11 Staff Report-Certificate of Acceptance for FY22-23 Annual Curb Gutter and Sidewalk
PREPARED BY: Gary Heap
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: 10/17/2023 ITEM NO: 11
DATE: October 4, 2023
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 2022/23 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) 2022/23 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 2022/23 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 7, 2023 Town Council meeting, Council approved the plans and specifications
for bidding for the Annual (FY 2022/23) Curb, Gutter, and Sidewalk Maintenance Project. On
March 2, 2023, the Town received five bids for base bid plus additive alternate ranging from
$427,520 to $654,010. On April 4, 2023, Council authorized staff to award a construction
contract to the lowest bidder, Spencon Construction, in an amount of $427,520, plus a 10%
contingency for a total contract amount of $470,272.
PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the FY 2022/23 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) Completed by Spencon Construction and Authorize the Town Clerk to File for Recordation DATE: October 17, 2023
DISCUSSION:
The construction project started in May 2023 and Spencon Construction has since satisfactorily
completed all contracted work items, including Town requested change orders for additional
work identified in the field during construction, for a final Spencon construction cost of
$465,530 as referenced in the fiscal table below. The project brought a total of 69 curb ramps
into ADA compliance and replaced about 630 square feet of sidewalk and 570 linear feet of
curb and gutter which were uplifted and damaged. 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 2022/23 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:
This report is meant to close out the contract with Spencon Construction associated with the FY
2022/23 work. There were sufficient funds available in the CIP Budget for the 2022/23 Curb,
Gutter, and Sidewalk Maintenance Project CIP No. 813-9921 as displayed in the fiscal table.
The project fund balance carries forward into the next year’s project.
PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the FY 2022/23 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) Completed by Spencon Construction and Authorize the Town Clerk to File for Recordation DATE: October 17, 2023
FISCAL IMPACT (continued):
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 2022/23 544,280$
Total Budget 544,280$
Spencon Contract Amount 427,520$
10% Contingency 42,752$
Total Contract Amount 470,272$
Construction Contract - Spencon Construction 427,520$
Construction Contingency - Spencon Construction 38,010$
Total Spencon Project Cost 465,530$
Consultation Services - Ninyo & Moore 12,048$
Advertising 865$
Blueprint/Copy/Postage 296$
Temporary/Part-time Staff 4,110$
Total Expenditures 482,849$
Remaining Budget 61,431$
FY 2022/23 Curb, Gutter, and Sidewalk Maintenance
Project 813-9921