2002-039- Authorizing The Award And Execution Of Contract With Davey Tree And Lawn Company For Project No. 02-26 Tree Pruning And RemovalRESOLUTION 2002 -39
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE AWARD AND EXECUTION
OF CONTRACT WITH DAVEY TREE & LAWN COMPANY
FOR PROJECT NO.02-26 -TREE PRUNING AND REMOVAL
WHEREAS, bids were sought in conformance with State and Town law for
Project No. 02-26, Tree Pruning and Removal; and
WHEREAS, Davey Tree & Lawn Company of San Jose submitted the lowest
bid which the Town Council deems to be responsive to the Town's solicitation dated March 6,
2002.
NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Los Gatos that Davey Tree & Lawn Company of San Jose is declared to be the lowest
responsible bidder for Project No. 02-26 and that the Town Manager is authorized to execute a
contract (attached as Exhibit A) for said project on behalf of the Town in the amount of
$26,613.00.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 1st day of April, 2002 by the following vote.
COUNCIL MEMBERS;
AYES:
NAYS:
ABSENT:.
ABSTAIN:
Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
None
None
None
SIGNED
ATTEST:
~~~
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CLERK OF TIDE TOWN OF LOS G OS
~ G
MAYOR THE
LOS G OS, CA]
LOSGATOS
LOS GATOS:, CALIFORNIA
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") and Davey
Tree. & Lawn 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 #02-26 -
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 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 Twenty Six Thousand Six Hundred
and Thirteen dollars ($26,613.00), which shall supersede any other amount specified in the Contract
Documents.
C. 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 worl~ 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 Part I, Section 1-1.0 L(A) of these Specifications
and are incorporated 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 Proceed wit11 the Worlc. 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.
E. TIME OF COMPLETION
The Work called for herein shall be fully completed within the time limit set forth in the Special
Conditions.
fxhi bi t A
F. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN
Contractor shall remedy any defects due to faulty materials and/or worl~nanship and pay for any damages
to other work and/or 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
The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Contract and
Part I, Section 8-1.03 of these .Specifications pertaining to liquidated damages.
TN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of
2002,
TOWN OF LOS GATOS, by: Davey Tree & Lawn Co. Contractor, by:
Debra J. Figone, Town Manager
(Signature)
RECOMMENDED BY:
Department Head /Title
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
.ATTEST:
{Print Name)
1055 Commercial Street
{Address)
San Jose, CA 95ll2-1415
(City, State, Zip)
(Contractor's License Number)
Marian V. Cosgrove, Town Clerk