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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