05 Staff Report - Curb, Gutter, and Sidewalk Repair~owN o,MEETING DATE: 2/19/08
ITEM NO:
C, ~l
ID
!ps saSO~ COUNCIL AGENDA REPORT
DATE: FEBRUARY 5, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 07-05 - FY 2007-08 - CURB GUTTER AND SIDEWALK
REPAIR AND REPLACEMENT PROJECT (411-813-9921)
ADOPT RESOLUTION ACCEPTING WORK OF CB CONSTRUCTION
COMPANY AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY THE CLERK ADMINISTRATOR
RECOMMENDATION:
Adopt resolution accepting work of CB Construction Company and authorizing the Town
Manager to execute Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
This project repaired and replaced damaged curbs, gutters, and sidewalks throughout Town. The
location for repairs and replacement work were identified throughout the past year by Parks and
Public Works Department staff. In conjunction with the replacement of damaged concrete, tree
roots were also pruned to minimize further damage to new curb, gutter, and sidewalks.
DISCUSSION:
On September 4, 2007, The Town Council awarded the contract for this work to CB Construction
Company for this project. The contracted work has been completed by C. B. Construction
Company and is accepted by the Parks and Public Works Department.
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
NAENGINEERING\COUNCIL REPORTS\07-05TY2007-08.curb. gutter.sw repair&replace.cert.doc
Reviewed by: Assistant Town Manager Town Attorney _ ~Clerk Administrator __i Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO 07-05 - FY 2007-08 - CURB GUTTER AND SIDEWALK
REPAIR AND REPLACEMENT PROJECT (411-813-9921)
FEBRUARY 5, 2008
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 and workmanship.
The execution and recordation of the Certificate of Acceptance is now required to finalize the
Town's acceptance of the project. Staff recommends that the Certificate of Acceptance and
Notice of Completion be executed and recorded.
CONCLUSION:
Staff recommends that Council approve the Certificate of Acceptance and Notice of Completion
for recording by the Clerk Administrator.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301 c). A Notice
of Exemption will not be filed.
FISCAL IMPACT:
The original contract approved by Council was for $105,800, with a contingency budget of
$15,000, for a total project budget of $120,800. This project was completed for $119,693.73,
within the authorized budget.
FY 2007/08
FY 2007-08
Fiscal Year Actual
FY 2007-08 Funding/
Curb, Gutter and Sidewalk
Adjusted
Expended/Encumbered
Available Notes
Budget
Or Planned To Date
Balance
FY 2007/08 Adopted Budget
$ 200,000
$ 134,694
$ 65,306 GFAR
Total Curb, Gutter and Sidewalk
CB Construction
FY 2007/08
119,694
Precision Concrete 15,000
Total Curb, Gutter and Sidewalk $ 200,000 $ 134,694 $ 65,306
Attachments*
Resolution accepting work of CB Construction Company (with Exhibit A) Certificate of
Acceptance and Notice of Completion.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF CB CONSTRUCTION COMPANY
FOR PPW JOB NO. 07-05
CURB, GUTTER, AND SIDEWALK REPAIR AND REPLACEMENT PROJECT
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on September 4, 2007, the Town Council awarded a contract for the Curb,
Gutter, and Sidewalk Repair and Replacement Project - PPW Job No. 07-05 to CB Construction
Company as the lowest responsible bidder; and
WHEREAS, CB Construction Company substantially completed the project in
conformance with the Town's bid process and pursuant to Council approval; and
WHEREAS, ten percent of the performance bond provided by CB Construction
Company shall remain in place for two years until February 19, 2010 to guarantee the work; and
WHEREAS, the work on PPW Job No. 07-05 - Curb, Gutter, and Sidewalk Repair and
Replacement Project is hereby accepted as complete pursuant to the plans and specifications for
the project.
NOW THEREFORE BE IT RESOLVED, that the Town Manager is authorized and
directed to execute the Certificate of Acceptance and Notice of Completion attached as (Exhibit
A) hereto.
BE IT FURTHER RESOLVED, that the Clerk Administrator 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 19th day of February, 2008 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RECORDING REQUESTED BY:
TOWN OF LOS GATOS
PLEASE RECORD AND RETURN TO:
Clerk Administrator
P.O. Box 949
Los Gatos, CA 95031
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 07-05 - CURB, GUTTER, AND SIDEWALK REPAIR AND
REPLACEMENT PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that CB Construction Company substantially completed the work on
January 24, 2008, called for in the agreement with the Town of Los Gatos dated September 11,
2007. 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. 07-05 - Curb, Gutter, and Sidewalk Repair and Replacement
project located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and
was completed, approved and accepted February 19, 2008.
The Surety accompanying the contract/agreement is the AMCO Insurance Company.
Bond No.: 7900666043
Date: August 14, 2007
TOWN OF LOS GATOS
By:
Interim Director of Parks and Public Works
By:
Town Manager
Acknowledgement Required
EXHIBIh A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 07-05
Curb, Gutter, and Sidewalk Repair and Replacement Project
I, GREG LARSON, 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 , 2008 at Los Gatos, California.
GREG LARSON, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Interim Director of Parks and Public Works
APPROVED AS TO FORM:
Town Attorney
Date:
Date:
Notary Jurat Required
ACKNOWLEDGEMENT
State of California
County of Santa Clara
On before me, JACKIE ROSE, NOTARY
PUBLIC, personally appeared KEVIN ROHANI and GREG LARSON, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the within instrument the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal:
Notary Public
(seal)
OPTIONAL
CAPACITY CLAIMED BY SIGNER:
Municipal Officers of the Town of Los Gatos
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Certificate of Acceptance and Notice of Completion
PPW Job No. 07-05 - Curb, Gutter, and Sidewalk Repair and Replacement
Project
No. of Pages
Date of Document:
Signer(s) Other than Named Above: Orry Korb
J U RAT
State of California
County of Santa Clara
Subscribed and sworn to (or affirmed) before me, Jackie Rose, Notary
Public, on this day of , 2008
by personally
known to me or proved to me on the basis of satisfactory evidence to be
the person(s) who appeared before me.
Notary Public (SEAL)
OPTIONAL
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Affidavit to Accompany Certificate of Acceptance and Notice
of Completion - PPW Job No. 07-05 - Curb, Gutter, and Sidewalk Repair and
Replacement Project
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Kevin Rohani and Orry Korb