08 Staff Report - Loma Alta Curb, Gutter, and Sidewalk Construction
DATE: TO: FROM: COUNCIL AGENDA REPORT AUGUST 3, 2004 DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 8/16/04 ITEM NO. SUBJECT: PROJECT 04-40 -LOMA
ALTA CURB, GUTTER AND 'SIDEWALK CONSTRUCTION RESOLUTIONACCEPTINGWORKOF C. B. CONSTRUCTIONCOMPANY AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY TOWN CLERK ,/........ \I /. RECOMMENDATION: Adopt resolution accepting work ofe. B. Construction Companyand authorizing theTownManager to execute Certificate ofAcceptance
and Notice of Completion for recording by Town Clerk. BACKGROUND: Staff prepared plans and specifications for these improvements and used the informal bidding . process (since the project
was under $75,000) to solicit bids from three contractors. On June 7, 2004, the Town Council awarded the contract for this work to e. B. Construction Company, as the lowest responsible
bidder. On July 26,2004, 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 adopted Capital Improvement Program designated funding for the Lorna Alta Curb, Gutter, and· Sidewalk Construction Project. PREPARED BY: J HNE.
CURTIS irector of Parks and Public Works Reviewed by: Town Manager rJ?Attomey __Clerk it: Finance . Cornmumty Development Revised: 8/3704 11:28 am j Reformatted:
5/30/02 N:\B&E\COUNCIL REPORTS\04-40.cert.loma.alta.c&g.construction.wpd
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PROJECT 04-40 -LOMA ALTA CURB, GUTTER, AND SIDEWALK CONSTRUCTION AUGUST 3, 2004 This project was funded by contributions from Eastfield Ming Quong
and a private development project (construction ofcurb, gutter, and sidewalk has been a condition ofapproval for this project) in this area, and was consistent with the Town's goals
to improve public safety in neighborhoods, The construction of new Curb, Gutter, and Sidewalk Project along Lorna Alta Avenue provided continuous sidewalks to Johnson Avenue and' Spreckles
Avenue. The contracted work has been completed by C. B. Construction Company 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 the Certificate of Acceptance
and Notice of Completion be executed and recorded. ENVIRONMENTAL ASSESSMENT: This project is 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 $29,450.00 with a contingency budget of$5,000. The project was completed for $29,450.00 which is under
the total project approved budget. FY2003/04 Adopted Budget i $ 321,261 :, $ 185,192 iI $ 136,069 i -----·')yi003/04 . I �
� :49_,.__.. ..
I Budget i Or Planned To Date, Balance . iTotal Curb, Gutter and Sidewalk 400-0349 : ............j. FY2004/05 .t .
... ............L...-'FY2004/05 New Allocation Total Curb, Gutter and Sidewalk 400-0349 : $ . ... 75,000 i 211,069 : $ I ......................................·1 ........
.. I. Ii 144,656 I $ .... '! 66,413 Attachments: Resolution accepting work of C. B. 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 C. B. CONSTRUCTION CO:MPANY FOR PROJECT 04-40 -LOMA ALTA CURB, GUTTER, AND SIDEWALK CONSTRUCTION
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK WHEREAS, staff prepared plans and specifications for these
improvements and used the informal bidding process to solicit bids from three contractors. WHEREAS, on June 7,2004, the Town Council awarded the contract for this work to C. B. Construction
Company, as the lowest responsible bidder; and WHEREAS, Town Council authorized staff to issue change orders to the construction contract up to an amount of $5,000. WHEREAS, C. B. Construction
Company substantially completed the project ill conformance with the plans and specifications pursuant to Council approval; and , ) WHEREAS, ten percent ofthe performance bond providedby
C. B. Construction Company shall remain in place for two years until August 16, 2006, to guarantee the work; and WHEREAS, the work on Project 04-40 -Lorna Alta Curb, Gutter, and Sidewalk
'c Construction 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. BEIT 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 a regular meeting 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 04-40 -LOMA ALTA CURB, GUTTER, AND SIDEWALK CONSTRUCTION
TO WHOM IT MAY CONCERN: We do hereby certify that C. B. Construction Company substantially completed the work on July 26, 2004 called for in the agreement with the Town ofLos Gatos dated
June 18, 2004. The work is listed in the specifications prepared by the Town ofLos Gatos and generally consisted offurnishing all labor, materials, tools, equipment, and services required
for completion ofthe Lorna Alta Curb, Gutter, and Sidewalk Construction Project located in theTOWN OF LOS GATOS, County ofSanta . ::,-) Clara, State of California and was completed,
approved and accepted August16, 2004. The Surety on the bond accompanying the contract/agreement is the Nationwide Mutual fuSuT8.nCe Company. . Bond No.: 383056 Date: June 18, 2004 TOWN
OF LOS GATOS By: _ Director ofParks and Public Works By: _ 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
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 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 ofthe Town ofLos Gatos DESCRIPTION OF ATTACHED DOCUMENT: Title of Document: Certificate of Acceptance
and Notice of Completion Project 04-40 -Lorna Alta Curb, Gutter, and Sidewalk Construction Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None
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