2008-033-Authorizing The Town Manager To Execute An Agreement With O.C. Mcdonald Company, Inc. For Ppw Job No. A08-010 Removal And Replacement Purchase Of A Bolier For The Civic Center In The AmountRESOLUTION 2008-033
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH O. C. MCDONALD COMPANY, INC.
FOR PPW JOB NO. A08-010
REMOVAL AND REPLACEMENT PURCHASE OF A BOILER FOR THE CIVIC CENTER
IN THE AMOUNT OF $47,800
WHEREAS, the existing boiler at the Civic Center has failed and is beyond repair; and
WHEREAS, the Town budget provides for the removal and replacement purchase of a boiler for
the Civic Center; and
WHEREAS, staff prepared a request for proposal for the boiler for the Civic Center; and
WHEREAS, O. C. McDonald Company, Inc., who is the authorized vendor for this type of
equipment, submitted a bid which the Town Council deems to be responsive to the Town's solicitation
process; and
WHEREAS, staff recommends the removal and replacement purchase of a boiler from
O. C. McDonald Company, 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 O. C. McDonald Company, Inc. is declared to be the
authorized satisfactory vendor for the removal and replacement purchase of a boiler; and
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and directed to
execute an agreement (Attached as Exhibit A) for the removal and replacement purchase of a boiler i~~ the--.
amount of $47,800.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21st day of April, 2008 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
ABSTAIN:
IGNED:
C~, ~ ~ ~
MAYOR F THE TOWN OF LOS GATOS
LOS TOS, CALIFORNIA
A EST:
~,..--
C~I~ F THE 'TOW1vT OF LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND
O.C. MCDONALD COMPANY, INC.
FOR PPW JOB NO. A08-010
REMOVAL AND REPLACEMENT PURCHASE OF
THE BOILER FOR THE CIVIC CENTER
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 O. C. McDonald Company, Inc. '{hereinafter Vendor],
as of the day , 2008.
RECITALS
(A) The Town is considering undertaking activities to purchase and install a 2,000 BTU/hr
Rite Durafin Boiler
(B) The Town desires to engage a Vendor to provide services in conjunction with this
project because of Vendor's experience and qualif cations to perform the desired work.
(C) The Vendor represents and affirms that it is qualified and willing to perform the desired
work pursuant to this Agreement.
IT IS AGREED AS FOLLOWS:
Supplies and Terms. Vendor hereby agrees to deliver to the Town of Los Gatos Parks
and Public Worlcs 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.
3. 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.
EXHIBIT A
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.
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 team 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.
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 willfirl or negligent act or omission of
the Vendor, or any of the Vendor's officers, employees, or agents or any subcontractor.
6. Wan•anty. 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 wazranted by the Vendor for one year.
7. Delivery. Owner shall be responsible to deliver equipment no later than June 27, 2008
between the hours of 7:00 A. M. and 3:30 P. M. on weekdays that are not Town holidays.
8. Time of the Essence. Prompt delivery of the items and materials is essential to this
Agreement.
Equal Employment OpportunitX. Vendor warrants that it is an Equal Oppoz-tunity
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.
10. Notices. All notices to be given with respect to this Agreement shall be addressed as
follows:
To: Town of Los Gatos
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
To: Vendor
O. C. McDonald Company, Inc.
Ronald Almond, Sezvice Manager
P. O. Box 26560
San Jose, CA 95159-6560
11. 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.
12. Modification. Waiver, termination, or amendment to this Agreement is effective unless
made in writing and signed by the Town and the Vendor.
13. 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.
14. 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
O. C. McDonald Company, Inc.
Signature
Recommended by:
Kevin Rohani, Interim Director of
Parks and Public Worlrs
Print Name
Approved as to Form:
Orry P. Korb, Town Attorney
Attest:
Town of Los Gatos, Los Gatos California
Jackie Rose, Cleric Administrator
~~. _.
Sheet wl~itial:F._=bricatioir
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P:O. 80::26560. SAN JOSE, CALIFORNIA, 35153-6560
1'150 U1!. SAf~ CARLOS STREET PHONE (408) 235-2182
l=AX # (402j 235-0626
Town of Los Gatos April 15, 2008
Attn. Mr. Bruce :Smith
41 Miles Avenue Location: 2890 De La Cruz Blvd., Santa Clara.
Los Gatos, California 95030
~R~P®S~i~.,
Scope of Work:
Provide and install One (1) 2,000 BTU/hr *Rite Durafin Boiler. Remove and dispose of existing
Sterling Boiler. Install new free-standing bladder type expansion tank. Install Air Separator in
boiler supply lice. Izastall -t~ew chemical pot-feeder. Abandoaz existing expaansioaz ta~xk iaz-place.
• All Crane & rigging work during normal business hours.
• Specified units to be removed and replaced during normal business hours.
• Disconnect existing boiler from all utilities and piping. Remove from mechanical room.
• Dispose of existing boiler according to EPA guidelines,
• Police Department will need to make space available for all O.C. McDonald vehicles
during the course of this project (2 spaces)
• Gas and water piping will be modified as needed to meet the boiler points of connection.
• Flue piping (10") will be installed to the welded steel rectangular flue in the mechanical
Room, just as the existing boiler flue pipe is installed.
• The louver panels in the exterior mechanical room wall wilt be removed and placed back.
• New expansion tank and pot feeder will be placed near boiler.
• Startup & commissioning during normal business hours.
Exclusions: Overtime, water treatment, pipiixg system cleaning, line voltage power wiring or conduit,
asbestos testing or abatement, HVAC system performance analysis.
YOUR NET COST FOR TI-IE ABOVE PROJECT .........................................$47,800.00
By:
By:
Sign:
Print:
Town of Los Gatos
Ron Almond
Service Manager
O.C. McDonald Company
408.295.21$2 x 348
P.O. number.:
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