Loading...
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.