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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'