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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.