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2007-054 - ACCEPTING WORK OF CASEY CONSTRUCTION, INC. FOR PPW JOB NO. 05-16 OAK MEADOW PARK RETAINING WALL REPLACEMENT PROJECT 0715 AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY CLERK ADMINRESOLUTION 2007 -054 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF CASEY CONSTRUCTION, INC. FOR PPW JOB NO. 05-16 OAK MEADOW PARK RETAINING WALL REPLACEMENT PROJECT 0715 AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY CLERK ADMINISTRATOR WHEREAS, on February 5, 2007, the Town Council awarded a contract for the Oak Meadow Park Retaining Wall Retaining Wall Replacement project to Casey Construction, Inc. as the lowest responsible bidder; and WHEREAS, Casey Construction, Inc. substantially completed the project in conformance with the Town's bid process and pursuant to Council approval; and WHEREAS, ten percent of the performance bond provided by Casey Construction, Inc. shall remain in place for two years until May 21, 2009 to guarantee the work; and WHEREAS, the work on PPW Job No. 05 -16 — Oak Meadow Park Retaining Wall Replacement Project is hereby accepted as complete pursuant to the plans and specifications for the project. NOW THEREFORE BE IT RESOLVED, that the Town Manager is authorized and directed to execute the Certificate of Acceptance and Notice of Completion attached as (Exhibit A) hereto. BE IT FURTHER RESOLVED, that the Clerk Administrator is directed to transmit this Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for recording. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of May, 2007 by the following vote. COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe Pirzynski NAYS: None & "'I F912a ABSTAIN: SIGNED: MAYO OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: �v CLER )MINISTRATOR OF THE TOWN OF LOS GATOS LOS ` GATTOS, CALIFORNIA RECORDING REQUESTED BY: TOWN OF LOS GATOS PLEASE RECORD AND RETURN TO: Clerk Administrator P.O. Box 949 Los Gatos, CA 95031 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PPW JOB NO. 05-16 — OAK MEADOW PARK RETAINING WALL REPLACEMENT PROJECT TO WHOM IT MAY CONCERN: We do hereby certify that Casey Construction, Inc. substantially completed the work on April 16, 2007, called for in the agreement with the Town of Los Gatos dated February 14, 2007. The work is outlined in the Town's informal bid process prepared by the Town of Los Gatos and generally consisted of furnishing all labor, materials, tools, equipment, and services required for completion of the PPW Job No. 05 -16 — Oak Meadow Park Retaining Wall Replacement project located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted May 21, 2007. The Surety accompanying the contract/agreement is the Contractors Bonding.and Insurance Company. Bond No.: 7768 Date: February 8, 2007 TOWN OF LOS GATOS IC Interim Director of Parks and Public Works Town Manager Acknowledgement Required EXHIBIT A AFFIDAVIT To Accompany Certificate of Acceptance and Notice of Completion PPW Job No. 0 -5 -16 — Oak Meadow Park Retaining Wall Replacement Project I, DEBRA J. FIGONE, the Town Manager of the Town of Los Gatos, have read the foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know the contents thereof. The same is true of my own knowledge, except as to the matters which are therein alleged on information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on , 2007 at Los Gatos, California. DEBRA J. FIGONE, TOWN MANAGER Town of Los Gatos RECOMMENDED BY: Interim Director of Parks and Public Works APPROVED AS TO FORM: Town Attorney Notary Jurat Required Date: Date: ACKNOWLEDGEMENT State of California County of Santa Clara On before me, PATRICIA M. DUARTE, NOTARY PUBLIC, personally appeared KEVIN ROHANI and DEBRA J. FIGONE, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the within instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal: Notary Public (seal) ----------------------- - - - - -- OPTIONAL ---------------------- - - - - -- CAPACITY CLAIMED BY SIGNER: Municipal Officers of the Town of Los Gatos DESCRIPTION OF ATTACHED DOCUMENT: Title of Document: Certificate of Acceptance and Notice of Completion PPW Job No. 05 -16 — Oak Meadow Park Retaining Wall Project No. of Pages: 1 Date of Document: Signer(s) Other than Named Above: Orry Korb t� JURAT State of California County of Santa Clara Subscribed and sworn to (or affirmed) before me, Patricia M. Duarte, Notary Public, on this day of , 200 , by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public (SEAL) ----------------- - - - - -- OPTIONAL ------------------- - - - - -- DESCRIPTION OF ATTACHED DOCUMENT: Title of Document: Affidavit to Accompany Certificate of Acceptance and Notice of Completion - PPW Job No. 05 -16 — Oak Meadow Park Retaining Wall Project Number of Pages: 1 Date of Document: Signers Other than Named Above: Kevin Rohani and Orry Korb