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06 Staff Report - 2004-05 Street Repair and Resurfacing°w" 0 MEETING DATE: 12/5/05 ITEM NO. `os °GACOUNCIL AGENDA REPORT DATE: NOVEMBER 30, 2005 TO: MAYOR AND TOWN COUNCIL ' FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: PROJECT 04-16 - FY 2004-05 STREET REPAIR AND RESURFACING A.` ADOPT RESOLUTION ACCEPTING WORK OF WESTERN STATES SURFACING, INC. AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR. B. AUTHORIZE INCREASE IN CONTRACT AMOUNT FROM $1,012,262 TO $1,102,147. C. AUTHORIZE BUDGET REVENUE ADJUSTMENT OF $102,360 TO PROJECT 400-0352 ($82,297 FROM COST-SHARING REIMBURSEMENT AND REMAINING BALANCE OF $20,063 TRANSFER FROM GFAR UNAPPROPRIATED FUND BALANCE). D. AUTHORIZE BUDGET ADJUSTMENT TO INCREASE APPROPRIATIONS IN THE AMOUNT OF $102,360 TO PROJECT 400-0352. RECOMMENDATION: 1 Adopt resolution accepting work of Western States Surfacing, Inc. and authorizing the Town Manager to execute Certificate of Acceptance and Notice of Completion for recording by Clerk Administrator. 2. Authorize increase in contract amount from $1,012,262 to $1,102,147. 3. Authorize budget revenue adjustment of $102,360 to project 400-0352 ($82,297 from cost- sharing reimbursement and remaining balance of $20,063 transfer from GFAR unappropriated fund balance). 4. Authorize budget adjustment to increase appropriations in the amount of $102,3 60 to proj ect 400-0352. BACKGROUND: On May 6, 2005, the Town Council approved the plans and specifications for the FY 04-05 Street Repair and Resurfacing Project and authorized staff to advertise the project for bids. Z . 6PREPARED BY: OHN E. CURTIS irector of Parks and Public Works Reviewed by: Assistant Town Manager Attorney Clerk Administrator Finance Community Development Revised: 11/30/05 9:41 am Reformatted: 5/30/02 NAD&E\COUNCIL REPORTS\04-16-04-05.street.repair.resurfacing.western.states.surfacing.cert.wpd PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PROJECT 04-16 - FY 04-05 STREET REPAIR AND RESURFACING NOVEMBER 30, 2005 The project resurfaced over seven miles of streets in Los Gatos. Also, as part of ongoing collaboration with neighboring agencies, the Town also resurfaced approximately a half mile of street in Monte Sereno, as part of the Town's project. Combining the street projects was an efficient approach to service delivery and lower costs. The City of Monte Sereno agreed to pay Los Gatos for the cost of the work on their streets based on final contract unit prices, including an additional administrative fee for the Town's processing and managing of the project. On July 1, 2005, during the legislative recess of the Council, the Town Manager awarded a construction contract for this work to Western States Surfacing, Inc., as the lowest responsible bidder. On October 28, 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. DISCUSSION: The contracted work has been completed by Western States Surfacing, 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. An opportunity to resurface additional streets under this contract amount was available this past summer. After the award of the contract, oil prices increased substantially yet the Town had very low bid prices secured for this slurry and chip seal. Five (5) streets, or 195,551 square feet, were added to this project due to the locked-in asphalt bid and additional road work requests from businesses along Los Gatos Boulevard. The Town worked with several private property owners along Los Gatos Boulevard for striping and paving the road, either due to road improvement requests or as a condition of approval of their development project, of which cost sharing was obtained. Three (3) private property owners agreed to pay the Town their portion of the cost, helping to offset the cost of this project. The total cost sharing for this project is as follows: • City of Monte Sereno (resurfacing Monte Sereno streets) $ 47,567.10 • Ohloff Medical Building (striping Los Gatos Boulevard) 11,627.00 • Boulevard Surgical Associates (resurface Los Gatos Boulevard) 11,122.67 • Terreno De Flores Project (striping Los Gatos Boulevard) 11,980.00 Total Cost Sharing $ 82,296.77 The combination of cost-sharing and low asphalt pricing enabled the Town to improve a total of seven (7) miles of roadway, or 2,150,142 square feet of roadway. These roadway improvements bring the Towns' PCI (pavement condition index) up to 75% as of November 25, 2005. PAGE 3 MAYOR AND TOWN COUNCIL, SUBJECT: PROJECT 04-16 - FY 04-05 STREET REPAIR AND RESURFACING NOVEMBER 30, 2005 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: Funding for this project draws upon a combination of Gas Tax and GFAR funds. The original construction contract approved by the Town Manager was for $922,262, with a $90,000 contingency, bringing the total authorized budget for this project to $1,012,262. The project was completed by the contractor for $1,102,147. With an adj ustment to account 400-03 52 reflecting increase in revenues in the amount of $82,297 and to expenditures in the amount of $102,360, the revised budget is as follows: FY 2004/05 Street Repair and Resurfacing I Engineering Project # 04-16 (0352) Expenditures Available Expended/ Budget Encumbered FY 2005/06 Fiscal Impact Funding To Date Project 400-0352 276,083 276,083 Project 480-0352 810,231 810,231 TOTALS 1,086,314 1,086,314 TOTAL EXPENDITURES BY CATEGORY: Staff Labor Materials 47,167 Equipment (grinder & roller) 7,165 (Western States) 1,102,147 (Other contracts) 32,195 1,188,674 ect Additional Revised Remaining Budget Budget Budget Requested If Approved if Approved 102,360 378,443 - - 810,231 - 102,360 1,188,674 - FY 2004/05 Street Repair and Resurfacing Project Engineering Project #04-16 (0352) Revenues Available Increased Budget Budget FY 2005/06 Fiscal Impact Funding for Authorization GFAR 400-0352 276,083 Gas Tax 480-0352 810,231 Cost Reimbursement Revenue 82,297 GFAR Fund Balance Transfer 20.063 TOTALS 14 Revised Budget If Approved 276,083 810,231 82,297 1 Attachments: Resolution accepting work of Western States Surfacing, 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 WESTERN STATES SURFACING, INC. FOR PROJECT 04-16 - FY 04-05 - STREET REPAIR AND RESURFACING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR WHEREAS, on May 6, 2005 the Town Council approved plans and specifications for Project 04-16 - FY 04-05 - Street Repair and Resurfacing. WHEREAS, on July 1, 2005, during the Council legislative recess, the Town Manager awarded the contract for this work to Western States Surfacing, Inc., as the lowest responsible bidder; and WHEREAS, the Town Manager authorized staff to issue change orders to the construction contract up to an amount of $90,000. WHEREAS, Western States Surfacing, 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 Western States Surfacing, Inc. shall remain in place for two years until December 5, 2007, to guarantee the work; and WHEREAS, the work on Project 04-16 - FY 04-05 Street Repair and Resurfacing 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: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 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 04-16 - FY 2004-05 - STREET REPAIR AND RESURFACING TO WHOM IT MAY CONCERN: We do hereby certify that Western States Surfacing, Inc. substantially completed the work on October 28, 2005 called for in the agreement with the Town of Los Gatos dated July 20, 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 Street Repair and Resurfacing Project located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted December 5, 2005. The Surety on the bond accompanying the contract/agreement is the Western Surety Company. Bond No.: 929374639 Date: July 28, 2005 TOWN OF LOS GATOS By: Director of Parks and Public Works By: Town Manager Exhibit 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 of my own knowledge, except as to the matters which are therein alleged oil 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: Date: John E. Curtis Director of Parks and Public Works APPROVED AS TO FORM: Date: Town Attorney 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 04-16 - FY 2004-05 Street Repair and Resurfacing Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None s ,o