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02 Staff Report - Villa Avenue Retaining Wall Replacement~p\4 N 0 !ps° G A°.~'pS 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 A 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