1994-166-Executes Agreement With NSTC/FARMTEC, for purchase of one new 1995 200 Gallon Towable Spray RigRESOLUTION 1994 -166
RESOLUTION OF THE TOWN OF LOS GATOS
TO AUTHORIZE TOWN MANAGER TO EXECUTES AGREEMENT WITH
NSTC /FARMTEC, FOR PURCHASE OF (1) NEW 1995 200 GALLON TOWABLE
SPRAY RIG
WHEREAS, The 94/95 adopted operating budget (Equipment Replacement Fund)
provides for purchase of (1) one spray rig, and
WHEREAS, Town advertised and received two competitive bids for purchase of (1)
one new 1995 200 gallon towable spray rig , and
WHEREAS, Lowest responsible bidder NSTC /FARMTEC listed minor exceptions
that will not affect operational needs of the Town , and
WHEREAS, Current unit has signs of metal fatigue, rust throughout trailer sub
frame and is a potential health and safety health hazard due to pesticide leakage.
THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos
authorizing Town Manager to execute agreement with NSTC /FARMTEC, for purchase of
(1) one new 1995 200 gallon towable spray rig.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 5th day of December , 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF TH TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN O OS GATOS
LOS GATOS, CALIFORNIA
r JI
AGREEMENT TO PROVIDE
ONE (1) NEW 1995 200 GALLON TOWABLE SPRAY RIG
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 NSTC /FARMTEC, [hereinafter Contractor], as of the
5th day of December 1994.
RECITALS
(A) Bids 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 the Town of Los
Gatos Service Center, 41 Miles Ave., Los Gatos, Ca., 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.,
which include all sales tax, and delivery charges. Payment shall be net 30 days.
b. Term. Term of this Agreement is from the date above to February 28, 1995.
C. Delivery. The delivery of the items and materials shall be no later than 62 days
after receipt of purchase order. Delivery shall be made between 8:00 a.m. and 2:30 p.m. on
weekdays that are not Town holidays. The delivery of the 200 Gallon Towable Spray Rig to
the Town shall be made when requested by the Town upon 3 calendar days written or
telephone notice.
2. Time of the Essence. Prompt delivery of the equipment 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: Town of Los Gatos
P.O. Box 949
Los Gatos, CA. 95031
To Contractor: NSTC /FARMTEC
1950 Burroughs
San leandro, Ca. 94577
Att: Carey Krefft
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 sets forth the entire understanding between
the parties.
IN WITNESS WHEREOF, the Town and the Contractor have executed this
Agreement on the date above written.
loco] goo N."TalC4)[7
By:
NSTC /FARMTEC
APPROVED AS TO FORM:
Larry Anderson, Town Attorney
ATTEST:
Marian V. Cosgrove, Town Clerk
w0pfm®sprayer.contract
TOWN OF LOS GATOS
By:
David W. Knapp, Town Manager
fi 1 ! 1 •
EfflAW0000000011- 6 . 9
Town of Los Gatos is exempt front Federal Excise Tax and Finance Charges.
Not valid without Purchase Order No. and signature of Purchasing Agent. All purchases are
subject to the conditions printed below. Mail two copies of your invoice to ACCOUNTS
PAYABLE, P.O. BOX 949. LOS GATOS CA 95031. All purchases prepaid freight.
NSTC /FARMTEC
VENDOR ATTN: CAREY KREFFT
1950 BURROUGHS
SAN LEANDRO CA
94577
Y I N I INET 30 DAYS
TOWN OF LOS GATOS
SHIP PARKS, FORESTRY 8 MAINTENANCE
To 41 MILES AVE.
LOS GATOS, CA 95030
.00 .0000 9,470.00
ITEM NO.001 PURCHASE OF (1)ONE 1995 200 GALLON TOWABLE
SPRAY RIG AS PER WRITTEN AGREEMENT APPROVED
BY TOWN COUNCIL 12/5/94.
.00 TAX- - - .0000 781.28
ITEM NO.002 SALES TAX
.00 .0000 .00
ITEM NO.003 PRIOR TO DELIVERY PLEASE CONTACT PARKS, FORESTRY
3 MAINTENANCE SERVICES DEPT. FOR INSPECTION.
ATTENTION: STEVE REGAN (408)354 -6808
TOTAL PURCHASE ORDER 10,251.28
Aiy�p�j�tT
2201 77004
6033 77004
TOTAL PURCHASE ORDER
TERMS AND CONDITIONS
1. The Town of Los Gatos will not be responsible for articles or services furnished officials or employees without
a Purchase Order signed by the authorized purchasing agent.
2. The right is reserved to purchase in the open market and to charge the difference to the Vendor in the event
that deliveries are not made at the time specified in the bid or contract.
3. Whenever a delivery is rejected the Vendor shall be notified and given reason for the rejection. All rejected
deliveries shall be held at Vendor's risk and he shall bear the expense of removal.
BY
EXHIBIT '!A
6,440.00
3,811.28
10,251.28
10767
NSTOi
1495 TOWABLE SPRAY RIG
12/14/94
NSTC /FARMTEC
VENDOR ATTN: CAREY KREFFT
1950 BURROUGHS
SAN LEANDRO CA
94577
Y I N I INET 30 DAYS
TOWN OF LOS GATOS
SHIP PARKS, FORESTRY 8 MAINTENANCE
To 41 MILES AVE.
LOS GATOS, CA 95030
.00 .0000 9,470.00
ITEM NO.001 PURCHASE OF (1)ONE 1995 200 GALLON TOWABLE
SPRAY RIG AS PER WRITTEN AGREEMENT APPROVED
BY TOWN COUNCIL 12/5/94.
.00 TAX- - - .0000 781.28
ITEM NO.002 SALES TAX
.00 .0000 .00
ITEM NO.003 PRIOR TO DELIVERY PLEASE CONTACT PARKS, FORESTRY
3 MAINTENANCE SERVICES DEPT. FOR INSPECTION.
ATTENTION: STEVE REGAN (408)354 -6808
TOTAL PURCHASE ORDER 10,251.28
Aiy�p�j�tT
2201 77004
6033 77004
TOTAL PURCHASE ORDER
TERMS AND CONDITIONS
1. The Town of Los Gatos will not be responsible for articles or services furnished officials or employees without
a Purchase Order signed by the authorized purchasing agent.
2. The right is reserved to purchase in the open market and to charge the difference to the Vendor in the event
that deliveries are not made at the time specified in the bid or contract.
3. Whenever a delivery is rejected the Vendor shall be notified and given reason for the rejection. All rejected
deliveries shall be held at Vendor's risk and he shall bear the expense of removal.
BY
EXHIBIT '!A
6,440.00
3,811.28
10,251.28
TOWN OF LOS GATOS
SPECIFICATIONS FOR
ONE (1) NEW 1995 200 GALLON TOWABLE HYDRAULIC SPRAY UNIT
SCOPE:
The Town of Los Gatos will accept bids for one (1) new 1995 200 GALLON TOWABLE HYDRAULIC SPRAY
UNIT. A completed vehicle and all equipment accessories necessary for the safe operation of the vehicle shall
be provided. All Parts, equipment and accessories shall be completely installed, assembled and /or adjusted,
as required, and shall conform in strength, quality of materials and workmanship to meet industry standards.
If equipment as manufactured embraces stronger, heavier, or more rigid construction, said equipment shall
not be lightened or lessened to comply with these specifications. Bids will not be accepted on used or
demonstrator equipment. Successful bidder shall register vehicle.
APPLICABLE SPECIFICATIONS:
The following specifications and standards applicable to the current model year vehicles form a part of this
specification.
1. Code of Federal Regulations, Title 49, Chapter III - Federal Highway
Administration, Department of Transportation.
2. State of California Vehicle Code.
3. California Health and Safety Code, Division 26, Chapter 4, Motor
Vehicle Pollution Control.
GENERAL REQUIREMENTS:
This specification covers one (1) new 1995 200 gallon towable hydraulic spray unit for applying pesticides in
Town parks
MODEL: FMC sprayer DM10E200SEH or approved equal
CAPACITY: 200 liquid gallons
ENGINE: Honda model GX240 8HP air cooled series or equal, with sufficient horsepower, and gross
torque for recommended operations. Engine shall be equipped with the following:
1. Dual element air cleaner
2. Oil alert system
3. Inductive electronic ignition with toggle on \off switch
4. 1.5 gallon fuel tank with level indicator
5. Hour meter
TRAILER: The trailer (a)de kit ) shall be Department of Transportation approved, and be equipped with
the following equipment:
1. Axle spring set
2. Surge brakes
3. Stop lights and marker lights
4. Wheel fenders
PUMP: Positive displacement pump, Bean model R -10 or equal, rated at 500 PSI with ceramic
cylinders.
AGITATOR: Mechanical driven shaft and paddles constructed out of stainless steel material.
WATER TANK: 200 Gallon tank constructed out of 1/4 stainless steel, with 3/4 inch anti - siphon device
equipped with an air gap approved by State of California. A 2 inch ball valve mounted bottom
of tank for draining purposes.
HOSE REEL:: Haney model 1520 -17 -18 steel reel or equal with manual rewind. Inlet 1/2 inch female IPT 90
degree balanced pressure swivel joint. Outlet 1/2 inch female IPT.
HOSE: 100 feet 1/2 inch diameter spray hose, rated at 800lbs working pressure.
TIRES: Two 16 inch tires with rims 12x16.5 8 ply.
COLOR: All non stainless steel surfaces shall be primed, and finished with two coats of an acrylic
enamel ( white).
HITCH: Draw bar design with pintle hitch, constructed out of 2 inch tubular steel with safety chains.
ACCESSORIES:
A. Spray gun rack /holster
B. Spray gun model SKG or approved equal
GUARANTEE: Manufacturers one year parts and labor.
MANUALS: SUCCESSFUL BIDDER SHALL PROVIDE THE FOLLOWING:
A. ENGINE:
1. Parts manual
2. Repair manual
3. Electrical wiring diagram
4. Operators manual
B. WATER PUMP:
1. Parts manual
2. Repair manual