1997-032-Execute An Agreement With GCS Western Power And Equipment For Purchase Of One New 1997 Compressed Natural Gas Street SweeperRESOLUTION 1997 - 32
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
TO AUTHORIZE TOWN MANAGER TO EXECUTE AGREEMENT WITH GCS
WESTERN POWER AND EQUIPMENT FOR PURCHASE OF ONE (1) NEW 1997
COMPRESSED NATURAL GAS STREET SWEEPER
WHEREAS, in December 1995 Council accepted grant funding from the Bay Area Air
Quality Management District in the amount of $230,000 for a clean air demonstration project; and
WHEREAS, the Bay Area Air Quality Management District approved $25,000 to offset
purchase of a dedicated natural gas street sweeper; and
WHEREAS, the Town advertised and received competitive bids from GCS Western Power
and Equipment, Ricker Machinery, and Nixon -Egli Equipment; and
WHEREAS, lowest responsible bidder GCS Western Power and Equipment took one
exception to the bid that will not effect sweeping operations.
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 execute
agreement with GCS Western Power and Equipment for purchase of one (1) new 1997 compressed
natural gas street sweeper.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 7th day of April, 1997 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins,
Vice Mayor Linda Lubeck
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED: `<, E � V(
VICE MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS G�TOS
LOS GATOS, CALIFORNIA
AGREEMENT TO PROVIDE
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AGR:
RE
AID:__
ONE (1) NEW 1997 CNG POWERED STREET SWEEPER
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 GCS Western Power and Equipment, [hereinafter Contractor], as of the
7th day of March 1997.
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:
I . 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 specifications
dated January 27th, 1997, for one (1) new 1997 CNG Powered Street Sweeper with Twin Gutter
Brooms and Dual Steering. The terms and conditions are ac fnnnivc-
a. Price. Town shall pay Contractor the amounts defined in Exhibit A (Bid Form),
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 November 11, 1997.
C. Delivery. The delivery of the items and materials shall be no later than 180 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 vibratory tandem roller to the Town
shall be made when requested by the Town upon 3 calendar days written or telephone notice.
2. Tim
Agreement. e of the Essence. Prompt delivery of the equipment is essential to this
3. Eoual mnloy. nr pportunity. 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: GCS Western Power and Equipment
1751 Bell Avenue
Sacramento , Ca. 95838
Art: Steve Vallata
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. Sgverability. 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.
CONTRACTOR
By:
GCS Western Power and Equipment
APPROVED AS TO FORM:
t �C
atalie West, Interim Town Attorney
ATTEST:
Marian V. Cosgrove, Town Clerk
063 a: \contract \97 \sweeper
TOWN OF LOS GATOS
By:
David W. Knapp, Town Manager
TOWN OF LOS GATOS
BID FORM
The undersigned hereby submits a bid in accordance with the Notice to Bidders. Information for
Bidders and Specifications of the Town of Los Gatos for: One (1) New 1997 CNG Powered Street
Sweeper with Twin Gutter Brooms and Dual Steering.
SPECIFIC MAKE AND MODEL:
STATE ESTIMATED DATE OF DELIVERY:
LIST EXCEPTIONS•
��= arracJ, eD
PRICE (FOB Town Service Center,
41 Miles Avenue, Los Gatos, California)
PLUS Sales Tax S, 25% /4
TRADE IN: Unit 222531, 85 TYMCO 600 Air Sweeper — Z0,000 ` °
Unit 222535, 88 FMCSP4000 Sweeper
TOTAL BID PRICE �
The undersigned certifies that the Notice to Bidders, Information for Bidders, Bid Form and Vehicle
Specifications have been thoroughly read and understood, including any addenda thereto, and that
there are no discrepancies or misunderstandings as to the meaning, purpose or intent of any provision
in said documents as to the Town's intent or the interpretation of same. The undersigned further
certifies and acknowledges that the equipment offered in this bid shall be equipped in strict
compliance, and shall otherwise be in conformance with the Town's Specifications, Information to
Bidders, and Notice to Bidders, and the Town shall have the right to reject any vehicle which do not
comply in each and every particular.
NOTE: Submit manufacturer's descriptive literature and specifications with bid.
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