1995-168-Execute Agreement With Tractor Equipment Sales To Purchase One New 1995 Vibratory Tandem RollerRESOLUTION 1995 -168
RESOLUTION OF THE TOWN OF LOS GATOS
TO AUTHORIZE TOWN MANAGER TO EXECUTE AGREEMENT WITH
TRACTOR EQUIPMENT SALES TO PURCHASE (1) ONE NEW 1995 VIBRATORY
TANDEM ROLLER
WHEREAS, the 1995/96 capital improvement budget provides for purchase of a new
vibratory tandem roller; and
WHEREAS, the Town advertised and received bids from Tractor Equipment Sales,
Nixon Egli Equipment and Western Traction Company; and
WHEREAS, Tractor Equipment Sales took no exceptions to the bid; and
WHEREAS, current equipment is unable to meet Town's Technical Provisions requiring
minimum compaction of 95% of asphalt materials placed within the right of way; and
WHEREAS, in order to achieve 95 % compaction the Maintenance Division rents larger
rollers when avalable during summer months; and
WHEREAS, average usage for roller is sixteen weeks per year; and
WHEREAS, cost associated for rental over sixteen week period is $11,200.00; and
WHEREAS, over a 12 year life cycle renting will cost $81,300.00 more than purchasing.
TONN CLERK
U5 C'
RE� -
AGREEMENT TO PROVIDE
ONE (1) NEW 1995 VIBRATORY TANDEM ROLLER
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 Tractor Equipment Sales, [hereinafter Contractor], as of the 5th day of
December 1995. 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 April 1, 1996.
C. Delivgrv. The delivery of the items and materials shall be no later than 85 days
after receipt of purchase order. Delivery shall be made between 8:00 a.m. and 2:30 p.m. on
The delivery of the hall be made when requested by the Town upon 3 calendar days owritten or telephone t roller to lephonetnot e.
2 TLim__e__f the Essence. Prompt delivery of the equipment is essential to this
Agreement.
3. E ual Emplovment OnnortunitY. Contractor warrants that it is an Equal
Opportunity Employer and shall comply with applicable regulations regarding equal employment
. Contractor shall not discrimi
opportunity nate in the employment of any person because of race,
ional origin, ancestry, mental or physical disability, medical condition, marital status,
color, nat sed upon a bona fide occupational qualification pursuant
sex, age, io sexual preference, unless ba
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: Tractor Equipment Sales
705 Tully Road
San Jose , Ca. 95111
Att: John Benetti
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.
CONTRACTOR
By: _
Tractor Equipment Saes
Fred Mayo
APPROVED AS TO FORM:
Larry Anderson, Town Attorney
ATTEST:
Marian V. Cosgrove, Town Clerk
TOWN OF LOS GATOS
David W. Knapp, Town Manager
046: a: \contract \roller.95