1997-026-Execute An Agreement With Davey Tree Expert Company To Complete Project 97011RESOLUTION 1997 - 26
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 97001
TREE PRUNING AND REMOVAL IN AN AMOUNT NOT TO EXCEED $28,670
WHEREAS, on February 18, 1997 Town Council approved plans and specifications for
Project 97001 -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 97001 -Tree Pruning and Removal, in an amount not to exceed
$28,670.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of April , 1997_ by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins,
Vice Mayor Linda Lubeck,
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED:
VICE MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF GATOS
LOS GATOS, CALIFORNIA
Section 7
AGREEMENT
TOWN CLERK
,G R:- % /- -_�i�Y
I H 14:
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner") and
(hereinafter referred to as "Contractor").
Owner and Contractor, for the consideration hereinafter named, agree as follows:
1 -..SCOPE OF WORK
Contractor shall fumish all materials and perform all of the work for the construction of PROJECT 97001
- 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: August 29, 1996 (AT` )
SECTION 7 - AGREEMENT
2
3-CORRECTION OF WORK AFTER ACCEPTANCE-AND FINAL PAYMENT SY TOWN
- ontractor shall remedy any defects due to faulty materials and /or workmanship and pay for any
- amages to other work and /or existing facilities resulting therefrom which shall appear within a period of
wo years from the date of recording of the Notice of Completion.
- LIQUIDATED DAMAGES
he 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.
14 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
PPROVED AS TO FORM:
latalie E. West
iterim Town Attorney
T 7EST:
IARIAN COSGROVE
own Clerk, Town of Los Gatos
Revised: August 29, 1996 (ATY)