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2001-006-Authorizing The Award And Execution Of Contract With Shimada Landscape Company For Project No.01-04 Tree Pruning And Removal~~ RESOLUTION 2001- 6 ~. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE AWARD AND EXECUTION OF CONTRACT WITH SHIMADA LANDSCAPE COMPANY I'OR PROJECT NO.O1-04 -TREE PRUNING AND REMOVAL WHEREAS, bids were .sought in conformance with State .and Town law for Project No. D1-04, Tree Pruning and Removal; and WHEREAS, Shimada Landscape Company of San Jose submitted the lowest bid which the Town Council deems to be responsive to the Town's solicitation dated January 10, 2001. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that Shimada Landscape Company of`San Jose is declared to 'be the lowest responsible bidder for Project No. O 1-04 and t11at the Town Manager is authorized to execute a contract (attached as Exhibit A) for said project on behalf of the Town. PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the St'' day of February, 2001 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Gliclunan, Mayor Joe Pirzynslci. NAYS: None ABSENT: None ABSTAIN: None ~--~-~ SIGNED: AYOR OFT E TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ~",_--. C CLEk;K OF THE TOWN OF LO GATOS LOS C=ATOS, CALIFORNIA ~ ~ CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") and Shimada Landscape Inc., Company (hereinafter referred to as "Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows: A. SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the construction of Project # 0104 Tree Pruning and Removal in accordance with the Contract Documents. B. CONTRACT .PRICE As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, also for aII loss or damage arising out of the nature. of°the work aforesaid, or from. the actions of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by Owner, and forall risks of every description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the Work, and the whole thereof,. in the manner and according to the Contract Documents, Owner shall pay twenty nine thousand four hundred and fifty four dollars ($29,454)., which shall supersede any other amount specified in the Contract Documents.. C. CONTRACT DOCUMENTS All rights and obligations of Owner and Contractor are fullyset forth and described in the Contract Documents, All parts of the Contract. Documents .are intended to be correlated so that any work called for in one part and not mentioned in the other, or vine versa, is to be executed the same as if mentioned in all said documents. The Contract Documents are defined as this Contract, the Notice to Contractors, Bid Forms, List of Subcontractors, Bidders'Bond, Faithful Performance Bond and Bond forSecurity of Laborersand Materialpersons, Technical Provisionsand any attachments and exhibits to the above described documents. D. BEGINNING OF WORK Following the execution of this Contract :and the approval of bonds and insurance policies and certificates, Owner shall issue a .Notice to Proceed with the Work. Commencing work or the entrance of equipment or materials on the site of the Work by Contractor before receipt. of the Notice to Proceed is at the sole risk and expense of Contractor, and the Contractor shall be fully liable for any damage orinjury sustained by Owner or third persons resulting therefrom. E. TIME OF COMPLETION Contractor shall mobilizewthin ten (10) calendar days of receiving Notice to Proceed. The entire contract shall be complete within 45 calendar days of receiving said notice. Rev. August 28, 2000/ Atyamb 13 ~~Exhi b~ t A ~~ l F. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN Contractor shall remedy any defects due'to faulty materials and/or workmanship and pay for any damages to other work andior existing facilities resulting therefrom which shall appear within a period of 2 years from the date of recording of the Notice of Completion. G. 'LIQUIDATED DAMAGES Jf the work is not completed by the Contractor in the time specified above, or within .any period of extension as authorized, it is understood that Owner will suffer damage; and it being impracticable and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to Owner, as fixed and liquidated damages, and not as a penalty, the sum of $ 200 per day, and the Contractor shall be liable for the amount thereof; provided, however, that the Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or .negligence of the Contractor (including., but not restricted to, acts of God or of the .public enemy, acts of the Government, acts of the Owner, fires, floods, epidemics, quarantine restrictions, strikes and freight embargoes).. The Contractor shall, within ten {10) calendar days from the beginning of any such delay, notify Owner in writing of the cause of the delay and the amount of time extension requested, if any; whereupon Owner shall ascertain the facts and the extent of the delay .and extend the time for completing the work when, in its judgement and for the amount of time if any, the findings of fact justify such an extension. The Director of Parks & .Public Works determination shall 'be final and binding on the parties hereto. IN WITNESS WHEREOF, the.parties hereto have executed this Agreement as of the day of , 20 TOWN OF LOS GATDS, by: Marian V. Cosgrove., Town Clerk Debra Figone, Town Manager APPROVED AS TO :FORM: Orry P. Korb., Town Attorney ATTEST: Rev. August 28, 2000/ Aly;lmb 14 CONTRACTOR, by: (Signature) (Print Name) (Address) (City, State, Zip) (Contractor's License Number) pfm080a:\projecl01.04 Rev. August 28, 2000/ Aty;lmb ~ 5