Staff Report.Annual Curb, Gutter, and Sidewalk Maintenance Project
PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 3/1/2022 ITEM NO: 7
DATE: February 24, 2022
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 Fiscal Year 2020/21 Curb, Gutter, and Sidewalk
Maintenance Project (CIP No. 813-9921), Completed by Villalobos and
Associates, 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 Fiscal Year (FY) 2020/21 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-
9921), completed by Villalobos and Associates, and authorize the Town Clerk to file for
recordation.
BACKGROUND:
The FY 2020/21 Curb, Gutter, and Sidewalk Maintenance Project focused on replacing or
retrofitting curb ramps in compliance with the Americans with Disabilities Act (ADA) and other
accessibility requirements. Title II of the ADA obligates jurisdictions to upgrade non-conforming
curb ramps when streets are resurfaced from one intersection to another. The United States
Department of Justice has determined that roadway resurfacing work such asphalt overlay and
rubber cape seal prompts curb ramps on associated streets to be installed or upgraded per
latest ADA requirements and standards.
At the February 2, 2021, Town Council meeting, Council approved the plans and specifications
for the Annual (FY 2020/21) Curb, Gutter, and Sidewalk Maintenance Project, approved
advertising for bid, and authorized the Town Manager to award a construction contract in an
amount not to exceed $771,100, including contingencies.
PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the FY 2020/21 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Villalobos and Associates, and Authorize the Town Clerk to File for Recordation DATE: February 24, 2022
BACKGROUND (continued):
On February 25, 2021, the Town received eight bids ranging from $417,130 to $634,318. The
lowest responsible bid of $417,130 was from Villalobos and Associates, and a construction
contract for the amount was awarded. On March 16, Council authorized the project
contingency to be increased from ten percent to 30 percent of the contract award amount to
allow for additional curb, gutter, and sidewalk work to be completed utilizing the low unit bid
prices received from Villalobos and Associates.
DISCUSSION:
Due to delays associated with the execution of the contract, the construction project started in
June 2021. Villalobos and Associates has since satisfactorily completed all contracted work
items, including 24% of additional related concrete work, for a final contract amount of
$519,205. Staff recommends accepting 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
required to finalize the Town's acceptance and to release the retention funds withheld from the
contractor.
CONCLUSION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion
for the FY 2020/21 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921),
completed by Villalobos and Associates, and authorize the Town Clerk to file the certificate with
the County Clerk-Recorder’s Office for recordation.
COORDINATION:
This project has been coordinated with the Finance Department.
FISCAL IMPACT:
Parks and Public Works 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 3 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the FY 2020/21 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Villalobos and Associates, and Authorize the Town Clerk to File for Recordation DATE: February 24, 2022
FISCAL IMPACT (continued):
The fiscal table below reflects a multi-year project that crosses Fiscal Years 2020/21 and
2021/22. This report is meant to close out the contract with Villalobos and Associates
associated with the FY 2020/21 work. The project fund balance will carry to the next year’s
project.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice
of Exemption was previously filed.
Attachment:
1. Certificate of Acceptance and Notice of Completion
Budget Costs
GFAR FY 2020/21 - FY 2021/22 1,117,813$
Grant Funding 62,884$
Total Budget 1,180,697$
Construction (including contingency) - Villalobos & Associates 519,205$
Consultation Services - Ninyo & Moore 9,616$
Misc.895$
Advertising 952$
Blueprint/Copy/Postage 325$
Santa Clara County Clerk 50$
Total Expenditures 531,042$
Remaining Budget $649,654
FY 2020/21 - FY 2021/22 Curb, Gutter, and Sidewalk Maintenance
Project 813-9921