05 Staff Report - PPW Job No. 05-09~pW N 0
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DATE:
TO:
FROM:
SUBJECT
COUNCIL AGENDA REPORT
MARCH 21, 2007
MEETING DATE: 4/2/07
ITEM NO:
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGER
1
PPW JOB NO. 05-09 - COLLEGE AVENUE WALKWAY REPAIR AND
RESURFACING PROJECT (0601)
ADOPT RESOLUTION ACCEPTING WORK OF DURAN AND VENABLES,
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 Duran and Venables, Inc. and authorizing the Town
Manager to execute Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
The College Avenue Walkway Repair and Resurfacing Project was approved in the FY 2006-07
Capital Improvement Program. This project completed the replacement of a damaged fence,
repaired a damaged walkway, and placed a new asphalt section on the walkway to improve
pedestrian safety.
DISCUSSION:
On January 16, 2007, The Town Council awarded the contract for this work to Duran and
Venables, Inc. in the amount of $48,882, as the lowest responsible bidder. The contracted work
has been completed by Duran and Venables, Inc. and is accepted by the Parks and Public Works
Department. This project has enhanced and improved pedestrian safety on College Avenue and
has been well received by the residents of the area.
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PREPARED BY: KEVIN ROHANI 3 E
Interim Director of Parks and Public Works
WME\COUNCIL REPORTS\05-09.college.ave.walkway.repair&resurf.cert.doc
Reviewed by: _~Assistant Town Manager "1,, -,'Town Attorney
Clerk Administrator finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 05-09 - COLLEGE AVENUE WALKWAY REPAIR AND
RESURFACING PROJECT (0601)
MARCH 21, 2007
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 is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice
of Exemption will not be filed.
FISCAL IMPACT:
The project's FY 2006/07 approved budget was $76,250, funded with TDA Article-3 grant
funds, awarded by MTC, and $1,250 in Town general funds. The lowest bidder, Duran &
Venables, Inc., was awarded a construction contract for $48,882 with a contingency budget of
$5,000. They completed the project for $51,332. The balance of $23,668 in TDA Article-3 grant
funds will become available in future years to the Town for pedestrian and bicycle improvement
projects, and the $1,250 general fund balance will revert to the general fund.
College Avenue Walkway Repair Project
PPW Job # 05-09
Approved
Amount
Remaining
FY 2006/07 Fiscal Impact
Budget
this Contract
Balance
400-0601: General Funds
1,250
-
1,250
410-0601: TDA Article-3 rant
75,000
51,332
23,668
TOTALS
76,250
51,332
24,918
TOTAL EXPENDITURES BY CATEGORY:
Construction
51,332
TOTALS
51,332
Attachments:
Resolution accepting work of Duran and Venables, 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
DURAN AND VENABLES, INC.
FOR PPW JOB NO. 05-09
COLLEGE AVENUE WALKWAY REPAIR AND RESURFACING
PROJECT 410-0601
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on January 16, 2007, the Town Council awarded a contract for the College
Avenue Walkway Repair and Resurfacing Project to Duran and Venables, Inc., as the lowest
responsible bidder; and
WHEREAS, Duran and Venables, Inc. 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 Duran and Venables, Inc.
shall remain in place for two years until April 2, 2009 to guarantee the work; and
WHEREAS, the work on PPW Job No. 05-09 - College Avenue Walkway Repair and
Resurfacing 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 2'd day of April, 2007 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
I j, -
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. 05-09 - COLLEGE AVENUE WALKWAY REPAIR AND RESURFACING
TO WHOM IT MAY CONCERN:
We do hereby certify that Duran and Venables, Inc. substantially completed the work on
February 27, 2007, called for in the agreement with the Town of Los Gatos dated January 29,
2007. 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. 05-09 - College Avenue Walkway Repair and
Resurfacing project located in the TOWN OF LOS GATOS, County of Santa Clara, State of
California and was completed, approved and accepted April 2, 2007.
The Surety accompanying the contract/agreement is the Travelers Casualty and Surety Company
of America.
Bond No.: 104775435
Date: January 23, 2007
TOWN OF LOS GATOS
By:
Interim 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 2007 at Los Gatos, California.
DEBRA J. FIGONE, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Interim Director of Parks and Public Works
Date:
APPROVED AS TO FORM:
Town Attorney
Date:
TOWN OF LOS GATOS, CALIFORNIA
ALL PURPOSE 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. 05-09 - College Avenue Walkway Repair and Resurfacing
Number of Pages: 2
Date of Document:
Signer(s) Other than Named Above: None
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