1995-155-Authorize Town Manager To Execute An Agreement With Davey Tree Care Experts To Complete Project 9514RESOLUTION 1995 - 155
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
TO AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH
DAVEY TREE CARE EXPERTS TO COMPLETE PROJECT 9514 -TREE PRUNING AND
REMOVAL
WHEREAS, on September 11, 1995 Town Council approved plans and specifications for
Project 9514 -Tree Pruning and Removal, and
WHEREAS, bids were sought in conformance with State and Town law, and Davey Tree
Expert Company was the lowest bidder, and
WHEREAS, the omission of initials by Davey Tree Expert Company on the Bid Form
pages is only a technical defect in this instance, because the bid was fully executed by Davey.
THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos
that the formality of initials on the Bid Forms by Davey is waived in this instance;
THEREFORE, BE IT FURTHER RESOLVED: by the Town Council of the Town of
of Los Gatos to authorize and direct the Town Manager to execute an agreement with Davey Tree
Expert Company for Project 9514 -Tree Pruning and Removal.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20th day of November, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
TOWN CLERIC
Acrd'
Section 7 ixw:
AGREEMENT RE
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referrefto as caner ") and Davey
Tree Expert Company (hereinafter referred to as "Contractor ").
Owner and Contractor, for the consideration hereinafter named, agree as follows:
1 - SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of PROJECT 9514
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.
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.
Revised: August 24, 1995 (ATY)
SECTION 7 - AGREEMENT
7 - LIQUIDATED DAMAGES
2
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 WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of
19
TOWN OF LOS GATOS
By
Town Manager
CONA /CT R/ f
By Z_-L-
Title- District Manager
1055 Commerical Court
Business Address
San Jose California 95112
694001
Contractor's License Number
APPROVED AS TO FORM:
LARRY ANDERSON
Town Attorney
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos
Revised: August 24, 1995 (ATY)