1988-192-Approving Plans And Specifications For Project 8706-Alpine Storm DrainRESOLUTION NO. 1988 -192
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING PLANS AND SPECIFICATIONS FOR
PROJECT 8706 - ALPINE STORM DRAIN
WHEREAS, it is the intention of the Town Council of the town of Los
Gatos to carry out Project 8706 - Alpine Storm Drain in the Town of Los
Gatos; and
WHEREAS, the Town Engineer has presented the finalized Plans and
Specifications for the Project 8706 - Alpine Storm Drain,
NOW, THEREFORE, BE IT RESOLVED, that these plans and specifications,
entitled "TOWN OF LOS GATOS SPECIFICATIONS - PROJECT 8706 - Alpine Storm
Drain ", dated September 13, 1988, on file in the Office of the Town Clerk,
are hereby approved; and
FURTHER RESOLVED, that the Town Clerk is hereby authorized and
directed to advertise, as required by law, for the receipt of sealed bids
or proposals for the work specified in the aforesaid Plans and
Specifications, and said advertisement shall be substantially in
accordance with the Notice to Bidders, attached hereto and made a part
hereof.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 3 day of Oct. 1988, by the following
vote:
AYES: COUNCIL MEMBERS Joanne Benjamin Thomas J. Ferrito. Robert
L Hamilton Brent N. Ventura and Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ATTEST:
None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
,f
SENIOR DEPUTY CLERK F TH OWN OF LOS GATOS
PROJECT 8706 ENGINEER'S ESTIMATE
10% Contingency
Grand Total
i • ii
Total
$ 6,500.00
2,400.00
10,500.00
22,000.00
4,320.00
125.00
$45,845.00
4,585.00
$50,430.00
Quantity
Job
Unit Price
1 LS
Clearing, Grubbing and Demolition
$6,500.00
80
CY
Structure Excavation
30.00
6,000 LB
A 615 Grade 60 Rebar (4# & 7 #)
1.75
40
CY
Structural Concrete
550.00
96
CY
Structural Backfill
45.00
25
SF
Removal & Replace Sidewalk
5.00
Subtotal
10% Contingency
Grand Total
i • ii
Total
$ 6,500.00
2,400.00
10,500.00
22,000.00
4,320.00
125.00
$45,845.00
4,585.00
$50,430.00
i • i;
A • 0 04 Y i
This agreement, made and entered into this day of September,
1988, by and between Thomas Castro and Ray Murdock, hereinafter referred to as
"Owners," and the Town of We Gatos, a municipal corporation of the State of
California, hereinafter referred to as "Town,"
WHEREAS, owners hold title to certain property located at 308 East Main
Street, bearing A.P.N. 529-37-02 being approximately 105 feet in width, and
fronting on East Main Street, Jackson Avenue and Alpine Avenue in the Town of
Los Gatos, State of California;
WHEREAS, a natural drainage Swale is running along and within nine (9)
feet of the southerly line of said property between Jackson Avenue and Alpine
Avenue;
WHEREAS, the drainage swale is in poor condition, presents a health and
safety hazard and requires improvement to a box culvert and the reasonable cost
of this improvement is estimated at $50,430.
THEREFORE, it is agreed by and between the parties hereto, as follows:
1. Town shall prepare the improvement plans and specifications for the
construction of the box culvert; shall prepare the bidding documents
for the project and conduct the administration of the bidding
procedure; award the bid and supervise the construction of the box
culvert improvements.
2. The Town shall pay a maximum amount of $34,800 for costs related to
the design and construction of the box culvert improvements. The
Owners shall pay any and all other costs related to the construction
of the box culvert improvements.
3. The Town shall not be required to pay more than $34,800 toward design
and construction of the box culvert improvements.
4. Town shall be responsible for the maintenance of the box culvert.
5. Owners shall dedicate storm drainage easement along the southerly and
westerly property lines as shown in the attached exhibit W.
6. Owners shall remove all buildings, structures, and other obstructions
from the property dedicated to the Town for use as an easement within
10 days after the bid for construction of the box culvert improvements
is accepted by the Town Council.
7. Owners shall install landscaping and fencing at their own expense.
8. Owners shall deposit or provide a unilateral Letter of Credit for an
initial amount of S15,630 (the balance between $34,800 and S50,430)
with the TOWN to ensure their participation in the project. At the
completion of construction, the final cost will be determined by the
Town Engineer. If the Town Engineer determines that the design and
construction costs are less than the estimated $50.430.00 the Town
shall refund to the Owners the unused portion of the deposit. If the
Town Engineer determines that the final design and construction costs
exceed $50,430.00, the Owners shall have ninety (90) days after
written notice is mailed or delivered to pay the additional costs.
9. The Owners agree on behalf of themselves, their heirs, and their
assigns that the Town shall be permitted to enter their property for
the purpose of inspecting, maintaining, or improving the box culvert
improvements.
10. The Owners shall release the Town, its officers, agents, and employees
for any and all claims arising out of or related to design or
construction of the box culvert improvements.
11. Each Owner shall be severally liable for any and all breaches of the
terms of this Agreement by the Owners.
12: No act or omission shall estop the Town from enforcing the terms of
this Agreement.
-2-
13. No act or omission shall constitute.a waiver by the Town of any of it
rights under this agreement.
14. The Owners shall indemnify the Town, its officers, agents, and
employees for any attorneys fees, costs, and costs of collection
incurred in any action to enforce the terms of the agreement.
IN WITNESS THEREOF, the parties hereto have set their hands and seals as of
the day and year first above written.
F
E
TOWN OF LOS GATOS, a municipal
corporation
By
TOWN MANAGER
ATTEST:
(Individual)
STATE OF CALL ORNI{�
COUI TY OF ldG � (' � SS.
On before me, the under.
sig ed, a Notary Public and for said State, persona ly appeared
YiI {11 Cl( r
W _
a ,
uenallylnewn�o-me -(or prod to me on the has i of satisfactory
11
evidence) to be the person(s)--f, whose nam subscribed to
l:le wuhin inslru.: ;ent and acknowledged that
executed the same.
WITNESS my ha' d n l official seal.
Signal tare . ' V� ` y
"t C'
STC 67 'game (Typed or Printed)
OFFICIAL SEAL
STACEY L BURNS
R NOTARY"UC- CALIFORNA SANTACIARACOI.WTY
MY Cann f.pxn Apn110, 1992
(This area for official notarial teal)
Grand Total 150,430.00
8/16/88
PROJECT 8706 ENGINEER'S ESTIMATE
Quantity
Job
Unit Price
Total
1
LS
Clearing and Grubbing and
Deno. 86,500.00
56,500.00
80
Cy
Structure Excavation
30.00
2,400.00
6,000
LB
A 615 Grade 60 Reber ((4N
& 7M) 1.75
10,500.00
40
CY
Structural Concrete
550.00
22,000.00
96
CY
Structural Back£ill
45.00
4,320.00
25
SF
Remove & Replace Sidewalk
5.00
125.00
Subtotal
S45.845.00
10% Contingency
4,585.00
Grand Total 150,430.00
PLEASE RECORD AND RETURN TO:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, California 95031
NO FEE - Government Code 6103
STORM SEWER EASEMENT DEDICATION
Thomas J. Castro as to undivided 1/2 interest and Ray Murdock, a
married man, as his sole and separate property, as to an undivided 1/2 interest
as grantors hereby dedicate the hereinafter described real property to the Town
of Los Gatos, a municipal corporation, for public use for all lawful purposes
forever. The property so dedicated to be an easement to locate, construct and
maintain a storm sewer upon and across the following described parcel of land.
Grantors hereby further agree that said easement shall be kept open and free
from buildings and structures of any kind except storm sewer facilities,
irrigation systems and appurtenances thereto, lawful fences and all lawful
unsupported roof overhangs, and to execute any and all other instruments
necessary to give effect to this description.
The following is a description of the real property so dedicated:
Lying within the Town of Los Gatos, County of Santa Clara, State of
California being more particularly described as follows:
Beginning at a point on the Westerly right -of -way line.of Alpine
Avenue as shown on that certain record of survey titled "The Property
of J.H. Pearce" recorded May 18, 1949, in Book 23 of Maps, Page 8.
Santa Clara County Records, said point also being the most Easterly
corner of that certain parcel of land described in the deed from John
C. Blackburn and Lorraine C. Blackburn, his wife to Thomas Joseph
Castro and Ray Murdock, a married man, recorded in Book J322 at Pages
99 and 100, Santa Clara County Records; thence leaving said point and
along said Westerly right -of -way line of Alpine Avenue North 8' 02'
West 10.06 feet; thence South 75' 40' 46" West 91.71 feet; thence
North 20' 29' 54" West 34.19 feet; thence South 75' 38' West 11.32
feet to a one -inch
&g7g1T
iron pipe driven at the most westerly corner of said parcel; thence along
the easterly right -of -way line of Jackson.Avenue south 16' 00' East 44.00
feet to the Southerly line of said parcel; thence along said Southerly line
North 75* 40' 46" East 104.32 feet to the point of beginning. Containing
0.034+ acre.
Dated:
Dated:
ATTEST:
• IV51-
REBECCA YATES, SR. DEPUTY TOWN CLERK DEBORAH SWARTFAGER, TOWN MANAGER
Dated:
APPROVED AS TO FORM:
MARY JO LEVINGER, TOWN ATTORNEY
FOR APPROVAL:
RONALD J. ZAPF, TOWN ENGINEER
(ENGO1 /CASTRO)
Dated:
Dated:
Dated:
NOTARY ACKNnWt.F.rWMARNR RF.OUIRED
7S S e L.c E'r E
(Indic idual)
STATE OF CALIFORNIA
S5.
COU TY OF
On before me, the under.
si ed, a otary Public in and for sai State, personally appeared
W TFl(3r-n °z —� t���rc�
a
-
W
W
J
6
i- -- personally- known -so (or prgyed to me on the basis of satisfacton-
s
O�.,�_ whose name esidence) to be the person -subscribed to
the within instrument and acknowledged that
executed the same.
NITNESS ms h n and official seal.
Signature
STC 67 Name ( yped or Printed)
OFFICIAL SEAL,
�... STACEY 1. BURKS
4F�v •- NOTAPy RIaIJC �CatiFOFA1A
SAMTA CUM COUNTY
My Comm Eloo, na..i � 0 �. 001
(This area for official notarial x411
A
r
Z
/if q /N
ST
NO scALE
• 44.1n '
bo
Ji
X
3� '
Vi
WjA! CASAip N
1F_�
G
Q
r
c z
_� rn
o _
q 1.71
W m
4�
75 ao
N.15
POINT OF BEGINNING
JAMIESON
G
m
n
a
EXHIBIT A
aXGHT OF EN'T'RY AGREEMENT
We, Thomas J. Castro and Ray Murdock, as owners of that real property located
at 308 East Main Street (APN: 529- 37-02) in the Town of Los Gatos, hereby
grant to the Town of Los Gatos the RIGHT TO ENTER said property for the purpose
of CONSTRUCTING a storm drainage box culvert along the southerly line of said
property. It is understood that any and all damages caused by the construction
to existing trees, shrubs, other landscaping, and utilities that are not part
of this project will be repaired or replaced, or both, at no expense to the
owners. This agreement shall terminate upon completion of the construction, or
two (2) months after construction is started, whichever comes earlier.
Dated:
Dated:
Accepted by
Dated:
F
F
for the Town of Los Gatos
(ENGO1 /RIGHT(2))
(Indi,idual)
STATE OF CALIFORNIA
CO TY OF c. SS.
' r
On before me, the under
si_ned, a Notary Pu lic n and r said State, personally ap ared
W
J
6 '
m^personeih,, kr. *%A-te- (or proved to me or. the asis of satisfaaon =OTSOT'AE ,..._ 9 evidence to be the SL.iL person(s)�_ whose name bscribed to BUR the within instrument and acknowledged that CUIKSA to executed the same. CppNTY %%I TNESS my h and official seal. pN 1o. IN}
Signature
STC 67 Name T pt or Printed) (This area for ollicial notarial seal)
✓_... — — —
TOWN OF LOS GATOS
NOTICE TO CONTRACTORS
Sealed proposals will be received at the office of the Town Clerk, 110 E. Main
St., Los Gatos, CA, 95030. until
3:00 P.M. ON MONDAY. MARCH 6. 1989
for the following project:
PROJECT 8706 - ALPINE STORM DRAINAGE
at which time they will be publicly opened and read aloud.
The project consists of Constructing 100+ feet of a 3'x5' reinforced concrete
box culvert between Alpine Avenue and Jackson Avenue along the southerly
property line at 308 East Main Street in the Town of Los Gatos.
The following information is presented to indicate the size of the project and
no warrant is made or intended as to final quantities:
I � Item ti E IJI
1.
Clearing, grubbing and demolition
1
L.S.
2.
Structure excavation
80
C.Y.
3.
Steel rebar (A615 grade 60, N4 and M7)
6000
Lb.
4.
Structural concrete
40
G.Y.
5.
Structure backfill
96
C.Y.
6.
Concrete sidewalk
25
S.F.
A class "A" General Engineering License is required.
Information for bidders, plans, specifications and forms for bidding this
project may be obtained from the Department of Engineering, 110 E. Main Street,
Los Gatos, CA, 95030, weekdays, excluding holidays, between 1:00 p.m. and 5:00
p.m. upon payment of a non - refundable fee of $25.00 per set.
By order of the Town Council on
ATTEST:
REBECCA L. YATES, DEPUTY CLERK OF THE TOWN OF LOS GATOS
447 817'