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2005-107 - Accepting Work Of Joseph J. Albanese, Inc. For Project 0416a - Base Repairs And Patching For Fy 04 -05 Cape Seal Project And Authorizing The Town Manager To Execute Certificate Of Acceptance And Notice Of Completion For Recording By The Clerk ARESOLUTION 2005 -107 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF JOSEPH J. ALBANESE, INC. FOR PROJECT 0416A - BASE REPAIRS AND PATCHING FOR FY 04 -05 CAPE SEAL PROJECT AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR WHEREAS, staff prepared plans and specifications for these improvements and used the informal bidding process to solicit bids from three contractors. WHEREAS, during legislative recess from July 1, 2005 to August 1, 2005 and pursuant to authority granted by the Town Council, the Town Manager awarded the contract for this work to Joseph J. Albanese, Inc., as the lowest responsible bidder; and WHEREAS, during this legislative recess, the Town Manager authorized staff to issue change orders to the construction contract up to an amount of $5,000.00. WHEREAS, Joseph J. Albanese, Inc. substantially completed the project in conformance with the plans and specifications pursuant to Council approval; and WHEREAS, ten percent of the performance bond provided by Joseph J. Albanese, Inc. shall remain in place for two years until October 3, 2007, to guarantee the work,; and WHEREAS, the work on Project 04 -16A - Base Repairs and Patching for FY 04 -05 Cape Seal Project is hereby accepted as complete pursuant to the plans and specifications for the proj ect. 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 3rd day of October, 2005 by the following vote. COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Mike Wasserman. NAYS: None ABSENT: None ABSTAIN: None SIGNED: A lt MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA PLEASE RECORD AND RETURN TO: Clerk Administrator P.O. Box 949 Los Gatos, CA 95031 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PROJECT 04 -16A - BASE REPAIRS AND PATCHING FOR FY 04 -05 CAPE SEAL PROJECT TO WHOM IT MAY CONCERN: We do hereby certify that Joseph J. Albanese, Inc. substantially completed the work on August 19, 2005 called for in the agreement with the Town of Los Gatos dated July, 2005. 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 Base Repairs and Patching for FY 04 -05 Cape Seal Project located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted October 3, 2005. The Surety on the bond accompanying the contract /agreement is the Travels Casualty and Insurance Company of America. Bond No.: 104509358 Date: July 12, 1005 TOWN OF LOS GATOS Director of Parks and Public Works Town Manager I, DEBRA J. FIGONE, 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 2005 at Los Gatos, California. DEBRA J. FIGONE, TOWN MANAGER Town of Los Gatos RECOMMENDED BY: John E. Curtis Director of Parks and Public Works APPROVED AS TO FORM: Date: Date: Town Attorney TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGMENT State of California County of Santa Clara On before me, MARLYN RASMUSSEN, Clerk Administrator, personally appeared DEBRA J. FIGONE, Town Manager, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the within instrument the entity upon behalf of which the person acted, The Town of Los Gatos, executed the instrument. WITNESS my hand and official seal. Clerk Administrator of the Town of Los Gatos Los Gatos, California CAPACITY CLAIMED BY SIGNER: Municipal Officer of the Town of Los Gatos DESCRIPTION OF ATTACHED DOCUMENT: Title of Document: Certificate of Acceptance and Notice of Completion Project 04 -16A - Base Repairs and Patching for Cape Seal Project Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None