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2005/08/23 City Council Resolution (9)RESOLUTION NO. 2005-270 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AGREEMENT WITH SHARP INSPECTION GROUP FOR INSPECTION SERVICES ON THE COMMERCIAL WATER METER REPLACEMENT PROJECT — PHASE 3 WHEREAS, the City desires to obtain inspection services for installation of commercial water meters, WHEREAS, Sharp Inspection Group submitted a proposal indicating they have the experience and expertise to provide inspection services, WHEREAS, Sharp Inspection Group provided similar services on the Single - Family- Residential Meter Project and the Commercial Water Replacement Project — Phases 1 and 2 and is familiar with the City's standards, billing system, personnel, and procedures, NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert Park that the attached agreement with Sharp Inspection Group for construction inspection services is approved and the City Manager is authorized to execute said agreement. DULY AND REGULARLY ADOPTED this 23rd day of August 2005. CITY OF ROHNERT PARK �Q M yar BREEZE: AYE FLORES: An SMITH: AYJ VIDAK MARTINEZ: AYE MACKENZIE: AY-E AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) AGREEMENT FOR SERVICES This Agreement is made and entered into this day of August 2005, by and between the City of Rohnert Park, hereinafter referred to as the "City," and Sharp Inspection Group, hereinafter referred to as the "Consultant." WHEREAS, the City requires construction inspection services for Phase 3 of the Commercial Water Meter Replacement 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: 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. 2. COORDINATION. Consultant shall assign Fred Sharp, to personally participate in said project and to coordinate the activities of the Consultant. 3. COMPENSATION. A. , City shall pay Consultant as provided in Exhibit A. 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: TO CITY: Engineering Department City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 TO CONSULTANT: Fred Sharp Sharp Inspection Group 4200 Burkett Lane Pilot Hill, CA 95664 and when so addressed, shall be deemed given upon deposit in the United States mail, 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 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 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 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: 3 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 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 States 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, 61 CERTIFICATE OF CONSULTANT I IIEREBY CERTIFY that I am the and a duly authorized representative of the finn 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 Meter Project. All computers, copy machines, fax machines, office equipment, construction tools, etc. needed for project management and inspection of Phase 3 shall also be supplied by Sharp Inspection Group. 2.2 Pre -Job Construction Agenda Sharp Inspection Group will meet at City Hall with City of Rohnert Park officials, and Contractor. Sharp Inspection Group will prepare a pre job agenda focusing on all aspects of contract document, construction process, Contractor's proposed construction schedule, water shut -down notifications, customer satisfaction, traffic control, daily clean-up, safety issues, change order procedures, hours of operations, USA notifications, public convenience, access, final meter reads, invoice submittals, etc. 2.3 Daily Construction Inspection / Project Management Sharp Inspection Group will provide daily inspection / project management of all construction activities as related to Phase 3 of the Commercial Water Meter Project to ensure compliance of contract document specifications and details, and prepare daily diaries. 2.4 Weekly Project Status Update Sharp Inspection Group will provide City of Rohnert Park officials with weekly project status report updates via email updating them on the progress of the project. 2.5 - Invoice Verification Sharp Inspection Group will review all invoices submitted by contractor for accuracy and completeness of work for which they are invoicing. After review is complete, Sharp Inspection Group will recommend payment and pass invoice on to proper City officials for review and approval for payment. 2.6 Punch List Items Sharp Inspection Group will prepare and submit to contractor a punch list for all items not completed. Punch list items will be completed before payment will be approved. A final punch list will also be compiled at job's end and submitted to contractor SHARP INSPECTION GROUP 2 Item Description Unit Price Unit Total 1. Progress Payments (6 tota>) $14,500.00 Monthly $87,000.00 2. Extension Payments ueN..,w> $14,000.00 Monthl - 3. Total Compensation Em 1 $871000.00 3.2 Contract Extension Compensation If work called for under the Contract is not finished and completed in all parts and requirements by the date specified, the City shall have the right to extend the time of completion as may be deemed necessary to best serve the interest of the City. In such an instance, the City shall agree to pay Sharp Inspection Group $14,000 per month until the project has reached completion. 3.3 Invoicing Sharp Inspection Group shall invoice the City of Rohnert Park as follows: INVOICE # DESCRIPTION DUE 1-5 Monthly Progress Payment, to coincide Within 30 Days with date of Notice to Proceed. of Invoice Date. 8 Extension Payments, if needed. Within 30 Days of Invoice Date. 3.4 Overlapping Contracts Sharp Inspection Group has a contract with the City of Rohnert Park for inspection of the Commercial Meter Replacement Project — Phase 2 that provides for $14,262.83 for the first 9 months and $11,000 per month thereafter. For months in which Sharp Inspection Group is paid under said Phase 2 agreement, Sections 3.1 and 3.2 above shall be modified to provide for $20,000 per month total compensation for both Phase 2 and Phase 3 inspection. After the completion of the Phase 2 contract, Sections 3.1 and 3.2 above shall apply as written. SHARP INSPWTION GROUP 4