CR 12-20-04 09
.' "I" DATE: COUNCIL AGENDA REPORT NOVEMBER 30, 2004 MEETING DATE: 12/20/04 ITEMNO.;I 9 TO: FROM: SUBJECT: DEBRA J. FIGONE, TOWN MANAGER PROJECT
04-17 -FY 2004-05 CURB, GUTTER, AND SInEWALK REPAIR AND REPLACEMENT RESOLUTIONACCEPTINGWORKOF C. B. CONSTRUCTIONCOMPANY, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE
AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR ) : RECOMMENDATION: Adopt resolution accepting work ofC. B. Construction Companyand authorizing the TownManager to execute
Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. BACKGROUND: This proj ect designated funding for the annual repair and replacement ofdeficient
curbs, gutters, and sidewalks throughout Town. Location for repairs and replacement work were identified throughout the yearbyParks and Public Works Department staff. The primary cause
ofdamage to curbs, gutters, and sidewalks is tree root growth. The Town has manymature trees that were planted years ago, and despite their beauty, have outgrown the small planter areas
which they are located in and their roots have grown under sidewalks, and in some cases, under the roadway causing uplifts and extensive . damage. DISCUSSION: On November 1, 2004, the
Town Council awarded the contract for this work to C. B. Construction Company as the lowest responsible bidder. On December 1, 2004, the proj ect was substantially completed. The execution
and recordation of the Certificate of to finalize the Town's acceptance of the project. PREPARED BY: O!OHNE. CURTIS Director ofParks and Public Works
by: Town Manager =-m=-T-ow-n-A-t-to-m-eY---C-le-rk-A-d-m-i-rn-' s-tr-at-o-r __Community Development Revised: 12/2/04 9:51 am
Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\04-17.cert.ofaccept.curb.gutter.sidewalk.wpd
PAGE 2 SUBJECT: PROJECT 04-17 -FY 2004-05 CURB, GUTTER, AND SIDEWALK REPAIR AND REPLACEMENT NOVEMBER 30, 2004 The contracted work has been completed
by C. B. 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: This is a project as defined under CEQAbut is Categorically Exempt (Section 15301(c). ANotice of Exemption will not be filed. FISCAL IMPACT: The
original contract approved by Council was for $46,875.00, with a contingencybudget of$5,000. The proj ect was completed for $51,870.23. 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. This project is funded in Project 400-0349, per the approved
FY 2004/05 Capital Improvement Program as demonstrated below: ) FY2003/04 FY2003-04 i Fiscal Year Actual FY2004-05 I 80,650 I Available Balance I 251,276 I iTotal Curb, Gutter and Sidewalk
400-0349 I $ 326,276 I $ 245,626 I $ , j I I I FY2004/05 I I IFY2004/05 Carry Forward I 251,276 ! 193,751 IFY2004/05 NewAllocation 75,000 C'nntract 46,875 IContingency ,
5,000 !Total Curb, Gutter and Sidewalk 400-0349 I I I ICurb, Gutter and Sidewalk 400-0349 Adjusted !ExPendediEncum re j r1�
�-Fl=Or Planned To Date I Attachments: Resolution accepting work of
C. B. Construction Company (with Exhibit A) Certificate of Acceptance and Notice of Completion.
1,_) RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK. OF C. B. CONSTRUCTION COMPANY FOR PROJECT 04-17 -FY 2004-05 CURB, GUTTER, AND SIDEWALK REPAIR
AND REPLACEMENT AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY CLERK. ADMINISTRATOR WHEREAS, on November 1, 2004, the
Town Manager awarded the contract for this work to C. B. Construction Company, as the lowest responsible bidder; and WHEREAS, onNovember 1, 2004 the TownCouncil authorized staffto issue
change orders to the construction contract up to an amount of$5,000. WHEREAS, C. B. Construction Company substantially completed the project In conformance with the Town's informal bid
process and pursuant to Council approval; and WHEREAS, ten percent ofthe performance bond providedbyC. B. Construction Company shall remain in place for two years until December 20,
2006 to guarantee the work; and WHEREAS, the work on Project 04-17 -FY 2004-05 Curb, Gutter, and Sidewalk Repair and Replacement 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 FURTHER RESOLVED, that the Clerk Administrator 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 ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
PLEASE RECORD AND RETURN TO: Clerk Administrator P.O. Box 949 Los Gatos, CA 95031 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PROJECT 04-17 -FY 2004-05 CURB, GUTTER, AND SIDEWALK
REPAIR AND REPLACEMENT TO WHOM IT MAY CONCERN: We do hereby certify that C. B. Construction Company substantially completed the work on December 1,2004 called for in the agreement with
the Town of Los Gatos dated, November 6, 2004. The work is outlined in the Town's informal bid process prepared by the Town ofLos Gatos and generally consisted offurnishing all labor,
materials, tools, equipment, and services.required for completion of the FY 2004-05 Curb, Gutter, and Sidewalk Repair and Replacement located in the TOWN OF LOS GATOS, County ofSanta
Clara, State ofCalifornia and was completed, approved and accepted December 20, 2004. The Surety on the bond accompanying the contract/agreement is the Nationwide Mutual Insurance Company.
Bond No.: 383410 Date: November 15, 2004 TOWN OF LOS GATOS By: _ Director ofParks and Public Works By: _ Town Manager Exhi bit 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 ofLos 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, MARLYN RASMUSSEN, Clerk Administrator, personally appeared DEBRA J. FIGONE Town
Manager, personally mown to me to be the person whose name is subscribed to the within instrument and acmowledged 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. Clerk Administrator
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 ofAcceptance
and Notice of Completion Project 04-17 -FY 2004-05 Curb, Gutter, and Sidewalk Repair and Replacement Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None