HomeMy WebLinkAboutReso 182-1985 RESOLUTION NO. 182-85
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN
SERVICES TO THE CITY OF SOUTH SAN FRANCISCO
BE IT RESOLVED by the City Council of the City of South San Francisco that:
1. Approval of Agreement.
The Agreement entitled "Agreement for Architectural Services with Group
4/Architecture, Research and Planning, Inc." between the City of South San
Francisco and Group4/Architecture, Research and Planning, Inc. for design and
construction document services for the Magnolia Center Renovation Project is
hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1."
2. Execution of Agreement.
The City Manager 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 28th day of August , 1985 , by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey,
Gus Nicolopulos; and Roberta Cerri Teglia
None
None
ATTEST: ~ity Cler~~
ARCHITECTURAL SERVICES
AGREEMENT
lliIS ASREEMENT,' entered *into.'~'thts 17th day of. ~.t~he~ · 1985,
is by and betmaeen the CIIY OF. SOUTH SAN FRANCISCO, a. municipal corporation
(hereinafter the "City") and GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC.
-(hereinafter the "Architect"), who agrees as follqws:
1. General. This Agreement pertains to architectural and related
professional services for design of the renovation of the former Magnolia
School at southwest corner of Magnolia and Grand Avenues, South san Francisco,
California for use as a senior and co,~munity center.
lhe 'Project 'shall generally follow the conceptual design for ~.
s.~ior center in ~he Magnolia Center Master plan and Implementation Strategies
Study dated June-1984. In addition to the project information included iN the
Study, the Project shall include an elevator, a new tower to replace the
building's original tower, and an adult daycare, center to be located in o~e or
-more of the activity rooms. The construction cost shall' not exceed Two
Million, Four Hundred Thousand Dollars'($2,400,O00.) except if specifically
~uthorized by the City. The Project shall include development of the City's
property at the Project site.
2. Scope of Ser~v[c. es__. Subject to the terms and conditions set forth
in 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.
EXHIBIT "1" 'TO RESOLUTION NO. 182-85
3. Tim~ oF. Performance. Architect shall~,egin work within seven (7)
days following the xecution of this Agreement ano apon Written notice by City
to proceed. Architect agrees to complete the servfces required under this
contract within two years f~om the NotiCe to Proceed, except that Architect
shall not be responsible for any delay in,the completion of the work caused by
acts o~ God oK 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 s'ubEontractors due to such causes; provfded that the
ArChitect Shall, within ten (10) days from the beginning of any such delay,
notify the C(ty.in writing'of the causes of delay.
' 4. Compensation. City shall pay Architect the amounts set forth in
Exhibit "B" attached hereto and by this reference incorporated herein' as
thoughset'forth verbatim.''
B. Method of Paym~.n~.. The Architect shall submit monthly invoices
to the City for services rendered, and City shall tender payment to Architect
based upon said invoices within thirty (30) days after receipt of same, con'
ttngent upon approval by City as to the satisfactoryPerformance of the work.
6. Ownership of Documents. -The City shall have full and complete
access to Architect's calcolations, drawings, specifications and other docu-
ments during progress of the work. All such documents prepared by'Architect
shall become the property of the City upo~ completion of the project or termiL
nation of this Agreement. The Architect may retain a copy of all material
produced by Archit~t 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 than. those intended under this Agreement,
the City will notify Architect in writing prior to any other reuse of said
documents'
7. City F~cnished Materials. -
The City agrees to make available to Architect a'm~ drawings, specifications,
and other existing documents pertainin~ to the project currently tn the
possession or control of City.
8. Insurance. The Architect shall take out and maintain during the
life of this Agreement'the following policies of insurance:
(a) Worker's Compensation and Emp.loyer'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 provision~ of Section 2700
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 comnencing the performance of the work
of this Agreement."
(b) Public .Liability Insurance. In an amount not less than Five
Hundred l~ousand Dollars {$$00,000.00) for injuries including
but not limited to, death to' any one person and subject to
the same limit for each person, in an amount of not less than
.One Million Dollars {$1,000,000.00) on account of any one
occurrence.
(c) property, Damgge~ns~uKaQc_e~ In an amount of 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) '~CoQ~ractual. Liability Insurance. --~rchitect shall take out
an~ maintain during the life of ~.,is Agre~ement an insurance
policy in the amount of'at least One Million Dollars
($1,000,000.00), insuring City, its elective and appointed
boards, commissions, o£ficers, agents and employees and
Architect against damages sustained by reason of any action
'or actions at law or in equity, and or any Claims or demands
· .by reason of' any breach or alleged breach' of any contract, or
provisions thereof, or by reason of any contractual liabil-
ity, Or alleged cOntractual liability arising out of any
contract entered into by Architect and/or any of its agents
and employees. in the performance of this Agreement,
(e) It is agreed that the insurance required by Subsections {b),
(c) and {d) shall be in.an aggregate amount of not less than
.One Million Five .14undred Thousand Dollars {$)~,500,000~O0) 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
sai~Linsurance described above shall be provided to. City upon.
execution of this .Agreement and shall be subject to.the
pr°val of 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 shal be primary as to any .other insurance or
reinsurance covering or avaiable 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."
Hold Harem. less, Defense and Indemnification.
(a) 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 the negligent act, error or omission' of
Architect, its agents, subcontractors or empl'oyees in
connection with the perfomance of this Agreement.
(bi In order to make certain that Architect will have adequate
resources to fully carry out his responsibilities pursuant to
subparagraph (a) above, Architect shall, during the life of
thi~-A~re~m_ ent, ma~intain professional liability {e.g. errors
and omissions) insurance for 'all operations of Architect
under this Agreement. 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 canceil'ed 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 the City shall have no obligation to them.
11. Assignment. The Architec't shall not assign any of its rights nor
transfer any of its obligations under this Agreement w.~thout the prior written
pe~ntssion of the City, which permission may be withheld at the sole d(scretton
of the City.
12. Ter~i~--tion of Contract.
(a) For Cause: If, through any cause, either party fails to
fulfill in a timely and' proper manner its obligations under
this Agreement, or if either party violates any of the cove-
nants, agreements' or stipulations of this Agreement, the
other party shall thereupon have the right to terminate this
m~ 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.
(bi For Convenience of the City: The City may for its own con-
venience terminate this Agreement at any time by giving
written notice to Architect of.such termination and specifying
the effective date thereof, which notice shall be ~iven at
least fifteen (15) days prior to the effective date of such
termination.
-- 13. Architect's Qualification__s~ By executing this .Agreement,
Architect holds itself out as a qualified Architect, possessing the experience
.and specialized skills necessary to perform the tasks set forth in Paragraph 1
herein and agrees that' it will render to the best of its ability the services
.described in ~aid paragraph during the full term of this Agreement.
14. Architect's Status:
(a)-Fhe 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 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 Architect an
agent or employee of City while providing said services, and
Architect shall be entitled to no
compensation than those provided herein.
other benefits or
(b)'No~-hing in. this Agreement shall
) construed to create the
re,ationship 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. .~
15. ~nterest of Architect. Architect covenants that it presently has
no interest' and sh~ll not acquire any interest, direct or indirect, that would
conflict in .any manner or degree with the performance of services under this
'AgCeement. The Architect further covenants that, tn the perfoma~ce of this
Agreement, no persons having any such interest shall be employed.
16. Notices. All-notices herein required shall 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 follows=
City Clerk
P. O. ~bx 7~t_
South San Francisco, CA
g4083
follows:
Notices requir_~, to be given to Architect shall
Group 4/Architecture, Research and Planning, Inc.
457 Forbes Boulevard
South San*Francisco, CA
be addressed as
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 repres~ntations~ 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 or binding.
IN WITNESS WHEREOF, the duly authorized representatives of the City
and the Architect have caused this Agreement to be executed on the date
hereinabove set forth.
GROUP 4/ARCHITECTURE, RESEARCH & PLANNING, INC.
ARCHITECT
By:
J Presi dent
By: //~ ~_~ ~// -
Wayne E. Gehrke, l'reasurer
CITY OF SOUTH SAN FRANCISCO,
a municipal corporation
Mr. Walter Birkelo, City Manager
A1-FEST:
City Clerk
EXHIBIT A:
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases described in
Paragraphs 1.1 through 1.4 and include normal structUral, mechanical and elec-
trical engineering services and landscape design.
1.0 PRELIMINARY DESIGN PHASE (3-1/2 Months)
'1.! Based upon the building program in the "Magnolia Center Master Plan and
Implementation Strategies" dated June 1984 and- any additional program
requirements given to the Architect, the Architect shall review with the City'
alte6native approaches to design and construction of the Project.
'1.2 Based on the mutually agreed upon program and Project budget require-
ments, the Architect s~all prepare, for approval by the CitY, Preliminary
Design Documents consisting of drawings and other documents illustrating the
scale-and relationship of Project components.
1.3 The Architect -shall submit to the City a Statement of
Construction Cost. based on current area, volume or other unit costs.
Probable
2,0 CONSTRUCTION DOCUMENTS PHASE (5 Months) ~
2.1 Based on the approved Preliminary Design Documents and .any further
adjustments in the scope or quality of the Project or in the Project budget
authorized by the City, the Architect shall prepare, for approval by the City,
Construction Documents consisting of Drawings and Specifications setting foKth
in detail the requirements for the construction of the Project.
2.2 The Architect shall assist the City.in thepreparatton of the'necessary
bidding information, bidding forms, the Conditions of the Contract, and the
form of Agreement between the City and the Contractor.
2.3 The Architect shall advise th~ City 'of any_adjustments to previous
Statements of Probab Construction Costs indicated changes in requirements
or gene~l market conditions.
2.4 The Architect shall assist the City in connection with the City's
responsibility for filing documents required for the approval of governmental
autho~-ities haging jurisdiction over the Project'.
3.0 BIDDING OR NEGOTIAYION PHASE (2 Months)
3.1. The Architect, foll~eing·the City's approval of the Construction Docu-
ments and of the latest Statement of Probable Construction Cost, shall -assist
the City in obtaining bids or negotiated proposals, and assist in awarding ~nd
preparing 'contracts for construction.
4.0 ADDITIONAL SERVICES
The following Services are not included i~ Basic Services. They shall
be provided if authorized or confimed in writing by the City, and they shall
be. paid for by the_City as provided in this'Agreement, in addition to the
compensation for Basic Services.
4.1 Providing financial feasibility or other..special studies~.
4.2 Providing services relative to future facilities, systems and equiPment
which are not intended to be constructed during the Construction-Phase.
4.3 Providing coordination of work performed by separate contractors or by
the City's ~n forces.
4.4 Providing services in connection with the work of a construction
manager or separate consultants retained.bythe City.
4.5 Providing D~iled Estimates of Constructi Cost, ~analyses of owning
and operating costs, or detailed quantity surveys or inventories of material,
equipment and labor.
4.6 Providing services for planning tenant or rental spaces. :
4.7 Making revisions in Drawings~ Specifications or other documents when
~such revisions' are inconsistbnt with written approvals oK'instructions pre-.
viously given, are required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of Such documents or are due to
other causes not solely within the control of the Architect.
4.8 Preparing Drawings, Specifications and supporting data and providing
other services in connection with Change Orders to the extent that the adjust-
ment in the Basic Compensation resultin~ from the adjusted Construction Cost
is not conmensurate-with the services required of the Architect, provided such
Change orders are requ)red by causes not solely within the control of the
Architect~
4.9 Providing consultation concerning replacement of any Work damaged by
¢(~e or-other cause-dUring construction, and furnishing services .as may be
requi~ed in connection with. the replacement of such Work.
4.10 Providing services made necessary by the default of the Contractor, or
by major defects or' deficiencies in the Work of the Contractor, or by failure
of performance of either the City or Contractor under the Contract for Con-
struction.
4.11 Preparing a set of reproducible record drawings showing significant
changes in the Work made-during construction based on marked-up prints, draw-
ings and other data furnished by the Contractor to the Architect.
4.12 Providing extensive assistance in the utilization of any equipment or
system such aS initial start-up or testing, adjusting and balancing, prepa-
ration of operation and maintenance manuals, training personnel for operation
and maintenance, and consultation during operation.
4.13 Providing sc ~ ices af'ter issuance to the C: of the final Certificate
for Payment, or in the absence of a final Certificate for Payment, more than
sixty days after the Date of-Substantial Completion of the Work.
4.14 .Preparing to serve or serving as an expert witness in connection ~fth
any public hearlng, arbitration proceeding or legal proceeding. Providing'
services made necessary by the default negligence or failure of performance of
.the Architect shall .not be grounds for' addition~! services or additonal
compensation.
4.15 Providing any other' services not otherwise includedtn this Agreement
or not customarily furnished in accordance with generally 'accepted architec-
o
rural practice.
EXHIBI~ B: COMPENSATIO~
The City shall compensate the Architect for the Scope of Services provided, in
accordance with the Article 4, Method of Payment, and the 'other Terms and
Conditions of this Agreement, as follows:
1.0
BASIC COMPENSATION
1.1 For Basic Services, as described in Paragraph 1.0 through 4.0, and any
other services as part of Basic Services, Basic COmpensation shal~ be a Fixed
Fee of One Hundred Eighty Thousand Four Hundred Dollars {$180,400.00)~
1.2 The Basic Compensation for each Phase shall equal the following amounts
of the total Basic Compensation payable:
2.0
Preliminary Desig? Phase:
Construction DocumerCcs Phase:
.Bidding or Negoti~-ion Phase:
COMPENSATION FOR ADDITIONAL SERVICES
$ 56,000.
116,400.
8,000.
$1B0,400.
2.1 For :Additional Services of the Architect, as described in 4.1 through
4.15 of Exhibit A, but excluding Additional Services .of consultants;
Compensation shall b~computed as follows: ... '
Principals' 1-~me at a rate of Sixty-Five Dollars ($65.00) per hour.
The Architect's e~pl°Yees at a multiple of two and·.three-quarters
(2.75) times their' Direct Personnel Expense {Direct 'Salary plus
benefits cost). The hourly fees-will generally fall into the following
ranges:.
Designer/Senior Project Staff
Project Manager
Draftsperson
$30 - $45/hour
$40 - $57.50/hour
$20 - $35/hour
2.2 For Additional Services of the Architect!s Consultants, including
additional structm mechanical and electrical angineering services, a
multiple of one and five hundredths (1.05) times the amounts billed to the
Architect for such services. '
3.OI FOR RE~M3URSABLE EXPENSES, such as reProductiOn, postage and handling,
a multiple of one and five hundredth {1.05) times the amounts expended by the
Architect,' the Architect's employees and consultants in the interest of the
Project. ~
4.O The City 'and the Architect agree in accordance with Ithe Te~ms and
Conditions of this Agreement that: If the Scope of the Project or of the
Architect's Services is changed materially, the ~mounts of compensation Shall
be equitably adjusted.