02 Staff Report - Villa Avenue Retaining Wall Replacement~p\4 N 0
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DATE:
TO
FROM
COUNCIL AGENDA REPORT
AUGUST 22, 2007
MAYOR AND TOWN COUNCIL
MEETING DATE: 9/4/07
ITEM NO:
0
PAMELA JACOBS, INTERIM TOWN MANAGER
SUBJECT: PPW JOB NO. 07-02 - VILLA AVENUE RETAINING WALL REPLACEMENT
PROJECT 0406
ADOPT RESOLUTION ACCEPTING WORK OF CASEY CONSTRUCTION
COMPANY AND AUTHORIZING THE INTERIM TOWN MANAGER TO
EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR
RECOMMENDATION:
Adopt resolution accepting work of Casey Construction Company and authorizing the Interim
Town Manager to execute Certificate of Acceptance and Notice of Completion for recording by
the Clerk Administrator.
BACKGROUND:
This project repaired and replaced a wooden retaining wall that was holding up the hillside along
Villa Avenue between Fiesta Way and Jackson Avenue. This section of the wall failed in late
2006 due to considerable damage resulting from winter storms. The new retaining wall is
reinforced with steel beams and pressure treated lumber and has a drainage system behind the
wall to prevent water damage to the wall.
DISCUSSION:
On May 21, 2007, The Town Council awarded the contract for this work to Casey Construction
Company in the amount of $84,366 as the lowest responsible bidder. The contracted work has
been completed by Casey Construction Company and is accepted by the Parks and Public Works
Department.
PREPARED BY
KEVIN ROHANI
Interim Director of Parks and Public Works
N:\ENGINEERING\COUNCIL REPORTS\07-02.villa.ave.retaining.wall.cert.doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator ,Finance Community Development -tp
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PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 07-02 - VILLA AVENUE RETAINING WALL REPLACEMENT
PROJECT 0406
AUGUST 22, 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:
There is no direct fiscal impact. This project was funded and expensed during FY 2006/07 in the
annual Retaining Wall Replacement Program (0406). All expenditures were within the FY
2006/07 budget. The remaining balance became available for the FY 2007/08 Retaining Wall
Replacement Program (0406).
VILLA AVE RETAINING WALL
PPW Job # 07-02
Available
Budget Project Remaining
FY 2006/07 Fiscal Impact Funding Expenses Balance
Project 400-0715 175,766 96,342 79,424
TOTALS 175,766
96,342 79,424
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Materials
904
Engineering/Design
-
Construction
95,438
Contingency
-
TOTALS
96,342
Attachments:
Resolution accepting work of Casey Construction Company (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 COMPANY
FOR PPW JOB NO. 07-02
VILLA AVENUE RETAINING WALL REPLACEMNT PROJECT 0406
AND AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on May 21, 2007, the Town Council awarded a contract for the Villa
Avenue Retaining Wall Replacement PPW Job No. 07-02 to Casey Construction Company as the
lowest responsible bidder; and
WHEREAS, Casey Construction Company 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
Company shall remain in place for two years until September 4, 2009 to guarantee the work; and
WHEREAS, the work on PPW Job No. 07-02 - Villa Avenue 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 Interim 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 4th day of September, 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. 07-02 - VILLA AVNEUE RETAINING WALL REPLACEMENT PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that Casey Construction Company substantially completed the work on
July 25, 2007, called for in the agreement with the Town of Los Gatos dated June 4, 2007. The
work is outlined in the Town's 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. 07-02 - Villa Avenue Retaining Wall Replacement project
located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was
completed, approved and accepted September 4, 2007.
The Surety accompanying the contract/agreement is the International Fidelity Insurance
Company.
Bond No.: 0444952
Date: May 24, 2007
TOWN OF LOS GATOS
By:
Interim Director of Parks and Public Works
By:
Interim Town Manager
Acknowledgement Required
Exhibit A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 07-02 - Villa Avenue Retaining Wall Replacement Project
I, PAMELA JACOBS, the Interim 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.
PAMELA JACOBS, INTERIM 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, JACKIE ROSE, NOTARY
PUBLIC, personally appeared KEVIN ROHANI and PAMELA JACOBS, 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. 07-02 - Villa Avenue 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, Jackie Rose, Notary
Public, on this day of 2007,
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. 07-02 - Villa Avenue Retaining Wall Replacement
Project
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Kevin Rohani and Orry Korb