2005/08/09 City Council Resolution (8)RESOLUTION NO. 2005-244
A RESOLUTION OF THE COUNCIL OF THE
CITY OF ROHNERT PARK
APPROVING THE PROJECT MANAGEMENT AGREEMENT WITH
GREYSTONE WEST COMPANY
FOR CITY HALL PROJECT NO. 2004 -33
WHEREAS, the City is beginning a city hall relocation and renovation project
that requires the services of a professional project manager; and
WHEREAS, Greystone West Company is qualified to manage the city hall
project.
NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert
Park that it does hereby approve the Project Management Agreement with Greystone
West Company for the city hall project and the City Manager is authorized and directed
to execute this agreement upon approval as to form by the City Attorney.
DULY AND REGULARLY ADOPTED this 9"' day of August 2005.
ATTEST:
i_ eat
City Clerk (19
CITY OF ROHNERT PARK
Mayor r
NERT Pq-
BREEZE: AYE FLORES: AYE SMITH- AYE VIDAK MARTINEZ: = MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Version: July 12, 2005
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 9`' day of August 2005, by and between the
City of Rohnert Park, hereinafter referred to as the "City," and Greystone West Company,
hereinafter referred to as the "Consultant."
WHEREAS, the City requires project management services on its City Hall renovation
project; 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:
SCOPE OF WORK. Consultant shall perform those services described in Exhibit
"All
2. COORDINATION. Consultant shall assign Todd Lee as project manager, to
personally participate in said work and to coordinate the activities of the Consultant. City shall
assign the City Engineer or his/her designee to manage this agreement on behalf of the City.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses for the different elements of the scope of work as shown in "Exhibit B ".
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.
C. Payments due and payable to Consultant for current services will be within
the current fiscal year 2005 -06 budget or within an available appropriation or project account 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
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
Version: July 12, 2005
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. IlyDEMNIPICATION. Consultant agrees to save, keep, hold harmless and
indemnify City and its officers and employees from all damages in law and equity caused by any
negligent act or omission to act on the part of Consultant or any of its officers, employees or
subcontractors to the extent Consultant is responsible for such damages on a comparative basis of
fault and responsibility between Consultant and City. Consultant is not obligated to indemnify or
hold harmless City in any manner whatsoever for City's own negligence or culpable conduct. City
agrees to save, keep, hold harmless and indemnify Consultant and its officers and employees from
all damages in law and equity caused by negligent act or omission to act on the part of City or any
of its officers, employees or subcontractors to the extent that City is responsible for damages on a
comparative basis of fault and responsibility between City and Consultant. City is not obligated to
indemnify or hold harmless Consultant in any manner whatsoever for Consultant's own negligence
or culpable conduct.
14. INSURANCE. Without limiting Consultant's indemnification 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 AM. Bests rating of no less than A :VII 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 Commercial 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
Version: July 12, 2005
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 full amount of such fee, commission, percentage, brokerage
fee, 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, TIME. 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.
5
Version: July 12, 2005
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:
City M ager tephen K Do ey (Date)
Per Reso. No. 2005 -244 adopted by
the City Council on 8/9/05.
ATTEST:
City Clerk
APPROVED AS TO FORM:
ity orney
19
CONSULTANT:
GREYSTONE WEST COMPANY
(ritkm—e) (Date)
ERT Np
7
Exhibit A - Scope of Work Rohnert Park City Hall Renovation
1 Prepare conceptual estimate to establish preliminary budget
8
1
1i
yb5
2 Prepare preliminary milestone schedule
4
1
$
505
3 Prepare / Issue Request for Proposal for Architectural Services
8
4
$
1,100
4 Conduct architect site inspections / field questions
6
0
$
690
5 Review proposals and prepare report / recommendations
4
1
$
505
6 Prepare contract for architectural services / send for legal review
2
1
$
275
7 Attend / document programming meetings ( 5 ea)
20
5
$
2,525
8 Design Development meetings with Architect ( 4 ea)
12
2
$
1,470
9 Review DD Drawings & prepare estimate
8
1
$
965
10 Meet with staff / architect to review DD drawings / budget
3
1
$
390
11 Meet with architect / consultants to start construction drawings
4
1
$
505
12 Review 50% Construction Drawings & prepare estimate
10
2
$
1,240
13 Coordinate with utility companies / CEQA / Pest / Soils Eng
8
1
$
965
14 Meet with staff to review 50% CD estimate / schedule update
3
1
$
390
15 FF &E meetings with staff and architect (2 ea)
8
2
$
1,010
16 Design team meetings / problem solving
8
1
$
965
17 Review 90% Construction Drawings & update estimate / budget
6
1
$
735
18 Meet with staff to review 90% CD estimate / final modifications
6
2
$
780
19 Plan review Construction Drawings / pre -bid estimate
12
4
$
1,560
20 Meet with staff / Council approval to bid
4
1
$
505
21 Draft invitation to bidders / solicit bidders / pre -bid conference
8
4
$
1,100
22 Coordinate plans / field questions / manage bid opening
8
4
$
1,100
23 Review bids, confirm license, bonds, insurance, reference check
4
4
$
640
24 Draft recommendation to award, attend Council meeting
6
1
$
735
25 Prepare Notice of Award
1
1
$
160
Total Pre constructiiir! Services
47.,
Approx. 9 -10 mos. August 2005 -April 2006
Construction Services _
1 Draft contract / send to legal review
4
2
$
550
2 Receive & review contract, bonds, insurance / send to legal
2
2
$
320
3 Preconstruction conference
4
2
$
550
4 Review contractors schedule, SOV, safety plan
2
0
$
230
5 Weekly Meetings 35 ea (assume 8 mos. Const.)
140
26
$
17,270
6 Review RFI's / Cost Issues / Track schedule 35 weeks
140
52
$
18,440
7 Review contractors pay applications
6
0
$
690
8 Misc. special meetings (Council updates etc.) 4 ea
16
4
$
2,020
9 Punchlist / Closeout
16
4
$
2,020
10 Compile Documents / Notice of Completion
8
8
$
1,280
Approx. 8 -9 mos. April 2006 -Nov 2006
Post Construction Services
1 Initial start up / move in / coordination 16 2 $ 1,930
2 Warrantv follow up (6 mos.) 12 2 $ 1,470
Approx. 6 Mos. Dec. 2006 -June 2007