07 Staff Report - Shannon Road Trail Connection Construction Project~pW N OF
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COUNCIL AGENDA REPORT
DATE: MAY 4, 2007
TO
FROM
SUBJECT
MEETING DATE: 5/21/07
ITEM NO:
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGER
PPW JOB NO. 04-66 SHANNON ROAD TRAIL CONNECTION
CONSTRUCTION PROJECT 0566
ADOPT RESOLUTION ACCEPTING WORK OF SUMMIT SPRINGS
DESIGN, 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 Summit Springs Design, Inc. and authorizing the Town
Manager to execute Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
This project constructed a trail in the easement on the Switzer property that brings the Shannon
Road trail closer to Santa Rosa Drive and its trail system. The Town's Trail and Bikeway Plan
reflected the placement of a trail along Shannon Road connecting Hicks Road to Santa Rosa
Drive.
A main part of this trail project has been built by the Greenbriar Development project within
their property area and ending at the Switzer property on Shannon Road. Mr. Switzer, as a
condition of approval of his development project, gave the Town an easement and a sum of
$50,000 to construct a trail in this easement. In addition to the trail on the above easement, a
connection was also made to the trails built by Greenbriar Development project. This additional
trail section was constructed and paid for by trail in-lieu fees which have been previously
collected from neighboring projects. The final section of this trail crosses another private
property, and staff will continue to work on opportunities to secure easements for that trail in the
future.
PREPARED BY: KEVIN ROHANI / w f z
Interim Director of Parks and Public Works
N:\ENGMEERING\COUNCIL REPORTS\04-66.shannon.rd.trail.constr.cert.doc
Reviewed by: b~LAssistant Town Manager Town Attorney
Clerk Administrator Finance -Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 04-66 SHANNON ROAD TRAIL CONNECTION
CONSTRUCTION PROJECT 0566
MAY 4, 2007
DISCUSSION:
On September 18, 2006, the Town Council approved a revised budget of $59,000 for this project
with the transfer of $9,000 of trail-in-lieu fees, and awarded the contract for this work to Springs
Design Inc. in the amount of $59,000 as the lowest responsible bidder. The contracted work has
been completed by Summit Springs Design, Inc. and is accepted by the Parks and Public Works
Department.
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 was completed for the full budget of $59,000, leaving a zero balance, as follows:
SHANNON ROAD TRAIL CONNECTOR PROJECT
PPW JOB # 04-66
Approved Total Remaining
FY 2005/06 Fiscal Impact Budget Expenditures Balance
400-0566 59,000 59,000 -
TOTALS 59,000 59,000 -
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Construction 59,000
TOTALS 59,000
Attachments:
Resolution accepting work of Summit Springs Design, 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 SUMMIT SPRINGS DESIGN, INC.
FOR PPW JOB NO. 04-66
SHANNON ROAD TRAIL CONNECTOR CONSTRUCTION PROJECT 0566
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
Shannon Road Trail Connector Construction Project to Summit Springs Design, Inc., as the
lowest responsible bidder; and
WHEREAS, Summit Springs Design, 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 Summit Springs, Inc.
shall remain in place for two years until May 21, 2009 to guarantee the work; and
WHEREAS, the work on PPW Job No. 04-66 - Shannon Road Trail Connector
Construction 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
M
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. 04-66 - SHANNON ROAD TRAIL CONSTRUCTION PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that Summit Springs, Inc. substantially completed the work on
April 16 2007, called for in the agreement with the Town of Los Gatos dated October 9, 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. 04-66 - Shannon Road Trail Construction Project located in the
TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed,
approved and accepted May 21, 2007.
A cashier's check, in lieu of bonds, was received by the Town of Los Gatos.
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. 04-66 - Shannon Road Trail Construction 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. 04-66 - Shannon Road Trail Construction Project
No. of Pages: 1
Date of Document:
Signer(s) Other than Named Above: Orry Korb
J U RAT
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. 04-66 - Shannon Road Trail Construction Project
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Kevin Rohani and Orry Korb
aaaral