2006/06/13 City Council Resolution (7)RESOLUTION NO. 2006-155
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK
APPROVING AGREEMENT WITH WATERNET SURVEY
FOR WATER LEAK DETECTION SERVICES
WHEREAS, the City desires to conduct a leak detection survey of its water
distribution system,
WHEREAS, WaterNet Survey submitted a proposal indicating they have the
experience and expertise to conduct a water leak detection survey.
NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert
Park that the agreement with WaterNet Survey for water leak detection services is
approved for an amount not to exceed $12,645.00, and the City Manager is authorized to
execute said agreement in substantially similar form to the attached agreement and any
amendments for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 13a' day of June, 2006.
CITY OF ROHNERT PARK
Mayor Tim
ATTEST:
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BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- NIARTINEZ: AYE SMITH, AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into this 13 °i day of June, 2006, by and between the City
of Rohnert Park, hereinafter referred to as the "City," and WaterNet Survey, hereinafter referred to
as the "Consultant."
WHEREAS, the City requires water leak system leak detection services; and
WHEREAS, the Consultant is qualified and experienced to provide such services.
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
I. SCOPE OF WORK. Consultant shall perform those services described as Tasks in
the Scope of Work and Schedule of Perfonnance attached as Exhibit "A ". Work will be completed by
June 30, 2006.
2. COORDINATION. Consultant shall assign Andy Crim to personally participate in
said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services the lump
sum not to exceed $12,645.00. Progress payments will be tied to completion of tasks so all payments
titre proportional to the work completed.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten (10)
percent retained by City will be held until 30 days after final completion and acceptance of the
contract work.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of the City. in
the event the City has not appropriated sufficient funds for payment of Consultant services beyond the
current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the
current fiscal year; payment for additional work is conditional upon future City appropriation.
4. TERM. The term of this Agreement shall be from the date of its execution until the
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed
as follows:
TO CITY: Engineering Department
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
TO CONSULTANT: Andy Crim, General Manager
WaterNet Survey
504 Linden Lane
Boone, IA 50036
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given _ at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving notice pursuant to this Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Failure of the Consultant to secure City's written authorization for
extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price
or time due, whether by way of compensation, restitution, quantum mermt, etc. for work done
without the appropriate City authorization.
7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and for
any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as
They are complete and acceptable to the City, and pay the Consultant such equitable proportion of the
total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the terms
of this Agreement.
8. CORRECTION OF WORK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct any
defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for
delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or as
otherwise agreed upon between the Consultant and the City. In such event, compensation as set forth
in the Scope of Work shall be subject to renegotiation upon written demand of either party to the
Agreement.
10. RECORDS OF PERFORMANCE. Consultant shall maintain adequate records of
contract performance costs, expenses, etc., and make these records available for inspection, audit,
and copying by the City during the agreement period and for a period of three (3) years from the date
of final payment.
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relating to preparation of the report.
12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole or
in part, without the written consent of the City.
13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person
or. entity including Consultant, in whole or in part, arising out of Consultant's activities hereunder,
including the activities of other persons employed or utilized by Consultant in the performance of this
Agreement (including design defects and regardless of City's approval, use or acceptance of the work
or work product hereunder) excepting liabilities due to the sole negligence or willful misconduct of
City. This indemnification obligation is not limited in any way by any limitation on the amount or
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type of damages or compensation payable by or for Consultant under Worker's Compensation,
disability or other employee benefit acts or the terms, applicability or limitations of any insurance
held or provided by Consultant and shall continue to bind the parties after termination/completion of
this Agreement.
14. INSURANCE Without limiting Consultant's indermufication provided herein,
Consultant shall take out and maintain, throughout the period of this Agreement, the following
policies of insurance placed with insurers with a current A.M. Bests rating of no less than ANII or
its equivalent against injury /death to persons or damage to property which may arise from or in
connection with the activities hereunder of Consultant, its agents, employees or subcontractors:
A_ Comprehensive or Commercial General Liability Insurance at least as broad as
Insurance Services Office Conunercial General Liability coverage (occurrence form CG 0001), in an
amount of $1,000,000.00 per occurrence. If work involves explosive, underground or collapse risks,
XCU must be included. If a general aggregate limit is used, either the general aggregate limit shall
apply separately to this project or the general aggregate shall be twice the required occurrence limit.
Said policy shall contain, or be endorsed with, the following provisions:
(1) The City, its officers, employees and agents, are covered as insureds for liability
arising out of the operations performed by or on behalf of Consultant. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, agents and employees.
(2) The policy shall not be canceled or materially reduced in coverage without thirty
(30) days prior written notice (10 days for non- payment of premium) to City by certified mail.
(3) The inclusion of more than one insured shall not operate to impair the rights of
one insured against another insured, and the coverage afforded shall apply as though separate policies
had been issued to each insured, but the inclusion of more than one insured shall not operate to
increase the limits of the insurer's liability.
(4) For claims related to this project, the Consultant's insurance is primary coverage
to the City, and any insurance or self - insurance programs maintained by the City is excess to
Consultant's insurance and will not be called upon to contribute with it.
(5) Any failure to comply with reporting or other provisions of the parties, including
breach of warranties, shall not affect coverage provided to City, its officers, employees and agents.
B. Automobile liability insurance with coverage at least as broad as ISO Form
numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement
with minimum coverage of not less than $1,000,000 per accident combined single limit (CSL). Such
policy shall contain or be endorsed with the provision that coverage shall not be canceled or
materially reduced in coverage without thirty (30) days prior written notice (10 days for non - payment
of premium) to City by certified mail.
C. Worker's Compensation insurance meeting statutory limits of Labor Code which
policy shall contain or be endorsed to contain a waiver of subrogation against City, its officers,
agents, and employees and provide for thirty (30) days prior written notice to City in the event of
cancellation. If Consultant has no employees, Consultant may sign and file the following certification
in lieu of insurance:
"1 am aware of the provisions of California Labor Code Section 3700
which requires ever,, employer to be insured against liability for
workers' compensation or to undertake self - insurance in accordance
with the provisions of that code, and I will comply with the provisions
of that code before commencing with and during the performance of the
work of this contract_ "
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D. Consultant shall furnish City with certificates and original endorsements effecting
the required coverage prior to execution of this Agreement by City_ The endorsements shall be on
forms provided by City or as approved by City Attorney. Any deductible or self - insured retention
over $100,000.00 shall be disclosed to and approved by City. If Consultant does not keep all
required insurance policies in full force and effect, City may, in addition to other remedies under this
Agreement, take out the necessary insurance, and Consultant agrees to pay the cost of said insurance.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in rendering services under this Agreement. Consultant agrees that the acceptance of his
work by City shall not operate as a waiver or release of said obligation of Consultant. The absence,
omission, or failure to include in this Agreement, items which are normally considered to be a part of
generally accepted professional procedure or which involve professional judgment shall not be used
as a basis for submission of inadequate work or incomplete performance.
16. COVENANT AGAINST CONTINGENT FEES_ The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working for
the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or making this
Agreement. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability, or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the fill amount of such fee, commission, percentage, brokerage
gee, gift, or contingent fee.
17. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree
with the performance of its services hereunder. Consultant further covenants that in the performance
of this Agreement, no person having any such interest shall be employed.
18. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes
within the definition of Consultant under the Political Reform Act (Government Code §87100),
Consultant shall complete and file and shall require any other person doing work under this
Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of
Rohnert Park disclosing Consultant and /or such other person's financial interests.
19. MERGER. This Agreement shall constitute the entire Agreement between the parties
and shall supersede any previous agreements, whether verbal or written, concerning the same subject
matter. No modification of this Agreement shall be effective unless and until evidence by a writing is
signed by both parties.
20. DEFAULT. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an
amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by Consultant.
21. NO WAIVER OF BREACH, The waiver by City of any breach of any term
or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision
or any subsequent breach of the same or any other term or promise contained in this Agreement.
Time is of the essence in carrying out the duties hereunder.
22. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
23. ATTORNEY FEES, APPLICABLE LAW AND FORUM. In the event either party
brings an action or proceeding for damages arising out of the other's performance under this
Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such
action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted
according to California law, and any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried in the County of Sonoma.
24. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in performing
the services specified herein, shall act as an independent contractor and shall have control of the work
and the manner in which it is performed. Consultant is not to be considered an agent or employee of
the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits
City provides its employees. In the event City exercises its right to terminate this Agreement,
Consultant expressly agrees that he /she shall have no recourse nor right of appeal under rules,
regulations, ordinances or laws applicable to employees.
25. TAXES.. Consultant agrees to file tax returns and pay all applicable taxes on amounts
paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other
obligations, including, but not limited to, state and federal income and FICA taxes. Consultant
agrees to indemnify and hold the City harmless from any liability which it may incur to the United
�t,,tes for to the State of California as a consequence of Consultant's failure to pay, when due, all
such taxes and obligations.
26. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its performance
under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age,
national origin, or other prohibited grounds in its employment practices, and shall take affirmative
steps to ensure that applicants are employed and employees are treated during employment without
regard to race, color, religion, sex, age, national origin, or other prohibited grounds.
27. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal,
state and local laws, rules and regulations affecting the Consultant and his /her work hereunder.
Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice Consultant's
profession and to do the work hereunder. Consultant represents and warrants to City that Consultant
shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any
licenses, permits, and approvals which are legally required for Consultant to practice his /her
profession and do the work contemplated by this Agreement.
28. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estunates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared
or obtained under the Agreement shall be made available, upon request, to the City without
restriction or limitations on their use. Consultant may retain copies of the above- described
information but agrees not to disclose or discuss any information gathered, discussed or generated in
any way through this Agreement without the written permission of City during the term of this
Agreement or until ninety (90) days after receipt of final payment from City.
29. INTERPRETATION. Notwithstanding the fact that one or more provisions of this
Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be
interpreted as though they were a product of a joint drafting effort and no provisions shall be
interpreted against a party on the ground that said party was solely or primarily responsible for
drafting the language to be interpreted.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK:
By:
CITY MANAGER, 'Stephen R. Donley
Per Reso. No. 2006- 15 ado ted by the Rolmert
Park City Council on —� /4,46
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
7t�—
CITY A TORNEY Dep y
V
CONSULTANT:
(Title)
(Title)
EXHIBIT "A"
SCOPE OF WORK
AND
SCHEDULE OF PERFORMANCE
RECEivED
APR 1 0 2006
CITY OF
ROHNERT PARK
WaterNet Survey
504 Linden Lane
Boone, IA 50036
T 800- 710 -5325
andyCo� �aternetsuD ay nem
wwwYyaternetsu n=cnm
wgre� yet
Darrin Jenkins, P.E.
City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
Date 4/5/06
Dear Darrin:
As per our phone conservation I am sending a proposal for leak detection services of the
water distribution system serving the City of Rohnert Park.
The survey conducted in 2004 uncovered 17 undetected leaks with an estimated annual
savings, after repair, of over 21,000,000 gallons.
If the city decides to proceed we intend to schedule the work during the month of June.
We hope to again be of service to the City of Rohnert Park.
Sincerely yours,
Andy Crim
General Manager
WaterNet Survey
Date: 415106
Proposal For City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
707- 588 -2200
Proposed By: WaterNet Survey
504 Linden Lane
Boone, lA 50036
800 - 710 -5325
Survey Description
Analysis:
Available pumping and consumption data may be reviewed to determine
delivered accountability. Access to a water network distribution map is
necessary.
Listening:
Sensitive transducers are applied to system appurtenances such as
valves and hydrants in order to determine which areas merit further study
using computerized correlation techniques.
Pinpointing:
Computer correlation on identified sections is used to determine the loca-
tion of identifiable leakage.
Accuracy is greatly influenced by the network data which is input into the
correlation process equations. This includes the size of water pipes, the
type of pipe material, and the location of water pipes and connections.
In addition, other pertinent information may be needed in a particular sec-
tion in order to pinpoint a leak. Such information may include the location
of abandoned taps, and the existence of any repair sections of a different
composition material. Almost always the leak location is accurate enough
to be found in the average size excavation hole necessary for repair.
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Equipment:
The most advanced all digital leak noise correlator from Fluid Conserva-
tions Systems®, the Accucorr 3000, will be used. Analog to Digital conver-
sion occurs at the sensor with no radio signal or amplification degradation.
Reporting:
A final report will be filed indicating the location of all leaks located during
the survey. A map providing measurements from a nearby valve or hydrant
to the leak will be included.
Leaks will be categorized as follows: Main leaks, Service leaks, Aban-
doned line leaks, Hydrant leaks, and Valve leaks. Observations and rec-
ommendations may also be provided in the report.
Requirements:
► Access to Accurate Distribution System Information and Maps
► On occasion we may need a utility employee to open a valve box or oper-
ate a water main valve.
► Traffic control may be needed to secure safety in an area of testing. This
might include protective barriers, traffic cones and /or warning signs.
► Distribution system valves should be reviewed by the utility prior to com-
mencement of the survey to establish their accessibility: Buried valves re-
quired for sounding can cause excessive down time and may have to be
passed over if not readily accessible.
2 of 3
'Il-) R-Ji
Cost:
Proposed Survey:
Charge for Comprehensive Survey of approximately 100 miles of water
distribution system:
$12,645.00
Date:
Andy Crim
General Manager
WaterNet Survey
504 Linden Lane
Boone, IA 50036
Date:
Name:
Title:
City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
800-710-5325 707-588-2200
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CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY- that I am the _ and a duly
authorized representative of the firm of
whose address is and that neither
I nor the above firm I here represent has:
a) Employed or retained. for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or person
in connection with carrying out the Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date Signature
agrTonsult.
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