Staff Report with attachments
PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Interim Finance Director, and
Acting 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: 8/2/2022 ITEM NO: 12
DATE: July 8, 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 2021/22 Curb, Gutter, and Sidewalk
Maintenance Project (CIP No. 813-9921), Completed by Spencon
Construction, 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) 2021/22 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-
9921), completed by Spencon Construction, and authorize the Town Clerk to file for
recordation.
BACKGROUND:
The FY 2021/22 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 as asphalt overlay
and rubber cape seal prompts curb ramps on associated streets to be installed or upgraded per
the latest ADA requirements and standards.
At the February 15, 2022 Town Council meeting, Council approved the plans and specifications
for the Annual (FY 2021/22) 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 $588,500, including contingencies.
PAGE 2 OF 4 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the FY 2021/22 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Spencon Construction, and Authorize the Town Clerk to File for Recordation DATE: July 8, 2022
BACKGROUND (continued):
On March 10, 2022, the Town received twelve bids ranging from $367,145 to $723,600. The
Town entered into an agreement with Spencon Construction for the work for the lowest
responsible bid of $367,145. Bidding the projects early in the year helped the Town receive
favorable bids.
DISCUSSION:
With the timely execution of the contract, the construction project started in April 2022.
Spencon Construction has since satisfactorily completed all contracted work items, including
Town requested change order work, for a final construction cost of $387,225. Per the original
scope, a total of 57 curb ramps were made ADA compliant, and 250 square feet of sidewalk and
65 linear feet of curb and gutter which were uplifted and damaged were replaced. The Town
requested change order work that resulted in an additional 90 square feet of sidewalk and 84
linear feet of curb and gutter being replaced as needed prior to the street resurfacing
scheduled this year. 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 2021/22 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921),
completed by Spencon Construction, 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
PAGE 3 OF 4 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the FY 2021/22 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Spencon Construction, and Authorize the Town Clerk to File for Recordation DATE: July 8, 2022
FISCAL IMPACT (continued):
temporary staff. The costs associated with staff that are not included in the Parks and Public
Works Department budget will be charged to the project through an administrative transfer of
funds.
The fiscal table below reflects expenditures for the FY 2020/21 project which was delayed,
resulting in the work performed and payment made during FY 2021/22. This report is meant to
close out the contract with Spencon Construction associated with the FY 2021/22 work. The
project fund balance will carry to the next year’s project.
Budget Costs
GFAR FY 2021/22 980,756$
Grant Funding 62,884$
Total Budget 1,043,640$
Expenditures for FY 2021/22 project:
Construction - Spencon Construction 387,225$
Consultation Services - Ninyo & Moore 8,247$
Advertising 940$
Blueprint/Copy/Postage 366$
Total Expenditures 396,778$
Expenditures for FY2020/21 project posted to FY 2021/22 Budget
due to delayed contract with Villalobos:
Total Expenditures 396,268$
Encumbrances 10,465$
Remaining Budget 240,130$
Staff Costs
Operating Budget 64,450$
Total 64,450$
FY 2021/22 Curb, Gutter, and Sidewalk Maintenance
Project 813-9921
PAGE 4 OF 4 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the FY 2021/22 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Spencon Construction, and Authorize the Town Clerk to File for Recordation DATE: July 8, 2022
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
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
PPW JOB NO. 21-813-9921 FY 2021/22 Curb, Gutter, and Sidewalk Maintenance Project
TO WHOM IT MAY CONCERN:
I do hereby certify that Spencon Construction completed the work called for in the agreement
with the Town of Los Gatos dated March 30, 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 PPW Job No. 21-813-9921 located
in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed,
approved and accepted August 2, 2022.
Bond No.: CSB0015664
Date: March 28, 2022
TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgement Required
ATTACHMENT 1
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW JOB NO. 21-813-9921 FY 2022/21 Curb, Gutter, and Sidewalk Maintenance 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 _____________________, 2022 at Los Gatos, California.
__________________________________________
LAUREL PREVETTI, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Date: ____________________________
Nicolle Burnham
Director of Parks and Public Works
APPROVED AS TO FORM:
Date: ____________________________
Gabrielle Whelan, Town Attorney
Notary Jurat Required