03 Staff Report - Johnson Avenue Storm Drain Improvement~pW N 0
~o' os COUNCIL AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT
AUGUST 22, 2007
MAYOR AND TOWN COUNCIL
PAMELA JACOBS, INTERIM TOWN MANAGER
MEETING DATE: 9/4/07
ITEM NO:
PPW JOB NO. 07-03 JOHNSON AVENUE STORM DRAIN IMPROVEMENT
PROJECT 0727
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 relocated a storm drain that was located on private property so that the property
owner could expand their residence. This is a public storm drain that was installed decades ago
without any easements on private property. The property owner granted the Town a storm drain
easement which made it possible for Town crews to service this storm drain system.
DISCUSSION:
On May 21, 2007, The Town Council awarded the contract for this work to Casey Construction
Company in the amount of $80,072 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\07-03.j ohnson. ave. storm. drain. improve.cert.doc
Reviewed by: Assistant Town Manager -4k/Town Attorney
Clerk Administrator finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 07-03 - JOHNSON AVENUE STORM DRAIN IMPROVEMENT
PROJECT 0727
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 Cleric 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 Storm Drain One Fund (461). All expenditures were within the FY 2006/07 budget. The
remaining balance is available for future stone drain projects in Storm Drain Area One.
JOHNSON AVENUE STORM DRAIN IMPROVEMENT
PPW Job # 07-03
Available
Budget Project Remaining
FY 2006/07 Fiscal Impact Funding Expenses Balance
Project 461-0727 91,937 88,977 2,960
TOTALS 91,937
88,977 2,960
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Materials
215
Engineering/Design
6,650
Construction
82,112
Contingency
TOTALS
88.977
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. 07-03
JOHNSON AVENUE STORM DRAIN IMPROVEMENT PROJECT 0727
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 Johnson
Avenue Storm Drain Improvement Project - PPW Job No. 07-03 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. 07-03 - Johnson Avenue Storm Drain
Improvement 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. 07-03 - JOHNSON AVENUE STORM DRAIN IMPROVEMENT PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that Casey Construction Company substantially completed the work on
July 6, 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. 07-03 - Johnson Avenue Storm Drain Improvement 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.: 0444951
Date: May 24, 2007
By:
Acknowledgement Required
TOWN OF LOS GATOS
By:
Interim Director of Parks and Public Works
Interim Town Manager
Exhibit A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 07-03 - Johnson Avenue Storm Drain Improvement 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. 07-03 - Johnson Avenue Storm Drain Improvement 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. 07-03 - Johnson Avenue Storm Drain
Improvement Project
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Kevin Rohani and Orry Korb