08 Staff Report - Los Gatos Creek Trail Bridge and Deck Replacementt°w" 0 MEETING DATE: 6/19/06
ITEM NO.
°Gh COUNCIL AGENDA REPORT
DATE: JUNE 7, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: LOS GATOS CREEK TRAIL BRIDGE DECK REPAIR PROJECT
ADOPT RESOLUTION ACCEPTING WORK OF ANDERSON PACIFIC
ENGINEERING CONSTRUCTION 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 and authorizing the
Town Manager to execute Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
This project repaired the wooden deck of the Los Gatos Creek Trail bridge and elevated pathway
located between Miles Avenue and the Highway 17 pedestrian overcrossing, directly behind the Old
Town Center. The deck had become badly worn due to normal aging, weather, and poor drainage
of the deck, compounded with the very high use of this trail section by bicyclists and pedestrians.
DISCUSSION:
On April 3, 2006, the Town Council awarded the contract for this work to Anderson Pacific
Engineering Construction as the lowest responsible bidder. On June 6, 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.
The contracted work has been completed by Anderson Pacific Engineering Construction, 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.
5
PREPARED BY: fHN E. CUR TIS
or of Parks and Public Works
Reviewed by: LJ~Assistant Town Manager - `L-Town Attorney Clerk Administrator
~~inance Community Development Revised: 6/8/06 10:17 am
Reformatted: 5/30/02 N:AB&E\COUNCIL REPORTS\05-06.cert.LG.creek.trail.bridge.deck.wpd
PAGE. 2
MAYOR AND TOWN COUNCIL
SUBJECT: LOS GATOS CREEK TRAIL BRIDGE DECK REPAIR PROJECT
JUNE 7, 2006
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:
This project's funding has two sources of grant funds: $55,000 in Proposition 12 State Parks Bond
funding and $10,000 in TDA Article-3 grant funding. The project was constructed for $53,500, with
$187 in staff expenditures and $658 in materials, for a total of $54,345. The remaining project
balance of $655 in Proposition 12 grant funds will be allocated to the undesignated State Bonds fund
account for designation to a parks improvement project at a later date, and the unused $10,000 TDA
Article-3 grant balance will be allocated to the College Avenue Pathway Project, as recommended
in the FY 2006-07 CIP budget. The following chart details the project budget:
Los Gatos Creek Trail Deck Repair Project
Revised Project
Award
Remaining
FY 2005/06 Fiscal Impact
Funding
Contract
Balance
410-0602: Proposition 12 grant
55,000
54,345
655
410-0602: TDA Article-3 grant
10,000
-
10.000
TOTALS
65,000
54,345
10,655
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor 187
Materials 658
Engineering Design -
Construction Management -
Construction 53,500
Construction Contingency -
TOTALS 54,345
Attac,hmantc
Resolution accepting work of Anderson Pacific Engineering Construction (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
FOR PROJECT 05-06 - LOS GATOS CREEK TRAIL BRIDGE DECK REPLACEMENT
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on April 3, 2006, the Town Manager awarded the contract for this work to
Anderson Pacific Engineering Construction, as the lowest responsible bidder; and
WHEREAS, on April 3, 2006 the Town Council authorized staff to issue change orders to
the construction contract up to an amount of $5,000.
WHEREAS, Anderson Pacific Engineering Construction 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 Anderson Pacific Engineering
Construction shall remain in place for two years until June 19, 2008 to guarantee the work; and
WHEREAS, the work on Project 05-06 - Los Gatos Creek Trail Bridge Deck 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 19th day of June, 2006 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
RECORDING REQUESTED BY:
TOWN OF LOS GATOS
PLEASE RECORD AND RETURN TO:
Clerk Administrator
P.O. Box 949
Los Gatos, CA 95031
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PROJECT 05-06 - LOS GATOS CREEK TRAIL BRIDGE DECK
TO WHOM IT MAY CONCERN:
We do hereby certify that Anderson Pacific Engineering Construction substantially completed the
work on June 6, 2006 called for in the agreement with the Town of Los Gatos dated April 28, 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 Project 05-06 - Los Gatos Creek Trail Bridge Deck located in the TOWN OF LOS
GATOS, County of Santa Clara, State of California and was completed, approved and accepted June
19, 2006.
The Surety accompanying the contract/agreement is the Safeco Insurance Company of America.
Bond No.: 6411680
Date: April, 7, 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
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Certificate of Acceptance and Notice of Completion
Project 05-06 - Los Gatos Creek Trail Bridge Deck
Number of Pages: 2
Date of Document:
Signer(s) Other than Named Above: None