1996-026-Execute An Agreement With Cooperate And Commercial Services, Inc. To Complete Project 9524 Tree PruningRESOLUTION 1996 - 26
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
TO AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH
COOPERATE AND COMMERCIAL SERVICES, INC.
TO COMPLETE PROJECT 9524 TREE PRUNING
WHEREAS, on January 16, 1996 Town Council approved plans and specifications for
Project 9424 -Tree Pruning, and
WHEREAS, bids were sought in conformance with State and Town law, and Arbor Care
was the lowest bidder.
THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos
to authorize Town Manager to execute an agreement with Cooperate and Commercial Services
Inc., as described in Exhibit A, for Project 9524 -Tree Pruning.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 18th day of March, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Section 7
AGREEMENT
REC:
BID.
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and
(Corporate and Commercial Services, Inc. hereinafter referred to as "Contractor ").
Owner and Contractor, for the consideration hereinafter named, agree as follows:
1. SCOPE OF WORK
Contractor shall perform all of the work for the construction of PROJECT 9524 Tree Pruning 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 24, 1995 (ATY)
SECTION 7 - AGREEMENT
6 CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY
TOWN
Contractor shall remedy any defects due to faulty materials and /or workmanship and pay for any
damages to other work and /or existing facilities resulting therefrom which shall appear within a period of
two years from the date of recording of the Notice of Completion.
7. LIQUIDATED DAMAGES
The 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.
IN WITNE�S�, ,WHEREOF, e parties hereto have executed this Agreement as of the day of
TOW LO ATOS
By
Town Manager
CONTPACTOR
By
Title - r sident
2000 Oakland Road
Business Address
San Jose Calif. 95131
562785
Contractor's License Number
APPROVED AS TO FORM:
LARR ANDERSON
Town Attorney
0
Town Clerk, Town of Los Gatos
Revised: August 24, 1995 (ATY)