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Staff Report with attachments PREPARED BY: WooJae Kim Town Engineer Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director and Director of Parks and Public Works 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 10/05/2021 ITEM NO: 5 DATE: September 15, 2021 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Guardrail Replacement Project (CIP No. 812- 0120, Federal No. HSIPL-5067-022), Completed by Coral Construction Company and Authorize the Town Clerk to File for Recordation RECOMMENDATION: Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for the Guardrail Replacement Project (CIP No. 812-0120, Federal No. HSIPL-5067-022) completed by Coral Construction Company and authorize the Town Clerk to file for recordation. BACKGROUND: The adopted Fiscal Year (FY) 2021/22-2025/26 Capital Improvement Program (CIP) Budget designates funding for the Guardrail Replacement Project (CIP No. 812-0120). The project is largely funded through a $980,100 Highway Safety Improvement Program (HSIP) grant secured from the Federal Highway Administration (FHWA). On February 16, 2021, the Town Council approved the plans and specifications for the Guardrail Replacement Project; and authorized the Town Manager to advertise the project for public bid and award a construction contract to the lowest responsible bidder not to exceed $800,000, including construction contingencies for future change orders. The project was advertised on February 19, 2021, and the Town received three bids for the project on March 18, 2021. All bids received were lower than the Engineer’s estimate and below the construction award amount of $800,000 approved by Council. The bid from Coral PAGE 2 OF 4 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Guardrail Replacement Project (CIP No. 812-0120, Federal No. HSIPL-5067-022), Completed by Coral Construction Company and Authorize the Town Clerk to File for Recordation DATE: September 15, 2021 BACKGROUND (continued): Construction Company was deemed the lowest responsible, and staff executed a construction agreement for $458,241. On June 1, 2021, Council authorized the increase of the project contingency amount to $308,000 for future change orders as recommended by staff to take full advantage of low bid pricing and to make full use of the federal grant funding. DISCUSSION: The project replaced approximately a half-mile of Town guardrails located on Blossom Hill Road, Cleland Avenue, Los Gatos Boulevard, Miles Avenue, More Avenue, Reservoir Road, and three segments on Santa Rosa Drive. Additional guardrail work was completed on Cypress Way, College Avenue, and Stonybrook Road through the change order process within the contingency amount approved by Council. Coral Construction Company has satisfactorily completed all work for the project for a final contract amount of $646,541.55, and staff recommends acceptance of the Project. Five percent of the faithful performance bonds will remain in effect for a period of two years as a guarantee for any needed repair or replacement caused by defective materials and/or workmanship for the project. The execution and recordation of the Certificate of Acceptance is now required to finalize the Town's acceptance of the Project. CONCLUSION: Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for the Guardrail Replacement Project (CIP No. 812-0120, Federal No. HSIPL-5067-022) completed by Coral Construction Company and authorize the Town Clerk to file the document with the County for recordation. FISCAL IMPACT: Staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the costs of the project, recovery of costs for grant funded projects, and identification of future staffing needs. This project utilized both full-time and part-time temporary staff. PAGE 3 OF 4 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Guardrail Replacement Project (CIP No. 812-0120, Federal No. HSIPL-5067-022), Completed by Coral Construction Company and Authorize the Town Clerk to File for Recordation DATE: September 15, 2021 FISCAL IMPACT (continued): The fiscal table below reflects the updated project budget and the costs accrued to date for the construction completion of the Guardrail Replacement Project. There may be additional miscellaneous charges for staff to seek all eligible grant reimbursements from FHWA and Caltrans to close out the project. Guardrail Replacement Project CIP No. 812-0120   Budget Costs GFAR $ 42,809   HSIP Grant $ 980,100   Total Project Budget $ 1,022,909         Engineering Consultant $ 117,920 Staff Cost (FY2019/20 to Current) $ 105,382 Coral Construction Company   $ 646,542 Labor Compliance Consultant (GCAP Services) $ 3,264 Advertising $ 2,680 Blueprint/Copy/Postage $ 293 Santa Clara County Clerk $ 50 Total Project Costs   $ 876,131   Available Balance   $ 146,778 ENVIRONMENTAL ASSESSMENT: This is a project defined under CEQA as being categorically exempt [Section 15301(c) Existing streets, sidewalks, trails and similar facilities]. A Notice of Exemption has been filed. Under the National Environmental Policy Act (NEPA), the project is determined to be categorically excluded from detailed environmental analysis. For the additional work proposed, CEQA Categorical Exception/NEPA Categorical Exclusion document has been approved and recertified by Caltrans. PAGE 4 OF 4 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Guardrail Replacement Project (CIP No. 812-0120, Federal No. HSIPL-5067-022), Completed by Coral Construction Company and Authorize the Town Clerk to File for Recordation DATE: September 15, 2021 Attachment: 1. Certificate of Acceptance and Notice of Completion ATTACHMENT 1 Recording Requested by: TOWN OF LOS GATOS WHEN RECORDED MAIL TO: TOWN CLERK TOWN OF LOS GATOS 110 E MAIN ST LOS GATOS, CA 95030 ______________________________________________________________________________ (SPACE ABOVE BAR FOR RECORDER’S USE) (RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103) TYPE OF RECORDING CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION CIP NO. 812-0120 Guardrail Replacement Project TO WHOM IT MAY CONCERN: I do hereby certify that Coral Construction Company completed the work called for in the agreement with the Town of Los Gatos dated April 7, 2021. The work is outlined in the Town’s 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 CIP No. 812-0120 located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted October 5, 2021. Bond No.: 30111855 Date: April 19, 2021 TOWN OF LOS GATOS By: __________________________________ Laurel Prevetti, Town Manager Acknowledgement Required AFFIDAVIT To Accompany Certificate of Acceptance and Notice of Completion CIP NO. 812-0120 Guardrail Replacement Project I, LAUREL PREVETTI, 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 _____________________, 2021 at Los Gatos, California. __________________________________________ LAUREL PREVETTI, TOWN MANAGER Town of Los Gatos RECOMMENDED BY: Date: ____________________________ Matt Morley Director of Parks and Public Works APPROVED AS TO FORM: Date: ____________________________ Robert Schultz, Town Attorney Notary Jurat Required