06 Staff Report - La Rinconada Park Trail Repairr$ N 0 MEETING DATE: 12/19/05
x . <<F ITEM NO.
~~s GAZES COUNCIL AGENDA REPORT
DATE: DECEMBER 8, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: PROJECT 04-61 - LA RINCONADA PARK TRAIL REPAIR
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.
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 Clerk Administrator.
BACKGROUND:
On April 4, 2005, the Town Council approved the plans and specifications for the La Rinconada
Park Trail Repair and authorized staff to advertise the project for bids.
The Town applied and was approved for $35,000 in grant funding from the Metropolitan
Transportation Commission (MTC) for the repairs of this trail behind La Rinconada Park that was
damaged a few years ago due to winter storms. This amount was supplemented by a $10,000 source
of funding from the Town's General Fund Appropriated Reserve, (GFAR) fund. The repairs
included removal and clearing of debris, reinforcing the slope with rock rip rap, and providing a
gravel shoulder for the trail.
On June 6, 2005, the Council awarded a construction contract for this work to Joseph J. Albanese,
Inc., as the lowest responsible bidder. On November 19, 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.
(k~
PREPARED BY: HN E. CURTIS
4irlector of Parks and Public Works
Reviewed by: J )1 Assistant Town Manager Attorney Clerk Administrator
Finance V Community Development Revised: 12/8/05 1:38 pm
Reformatted: 5/30/02 NAl3&E\C0UNCIL REPORTS\04-61cert.Larinconada park trail repair.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT 04-61 - LA RINCONADA PARK TRAIL REPAIR
DECEMBER 8, 2005
DISCUSSION:
The contracted work has been completed by Joseph J. Albanese, Inc. and is accepted by the Parks
and Public Works Department. Ten percent (10%) of the faithful performance bond will remain in
effect for aperiod of two years to guarantee anyneededrepair 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(c). A Notice
of Exemption will not be filed.
FISCAL IMPACT:
The original construction contract approved by the Town Manager was for $40,363, with a
contingency budget of $3,000, bringing the total authorized budget for this project to $43,363. The
construction contract portion was completed for $34,910. With staffing and advertising expenditures
of $1,361, the total project cost was $36,271. The remaining project fund balance of $8,729 will
revert to GFAR Fund Balance at the end of the year.
La Rinconada Trail Reconstruction Project
Expended/
Budget
Encumbered
Remaining
2005/06 Fiscal Impact Funding
To Date
Balance
ject: 400-0561 10,000
1,271
8,729
ject: 410-0561 35,000
35,000
-
TAIS 45,000
36,271
8,729
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
1,003
Materials
358
Engineering Design
Construction Contract
34,910
Contingency
-
TOTALS
36,271
Attachments:
Resolution accepting work of Joseph 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 04-61 - LA RINCONADA PARK TRAIL REPAIR
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, on April 4, 2005 the Town Council approved plans and specifications for
Project 04-61 - La Rinconada Park Trail Repair.
WHEREAS, on June 6, 2005, the Town Council awarded the contract for this work to
Joseph J. Albanese, 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 $3,000.
WHEREAS, Joseph J. Albanese, Inc. substantially completed the project in conformance
with the plans and specifications pursuant to Council approval; and
WHEREAS, tenpercent of the performance bond provided by Joseph J. Albanese, Inc. shall
remain in place for two years until December 19, 2007, to guarantee the work; and
WHEREAS, the work on Proj ect 04-61- La Rinconada Park Trail Rep air 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 04-61 - LA RINCONADA PARK TRAIL REPAIR
TO WHOM IT MAY CONCERN:
We do hereby certify that Joseph J. Albanese, Inc. substantially completed the work on November
19, 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 La Rinconada Park Trail
Repair located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was
completed, approved and accepted December 19, 2005.
The Surety on the bond accompanying the contract/agreement is the
Bond No.: 104509351
Date: June 25, 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
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
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 04-61 - La Rinconada Park Trail Repair
Number of Pages: 2
Date of Document:
Signer(s) Other than Named Above: None