10 Staff Report - Equipment PurchaseowN aF MEETING DATE: 612108
ITEM NO:
!ps GA~pS COUNCIL AGENDA REPORT
DATE: MAY 14, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 07-09 (b) - EQUIPMENT PURCHASE - FY 2007-08 CDBG
FUNDED ADA IMPROVMENT PROJECT 421-821-2102
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN EQUIPMENT AGREEMENT WITH ORCHARD CITY LOCK
AND SAFE, INC. FOR THE PURCHASE OF (6) ADA AUTOMATIC DOOR
OPENERS TO BE INSTALLED ON (6) SINGLE WOOD DOORS AT THE
CIVIC CENTER COMPLEX IN THE AMOUNT OF $33,133.08
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute an equipment agreement with
Orchard City Lock and Safe, Inc. for the purchase of (6) ADA automatic door openers to be
installed on (6) single wood doors at the Civic Center complex in the amount of $33,133.08.
BACKGROUND:
As part of the Town's ongoing effort to provide unimpeded access to its facilities, automatic
ADA compliant door openers will be installed in the entrances of the Town Hall, the Community
Development Department, and the Police Department, all located at the Town's Civic Center.
DISCUSSION:
For purchases under $100,000, the Town's informal bid process does not require public
advertising and the preparation of plans or specifications. This informal bid process allows staff
to solicit bids from a minimum of three (3) vendors and award the contract to the lowest
responsible bidder. The following bids were received for the automatic door openers:
Davee Doors $25,800.00 Unable to obtain bond
Orchard City Lock and Save, Inc. $33,133.08
R & S Erection of Santa Clara County $79,467.00 Includinngg~doors
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
NAENGINEERINGICOUNCIL REPORTM07-09 (b),EQUIPMENT.PURCHASE.ADA.DOOR.OPENERS.doc
Reviewed by: :SLAssistant Town Manager -Town Attorney Clerk Administrator
_-jiFinance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 07-09 (b) - EQUIPMENT PURCHASE - FY 2007-08 CDBG
FUNDED ADA IMPROVMENT PROJECT 421-821-2102
MAY 14, 2008
Staff has checked the bids received and has determined that Orchard City Lock and Safe, Inc. is
the lowest responsible bid and that its bid is responsive to the Town's informal bid process (the
portion of the R & S bid for the door openers was higher than Orchard City's bid). It is
recommended that Council adopt the attached Resolution that would declare Orchard City Lock
and Safe, Inc. to be the lowest responsible bidder and award an agreement to this company in the
amount of $33,133.08.
CONCLUSION:
Staff recommends the equipment purchase and installation of the ADA automatic door openers
from Orchard City Lock and Safe, Inc.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The 2007108 Capital Improvement Program budget provides for the purchase and installation of
the ADA automatic door openers in the amount of $33,133.08 from Project 421-821-2102.
Attachments
Resolution authorizing an equipment agreement/proposal (Exhibit A) with Orchard City Lock
and Safe, Inc. for the equipment purchase and installation of ADA automatic door openers.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH
ORCHARD CITY LOCK AND SAFE, INC.
FOR PPW JOB NO. 07-09 (b)
EQUIPMENT PURCHASE AND INSTALLATION OF
SIX ADA AUTOMATIC DOOR OPENERS
AT THE CIVIC CENTER COMPLEX
IN THE AMOUNT OF $33,133.08
WHEREAS, the purchase and installation of six automatic door openers are needed at
the Civic Center Complex in compliance with the Americans with Disabilities Act (ADA); and
WHEREAS, the 2007108 budget provides for the equipment purchase and installation of
automatic door openers at the Civic Center Complex; and
WHEREAS, staff prepared a request for proposal for the automatic door openers for the
Civic Center Complex; and
WHEREAS, Orchard City Lock and Safe, Inc. submitted the lowest bid which is
responsive to the Town's solicitation process; and
WHEREAS, staff recommends the equipment purchase of automatic door openers from
Orchard City Lock and Safe, Inc; and
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that Orchard City Lock and Safe, Inc is
declared to be the authorized satisfactory vendor for the purchase and installation of ADA
automatic door openers; and
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute an agreement (Attached as Exhibit A) for the equipment purchase of ADA
automatic door openers in the amount of $33,133.08.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 2nd day of June, 2008, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: MAYOR OF THE TOWN OF LOS GATOS/
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND
ORCHARD CITY LOCK AND SAFE, INC.
FOR THE EQUIPMENT PURCHASE AND INSTALLATION OF
SIX ADA AUTOMATIC DOOR OPENERS FOR THE CIVIC CENTER COMPLEX
THIS AGREEMENT is made and entered into in the Town of Los Gatos, County of
Santa Clara, State of California, by and between the Town of Los Gatos, a municipal
corporation [hereinafter Town], and Orchard City Lock and Safe, Inc [hereinafter Vendor], as
of the day , 2008.
RECITALS
(A) Quotations were sought by the Town for the purchase described in this Agreement, and
Vendor was found to be a responsible supplier for this purchase.
(B) Vendor represents that it is a qualified and competent supplier of the equipment to be
purchased under this Agreement.
IT IS AGREED AS FOLLOWS:
Supplies and Terms. Vendor hereby agrees to deliver to the Town of Los Gatos Parks
and Public Works Department at 41 Miles Avenue, Los Gatos, CA 95030 the items and
materials described in Exhibit A hereto. The terms and conditions are as follows:
2. Price. Town shall pay Vendor the amounts defined in Exhibit A, and which include sales
tax and delivery charges. Payment shall be net 30 days from delivery.
Insurance.
A. Minimum Scope of Insurance:
Vendor agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to
an amount not less than: one million dollars ($1,000,000) combined
single limit per occurrence for bodily injury, personal injury and property
damage.
ii. Vendor agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff
to an amount not less than one million dollars ($1,000,000) combined
single limit per accident for bodily injury and property damage.
EXHIBIT A
iii. Vendor shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage including loss of property due to
fire loss. Vendor agrees that all certificates and endorsements are to be
received and approved by the Town before work commences.
iv. Vendor agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which
is sufficient to insure Vendor for professional errors or omissions in the
performance of the particular scope of work under this agreement.
B. General Liability:
i. The Town, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities performed
by or on behalf of the Vendor; products and completed operations of
Consultant, premises owned or used by the Vendor. This requirement
does not apply to the professional liability insurance required for
professional errors and omissions.
ii. The Vendor's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance
or self-insurances maintained by the Town, its officers, officials,
employees or volunteers shall be excess of the Vendor's insurance and
shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Vendor's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to
state that coverage shall not be suspended, voided, canceled, 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 Town. Current certification of
such insurance shall be kept on file at all times during the term of this agreement
with the Clerk Administrator.
D. In addition to these policies, Vendor shall have and maintain Workers'
Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement.
Further, Vendor shall ensure that all subcontractors employed by Vendor provide the
required Workers' Compensation insurance for their respective employees.
4. Indemnification. The Vendor shall save, keep and hold harmless, indemnify and defend
the Town, its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which may be occasioned by a willful or negligent act or omission of
the Vendor, or any of the Vendor's officers, employees, or agents or any subcontractor.
5. Warranty. Vendor shall remedy any defects due to faulty materials and/or workmanship
from the date of installation of equipment. Warranty time lines for equipment shall be as
follows: Labor and materials shall be warranted by the Vendor for one year.
6. Delivery. Owner shall be responsible to deliver equipment no later than June , 2008
between the hours of 7:00 A. M. and 3:30 P. M. on weekdays that are not Town holidays.
7. Time of the Essence. Prompt delivery of the items and materials is essential to this
agreement.
Equal Employment Opportunity. Vendor warrants that it is an Equal Opportunity
Employer and shall comply with applicable regulations regarding equal employment
opportunity. Vendor shall not discriminate in the employment of any person because of
race, color, national origin, ancestry, mental or physical disability, medical condition,
marital status, sex, age, or sexual preference, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment and Housing Act.
9. Notices. All notices to be given with respect to this Agreement shall be addressed as
follows:
To: Town of Los Gatos To: Vendor
Town of Los Gatos Orchard City Lock and Safe, Inc
Parks and Public Works Department 2254 South Bascom Avenue
41 Miles Avenue Campbell, CA 95008
Los Gatos, CA 95030
10. Waivers. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver or a waiver of a subsequent breach of the same or any other provision
of the Agreement.
11. Modification. Waiver, termination, or amendment to this Agreement is effective unless
made in writing and signed by the Town and the Vendor.
12. Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
13. Entire Agreement. This Agreement including Exhibit A sets forth the entire
understanding between the parties.
IN WITNESS WHEREOF, the Town and the Vendor have executed this Agreement on the
date above written.
Town of Los Gatos, by:
Greg Larson, Town Manager
Orchard City Lock and Safe, Inc.
Signature
Recommended by:
Kevin Rohani, Interim Director of
Parks and Public Works
Print Name
Approved as to Form:
Orry P. Korb, Town Attorney
Attest:
Town of Los Gatos, Los Gatos California
Jackie Rose, Clerk Administrator