Loading...
HomeMy WebLinkAboutReso 222-1985 RESOLUTION NO. 222-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF A CONSULTANT SERVICES AGREEMENT FOR COLMA CREEK EASEMENT LANDSCAPING 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, Colma Creek Landscaping" be%ween the City of South San Francisco and Singer and Hodges, Inc. is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1." 2. Execution of A§reement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his si§nature 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 23rd day of October , 1985 , by the following v ore: AYES: NOES: ABSENT: Oouncilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey and Gus Nicolopulos None Councilmember Roberta Cerri Teglia EXHIBIT "1" TO RESOLUTION NO. 222-85 CONSULTANT SERVICES AGREEMENT PUBLIC WORKS COLM~ CREEK EASEMENT LANDSCAPING THIS AGREEMENT is made at South San Francisco, California, as of_O:'/' ~,.~ , 19 ~.~ , by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporac~on (hereinafter referred to as "CITY") and Singer and Hodges, Inc. ' ,{hereinafter referred to as "CONSUL1ANI"), 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 in Exhibit 'B' shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. 3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing its services pursuant to this Agreement. 4. Term. This Agreement shall be effective on the date first appearing above an~all continue in effect until March 1 , 19 86 , unless sooner terminated as provided in Paragraph 11 herein. 5. Ownership of Documents. City shall have full andlcomplete 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) Worker'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 Liabt,lty Insurance: In an amount ~ot less than FIVE HUUDRED THOUSAND DOLLARS ($bOO,O00.OO) for injuries including, but not limited to, death to any one per:on 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 le's than FIVE HU~DREO THOUSAND DOLLARS t$5OO,OOO.OOJ 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 in an aggregate amount of not less than One Million Five Hundred Thousand Dollars ($1,500,000) 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 Consultant as described herein. Evidence of'the insurance described above shall be provided to CITY upon execution of this agreement 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 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 c~anissions, 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 Consultant, its agents, subcontractors or employees in connection with the performance of this Agreement. -2- (b) In order to make certain that Consultant will have adequate re- sources to fully carry out its responsibilities pursuant to subparagraph ia) 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 ($1,500,000), 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 to 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 soley 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, through any cause, either party to this Agreement shall fail to fulfill in a timely and proper manner obligations under this Agreement or violate any of the covenants, conditions, or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice of such termination to the party in violation and specifying the effective date thereof at least five (5) days 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. ll. 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 Landscaoe Architect (~aRsa~l~, possessing the experience and specialized skills necessary to perform the tasks mentioned in Paragraph 1 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. ia) 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. l'he 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 such 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, postage~prepaid. Notices required to be given to City shall be addressed as follows: I X)~kt~j~Rk Lyle W. Norton P.O. Box 711 Director of Recreation and Community Services South San Francisco, CA. 94083 Notices required to be given to Consultant shall be addressed as follows: Singer and'Hodgers, Inc. 1512 Franklin Street Oakland, CA g4612 Attention: John Montague 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. 940B0 ATTEST: City Clerk -4- CITY OF SOUTH SAN FRANCISCO COLMA CREEK EASEMENT SCOPE OF SERVICE/TIMETABLE EXHIBIT "A" LANDSCAPE ARCHITECTURAL SERVICES - 2 MONTHS Singer & Hodges, Inc. shall perform the following landscape architectural services as part of the preparation of a master plan for (project/location) Colma Creek Easement. Master Plan Preparation of three (3) alternate schemes for'the Colma Creek Trail. Preparation of preliminary cost estimates. 2. Attendance at three (3) City staff meetings for review, revision and approval. Preparation of final master plan and cost estimate for Park and Recreation Commission, City Council, and public presentation. 4. Attendance at three (3) public presentation meetings for plan approval. CITY OF SOUTH SAN FRANCISCO COLMA CREEK EASEMENT COMPENSATION FOR SERVICES EXHIBIT "B" COMPENSATION FOR SERVICES A fee for the services indicated in this proposal shall be: Total Master Plan Services $4,760.00 Reimbursable Expenses not to exceed 500.00 Total $5,260.00 ADDITIONAL SERVICES Any extra services in addition to those indicated in this proposal shall be billed at the hourly rates listed below in addition to the fee indicated above. Principal Associate Draftsperson Clerical $60.00 per hour $45.00 per hour $35.00 per hour $25.00 per hour REIMBURSABLE EXPENSES Reimbursable expenses are in addition to the compensation for services and include actual expenditures made by the employees and consultants of Singer & Hodges, Inc. in the interest of the Project for the expenses listed in the following subparagraphs. Expenses of reproductions, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Landscape Architect and the Landscape Architect's consultants. 2. If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. Expense of any additional insurance coverage or limits, including professional liability insurance requested by the Owner in excess of that normally carried by Singer & Hodges, Inc. or its consultants. 4. Expense of courier service and express mail.