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HomeMy WebLinkAboutReso 125-1985RESOLUTION NO 125-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN ARCHITECTURAL SERVICES AGREEMENT FOR THE AIRPORT BOULEVARD LANDSCAPE PROJECT BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement. The Agreement entitled "Architectural Services Agreement" between the City of South San Francisco and Singer & Hodges, Inc. for Airport Boulevard Landscaping is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1." 2. Execution of Agreement. The City Manager is 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 26th day of June , 1985, by the following vote: AYES: NOES: ABSENT: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None Councilmember Richard A. Haffey EXHIBIT "1" TO RESOLUTION NO. 125-85 ARCHITECTURAL SERVICES ,AGREEMENT THIS AGREEMENT, entered into this day is by and between the CITY. OF SOUTH SAN FRANCISCO,. a municipal corporation (hereinafter the ty") and Singer & Hodges, Inc. · · (hereinaf~ter "Architect"), who agree as 1. General. This Argreement pertains to architectural and related professional -services for , Airport Boulevard Lapdscaoina 2. Scope of Services. Subject to the terms and conditions set forth t~J this Agreement, Architect shall provide to City the services described in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim. 3. Time of Performance. Architect shall begin work within seven (7) days following the execution of this Agreement and upon written notice by City ·· to proceed. Architect agrees to complete the services required under this contract within one hundred ninety {190) da~s from. the Notice to Proceed,· except that Architect shall not be responsible for any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, or strikes not caused by the unfair labor practices of Architect or delays of subcontractors due to such causes; provided that the Architect shall, within ten (10) days from the beginning of any such delay, notify·the City in writing of the causes o.f~delay. 4. Compensation. City shall pay Architect the amounts set forth i~. Exhibit "B" attached hereto and by. this reference incorporated herein as though .-''' · set forth verbatim. · '$. Method of Payment. The Architect shall submit monthly invoices io the City for services rendered, and City shall tender payment to Architect based upon said invoices within thirty (30) days after receipt of same, , contingent upon approval by City as to the satisfactory performance of the '- work. 6. Ownership of Documents. The City shall have full and complete access · to Architect"s ca)culations, drawings, specifications and other documents ~urtng progress of the work, All such documents prepared by Architeci shall become the property of the City upon completion of the project or termination of this Agreement. The Architect may retain a copy of all material produced by Architect pursuant to this Agreement for use in its general business activities. Should the City desire to use the work completed under this Agreement for purposes other ~han those intended under· thislAgreem~nt, the City will notify Architect in writing prior to any other reuse'of saiO documents. 7. City Furnished Material. The City agrees to make ava(lable to Architect all dra~ings, specifications, and other existing documents pertaining to the project currently in the possession or control of City,. 8. Insurance~ The Architect shall take out ~nd maintain during the life of this Agreement the following policies of insurance: (a) %4orker's 'Con(pensation and Employer's'Liability Insurance providing full statutory coverage. 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 Compensa- . . tion or to undertake self-insurance in · accordance with the provisions of the Code and !-will comply with such pro- visions before commencing the perform- ance of the work of this Agreement," (b) Public Liability Znsurance. In an amount not less'than FIVE ItU)IDRED THOUSAND DOLLARS ($500,00D.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~of not less .than ONE )IILLION DOLLARS ($1,000,000.00) on account of any one occurrence. - (c) Property Damage InSuranceJ In an amount of not .less.than FiVE HUNDRED THOUSAND OOLLARS ($500,000.00) for damage to the property of each person on account of any one occurrenceL (d) Contractual Liability Insurance. Architect shall take .out and maintain during the life of th~s Agre&ment an insurance 'policy in the amount of at least ONE MILLION OOLLARS ($1,000,000.00), insuring City, its elective and appointed boards, commissions, officers, agents and employees and Architect against ·damages sustained by reason of any action or actions at la~ 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 a6y contractual liability, or alleged contractual liability arising out of any contract entered into by Architect and/or any of ~fts agents, and employees in the performance of this Agreement. -2- (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 tnsureds the City of SouthSan Francisco, its elective and appointive boards, officers, agents and employees, with.respect to. operations performed by the Architect, as described herein. Evidence of said insurance described above sh.a11 be provided to City upon execution of this Agreemen~ and shall be'subject to the approval of the City Attorney as.to .form, amount and carrier. The policy df insurance shall also contain a provision indi- cating that such insurance shall not be reduced or'cancelled except upon thirty (30) days written notice to City. In addition, the followfng endorsement shall be made on said policy.of insurance: 'Notwithstanding any other provision~ in thtSl policy, the insurance afforded hereunder the City of South San Francisco shall be pti- - mary as to anY other insurance or reinsurance. covering or available to the City of South San Francisco, and such other insurance or reinsu~-' 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," ' 'g. Hold Harmless, Defense and Indemnification. '~ ia) ArChitect sha)l hold harmless, indemnify and, at City's re- quest., defend City, its employees, agents, officers, boards and commissions, whether elected or appointed, from and against all claims,: ~emands, actions,'. causes of action, losses, damages, liabilities, costs and expenses, including but. not limited ~o attorney's fees.or obligations, for or in-connection w~th ' '--- personal injury, including but not limited to, death, or damage, to-property, .. both real and personal, which arises out of or is in any ~ayconnected with .. the negligent'act, error or omission of Architect, its agents, Subcontractors or employees in connection with the performance of this Agreement~. m' (b) In order to make certain that'Architect will'~ave adeqUat& resources to fully carry out his responsibilities pursuant to subparagraph (a)i. above, Architect shall, during the life of this Agreement, maintain professional' ' liability (e.g. errors and omissions) insurance for all operations of Archit~t under this Agreement. Said insurance shall be in an amount of ~ot less than .... One Million Five Hundred Thousand Dollars ($1,S00,000), shall 6ontain a pro- vision 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. 10. Use of Subcontractors, Architect shall not subcontract for any services to be performed under this Agreement without the prior written per- mission of City. Architect shall be solely responsible for reimbursing any subcontractors and theCity shall have no obligation to them, 11. AsSignment, Architect shall not assign any of its rights nor transfer any of its obligations under this Agreement w.ithout ~he prior written permission of the City, which permission may be wi.thheld at the-sole discretion of the City. · 12. Termination of CJntract. (a) For Cause: If, through any cause, either party fails to Yulfill (n a timely and proper manner its obligations under 'this Agreement, or if either party.violates any of the covenants, agreements or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement 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. (b) For Convenfence of the City:' The City may for its own.c.o? Yenience terminate this Agreement at any time"by giving written notice to Architect of such termination and'specify- ing the effective date thereof, which notice shall be given at least fifteen (15) days prior to the effective date of such termination. 13. Architect's' QUalifications. By executing thi~ Agreement, ArChitect holds itself out as a qualified Architect~'possessing the experience aod sPocial~- tzed skills necessary to perform the tasks set forth in Paragraph I herein and agrees that it will render to the best of its ability-the servi~e~'~drtbed in .... -'' said paragraph during the full term of. this Agreement. ' .... '" X'4. Architect's Status, .. (a) The services set forth in this Agreement. shall be provided to City by the Architect as an independent consultant as defined in Labor Code Section 3353, under the general-control of the Director of Recreation and Community Services '" ~f the City of South San Francisco concerning the results of the work, but not the means.-by which such result is accom- plished. Nothing herein contained shall be construed to make the Architect an agent or employee of City while providing said Services, and Architect shall be entitled to no other benefits or c~pensation than those provided herein. (b) Nothing in this Agreement shall be construed to c~ea~e the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than those of independent contractor between the City and Architect. -4- 15~ Interest of Architect. Architect covenants that it presently has no interest and ~all not acquire any interest, d(rect or indirect, that would con- flict in any manner or degree with the performance of services required to be performed under this Agreement. The Architect further covenants that, in the · performance of this Agreement, no persons havtng any such interest shall be employed. 16~ Notices'. All notices herein required shaql be in writing, and shall be delivered.in person or sent by certified mail, -return receipt requested, postage prepaid. Notices required to be given to City shall .be addressed as fol 1 ows: · Director of Recreation and Community Services P.O. Box 711' 'South San Francisco, California 94083 Notices required to be given to Architect ~ha~l be addrJssed as follows: Singer and Hodges, Inc. 1512 Franklin Street '-' Oakland, CA 94612 17. Merger. This Agreement supercedes any and all other agreements, either oral or in writing, between the parties hereto with-respect to the .. subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf · of any party, which are not embodied herein, and that no other agreement, statement or promise not contained herein shall be valid o~ binding. : _ IN WITNESS WHEREOk, the duly authorized representatives o~ ~ -and the.Architect have caused this Agreemeqt.to, be executed o~.the date here-. inabove set forth, ARCHITECT ATTEST: CITY OF SOUTH SAN FRANCISCO, a municipal corporation' By: C~ty Manager. City Clerk EXHIBIT "A" SCOPE OF SERVICES/TIMETABLE A. Working Drawings and' Specifications Preparation of working drawings and specifications for necessary site work including removal of' sidewalk, retaining wall and fence construction, grading, import top-soil, drainage, planting and irrigation. 2. Work submitted for review by City staff 3. Final Corrections/Submittal to City B. Bid Process Architect shall assist the City during the bid period by: a) answering contractor's questions b) reviewing bids c) review of lowest qualified bidders C. Construction Observation Archiect shall make four (4) visits to the site during construction to ascertain if the landscape work is generally proceeding in conformance with the drawings and specifications. On the basis of such on-site observations architect shall keep the owner informed of the progress and quality of work. Construction observation shall include irrigation, planting, miscellaneous'landscape construction and one (1) punchlist. Additional construction observation requested by client shall be billed as additional services. 10 weeks (6 weeks) (2 weeks) (2 weeks) weeks 12 weeks Total: 27 weeks EXHIBIT "B" COMPENSATION TOTAL: $6,900.00 Fee for the services outlined in Exhibit "A" Reimbursable Expense (not to exceed) Expense of reproductions (not including bid sets), 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 renderings, models and mock~ups requested by the owner, not included in the scope of Landscape Archit6cturai Services. 4. Expense for courier service or express mail required - by client. C. 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 $55 per hour $45 per hour $35 per hour $25 per hour $6,400 $ soo