?rporated herein as though set forth verbatim. The payments specified in Exhibit "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 June 30th , 1985 , unless sooner terminated a~ provided in Paragraph 11 h~rein. 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: ia)' Worker's Compensation and employers' liability insurance in the statutory coverage. In signing this Agreement, the Consultant makes the follow- lng certification, required by Section 1861 of the California Labor Code: _ "I am aware of the provisions of Section 3700 o~ the California Labor Code which require.every employer to be insured against liability 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 ~ork of this Agreement." lb) Public Liability Insurance: In an amount not less than FIVE HUNDRED · THOUSAI. ID I]OLL~RS ($5C~0,000.00) 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 ONE HILLION DOLLARS (..$1,000,000.00) on account of any one occurrence. (c) Property Damage Insurance: In an amount not less than FIVE HUNDRED THOUSAttD ~JOLLARS ($~(JU,OUO.OLI) for damage to the proper%y of each person on account of any 6ne. occurrence. (d) Contractual Liability Insurance: ~Consultant shall, take out and main- tain 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 boar. ds, commissions,.officers, agents and employees, and Consultant against damages sustained by reason of any action or actions at law o.r 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 ~ork defined herein. (e). It is agreed 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 Consultant as described herein. Evidence of this insurance described above shall be provided to CITY upon execution of this agreement and shall be subject 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. Use of Subcontractors. The Consultant shall not subcontrac't any services to be provided hereunder, except for service firms engaged in reproduction, typ- ing and printing. Consultant shall be soley responsible for reimbursing any subcontractors and the City shall have no obligation to them. 8. Assignl.~ent. Consultant shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of the City, which consent may be withheld at the sole discretion of the City. -2- 9. Termination of Contract for Cause. If, through any cause, either party to this Agreement shall 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 the party in ' violation and specifying the effective date thereof at least five (5) days the effective date of such terminationL In-the event"of such termination, all finished or unfinished documents, data, surveys, drawing)s, 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 c~m- pleted prior to 'notice of termination on such documents and other materials, including costs, of preparin§ such documents and files for delivery and delive~:y to the City o~ the basis of'the'Consultant's fee schedule. 10. 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 Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 11. Consultant's Qualifications. By executing this Agreement, Consultant holds itself out'as a qualified Geotechnical Engineering Consultant, possessing th~ experience and specialized skills necess'ary 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. 12. Consultant's Status (a) The services shall be provided City as set fo'rth herein Consultant as an independent.consultant as defined in Labor Code Section 3353, under the general control of the Director of Public Services of the City of South San Francisco, concerning the results of the work, but not the means by ~-~hich 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 benef'its or compensation as provided herein. (b) )lothing in this Agreement shall be construed to create the.rela- tionship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of Independent Consultant. 13. Interest of Consultant. The Consultant covenants that he presentlY' h~s no interest and shall not acquire any interest, direct or indirect, that ' would conflict in any manner or degree with the perfor,~ance of services required to be performed under this Agreement. The Consultant further covenants that, in the performance of this contract, no persons having any such interest shall be employed. 14." Notices. All notices herein required shall be in'writing, and shall be delivered in person or sent by certified mail, postage prepaid. -3- Notices required to be given to City shall be addressed as follows: City Clerk P.O. Box 711 South San Francisco, CA. 94083 Notices required to be given to Consultant shall be addressed as follows: ? Mr.. Richard G. Tait Harl an Mi 11 er Tai t = 1269'Howard Street San Francisco, CA 94103-2787 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. , ATTEST: City Clerk CITY-OF SOUTH SAH FRANCISCO 400 Grand Avenue South San Francisco, CA. 94080 -4- EXHIBIT "A" SCOPE OF SERVICES The Scope of Services.to be performed by the Consultant shall be performed in two phases. The work to be performed for each phase shall be defined as follows: Phase 1 - Geotec'hnical Investigation The scope of the investigation will focus on using shallow foundations for the structures. Geotechnical hazards will be qualitatively evaluated; i.e., a special, site-specific study of groundshaking and liquefaction will not be included in the investigation. Subsurface conditions will be explored'at the property by means of five test borings about 50 feet deep in the planned building area and three test borings about 15 feet deep in the fuel tank, storage yard and parking areas. The deeper borings will penetrate the Bay Mud deposits, while the shallower borings will be limited to depths that penetrate the existing fill. Selected laboratory tests would be performed to evaluate strength, compressi- bility and moisture/density properties. Following engineering analysis, con- clusions and recommendations will be developed regarding: (a) site grading, including criteria for site preparation, and compaction and quality requirements for on-site and imported fill; Ih) site settlement behavior; lc) shallow founda- tion type and design criteria; [d) settlement behavior, for shallow foundations; . (e) surcharge fill criteria,if necessary for settlement control; and (f) pavement thickness determinations. The pavement thickness determinationwould be based on an assumed R-value. R-value tests should be deferred until the imported fill source is known. If, after analysis, soil or other conditions preclude use of shallow foundations, borings will be drilled deeper and additional laboratory tests would be performed to obtain data for pile foundations. Upon completion of the investigation, results will be summarized and the findings will be presented in a detailed written report complete with supporting field and laboratory data. Phase 2 - Consultation and Review In this phase of the Work, grading and foundation plans will be reviewed and~ requests from the design team will be responded to. EXHIBIT "B" COMPENSATION In consideration for the performance of duties listed in Exhibit "A": Scope of Services, the City shall pay the Consultant on a time-a~d-expense basis with a maximum limit of $13,500. Fees and expenses for Phase 1, including~rental of drilling equipment, will be $9,600 if shallow foundations are feasible. If borings have to be deepened and recommendations for piles have to be prepared, additional fees and expenses will be approximately $3,100. Fees for Phase 2 are estimated to be in the range of $400 to $800 depending on the amount of consultation provided.