14 Staff Report - Project 03-52 FY 2003-04
'::i DATE: TO: FROM: COUNCIL AGENDA REPORT ,MAY 14,2004 DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 6/7/04 ITEM NO. ) SUBJECT: PROJECT 03-52 -FY
2003-04 STREET REPAIR AND RESURFACING RESOLUTION ACCEPTING WORK OF 'O'GRADY PAVING, INC. AND AUTHORIZING THETOWNMANAGERTO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY TOWN CLERK RECOMMENDATION: Adopt resolution accepting work of O'Grady Paving, Inc. and authorizing the Town Manager to execute Certificate ofAcceptance and Notice of Completion
for recording by Town Clerk. BACKGROUND: On June 16, 2003, the Town Council adopted a Resolution approving plans and specifications for FY 2003-04 Street Repair and Resurfacing Program
and authorizing staff to advertise for bids. On July 23, 2003, the Town Manager, during an official legislative recess, awarded the contract for this work to �
�as theT6West respoiisibIebidaef: ' On May 3, 2004, the project was substantially completed. The execution and recordation of the Certificate ofAcceptance is now required to finalize
the Town's acceptance ofthe project. DISCUSSION: The project funded the continuation ofthe Town's annual Street Repair and Resurfacing Program. In Fiscal Year 2001102 the Town Council
acknowledged the importance ofimproving the condition ofTown streets and approved amulti year street improvement program to achieve this objective. ,J' The adopted CapitalImprovementProgram
designates funding for the Street Repair andResurfacing Program and is consistent with the Town's goals to improve public safety and the quality ofTown streets. {. PREPARED BY: E.
CURTIS irector ofParks and Works Reviewed by: £63 Assistant Town Manager --f:Jt-Aftomey __Clerk Community Development Revised: 5/14/04 9:11 am Refonnatted:
5/30/02 N:\B&E\COUNCIL REPORTS\03-52.cert.of.accept.o'grady.wpd
PAGE 2 SUBJECT: PROJECT 03-52 -FY 2003-04 STREET REPAIR AND RESURFACING MAY 14, 2004 The contracted work has been completed by O'Grady Paving, Inc.
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 project is statutorily exempt pursuant to Sectibns15301 (a), 15301(f), and 15303(e) of the State CEQA Guidelines. . FISCAL IMPACT: The original contract approved by Council
was for $1,411,444.80 with a contingency budget of $300,000. The project was completed for $1,678,001.72 which is under the total project approved budget. Project contingency funds were
used to cover unforseen issues that arose during the course of construction or changes that that were made to the project due to actual field conditions. These included changes to the
type of treatment necessary given the condition of particular roads and additions of curb and gutter required for replacement. .�
� ----. I Bu et i OrPlannedToDate! -Balanct"1 IFY2002/03 AdontedBudget400-0217 !$ .. 8,421,100! $. . [$ 1,837,913; �
�0:021w7'" 0"0'.'0 .ow o w840,200·-;' · ····.w·.w · ..C··_·_··· .'. ,'0"'1 iFY2002/03 Adopted Budget 400-0106 . r 556,982 498,9071 $ 5S,075 I ITotal
I$ 9,818,282! $ 7,922,294 [ $ 1,895,988 j !' , . 1,784,446 '$ 111,542
; 003/04 00.:03 __ww ... __.,_:."..: ....1 FY2003/04
NewAllocation 480-0352 533,499 : 514,328 i 19,171 ITotal Street Repair & Resurfacing 400/480-0352 1$ 2,577,887: $ 2,298,774 1$ 279,113 I Attachments: Resolution accepting work of0'Grady
Paving, Inc. (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 O'GRADY PAVING, INC. FORPROJECT 03-52 -FY 2003-2004 STREET REPAIR AND RESURFACING AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK WHEREAS, on June 16,2003, the Town Council adopted a Resolution approving plans
and specifications for FY2003-04 Street Repair and Resurfacing Program and authorizing staffto advertise for bids. WHEREAS, on July 23,2003, the Town Manager awarded the contract for
this work to O'Grady Paving, Inc., as the lowest responsible bidder; and WHEREAS, during legislative recess from July 1, 2003 to August 4,2003 and pursuant to authority granted by the
Town Council, the Town Manager authorized staffto issue change orders to the construction contract up to an amount of $300,000. WHEREAS, 0'GradyPaving, Inc. substantiallycompleted the
project in conformance with the plans and specifications pursuant to Council approval; and WHEREAS, WHEREAS, ten percent ofthe performance bond provided by O'Grady Paving, Inc. shall
remain in place for two years until June 7,2006, to guarantee the work; and WHEREAS, the work on Project 03-52 -FY 2003-04 -Street Repair and Resurfacing 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 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.
PASSED AND ADOPTED at areglliarmeeting ofthe Town Council of the Town ofLos 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 03-52 -FY2003-04 -STREET REPAIR AND RESURFACING TO
WHOM IT MAY CONCERN: We do hereby certify that O'Grady Paving, Inc. substantiallycompleted the work on May3, 2004 called for in the agreement with the Town ofLos Gatos dated August 7,
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 ofthe FY2003-04 -Street Repair and Resurfacing located in the TOWN OF LOS GATOS, County ofSanta Clara, State of California and was completed, approved and accepted June 7,2004.
The Surety on the bond accompanying the contract/agreement is the Travelers Casualty and Surety Company. Bond No.: 103452029 Date: July 30, 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 infonnation or belief, and as to those matters I believe it to be true. . I declare under penalty ofpeljury
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 ofLos Gatos RECOMMENDED :BY: Date:
Director ofParks and Public Works APPROVED AS TO FORM: Date: Town Attorney
I TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGMENT 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 ofthe
Town ofLos Gatos Los Gatos, California CAPACITY CLAIMED BY SIGNER: Municipal Officer of the Town ofLos Gatos DESCRIPTION OF ATTACHED DOCUMENT: Title of Document: Certificate of Acceptance
and Notice of Completion Project 03-52 -FY 2003-04 Street Repair and Resurfacing Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None
(