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1999-002-Accepting Work Of George Bianchi Construction Project 9712RESOLUTION 1999 -2 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GEORGE BIANCHI CONSTRUCTION, INC. PROJECT 9712 - LOS GATOS CREEK TRAIL RETAINING WALL AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK WHEREAS: 1. On November 2, 1998, the Town Council awarded the contract for the proposed work to George Bianchi Construction, Inc. 3. George Bianchi Construction, Inc. substantially completed the project in conformance with the plans and specifications pursuant to Town Council approval. 4. Ten percent of the performance bond provided by George Bianchi Construction, Inc. shall remain in place for 2 years until December 30, 2000 to guarantee the work. RESOLVED: A. The work on Project 9712 - Los Gatos Creek Trail Retaining Wall, completed by George Bianchi Construction, Inc., is hereby accepted as complete pursuant to the plans and specifications for the project. B. The Town Manager is authorized and directed to execute the Certificate of Acceptance and Notice of Completion attached as Exhibit A hereto. C. The Town Clerk 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 19th day of January, 1999, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins NAYS: None ABSENT- None ABSTAIN: None SIGNED: MAYO T P O'CTOS ORNIA ATTEST: TOWN CLERK OF THE TO OF LOS GATOS LOS GATOS, CALIFORNIA PLEASE RECORD AND RETURN TO: Town Clerk P.O. Box 949 Los Gatos, CA 95031 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PROJECT 9712 - LOS GATOS CREEK TRAIL RETAINING WALL TO WHOM IT MAY CONCERN: We do hereby certify that George Bianchi Construction, Inc. substantially completed the work in December, 1998 called for in the agreement with the Town of Los Gatos dated 17th day of November, 1998. The work is listed in the specifications prepared by the Town of Los Gatos and generally consisted of furnishing all labor, materials, tools, equipment, and services required for completion of the Los Gatos creek trail retaining wall located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted January 18, 1999. The Surety on the bond accompanying the contract/agreement is the Financial Pacific Insurance Company. TOWN OF LOS GATOS By: Director of Parks and Public Works Town Manager Exhibit ,A I, DAVID W. KNAPP, 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 1999 at Los Gatos, California. DAVID W. KNAPP, Town Manager RECOMMENDED BY: Date: Director of Parks and Public Works APPROVED AS TO FORM: Date: Town Attorney TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGEMENT State of California County of Santa Clara On before me, MARIAN V. COSGROVE, Town Clerk of the Town of Los Gatos, personally appeared DAVID W. KNAPP, Town Manager of the Town of Los Gatos, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the within instrument the entity upon behalf of which the person acted, The Town of Los Gatos, executed the instrument. WITNESS my hand and official -seal. Town Clerk of the Town of Los Gatos Los Gatos, California CAPACITY CLAIMED BY SIGNER: Municipal Officer of the Town of Los Gatos DESCRIPTION OF ATTACHED DOCUMENT: Title of Document: Certificate of Acceptance and Notice of Completion Project 9712 - Los Gatos Creek Trail Retaining Wall Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None