18- ADOPT RESOLUTION ACCEPTING WORK OF PFISTER EXCAVATING, INC. ON PROJECT 9309, 9312, 9315, AND 9316-CONSOUDATED STORM DRAINS AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK3s-
COUNCIL AGENDA
DATE: 9/6/94
ITEM NO. ir
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: August 30, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: A. ADOPT RESOLUTION ACCEPTING WORK OF PFISTER EXCAVATING, INC. ON
PROJECT 9309, 9312, 9315, AND 9316 - CONSOLIDATED STORM DRAINS AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN
CLERK
B. AUTHORIZE A TRANSFER OF $200. FROM PROJECT 461 DBLSS TO PROJECT
461 DWHEE
RECOMMENDATION:
1. Adopt resolution accepting work of Pfister Excavating, Inc. on Project 9309, 9312, 9315, and 9316 -
Consolidated Storm Drains and authorizing the Town Manager to execute a Certificate of
Acceptance and Notice of Completion for recording by Town Clerk.
2. Authorize a transfer of $200. from Project 461 DBLSS to Project 461 DWHEE.
BACKGROUND:
On July 19, 1993, Council awarded the bid for this project to Pfister Excavating, Inc. On January, 1994, the
project was completed. Executing and recording the Certificate of Acceptance is now required to finalize
the Town's acceptance of the project.
DISCUSSION:
The work was completed by Pfister Excavating, Inc. and has been accepted by the Building and Engineering
Department. Ten percent of the faithful performance bond will remain in effect for a period of two years to
guarantee any needed repair and/or replacement caused by defective materials or workmanship.
Attachments: (See Page 2 for List of Attachments)
Distribution: Pfister Excavating, Inc., P. O. Box 4312, Vallejo, CA 94590
PREPARED BY: SCOTT R. BAKER
Director of Building and Engineering Services
SRB:CG:ms 8/30/94 1:55 pm
N:\B&E\MILLIE\9309.cer
Reviewed by: Attorney _ ClerkkiqrFinance Treasurer
COUNCIL ACTION/ACTION DIRECTED T0:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AUTHORIZE THE MANAGER TO EXECUTE AND THE TOWN CLERK TO RECORD A
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
August 30, 1994
ENVIRONMENTAL ASSESSMENT:
This project is defined under CEQA and is statutorily exempt under Section 15303, California Administrative
Code, Title 14, Division 6, Sections 15260-15329.
CONCLUSION:
Pfister Excavating, Inc. has satisfactorily completed Project 9309, 9312, 9315, and 9316 - Consolidated Storm
Drains. Staff recommends that the Certificate of Acceptance and Notice of Completion be executed and
recorded.
FISCAL IMPACT:
The contractor has been paid in full and Projects 461 DWHEE, 461 DBELL, 461 DBAYV, and 462DCOLL can
be closed.
BID PRICE CHANGE ORDERS EXPENDITURES
$208,263. $31,177 $239,440
EXPENDITURES
Account No. -
Account No. -
Account No. -
Account No. -
(4461-85801)
(4461-85801)
(4462-85802)
(4462-85802)
ATTACHMENTS:
1.
Resolution
A.
- Project No.
- Project No.
- Project No.
- Project No.
(461 DWHEE-61063)
(461 DBELL-61063)
(461 DBAYV-61063)
(462DCOLL-61063)
Certificate of Acceptance and Notice of Completion
$146,070.
7,760.
74,130.
11,480.
$239,440.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF PFISTER EXCAVATING, INC.
ON PROJECT 9309, 9312, 9315, AND 9316 -
CONSOLIDATED STORM DRAINS
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY TOWN CLERK
WHEREAS:
1. On March 15, 1993, the Town Council approved plans and specifications for
Project 9309, 9312, 9315, and 9316 - Consolidated Storm Drains.
2. On July 19, 1993, the Town Council awarded the contract for the proposed work
to Pfister Excavating, Inc.
3. Pfister Excavating, Inc. has substantially completed the project in conformance with
the plans and specifications.
4. Ten percent of the performance bond provided by Pfister Excavating, Inc. shall
remain in place for one year until September 6, 1995, to guarantee the work.
RESOLVED:
A. The work on Project 9309, 9312, 9315, and 9316 - Consolidated Storm Drains,
by Pfister Excavating, Inc. is hereby accepted as complete pursuant to the plans and
specifications for the project.
B. The Town Manager is authorized and directed to execute the Certificate of
Acceptance and Notice of Completion attached as Exhibit A hereto.
C. The Town Clerk is directed to transmit this Certificate of Acceptance and Notice
of Completion to the Recorder of Santa Clara County for recording.
AZTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 6th day of September, 1994 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
1'EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
PLEASE RECORD AND RETURN TO:
Town Clerk
P.O. Box 949
Los Gatos, CA 95031
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PROJECT 9309, 9312, 9315, 9316 - CONSOLIDATED STORM DRAINS
TO WHOM IT MAY CONCERN:
We do hereby certify that Pfister Excavating, Inc. has substantially completed the work
called for in the agreement with the Town of Los Gatos dated . The work is
listed in the specifications prepared by the Town of Los Gatos and generally consisted of
furnishing all labor, materials, tools, equipment, and services required for completion of the
Consolidated Storm Drain Project, as specified, at various locations in the TOWN OF LOS
GATOS, County of Santa Clara, State of California and was completed, approved and
accepted on September 6, 1994.
The Surety on the bond accompanying the contract/agreement is the
Insurance Company.
Bond Dated: July 30, 1993
TOWN OF LOS GATOS
By:
Director of Building and Engineering Services
By:
Manager
EXHIBIT A
That I, DAVID W. KNAPP, the Manager of 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 , 1994 at Los Gatos, California.
State of California )
ss
County of Santa Clara)
DAVID W. KNAPP, Manager
Town of Los Gatos
On , before me, MARIAN V. COSGROVE, TOWN CLERK, TOWN OF LOS
GATOS, personally appeared SCOTT R. BAKER, Director of Building and Engineering and
DAVID W. KNAPP, Manager of the Town of Los Gatos, personally known to me to be the
person(s) whose name(s) are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities, and that by their signature(s) on
the instrument the persons(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
MARIAN V. COSGROVE
Town Clerk
Town of Los Gatos
ALL SIGNATURES SHALL BE IN BLACK INK
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 6, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 9/6/94
ITEM NO. 18
DESK ITEM
A. ADOPT RESOLUTION ACCEPTING WORK OF PFISTER EXCAVATING, INC. ON
PROJECT 9309, 9312, 9315, AND 9316 -- CONSOLIDATED STORM DRAINS
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN
CLERK
B. AUTHORIZE A TRANSFER OF $200 FROM PROJECT 461DBLSS TO PROJECT
461 DWHEE
The proposed resolution correctly states that 10% of the performance bond is to remain
in place for one year (to September 6, 1995) and not for two years as indicated in the Council Agenda
Report.
PREPARED BY: LARRY E. ANDERSON, Town Atto f
..;r
Reviewed by:
Attorney Clerk Finance Treasurer
COUNCIL AC ON/ACTION DIRECTED TO:
RESOLUTION 1994 - 130
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF PFISTER EXCAVATING, INC.
ON PROJECT 9309, 9312, 9315, AND 9316 -
CONSOLIDATED STORM DRAINS
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY TOWN CLERK
WHEREAS:
1. On March 15, 1993, the Town Council approved plans and specifications for
Project 9309, 9312, 9315, and 9316 - Consolidated Storm Drains.
2. On July 19, 1993, the Town Council awarded the contract for the proposed work
to Pfister Excavating, Inc.
3. Pfister Excavating, Inc. has substantially completed the project in conformance with
the plans and specifications.
4. Ten percent of the performance bond provided by Pfister Excavating, Inc. shall
remain in place for one year until September 6, 1995, to guarantee the work.
RESOLVED:
A. The work on Project 9309, 9312, 9315, and 9316 - Consolidated Storm Drains,
by Pfister Excavating, Inc. is hereby accepted as complete pursuant to the plans and
specifications for the project.
B. The Town Manager is authorized and directed to execute the Certificate of
Acceptance and Notice of Completion attached as Exhibit A hereto.
C. The Town Clerk is directed to transmit this Certificate of Acceptance and Notice
of Completion to the Recorder of Santa Clara County for recording.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the oth day of September, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A'1TFEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
September 6, 1994
Los Gatos, California
CONSOLIDATED STORM DRAINS/PROJECTS 9309, 9312, 931.5, 9316
COMPLETION NOTICE/RESOLUTION 1994-130 (18.35)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-
130 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
PFISTER EXCAVATING, INC. ON PROJECT 9309 2 1_2,__31.5, AND 9316 - CONSOLIDATED
STORM DRAINS AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY
TOWN CLERK. Carried unanim.ous]y.
9321 PROJECT/ENERGY CONSERVATION MODIFICATIONS/R.ESOLUTION 1994-131 (19.35)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-
131 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR PROJECT 9321 -
ENERGY CONSERVATION MODIFICATIONS. Carried unanimously.
WOOD ROAD #1/ANNEXATION/RESOLUTION 1994-132 (20.04)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-
132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE
ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS WOOD ROAD
1 TO THE TOWN OF LOS GATOS. Carried unanimously.
ROOFING MATERIALS/INSTALLATION/ORDINANCE 1988 (21.46)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1988
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AFFIRMING FINDINGS OF LOCAL
NECESSITY TO REGULATE ROOFING MATERIALS AND INSTALLATIONS. Carried
unanimously.
VERBAL COMMUNICATIONS
Below Market Price Housing:
Jamie Wilimes, 342 Deerwood Crt., Mountain View, spoke of problems selling her BMP unit.
Gregg Ann Herrern, 535 Lasser St., Real Estate Agent for Abigail Co., Los Altos, expressed her
concerns in the management of sales within the BMP program.
Entertainment Ordinance:
Charles Sauers, 1884 Foxworthy, San Jose, requested Council's consideration of the Drummer's
Group to play at The Crow coffee house. Lee Bowman, Planning Director, stated that this
subject is on the Planning Commission agenda for September 14, 1994.
HEARINGS
VEHICLE REPAIR/RESIDENTIAL LOTS/ORDINANCE CONSIDERATION (22.47)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introducing ordinance amending Section 29.10.020 and adding Section 29.40.038 of the Town
Code to add definition of categories of vehicle repair and add restrictions concerning the repair
of vehicles on residential lots. This matter will not have a significant impact on the environment
and is therefore exempt from the requirements of the California Environmental Quality Act.
Zoning Ordinance Amendment A-94-3. Applicant: Town of Los Gatos.
IC: D6: M MO90694
4