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DATE
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COUNCIL AGENDA REPORT
MAY 4, 2007
MEETING DATE: 5/21/07
ITEM NO: ez
MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: PPW JOB NO. 06-11 BLOSSOM HILL ROAD SIDEWALK
CONSTRUCTION (UNIVERSITY AVENUE TO ROBERTS ROAD)
PROJECT 0712
ADOPT RESOLUTION ACCEPTING WORK OF ROBERT A. BOTHMAN,
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 Robert A. Bothman, Inc. and authorizing the Town
Manager to execute Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
This project installed a sidewalk and curb and gutter on the south side of Blossom Hill Road,
between University Avenue and West Roberts Road across from Oak Meadow Park. Although
an existing sidewalk is located on the north side of Blossom Hill Road next to Oak Meadow
Park, some pedestrians tend to use the opposite side of the road along the curb line where there
was no designated pedestrian walkway.
DISCUSSION:
On December 18, 2006, The Town Council awarded the contract for this work to Robert A.
Bothman, Inc. in the amount of $153,120, as the lowest responsible bidder. The contracted work
has been completed by Robert A. Bothman, Inc. and is accepted by the Parks and Public Works
Department. This project has enhanced and improved pedestrian safety on the south side of
Blossom Hill Rd, between University Ave. and Roberts Rd., across f pn Oak Meadow Park.
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
N:AENGINEERINGTOUNCIL REPORTS\06-11.blossom.hill.rd.s.w.construc.cert.doc
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Reviewed by: ' Assistant Town Manager _ Town Attorney
Clerk Administrator ,Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 06-11 - BLOSSOM HILL ROAD SIDEWALK
CONSTRUCTION (UNIVERSITY AVENUE TO ROBERTS ROAD)
PROJECT 0712
MAY 4, 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:
This project's budget is $153,120, funded with Town general funds. The final project costs
equaled the total budget, leaving a zero balance. The following chart details the project's budget:
BLOSSOM HILL ROAD SIDEWALK PROJECT
PPW Job #06-11
Approved
Expended Balance
FY 2006/07 Fiscal Impact
Budget
to Date of Account
Project: 400-0712
153,120
153,120 -
TOTALS
153,120
153,120 -
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
-
Materials
-
Engineering Design
-
Construction: Robert A. Bothman, Inc.
153,120
TOTALS
153,120
Attachments:
Resolution accepting work of Robert A. Bothman, 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 ROBERT A. BOTHMAN, INC.
FOR PPW JOB NO. 06-11
BLOSSOM HILL ROAD SIDEWALK CONSTRUCTION
(UNIVERSITY AVENUE TO ROBERTS ROAD) - PROJECT 0712
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on December 18, 2006, the Town Council awarded a contract for the
Blossom Hill Road Sidewalk Construction - (University Avenue to Roberts Road) to Robert A.
Bothman, Inc., as the lowest responsible bidder; and
WHEREAS, Robert A. Bothman 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 Robert A. Bothman, Inc.
shall remain in place for two years until May 21, 2009 to guarantee the work; and
WHEREAS, the work on PPW Job No. 06-11 - Blossom Hill Road Sidewalk
Construction (University Avenue to Roberts Road) 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 21st day of May, 2007 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
a
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. 06-11 - BLOSSOM HILL ROAD SIDEWALK CONSTRUCTION
(UNIVERSITY AVENUE TO ROBERTS ROAD)
TO WHOM IT MAY CONCERN:
We do hereby certify that Robert A. Bothman, Inc. substantially completed the work on
April 2, 2007, called for in the agreement with the Town of Los Gatos dated January 3, 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. 06-11 - Blossom Hill Road Sidewalk Construction (University
Avenue to Roberts Road) located in the TOWN OF LOS GATOS, County of Santa Clara, State
of California and was completed, approved and accepted May 21, 2007.
The Surety accompanying the contract/agreement is the Safeco Insurance Company of America.
Bond No.: 6457725
Date: December 27, 2006
TOWN OF LOS GATOS
By:
Interim Director of Parks and Public Works
By:
Town Manager
Acknowledgement Required
EXHIBIT N
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 06-11 - Blossom Hill Road Sidewalk Construction
(University Avenue to Roberts Road)
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
APPROVED AS TO FORM:
Town Attorney
Date:
Date:
Notary Jurat Required
ACKNOWLEDGEMENT
State of California
County of Santa Clara
On before me, PATRICIA M. DUARTE,
NOTARY PUBLIC, personally appeared KEVIN ROHANI and DEBRA J. FIGONE,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the within instrument the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal:
Notary Public
(seal)
OPTIONAL
CAPACITY CLAIMED BY SIGNER:
Municipal Officers of the Town of Los Gatos
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Certificate of Acceptance and Notice of Completion
PPW Job No. 06-11 - Blossom Hill Road Sidewalk Construction
(University Avenue to Roberts Road)
No. of Pages: 1
Date of Document:
Signer(s) Other than Named Above: Orry Korb
JURAT
State of California
County of Santa Clara
Subscribed and sworn to (or affirmed) before me, Patricia M. Duarte,
Notary Public, on this day of
200 , by
personally known to me or proved to me on the basis of satisfactory
evidence to be the person(s) who appeared before me.
Notary Public (SEAL)
OPTIONAL
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Affidavit to Accompany Certificate of Acceptance and Notice
of Completion PPW Job No. 06-11 - Blossom Hill Road Sidewalk Construction
(University Avenue to Roberts Road)
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Kevin Rohani and Orry Korb