04 Staff Report - FY 04-05 Retaining Wall Replacement°w" O MEETING DATE: 11/7/05
ITEM NO.
! S
os GAZA COUNCIL.AGENDA REPORT
DATE:
OCTOBER 19, 2005
TO:
MAYOR AND TOWN COUNCIL
FROM:
DEBRA J. FIGONE, TOWN MANAGER
SUBJECT:
PROJECT 04-26 - FY 04-05 RETAINING WALL REPLACEMENT
ADOPT RESOLUTION ACCEPTING WORK OF ANDERSON PACIFIC
ENGINEERING CONSTRUCTION, INC. 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 of Anderson Pacific Engineering Construction, Inc. and authorizing
the Town Manager to execute Certificate of Acceptance and Notice of Completion for recording by
Clerk Administrator.
BACKGROUND:
On May 2, 2005, the Town Council approved the plans and specifications for the FY 04-05
Retaining Wall Replacement Project and authorized staff to advertise the project for bids. This
proj ect repaired and reconstructed a failed retaining wall along Oak Hill Way near the intersection
of Grove Street, a failed roadway section next to the retaining wall, and drainage improvements on
this site.
On June 20, 2005, the Council awarded a construction contract for this work to Anderson Pacific
Engineering Construction, Inc., as the lowest responsible bidder.
On September 9, 2005; 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.
&VtY44
PREPARED BY: f-irector N E. CURTIS
of Parks and Public Works
Reviewed by: -Ri44_Assistant Town Manager r ' Attorney Clerk Administrator t h&
Y 11
Finance Community Development Revised: 10/19/05 9:35 am v
Reformatted: 5/30/02 N:\B&E\COUNCM REPORTS\04-26.cert.FY04-05.retaining.wall.replacement.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT 04-26 - FY 04-05 RETAE\BNG WALL REPLACEMENT
OCTOBER 19, 2005
DISCUSSION:
The contracted work has been completed by Anderson Pacific Engineering Construction, Inc. and
is accepted by the Parks and Public Works Department. Ten percent (10%) 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(c). A Notice of
Exemption will not be filed.
FISCAL IMPACT:
The original construction contract approved by the Town Manager was for $244,595, with a
contingency budget of $4,000, bringing the total authorized budget for this project to $248,595. The
project was completed for $248,595, the authorized amount budgeted.
RETAINING WALL REPAIR PROJECT
Expended/
Budget
Encumbered
Remaining
FY 2005/06 Fiscal Impact
Funding
To Date
Balance
Project: 400-0406
274,361
248,595
25,766
TOTALS
274,361
248,595
25,766
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
-
Materials
-
Engineering Design
-
Construction Management
-
Construction
244,595
Construction Contingency
4,000
TOTALS
248,595
Attachments:
Resolution accepting work of Anderson Pacific 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 ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC.
FOR PROJECT 04-26 - FY 04-05 - RETAINING WALL REPLACEMENT AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMII4ISTRATOR
WHEREAS, on May 2, 2005 the Town Council approved plans and specifications
for Project 04-26 - FY 04-05 - Retaining Wall Replacement.
WHEREAS, on June 20, 2005, the Town Council awarded the contract for this work to
Anderson Pacific Engineering 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 $4,000.
WHEREAS, Anderson Pacific Engineering Construction, 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 Anderson Pacific Engineering
Construction, Inc. shall remain in place for two years until November 7, 2007, to guarantee the work;
and
WHEREAS, the work on Project 04-26 - FY 04-05 Retaining Wall 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 of Acceptance and Notice of Completion 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 of the Town Council of the Town of Los
Gatos, California, held on the . day of , 2005 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 04-26 - FY 2004-05 RETAINING WALL REPLACEMENT
TO WHOM IT MAY CONCERN:
We do hereby certify that Anderson Pack Engineering Construction, Inc. substantially
completed the work on September 9, 2005 called for in the agreement with the Town of Los Gatos
dated July 7, 2005. 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 FY 2004-05 Retaining Wall Replacement Project located in the TOWN OF LOS
GATOS, County of Santa Clara, State of California and was completed, approved and accepted
November 7, 2005.
The Surety on the bond accompanying the contract/agreement is the Safeco Insurance Company of
America.
Bond No.: 6311337
Date: June 24, 2005
By:
By:
TOWN OF LOS GATOS
Director of Parks and Public Works
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 of my 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 of perjury that the foregoing is true and correct and that this declaration was
executed on 2005 at Los Gatos, California.
DEBRA J. FIGONE, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
John E. Curtis
Director of Parks and Public Works
APPROVED AS TO FORM:
Date:
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
which the person acted, The Town of Los Gatos, executed the instrument.
WITNESS my hand and official seal.
Clerk Administrator of the 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 of Acceptance and Notice of Completion
Project 04-26 - FY 2004-05 Retaining Wall Replacement
Number of Pages: 2
Date of Document:
a
Signer(s) Other than Named Above: None