2009-134-TruGreen Landcare Tree TrimmingRESOLUTION 2009-134
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A TREE PRUNING AND REMOVAL CONTRACT WITH
TRUGREEN LANDCARE
FOR PROJECT A-09-26 -TREE PRUNING AND REMOVAL
WHEREAS, bids were sought in conformance with State and Town law for Proj ect No. A-09-
26- Tree Pruning and Removal; and
WHEREAS, TruGreen LandCare submitted the lowest bid which the Town Council deems to
be responsive to the Town solicitation dated December 2, 2009.
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. A 09-26 and
that the Town Manager is authorized to execute a contract (attached as Exhibit A) for said project on
behalf of the Town in an amount not to exceed $51,760.
BE IT FURTHER RESOLVED that staff is authorized to execute future change orders as
necessary in an amount not to exceed $53,240.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21St day of December, 2009 by the following vote.
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman and Mayor Diane McNutt
NAYS
ABSENT:
ABSTAIN:
SIGNED:
~6~~ ~~~~
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLE F T TOWN OF LOS GATOS
LOS GAT ,CALIFORNIA
Exhibit A
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner"
and TruGreen LandCare (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# A-09-26 -Tree Pruning and Removal in accordance with the Contract Documents.
B. CONTRACT PRICE
As fiill compensation for furnishing all materials and for doing all the work contemplated and
embraced in this Contract, 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 Worlc, and the whole thereof, in the manner and according to
the Contract Documents, Owner shall pay (fifty-one-thousand seven-hundred and sixty dollars),
$51,760, which shall supersede any other amount specified in the Conhact Documents.
C. CONTRACT DOCUMENTS
All rights and obligations of Owner and Contractor are fiilly 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 i1 one part and not mentioned in the other, or vice versa, is to be executed
the swine as if mentioned in all said 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 Worlc. Conunencing work or the
entrance of equipment or materials on the site of the Worlc by Contractor before receipt of the
Notr'ce to Proceed is at the sole risk and expense of Contractor, and the Contractor shall be frilly
liable for any damage or injury sustained by Owner or third persons resulting therefrom.
E. TIME OF COMPLETION
The Work called for herein shall be fully completed by Tune 30, 2010.
F. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY
TOWN
Contractor shall remedy any defects due to faulty materials and/or worlananship and pay for
any damages to other work and/or existing facilities resulting therefrom which shall appear
withui a period of 1 year fiom the date of recorduig of the Notice of •Com~letion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of
2009.
TOWN OF LOS GATOS, by:
TRUGREEN LANDCARE, by:
Greg Larson, Town Manager (Signat~ue)
RECOMMENDED BY:
(Print Name)
Todd Capurso (Address)
Director of Parlcs and Public Worl{s
APPROVED AS TO FORM:
Oily P. Korb, Town Attorney
(City, State, Zip}
(Contractor's License Number)
ATTEST:
Jackie Rose
Clerk Administrator