10 Staff Report - FY 2003-04 Curb, Gutter, and Sidewalk Replacement
COUNCIL AGENDA REPORT MEETING DATE: 9/7/04 ITEM NO. ) 0 DATE: AUGUST 17,2004 TO: FROM: MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER SUBJECT: PROJECT 03-49 -FY 2003-04 CURB, GUTTER,
AND SIDEWALK REPLACEMENT ADOPT RESOLUTION ACCEPTING WORK OF JJR CONSTRUCTION, INC. AND AUTHORlZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY TOWN CLERK RECOMMENDATION: Adopt resolution accepting work of JJR Construction, Inc. and authorizing the Town Manager to execute Certificate ofAcceptance and Notice of Completion
for recording by Town Clerk. BACKGROUND: On March 24, 2004, sealed bids for the FY 2003-04 Curb, Gutter, Sidewalk Replacement Project were received by the Town Clerk. On AprilS, 2004,
the Town Council awarded the contract for this work to JJR Construction, Inc. as the lowest responsible bidder. On August 9, 2004, the project was substantially completed. The execution
and recordation ofthe Certificate of Acceptance is now required to finalize the Town's acceptance of the project. DISCUSSION: \.':.,\.'. Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\03-49.cert.JJR.c&g
.sw.replace.wpd Reviewed by: Town Manager __Clerk "$ ,Finance \ Commumty Development Revised: 8/17/04 10:07 ani This project funded the annual repair
and replacement of deficient curbs, gutters, and sidewalks throughout Town. Location for repairs and replacement work were identified throughout the year by Parks and Public Works Department
staff. The primary cause of damage to curbs, gutters, and sidewalks was tree root growth. . PREPARED BY: J HNE. CURTIS irector of Parks and Public Works . IIII
PAGE 2 SUBJECT: PROJECT 03-49 -FY 2003-04 CURB, GUTTER, AND SIDEWALK REPLACEMENT AUGUST 17,2004 Because oflimited Town Capital Improvement funds,
there has been discussions about instituting a Townwide policy of cost sharing for removal and replacement of concrete, curb, gutter, and sidewalks. A number ofmunicipalities already
have such policies in place, and they share the cost ofcurb, gutter, and sidewalk replacement with the property owners on a 50/50 basis. This concept will be discussed as part ofthe
proposed Capital Improvement Program for FY 2004-08. The contracted work has been completed by JJR Construction, Inc. and is acceptedbythe 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: This is a project as defined under CEQA but is Categorically
Exempt (Section 15301@). A Notice ofExemption will not be filed. FISCAL IMPACT: The original contract approved by Council was for $184,925.00. with a contingency budget of $80,000. The
project was completed for $212,369.50, which is under the total project approved budget. I FY2003/04 FY2003-04 l Fiscal Year Actual I FY2003-04 .ICurb, Gutter and Sidewalk 400-0349 Adjusted
lExpended/Encumbered) Available i Budget i Or Planned To Date I Balance IFY2003/04 Adopted Budget I $ !Total Curb, Gutter and Sidewalk 400-0349 I I FY2004/05 I IFY2004/05 NewAllocation
I ITotal Curb, Gutter and Sidewalk 400-0349 I $ Attachments: 321,261 I $ 251,276 i 326,276 I $ 69,985 I $ 172,101 I 172,101 I $ 251,276 I 154,175 ! Resolution accepting work ofJJR Construction,
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 JJR CONSTRUCTION, INC. FOR FY 2003-04 CURB, GUTTER, AND SIDEWALK REPLACEMENT AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. WHEREAS, On March 24, 2004, sealed bids for the FY 2003-04 Curb, Gutter, Sidewalk
Replacement Project were received by the Town Clerk. WHEREAS, on April 5, 2004, the Town Council awarded the contract for this work to JJR Construction, 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 $80,000. WHEREAS, JJR Construction, Inc. substantiallycompleted
the proj ect in conformancewith the plans and specifications pursuant to Council approval; and WHEREAS, ten percent ofthe performance bond provided by JJR Construction, Inc. shall remain
in place for two years until September 7, 2006, to guarantee the work; and WHEREAS, the work on on Project 03-49 -FY 2003-04 Curb, Gutter, and Sidewalk Replacement 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
ofAcceptance and Notice ofCompletion attached as (Exhibit A) hereto. BE IT FURTHERRESOLVED, that the Town Clerk is directed to transmit this Certificate ofAcceptance and Notice of Completion
to the Recorder of Santa Clara County for recording.
I! IIIi ---Ii 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 950,31 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PROJECT 03-49 -FY 2003-04 CURB, GUTTER, AND SIDEWALK REPLACEMENT
TO WHOM IT MAY CONCERN: We do hereby certify that JJR Construction, Inc. substantially completed the work on August 9, 2004, called for in the agreement with the Town of Los Gatos dated
April 28, 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 ofthe FY 2003-04 Curb, Gutter, and Sidewalk Replacement Project located in theTOWNOF LOS GATOS, County ofSanta Clara, State of California and was completed, approved and
accepted September 7, 2004. The Surety on the bond accompanying the contract/agreement is Great American Insurance Company. Bond No.: 014136 Date: January 2, 2003 TOWN OF LOS GATOS·
By: _ Director ofParks and Public Works By: _ Town Manager
l! 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 !mow the contents thereof. The same is
true ofmy own !mowledge, 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 ofLos Gatos RECOMMENDED BY: Date: Director
ofParks and Public Works APPROVED AS TO FORM: Date: Town Attorney
f·: . 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
of the 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 03-49 -FY 2003-04 Curb, Gutter, and Sidewalk Replacement Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None