07 Staff Report - Project 05-05to"N 0 MEETING DATE: 6/5/06
ITEM NO.
x '
~~S GpZOS COUNCIL AGENDA REPORT
DATE: MAY 10, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAG,ERU
SUBJECT: PROJECT 05-02 - FY 2005-06 CURB GUTTER AND SIDEWALK REPAIR
AND REPLACEMENT
RESOLUTION ACCEPTING WORK OF JJR 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 JJR Construction, Inc. and authorizing the Town Manager to
execute Certificate of Acceptance and Notice of Completion for recording by the Clerk
Administrator.
BACKGROUND:
This project designated funding for the annual repair and replacement of deficient curbs, gutters, and
sidewalks throughout Town. Location for repairs and replacement work were identified throughout
the year by Parks and Public Works Department staff. The primary cause of damage to curbs, gutters,
and sidewalks is tree root growth. The Town has many mature 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 February 6, 2006, the Town Council awarded the contract for this work to JJR Construction, Inc.
as the lowest responsible bidder.
On April 26, 2006, 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.
Ctw~i
PREPARED BY: firector N E. CURTIS
of Parks and Public Works
Reviewed by: L` _Assistant Town Manager Town Attorney Clerk Administrator
91 Finance Community Development Revised: 5/10/06 11:35 am
Reformatted: 5/30/02 NAME\COUNCIL REPORTS\05-02.cert. of.accept. curb. gutter. side walk.jjr.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT 05-02 - FY 2005-06 CURB GUTTER AND SIDEWALK REPAIR AND
REPLACEMENT
MAY 10, 2006
The contracted work has been completed by JJR Construction, Inc., and is accepted by the Parks and
Public Works Department. Ten percent 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 is a project as defined under CEQA but is Categorically Exempt (Section 15301(c). A Notice
of Exemption will not be filed.
FISCAL IMPACT:
Ttie original contract approved by Council was for $42,900, with a contingency budget of $8,000,
for a total project budget of $50,900. This project was completed for $50,000, within the authorized
budget. This project is funded in Project 400-0349, per the approved FY 2005/06 Capital
Improvement Program. Additional expenditures to this account include sidewalk repairs (grinding
and repairing sections of sidewalk by Precision Concrete) which result in an account balance of
$57,072, as demonstrated below:
CURB GUTTER AND SIDEWALK REPAIR PROJECT
Expended/
Budget
Encumbered
Budget
FY 2005/06 Fiscal Impact Funding
To Date
Balance
Project: 400-0349 151,998
94,926
57,072
TOTALS 151,998
94,926
57,072
TOTAL EXPENDITURES BY CATEGORY:
Construction-JJR
50,000
Construction-Precision Concrete
44,926
Contingency
-
TOTALS
94,926
Attachments:
Resolution accepting work of JJR 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 JJR CONSTRUCTION, INC.
FOR PROJECT 05-02 - FY 2005-06 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 February 6, 2006, the Town Manager awarded the contract for this work to
JJR Construction, Inc., as the lowest responsible bidder; and
WHEREAS, on February 6, 2006 the Town Council authorized staff to issue change orders
to the construction contract up to an amount of $8,000.
WHEREAS, JJR Construction, Inc. substantially completed the project in conformance with
the Town's informal bid process and pursuant to Council approval; and
WHEREAS, ten percent of the performance bond provided by JJR Construction, Inc. shall
remain in place for two years until June 5, 2008 to guarantee the work; and
WHEREAS, the work on Project 05-02 - FY 2005-06 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 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 5th day of June, 2006 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 05-02 - FY 2005-06 CURB, GUTTER, AND SIDEWALK REPAIR AND
REPLACEMENT
TO WHOM IT MAY CONCERN:
We do hereby certify that JJR Construction, Inc. substantially completed the work on , April 26,
2006 called for in the agreement with the Town of Los Gatos dated, February 23, 2006. The work
is outlined in the Town's informal bid process prepared by the Town of Los Gatos and generally
consisted of furnishing all labor, materials, tools, equipment, and services required for completion
of the FY 2005-06 Curb, Gutter, and Sidewalk Repair and Replacement located in the TOWN OF
LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted
June 5, 2006.
The Surety on the bond accompanying the contract/agreement is the Great American Insurance
Company.
Bond No.: 2692501
Date: February 13, 2006
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 2006 at Los Gatos, California.
DEBRA J. FIGONE, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
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
1
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Certificate of Acceptance and Notice of Completion
Project 05-02 - FY 2005-06 Curb, Gutter, and Sidewalk Repair and
Replacement
Number of Pages: 2
64
Date of Document:
Signer(s) Other than Named Above: None
77
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