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.