05 Staff Report - Project 02-10A Retaining Wall Replacement
DATE: TO: FROM: COUNCIL AGENDA REPORT FEBRUARY 19,2004 DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 3/1/04 ITEM NO. SUBJECT: PROJECT 02-1OA -RETAINING
WALL REPLACEMENT .RESOLUTION ACCEPTING WORK OF CASEY CONSTRUCTION COMPANY AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOtICE OF COMPLETION FOR RECORDING
BY TOWN CLERK PREPARED BY: RECOMMENDATION: Adopt resolution accepting work of Casey Construction Company and authorizing the Town Manager to execute Certificate of Acceptance and Notice
of Completion for recording by ToWn Clerk. BACKGROUND: On September 15,2003, the Town Council awarded the contract for this work to Casey Construction Company, as the lowest responsible
bidder. On January 6,2004 the project was substantially completed. The execution and recordation of the Certificate of Acceptance is now required to finalize the Town's acceptance of
the project. DISCUSSION: The project included the replacement of retaining walls located at Jackson Avenue and Reservoir Road. This work was part ofour effortsto replace failed retaining
walls along town roads. Last year retaining walls were replaced on Villa Avenue and Kimble Road. JOHNE. CURTIS &,.. Director of Parks and Public Works Reviewed by: '?s3" Assistant
Town Manager _- Community Development Revised: 2/19/04
11:38 am Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\02-1 OA.certificate. of.acceptance.casey.constr.co.wpd
PAGE 2 SUBJECT: PROJECT 02-10A -RETAINING WALL REPLACEMENT FEBRUARY 19,2004 The contracted work has been completed by Casey Construction Company
and is accepted by the Parks and Public Works Department. Ten percent ofthe 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. Staff recommends that the Certificate of Acceptance and Notice of Completion be executed and recorded. ENVIRONMENTAL ASSESSMENT:
The entire projectis statutorily exempt pursuant to Sections 15301 (a), 15301(0, and 15303(e) of the State CEQA Guidelines. FISCAL IMPACT: The original contract approved by Council was
for $224,511.00 with a contingency budget of $30,000. The project was completed for $252,250.73 which is under the total project approved budget. Sufficient funds were available in the
above account to fund this entire project. FY2002/03 Retaining Wall Replir & Repacemmts 400-0406 FY2002/03 Total Retaining Wall Replir & Repacements 400-0406 FY2002-o3
Fiscal Year Actual FY2003-o4 Adjusted ExpeD<Ed'ThcuniJered AVclilalie Or PlannedTo Date Balance $ 509,130 $ 297,157 $ 211,973 FY2003/04 FY2003/04 Carry Fornard FY2003/04
NewAllocation Total Retaining Wall Replir & Repacements 400-0406 $ Attachments: 211,973 85,00:> 296,973 $ 253,850 253,850 $ 43,123 Resolution accepting work, of Casey 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 CASEY CONSTRUCTION COMPANY FOR PROJECT 02-1OA -RETAINING WALL REPLACEMENT AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK WHEREAS, on September 15, 2003, the Town Manager awarded the contract for the proposed
work to Casey Construction Company; and WHEREAS, on September 15, 2003, The Town Council authorized staff to issue change orders to the construction contract up to an amount of $30,000.
WHEREAS, Casey Construction Company substantially completed the project ill conformance with the plans and specifications pursuant to Council approval; and WHEREAS, ten percent ofthe
performance"bondprovidedby Casey Construction Company shall remain in place for two years until March 1,2006, to guarantee the work; and ......--WHEREAS, the work on Proj ect 02-1OA
-Retaining Wall Replacement is hereby accepted as complete pursuant to the plans and specifications for the project. NOW THEREFORE BE IT RESOLYED, that the Town Manager· is authorized
and directed to execute the Certificate ofAcceptance and Notice ofCompletion attached as (Exhibit A) hereto. BE IT FURTHERRESOLVED, that the Town Clerk is directed to transmit this Certificate
of Acceptance and Notice of Completion to the Recorder of Santa Clara County for recording. ATTACHMENT
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 2004 by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT:
ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
PLEASE RECORD AND RETURN TO: Town Clerk P.O. Box 949 Los Gatos, CA 95031 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PROJECT 02-10A-RETAINING WALL REPLACEMENT TO WHOM IT MAY CONCERN:
We do hereby certify that Casey Construction Company substantially completed the work on January 6,2004 called for in the agreement with the Town of Los Gatos dated October 10,2003.
The work is listed in the specifications prepared by the Town ofLos Gatos and generally consisted of furnishing all labor, materials, tools, equipment, and services required for completion
of the Retaining Wall Replacement located in the TOWN OF LOS GATOS, County ofSanta Clara, State of California and was completed, approved and accepted March 1,2004. The Surety on the
bond accompanying the contract/agreement is the Contractors Bonding and Insurance Company. Bond No.: BA8734 Date: September 25,2003 TOWN OF LOS GATOS By: _ Director ofParks and Public
Works By: _ 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
ofmy 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 ofperjury that
the foregoing is true and correct and that this declaration was executed on 2004 at Los Gatos, California. DEBRA J. FIGONE, TOWN MANAGER Town of Los Gatos RECOMMENDED BY: Date: Director
of Parks and Public Works APPROVED AS TO FORM: Date: Town Attorney
·_--------------------_.. _--------_. __ ... ------_._-..._---------... _-----_...... ---------.. ----State of California County of Santa Clara On before me, MARIAN V. COSGROVE, Town
Clerk, 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. . Town Clerk of the Town ofLos 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 02-10A -Retaining Wall Replacement Number of Pages: 2 Date of Document: Signer(s) Other
than Named Above: None
(