Loading...
HomeMy WebLinkAboutCMR - Re-Upholstery of Council ChambersAGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on June 24, 2019 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and HARRY’S UPHOLSTERY, hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on May 15, 2019, City requested proposals for reupholstery of chairs in Council Chambers. WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said project; NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said project. 2. INCORPORATION BY REFERENCE. Contractor’ proposal dated May 15, 2019, are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and Contractor shall receive therefore compensation $23,657.80. Contractor shall be eligible for compensation installments after completion of milestone Tasks -E as shown in the attached project schedule. 4. CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. DocuSign Envelope ID: B770C020-4874-4AF3-AE34-EC2DFA9C363D DocuSign Envelope ID: B770C020-4874-4AF3-AE34-EC2DFA9C363D INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the products and materials supplied to the City. The cost of such insurance shall be borne by the Contractor. Minimum Scope of Insurance. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). Minimum Limits of Insurance. Contractor shall maintain limits no less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: products and completed operations of the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. The Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. DocuSign Envelope ID: B770C020-4874-4AF3-AE34-EC2DFA9C363D Task Schedule Work to start July 17, 2019 Work to be completed by August 13, 2019 Compensation Schedule: Deposit of $8000 at start of project Remaining balance after completion of project. DocuSign Envelope ID: B770C020-4874-4AF3-AE34-EC2DFA9C363D DocuSign Envelope ID: B770C020-4874-4AF3-AE34-EC2DFA9C363D City Manager Approval Approver Name Date Approved Derek Johnson, City Manager GH for DJ 6/20/19 Reviewer Routing List Reviewer Name Date Reviewed City Attorney CB 6/19/19 Finance BE 6/19/19 June 19, 2019 FROM: Teresa Purrington, City Clerk PREPARED BY: Victoria Tonikian, Administrative Assistant II SUBJECT: Authorization to Execute a Contract for Contractor Services Related to the Re-Upholstery of Council Chambers RECOMMENDATION 1. Execute a contract (Attachment A) with Harry’s Upholstery in the amount of $23,657.80 for contractor services related to the re-upholstery of Council Chambers DISCUSSION Background The City holds a variety of types of meetings in the Council Chambers including City Council, Commission, trainings, regional meetings and various ceremonies. Due to the large use of the Council Chambers, it is imperative that the City maintains the facility with both routine maintenance and replacement when necessary. It has become evident in the last few years that many of the accommodations in the Council Chambers are out-of-date and require an upgrade. Staff has identified the current upholstery as one of the areas that requires replacement and through an informal bidding process has selected Harry’s Upholstery as the vendor to conduct this work. Request for Proposals As outline in the City’s Purchasing Policy, for Public Projects under $60,000, no formal bidding process is required. Despite not needing a formal bidding process, staff received informal bids from four upholstery contractors: San Luis Custom Upholstery, Mitch’s Stitches, Fine Touch Upholstery, and Harry’s Upholstery. Of the four contracts that were contacted, three indicated that the task of re-upholstering the Council Chambers would be too large of a job and each recommended that staff contact Harry’s Upholstery. After contacting Harry’s Upholstery, it became evident that Harry’s Upholstery was the only vendor that would be able to complete a job of this size. They indicated that they would be able to conduct the work at hand and brought in samples for City staff to chose from. A scope of work detailing the services that Harry’s Upholstery will be completing can be found in Attachment B. DocuSign Envelope ID: B770C020-4874-4AF3-AE34-EC2DFA9C363D CMR- Re-Upholstery of Council Chambers Page 2 FISCAL IMPACT A total budget of $25,000 has been approved for the Re-Upholstery of Council Chambers. After receiving proposals from our vendors, the total cost of this service is $23,658.00. There is a current balance of $36,013.89 in 101-1021-61013 to cover the costs associated with this project. Cost Summary Budgeted Cost Re-Upholstery of Council Chambers $25,000.00 $23,657.80 Remaining Balance $12,356.09 ATTACHMENTS: A – Contract with Harry’s Re-Upholstery B – Quote or Scope of Work/Design DocuSign Envelope ID: B770C020-4874-4AF3-AE34-EC2DFA9C363D