CR 12-20-04 10
DATE: TO: FROM: COUNCIL AGENDA REPORT NOVEMBER 29, 2004 DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 12/20/04 ITEM NO.\ 10 SUBJECT: PROJECT 04-36
-SAFE ROUTES TO SCHOOL SIDEWALK PROJECT RESOLUTIONACCEPTINGWORKOF JOSEPH J. ALBANESE, INC., AND AUTHORIZING THETOWNMANAGERTO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR RECOMMENDATION: Adopt resolution accepting work of Joseph J. Albanese, Inc. and authorizing the Town Manager to execute Certificate of Acceptance
and Notice of Completion for recording by the Clerk Administrator. BACKGROUND: The Safe Routes to Schools (SR2S) Grant was establishedbythe State Legislature to protect children ontheirwayto
school. This proj ect installed sidewalks onWinchester Boulevard, Roberts Road, and Los Gatos Boulevard. DISCUSSION: On June 7,2004, the Town Council adopted a Resolution approving plans
and specifications for Safe Routes to School Sidewalk Project and authorizing staff to advertise for bids. On July 21,2004, the Town Manager, during an official legislative recess, awarded
the contract for this work to Joseph J. Albanese, Inc., as the lowest responsible bidder. OnNovember 19 2004, the proj ect was substantially completed. The execution and recordation
of the Certificate of Acceptance is now required to finalize the Town's acceptance of the project. PREPARED BY: J iCor of Parks and Public Works Reviewed by: 'PS\ Assistant
Town Manager Town Attomey __Clerk Administrator &L-Finance Community Development Revised: 11/29/04 10:40 am Refonnatted: 5/30/02 N:\B&E\COUNCIL REPORTS\04-36.cert.of.accept.SR2S.albanese.wpd
PAGE 2 SUBJECT: PROJECT 04-36 -SAFE ROUTES TO SCHOOL SIDEWALK PROJECT NOVEMBER 29, 2004 The contracted work has been completed by Joseph J. Albanese,
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 Sections 15301 (a), 15301(f), and 15303(e) of the State CEQA Guidelines. FISCAL IMPACT: The original contract approved
by Council was for $203,852.25, with a contingency budget of $40,000, making the overall project budget $243,852.25. The project was completed for $235,778.73, which is under the total
proj ect approved budget. Project contingency funds were used to cover unforseen issues that arose during the course ofconstruction or changes that were made to the project due to actual
field conditions. These included changes to the type oftreatment necessary given the condition of particular roads and additions of curb and gutter required for replacement. There are
funds available in the FY 2004/05 Approved Capital Improvement Program budget for Project 4001410-0536, Safe Route to School-Sidewalk Construction as demonstrated below: FY2003/04 FY2003-04
Year Actual FY2004-05 I SR2S-School Sidewalk Construction Adjusted d/Encumbered Available I 400/410-0536 Budget Or Planned To Date I Balance I IFY2003/04 AdoptedBudget 1$ -1$ -$ -I II
I ITotal SR2S-School Sidewalk Construction I I j FY2004/05 ! .. --I IIFY2004/05 NewAllocation -GFAR 35,000 I IFY2004/05 NewAllocation -Grant 300,000 235,779 I ITotal SR2S-School Sidewalk
Construction 1$ 335,000 $ 235,779 $ 99,221 I Attachments: Resolution accepting work ofJoseph J. Albanese, 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 JOSEPH J. ALBANESE, INC. FOR PROJECT 04-36 -SAFE ROUTES TO SCHOOL SIDEWALK PROGRAM AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR WHEREAS, on June 7,2004, the Town Council adopted a Resolution
approving plans and specifications for Safe Routes to School Sidewalk Program and authorizing staff to advertise for bids. WHEREAS, on July 21,2004, the Town Manager awarded the contract
for this work to Joseph J. Albanese, Inc., as the lowest responsible bidder; and WHEREAS, during legislative recess from July 1, 2004 to August 2,2004 and pursuant to authority granted
by the Town Council, the Town Manager authorized staff to issue change orders to the construction contract up to an amount of $40,000. WHEREAS, Joseph J. Albanese, Inc. substantially
completed the project in conformance with the plans and specifications pursuant to Council approval; approval; and WHEREAS, ten percent oftheperformance bondprovidedby Joseph J. Albanese,
Inc. shall remain in place for two years until December 20, 2006 to guarantee the work; and WHEREAS, the work on Project 04-36 -Safe Routes to School Sidewalk Project is hereby accepted
as complete pursuant to the plans and specifications for the project. NOW THEREFORE BElT 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 RESOLYED, 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 ofthe Town of Los 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 04-36 -SAFE ROUTES TO SCHOOL SIDEWALK PROJECT
TO WHOM IT MAY CONCERN: We do hereby certify that Joseph J. Albanese, Inc. substantially completed the work on November 19,2004 called for in the agreement with the Town ofLos Gatos
dated, August 3,2004. The work is listed in the specifications prepared by the Town of Los Gatos and generally consisted of furnishing all labor, materials, tools, equipment, and services
required for completion of the Safe Routes to School Sidewalk Project located in the TOWN OF LOS GATOS, County ofSanta Clara, State of California and was completed, approved and accepted
December 20, 2004. The Surety on the bond accompanying the contract/agreement is the Travelers Casualty and Surety Company. BondNo.: 104316178 Date: July 29, 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 ofperjury that
the foregoing is true and correct and that this declaration was executed on 2004 atLos Gatos, California. DEBRA J. FIGONE, TOWN MANAGER Town of Los Gatos RECOMMENDED BY: Date: Director
of Parks 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 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 l" which the person acted, The Town of Los Gatos, executed the instrument. WITNESS my hand and official seal. Clerk
Administrator ofthe Town of Los Gatos Los Gatos, California CAPACITY CLAIMED BY SIGNER: Municipal Officer of the Town of Los Gatos DESCRIPTION OF ATTACHED DOCUMENT: Title of Document:
Certificate ofAcceptance and Notice of Completion Project 04-36 -Safe Routes to Schools Sidewalk Project Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None