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HomeMy WebLinkAboutCC Resolution 11474 (CD Remodel II; Coordinated Resources)RESOLUTION NO. 11474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AWARD OF CONTRACT TO COORDINATED RESOURCES, INC. IN THE AMOUNT OF $989491.64 FOR FURNITURE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT PHASE II REMODEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, On August 4, 2003 the City Council authorized staff to request proposals for the purchase of new furniture for the Community Development Department Third Floor Phase II remodel pursuant to SRMC Sections 2.55.190 and 2.55.200 by the use of competitive negotiation; and WHEREAS, 2 vendors submitted proposals for the manufacture and installation of the fiuniture; and WHEREAS, the proposals were reviewed by city staff and found to be responsive to all aspects of the City's request for proposals and cost effective, and WHEREAS, the proposal by CRI was the lowest in cost at $98,49164. NOW, THEREFORE, IT IS RESOLVED that the proposal from Coordinated Resources, Inc. is accepted as a responsive and cost effective proposal and the City of San Rafael awards the contract to Coordinated Resources, Inc. in the amount of $98,491.64. BE IT FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Coordinated Resources, Inc. for said work. BE IT FURTHER RESOLVED that the Community Development Director take any and all such actions and make changes as may be necessary to accomplish the purpose of the resolution. I, JEANNE M. LEONCINI, 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 of said City held on Tuesdav, the 20th day of January . 2004 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Vice -Mayor Miller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JE NE M. LEONCINI, City Clerk �L-7 -a r, Form of Contract Agreement For CITY HALL THIRD FLOOR COMMUNITY DEVELOPMENT DEPARTMENT FURNITURE PROJECT NO. CDD 2003-02 REBID This agreement is entered into this 20th day of January, 2004, by and between the City of San Rafael ("City"), and Coordinated Resources, Inc. ("Vendor"). PROJECT COORDINATION. A. CITY. The Community Development Director of the City of San Rafael shall be the representative of the CITY for all purposes under this Agreement. The Community Development Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. VENDOR. VENDOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for VENDOR. The person named in the RPF response is hereby designated as the PROJECT DIRECTOR for VENDOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the VENDOR shall notify the CITY within ten (10) business days of the substitution 2. DUTIES OF VENDOR. VENDOR shall provide all materials, services, and equipment as set forth in VENDOR'S proposal and comply with terms and conditions of City's request for proposal for competitive negotiation (RFP) dated December 19, 2003. 3. DUTIES OF AGENCY. In consideration of the VENDOR'S performance of the duties provided in paragraph 2, the City shall pay compensation in the amount of $98,491.64. 4. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to VENDOR and any and all of VENDOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 5. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the VENDOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 6. INSPECTION AND AUDIT. Upon reasonable notice, VENDOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by VENDOR in connection with its performance of its duties under this Agreement. VENDOR shall fully cooperate with CITY or its agent in any such audit or inspection. 7. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 8. INSURANCE. A. During the term of this Agreement, VENDOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000,000) dollars to cover any claims arising out of the VENDOR's performance of services under this Agreement. B. The insurance coverage required of the VENDOR by section 8. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. VENDOR shall provide to CITY's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, VENDOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both VENDOR and CITY against all liability for injuries to VENDOR's officers and employees. D. Any deductibles or self-insured retentions in VENDOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or VENDOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 9. INDEMNIFICATION. VENDOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of VENDOR or VENDOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement." 10. PERFORMANCE BOND. VENDOR shall furnish a Performance Bond in an amount of 100% of the total cost of the Contract amount within seven (7) days following the award of the contract. A sample Performance Bond is attached to the end of this Agreement. 11. NONDISCRIMINATION. VENDOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. VENDOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. VENDOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. VENDOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and VENDOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Robert Brown Community Development Director City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO VENDOR: David Bond Project Principal Coordinated Resources, Inc. 450 Sansome Street Suite 200 San Francisco, CA 94111 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, VENDOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. VENDOR and CITY expressly intend and agree that the status of VENDOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the VENDOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the VENDOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. VENDOR agrees that CITY may deduct from any payment due to VENDOR under this Agreement, any monies which VENDOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 19. AGENCY BUSINESS LICENSE / OTHER TAXES. VENDOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. VENDOR shall pay any and all state and federal taxes and any other applicable taxes. VENDOR's taxpayer identification number is stated in the Bid Form and VENDOR certifies under penalty of perjury that said taxpayer identification number is correct. 20. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month, and year first above written. CITY OF SAN RAFAEL Wr ATTEST: A. ity Clerk 30 �'�Ct�ri73iT:7►TA ty Aft ndy II4--7q- VENDOR Coordinated Isou,ces, Inc. 134/li�/li Title: �/'��f