17 Staff Report.Tucker Construction ARC ADA RR project closeout with Attachments
PREPARED BY: Dan Keller
Facilities & Environmental Services Manager
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: 08/06/2024 ITEM NO: 17
DATE: August 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Americans with Disabilities Act (ADA) Upgrade Public Restroom – Adult
Recreation Building (CIP No. 821-2601):
a. Authorize the Town Manager to Execute a Certificate of Acceptance and
Notice of Completion for Construction of an Americans with Disabilities
Act (ADA) Compliant Public Restroom in the Adult Recreation Building
Completed by Tucker Construction, Inc., and Authorize the Town Clerk to
File for Recordation (CIP No. 821-2601);
b. Authorize an Expenditure Budget Decrease of Community Development
Block Grant (CDBG) Funds in an Amount of $218,979; and
c. Authorize an Expenditure Reclassification from Grant Fund to General
Fund Appropriated Reserve (GFAR) in an amount of $50,361.26
RECOMMENDATION:
Americans with Disabilities Act (ADA) Upgrade Public Restroom – Adult Recreation Building (CIP
No. 821-2601):
a. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion (Attachment 1) for Construction of an Americans with Disabilities Act (ADA)
Compliant Public Restroom in the Adult Recreation Building Completed by Tucker
Construction, Inc., and authorize the Town Clerk to File for Recordation (CIP No. 821-2601);
b. Authorize an Expenditure Budget Decrease of Community Development Block Grant (CDBG)
Funds in an amount of $218,979; and
c. Authorize an expenditure reclassification from Grant Fund to General Fund Appropriated
Reserve (GFAR) in an amount of $50,361.26.
PAGE 2 OF 3 SUBJECT: Americans with Disabilities Act (ADA) Upgrade Public Restroom – Adult Recreation
Building (CIP No. 821-2601)
DATE: August 1, 2024
BACKGROUND:
The Adult Recreation Building services seniors and having an accessible ADA-compliant public
restroom is essential to the functioning of the building. This project was created to provide an
ADA-compliant public restroom on the ground floor of this building.
On June 20, 2023, Town Council authorized the Town Manager to execute a Construction
Agreement with Tucker Construction Inc. for the construction of an ADA compliant restroom
for a total agreement in the amount of $274,439, including a 10% contingency for unforeseen
services. Construction start was delayed to November 2023 so the most substantial work
would occur during the holiday break between Christmas and the New Year.
The contingency amount was used for unforeseen plumbing work during the project. On June
4, 2024, a first amendment to the Construction Agreement in the amount of $13,538 was
authorized by Council to allow for Tucker Construction, Inc. to complete additional unforeseen
work. The total agreement amount authorized by Council was $287,977.
During the project development, Community Development Block Grant (CDBG) funds in an
amount of $218,979 were identified and staff brought the draft CDBG funding agreements to
Council for authorization of receipt and use of the funds. Ultimately, the CDBG funding
agreement was not fully executed by the County, resulting in the funds not being available.
County staff has confirmed that for the CDBG funds are listed as cancelled in the County’s
system, indicating they are no longer available for the Town’s use.
During the project development, Council also authorized receipt and use of a $250,000 grant
from the County of Santa Clara as proposed by Supervisor Simitian. The Town received the
funds in the full amount and credited them to the project through the Town’s General Fund
Appropriated Reserves (GFAR).
DISCUSSION:
Tucker Construction Inc. began work in November 2023 and as of June 5, 2024, has
satisfactorily completed all contracted work items, for a final construction cost of $287,977.
Five percent of the faithful performance bond 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 and to release the retention
funds withheld from the contractor.
PAGE 3 OF 3 SUBJECT: Americans with Disabilities Act (ADA) Upgrade Public Restroom – Adult Recreation
Building (CIP No. 821-2601)
DATE: August 1, 2024
DISCUSSION (continued):
This work was the final component to the project and the project will now be considered
complete, closed out, and removed the Capital Improvement Program.
CONCLUSION:
With Council’s authorization of the recommendations, the contract with Tucker Construction
will be closed out and staff will proceed with other close out steps.
FISCAL IMPACT:
CDBG funds in the amount of $218,979 were not available and a budget adjustment is
necessary to document this fact. Project expenditures include $50,361.26 which were
expensed to grant funds that were not received. Staff is requesting Council to authorize an
expenditure reclassification from grant fund to General Fund Appropriated Reserve (GFAR) in
the amount of $50,361.26 to correctly reflect the funding source of the expense.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and not further action was required.
Attachment:
1. Certificate of Acceptance and Notice of Completion
Budget Costs
GFAR 183,000$
Grant Funds - Santa Clara County Board of Supervisors 250,000$
Grant Funds - Community Development Block Grant (CDBG)78,979$
Grant Funds - Community Development Block Grant (CDBG)140,000$
Budget Decrease of Community Development Block Grant (CDBG)
Funds (Requested with this Staff Report)(218,979)$
Total Budget 433,000$
Costs
Project Expenditures 353,136$
Total Costs 353,136$
Available Balance 79,864$
Americans with Disabilities Act (ADA) Public Restroom Upgrade - Adult Recreation Center
CIP No. 821-2601
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. 421-821-2601 Adult Recreation Center ADA Restroom
TO WHOM IT MAY CONCERN:
I do hereby certify that Tucker Construction, Inc. completed the work called for in the agreement
with the Town of Los Gatos dated July 12, 2023. 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. 421-821-2601 located
in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed,
approved and accepted June 5, 2024.
Bond No.: 4458735
Date: 6/20/23
TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgment Required
ATTACHMENT 1