03 Staff Report - Oak Meadow Park Retaining Wall Replacement ProjectIoW" of MEETING DATE: 5/21/07
ITEM NO:
~oS G°o5 COUNCIL AGENDA REPORT
DATE: MAY 4, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: PPW JOB NO. 05-16 - OAK MEADOW PARK RETAINING WALL
REPLACEMENT PROJECT 0715
A. ADOPT RESOLUTION ACCEPTING WORK OF CASEY
CONSTRUCTION, INC. AND AUTHORIZING THE TOWN MANAGER
TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR
B. AUTHORIZE REVENUE ADJUSTMENT OF $5,228 FROM STATE
PARKS BOND PROPOSITION 12/40 FUNDS TO THIS PROJECT (0715)
C. AUTHORIZE EXPENDITURE ADJUSTMENT OF $5,228 REVISING
PROJECT (0715) BUDGET TO $67,188
RECOMMENDATION:
1. Adopt resolution accepting work of Casey Construction, Inc. and authorizing the Town
Manager to execute Certificate of Acceptance and Notice of Completion for recording by
the Clerk Administrator.
2. Authorize revenue adjustment of $5,228 from State Parks Bond Proposition 12/40 funds
to this project (0715)
3. Authorize expenditure adjustment of $45,228 revising project (0715) budget to $67,188
BACKGROUND:
This project replaced an old wooden retaining wall that had failed in several sections. This
retaining wall holds the Bocce Ball Courts' hillside next to University Avenue in Oak Meadow
Park. The retaining wall that had failed did not have any reinforcement or drainage system and
these along with the aging process caused the failure of this wall.
PREPARED BY: KEVIN ROHANI
~~-Xe,z
~
Interim Director of Parks and Public Works
N:AENGINEERING\000NCIL REPORTS\05-16.oak. meadow. park.retaining.wall. cert. doc
Reviewed by: Assistant Town Manager /'Town Attorney
Clerk Administrator ° L Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 05-16 -OAK MEADOW PARK RETAINING WALL
REPLACEMENT PROJECT 0715
MAY 4, 2007
DISCUSSION:
On February 5, 2007, The Town Council awarded the contract for this work to Casey
Construction, Inc. in the amount of $45,460, as the lowest responsible bidder. The contracted
work has been completed by Casey Construction, Inc. and is accepted by the Parks and Public
Works Department.
During the construction of this new retaining wall, unforeseen site conditions were encountered
by the contractor. In the vicinity of this wall, several large pieces of concrete were discovered
under the hillside that had been dumped in the past, causing voids under the wall. This material
had to be excavated and removed before the new wall could be built. To accommodate this, the
contractor had to remove more asphalt from the pathway next to the wall and extend the wall to
make the new excavated area conform to the hillside. This added work was not included or
anticipated in the original contract and change orders have been issued to cover the expenses.
The additional expenditures total $9,737 and are $5,228 over the project's current budget. A
budget adjustment of $5,228 is necessary to provide sufficient funding for this project.
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 of $61,960 is a combination of State Parks grant funds ($50,460) and Town
matching funds ($11,500). Additional funding is available from the State Parks Bond fund. Use
of additional Parks Bond funds will not impact other approved parks improvement project
budgets, because the bids received on the Trail Improvement Projects were lower than their
approved budgets. An adjustment of $5,228 from State Parks grant funds to this project will
revise this project's budget to $67,188, as follows:
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 05-16 - OAK MEADOW PARK RETAINING WALL
REPLACEMENT PROJECT 0715
MAY 4, 2007
OAK MEADOW PARK RETAINING WALL
PPW Job # 05-61
Approved Budget
Revised
Encumbered Balance
FY 2006/07 Fiscal Impact
Budget Adjustment
Budget
to Date Available
400-0715 GEAR
11,500 -
11,500
11,500
410-0715 Prop 12 State Parks Bond
50,460 5,228
55,688
55,688 -
TOTAL BUDGETED
$ 61,960 S 5,228
S 67,188
S 67,188 $ -
Budget Transfers from:
410-0340 Prop 12 State Parks Bond
53,175 (5,228)
47,947
Al., EXPENDITURES BY CATEGORY:
Staff Labor
277
Materials
214
Engineering Design
11,500
Contruction
55,197
'AL EXPENDITURES
$ 67,188
Attachments:
Resolution accepting work of Casey Construction, 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 CASEY CONSTRUCTION, INC.
FOR PPW JOB NO. 05-16
OAK MEADOW PARK RETAINING WALL REPLACEMENT PROJECT 0715
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on February 5, 2007, the Town Council awarded a contract for the Oak
Meadow Park Retaining Wall Retaining Wall Replacement project to Casey Construction, Inc. as
the lowest responsible bidder; and
WHEREAS, Casey Construction, 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 Casey Construction, Inc.
shall remain in place for two years until May 21, 2009 to guarantee the work; and
WHEREAS, the work on PPW Job No. 05-16 - Oak Meadow Park Retaining Wall
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 21 st day of May, 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
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. 05-16 - OAK MEADOW PARK RETAINING WALL REPLACEMENT
PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that Casey Construction, Inc. substantially completed the work on
April 16, 2007, called for in the agreement with the Town of Los Gatos dated February 14,
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. 05-16 - Oak Meadow Park Retaining Wall
Replacement project 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 Contractors Bonding and Insurance
Company.
Bond No.: 7768
Date: February 8, 2007
TOWN OF LOS GATOS
By:
Interim Director of Parks and Public Works
By:
Town Manager
Acknowledgement Required
EXHIBIT A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 0-5-16 - Oak Meadow Park Retaining Wall Replacement Project
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. 05-16 - Oak Meadow Park Retaining Wall Project
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. 05-16 - Oak Meadow Park Retaining Wall Project
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Kevin Rohani and Orry Korb