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HomeMy WebLinkAboutReso 167-1986RESOLUTION NO. 167-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENT NO. I FOR ARCHITECTURAL AND RELATED DESIGN SERVICES WITH GROUP 4/ ARCHITECTURE, RESEARCH & PLANNING, INC. FOR THE MAGNOLIA SENIOR CENTER PROJECT, PROJECT NO. PB-86-1 that: BE IT RESOLVED BY THE City Council of the City of South San Francisco 1. Approval of Supplement. A Supplement entitled "Supplement No. I to the Agreement to furnish architectural and related design services to the City of South San Francisco for the Magnolia Senior Center Project, No. PB-86-1" between the City of South San Francisco and Group 4/Architecture, Research & Planning, Inc. is hereby approved and a copy is attached as Exhibit "A". 2. Execution of Supplement. The City Manager is authorized to execute the Supplement on behalf of the City. 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 adj. regular meeting held on the 29th day of October , 1986, by the following vote. AYES: NOES: ABSENT: Councilmembers Mark N. Addieqo, John "Jack" Draqo, Richard A. Haffey, Gus Nicolopulos and Roberta Cerri Teqlia None None SUPPLEMENT NO. 1 EXHIBIT A TO RESOLUTION NO. 167-86 TO THE AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO FOR MAGNOLIA SENIOR CENTER, PROJECT NO. PB-86-1 The City of South San Francisco, hereinafter called "City", and Group 4/ Archi- tecture, Research and Planning, Inc., hereinafter called "Architect", have entered into an AGREEMENT dated October 17, 1985 in connection with the reno- vation of the former Magnolia School, now called Magnolia Senior Center, Project No. PB-86-1. The AGREEMENT is attached hereto as "EXHIBIT lA". This document is incorporated by reference as though fully set forth herein. SECTION 1: GENERAL This SUPPLEMENT is being executed in order to provide Architectural and re- lated professional design services by the Architect for the Construction Phase of the Magnolia Senior Center. The services which the Architect now agrees to perform over and above those contracted for under the AGREEMENT are described in the following section, SECTION 2: SCOPE OF SERVICES of this SUPPLEMENT. SECTION 2: SCOPE OF SERVICES The Architect shall provide Architectural and related professional design services during the Construction Phase of the subject project. The Architect shall provide structural, mechanical and electrical engineering services as needed. The Architect shall provide administration of the Contract for Construction as set forth below and in the Contract Documents for Construction of the subject project. Page I of 11 2.1 The Architect shall be a representative of the City during the Con- struction Phase, and shall advise and consult with the City. The City's instructions to the Contractor shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the City only to the extent provided in the Contract Documents unless otherwise modified by written instru- ment in accordance with Paragraph 2.13. 2.2 The Contractor for Construction of the subject project shall be responsible for construction means, methods, techniques, sequences and proce- dures, for safety precautions and programs in connection with the Work, for the acts and omissions of the Contractor, subcontractors and any other persons performing any of the Work, and for the failure of any of them to carry out the Work in accordance with the Contract Documents. Any agreements entered into between the City and contractor(s) for the project shall so state these requi remen ts. 2.3 The Architect shall provide Project Representation at the site as needed. As the City's representative for this Project, the Architect shall be familiar with the progress and quality of the Work to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site inspections, the Architect shall keep the City up to date on the progress and quality of the Work and shall endeavor to guard the City against defects and deficiencies in the work of the Contractor. Weekly and monthly Progress Re- ports shall be submitted to the City by the Architect based on the Architect's Daily Log sun~arizing daily activities on the site. 2.4 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.5 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Pa~nnent in such amounts, as pro- vided in the Contract Documents. Page 2 of 11 2.6 The issuance of a Certificate for Payment shall constitute a repre- sentation by the Architect to the City, based on the Architect's observations at the site as provided in Paragraph 2.3 and on the data comprising the Con- tractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, subject to an evaluation of the Work for conformance with the Contract Docu- ments upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment, and that the Contractor is entitled to payment in the amount certified. 2.7 The Architect shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the City and Contractor. The Architect shall render written interpretations necessary for the proper execution and progress of the Work within fourteen (14) calendar days upon written request of either the City or the Contractor. Further, the Architect shall render written decisions within fourteen (14) calendar days on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 2.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the City and the Contractor. Page 3 of 11 2.g The Architect shall have authority to reject Work which does not con- form to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed. 2.10 The Architect shall review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable prompt- ness so as to cause no delay. 2.11 The Architect shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work which are not inconsistent with the intent of the Contract Documents and which do not involve either an adjustment in the Contract Sum or a change in the Contract Time. 2.12 The Architect shall conduct inspections to determine the Dates of Substantial Completion and Final Completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment. 2.13 The extent of the duties, responsibilities and limitations of author- ity of the Architect as the City's representative during construction shall not be modified or extended without written consent of the City and the Architect. Page 4 of 11 SECTION 3: ADDITIONAL SERVICES It is the intent of this SUPPLEMENT to secure all Architectural and related professional design services that may be required for the administration of the Contract for Construction of the subject project and as stated in SECTION 2 of. this SUPPLEMENT. The Architect shall perform additional Architectural and related professional design services where specifically requested by the City. The Architect shall be compensated for such additional services in the same manner as established in SECTION 5 of this SUPPLEMENT for compensation of s err i ce s. SECTION 4: TIME OF PERFORMANCE The Architect shall begin Services related to this SUPPLEMENT with the Award of the Contract for Construction. The Services provided by the Architect shall terminate with the City's acceptance of the subject project. SECTION 5: COMPENSATION 5.1 The City agrees to pay the Architect on a Time and Material basis. The Architect has estimated that the performance of services indicated in SECTION 2 of this SUPPLEMENT will require a fee of One Hundred Forty-Five Thousand, One Hundred Eighty-Five Dollars ($145,185). 5.2 Reimbursable Expenses: In addition, the City agrees to pay the Architect for reimbursable expenses such as reproduction and long distance telephone costs at a rate of 1.05 times the direct cost billed to the Architect. The Architect's estimate for reimbursable expenses is Four Thousand Five Hundred Dollars ($4,500). The Architect will include with the invoice receipted bills or other documents reasonably required by the City. Page 5 of 11 5.3 The Architect and the City agree that the amounts indicated in Sections §.! and 5.2 of this SUPPLEMENT, for fees and reimbursable expenses respec- tively, shall not be exceeded except by written instrument from the City. The Architect and the City agree that these same amounts shall be increased by written instrument, tf required, to enable the Architect to properly perform the services indicated herein to the conclusion of the project. 5.4 A WORKLOAD PROJECTION attached as "Exhibit lB" of this SUPPLEMENT out- lines the estimated expenditures of hours and fees anticipated to be spent each month on this Project by the Architect and his consultants. The WORKLOAD PROJECTION, to the extent possible, is based on the Architect's estimate of construction activities to be performed by the Contractor for Construction of the subject project. 5.5 Labor charges will be according to the SCHEDULE OF CHARGES attached as "EXHIBIT 1C" of this SUPPLEMENT. The rates include compensation for direct labor, indirect labor overhead, general and administrative overhead, and pro- fit for the Architect and that of outside consultants. The costs of outside Sub-consultants shall be billed to the City at a multiple of 1.1 times the amounts billed to the Architect for such services. 5.6 Payments due the Architect for Services and Reimbursable Expenses shall be made monthly and shall be in proportion to the services performed and expenses incurred. 5.7 All invoices for payment submitted to the City shall be accompanied by Monthly Progress Reports delineating the nature of the services performed by the Architect and his consultants where appropriate in support of the subject project. Page 6 of 11 SECTION 6: SUBCONTRACTS Architect shall be as fully responsible to the City for the negligent acts and omissions of his consultants, and persons either directly or indirectly employed by them, as he is for the negligent acts and omissions of persons directly employed by him. SECTION 7: INSURANCE Architect agrees to provide and maintain the following new policies of in- surance specific to this Project for the duration of work performed by the Arch itect: 7.1 Worker's Compensation and Employer's Liability Insurance: 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." 7.2 Public Liability Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) 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 MILLION DOLLARS ($1,000,000.00) on account of any one occurrence. 7.3 Property Damage Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for damage to the property of each person on account of any one occurrence. Page 7 of 11 7.4 Contractural Liability Insurance: Architect shall take out and main- tain during the life of this SUPPLEMENT 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 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 contractural lia- bility, or alleged contractual liability arising out of any contract entered into by Architect and/or any of its agents or employees in order to perform the work defined herein. 7.5 It is agreed that the insurance required by Subsections 7.2, 7.3, and 7.4 shall be in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) and 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 the insurance described above shall be provided to City upon execution of this SUPPLEMENT 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 Francisaco shall be primary as to any other insur- ance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." Page 8 of 11 SECTION 8: HOLD HARMLESS, DEFENSE AND INDEMNIFICATION The Architect hereby affirms to abide by the following Hold Harmless, Defense and Indemnification clauses: 8.1 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 SUPPLEMENT. 8.2 In order to make certain that Architect will have adequate resources to fully carry out its responsibilities pursuant to subparagraph $.1 above, Architect shall, during the life of this SUPPLEMENT, maintain professional liability (e.g. errors and omissions) insurance for all operations of Architect under this SUPPLEMENT. Said insurance shall be in an amount of not less than One Million Dollars {$1,000,000.00), shall contain a provision that such insurance shall not be reduced or cancelled 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. SECTION 9: ASSIGNMENT 9.1 The Architect shall not assign any of its rights nor transfer any of its obligations under this SUPPLEMENT without the prior written permission of the City, which permission may be withheld at the sole discretion of the City. Page 9 of 11 SECTION 10: TERMINATION OF CONTRACT 10.1 For Cause: If, through any cause, either party fails to fulfill in a timely and proper manner its obligations under this SUPPLEMENT, or if either party violates any of the covenants, agreements or stipulations of this SUPPLEMENT, the other party shall thereupon have the right to terminate this SUPPLEMENT by giving to the party in violation written notice of such termination and specifying the effective date thereof at least five {5) days prior to the effective date of such termination. 10.2 For Convenience of the City: The City may for its own convenience terminate this SUPPLEMENT at any time by giving written notice to Architect of such termination and specifying the effective date thereof, which notice shall be given at least fifteen (15) days prior to the effective date of such termi nati on. SECTION 11: 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 under this SUPPLEMENT. The Architect further covenants that, in the performance of this SUPPLEMENT, no persons having any such interest shall be employed. SECTION 12: NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Page 10 of 11 Notices required to be given to the City shall be addressed as follows: Barbara Battaya, City Clerk CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to the Architect shall be addressed as follows: Mr. Julian D. Munoz, Principal GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC. 457 Forbes Boulevard South San Francisco, California 94080 SECTION 13: The parties hereto hereby agree that, except as provided herein, all of the provisions of the AGREEMENT shall continue unchanged and shall remain in full force and effect. In witness whereof, the following duly authorized representatives of the City and Architect have signed in con fi mati on of this SUPPLEMENT No. 1 to the AGREEMENT. Dated CITY OF SOUTH SAN FRANCISCO, a municipal corporation C. Walter Birkelo - City Manager Attest: Barbara Battaya - City Clerk GROUP 4/ARCHITECTURE, RESEARCH AND '?LANNING, INC. Ju D.~Munoz AIA - Presi de_~t · J~ P. Dierke[ AIA- Secretary Approved as to form: Valerie J. Amento - City Attorney Page 11 of 11 EXHIBIT 1C SCHEDULE OF CHARGES FOR GROUP 4 PERSONNEL Employee Classification Current Rate Anticipated Rate Before End of Project Pri nc i pal s $80.O0/hour $80.O0/hour Project Manager 54.gO/hr 60.39/hr Professional Thomas Pan 47.42/hr 52.16/hr Charles Ham 54.90/hr 60.39/hr Tim Carter 45.89/hr 50.47/hr Michael Murdock 41.79/hr 45.97/hr Technical Stanley Wong 31.68/hr 34.85/hr Dianne Whitaker 29.12/hr 32.03/hr Andre Rothblatt 24.g6/hr 27.45/hr Clerical Miki Mori 31.68/hr 34.B5/hr Barbara Reed 41.59/hr 45.75/hr New Employees 2.75 times DPE same {Direct Personnel Expense) The Current Rate schedule shown above reflects actual employee billing rates which have been calculated by taking the Direct Personnel Expense (direct salary plus benefits costs) times a multiple of two and three-quarters (2.75). The Anticipated Rate schedule is an estimated forecast of the billing rate per hour adjusted to include increases in base salary to employees over the life- time of the Project. In every instance, with the exception of Principals, the City would be billed on the basis of a multiple of two and three-quarters (2.75) times the Direct Personnel Expense. Page 1 of I m~ m~ SUPPLEMENT NO. 1 EXHIBIT A TO RESOLUTION NO. 167-86 TO THE AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO FOR MAGNOLIA SENIOR CENTER, PROJECT NO. PB-86-1 The City of South San Francisco, hereinafter called "City", and Group 4/ Archi- tecture, Research and Planning, Inc., hereinafter called "Architect", have entered into an AGREEMENT dated October 17, 1985 in connection with the reno- vation of the former Magnolia School, now called Magnolia Senior Center, Project No. PB-86-1. The AGREEMENT is attached hereto as "EXHIBIT lA". This document is incorporated by reference as though fully set forth herein. SECTION 1: GENERAL This SUPPLEMENT is being executed in order to provide Architectural and re- lated professional design services by the Architect for the Construction Phase of the Magnolia Senior Center. The services which the Architect now agrees to perform over and above those contracted for under the AGREEMENT are described in the following section, SECTION 2: SCOPE OF SERVICES of this SUPPLEMENT. SECTION 2: SCOPE OF SERVICES The Architect shall provide Architectural and related professional design services during the Construction Phase of the subject project. The Architect shall provide structural, mechanical and electrical engineering services as needed. The Architect shall provide administration of the Contract for Construction as set forth below and in the Contract Documents for Construction of the subject project. Page 1 of 11 2.1 The Architect shall be a representative of the City during the Con- struction Phase, and shall advise and consult with the City. The City's instructions to the Contractor shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the City only to the extent provided in the Contract Documents unless otherwise modified by written instru- ment in accordance with Paragraph 2.13. 2.2 The Contractor for Construction of the subject project shall be responsible for construction means, methods, techniques, sequences and proce- dures, for safety precautions and programs in connection with the Work, for the acts and omissions of the Contractor, subcontractors and any other persons performing any of the Work, and for the failure of any of them to carry out the Work in accordance with the Contract Documents. Any agreements entered into between the City and contractor{s) for the project shall so state these requirements. 2.3 The Architect shall provide Project Representation at the site as needed. As the City's representative for this Project, the Architect shall be familiar with the progress and quality of the Work to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site inspections, the Architect shall keep the City up to date on the progress and quality of the Work and shall endeavor to guard the City against defects and deficiencies in the work of the Contractor. Weekly and monthly Progress Re- ports shall be submitted to the City by the Architect based on the Architect's Daily Log summarizing daily activities on the site. 2.4 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.5 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Pa~qnent, and shall issue Certificates for Payment in such amounts, as pro- vided in the Contract Documents. Page 2 of 11 2.6 The tssuance of a Certificate for Payment shall constitute a repreo sentatton by the Architect to the Ctty, based on the Architect's observations at the stte as provtded tn Paragraph 2.3 and on the data comprising the Con- tractor's Application for Payment, that the Work has progressed to the potnt Indicated; that, to the best of the Architect's knowledge, Information and belief, the quality of the Work ts tn accordance wtth the Contract Documents, subject to an evaluation of the Work for conformance with the Contract Oocu- ments upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Oocuments, to minor deviations from the Contract 0ocuments correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment, and that the Contractor is entitled to payment in the amount certified. 2.7 The Architect shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the City and Contractor. The Architect shall render written interpretations necessary for the proper execution and progress of the Work within fourteen {14) calendar days upon written request of either the City or the Contractor. Further, the Architect shall render written decisions within fourteen calendar days on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 2.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the City and the Contractor. Page 3 of 11 2.g The Architect shall have authority to reject Work which does not con- form to the Contract Oocuments. Whenever, In the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed. 2.10 The Architect shall review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable prompt- ness so as to cause no delay. 2.11 The Architect shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work which are not inconsistent with the intent of the Contract Documents and which do not involve either an adjustment in the Contract Sum or a change in the Contract Time. 2.12 The Architect shall conduct inspections to determine the Dates of Substantial Completion and Final Completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment. 2.13 The extent of the duties, responsibilities and limitations of author- ity of the Architect as the City's representative during construction shall not be modified or extended without written consent of the City and the Arch i tec t. Page 4 of 11 SECTION 3: ADDITIONAL SERVICES It is the intent of this SUPPLEMENT to secure all Architectural and related professional design services that may be required for the administration of the Contract for Construction of the subject project and as stated in SECTION 2 of.this SUPPLEMENT. The Architect shall perform additional Architectural and related professional design services where specifically requested by the City. The Architect shall be compensated for such additional services in the same manner as established in SECTION 5 of this SUPPLEMENT for compensation of services. SECTION 4: TIME OF PERFORMANCE The Architect shall begin Services related to this SUPPLEMENT with the Award of the Contract for Construction. The Services provided by the Architect shall terminate with the City's acceptance of the subject project. SECTION 5: COMPENSATION 5.1 The City agrees to pay the Architect on a Time and Material basis. The Architect has estimated that the performance of services indicated in SECTION 2 of this SUPPLEMENT will require a fee of One Hundred Forty-Five Thousand, One Hundred Eighty-Five Dollars ($145,185). 5.2 Reimbursable Expenses: In addition, the City agrees to pay the Architect for reimbursable expenses such as reproduction and long distance telephone costs at a rate of 1.05 times the direct cost billed to the Architect. The Architect's estimate for reimbursable expenses is Four Thousand Five Hundred Dollars {$4,500). The Architect will include with the invoice receipted bills or other documents reasonably required by the City. Page 5 of 11 $.3 Tt~ Architect and tN City agree that the amounts Indicated tn Secttons S.1 and S.2 of this SUPPLEMENT, for fees and reimbursable expenses respec- tive]y, shall not be exceeded except by ~ritten instrument from the City. The Architect and the Ctty agree that these sa~ a~unts shall be increased by ~rttten instrument, if ~qulred, to enable the Architect to properly perform the servtces indicated herein to the conclusion of the project. 5.4 A WORKLOAD PROJECTION attached as "Exhibit lB" of this SUPPLEMENT out- lines the estimated expenditures of hours and fees anticipated to be spent each month on this Project by the Architect and his consultants. The WORKLOAD PROJECTION, to the extent possible, is based on the Architect's estimate of construction activities to be performed by the Contractor for Construction of the subject project. 5.5 Labor charges will be according to the SCHEDULE OF CHARGES attached as "EXHIBIT 1C" of this SUPPLEMENT. The rates include compensation for direct labor, indirect labor overhead, general and administrative overhead, and pro- fit for the Architect and that of outside consultants. The costs of outside Sub-consultants shall be billed to the City at a multiple of 1.1 times the amounts billed to the Architect for such services. 5.6 Payments due the Architect for Services and Reimbursable Expenses shall be made monthly and shall be in proportion to the services performed and expenses incurred. 5.7 All invoices for payment submitted to the City shall be accompanied by Monthly Progress Reports delineating the nature of the services performed by the Architect and his consultants where appropriate in support of the subject project. Page 6 of 11 SECT[ON 6: SUBCONTRACTS Architect shall be as fully responsible to the City for the negligent acts and omissions of his consultants, and persons either directly or indirectly employed by them, as he is for the negligent acts and omissions of persons directly employed by him. SECTION 7: INSURANCE Architect agrees to provide and maintain the following new policies of in- surance specific to this Project for the duration of work performed by the Arch i tec t: 7.1 Worker's Compensation and Employer's Liability Insurance: 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." 7.2 Public Liability Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) 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 MILLION DOLLARS ($1,000,000.00) on account of any one occurrence. 7.3 Property Damage Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for damage to the property of each person on account of any one occurrence. Page 7 of 11 7.4 Contractural Liability Insurance: Architect shall take out and main- rain during the life of this SUPPLEMENT 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 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 contractural lia- bility, or alleged contractual liability arising out of any contract entered into by Architect and/or any of its agents or employees in order to perform the work defined herein. 7.5 It is agreed that the insurance required by Subsections 7.2, 7.3, and 7.4 shall be in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS {$1,500,000.00) and 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 the insurance described above shall be provided to City upon execution of this SUPPLEMENT 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 Francisaco shall be primary as to any other insur- ance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." Page 8 of 11 SECTION 8: HOLD HARHLESS, DEFENSE AND INDEMNIFICATION The Architect hereby affirms to abide by the following Hold Harmless, Defense and Indemnification clauses: 8.1 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 SUPPLEMENT. B.2 In order to make certain that Architect will have adequate resources to fully carry out its responsibilities pursuant to subparagraph 8.1 above, Architect shall, during the life of this SUPPLEMENT, maintain professional liability (e.g. errors and omissions) insurance for all operations of Architect under this SUPPLEMENT. Said insurance shall be in an amount of not less than One Million Dollars {$1,000,000.00), shall contain a provision that such insurance shall not be reduced or cancelled 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. SECTION 9: ASSIGNMENT 9.1 The Architect shall not assign any of its rights nor transfer any of its obligations under this SUPPLEMENT without the prior written permission of the City, which permission may be withheld at the sole discretion of the City. Page 9 of 11 SECTION 10: TEP, HINATION OF CONTRACT 10.1 For Cause: If, through any cause, either party fails to fulfill in a timely and proper manner its obligations under this SUPPLEMENT, or if either party violates any of the covenants, agreements or stipulations of this SUPPLEMENT, the other party shall thereupon have the right to terminate this SUPPLEMENT by giving to the party in violation written notice of such termination and specifying the effective date thereof at least five (5) days prior to the effective date of such termination. 10.2 For Convenience of the City: The City may for its own convenience terminate this SUPPLEMENT at any time by giving written notice to Architect of such termination and specifying the effective date thereof, which notice shall be given at least fifteen {15) days prior to the effective date of such termi nati on. SECTION 11: 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 under this SUPPLEMENT. The Architect further covenants that, in the performance of this SUPPLEMENT, no persons having any such interest shall be employed. SECTION 12: NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Page 10 of 11 Nottces requtred to be given to the Ctt¥ shall be addressed as follows: Barbarm Battaya, City Clerk CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to the Architect shall be addressed as follows: Mr. Julian D. Munoz, Principal GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC. 457 Forbes Boulevard South San Francisco, California 94080 SECTION 13: The parties hereto hereby agree that, except as provided herein, all of the provisions of the AGREEMENT shall continue unchanged and shall remain in full force and effect. In witness whereof, the following duly authorized representatives of the City and Architect have signed in confirmation of this SUPPLEMENT No. I to the AGREEMENT. Dated CITY OF SOUTH SAN FRANCISCO, a municipal corporation C. Walter Birkelo - City Manager Attest: Barbara Battaya - City Clerk GROUP 4/ARCHITECTURE, RESEARCH AND ,~LANNING, INC. J~es P. Oierkes AIA- Secretary Approved as to form: Valerie J. Armento - City Attorney Page 11 of 11 EXHIBZT lC SCHEDULE OF CHARGES FOR GROUP 4 PERSONNEL Employee Cla ss i fi cati on Principals Current Rate SBO.OO/hour Anticipated Rate Before End of Project S80.O0/hour Project Manager 54.90/hr 60.39/hr Professional Thomas Pan 47.42/hr 52.16/hr Charles Ham 54.gO/hr 60.39/hr Tim Carter 45.89/hr 50.47/hr Michael Murdock 41.7g/hr 45.97/hr Technical Stanley Wong 31.68/hr 34.85/hr Di anne Whitaker 29.12/hr 32.03/hr Andre Rothbl att 24.96/hr 27.45/hr Cl eri cal Miki Mori 31.6B/hr 34.85/hr Barbara Reed 41.59/hr 45.75/hr New Employees 2.75 times DPE same (Direct Personnel Expense) The Current Rate schedule shown above reflects actual employee billing rates which have been calculated by taking the Direct Personnel Expense {direct salary plus benefits costs) times a multiple of two and three-quarters {2.75). The Anticipated Rate schedule is an estimated forecast of the billing rate per hour adjusted to include increases in base salary to employees over the life- time of the Project. In every instance, with the exception of Principals, the City would be billed on the basis of a multiple of two and three-quarters {~_.75) times the Direct Personnel Expense. Page 1 of 1