1998-091-Execution Of An Agreement With Granite Rock Company, Inc. For The Construction Of Project #9805 Materials Contract For Hot Mix AsphaltRESOLUTION 1998 - 91
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
GRANITE ROCK COMPANY, INC.
FOR THE CONSTRUCTION OF PROJECT #9805
MATERIALS CONTRACT FOR HOT MIX ASPHALT
WHEREAS, bids were sought in conformance with State and Town law, and Granite
Rock Company, Inc. is the lowest bidder for Project 49805 - 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 Granite Rock Company, Inc. for the construction of Project 99805 - Materials
Contract for Hot Mix Asphalt, (attached) as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 15th day of June, 1998, by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Mayor Linda Lubeck
NAYS: None
ABSENT: Randy Attaway, Jan Hutchins
ABSTAIN: None
SIGNED: MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO,GATOS
LOS GATOS, CALIFORNIA
Section 2
AGREEMENT TO PROVIDE MATERIALS
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 _
[hereinafter Supplier], as of the _ day of 1998.
RECITALS
(A) Bids were sought by the Town for the supply of material described in this Agreement.
Supplier was found to be within 30 -mile round -trip driving distance from Los Gatos and is
the lowest responsible supplier for this purchase.
(B) Supplier represents that it is a qualified and competent supplier of the items to be
purchased under this Agreement.
IT IS AGREED AS FOLLOWS:
Supplies and Terms. Supplier hereby agrees to provide supplying approximately 6,000 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, pot hole repairs, and other related street maintenance needs
throughout fiscal year 1997 -1998 and 1998 -1999 hereto to be picked up by the Town. Also
supply 100 tons of temporary cold -patch mix for pot hole repairs. Quantity of 1/4 -inch
aggregates shall not exceed 10% of the amount of hot mix asphalt. Supplier shall accept
and recycle demolition debris from damaged street sections in the form of grindings and
broken asphalt. Supplier shall include disposal and recycling costs as part of the total cost
per ton for the hot mix asphalt.
2. Price. Town shall pay Supplier the amounts defined in Section 3 -02G, plus sales tax.
Payment shall be net 30 days from pick up day.
Time of the Essence. Prompt availability of the items and materials is essential to this
Agreement.
4. Equal Employment Opportunity. Supplier warrants that it is an Equal Opportunity Employer
and shall comply with applicable regulations regarding equal employment opportunity.
Supplier 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.
5, Notices. All notices to be given with respect to this Agreement shall be addressed as
follows:
To Town: Steve Regan
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
To Supplier
6. Waivers. Waiv_. of a breach or default under this Agree—ant shall not constitute a
continuing waiver or a waiver of a subsequent breach of the same or any other provision of
the Agreement.
7. Modifications. No modification, waiver, termination, or amendment to this Agreement is
effective unless made in writing signed by the Town and the Supplier.
8. 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.
9. Entire Agreement. This Agreement sets forth the entire understanding between the parties.
IN WITNESS WHEREOF, the Town and the Supplier have executed this Agreement on the date above
written.
TOWN OF LOS GATOS
Town Manager
CONTRACTOR
By
Title
Granite Rock Company, Inc.
365 Blomquist St
Redwood City, CA 94063
APPROVED AS TO FORM:
ORRY P. KORB
Town Attorney
ATTEST:
MARIAN V. COSGROVE
Town Clerk