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HomeMy WebLinkAboutCC Resolution 11999 (Pickleweed CC Remodel; Lamperti Contracting)RESOLUTION NO. 11999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL WAIVING THE COMPETITIVE BIDDING REQUIREMENT OF CHAPTER 11.50 OF THE SAN RAFAEL MUNICIPAL CODE AND APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A SOLE SOURCE CONTRACT WITH LAMPERTI CONTRACTING AND DESIGN FOR REMODEL OF THE PICKLEWEED COMMUNITY CENTER KITCHEN WHEREAS, the original project for the Pickleweed Community Center and Library did not include any remodeling work of the Center's kitchen; and WHEREAS, the kitchen remodel was subsequently determined to be essential to the functionality of the remodeled and expanded Pickleweed Community center and, accordingly the remodel of the kitchen s added to the project near to the end of the original contract work; and WHEREAS, Group 4 Architects prepared preliminary sketches for the kitchen remodel work; and WHEREAS, the Pickleweed Community Center Remodel and Expansion project contractor, Midstate Construction, refused to provide a cost for the work, claiming that the sketches were incomplete and refused to perform the additional work on a Time and Material basis; and WHEREAS, Group 4 Architects advised the city that it would cost approximately $45,000 to prepare detailed plans and specifications and would delay completion of the small project by an additional six (6) months if the project were to be formally bid; and WHEREAS, staff contacted Lamperti Contracting and Design, a local San Rafael kitchen design and building contractor which specializes in this type of work; and WHEREAS Lamperti Contracting and Design reviewed the kitchen remodel project and has agreed to perform the remodel work on a Time and Material basis thereby reducing overall cost and delay in completion of the kitchen remodel project; and WHEREAS, under section 11.05.090 of the San Rafael Municipal Code, the Council is permitted to execute a contract without resorting to the competitive bidding procedure, provided that the source or scope and nature of the contract are such that no more than one contractor is available to meet the technical specifications, quality considerations, or "other valid considerations"; and 6 -SAL �aw� WHEREAS, the Council finds that the overall completion of the Pickleweed project requires that the kitchen remodel be completed in a cost-effective and timely manner and that to this goal is a "valid consideration" for the Council's waiver of the competitive bidding requirement of section 11.50 of the San Rafael Municipal Code; NOW THEREFORE LET IT BE RESOLVED; that the City Council of the City of San Rafael hereby: 1. Finds that the cost savings and elimination of delay in completion of the Pickleweed kitchen remodel project constitute "other valid reasons" under Chapter 11.50 of the San Rafael Municipal Code for justifying waiver of the competitive bidding requirements of the Code; and 2. Waives the competitive bidding requirement of Chapter 11.50 of the San Rafael Municipal Code for the Pickleweed Community Center kitchen remodel project; 3.Approves and authorizes the Director of Public Works to execute the an agreement with Lamperti Contracting and Design for the Pickleweed Community Center Kitchen remodel, in a form to be approved by the City Attorney. BE IT FURTHER RESOLVED; that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council on Monday, the 17th day of July, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Cohen JE�M• LEONCINI, City Clerk File No.: 06.01.174 City of San Rafael Form of Contract Agreement for Pickleweed Community Center Kitchen Remodel Project No. 11089 This Agreement is made and entered into this /9 Vff day of July, 2006 by and between the City of San Rafael (hereinafter called City) and Lamperti Contracting and Design (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work to complete the project, as described in Exhibit A, attached hereto and in accordance with the sketches, elevations, layouts, equipment schedule and cut sheets and specifications, as descrbied in Exhibit B attached hereto, for the project entitled: Pickleweed Community Center Kitchen Remodel Project No. 11089 all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. II — Contract Documents The Contract Documents consist of the following, all of which are as fully a part hereof as if herein set out in full and, if not attached hereto, the same as if hereto attached: A. This Agreement. B. Scope of work as shown on Exhibits A and B. C. The General Conditions. E. Workers Compensation, Public Liability and Property Damage Insurance, as required from the Contractor pursuant to the terms of the Contract. F. CERTIFICATION -PREVAILING WAGE RATES The Contractor hereby certifies that he/she is aware of the amounts of said prevailing wages as set forth by the Department of Industrial Relations, State of California, and that he/she will ensure that all workers employed for the project, either by himself/herself or by his/her subcontractors, are paid not less than such amounts for all work done thereon or connected therewith. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within 10 working days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed by September 25`h. 2006, and including extensions of time as are provided for in the General Conditions. IV - Liquidated Damages It is agreed that the contractor will diligently proceed with the contract on a Time and Material basis. Providing the contractor continues to perform work on a diligent basis and the work extends beyond the estimated completion date of Sepember 25`h. 2006 there will be no assessment of liquidated damages. However, if the contractor fails to execute the work on a dilgent basis, which results in a delay to the estimated completion time, of September 25'h. 2006 and inclusive of extensions of time as are provided for in the General Conditions), as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $ 500.00 for each and every calendar day's delay in finishing the work in excess of the contract time prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. V - The Contract Sum CONTRACTOR'S COMPENSATION: The City will pay for the work on a Time and Material basis as detailed herein, in an amount not to exceed $120,000 without prior written authorization from the Director of Public Works. Labor rates: Project Manager Journeyman Laborer $79.00 per hour $72.00 per hour $65.00 per hour Plus 15% markup for Overhead and Profit Materials and Equipment Contractors cost per invoice plus 15% markup VI - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total work that has been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined 2 in accordance with the schedule of labor rates together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public City, by depositing securities of equivalent value with the public City in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the Director of Public Works, whose decision on valuation of the securities shall be final. VII - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 3 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Jeanne M. Leoncini City Clerk APPROVED AS, Gary T. Ragghntrl City Attorney CITY OF SAN RAFAEL Andrew J. Preston Director of Public Works 111 Morphew Street San Rafael, CA 94901 Lamperti Contracting & Design 1241 Andersen Drive San Rafael, CA 94901 4 07/18/2006 15:25 FAX CERTHOLDI-R COPY qq r■rr. �,/' TERE. P.O. BOX 420807, SAN FRANCfSCO,CA 94142-0807 COMPENSATIt7IV INS URANC.'L F U N C) CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: C"'-18-2006 GROUP: 000713 POLICY NUMBER: 0002651:-2005 CERTIr-lCA'r6 ID; 18 CERTIFICATE EY,PtRES: 10-01-60)6 10-01-2005/10-01-5005 CITY OF SAN gAFAEL DEPT OF PUBLIC WORKS' NO ATTN: DORES PO BOX 15158 SAN RAFAEL CA 94915-1560 This is to cortif ;, that we have i .sued :a volid Workers' Compenz.ation insurance policy in a f nrm appy or+od by the California Insurar:c e, Commissioner to ilio employer named below for tho policy period indicated. This policy is ncit subject to cancellation by the Fund oxcept upon 30 days advance written noticrt tri lho employer. We will also yi•:ri you 30 days advance- notice should this policy be cancelled prior to its normal expiration. This certificate el' insw•ance is not an insurances policy and dot+. not amend, extend or aller the covor;ige afforded by the policy listod herein, Notwithstanding any requirement, term or condition of any contract or attar doct,ment with respect to ivhich this cortificato of insurance may be issued or Lo which it may pertain, the ins,tranco afforded by the policy described herein is subject to ail the torms, exclusions, and conditions, of sten policy. �tTH70RIZ5 REPFiE$GNTATI EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS ENDORSEMENT P1600 - KELLY, SEAN PRES - EXCLUDED. PRESIDENT S11,000.000 PER OCCURRENt:E . ENDORSEMENT 11600 - NELSON, GREGORY TRES - EXCLUDED. ^—ENDORSEMENT 111600 - KELLY, WENDY SEC - EXCLUDED. ENDORSEMENT ar2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-01-1898 ES ATTACHED TO PND FORMS A PART OF THIS POLICY, EMt'1.OYER LAMPERTI CWr—RACTING & DESIGN INC 1241 ANDERSEN DR STE A SAN RAFAEL VA 94901 NO JA>,J,CSj nEv.2•00 PRINTED : 07-18-2006 fa 001/001 NC PICKLEWEED COMMUNITY CENTER KITCHEN REMODEL EXHIBIT A PICKLEWEED PARK COMMUNITY CENTER KITCHEN REMODEL- SCOPE OF SERVICES A. Remove and dispose the following: • T -bar and ceiling tile system • Fluorescent light fixtures • Linoleum and underlayment • Appliances (i.e. dishwasher system, garbage disposal, stove range and oven), sinks, fixtures, and associated piping, with the exception of refrigerator; refrigerator is to remain. • Cabinetry, countertop, shelves, and island • Ventilation hood and fire protection (Ansul) system • Paper towel and soap dispensers • Roll -up doors • Grease trap/interceptor system B. Install the following new items: • Door system at west wall • T -bar and ceiling tile system • Fluorescent light fixtures • Linoleum and underlayment • Appliances (i.e. dishwasher, stove range and oven, ice machine), sinks, fixtures and associated piping • Countertops with cabinets, tables, storage cabinets, and wall shelves and flashing • Ventilation hood and fire protection (Ansul) system • Roll -up door • Grease trap/interceptor system • Exhaust and supply air fan system • Electrical conduits, wiring, and outlets as shown and/or as required • Miscellaneous mechanical and plumbing as required. C. Demo wall sections, such as pass-through window and door system at the west wall of kitchen. D. Sand, Patch, and Drywall as needed. E. Prime and paint walls. F. Submit a mechanical plan for hood, duct, and fire protection for San Rafael Fire Department permit. PICKLEWEED COMMUNITY CENTER KITCHEN REMODEL EXHIBIT B • Plan View of Kitchen Design Scheme • Elevation View of Kitchen Design Scheme • Equipment Schedule • Rough Utility Loads • Equipment Cut Sheets EXHIBIT B