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1999-060-Authorizing Town Manager To Execute An Agreement With Traffic Safety Supply On Behalf Of The TownRESOLUTION 1999 - 60 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH TRAFFIC SAFETY SUPPLY, INC. ON BEHALF OF THE TOWN OF LOS GATOS WHEREAS, on April 21, 1998 Council adopted Resolution 1998 -47, a sign replacement program for signs in the right -of -way; and THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos to authorize the Town Manager to execute an agreement (Exhibit A) on the behalf of the Town of Los Gatos with Traffic Safety Supply, Inc. in the amount of $6,984.03 for supplying ornamental bases and sign mounting hardware. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of, 1999, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzinski, Mayro Jan Hutchins NAYS: None ABSENT: None ABSTAIN: None SIGNED: ►I LOS GA ATTEST: 1 CLERK OF THE TOWN OXOS GATOS LOS GATOS, CALIFORNIA OF LOS GATOS , CALIFORNIA AGREEMENT TO PROVIDE STREET SIGN HARDWARE TO THE TOWN OF LOS GATOS 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 TRAFFIC SAFETY SUPPLY, INC. [hereinafter Contractor], as of the day I , 1999. RECITALS (A) Quotations were sought by the Town for the purchase described in this Agreement, and Contractor was found to be the lowest responsible supplier for this 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. Contractor hereby agrees to deliver to Town at 71 MILES AVENUE, LOS GATOS, CA 95030, the items and materials described in Exhibit "A" hereto. The terms and conditions are as follows: a. Price. Town shall pay Contractor the amounts defined in Exhibit "A ", F.O.B., and which include sales tax and delivery charges. Payment shall be net 30 days from delivery. 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 b. Delivery. The delivery of the items and materials shall be no later than 45 calendar days from the date of Notice to Proceed. Delivery shall be made between 8:00 a.m. and 3:30 p.m. on weekdays that are not Town holidays. DT- SIGN2:\A: \CONTRACT\TRAP- SARAGR EXHIBIT ATTY Rev: 5/7/98 Revised 2/16/99 1 2. Time of the Essence. Prompt delivery of the items and materials is essential to this Agreement. 3. Equal Employment Opportunity. 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. 4. Notices. All notices to be given with respect to this Agreement shall be addressed as follows: To Town: Bud Lortz, Assistant Planning Director Town of Los Gatos P.O. Box 949 Los Gatos, CA 95021 To Contractor: Vincent Perez, President Traffic Safety Supply, Inc. 7950 Dublin Boulevard, Suite 201A Dublin, CA 94568 5. 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. 6. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the Town and the Contractor. 7. 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. 8. Entire Agreement. This Agreement constitutes the complete and exclusive statement of this agreement between the TOWN and CONTRACTOR. No verbal agreement or conversation with any officer, agent, or employee of TOWN, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations contained in the Agreement. 9. Specifications. Specifications for Historic Downtown Street Sign Hardware dated 6/30/98 and revised 1/27/99 (Exhibit B). Unit prices are from Pelco Products, Inc., Quote Number 1050, received February 10, 1999. 10. Insurance. Inasmuch as CONTRACTOR will not be preforming any work with Town limits or on Town -owned property, the liability insurance usually required by the Town will not be required to be provided. DT- SIGN2: \A: \CONTRACT\TRAP- SAE.AGR ATTY Rev: 5/7/98 Revised 2/16/99 2 11. Town Business License. A Town Business License will not be required. TOWN OF LOS GATOS DATE: TOWN MANAGER ATTEST: DA' TOWN CLERK APPROVED AS TO FORM: DATE: TOWN ATTORNEY CONTRACTOR TRAFFIC SAFETY SUPPLY, INC. DATE: Vincent Perez, President DT- SIGN2: \A: \CONTRACT\TRAF- SAF.AGR ATTY Rev: 5/7/98 Revised 2/16/99 3 EXHIBIT "A" PELCO PRODUCT5, INC. ORDER HARDWARE C05T5 UNIT NO. OF ITEM C05T ITEMS Post top cap (511- 1800- 5P -P33) 15.55 35 90 Degree Goss (5H- 1801 -5P -P33) 13.60 35 Spire Point Finial (5H- 1809 -5P -P33) 31.05 15 Aluminum Ornamental Base (AP- 0801 - 2.375 -P33) SUBTOTAL Tax Shipping TOTAL TOTAL C05T 544.25 476.00 465.75 136.60 35 4,781.00 6,267.00 8.25% 517.03 Not to exceed: 200.00 $ 6,984.03 NOTE All parts to be black powder- coated. Vandal -proof set screws included on sign mounting hardware. DT- SIGNS2:UCLS \pe1co Printed: 5/7/99 2:52 PM TOWN OF LOS GATOS HISTORIC DOWNTOWN STREET SIGN HARDWARE SPECIFICATIONS POST TOP CAP: w /6" slotted extrusion, Pelco Products style SH- 1800- SP -P33 90° CROSS: w /6" slotted extrusions, Pelco Products style SH- 1801 -SP -P33 SPIRE POINT FINIAL: w /6" slotted extrusion, Pelco Products style SH- 1809 -SP -P33 SIGN POST: 2 in. I.D. (2 -3/8 in O.D.) x 8 ft., Schedule 40 galvanized steel, with semi -gloss black powder coat, common thread at one end ORNAMENTAL BASE: Aluminum, 24 in. high w/2 -3/8 in. I.D., Pelco Products style AP- 0801- 2.375 -P33 NOTE: Sign harware, parts and aluminum base (from Pelco Products) are powder coated semi- gloss black. All sign mounting hardware is to include vandal -proof set screws. OT- SIGN52: \A: \MI5C \HAROWARE.SGN Revised: 1/27/99. TD