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HomeMy WebLinkAboutReso 84-1985 RESOLUTION NO. 84-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN ARCHITECTURAL SERVICES AGREEMENT FOR THE MUNICIPAL SERVICES BUILDING EXPANSION 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 Group 4/Architecture, Research and Planning, Inc. is hereby approved, and a copy of said Agreement is attached hereto as Exhibit 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 24th day of April , 1985 , by the following vote: AYES: NOES: ABSENT: Councilmembers Mark N. Addiego, Emanuele N, Damonte, Richard A. Naff~y, Gus Nicolopulos; and Roberta Cerri Teglia None None City Clerk ~ 'HIBIT "1" TO RESOLUTION NO. 84-'- ARCHITECTURAL SERVICES AGREEMENT. THIS AGREEMENT, entered into this' 22nd day of May 19 85 is by and between the CITY OF SOUTH SAN FR-A~Ci5~(~, a muhicipal (hereinafter the "City") and Group 4/Architecture, Research and Planning., Inc. {here~naf~'r ~'"~rc[i~itect''}, 'who agree as- f61 lOwS: · 1. General. ~his Argreement'pertains to architectural and related professional ~ervices for _,.Munici, p.a_l. Servi, ces Building_Ex~3ansion Pro. je. ct, 2; Scope of Services'; 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° 3. Time of Performance. Architect shall begin work within se.ven (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 225 days from the Notice to Proceed~ except that Architect' ~h'a~l not'be fespon~61e 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 of delay. · 4] Compensation. City shall pay Architect the amounts set forth in Exhibit "B" attached he'reto and by this reference incorporated herein as though set forth verbatim. 5. Method of Payment. The Architect shall submit monthly invoices to the City for.'serviceS rendere~, 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~calculations, drawings, specifications and other documents during progress of the work. All such documents prepared by Architect 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 than those intended under this Agreement, the City will notify Architect in writing prior to any other reuse of said documents. ( 7. City Furnished Material. The City agrees to make available to Architect all drawings, specifications, and other existing documents pertaining to the project currently in 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: Worker's CompensatiOn 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 I will comply with such pro- visions before commencing the perform- ance of the work of this Agreement." {b) Public Liability Insurance. In an amount not less than FIVE HONDRED )~O'UsAND DOLL~$500,O00.O0) 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 Damage Insurance. In an amount of not less than FIVE HUNDRED THOUSANDDOLLARS ($500,000J00) for damage to the property of each person on account of any one occurrence. (d) Contra,ctual L~iabilits Insurance. Architect shall take out and maintain during the llfe °fthis Agreement an insurance policy in the amount of at least ONE MILLION DOLLARS ($1,000,000.00), insuring City~ its elective and appointed boards, commissions~. officers, agents and employees and Architect against damages sustained by reason of any action or actions at law or iF, equity, and or any claims or demands by reason of any breach or alleged breach of any contract,, or' provisions thereof, or by reason of any contractual liability, or alleged contractual liability arising out of any Contract entered into by Architect and/or any of its agents and employees in the performance of this Agreement. -2- (e) It is agreed that the insurance requ'ired by Subsections [b)~ (c) and {d) shall be in an aggregate amount o~ not less than One Million Five Hundred Thousand Dollars ($I,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 Architect, as described herein~ Evidence of said insurance de,scribed above shall be provided to City upon execution of this Agreement and shall be subject to the approval of the City Attorney as to form, amount and carrier. The policy of 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 following endorsement shall be made on said policy of insurance: 'Notwithstanding any other provisio'~s 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." 9. Hold Harmless, Defense and Indemnification. (a) Architect shall hold harmless, indemnify and, at City's re- quest, defend City., its employees, agents, officers, boards and co~missions, 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 Architect, its agents, subcontractors or employees in connection with the performance of this Agreement. (b) 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 this Agreement, maintain 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), 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. -3- 10. Use of Subcontractors. Architect shall not subcontract for any services to be pertormed under tn]s 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 Architect shall not assign any of its rights nor transfer a~y of ~s obligations under this Agreement without the prior written permission of the City, which permission may be withheld at the sole discretion of the City. 12'. Terniination of Contract. For Cause: If, through any cause, either party fails to fulfffl ih 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 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 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 this Agreement, Architect holds itself out as a qualified Architect, possessing the experience and special- ized 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 services described in said paragraph during the full term of this Agreement. 14. Architect's Status. 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 Directorof Recreation and Community Services of the City of South San Francis-co 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 compensation than those provided herein. (b) Nothing in this Agreement shall be construed to create 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 T Architect. Architect covenan that it presently has no interest and shall not acquire any interest, direct 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 --- performa.nce of this Agreement, no persons having any such interest shall be empl oyed. 16. Notices. All notices herein required shall be in writing, and shall be delivered in person or sent by certifi:ed mail, return receipt requested~. .postage prepaid. Notices required to be given to City shall be addressed as fo 11 ows: City Clerk P'. O. Box 711- SoUth San 'Francisco, CA. 94082 Notices required to be given to Architect shall be addressed as follows: Group 4/Architecture, Research and Ptannin~ Inc~ 457 Forbes Blvd. SoUth San ~ranc~sco, CA. ~40~0 '- 17~ Merger~ This Agreement supercedes any and all other agreements, either oral or in writing~ between the parties hereto wi-th 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 or binding~ IN WITNESS WHEREOF~ the duly authorized representative~ of the City and the Architect have caused this Agreement to be executed on the date here- inabove set forth. ATTEST: GROUP 4/ARCHITECTURE, RESEARCH & PLANNING~ INC~ ARCHITECT By: ~/~ian D. Munoz, President Wayne E. Gehrke, Treasurer CITY OF SOUTH SAN FRANCISCO, a municipal corporation -5- ( ( EXHIBIT "A" MUNICIPAL SERVICES BUILDING EXPANSION PROJECT SCOPE OF WORK PHASE I - CONSTRUCTION DOCUMENTS April" 1 - May 15, 1985 General Task: Based upon approved Master Plan, prepare .Construction Drawings and SpecificAtions. Prepare Statement of Probable Construction Cost. Assist with preparation of bid documents. PHASE ri -'BIDDING PHASe' May 15 - July 15, 1985 General Task: l~ Assist City in obtaining and evaluating Bids PHASE IIX - CONSTRUCTION. PHASE General Task: 'l.- Site visits/preparation of status reports 2. Review-of.Contractors pa~ent request .3. -Clarification of the Construction Documents 4. Assist with final inspection July 15 - December l, 1985 EXHIBIT "B" MUNICIPAL SERVICES BUILDING EXPANSION PROJECT FEE SCHEDULE Fixed Fee: Phase I Construction Documents (60%) $26,500 Phase II Bidding Phase (05%) $ 2,000 Phase III Construction Phase (35%) $14,000 Sub-Total $42,500 Estimated Printing/Other Miscellaneous Project Expenses Total 750 $4.3,25o