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
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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
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