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.
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