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1988-179-Approving The Agreement With George A. Greene Company, Consulting Engineer, To Develop Air Conditioning Equipment SpecificationsRESOLUTION NO. 1988 -179 RESOLUTION APPROVING THE AGREEMENT WITH GEORGE A. GREENE COMPANY, CONSULTING ENGINEER, TO DEVELOP AIR CONDITIONING EQUIPMENT SPECIFICATIONS RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the TOWN OF LOS GATOS enter into an agreement with George A. Greene Company, Consulting Engineer for consulting services, and that the Town Manager is authorized, and it is hereby directed, to execute said agreement in the name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on 12 the following vote: AYES: COUNCIL MEMBERS ATTEST: day of September , 1988 by Thomas J. Ferrito, Rober Hamilton Brent N. Ventura and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS amr- ABSENT: COUNCIL MEMBERS Joanne Benjamin Signed: MAYOR OF THE TOWN OF LOS GATOS \ SR. DEPUTY OF TH OWN OF LOS GATOS This a�reement^ made and entered into this_iTn day o[ October 1988^ �v George A Greene Company Cons�/�ting E eers and ii�e Town o� Los Gatos, a municiPal corporation o� State o� Cali�ornia, is agreed to by and between �he part2,es as �ol�ows: 1 �COPE_nF_���n��CT T�e p/`oject consistz o� develop�ng desiq� and co�struction drawinqs �or insialli�g air conditio�ing in the ex�stin� communicaLions equipme�i room at the Los Gatos Ci�ic Cenie�. 1l0 E. ­ain Street, Los Gatos, Cali�ornia 95032. T�e de�i4n shall provide �or installing the new s�stem with t�e least amount o[ visual a�d s�und impact on the exte1 or co�riya�d and iLs surrou�di�gs. 2 �C���-OF_JISCl�LI�� �eorqe � Greene Companv will pro�ide consolii�g services t�ro�g� completion o� constr�cti�n �or the ixstallation o� air conditioning equi�meni including electrical su��icient [or the Tow�'s telephone and computer ne��ds per speci�ications 3 SCD��_�F_SE��IC[�S Geor�z A Greene Company vill provide cont wings and tcchnical speci�ications, help review C. ontractors bid, revie� shop draW ings and other submittals, provide constructiC n o�ser�ation onsultation, conduct a [inal obser�ation an� issue a construction "punch list." George A. Greene Compa�y will provide additional services, i[ requested and authoriced, �o ,eview c.ange order requests and/or pe or othe, sorvices not ed abov�. 4 �E� The �i�ed �ee �or pro�essional services s�al� be pro�ress ngs will be submitted monthlv Reimbursables normally associate� witt a project �s�ch as printing, postage, delivery, t,avel outside a �i�iv-mile radius and long-distance phone W be billed at cost, withou� mark up, in addiiion to pro�essional �ees The amount o� any excise, value added ta�� that mav te impose� shall be added to the fee ab�ve �he T��n shall be �ayment sha�l bz �rovided invoices iast day o� �he M �rovide� i�voiced 5 L onthl7 for ser�ice� pro�ided 'ad- on the 1Oth o� t�e ��llowing month are ,eceived by t�e Town on or be�ore the .nth �or which �or whic� services were 5 nN5 UPON CE_ A�D ADDRESS OF CERTIFICATE HOLDER: �eorge A. Greene Cowpanv shall obtain all insurance required under this section, and such insurance shall he approved by the Town. Approval of the insurance by Lhe Town shall not relieve or decrease one liability of George A. Greene Company hereunder. 7vao. _D7 I _Cgvqragf� Withour limiting any of the liabilities George A. Greene maintain. until the work is Town. Lhe Tollowing minimum T"m _g|-Cgvaraw Worker's Compensation and EmpLoyer's Liability General LiabiliLy l�so:. an ce_Prgvis,ions, other obliqations or Company shall provide and completed and accepted by the insurance coverages" Statutory Limits $1,000`O00 Combined Single Limit George A. Greene Company shall furnish to the Town a certificate of insurance completed by their insurance carrier or agent, certifying (1) that minimum insurance coverages as required above are in effect, (2) that zne Town of Los Gatos, its officers, agents and employees are named as insureds on the General Liability Policv� Georce A. Greene Company will promptly provide written notics to the Town of Los BaLos in Lhe event or cancellation. NA�E A�D ADDRESS OF CERTIFICATE HOLDER: Town of Los Gatos, Its Council Members, Boards Commissions, Employees, and Agents 110 E. Main Street Los Gatos, CA 95032 5eorge A. Greene Company a�rees Lo hold harmlesz and release �rom liability t�e Tow� o Los 8aios, ard employees or any a�d a}l claims arising out o� negl�gent acLs, errors or omissions by George A Greene Compa�v and [urther agrees to indemni�v the Town o� Los Gatos, its o��icers, agents^ and esployees �or any and all da�ages, c�aims, causes o� action, losses, liabiliLy, judgemen�s, costs, c�sts o� co��ecLion, and a�torney's �ees arisin� o�t o[ or re�aiing Lo same 7 TERM��ATION� I� �eorge A Greene Company does not complete the servzces p,omised 1 erewith, including aonal changes or j nreasonahle �elays in the re�isio� or correction o� a discrepancY, Lhs To�n ma; bv �ive (5) days writ�eo no�ice o� discrepancy to Ceorqe A �reene C p o� orgc A. Gree C- C; 71 J F V mav terminate the agreemeni i� Geor�e A Gree�e Company is not paid accordin� to the terms described withi� pa,agraph 4 Eit�er the To, A. Greene C an� may terminaie this a�reement upon �hirty (30> �ay� writ\en notice 8 LEGAL_9ND_�O�IT4BLE_R�M[�DIES� �n a�dition to other rights ar�d remedies thaL �oth parL�es may �ave �or �reach o� Lhis A�reement, boih parties sha�l have �h� r��ht to orce this agreement its provisions by inju�ct�on, specific 7e nrmance or other ,elie� in a co�rt o� action at law, or in e�ui�y, is necessary to en�orce the ierms o� t�is agreefent, the prevailing pariv shail �e entiLled Lo reasonable attorney's [ees, costs and necessary ursements in ad�ition to any other relie[ 9^ GOVEF:NIm _L4W This Agreement shall be bi i shall be �or the bene�it o� both parties and the r heirs, execi tors, administ�ators, successors, and assigns and shall be gove,ned by the laws o^ the t. t. ali[ornia Thz parties hereto agree ihai ihe pro�er venue and j�risdiction �or any legal proceedings co�cerning this Agreement stall be i�e Couniy o� Santa �lara. State o� Cali�ornia. _ r i ��'�d-g� ___ ;, ,