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02 Staff Report - PPW Job No. 06-22tow N 0 MEETING DATE: 10/2/06 ITEM NO: loS..GA~os COUNCIL AGENDA REPORT OOQM DATE: SEPTEMBER 19, 2006 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: PPW JOB NO. 06-22 - CIVIC CENTER BUILDING LEAK REPAIRS AND WATERPROOFING - PROJECT 400-0703 A. ADOPT RESOLUTION ACCEPTING WORK OF TAURUS ROOF SERVICES, INC., DBA WATERPROOFING ASSOCIATES AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE, CLERK ADMINISTRATOR B. AUTHORIZE BUDGET ADJUSTMENT IN THE AMOUNT OF $3,732 TO INCREASE BUDGET FOR PROJECT 400-0703 TO $113,732 C. AUTHORIZE BUDGET TRANSFER OF $3,732 FROM BUILDING MAINTENANCE FUND TO PROJECT 400-0703 RECOMMENDATION: 1. Adopt resolution accepting work of Taurus Roof Services, Inc., DBA Waterproofing Associates and authorizing the Town Manager to execute Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. 2. Authorize budget adjustment of $3,732 to increase budget for Project 400-0703 to $113,732 3. Authorize budget transfer of $3,732 from Building Maintenance Fund Balance to Project 400-0703 BACKGROUND: The project involved the removal of a four inch concrete surface layer in the affected areas of the Civic Center; outside the north entrance to the Public Library, the upper deck area east of the Town Hall, and the deck at the southeast corner of the Town Hall. This project also involved demolition, removal, and replacement of the waterproof membrane, additional flashing, concrete replacement, and enlarging four deck drain surfaces adjacent to the plaza level fountain to facilitate unimpaired deck drainage. PREPARED BY: JOHN E. CURTIS r~ Director of Parks and Public Works N:AME\COUNCIL REPORTS\06-22.building.leak.repairs.waterproofing.taurus.cert.doc Reviewed by: ;-Assistant Town Manager Town Attorney Clerk Administrator. Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 06-22 - CIVIC CENTER BUILDING LEAK REPAIRS AND WATERPROOFING - PROJECT 400-0703 SEPTEMBER 19, 2006 DISCUSSION: On July 1, 2006, during legislative recess of the Council, the Town Manager awarded the contract for this work to Taurus Roof Services, Inc., DBA Waterproofing Associates, in the amount of $108,980, as the lowest responsible bidder. The FY 2006-07 CIP project budget was approved for $110,000. During the course of the demolition component of the project, unforeseen concrete thickness was discovered requiring additional work outside of the original scope of work, resulting in an additional expense to the project in the amount of $4,752 over the contract. As the budget was approved for S 110,000 and the final cost amounted to $113,732, which exceeds the CIP budget, staff recommends increasing the project budget to $113,732 and transferring $3,732 from the Building Maintenance Fund to the Civic Center Building Leak Repairs Project 400-0703. The contracted work has been completed by Taurus Roof Services, Inc., DBA Waterproofing Associates 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. The execution and recordation of the Certificate of Acceptance is now required to finalize the Town's acceptance of the project. Staff recommends that the Certificate of Acceptance and Notice of Completion be executed and recorded. CONCLUSION: Staff recommends that Council approve the Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. ENVIRONMENTAL ASSESSMENT: This project Categorically Exempt (Section 15301(c) and (d) of the State CEQA Guidelines. FISCAL IMPACT: This project was approved in the FY 2006-07 Capital Improvement Program as an Infrastructure and Facilities Improvement Project 0703 with a budget of $110,000. The final cost of this project is $113,732. A transfer of $3,732 from the Building Maintenance Fund to Project (400-0703) will provide necessary funding as shown below: PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 06-22 - CIVIC CENTER BUILDING LEAK REPAIRS AND WATERPROOFING - PROJECT 400-0703 SEPTEMBER 19, 2006 CIVIC CENTER LEAK REPAIRS Remaining Approved Amount of Revised Revised Budget FY 2006/07 Fiscal Impact Budget Transfer Budget Project Cost If Approvei Project: 400-0703 110,000 110.000 110,000 - Transfer in from Fund 695 - 3,732 3,732 3,732 TOTALS 110,000 3,732 113,732 113,732 - TOTAL EXPENDITURES BY CATEGORY: Staff Labor Engineering Design Construction -Contract 108,980 Additional Work - 4.752 TOTAL - 113,732 Attachments: Resolution accepting work of Taurus Roof Services, Inc., DBA Waterproofing Associates (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 TAURUS ROOF SERVICES, INC., DBA WATERPROOFING ASSOCIATES FOR PPW JOB NO. 06-22 - CIVIC CENTER BUILDING LEAK REPAIRS AND WATERPROOFING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY CLERK ADMINISTRATOR WHEREAS, on July 1, 2006, during legislative recess of the Town Council, the Town Manager awarded the contract for this work to Taurus Roof Services, Inc., DBA Waterproofing Associates, as the lowest responsible bidder; and WHEREAS, Taurus Roof Services, Inc., DBA Waterproofing Associates 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 Therma Corporation shall remain in place for two years until October 2, 2008 to guarantee the work; and WHEREAS, the work on PPW Job No. 06-22 - Civic Center Building Leak Repairs and Waterproofing 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 2nd day of October, 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 PPW JOB NO. 06-22-CIVIC CENTER BUILDING LEAK REPAIRS AND WATERPROOFING TO WHOM IT MAY CONCERN: We do hereby certify that Taurus Roof Services, DBA Waterproofing Associates substantially completed the work on August 27, 006, called for in the agreement with the Town of Los Gatos dated July 10, 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 PPW Job No. 06-22 - Civic Center Building Leak Repairs and Waterproofing located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted October 2, 2006. The Surety accompanying the contract/agreement is the International Fidelity Insurance Company. Bond No.: 0430396 Date: July 11, 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: Town Attorney Date: Date: TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGEMENT 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/she executed the same in his/her authorized capacity, and that by his/her 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 PPW Job No. 06-22 - Civic Center Building Leak Repairs and Waterproofing Number of Pages: 2 Date of Document: Signer(s) Other than Named Above: None I - -