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1998-009 - Authorize Town Manager to execute an agreement with Davey Tree Expert Company to complete Project 9721 Tree Pruning and RemovalRESOLUTION 1998 - 9 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DAVEY TREE EXPERT COMPANY TO COMPLETE PROJECT 9721 TREE PRUNING AND REMOVAL IN AN AMOUNT NOT TO EXCEED $25,200 WHEREAS, on December 1, 1997 Town Council approved plans and specifications for Project 9721 -Tree Pruning and Removal, and WHEREAS, bids were sought in conformance with State and Town law, and Davey Tree Expert Company was the lowest responsible bidder. THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos to authorize Town Manager to execute an agreement with Davey Tree Expert Company, as described in Exhibit A, for Project 9721 -Tree Pruning and Removal. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of February, 1998 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor Linda Lubeck. NAYS: None ABSENT: None ABSTAIN: None SIGNED: 9"' MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF L S ATOS LOS GATOS, CALIFORNIA Section 7 AGREEMENT THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and Davey Tree Expert Company, (hereinafter referred to as "Contractor "), Owner and Contractor, for the consideration hereinafter named, agree as follows: 1 - SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the construction of PROJECT 9721 - TREE PRUNING AND REMOVAL in accordance with the Contract Documents. 2 - CONTRACT PRICE As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all 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 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 work, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay the amount specified by Contractor in Contractor's Bid Form. 3 - CONTRACT DOCUMENTS All rights and obligations of Owner and Contractor are fully set 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 vice versa, is to be executed the same as if mentioned in all said documents. The Contract Documents are defined in section 8 -01(a) of these Specifications and are incorporated herein by reference the same as though set out in full. 4 - BEGINNING OF WORK Following the execution of this agreement 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 or injury sustained by Owner or third persons resulting therefrom. 5 - TIME OF COMPLETION The work called for herein shall be fully completed within the time limit set forth in the Special Conditions Revised: June 23, 1997 (ATY) SECTION 7 - AGREEMENT 2 6 - 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 and /or existing facilities resulting therefrom which shall appear within a period of two years from the date of recording of the Notice of Completion. 7 - LIQUIDATED DAMAGES The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Contract and Section 8 -06(c) of these Specifications pertaining to liquidated damages. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of 19. TOWN OF LOS GATOS By Town Manager CONTRACTOR By Title Business Address Contractor's License Number APPROVED AS TO FORM: ORRY P. KORB Town Attorney ATTEST: MARIAN COSGROVE Town Clerk, Town of Los Gatos Revised: June 23, 1997 (ATI)