13 Staff Report - Parking Garage Repair and Rehabilitation
DATE: TO: FROM: COUNCIL AGENDA REPORT JULY 13, 2004 DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 8/2/04 ITEM NO. ;1 SUBJECT: �
� RESOLUTION ACCEPTING WORK OF RAINBOW WATERPROOFING, INC. AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE
AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK RECOMMENDATION: Adoptresolution acceptingwork ofRainbowWaterproofing, Inc. and authorizing the TownManager to execute Certificate
ofAcceptance and Notice of Completion for recording by Town Clerk. BACKGROUND: On February 2, 2004, the Town approved plans and specifications for the Parking Garage Repairs
and Rehabilitation Project arid authorized staff to advertise the project for bids. On February 25, 2004, the Town Council awarded the contract for this work to Rainbow Waterproofing,
Inc., as the lowest responsible bidder. On June 18,2004, the project was substantially completed. The execution and recordation of the Certificate of Acceptance is now to
finalize the Town's acceptance of the project. DISCUSSION: This project funded miscellaneous to Parking Garage No.4 to repair deterioration to the concrete
joints to prevent water infiltrhtion deeper into the structure which would necessitate more expensive repairs. This deterioration of the joints may have been the result of a number of
combined influences: age of the structure, weather, construction methods and their inspection, as well as the potential for design issues that may not have been part of the standards
of that time. Reviewed by: Town Manager Clerk Community Development Revised: 7/14/04 11: 17 am The adopted Capital Improvement
Program designates funding for the Parking Garage Repair and Rehabilitation Project and s'stent with the Town's goals to improve public safety. PREPARED BY: J HN E. CURTIS
I irector ofParks and Public Works I III Refonnatted: 5/30102 N:\B&E\COUNCIL REPORTS\04-09A.cert.of.accept.rainbow.wpd
PAGE 2 SUBJECT: PROJECT 04-09A -PARKING GARAGE REPAIR AND JULy 13,2004 The contracted work has been completed by Rainbow
Waterproofing, me. and is accepted by the Parks and Public Works Department. Ten percent of the 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 Certificate of Acceptance and Notice of Completion be executed and recorded.
ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA but is Categorically Exempt (Section 15301@). A Notice of Exemption will not be filed. FISCAL IMPACT: The original contract
approved by Council was for $120,727.65 with a contingency budget of $20,000. The project was completed for $139,130.65 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 were made to the project due to actual field conditions. I FY2002103 I FY2002-03
I Fiscal Year Actual i FY2003-04 I !Parking Management Plan 400-0409 I Adjusted nded/Encumbered! Available i I Budget Or Planned To Date I Balance IFY2002103 AdoptedBudget i $ -I $ ITotal
Parking Management Plan 400-0409 I I I FY2003/04 I !FY2003/04 NewAllocation ! lTotal Parking Management Plan 400-0409 I $ Attachments: 200,000 I 200,000 i $ 150,286 I 150,286 ! $ 49,714
I Resolution accepting work of Rainbow Waterproofing, me. (with Exhibit A) Certificate of Acceptance and Notice of Completion.
RESOLUTION 2004 -98 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF RAINBOW WATERPROOFING, INC. FOR PROJECT 04-09A -PARKING GARAGE REPAIR AND REHABILITATION
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK WHEREAS, on February 2, 2004, the Town Council approved plans
and specifications for the Parking Garage No.4 Repairs and Rehabilitation Project and authorized staff to advertise the project for bids, and WHEREAS, on March 15, 2004, the Town Council
awarded the contract for this work to Rainbow Waterproofing, Inc., as the lowest responsible bidder; and WHEREAS, Town Council authorized staff to issue change orders to the construction
contract up to an amount of $20,000. WHEREAS, Rainbow Waterproofing, 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 Rainbow Waterproofing, Inc. shall remain in place for two years until August 2, 2006, to guarantee the work; and WHEREAS,
the work on Project 04-09A -Parking Garage No.4 Repairs and Rehabilitation 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 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 a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of August, 2004 by the following vote. COUNCIL MEMBERS: AYES: NAYS:
ABSENT: ABSTAIN: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman. None None None ATTEST: SIGNED: /s/Steve Glickman MAYOR OF THE TOWN OF LOS GATOS LOS
GATOS, CALIFORNIA /s/Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
I II PLEASE RECORD AND RETURN TO: Town Clerk P.O. Box 949 Los Gatos, CA 95031 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PROJECT 04-09A -PARKING GARAGE REPAIR AND REHABILITATION
TO WHOM IT MAY CONCERN: We do hereby certify that Rainbow WaterprooImg, Inc. substantially completed the work on June 18,2004 called for in the agreement with the Town ofLos Gatos dated
April 9, 2004. The work is listed in the specifications prepared bythe Town ofLos Gatos and generally consisted offurnishing all labor, materials, tools, equipment, and services required
for completion of the Parking Garage No.4 Repairs and Rehabilitation Project located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved
and accepted August 2, 2004. The Surety on the bond accompanying the contract!agreement is the Insurance Companyofthe West. Bond No.: 2085267 Date: March 24, 2004 TOWN OF LOS GATOS By:
_ Director of Parks and Public Works By: _ Town Manager Exh.ihit A
JI! II 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 ofpeIjury
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 ofParks and Public Works APPROVED AS TO FORM: Date: Town Attorney
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 lmown to me to be the person whose name is subscribed to the within instrument and aclmowledged 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 04-09A -Parking Garage No.4 Repairs and Rehabilitation Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None