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