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1992-170-Authorizing The Execution Of An Agreement With Arbor Care And Corporate Commercial ServicesRESOLUTION 1992 -170 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARBOR CARE AND CORPORATE COMMERCIAL SERVICES, INC. FOR THE CONSTRUCTION OF PROJECT 9303 TREE PRUNING AND REMOVAL BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized to enter into the agreement with Arbor Care and Coporate Commerical Services Inc., attached as Exhibit A for the construction of Project 9303 -Tree Pruning and Removal, as attached on Exhibits A & B. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 8th day of September, 1992, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Brent N. Ventura Mayor Eric D. Carlson NAYS: None ABSENT: Joanne Benjamin ABSTAIN: None SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF L GATOS LOS GATOS, CALIFORNIA Section 7 AGREEMENT�� THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and ARBOR CARE A DIVISION OF ENVIRONMENTAL CARE INC. (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 9303 - TREE PRUNING AND TREE REMOVAL - PROJECTS "A" AND "B ", 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 of 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 Document 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 commenced within ten (10) working days of the Notice to Proceed issued by Owner, and shall be fully completed within the time limit set forth in (Revised September 10, 1992) r � SECTION 7 - AGREEMENT 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 one year 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 WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 8TH, day of September, 1992. TOWN OF LOS GATOS By Mayor CONTRACTOR: By DAVID HANSON VICE PRESIDENT - LICENSE NO: 266211 C27 ARBOR CARE A DIVISION OF ENVIRONMENTAL CARE INC. 825 MABURY ROAD SAN JOSE CA 95133 Approved as to form: Katherine Anderton, Town Attorney ATTEST: Marian Cosgrove, Town Clerk, Town of Los Gatos N:SNARE \PR0J9303.PPH (Revised September 10, 1992) Section 7 AGREEMENT =_ Ito: 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 furnish all materials and perform all of the work for the construction of PROJECT 9303 - TREE PRUNING AND TREE REMOVAL - PROJECTS "C" AND "D ", 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 of 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 Document 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 commenced within ten (10) working days of the Notice to Proceed issued by Owner, and shall be fully completed within the time limit set forth in the Special Conditions. (Revised September 10, 1992) SECTION 7 - AGREEME v r 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 one year 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 WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 8TH, day of September, 1992. TOWN OF LOS GATOS By CONTRACTOR: By VIRGINIA HANSON PRESIDENT - LICENSE NO.: 562785 C61 CORPORTATE & COMMERCIAL SERVICES INC. 175 CRISTICH LN CAMPEBILL CA 95008 Approved as to form: Katherine Anderton, Town Attorney ATTEST: Marian Cosgrove, Town Clerk, Town of Los Gatos N: \SRARE \PR0.19303.PFH (Revised September 10, 1992)