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2008-131-Accepting Work For Casey Construction Company For PPW Job No .07-10 Fiscal Year 2008-09RESOLUTION 2008-131 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF CASEY CONSTRUCTION COMPANY FOR PPW J013 NO. 07-10 -FISCAL YEAR 2008-09 RETAINING WALL REPLACEMENT PROJECT AT UNIVERSITY AVENUE AND WOODED VIEW DRIVE AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCF, AND NOTICE OF COMPLETION FOR RECORDING BY CLERK ADMINISTRATOR WHEREAS, on September 15, 2008, the Town Council awarded a contract for PPW Job No. 07- 10 -Retaining Wall Replacement Project at University Avenue and Wooded View Drive Project to Casey Construction Company as the lowest responsible bidder; and WHEREAS, Casey Construction Company substantially completed the project in conformance with the Town's bid process and pursuant to Council approval; and WI-IEREAS, ten percent of the performance bond provided by Casey Construction Company shall remain in place for two years until December 1, 2010 to guarantee the work; and WHEREAS, the work on PPW Job No. 07-10 -Retaining Wall Replacement Project at University Avenue and Wooded View Drive is hereby accepted as complete pursuant to the plans and specifications for the project. NOW THEREFORE 13E 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 I'C 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 AllOPTED at a regular meeting of the Town Council held on December 1, 2008, by the following vote: AYES: Steve Glickman, Diane McNutt, Joe Pirzynslci, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: .ABSTAIN: SIGNED: ~~`~~~ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLE C OF THE TOWN OF LOS GATOS L S GATOS, CALIFORNIA RECORDING REQUESTED BY: TOWN OF LOS GATOS PLEASE RECORD AND RETURN TO: Clerk Admizustrator P.O. Box 949 Los Gatos, CA 95031 _CER'7'IFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION 1'PVIW .YOB NO. 07-X0 - RETAINING WALL REPLACEMENT PROJECT AT UNIVERSITY AVENUE ANA WOODED VIE•VV' DRIVE TO WfIOM IT MAY CONCERN: We do hereby certify that Casey Consij•uction Coml.~any substantially cmnpleted the work on November 4, 2008, called for in the agreement with the 'frown of Los Gatos dated September 29, 2008. The work is outlined in the Town's, bid process prepared by the Town of Los Gatos and generally consisted of li~rnishing all labor, materials, tools, equipment, and services required for completion of the PPW Job No. 07-10 -Retaining Wall Replacement Project at University Avenue and Wooded View Drive located in the TOWN OF LOS GATOS, County of Satlta Clara, .State o:f California axed was completed, approved and accepted December 1, 2008. The Surety accompanying the contract/agreement is the International Fidelity Insurance Company. Bond No.: 0469006 Date:9/22108 By: By; Aelaiowledgement Required. TOWN OF LOS GATOS Director of Parlcs and Public Works Town Manager EXHIBIT A AFFIDAVIT To Accompany Certificate of Acceptance and Notice of Completion PPW Job No. U7-10 Retaining Wall Replacement Pz•oject at Uzziverrsity Avenue and Wooded Vievv Dz~ive I, GREG CARSON, the Town Manager of the Town of Los Gatos, have read the foregoing CERTII~ICA.TE OI1' ACCEPTANCE AND NOTICE OF COMPLETION and know the contents thereof, 'l he same is true o~~ zny own knowledge, except as to the matters which axe therein alleged on infoxzxzation or belief, and as to those matters I believe it to Ue trzze, I declare under pezzalty of perjury that the foregoing is true and correct and that this declaration was executed on , 2008 at 1,os C7atos, Califortva, GREG CARSON, TOWN M~A.N.AGER Town of Los Gatos REGOMMENnED BY: Director of Parlcs and Public Works Date: APPROVED AS 1'O FORM: Tovn~ Attorney Date: Notary Jurat Required ACKNOWLEDGEMENT State of California County of Santa Clara On before me, JACKIE ROSE, NOTARY Pi713LIC, personally appeared TODD CAPURSO and GREG CARSON, personally known to me (or proved to me on the basis of satisfactory evidence} to be the persons whose names axe subscribed to tl~e within instrument and aclrnowledged to me that they executed the same in their authorized capacities, and that by their signatures on the witlmi instrument the entity upon behalf of which the person acted, executed the instrument, 'WI.TNl+1SS my hand and official seal: NUt~ll'y PLI.bIlC (seal) ___.._-----------..~________-- -OPTIONAL~~-_----__..----------------- CAPACITY CLAIMED I3Y SIGNI<;R: Municipal Officers of file 'Town of L,os Gatos DESC;RYI'TION OI+' A'I'7'ACII +D DOCUMENT: Title of Document: Certificate of l-acceptance and Notice of Completion. PPW Tob No. 07-I O -Retaining Wall Replacement Project at University Avenue and Wooded View Drive No. of Pages: 1 Datc of Document: Signer(s) Oilier than Named Above: Orgy Korb JURAT State of Caiifornia 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 ~sEn~~ ------------------..-.....,..OPTIONAL -._---------------------- DESCRIPTION OF ATTACHED DOCUMENT: Title of Document: Affidavit to Accompany Certificate of Acceptance and Notice of Completion - PPW Job No. 07-10 -- Retaining Wall Replacement Project at University Avenue and Wooded view Drive, Number of Pages: 1 Date of Document; Signers Other than Named Above: Tadd Capursa and Orry Korb