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.
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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 ($1,000,000.00),
insuring City~ its elective and appointed boards, commissions~.
officers, agents and employees and Architect against damages
sustained by reason of any action or actions at law or iF,
equity, and or any claims or demands by reason of any breach
or alleged breach of any contract,, or' provisions thereof, or
by reason of any contractual liability, or alleged contractual
liability arising out of any Contract entered into by Architect
and/or any of its agents and employees in the performance of
this Agreement.
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(e) It is agreed that the insurance requ'ired by Subsections [b)~
(c) and {d) shall be in an aggregate amount o~ not less than
One Million Five Hundred Thousand Dollars ($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.
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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.
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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
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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