1984-108-Approving Agreement With Los Gatos Joint Union High School DistrictRESOLUTION NO. 1984 -108
A RESOLUTION APPROVING AGREEMENT
WITH THE LOS GATOS JOINT UNION
HIGH SCHOOL DISTRICT
BE IT THEREFORE RESOLVED, and it is hereby resolved by the Town Council
of the Town of Los Gatos, County of Santa Clara, State of California, that
the Town of Los Gatos enter that Agreement for Handicapped Accessibility
Modification for Los Gatos High School with the Los Gatos Joint Union High
School District, a copy of which is attached hereto; and
BE IT FURTHER RESOLVED that the Mayor is authorized and is hereby directed
to execute said contract in the name and in behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos, California, held on the 2nd day of July 1984,
by the following vote:
AYES: COUNCIL MEMBERS: Joanne Benjamin, Eric D. Carlson, Brent
N Ventura and Mayor Thomas J. Ferrito
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Terrence J. Daily
ABSTAIN: COUNCIL M
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
FOR HANDICAP ACCESSIBILITY MODIFICATIONS
FOR THE LOS GATOS HIGH SCHOOL
This agreement is entered into on this day of 1984, between
the Town of Los Gatos, hereinafter referred to as TOWN and the Los Gatos Joint
Union High School District, located at 17421 Farley Road West, Los Gatos,
California, hereinafter referred to as DISTRICT.
This agreement is entered into pursuant to a program administered by the TOWN
for handicap accessibility. The goal of the program is to provide access for
the mobility impaired.
The purpose of this agreement between the TOWN and the DISTRICT is to establish
the responsibilities of each party for the making of agreed upon modifications
to Los Gatos High School, (see Exhibit A) located at 20 High School Court, Los
Gatos, in return for which TOWN will provide a maximum amount of $35,799.74 to
the DISTRICT to pay for the cost of the project. If more funds are needed,
issue will be brought to the Town Council.
For purposes of inspection and payment for work on said project, TOWN may act as
agent for DISTRICT.
THEREFORE, THE TOWN AND DISTRICT AGREE AS FOLLOWS:
1. Architectural Drawings. The DISTRICT agrees to hire an architect who is
qualified to draw the plans for this project. TOWN shall have the right
to approve, modify, or reject said plans. Once the drawings have been
finalized and the job is ready to go out to bid, the TOWN agrees to pay
the architect within forty -five (45) calendar days of approval of the
plans and specifications by the TOWN.
-2-
2. Bidding. The DISTRICT agrees to put the job out to bid, collect the bids
and award the job to the lowest responsible bidder, pursuant to School
District's bidding procedures. The TOWN reserves the right to approve or
reject the bid if it exceeds the estimate approved at the time the plans
and specifications are approved.
3. Labor Standards. This project is being assisted by the United States of
America and must follow all Federal Labor Standards Provisions; however,
the DISTRICT shall comply with all applicable state laws. Wherever there
is a disagreement between the federal and state regulations, the more
stringent regulations or higher wage scale will be observed. The DISTRICT
agrees to enclose a complete copy of the Community Development Block Grant
Program -- Federal Labor Standards Provisions (HUD 4010) with all bid packets
along with a copy of most recent Federal Wage Decision. The TOWN agrees to
contact the San Francisco Area Office (SFAO) Labor Relations Staff ten days
prior to bid opening to determine if a wage determination has been modified
or superseded. Contractors must be notified in a reasonable amount of time
before bid opening if any modifications have been made that would affect
this project. SFAO - Labor Relations should be contacted again prior to
contract award to determine if the wage decision has been superseded and
to verify the eligibility status of the lowest responsible bidder. Files
should be documented noting date contractor was verified and the SFAO staff
person who provided the service. (TOWN receives copy of this documentation.l
Once a bid has been awarded, the DISTRICT agrees to set up a Pre - Construction
Conference with the TOWN, the contractor and the County to review Labor
Standards and the work contracted.
4. Inspection. The DISTRICT will take all necessary steps to assure that the
TOWN is permitted to examine and inspect the work to confirm that the work
-3-
is done in accordance with the plans and specifications, all contracts,
materials, equipment, payrolls and conditions of employment pertaining
to the work, including all relevant data. An inspector, mutually agreed
upon by the DISTRICT and the TOWN, shall perform an examination and inspection
of the work performed and shall prepare a final report for the TOWN.
5. Nondiscrimination. Public Law 93 -383, Title I Sec. 109 (a)
No person in the United States shall on the grounds of race, color, national
origin or sex be excluded from participation in, be denied benefited of, or
subject to discrimination under any activity funded by this program.
6. Work Justification. No additions or changes are permitted unless prior
approval is obtained in writing from the DISTRICT and TOWN.
7. Payment Procedure, a. The work must be completed, claims for labor
and material must be paid, and all Labor Standards must be submitted before
payment(s) can be made to the contractor. Before the final payment is made,
the TOWN must have received copies of a Waiver of Liens from the contractor,
each of his subcontractors, materialmen and suppliers as well as all required
Labor Standards material.
b. The TOWN agrees to pay the contractor directly within a reasonable time
after billing by contractor has been made to DISTRICT, according to payment
schedule set out in DISTRICT's Specifications.
M
IN WITNESS WHEREOF, the TOWN and the DISTRICT have executed this agreement
as of the date first above written.
ATTEST:
APPROVED AS TO FORM:
TOWN OF LOS GATOS
By:
Town e / By:
APPROVED AS TO CONTENT:
Director of Community Services
DISTRICT
EXHIBIT "A"
1. Viewing platform by the bleachers on the baseball field.
2. Restroom facility modifications - large gym.
3. Restroom Facility Modification - Football field.
4. Ramp by the small gym.