2005/08/23 City Council Resolution (8)RESOLUTION NO. 2005- 264
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROHNERT PARK APPROVING AGREEMENT WITH
GREYSTONE WEST COMPANY
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR THE BURTON AVENUE RECREATION CENTER RE- ROOFING AND
ACCESSIBILITY IMPROVMENTS
PROJECT #2004 -04
WHEREAS, the City opened bids for the construction of the Burton Avenue
Recreation Center Re- Roofing and Accessibility Improvements Project #2004 -04 on
August 4, 2005;
WHEREAS, the City desires Greystone West Company to conduct construction
related support services including construction management, administration and office
engineering support,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Rohnert Park that the agreement with Greystone West Company for construction
management services for the Burton Avenue Recreation Center Re- Roofing and
Accessibility Improvements Project is approved and the City Manager is authorized to
execute a consultant services agreement and any necessary amendments.
DULY AND REGULARLY ADOPTED this 23rd day of August, 2005.
ATTEST:
City Clerk
CITY OF ROHNERT PARK
Mayor
WERT
BREEZE: AYE FLORES: AYE SMITH: AYE VIDAK MARTINEZ: AYR MACKENZIE: AyE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into this day of , 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 construction management and administration services for the
Burton Avenue Recreation Center Reroofing and Accessibility Improvements Project No. 2004 -04;
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:
1. SCOPE OF WORK. Consultant shall perform those services described as Tasks in the
Scope of Work and Schedule of Performance attached as Exhibit "A" within the time frames stated
therein.
2. COORDINATION. Consultant shall assign Todd K. Lee, 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 and expenses
at the rates set forth in the Standard Hourly Rates and Charges attached as Exhibit "B," the total sum not
to exceed $18,320.00. Progress payments will be tied to completion of tasks so all payments are
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.
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:
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 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 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 A.M. Bests rating of no less than AXII 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) 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
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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.
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
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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:
Steve Donley, 9ftixg GerrerrF�llager
City Manager
ATTEST
DEPUTY CITY CLERK
APPROVED AS TO FORM:
eIT4 ATTORNEY
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CONSULTANT:
(Title)
(Title)
EXHIBIT "B"
COMPENSATION RATES AND CHARGES
Project Manager $115 per hour
Project Administrator $45 per hour