2001-070- Awarding A Construction Contract For Project For Project #01-13 Contractual Services For Emergency GeneratorRESOLUTION 2001 - 70
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT FOR PROJECT #01-13
CONTRACTUAL SERVICES FOR EMERGENCY GENERATOR
WHEREAS, bids were sought in conformance with State and Town law for the Project
#01-13 - for Contractual Services for the Emergency Generator Contractual services; and
WHEREAS, Cupertino Electrical Company of San Jose submitted the lowest bid which
the Town Council deems to be responsive to the Town's solicitation dated of May 23,2001.
WHEREAS, this project will be funded by a budget adjustment from General Fund
Reserve for the Civic Center Improvements in the amount of $175,000,00.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that Cupertino Electrical Company of San
Jose, California is declared to be the lowest responsible bidder for Project ##01-13 - Emergency
Generator Contractual Services.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute a contract (Attached as Exhibit A) for said project on behalf of the Town in
the amount of $117,057.00.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 18"' day of June, 2001, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: Steven Blanton
ABSTAIN: None
SIGNED: aAYOROW)TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
OFFICE OF THE TOWN CLERK
AGREEMENT FOR IHH ----,
EMERGENCY ELECTRICAL SYSTEMS UPGR FS —
RED
THIS AGREEMENT is entered into this day ofOA21�(41;
by and between the Town of Los Gatos, State of California, herein called the "Town", and
Cupertino Electric, 'Inc., engaged in providing electrical services herein called the
"Contractor"
RECITALS
A. The Town is considering undertaking activities to upgrade the Town's Civic Center,
Neighborhood Center and Service Center emergency electrical system components.
B. The Town desires to engage an electrical contractor to provide services in
conjunction with upgrading the emergency electrical systems components, because
of Contractor's experience and qualifications to.perform the desired work.
C. The Contractor represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Contractor shall provide the services listed on Exhibit A,
attached hereto and by this reference incorporated herein.
2. Time of Performance. The services of the Consultant are to commence upon the
execution of this Agreement and issuance of a Town purchase order, with
completion of the project by October 31, 2001.
3. Compliancewith Laws. The Contractorshall complywith all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Contractor
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Contractor to practice
its profession. Contractor represents and warrants to Town that Contractor shall,
at its sole cost and expense, keep in effect or obtain at all times during the term of
this Agreement any licenses, permits, and approvals which are legally required for
Contractorto practice its profession. Contractor shall maintain a Town of Los Gatos
business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
4. Sole Responsibility. Contractor shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
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Exhibit A
5. Information/Report Handling. All documents furnished to Contractor by the Town
and all reports and supportive data prepared by the Contractor under this
Agreement are the Town's property and shall be delivered to the Town upon the
completion of Contractor's services or at the Town's written request. All reports,
information, data, and exhibits prepared or assembled by Contractor in connection
with the performance of its services pursuant to this Agreement are confidential until
released by the Town to the public, and the Contractor shall not make any of the
these documents or information available to any individual or organization not
employed by the Contractor or the Town without the written consent of the Town
before such release. The Town acknowledges that the reports to be prepared by
the Contractor pursuant to this Agreement are for the purpose of evaluating a
defined project, and Town's use of the information contained in the reports prepared
by the Contractor in connection with other projects shall be solely at Town's risk,
unless Contractor expressly consents to such use in writing. Town further agrees
that it will not appropriate any methodology or technique of Contractor which is and
has been confirmed in writing by Contractor to be a trade secret of Contractor.
6. Compensation. Compensation for Contractor's professional services shall not
exceed $117,057.00 and payment shall be based upon Town approval of each task
as set fourth in Exhibit A, Attachment 1,incorporated herein.
Billing shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or
other pertinent materials shall be submitted for Town review, even if only in partial
or draft form.
Payment shall be net thirty (30) days.
All invoices and statements to the Town shall reference the Town's purchase order
number and be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031
Statements:
Town of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95031
7. Availability of Records. Contractor shall maintain the records supporting this billing
for not less than three years following completion of the work underthis Agreement.
Contractor shall make these records available to authorized personnel of the Town
at the Contractor's offices during business hours upon written request of the Town.
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8. Project Manager. The Project Manager for the Contractor for the work under this
Agreement shall be John'E. Hickey. The Project Manager for the Town for the work
under this Agreement shall be Steve Regan.
9. Assignability and Subcontracting. The services to be performed under this
Agreement are unique and personal to the Contractor. No portion of these services
shall be assigned or subcontracted without the written consent of the Town.
10. Notices. Any notice required to be given shall be deemed to be duly and properly
given if mailed postage prepaid, and addressed to:
To Town:
Director of Parks & Public Works
Post Office Box 949
Los Gatos, CA 95030
To Contractor:
John E. Hickey
Cupertino Electric, Inc.
1132 North Seventh Street
San Jose, CA 95112
or personally delivered to Contractor to such address or such other address as
Contractor designates in writing to Town.
11. Independent' Contractor. It is understood that the Contractor, in the performance
of the work and services agreed to be performed, shall act as and be an
independent contractor and not an agent or employee of the Town. As an
independent contractor he/she shall not obtain any rights to retirement benefits or
other benefits which accrue to Town employee(s). With prior written consent, the
Contractor may perform some obligations underthis Agreement by subcontracting,
but may not delegate ultimate responsibility for performance or assign or transfer
interests under this Agreement.
Contractor agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Contractor shall be compensated for
its costs and expenses in preparing for, traveling to, and testifying in such matters
at its then current hourly rates of compensation, unless such litigation is brought by
Contractor or is based on allegations of Contractor's negligent performance or
wrongdoing.
12. Conflict of Interest. Contractor understands that its professional responsibilities is
solely to the Town. The Contractor has and shall not obtainanyholding or interest
within the Town of Los Gatos. Contractor has no business holdings or agreements
with any individual member of the Staff or management of the Town or its
representatives nor shall it enter into any such holdings or agreements. In addition,
Contractor warrants that it does not presently and shall not acquire any direct or
indirect interest adverse to those of the Town in the subject of this Agreement, and
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it shall immediately disassociate itself from such an interest should it discover it has
done so and shall, at the Town's sole discretion, divest itself of such interest.
Contractor shall not knowingly and shall take reasonable steps to ensure that it
does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Contractor discovers it has employed
a person with a direct or indirect interest that would conflict with its performance of
this Agreement, Contractor shall promptly notify Town of this employment
relationship, and shall, at the Town's sole discretion, sever any such employment
relationship.
13. Equal Employment Opportunity. Contractor warrants that it is an equal opportunity
employer and shall complywith applicable regulations governing equal employment
opportunity. Neither Contractor nor its subcontractors do and neither shall
discriminate against persons employed or seeking employment with them on the
basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical
ormental disability, national origin, religion, or medical condition, unless based upon
a bona fide occupational qualification pursuant to the California Fair Employment
& Housing Act.
14. Insurance.
A. Minimum Scope of Insurance:
Contractor 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.
Contractor 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.
iii. Contractor shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Contractor agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Contractor 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 Contractor for professional
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errors or omissions in the performance of the particular scope of work
under this agreement.
B. General Liability:
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 Contractor; products and completed
operations of Contractor, premises owned or used by the Contractor.
This requirement does not apply to the professional liability insurance
required for, professional errors and omissions.
The Contractor'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 Contractor'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 Contractor'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, cancelled, 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 Town Clerk.
D. In addition to these policies, Contractor 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, Contractor shall ensure that all subcontractors
employed by Contractor provide the required Workers' Compensation
insurance for their respective employees.
15. Indemnification. The Contractor 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
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of, or in the course of performing work which may be occasioned by a willful or
negligent act or omissions of the Contractor, or any of the Contractor's officers,
employees, or agents or any subContractor.
16. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder, nor does waiver of a breach or default under this Agreement
constitute a continuing waiver of a subsequent breach of the same or any other
provision of this Agreement.
17. Governing Law. This Agreement, regardless of where executed, shall be governed
by and construed to the laws of the State of California. Venue for any action
regarding this Agreement shall be in the Superior Court of the County of Santa
Clara.
18. Termination of Agreement. The Town and the Contractor shall have the right to
terminate this agreement with or without cause by giving not less than 15 days
written notice of termination. In the event of termination, the Contractor shall deliver
to the Town all plans, files, documents and reports performed to date by the
Contractor. In the event of such termination, Town shall pay Contractor an amount
that bears the same ratio to the maximum contract price as the work delivered to the
Town bears to completed services contemplated under this Agreement pursuant to
Exhibit A hereto, unless such termination is made for cause, in which event,
compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
19. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the
Contractor.
20. Change Orders. All changes to this Agreement shall be in writing and signed by the
Owner and the Contractor. Change orders shall be sujct to prior approval of Owner
and issuance of a separate purchase order prior to any part of the payment of
contingency amount.
21. Disputes. In any dispute over any aspect of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, including costs of appeal.
22. Entire Agreement. This Agreement, including Exhibit A attached hereto, constitutes
the complete and exclusive statement of the Agreement between the Town and
Contractor. No terms, conditions, understandings or agreements purporting to
modify or vary this Agreement, unless hereafter made in writing and signed by the
party to be bound, shall be binding on either party.
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IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement
as of the date indicated on page one (1).
Town of Los Gatos, by:
Debra J. Figone, Town Manager
Approved as to form:
Orry P. Korb, Town Attorney
Attest:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove
Contractor, by:
Signature
Print Name
Title
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May-23-01 01:38P Cupertino Electric sevvi 408-275-6432 P.02
BID FORM
TO: The Town of Los Gatos, County of Santa Clara, State of California,
herein called Owner
FROM: Cupertino Electic , herein called Contractor
A. UNIT PRICE SCHEDULE
The undersigned bidder, having'become thoroughly familiar with the local conditions affecting the
Performance and the costs of the Work at the place where the Work is to be done, and having
inspected the site in all,particulars, hereby proposes and agreesto fully perform the work (including
the furnishing of any and all labor and materials) and do all the work required to construct and to
complete said work, and that Contractor will take in full payment therefor the amounts shown on
the following unit price schedule:
ITEM
DESCRIPTION
UNIT OF
NO.
OF ITEM
MEASURE
TOTAL
1.
Emergency Electrical Work at Civic
Lump Sum
Center
/ � .7-7 4
T
2,
Emergency Electrical Work at
Lump Sum
TS-7r'nn
Neighborhood Center
no
3.
Emergency Electrical Work at Service
Lump Sum
Center
3 enef, 1--
TOTAL BID (ITEMS 1-3) $ 117 0 5 7, o o
I!
Attachment 1