02 Staff Report - Tree Pruning and Removal Projecttp'N N O,c
;o X05 COUNCIL AGENDA REPORT
DATE: .APRIL 23, 2008
TO: MAYOR AND TOWN COUNCIL
671
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 515108
ITEM NO: a
SUBJECT: PPW JOB NO. 08-09 TREE PRUNING AND REMOVAL PROJECT
ADOPT RESOLUTION ACCEPTING WORK OF TRUGREEN LANDCARE
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 Trugreen Landcare and authorizing the Town Manager to
execute Certificate of Acceptance and Notice of Completion for recording by the Clerk
Administrator.
BACKGROUND:
The Town of Los Gatos has an annual tree pruning and removal contract to supplement Town
tree crews in keeping the trees in the Town's public right-of-way trimmed and pruned. For fiscal
year 2007108, Trugreen Landcare pruned or removed approximately 149 trees in various sections
of the Town.
DISCUSSION:
On December 3, 2007, The Town Council awarded the contract for this project to Trugreen
Landcare. The contracted work has been completed by Trugreen Landcare and is accepted by the
Parks and Public Works 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 and workmanship.
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
N:\ENGINELRINGICOUNCIL RGPOR"fS%08-09.tree.pruning.and.removal.cert.doc
Reviewed by: Assistant Town Manager Town Attorney -a-/ Clerk Administrator X
inance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 08-09 - TREE PRUNING AND REMOVAL PROJECT
APRIL 23, 2008
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 not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Sufficient funds are available in the Fiscal Year 2007108 Parks Program operating budget in
Account 5301-62364. The original contract approved by Council was for $29,955, with a
contingency budget of $5,000, for a total project budget of $34,955. This project was completed
for $29,955, within the authorized budget.
Attachments:
Resolution accepting work of Trugreen Landeare (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 TRUGREEN LANDCARE
FOR PPW JOB NO. 08-09
TREE PRUNING AND REMOVAL PROJECT
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on December 3, 2007, the Town Council awarded a contract for PPW Job
No. 08-09 - Tree Pruning and Removal Project to Trugreen Landcare as the lowest responsible
bidder; and
WHEREAS, Trugreen Landcare 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 Trugreen Landcare shall
remain in place for two years until May 5, 2010 to guarantee the work; and
WHEREAS, the work on PPW Job No. 08-09 Tree Pruning and Removal 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 5th day of May, 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. 08-09 - TREE PRUNING AND REMOVAL PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that Trugreen Landeare substantially completed the work on
March 24, 2008, called for in the agreement with the Town of Los Gatos dated
December 3, 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. 08-09 - Tree Pruning and Removal Project located
in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed,
approved and accepted May 5, 2008.
The Surety accompanying the contract/agreement is the RLI Insurance Company.
Bond No.: CMS240814
Date: 12/7107
TOWN OF LOS GATOS
By:
Interim Director of Parks and Public Works
By:
Town Manager
Acknowledgement Required
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 08-09
Thee Pruning and Removal Project
1, 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
(sea!)
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. 08-09 - Tree Pruning and Removal Project
No. of Pages:
Date of Document:
Signer(s) Other than Named Above: Oiry Korb
JURAT
State of California
County of Santa Clara
Subscribed and sworn to (or affirmed) before me, Jackie Rose, Notary
Public, on this day of , 2QQ8
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. 08-09 - Tree Pruning and Removal Project
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Kevin Rohani and Orry Korb