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
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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
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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.
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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
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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