HomeMy WebLinkAboutCC Resolution 11337 (Sole Source; Innovative Casework)RESOLUTION NO. 11337
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE GRANTING OF A SOLE SOURCE CONTRACT
BETWEEN THE CITY OF SAN RAFAEL AND INNOVATIVE
CASEWORK, INC.
WHEREAS, because of the new Marin Emergency Radio Authority (MERA) system, the
Fire Department needs additional space for the Fire Dispatch Center; and
WHEREAS, the City Council previously authorized the lease of the building at 1033 C
Street, located adjacent to the City's Fire Station One at 1039 C Street, for use as the Fire
Dispatch Center and for providing office space for the Parking Enforcement Division; and
WHEREAS, the City Council previously approved the construction project costs of
$650,000.00; and
WHEREAS, the costs, as described in the Public Works Department Staff Report,
included costs that were identified as Sole Source at the request of the Fire Department in an
aggregate amount of $68,000.00; and
WHEREAS, the Fire Department has identified that there needs to be specialized
furniture in the dispatch center due to the 24 hour per day, 365 day per year operation, worker
ergonomics, and the space constraints of the new dispatch center; and
WHEREAS, Innovative Casework, Inc. is the only provider that the Fire Department is
aware of that is capable of providing this specialized work; and
WHEREAS, Innovative Casework, Inc. has provided a quote to the Fire Department in
the amount of $34,600.00 to complete the installation of all of the dispatch console furniture and
all cabinetry in the dispatch center proper.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The Council finds, based upon the facts presented by staff, that Innovative Casework, Inc.
is the only provider available to provide the specialized furniture required by the Fire Department
for the new dispatch center and, accordingly, pursuant to section 11.50.090, the Council waives
the bidding requirements of Chapter 11.50.
ORIGINA0
Further, the Council hereby approves the proposal with Innovative Caseworks, Inc., a
copy of which is hereby attached and by this reference made a part hereof, and authorizes the
MAYOR and CITY CLERK to execute an agreement, on behalf of the City of San Rafael, in a
form to be approved by the City Attorney's Office.
I, JEANNE M. LEONCM, 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 Monday. the 16th day of June, 2003 by the following vote, to
wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Heller, Miller, Phillips, and Mayor Boro
None
Cohen
JE M. LEONCIlVI, City Clerk
AGREEMENT FOR CASEWORK INSTALLATION
This Agreement is made and entered into this 17TH day of June 2003, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and Innovative Casework Inc., (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS,
Innovative Casework, Inc. provided the Fire Department with a quote for services to design, build,
and install Fire Dispatch Consoles and related casework for the new Fire Dispatch Center; and
WHEREAS,
The City Council approved the Innovative Casework quote as a sole source item at their meeting of
June 16, 2003.
NOW, THEREFORE, the parties hereby agree as follows:
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Battalion Chief — Fire Prevention 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. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Zcur�,13 r da.e S is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
CONTRACTOR shall perform the duties and/or provide services as described in Exhibit
"A" attached and incorporated herein.
3. D1 TTTES F CTTY,
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows:
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Provide assistance to the contractor, as needed.
Provide coordination between this contractor and other contractors on the job.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR as described in Exhibit "A" attached and incorporated herein.
Payment will be made monthly upon receipt by PROJECT MANAGER (or otlier CITY
off cial) of itemized invoices submitted by CONTRACTOR.
The term of this Agreement shall be for 1 year commencing on July 1, 2003 and ending on
June 30, 2004. Upon mutual agreement of the parties, and subject to the approval of the City
Manager, the term of this Agreement shall be extended for an additional period of 1 year.
:011,1: •►
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 CONTRACTOR and any and all of CONTRACTOR'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.
NNEEKOINSS, OEM: I Wil 9119161In UN
The written documents and materials prepared by the CONTRACTOR 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.
1► • ► : ►It _ It
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
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inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
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.
1 h Re►
A. During the term of this Agreement, CONTRACTOR 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 CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 10. 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 CI I'Y'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. CONTRACTOR 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.
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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, CONTRACTOR 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 CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR'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 CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
1►1� ►�1►11 • ►
CONTRACTOR 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
CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of
their duties and obligations under this Agreement.
►•►It N hVA I 1►e •►
CONTRACTOR 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.
13. COMPT.TANC'.F. WITH AT,T. TAWS.
CONTRACTOR 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. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
4
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.
CITY and CONTRACTOR 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.
15. 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: Keith Schoenthal
Project Manager
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 944915-1560
or, as applicable:
City Risk Manager
City Of San Rafael
1400 Fifth Avenue (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Dan Bri does
(Project Director)
Innovative Casework, Inc.
2663 Fair nAkc Ava.'
Redwood City, CA 94063-3504
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
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►II a 1.1 ff-IT61 M a a ►AI M1 a I WII
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 CONTRACTOR 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 CONTRACTOR 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.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
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.
20. COSTS ANIS ATTnRNF.Y'S FF.F.S.
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.
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CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer
identification number is 9 4 - 3 2 3 0 7 2 7 , and CONTRACTOR certifies under penalty of
perjury that said taxpayer identification number is correct.
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
ROD GOULD, City Manager
ATTEST:
ka,A .
JEMNE M. LEONCIM, City Clerk
APP OVE T ORM:
GARY T. G I, City Attorney
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CONTRAC
By:
Name: Dq n B-&qeJ'
Title: G' CO
Jul 03 03 05:56p
ACORM
PRODUCER
Tammie Pereira MSI INS b5U b55 LIU2u P
I DATEIMMIDDIYY) i
CERTIFICATI )F LIABILITY INSURANCE
A. Tammie Pereria
1650 S Amphlett Blvd #201
San Mateo, CA 94402
INSURED Innovative Casework, Inc.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
MSI�Tisurance —
INSURER A
- �Qmp�.?y _ - -_
INSURER B:2663 Fair Oaks avenue INSURER
Redwood City, CA 94063 INSURER
Ifigin-1(14—A11 7 INSURER
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NANED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ;
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR J
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR T': PEOr INSURANCE _ - -I --- POLIC'f NUMBER I POLICY EFFECTIVE' POLICY EXPIRATION
LTRDATE
--- --- - -'�
DATE(MMfDDTWI DATEfMMI00lYYI- LIMITS
GENERAL LIABILITY ' EACH OCCURRENCE
X COMMERCIAL GENERA LLIABILITY+ FIRE CAPRAGEfAn{ane fire! S 50'000
� CLAIAiS MADE I X I OCCUR I ME EKP (Arty Mr: rcr;on) c PERSONAL d ADV INJURY 5 51000
A _ IBRT-2-2024963 02/18/03 02/18/04 1,000,000
{I r)FN'I aQORFrATE LIMIT APPI,IKS PFR
I POLICY I I ECT I I LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
X SCHEDULED AUTOS
A _HIRED AUTOS
NON-OWNEO AUTOS
GARAGE LIABIL1iY
ANY AUTO
ALT -2024963 In -2/18/03
02/18/04
EXCESS LIABILITY
OCCUR CICLAA4SMADE rl
1
_I DEDUCTIBLE
RETENTION S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
1
I OTHER
4
DESCRIPTION OF OPERATIONSILOCAYIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSE IENTISPECWL PROVISIONS
I License #716869
GENERAL AGGREGATE 32j000,000
.DPO170J71$ Cr-.Mo)OP AOn 152 000 , 000
CnP:+c)Llcn SII:Y�Lc : yu7T
(Ea acc:denl)
--.._..__.. _. .QQQ,-vu—
BODILY INJURY S 1
(Per Pam') I1
GOCILY INJURY 15
(Per accidenl)
PROPERTY DAMAGE
(Per amdeoq
AUTO ONLY - EA ACCIDENT S
OTHER TI1AN EA ACC LS
-_
AUTO ONLY AGS I S
EACHOCCURRENCE S -
�AGGREGATE E
S
S
19'.; S . A I U- i -i -
T , Y LIMITS. I I�CR' 1
E.L. EACH ACCIDENT S
E L DISEASE - EA EMPLOYE ' S
E.L. DISEASE- POUCY LIMIT S
The City, Its Officers, Agents, Employees, and Volunteers, are named as
additional insured.
I
CERTIFICATE HOLDER 1 I ADDITIONAL 114SURED: INSURER LETTER:_ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION!
City of San Rafael DINE THEREOF, THE ISSUING INSURER WILL ENDEXVOR TO MAIL 10 DRYS WRiTT EN
Fire Communications Center Projec NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 50 SHALL
1039 "C" street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Sian Rafael, l;li REF—R'591—MAT.—VES.
I // I 7
ACORD?t c (7!97) 0 AlCORD CORPORATION 1999
]NNOYATIYE CA5EPIOW 650 584 88?4 04.'SZ:'03 09:34am P. 002
Innovative Casework, Inc. PROPOSAL
2663 Fair Oaks Ave.
Rcltwood City, Ca 94003-3504 DATE
Lic. # 7 [6869
(650) 364-8112 12/19/2002
I NAME/ADDRESS
j SAN RATA rl. Flit DU.l T
1039 C S1RFli'r
SAN lW;AFI, CA 9,1901
DrCif:RIPTII�N
Furnish & install communications center casework in standard plastic
laminate finish. Positions 1,2,3 are electric height adjustable work centers.
Counter top color: WA 4790-60 Greystone
Cabinet faces: WA D327-60 Pepperdust
All edges D 327 Pepperdust 3mm.
2 corner lift table sections, positions I & 2.
Storage cabinet between positions 1 & 2.
I straight lift section table, position 3.
Upper & lower casework RC n position 3.
I binder kiosk
6 Task lights (2 per station) & undercounter lights 0 uppers.
Maximum applieatinia of l" thick grey soundsonk material above all 3
positions & under upper cabinets RF position 3. Panels stop there, they Flo
not continue to TV cabinet. On chase corner walls , wall RF position 2.
Material behind map. All panels stnrt approx. 2 112' From num (above
counter hght)
AI.L ABOVE WORK, COMPLETE & INSTALLED, SALES TAY
INCLUDED
ALTERNATE ADD: TV/Stereo Cabinet to match ab6ve cabinets
PROJECT
San Rafael Corn...
TOTAL �
I
32,500.00 I
2,100.00
TOTAL $34,600.00