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HomeMy WebLinkAboutReso 85-1985 RESOLUTION NO. 85-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION AND APPROVAL OF SUPPLEMENT NO. 6 TO THE AGREEMENT TO FURNISH ARCHI- TECTURAL 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 Supplement No. 6 to A~reement. The Agreement entitled "Supplement No. 6 to the Agreement to Furnish Architectural and Related Design Services to the City of South San Francisco for the Renovation of Portions of City Hall and the Former Police Services Building, also called Civic Center Renovation, Project No. PB-81-2 and PB-81-2A" between the City of South San Francisco and Group 4/Architecture, Research and Planning, Inc. is hereby approved, and a copy of said Supplement No. 6 to the Agreement is attached hereto as Exhibit "1." 2. Execution of Supplement No. 6 to Agreement. The City Manager is hereby authorized to execute said Supplement No~ 6 to 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 8th day of May , 1985 , by the following vote: AYES: Councilmembers ~ark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: i.~~ ~ /<~~. City Clerk' S'~PPLEMENT NO. 6 EXHIBIT "1" TO RESOLUTION NO. 85-85 TO THE AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO FOR THE RENOVATION OF PORTIONS OF CITY HALL AND THE FORMER POLICE SERVICES BUILDING ALSO CALLED CIVIC CENTER RENOVATION, PROJECT No. PB-81-2 AND PB-81-2A The City of South San Francisco, hereinafter called "CITY", and Group 4/ Architecture, .Research and Planning, Inc., hereinafter called "CONSULTANT", have entered into an AGREEMENT dated September 30, 1981 in connection with the renovation of the City Hall~ and former Police Services Building (hereinafter called "AGREEMENT"), which AGREEMENT was amended on March 23, 1982 by SUPPLE- MENT No. I and on June 21, 1982, by SUPPLEMENT No. 2 to said AGREEMENT, and on October 13, 1983 by SUPPLEMENT No. 3 to said AGREEMENT, and on August 29, 1984 by SUPPLEMENT No. 4 to said AGREEMENT and on February 21, 1985 by SUPPLEMENT No. 5 to said AGREEMENT. The AGREEMENT is attached hereto as "EXHIBIT 6A", SUPPLEMENT No. I is attached hereto as "EXHIBIT 6B", SUPPLEMENT No. 2 is attached as EXHIBIT 6C" and SUPPLEMENT N6. 3 is attached as "EXHIBIT 6D" and SUPPLEMENT. No. 4 is attached as "EXHIBIT 6E" and SUPPLEMENT No. § is attached as "EXHIBIT 6F". These documents are incorporated by reference as though fully set forth herein. SECTION 1: GENERAL This SUPPLEMENT is being executed in order to provide Architectural and related design services by the CONSULTANT for portions of the City Hall, Project No. PB-81-2A, Civic Center Renovation, Phase II. The services which the CONSULTANT now agrees to perform over and above those contracted for under previous supplements are described in the following section, SECTION 2: SCOPE OF SERVICES of this SUPPLEMENT. Page I of 11 SECTION 2: SCOPE OF SERVICES Basic Services: The CONSULTANT will provide Architectural and Related Design Services during the Construction Phase of Project No. PB-81-2A. The CONSULT- ANT's Basic Services consist of the services described in Paragraphs 2.1 through 2.16 and shall include normal structural, mechanical and electrical engineering services. 2.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the CONSULTANT's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is paid. ~ 2.2 The CONSULTANT shall provide administration of the Contract for Construction as set forth below and in the CONTRACT DOCUMENTS for the Civic Center Renovation, Phase II. .2.3 The CONSULTANT shall be a representative of the CITY during the Construction Phase, and shall advise and.consult with the CITY. The CITY'S instructions to the Contractor shall be forwarded through the CONSULTANT. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in the Contract Documents unless otherwise modified by written instru- ment in accordance with Paragraph 2.16. 2.4 The CONSULTANT shall provide part-time Project Representation at the site as needed. The CONSULTANT shall become familiar with the progress and quality of the Work and determine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations, the CONSULTANT shall keep the CITY informed of the progress, and qualityof the Work, and shall endeavor to guard the CITY against defects and deficiencies in the Work of the Contractor. Page 2 of 11 2.5 The CONSULTANT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or proce- dures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry-out the Work. in accordance with the Contract Documents. Any agreements entered into between CONSULTANT and/or CITY and contractors for the project shall state that the Contractor is responsible for construction means, methods, techniques, sequences, procedures, and for safety precautions and programs in connection with the Work. 2.6 The CONSULTANT shall at all times have access to the Work wherever it is in preparation or progress. 2.7 The CONSULTANT shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Paj~nent, and shall issue Certificates for Payment in such amounts, as pKovided in the Contract Documents. 2.8 The issuance of a Certificate for Payment shall constitute a repre- sentation by the CONSULTANT to the CITY, based on the CONSULTANT's observations at the site as provided in Paragraph .2.4 and on the data comprising the Con- tractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the CONSULTANT's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Docu- ments- upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the CONSULTANT has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. Page 3 of 11. '2.9 The CONSULTANT shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the CITY and CONTRACTOR. The CONSULTANT shall render written interpretations necessary for the proper execution and progress of the Work within fourteen calendar days upon written request of either the CITY or the Contractor. Further, the CONSULTANT shall render written decisions within fourteen calen- dar days on all claims, disputes and other matters in question between the CITY and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 2.10 Interpretations and decisions of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the CONSULTANT shall, endeavor to secure faithful performance by both the CITY and the Contractor and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 2.11 The CONSULTANT's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract' Documents. The CONSULTANT's decisions on any other claims, disputes or other matters, in- cluding those in question between the CITY and the Contractor, shall be subject to arbitration as provided in this Agreement and in the. Contract Documents. 2.12 The CONSULTANT shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the CONSULTANT's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the CONSULTANT will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed. Page 4 of 11 '2.13 The CONSULTANT shall review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the infor- mation given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The CONSULTANT's review of a specific item shall not indicate review of an assembly of which the item is a component. 2.4 The CONSULTANT shall prepare Change Orders for the CITY's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work which are not inconsistent with the intent of the Contract Documents and which do not involve either an adjust- ment in the Contract Sum or an extension of the Contract Time. 2.15 The CONSULTANT shall conduct inspections to determine the Dates of Substantial Completion and Final Completion, shall receive and forward to the CITY for the CITY's review written warranties and related.' documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment. 2.16 The extent of the duties, responsibilities and limitations of author- ity of 'the CONSULTANT as the CITY's representative during construction shall not be modified or extended without written consent of the CITY and the CONSULTANT. SECTION 3: ADDITIONAL SERVICES Services which are not described in SECTION 2: SCOPE OF SERVICES of this SUPPLEMENT and customarily are not a part of' the- Basic Services shall be considered as Additional Services. They shall be provided if authorized or confirmed in writing by the CITY and they shall be paid for by the CITY in addition to the compensation for Basic Services. Additional Services shall include the services described in Paragraphs 3.1 through 3.6. Page 5 of 11 3.1 Changes initiated by the CITY during construction in the plan, design, finishes or any other changes which go beyond the general Scope of Work of the Contract Documents. For the purposes of this Section, "beyond the 'general Scope of Work" shall mean: CITY-initiated changes of which the final aggre- gate Change Order amount exceeds five percent (5%) of the or~§inal construc- tion Contract Sum. 3.2 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 construction. 3.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction. 3.4 Providing services after final payment to the Contractor is made. 3.5 Providing services after 182 calendar days from the date of the award of the Contract for construction. Except for holidays and weekend days, those days during which construction work at the site does not take place shall not be counted toward the 182 calendar days. 3.6 Providing other services not customary or not described in SECTION 2. SECTION 4: TIME OF PERFORMANCE CONSULTANT shall construction. begin Work commencing with the award of the Contract for Page 6 of 11 '~ECTION 5: COMPENSATION In consideration for Basic Services performed as described in SCOPE OF SERVICES, the CITY agrees to pay the CONSULTANT on a Time and Material basis with a Maximum Limit. The Maximum Limit for Work performed under this SUPPLE- MENT shall be Forty-Seven Thousand Six Hundred Dollars ($47,600). Labor charges will be according to the SCHEDULE OF CHARGES shown in "EXHIBIT 4E" of SUPPLEMENT No. 4. The rates include compensation for direct labor, indirect labor overhead, general and administrative overhead, and profit for the CONSULTANT and that of outside consultants. The costs of outside Sub- consultants shall be billed to the CITY at a multiple of 1.1 times the amounts billed to the ~ONSULTANT for such services. For Additional Services of the CONSULTANT, as described in SECTION 3, the CITY agrees to pay the CONSULTANT as follows: For the services described in Paragraph 3.1 through 3.6: On a Time and Material Basis at the labor charges shown in "EXHIBIT 4E" of SUPPLEMENT No. 4. The costs of outside Subconsultants shall be billed to the CITY at a multiple of 1.1 times the amount billed to the CONSULTANT for such services.' The CITY agrees to pay the CONSULTANT for reimbursable expenses such as repro- duction and long distance telephone costs at a rate of 1.05 times the direct cost billed to the CONSULTANT. The maximum amount for reimbursable expenses shall not exceed One Thousand Five Hundred Dollars ($1,500). The CONSULTANT will include with the invoice receipted bills or other documents reasonably required by the CITY. Payments for Basic Services, Additional Services and Reimbursable Expenses shall be made monthly and shall be in proportion to services performed. If the services covered by' this SUPPLEMENT have not been completed within twelve (12) months through no fault of the CONSULTANT, the amounts .of compensation and rates set forth herein shall be equitably adjusted. Page 7 of 11 'SECTION 6: SUBCONTRACTS CONSULTANT will employ the same outside consultants as noted in SUPPLEMENT No. 1, as required to complete the Scope-of Services of this SUPPLEMENT. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of his consultants, and persons either directly~or indirectly employed by them, as he is for the negligent acts and omissions of persons directly employed by him. SECTION 7: INSURANCE CONSULTANT agrees to provide ann maintain the following new policies of insurance specific to this Project for the duration of work performed by the CONSULTANT: 7.2 Public Liability Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for injuries fincluding, but not limited to, death to any one person and subject to the same limit for each person, in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) on account of any one occurrence. 7.3 Property Damage Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for damage.to the property of each person on account of any one occurrence. 7.4 Contractural Liability Insurance: CONSULTANT shall take out and maintain during the life of this Agreement an insurance policy in the amount of at least ONE MILLION DOLLARS ($1,000,000.00), insuring CITY, its elective and appointive boards, commissions, officers, agents and employees, and CONSULTANT 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 contractural Page 8 of 11 ~iiability, or alleged contractual liability arising out of any contract entered into by CONSULTANT and/or any of its agents or employees in orde~ to perform the work defined herein. 7.5 It is agreed that the insurance required by Subsections 7.2, 7.3, and 7.4 shall be in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) 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 CONSULTANT as described herein. Evidence of the insurance described above shall be provided to CITY upon execution of this Agreement and shall be subject to approval by the Ci-ty 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 provisions in this policy, the insurance afforded hereunder to the City of South San Francisaco 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." sEcTION 8: HOLD HARMLESS, DEFENSE AND INDEMNIFICATION The CONSULTANT hereby affirms to abide by the following new Hold Harmless, Defense and Indemnification clauses: 8.1 CONSULTANT 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 connectio with personal Page 9 of 11 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 CONSULTANT, its agents, subcontractors or employees in connection with the performance of this Agreement. 8.2 In order to make certain that CONSULTANT will have adequate resources to fully carry out its responsibilities pursuant to subparagraph 8.1 above, CONSULTANT shall, during the life of this Agreement, maintain professional liability (e.g. errors and omissions) insurance for all operations of CONSULTANT 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 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. SECTION 9: NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the CITY shall be addressed as follows: Mr. Robert S. Yee, Deputy City Manager/City Engineer CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to the CONSULTANT shall be addressed as follows: Mr. Julian D. Munoz, P~incipal GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC. 457 Forbes Boulevard South San Francisco, California 94080 Page 10 of 11 ; SECTION 10: The parties hereto hereby agree that, except as provided herein, all of the provisions of the AGREEMENT, SUPPLEMENT No. 1, SUPPLEMENT No. 2, SUPPLEMENT No. 3, SUPPLEMENT No. 4 and SUPPLEMENT No. 5, to said AGREEMENT, shall continue unchanged and shall remain in full force and effect. In witness whereof, the following duly authorized representatives of the CITY and CONSULTANT have signed in confirmation of this SUPPLEMENT No. 6 to the AGREEMENT. Dated '"~'I~ ,,~ J~, / ~ ~ ..~'"' CITY OF SOUTH SAN FRANCISCO C.-Walter Birkeio - City 'M~nager Atte st: GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC. du AIA - President erkes AIA ~ Secretary Page 11 of 11 'I