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2004-015- Authorizing The Award And Execution Of Contract With Trugreen Landcare For Project No. 0415 - Tree Pruning And Removal RESOLUTION 2004 -15 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTIORIZING THE AWARD AND EXECUTION OF CONTRACT WITH TRUGREEN LANDCARE FOR PROJECT N0.0415 -TREE PRUNING AND REMOVAL WHEREAS, bids were sought in conformance with State .and Town law for Project No. 04-15, Tree Pruning .and Removal; and WHEREAS, Trugreen Landcare submitted the lowest bid which the Town Council deems to be responsive to the Town's solicitation .dated January 21, 2004. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that Trugreen Landcare is declared to be the lowest responsible bidder for Project No. 04-15 and that the Town .Manager is authorized to execute a contract (attached as Exhibit A) for said project on behalf of the Town in the amount of $10,952.00. PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17~`' day of February, 2004 by the following vote.. COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman. NAYS: None ABSENT: ~ None ABSTAIN: None ,~ SIGNED: MAYOR OF THE TOWN OF LOS GATOS • LOS GATOS, CALIFORNIA ATTEST: '~~~ CLERK OF THE TOWN OF L~ G LOS GATOS, CALIFORNIA CCJNTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter refereed to as "gwner") and Trugreen Landcare (hereinafter referred to as "Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows: A. SCOPE OF WORK. Cantractorsliall fiirnishall rnaterialsand perform all ofthe work for the construction ofProjeet #U4- 15 -Tree Pruning and Removal in accordance with tho'Contraat Documents. 16. CONTRACT PRICE As full compensation for furnishing all materials :and for doing all the work contemplated and embraced ua this Contract, also for all loss or damage arising out of the nattiue of the work aforesaid, or from tike actions of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution ofthe work until its acceptance by Owner, and for all risks of every description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the Worl~, and the whole thereof, in the manner .and .according to the Contract Documents, Owner .shall pay ten thousand nine hundred an fifty two dollars ($i0,952A0), which shall supersede any other amount specified in the Contract .Documents. C. COlo1TRACT DOCUMEI°dTS All rights and obligations of Owner and Contractor are fully set forth and descx-ibed in the Contract Documents. All parts of the Contract Documents are intended to be correlated so that any wail{ called for in one part and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The Contract Documents are defined in Paz-t I, Section 1-1,01(A) of these Specifications and are incgrporated herein by reference the same as though set out in full. 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 P~oceetl with the Wark. Commencing work or the entrance of equipment or materials on the site of the Worlc 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 or .injury sustained by Owner or third persons resulting therefrom. E. TIIViE OF COMPLETION The Work called for herein shall be fu11y completed within the time limit set forth in the Special Conditions.. Exhibit A F. CORRECTIg1V ®F WORK ,AFTER ACCEPTANCE AND .FINAL PAYMENT BY Tt1WN Contractor shall remedy any defects due to :faulty materials and/or warlcmanship and pay for any damages to other warlc and/or existing facilities resulting therefrom which shall appear within a period of 2 years from the date of recording of the 1Votice of Completion. G. :LIQUIDATED DAMAGES The undersigned has reviewed and is thoroughly .familiar with the appropriate sections of the Contract and Part T, Section 8-1,03 ofthese Specifications pertaining to liquidated damages. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of ~ day of , 2004. 'T'OWN OF L®S GAT4~, by: Debra J. Figane, Town Manager by: Truegreen Landcare :(Signature) RECOMMENDED BY: .Iolan E. Curtis Director of Parks and Public Worlcs APPROVED AS TO FCiRM: Orry P. sorb, Town Attorney ATTEST.: (Print Name) {Address) San Vase CA (City, State, Zip) (Contractor's License Number) Marian V. Cosgrove, Town Clerlc