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2007-058 - Accepting Work Of Summit Springs Design, Inc. For Ppw Job No. 04 -66 Shannon Road Trail Connector Construction Project 0566 And Authorizing The Town Manager To Execute Certificate Of Acceptance And Notice Of Completion For Recording By Clerk AdRESOLUTION 2007 -058 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF SUMMIT SPRINGS DESIGN, INC. FOR PPW JOB NO. 04 -66 SHANNON ROAD TRAIL CONNECTOR CONSTRUCTION PROJECT 0566 AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY CLERK ADMINISTRATOR WHEREAS, on September 18, 2006, the Town Council awarded a contract for the Shannon Road Trail Connector Construction Project to Summit Springs Design, Inc., as the lowest responsible bidder; and WHEREAS, Summit Springs Design, 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 Summit Springs, Inc. shall remain in place for two years until May 21, 2009 to guarantee the work; and WHEREAS, the work on PPW Job No. 04 -66 — Shannon Road Trail Connector Construction 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. AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe Pirzynski NAYS: None ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, 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. 04 -66 — SHANNON ROAD TRAIL CONSTRUCTION PROJECT TO WHOM IT MAY CONCERN: We do hereby certify that Summit Springs, Inc. substantially completed the work on April 16 2007, called for in the agreement with the Town of Los Gatos dated October 9, 2006. 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. 04 -66 — Shannon Road Trail Construction Project located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted May 21, 2007. A cashier's check, in lieu of bonds, was received by the Town of Los Gatos. TOWN OF LOS GATOS M. Interim Director of Parks and Public Works By: Town Manager Acknowledgement Required EXHIBIT u AFFIDAVIT To Accompany Certificate of Acceptance and Notice of Completion PPW Job No. 04 -66 — Shannon Road Trail Construction 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. 04 -66 — Shannon Road Trail Construction Project No. of Pages: 1 Date of Document: Signer(s) Other than Named Above: Orry Korb J U RAT 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. 04 -66 — Shannon Road Trail Construction Project Number of Pages: 1 Date of Document: Signers Other than Named Above: Kevin Rohani and Orry Korb