2008-066-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 TRESOLUTION 2008-066
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 2007/08 budget provides for the equipment purchase and installation of
automatic door openers at the Civic Center Complex; and
WHEREAS, staff prepaj•ed a request for proposal for the automatic door openers for the Civic
Center Complex; and
WHEREAS, Orchard City Locl< 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, Ina; 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 held on the 2nd day of
June, 2008 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
SIGN D: JJJ
~~ ~
MAY R OF THE TOWN OF LOS GATOS
GATOS, CALIFORNIA
ATTEST:
ERIC F THE TOWN OF LOS GATOS
LOS OS, CALIFORNIA
AGREEMENT
BETWEEN TIIE TOWN OF LOS GATOS AND
OR:CHA.RD CITY LOCK AND SAFE, INC,
FOR THE EQUIPMENT PURCHASE AND YNSTALLATIUN 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 rnunicipal
corporation [hereinafter Town], and Orchard City Lock anal 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 amotu~ts defined in Exhibit A, and which include sales
tax acid delivery charges. Payment shall be net 30 days from delivery.
Insurance.
A. Minimtun Scope of Insurance;
i. Vendor agrees to have .and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/11er firm to
an amount not Iess than: one million dollars ($1,000,000) combined
single Iirxlit per occurrence for bodily injuuy, personal injury and property
damage.
ii. Vendor agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring lum/her and his/her staff
to an amount not less than ono million dolla~•s ($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 ui the
performance of the particular scope of work under this agreement.
B. General Liability:
The Town, its orl7cers, officials, employees and volunteers are to be
covered as insuued as respects: liability arising out of activities performed
by or or1 behalf of the Vendor; ln•oducts 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 Towu, its officers, officials, employees or
volunteers.
iv. Tl1e Vendor's insurance shall apply separately to each insured against
whom a clahn is made or shit is brought, except with respect to the limits
of the iiistuer's liability.
C. All Coverages: Each insurance policy required in thisrtern 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 insiuance shall be Dept on file at a.ll tinges during the term of this agreement
with the Clerlc Administrator.
D. In addition to these policies, Vendor shall have and maintain Workers'
Compensation insuuance as required by California law and shall provide evidence
of such policy to tl~e Town before begiiuling 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 alI damages, liabilities,
penalties, costs, or expenses in law ar equity that may at any time arise ar be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which maybe 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,
S. Warranty. Vendor shall remedy any defects due to faulty materials and/or worlcmanslup
front the date of installation of equipment. Warranty time lines for equipment shall be as
follows: Labor and materials shall be warranted by tine Vendor for one year.
Delivery. Owner shall be responsible to deliver equipment no later than June _, 2008
between tl~ze hours of 7:00 A. M. and 3:30 P. M, on weel~days 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. Vendox warrants that it is an Equal Opporunity
Employer and. shall comply with applicable regulations regarding equal employment
opporhinity. Vendor shall not discriminate in the employment of any person because of
race, color, national origin, ancestry, mental or physical disability, medical condition,
n~zarital 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 witln respect to this Agreement shall be addressed as
follows:
To: Towwn of Los Gatos
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
To: Veazdor
Orchard City Lock and Safe, Inc
2254 South Bascom Avenue
Campbell, CA 95008
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 WIiEREOF, 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
12ecommended ley:
Kevin Rolxaui, Interim Director of
Parks and Public Works
Print Name
Approved as to Form:
Orry P. I~.orb, 't'own Attorney
Attest:
Town of Los Gatos, Los Gatos California
Jackie Rosa, Clerk Administrator