03 2024 Annual Street Repair and Resurfacing Project Acceptance with Attachments
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/01/2025 ITEM NO: 3
DATE: March 27, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and
Notice of Completion for the 2024 Annual Street Repair and Resurfacing
Project (CIP No. 811-9901), Completed by O’Grady Paving, and Authorize the
Town Clerk to File for Recordation
RECOMMENDATION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion
(Attachment 1) for the 2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901),
completed by O’Grady Paving, and authorize the Town Clerk to file for recordation.
BACKGROUND:
The 2024 Annual Street Repair and Resurfacing Project is an annual project for street
rehabilitation activities throughout the Town to enhance safety for all travel modes and
maintain the roadway infrastructure.
The project began bid advertising on Friday, April 12, 2024. On May 8, 2024, bid packages were
opened and six contractors submitted bids. On June 4, 2024, the Town Council approved the
staff recommendation to award the construction to O’Grady Paving in the amount of
$3,274,430. The council action also set aside a 10% contingency in the amount of $327,443 for
change orders.
DISCUSSION:
The construction project started in June 2024 and O’Grady Paving has since satisfactorily
completed all contracted work items. The work completed included the repair of isolated areas
for pavement, asphalt overlay, slurry seal, adjusting utility elevations, and replacing striping and
PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the 2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by O’Grady Paving, and Authorize the Town Clerk to File for Recordation DATE: March 27, 2025
signage. Additional work included upgrading some bike lanes to improve safety. The work
locations are shown on the project plans linked here:
https://www.losgatosca.gov/DocumentCenter/View/39481/2024-Annual-Resurfacing-Project---
Street-List?bidId=
Two change orders were executed for this project. Change Order 1 was valued at $37,922.50
and allowed for pedestrian and vehicular signage and striping improvements requested by the
Town Traffic Engineer. The improvements were recommended based on community feedback
and Safe Routes to School requirements. Change Order 2 for $281,146.00 paid for additional
striping, base repair, and overlay for ongoing pavement issues in locations beyond the project
plans. Many of these locations were unforeseen and came about due to weather failures. The
change orders were absorbed by the project’s 10% contingency fund.
The final project design and construction cost was $3,696,929. Staff recommends accepting the
project at this time.
Five percent of the faithful performance bonds will remain in effect for a period of two years as
a guarantee for any needed repair or replacement caused by defective materials and/or
workmanship for the project. The execution and recordation of the Certificate of Acceptance is
required to finalize the Town's acceptance and to release the retention funds withheld from the
contractor.
CONCLUSION:
This action formally accepts the contractor’s work meets the Town’s standards and
requirements. The completion of the required work finalizes all contractual obligations,
allowing for the release of retention and recordation of
COORDINATION:
This project has been coordinated with the Finance Department.
FISCAL IMPACT:
The fiscal table below reflects a multi-year project that crosses FY 2023/24 and FY 2024/25. The
table reflects the updated project budget and costs accrued to date. There may be additional
miscellaneous charges for the final closeout of the project. The project balance carries forward to
the next Annual Street Repair and Resurfacing Project. The table also reflects associated personnel
costs from operating budget program 5201.
PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the 2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by O’Grady Paving, and Authorize the Town Clerk to File for Recordation DATE: March 27, 2025
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice
of Exemption was previously filed.
Attachments:
1. Certificate of Acceptance and Notice of Completion
2. Verification of Work
Budget Costs
GFAR 4,847,044$
Gas Tax 3,298,619$
Total Budget 8,145,663$
Project Design and Construction 3,696,929$
Consultation Services 61,540$
Total Expenditures 3,758,469$
4,387,194$
Staff Costs
Operating Budget 135,077
Total Staff Costs 135,077$
2024 Annual Street Repair and Resurfacing Project
CIP Project 811-9901
Remaining Budget Carries Forward to the next Annual
Street Repair Project
ATTACHMENT 1
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. 811-9901 2024 Annual Street Repair and Resurfacing Project
TO WHOM IT MAY CONCERN:
I do hereby certify that O’Grady Paving, Inc. completed the work called for in the agreement with
the Town of Los Gatos dated June 2024. 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. 24-811-9901 located in the
TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved
and accepted April 1, 2025.
Bond No.: 107887827
Date: June 10, 2024
TOWN OF LOS GATOS
By: __________________________________
Chris Constantin, Town Manager
Acknowledgement Required