1999-121-Execution Of An Agreement With Reed And Graham For materials Contract Hot Mix Asphalt Project #00-08RESOI.,IJTI01~11999 - I2I
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXgp~~EC~~U~`TION OF AN AGREEMENT WITH
REEAJ 6.X. GRAHAIVA, AlVC.
FOR 1~ATEIZIALS CONTRACT HOT MIX ASPHALT PROJECT #00-08
WHEREAS, bids were sought in conformance with State and Town law, and Reed &
Graham, Inc. is the lowest bidder for Project #00-08 -Materials Contract for Hot Mix Asphalt.
THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California, that the Town Manager is .authorized to enter into an
agreement with Reed 8b Graham, Inc. for materials contract hot mix asphalt Project #00-08,
(attached) as Exhibit A.
PASSED Al®11) AI)OPTEI) at a regular meeting of the 'Town Council of the
Town of Los Gatos, California, held on the 2nd day of August, 1999, by the following vote.
COUNCIL MEMBERS:
AYES; Randy Attaway, Steven Blanton, Linda.Lubeck, Joe Pirzynski,
li~ayor .Jan Hutchins.
NAPS: None
ABSENT: None
ABSTAIN: None
OS
ATTEST':
`~
CLERK OF `T'OTE Tf:~`?~`:~i ~F LOS G OS
I,OS GATOS, CALIF ORiotIA
~~ i~~ m
SECTION 3 - TECHNICAL PROVI~' 'S
4
SECTION 2
AGREEMENT TO PROVIDE MATERtA~s
THIS AGREEMENT is made and entered into in the Town. of Los Gatos, Country of Santa Clara,
State of California, by and between the TOWN OF LOS GATOS, a municipal corporation [hereinafter
Town], :and REED & GxaxArt [hereinafter .Supplier], as of the 19 day ofM~Y
1 1999.
RECITALS
{A) Bids were sought 'by the Town for the supply of materials described in this Agreement.
Supplier was found to be within 30-mile round-trip driving distance from Los Gatos and is the
lowest responsible. supplierforthis purchase.
(B) Contractor represents that it is a qualified and competent supplier of the items to be ,purchased
under this Agreement.
iT IS AGREED AS 'FOLLOWS:
1. Supplies and Terms. Supplier hereby :agrees to .provide approximately 4,000 tons of asphalt
concrete comprised of various size aggregates (3/4-inch, 1/2- inch, and 1/4-inch) for Town use
in street grinding project, pot hole repairs, and other related street maintenance needs
throughout fiscal year 199.9-00 to be picked up by the Town. Supplier also agrees to supply
100 tons of temporary cold-patch mix for pot. holes .repairs, and supply a towable oil trailer
when needed. Quantity of 1/4-inch aggregates shall not exceed 10% of the-total amount of
hot mix asphalt. Supplier shall accept and ,recycle demolition debris from damaged street
sections in the form of .grindings and broken sections of asphalt. Supplier shall include
disposal and recycling cost as part of the total cost per ton for hot mix asphalt.
2. Price. Town shall pay Suppler the amounts defined in Section 3-02G, plus sales tax. Payment
shall be net 30 days.
3. Invoices/Statements: 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 949
Los Gatos, CA 95030
Statements: Town of Los Gatos
Attn: Sandy Ortiz
P.O. Box 949
Los Gatos, CA 95030
4. Time of the Essence. Prompt delivery of the items and materials is essential to this
Agreement.
rv f ' .
Revised: October 28, 1997 (ATY)
t ( 5
5. Equal Employment OR ortuni ,Contractor warrants that it is an Equal. Opportunity Employer
and shall comply with applicable regulations regarding equal employment opportunity.
Contractor 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.
6. Notices. All notices to be given with respect to this Agreement shall be addressed as follows:
To Town: Scott R. Baker, Director of Parks and
Public Works
P.O. Box 949
Los Gatos, CA. 95031
To Contractor: xEEn & GxAx~, INC .
690 SUNOL ST.
.'.SAN JOSE. CA. 95.126
7. Compliance with Laws. The Contractor shall comply with ail 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 perform the services required
by this Agreement. Contractor represents and warrants to Town that Contractor shall, at its.
sole cost and expense, maintain at all times during the term of this Agreement any licenses,
permits, and approvals which are .legally required for Contractor to perform the. services
required by this Agreement.
8. Sole Responsibilitk Contractor shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
9. 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, including its principals.,
employees, agents or subcontractors, shall not obtain any rights to retirement benefits or other
benefits which accrue to Town employee(s).
10. Subcontractural Assignment With prior written consent of the Town, 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.
11. Eaual Em I~oyment Rportunity. 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 of age., 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.
Revised: October 28, 1997 (AN)
i 6
t, 12. 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.
13. Modifications. No modification., waiver, termination, or amendment to this Agreement is
effective unless made in writing signed by the Town and the Contractor.
14. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction.,
the remainder of this Agreement shalt remain in effect.
15. Governing taw. This Agreement., regardless of where executed,,, shall be .governed by and
construed according to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior or~Municipal Court of Santa Clara County.
16. Entire Agreement. This Agreement sets forth the entire understanding between the parties.
17. Business License All Contractors, whether they be general Contractors or subcontractors.,
who transact or carry on business in the Town of tos Gatos, shall acquire a Business License
in conformance with Section 14.20.115 of the Los Gatos Town Code.
IN WITNESS WHEREOF, the Town and the Contractor have executed thisAgreement on the date
above written.
CONTRACTOR TOWN OF 'LOS GATOS
By z~~ ay:
' TOWN MANAGER
APPROVED AS TO FORM:
Orry, P. Korb, Town Attorney
ATTEST:
Marian Cosgrove, Town Clerk
Town of Los Gatos
Revised: October 28, 1997 (ATY)