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HomeMy WebLinkAboutReso 213-1985 RESOLUTION NO. 213-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A CONSULTANT SERVICES AGREEMENT FOR COMPLETION OF THE HISTORICAL SURVEY 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, South San Francisco Historical Survey" between the City of South San Francisco and the firm of Bonnie L. Bamburg for the completion of the Historical Survey 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 25th day of September , 1985 , by the following vote: AYES: NOES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None ABSENT: None ATTEST: ~%y C1 ~~erk EXHIBIT "1" TO RESOLUTION NO. 213-85 CONSULTANT SERVICES AGREEMENT SOUTH SAN FRANCISCO HISTORICAL SURVEY THIS AGREEMENT is made at South San Francisco, California, as of , 19 , by and between the CITY OF SOUTH SAN FRANCISCO, a municiPal corporation Ihereinafter referred to as "CITY") and The Firm of Bonnie L. Bamburq. ,(hereinafter referred to as CONSULIANI")', who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall 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 rendered pursuant to this.Agreement at the conclusion of each phase in the amounts set forth in Exhibit "B" attached hereto and by this reference incorporated herein as though set forth verbatim. The payments specified im Exhibit "B" shall be the only payments to be made to Consultant for services rendered pursuant ~o 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 I , 1986 , unless sooner terminated as provided in Paragraph 11 herein. 5. Ownership of Documents. City shall have full and complete access to Consultant's working papers, and other documents during progress of the work. All documents of any description prepared by Consultant shall become the property of the City at the completion of the project. The Consultant may retain a copy of all material produced pursuant to this Agreement for its use in its general business activities. 6. Insurance. The Consultant shall take out and maintain during the life of this Agreement the following policies of insurance: (a) 14orker's Compensation and employers' liability insurance in the statutory coverage. In signing this Agreement, the Consultant makes the follow- ing certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against 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 work of this Agreement." (b) 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. (c) 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~ (d) Contractual Liability Insurance: Consultant shall take out and maintain during the life of this Agreement an insurance policy in the amount of at least ONE MILLION DOLLARS ($1,000,000.00), insuring City, its elective and appointive boards, commissions, officers, agents and employees, and Consultant against damages sustained by reason of any action or actions at law or in equity, and/or any claims or demands'by reason of any breach or alleged breach of any contract, or provisions thereof, or by reason of any contractual lia- bility, or alleged contractual liability arising out of any contract entered into by Consultant and/or any of its agents or employees in order to perform the work defined herein. (e) 'It is agreed that the insurance required by Subsections b, c and d shall be 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 the 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.~ Hold Harmless, Defense and Indemnification. (a) Consultant shall hold harmless, indemnify and, at City's request, defend City, its employees, agents, officers, boards and commissions, whether elected or appointed, from and against all claims, demands, actions, causes of action, losses, damages, liabilities, Costs and expenses, including but not limited to attorney's fees or obligations, for or in connection with oersonal injury, including but not limited to, death, or damage to property, both real and personal, which arises out of or is in any way connected with the negligent act, error or omission of Consultant, its agents, subcontractors or employees in connection with the performance of this Agreement. -2- lb) In order to make certain that Consultant will', have adequate re- sources to fully carry out its responsibilities pursuant to subparagraph la) above, Consultant shall, during the life of this Agreement, maintain profess- ional liability (e.g. errors and omissions) insurance for]all operations of Consultant under this Agreement. Said insurance shall be in an amount of not less than One Million Five Hundred Thousand Dollars 151,500,000), 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 So the approval of the City Attorney as to form, amount and carrier. 8. Use of Subcontractors. The Consultant shall not subcontract any services to be provided hereunder, except for service firms engaged in reproduction, typ- ing and printing. Consultant shall be sol ey responsible for reimbursing any subcontractors and the City shall have no obligation to them. 9. Assignment. 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. 10. Termination of Contract for Cause. If, t~rough any cause, either party to this Agreement shall fail to fulfill in a timely and proper manner obligations under this A§reement 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 before the effective date of such termination. In the event of such termination, all finished or unfinished documents, data, surveys, drawings, maps and reports pre- pared by the Consultant shall become the property of the City, and the Consultant shall be entitled to 'receive just and equitable compensation for any work com- pleted prior to notice of termination on such documents and other materials, including costs of preparing such documents and files for delivery and delivery to the City on the basis of the Consultant's fee schedule. 11. Termination for Convenience of the City. The City may for its own 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. 12. Consultant's Qualifications. By executing this Agreement, Consultant holds itself out as a qualified Historical/Revitalization Consultant, possessing the experience and specialized skills necessary to perform the tasks mentioned in Paragraph I herein and agrees it will render to the best of its ability the services described in that paragraph during the full term of this Agreement. 13. Consultant's Status. (a) The services shall be provided City as set forth herein by Consultant as an independent consultant as defined in Labor Code Section 3353, under the general control of the Deputy City Manager/CD&A of the City of South San Francisco, concerning the results of the work, but not the means by which such result is accomplished. Nothing herein contained shall be construed to make the Consultant an agent or employee of City while providing said services, and Consultant shall be entitled to no other benefits or compensation as provided herein. -3- -14.' Interest of Consultant. lhe Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that, in the performance of this contract, no persons having any~uch interest shall be employed. 15. Notices. All notices herein required shall be in writing, and shall be delivered in person or sent by certified mail,.posta§e~prepaid. 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: The Firm of Bonnie L. Bamburg 247 North Third Street, Suite 200 San Jose, CA 95112 IN WITNESS WHEREOF, duly authorized representatives of the City and the Consultant have signed in conformation of this Agreement as of the day and year first above written. CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, CA. 94080 ATTE ST: Mayor City Clerk -4- EXHIBIT "A" SCOPE OF SERVICES/TIMETABLE PROJECT DURATION: 7 Months PROJECTED COMPLETION: May l, 1986 TASK I - ORGANIZATION AND ANALYSIS OF EXISTING MATERIALS - l½ MONTHS A. Collection and review of materials previously prepared by the South San Francisco Historical Society. B. Data to be organized to show location of sites, monuments, and areas of historic, cultural and/or architectural importance. C. Letters to be sent to all organizations and agencies that may be interested to describe the project and solicit input and assistance. D. Final definition of survey boundaries. TASK II - TRAINING OF VOLUNTEERS - 6 MONTHS (CONCURRENTLY) A. Provide for training of community volunteers to become capable of providing quality survey and research work. B. Content: Five weekly classes of 2.5 hours followed by classes on five alternating weeks to allow interaction and assistance as research is undertaken. TASK III - ORGANIZE AND SUPERVISE A BLOCK TO BLOCK SURVEY OF THE CITY - 3½ MONTHS A. Building upon survey work previously undertaken, site survey will identify individual sites, structures and monuments of significance. B. Ongoing review of volunteers work and preliminary determination of significance by consultant. TASK IV - COMPLETION OF RESEARCH NECESSARY FOR HISTORIC SIGNIFICANCE OF RESOURCES/ ARCHITECTURAL EVALUATION 1½ MONTHS A. Research necessary for Task V. TASK V - COMPLETE STATE HISTORIC'RESOURCES'INVENTORY FORMS'(DpR 523) AND HISTORIC DATA ENCODING~FORMS (DPR 660)' '1 MONTH~ A. Team members involved in making determinations of eligibility. TASK VI - REVIEW AND RECOMMENDATIONS FOR CITY'S'ZONING ORDINANCE' 1½ MONTHS A. Zoning Ordinance will be reviewed and recommendations for administrative policies that encourage historic preservation will be provided. Task I Task II Task III Task IV Task V Task VI EXHIBIT "B" COMPENSATION Task - Review Existing Work - Volunteer Training - Site Survey - Review Data for Significance - Complete Survey Forms - -Zoning Ordinance Recommendations TOTAL FEE: Amount $1,350 $5,250 $3,300 $1,200 $2,850 $1,o5o $15,000 % 9% 35% 22% 8% 19% 7% CURRENT FEE SCHEDULE Principal Project Manager Technical Staff - Level 4 Technical Staff - Level 3 Clerical - Level 2 Intern/Students $50.O0/hr $45.00/hr $40.O0/hr $35.00/hr $24.00/hr $20.O0/hr