02 Staff Report - PPW Job No. 06-07t0`NN OF MEETING DATE: 12/4/06
ITEM NO:
!pS ~A~pS COUNCIL AGENDA REPORT
DATE: NOVEMBER 14, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: PPW JOB NO. 06-07 - CURB, GUTTER, AND SIDEWALK REPLACEMENT
FOR FISCAL YEAR 2006-07 - PROJECT 0349
ADOPT RESOLUTION ACCEPTING WORK OF C. B. CONSTRUCTION
COMPANY, 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 C. B. Construction Company and authorizing the Town
Manager to execute Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
This project completed the annual repair and replacement of damaged curbs, gutters, and
sidewalks throughout Town. Locations for repair and replacement work are identified throughout
the year by Parks and Public Works Department staff and requests received from the public. The
primary cause of damage to the concrete curb, gutter, and sidewalks are tree roots near such
facilities. In conjunction with the replacement of damaged concrete, tree roots are also pruned to
minimize further damage to the new curb, gutter, and sidewalks.
DISCUSSION:
On September 18, 2006, The Town Council awarded the contract for this work to C. B.
Construction Company in the amount of $68,920.75, as the lowest responsible bidder. The
contracted work has been completed by C. B. Construction Company and is accepted by the
Parks and Public Works Department.
PREPARED BY: OHN E. CURTIS
Director of Parks and Public Works
NAB&E\COUNCIL REPORTS\06-07.curb.gutter.sw.replace.2006.07cert.doc
Reviewed by: k?~_Assistant Town Manager
Clerk Administrator v Finance
Attorney
ty Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 06-07 - CURB, GUTTER, AND SIDEWALK REPLACEMENT
FOR FISCAL YEAR 2006-07 -PROJECT 0349
NOVEMBER 14, 2006
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:
The construction contract was awarded for $68,921 with a contingency budget of $10,000,
bringing the authorized project budget to $78,921. The construction contract was completed for
$78,832, within the authorized budget. The remaining project budget funds of $24,400 will be
used for minor concrete repairs as needed in Town this fiscal year.
FY 2006-07 CURB, GUTTER AND SIDEWA
FY 2006/07 Fiscal Impact
Project Funds 400-0349
TOTALS
Budget YTD Available
Funding Expenditures Funding
138,232 35,000 103,232
Amount this
Contract
78,832
78,832
138,232 35,000 103,232
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor -
Remaining
Budget
24,400
24,400
1vlaL. 11a1.7 -
Construction - 68,921
Contingency - 9,911
TOTALS - 78,832
Attachments:
Resolution accepting work of C. B. Construction Company (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
C. B. CONSTRUCTION COMPANY
FOR PPW JOB NO. 06-07
CURB, GUTTER, AND SIDEWALK REPLACEMENT
FOR FISCAL YEAR 2006-07 - PROJECT 0349
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on September 18, 2006, the Town Council awarded a contract for the Curb,
Gutter, and Sidewalk Replacement Project to C. B. Construction Company, as the lowest
responsible bidder; and
WHEREAS, C. B. Construction Company substantially completed the project in
conformance with the Town's bid process and pursuant to Council approval; and
WHEREAS, ten percent of the performance bond provided by C. B. Construction
Company shall remain in place for two years until December 4, 2008 to guarantee the work; and
WHEREAS, the work on PPW Job No. 06-07 - Curb, Gutter, and Sidewalk
Replacement project 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 4th day of December, 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
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. 06-07 - CURB GUTTER, AND SIDEWALK REPLACEMENT PROJECT
FOR FISCAL YEAR 2006-07
TO WHOM IT MAY CONCERN:
We do hereby certify that C. B. Construction Company, substantially completed the work on
November 8, 2006, called for in the agreement with the Town of Los Gatos dated September 29,
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. 06-07 - Curb, Gutter, and Sidewalk Replacement
project located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and
was completed, approved and accepted December 4, 2006.
The Surety accompanying the contract/agreement is the National Mutual Insurance Company.
Bond No.: BD701367
Date: September 28, 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, ACKNOWLEDGEMENT
State of California
County of Santa Clara
On before me, JACKIE ROSE, 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. 6-07 - Curb, Gutter, and Sidewalk Replacement for
Fiscal Year 2006-07
Number of Pages: 2
Date of Document:
Signer(s) Other than Named Above: None