1982-161-A-Approving Winchester Boulevard Right-Of -Way Permit From The State Of California Department Of TransportationsRESOLUTION N0. 1982-161 °JA
RESOLUTION APPROVING WINCHESTER BOULEVARD RIGHT -OF -WAY PERMIT
FROM THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
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 into an agreement entitled,
"Right-of-Way Permit ", with the State of California Department of Transportation, a
copy of which is attached hereto.
FURTHER RESOLVED, that the Mayor is authorized, and is hereby directed, to
execute said Right -of -Way Permit in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a re ular meeting of the Town Council of the Town of Los
Gatos held on the 7th of September 1982, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, NlarLyn J.
Rasmussen. Peter W. Siemens and Mayor Brent N. Ventura
NOES: COUNCIL MEMBERS Nine
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
M Ile
AYOR OF THE TOWN OF GATOS
ATTEST:
� � 7
CLERK OE' THE TOWN OF LOS GATO�S —
04- SCI -85
Parcel Nos. 41029
41W, 42574 -1
R I G H T -OF PI A Y P E R NR I T
Town of Los Gatos
Department of Public Works
Civic Center
110 East train Street
Los Gatos, CA 95030
Gentlemen:
Permission is hereby granted to the TOWN OF LOS GATOS, or its
authorized agent, to enter upon a _ ortion of our lands, as outlinec5
in red on the maps attached hereto and by this reference made a part
hereof, for the purpose of widening Winchester Boulevard in the UYIN
A,..
OF LOS GATOS across file L'nC JnSt� "'U.CteCi portion Ol' State f7i., %, }llvayr Route
85.
Subject to all leases, easements, covenants, conditions and
restrictions, recorded and unrecorded.
Subject to rights of State's tenants, J. Anderson, C. Hodgson,
Albert R. Frank, et al as occupants of subject State - owned
prOTiEY'ty ?JUrSUa7"tt to Rental Agreements and/or l- rEaSC' Ag1 "C'ei7tei?tS.
The rights and privileges bereiy granted to the TOWS Or LOS GATOS
ray, at the option of the TO-r , Olt'' LOS GATOS be exercised by an
authorized agent or Contractor of the TOWN OF LOS GATOS.
The TOIL OIL' LOS GATOS will be responsible at all tunes for n.ain-
taining said Winchester BlvJ. improvenant work in a proper conJit"ion.
publ�c u- private utilities installed within subiect
k - " , i I _ -
Wfnahosoer Boulevard improvement area as outlined in red an attached
nop shall be relocated entirely at owner's expense when relocation is
nece 7ate& by any transportation facility construction.
Sivald the adopted State HiShway Route 55 be later modified or
rescinded, the existence of Winchester Boulevard will create no pro-
rerty rights succeeding to the TOWN OF LOS GATOS within the subject
area E3 outlined in red on map attached hereto. Provided further,
hswever, if sail adopted Route 87 is in the future rescinded, and the
ct land is declared excess to the needs of the State of California;
t?-.e OF LOS GATOS agrees to pay the State the 0en market value
for the property occupied by said Winchester Boulevard.
The State will, then subject to approval by the California
VrnnEoortation Con miss ion, convey title thereto by Director's Deed
to t� e TOWN OF LOS GATOS upon receipt of payment for said property.
The TO,,,N OF LOS GATOS did complete a Negative Declaration for
amid Winchester Boulevard improvement work, said document having been
nrenar& in accordance with all current instructions analicable thereto,
afea ate for the work as proposed.
By acceptance of this permission to enter, it is expressly
YAerstnod and agreed by and between the parties hereto that the TOWN
of LOS GAT OS agrees to indemnify and save the undersigned State o.
'n
its officers, agents and employees harmless against any
ond all loss, damages, and/or liability which may be suffered or
incurred by State of California, its officers, agents and employees
and aEalnst any and all claims, demands, and cause of action that may
le trwuEht against the State of Californiao its officecs, agents an,"i
em- Oloyees caused by, or arising out of, or in any way connected with
the use and /or occupancy of said :Lands of the State of California by
the TOWN OF LOS GATOS, their agents, contractors, or assigns, or from
anyone what soeve.r from any cause in and anyway connected with the
property and sidewalks adjacent hereto, except as otherwise provided
by Statute. It is the intent of the parties that the TOWN ON LOS GATOS
will indemnify the State of California, its officers, agents and
employees from all such claims regardless of the existence or degree
of fault whether active or passive, primary or secondary on the part
of the State of California, its Officers, agents, or employees. The
TOWN Of LOS GATOS agrees to indemnify and save, harmless the State of
California, its officers, agents, and employees from all liability,
loss, l -oss, coot and obligations on account of or arising out of any injuries,
damages or 10 ses, however Occurring.
Sincerely yours,
RECOMMENDED FOR APPROVAL
J. D:)` >+D,�Chief
H /'•. Nanage ^ent Branch
i 5 . k -C b—i"' VOLI.,I', Cnie,' _ —
Project ??ev,lop:re.x,t E
Branch
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
RUEL A. S ECIL, Deputy
Di- strict Director, R/W
ACCEPTED:
TOWN OF LOS GATOS
RESOLUTION HO. 1982 -161
PESOLHTIOu OF THE TOWN COHHCIL OF THE TO1,111 OF LOS GATOS
APPROVING PLANS AND SPECIFICATIONS FOR
STREET RESURFACING
PROJECT 267 SS
WHEREAS, it is the intention of the Town Council of the Town of s_os Gatos
to install STREET RESURFACING - PROJECT 267 SS in the Town of Los Gatos; and
WHEREAS, the Town Engineer has presented Plans and Specifications for the
installation of STREET RESURFACING - PROJECT 267 SS
RESOLVED, that these Plans and Specifications entitled "TOW OF LOS GATOS
SPFCIFICATIONS - STREET RESURFACING - PROJECT 267 SS ", dated August 16, 1982,
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 doing of the work specified in the aforesaid Plans and Specifications,
which 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 16th day of August, 1982, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon Thomas J. Ferrite,
Peter W. Siemens and Mayor Brent N. Ventura
NOES: COHNCI!_ MEMBFP.S None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS lvlarLyn J. Rasmussen
SIGNED:
MAYOR OF E TOWN OF _ GA
ATTEST:
LERK E T014H OF LOS GATO_
TOWN OF LOS GAT OS
Section 1
NOTICE TO BIDDERS
Notice is hereby given that sealed bids will be received by the Clerk of the Town of
Los Gatos, of the County of Santa Clara, State of California, in the office of the
Clerk_, 110 E. Main Street, Los Gatos, California 95030, up to 3.00 P.N S'PTFP4R- =P
8, 1982, for Street Resurfacine - Project 267 SS in the Town of Los Gatos, our y of
far & 7 ara, "gi p t�TOrn1a, 'Tt CC anCf with Flans and Specifications on
file for the work in the Office of the Clerk of the Town of Las Gatos.
The bids will be opened by the Clerk of the Town of Los Gatos at the time and place
above stated, and a report of the names of all bidders and the amount of each bid
will be made by the Clerk to the Town Council at the next regular or special meeting
of the Town Council following the date of opening of bids.
Workman employed in the work must be paid at rates at least equal to the prevailing
wage scale as determined by the State Director of the Department of Industrial
Relations and on file in the Office of the Town Clerk.
Each bid must be accompanied by cash, a certified or cashier's check or a bidder's
bond in the sum of not less than ten (10 %) per cent of the total aggregate of the
bid, and the checks or bonds shall be made payable to the order of the Torun of Los
Gatos.
Pursuant to Section 4590 of the California Government Code, the contractor will be
permited, at its request and sole expense, to substitute securities for any moneys
withheld by the Town to ensure performance under the contract. Said securities will
be deposited either with the Town or with a state or federally chartered bank as
escrow agent. Securities eligible for this substitution are those listed in Section
16430 of the California Government Code or bank or savings and loan certificates of
deposit. The contractor shall be the beneficial owner of any securities substituted
for moneys withheld and shall recieve any interest thereon.
All bids must be addressed to the Clerk of the Town of Los Gatos, and shall bear the
title or name of the work to be constructed.
The Town of Los Gatos reserves the right to reject any and all bids or to waive any
errors or discrepancies,
The time limit for the completion of all work shall be forty (40) working days after
receipt of notification to proceed from the Engineer. The Contractor shall commence
word: within ten (10) days after receipt of notification to proceed from the
Engineer, as set fort; in Section 12 -06 of the Special Provisions. Liquidated
damages shall he assessed in the amount of Fifty and no /100 ($50.00) nollars for
each working day the work remains incomplete beyond the time fixed above for
completion.
Section 1 - Notice to Ridders
1
Plans and specifications may be secured from the Department of Public Works,
110 F. Bain Street, Los Gatos, California 95030, upon the payment of Five
($5.00) Dollars per set, NON - REFUNDABLE,
By order of the ToWn Council of the Town of Los Gatos, County of Santa Clara,
State of California, on August 16, 19M
ATTFS"i :
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STATE Of CALIFORNIA
BUSINESS AND TRANSPORTATION AGENCY
DEPARTMENT O� TRANSPORTATION
DISTRICT d
EXH /c3 /T FOR RIW PeRMIT
W/NZWESTcR B0ii1- _ O 0(
100ZI ARD RD. I PRovz -x,'Nn
BY 7-OVIIV OE' LC>.S GATOS
DRAWN BY .BA fj DATE
CW ED BY I SCALE ,
CO. 1 RTE. I DR. NO.
SC /' 85