2002-063- Awarding A Construction Contract To Cupertino Electric, Inc.RESOLUTION 2002 - 63
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
CUPERTINO ELECTRIC, INC.
FOR PROJECT # 02-OS
OAK MEADOW PARK ELECTRICAL IMPROVEMENTS
WHEREAS, bids were sought in conformance with State and Town law for Project #02-
05 Oak Meadow .Park .Electrical Improvements; and
WHEREAS, Cupertino Electric, Inc. submitted the lowest bid which the Town Council
deems to be responsive to the Town's solicitation.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that Cupertino Electric Inc. is declared to be
the lowest responsible bidder for Project #02-OS Oak Meadow Park Electrical Improvements.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to .execute a construction contract (attached as Exhibit A) for said project on behalf of
the Town in the amount of $57,624.56,
PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, .held on the 6th day of May, 2002, by the following vote:
COUNCIL MEMBERS:
AYES: 'Steven Blanton, Sandy Declcer, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
.ABSENT: None
ABSTAIN: None
SIGNED: ~l
MAYOR THE TO OF LOS GATOS
LOS GATOS, CALIF RNIA
.ATTEST: ~~// ~
.~~ U. ~~
CLERK OF THE TOWN OF LOS TOS
LOS GATOS,'CAL,IFORNIA
.~'_;l, OF `~H~ ~'nWN CLERK
AGREEMENT FOR CONSTRUCTION SERVI~L~4S- ~'~ `J~ ~`3
:~a.x
THIS AGREEMENT is .entered into this day of , ~Qp,2, by and between t .
Town of Los Gatos, .:State of California, herein called the "Town", and Cupertino Electric, Inc.,
engaged in providing construction services herein called the "Contractor" `~i~~~G; ~ ~ ., .~
-- C.
RECITALS
A. The Town is considering undertaking activities to perform construction services in
connection with Project 02-05 -Oak Meadow Park Electrical Improvements.
B. The Town desires to engage a contractor to provide equipment and ,perform all work related
to the Oak Meadow Park Electrical Improvements 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 following services listed below and as
outlined in :(Attachment 2).
2. Time of Performance. The services ofthe Contractor are to commence upon the execution
of this Agreement and issuance of a Town purchase order, with completion of the work by
May 31, 2002.
3. Compliance with .Laws. The Contractor shall comply with all app icable 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 (building permit will be provided by the Town of Zos Gatos), and approvals which
are legally required for Contractor to 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. Contractor shall be responsib e for .employing or engaging all persons necessary to
perform the services under this Agreement.
4. 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 theTown 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.
Compensation. Compensation for Contractor's services shall not equal or exceed
$57,624.56 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 changes to this contract shall be in writing and signed by the Owner and the Contractor.
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 95030
.Statements:
Town of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95030
6. Availability of Records. Contractor shall maintain the records supporting this billing for not
less than three (3) years following completion ofthe work under this 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.
7. .Project Manager. The Project Manager for the Towne for the work under this Agreement
shall be Kevin Rohani, Town Engineer. The Project Manager for Cupertino electric Inc.
for the work under this Agreement shall be Corey Munoz.
8. Assignability and Subcontracting. 'The services to be performed under this Agreement are
responsibility of the contractor and .his subcontractors.
9. 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: To Contractor:
Director of Parks & Public Works Industrial Service Division Project Manager
Town of Los Gatos Cupertino Electric, Inc..
Post Office Box 949 1132 North Seventh Street
Los Gatos, CA 95030 San Jose, Ca 95112
or personally delivered to Contractor to such address or such other address as Contractor
designates in writing to Town.
10. Independent Contr(ctor. It is understood that the Contractor, ~i~ 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 under this 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 itigation 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.
11. Wages. Workers employed in the work must be paid at rates at least equal to the then current
prevailing wage scale as determined by the State Director of the Department of Industrial
Relations. A copy is usually on file in the Office of the Director of Parks & Public Works.
Pursuant to California Labor Code § 1770, any Contractor who is awarded a public works
project and intends to use a craft of classification not shown on the .general prevailing wage
determinations, may be required to pay the wage rate of that craft of classification :most
closely related to it as shown in the general determinations effective at the time of the calls
for bids.
12. :Performance Bond and Labor Materials Bond. At or prior to the delivery of the signed
Agreement, Contractorshall deliver to Owner the Performance Bond and Labor andMaterial
person's Bond. All bonds shall be on forms provided by Owner, and each shall be in an
amount equal to 100% of the contract price. All bonds shall be approved by the Director of
Parks & Public Works of the Town of Los Gatos before the successful bidder may proceed
with the Work. Failure or refusal to furnish bonds in the form satisfactory to the Director of
Parks & Public Works of the Town of Los Gatos shall subject the bidder to penalties for
delay in commencement of the Work or revocation of the Award of Contract.
Pursuant to California Public Contract Code §22300, the Contractor will be permitted, at its
request and sole expense, to substitute securities for any monies withheld by the Town to
ensure performance under the contract. Said securities will be deposited either with the
Town or with the state or federally chartered bank as escrow agent.
Securities eligible for this substitution are those listed in California Government Code
§ 16430 or bank or savings and loan certificate of deposit, interest bearing demand deposit
accounts, standby letters of credit, or :any other mutually agreed to by Contractor and the
Owner. The Contractor shall be the beneficial owner of any securities substituted for monies
withheld and shall receive any interest thereon.
13. Conflict of Interest. Contractor understands that its professional responsibilities is solely to
the Town. The Contractor has and shall not obtain any holding 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, Contr (L~or warrants that it does not presently and ~iZall not acquire ..any director
indirect interest adverse to those of the Town in the subject of this Agreement, and 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 teps 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.
14. Equal Employment OpportunitX. Contractor warrants that it is an equal opportunity
employer and shall comply with 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 ofage, sex, color,
race, marital status, sexual orientation, ancestry, physical or mental disability, national origin,
religion, or medical condition, unless based upon a bona fide occupational qualification
pursuant to the California Fair Employment & Housing Act.
15. 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 mlliori dollars ($1;000;000) combined single limit
per occurrence for bodily injury, personal .injury and property damage.
ii. 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 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 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.
ii. Th~/ ontractor's insurance coverage shall be~ .rnary .insurance as respects
theTown, 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,. 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
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 emp ogees.
16. 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 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.
17. Waiver. Nofailureonthepartofeitherpartytoexerciseanyrightorremedyhereundershall
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.
18. 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.
19. 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 fifteen (15) days written notice
of termination. In the event of termination, the Contractor shall deliver to the Town all
plans, files, documents,. 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 ,paragraph 6 hereto, unless such termination is made for
cause, in which event, compensation, if any, shall be adjusted in Tight of the particular facts
and circumstances involved in such termination.
20. 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.
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,,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.
IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement as of the
date indicated on page one {l).
Town of Los Gatos, by:
.Debra J. Figone, Town Manager
Recomme ded by:
Joh Curtis
Dire t of .Parks and Public Works
Contractor, by:
Signature
co~~ G~iL~~v~
Print Name
Approved as to form:
Orry orb, Town Attorney
. ~o ~~ ,~-~ ~~
Title
Attest:
Clerk of the Town of Los Gatos
Los Gatos, California
Marian V. Cosgrove, Town C erk