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2007-033 - Accepting Work Of Duran And Venables, Inc. For Ppw Job No. 05 -09 College Avenue Walkway Repair And Resurfacing Project 410 -0601 And Authorizing The Town Manager To Execute Certificate Of Acceptance And Notice Of Completion For Recording By ClRESOLUTION 2007 -033 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DURAN AND VENABLES, INC. FOR PPW JOB NO. 05 -09 COLLEGE AVENUE WALKWAY REPAIR AND RESURFACING PROJECT 410 -0601 AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY CLERK ADMINISTRATOR WHEREAS, on January 16, 2007, the Town Council awarded a contract for the College Avenue Walkway Repair and Resurfacing Project to Duran and Venables, Inc., as the lowest responsible bidder; and WHEREAS, Duran and Venables, Inc. 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 Duran and Venables, Inc. shall remain in place for two years until April 2, 2009 to guarantee the work; and WHEREAS, the work on PPW Job No. 05 -09 — College Avenue Walkway Repair and Resurfacing 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 2nd day of April, 2007 by the following vote. COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe Pirzynski NAYS: None ABSENT: ABSTAIN: SIGNED: d OS *C AIFORNIA OR OF WN OF LOS GATOS GATO, ATTEST: CLEk 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. 05-09 — COLLEGE AVENUE WALKWAY REPAIR AND RESURFACING TO WHOM IT MAY CONCERN: We do hereby certify that Duran and Venables, Inc. substantially completed the work on February 27, 2007, called for in the agreement with the Town of Los Gatos dated January 29, 2007. The work is outlined in the Town's informal 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. 05 -09 — College Avenue Walkway Repair and Resurfacing project located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted April 2, 2007. The Surety accompanying the contract /agreement is the Travelers Casualty and Surety Company of America. Bond No.: 104775435 Date: January 23, 2007 TOWN OF LOS GATOS By: Interim Director of Parks and Public Works M. Town Manager EXHIBIT A 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 2007 at Los Gatos, California. DEBRA J. FIGONE, TOWN MANAGER Town of Los Gatos RECOMMENDED BY: Interim Director of Parks and Public Works APPROVED AS TO FORM: Date: Date: Town Attorney - 1 { TOWN OF LOS GATOS, CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Santa Clara On before me, JACKIE ROSE, 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 /she executed the same in his /her authorized capacity, and that by his /her 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 PPW Job No. 05 -09 — College Avenue Walkway Repair and Resurfacing Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None