Loading...
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