09 Staff Report - Elm Street Reconstruction ProjectN ~F MEETING DATE: 10/15/07
ITEM NO:
togs COUNCIL/AGENCY AGENDA REPORT
DATE: SEPTEMBER 28, 2007
TO: MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY
FROM: PAMELA JACOBS, INTERIM TOWN MANAGER/EXECUTIVE DIRECTOR
SUBJECT: PPW JOB NO. 07-07 - ELM STREET RECONSTRUCTION PROJECT 930-0811
ADOPT RESOLUTION ACCEPTING WORK OF JOSEPH J. ALBANESE,
INC. AND AUTHORIZING THE INTERIM TOWN MANAGER/EXECUTIVE
DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE
OF COMPLETION FOR RECORDING BY THE CLERK
ADMINISTRATOR/SECRETARY OF THE REDEVELOPMENT AGENCY
RECOMMENDATION:
Adopt resolution accepting work of Joseph J. Albanese, Inc. and authorizing the Interim Town
Manager/Executive Director to execute Certificate of Acceptance and Notice of Completion for
recording by the Clerk Administrator/Secretary of the Redevelopment Agency.
BACKGROUND:
The scope of this project included the removal of all failed pavement and base materials between
the curbs on Elm Street, preparing and grading the sub-base, placing of new base material, and
finishing the project by applying an asphalt overlay to the street. The street surface on Elm Street
was extremely poor, near failure, and had severe cracks and holes.
DISCUSSION:
During legislative recess of the Town Council/Redevelopment Agency in July, 2007, the Town
Manager awarded a contract for this work to Joseph J. Albanese, Inc. The contracted work has
been completed by Joseph J. Albanese, Inc. and is accepted by the Parks and Public Works
Department.
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
N:AENGINEERIN&COUNCIL REPORTS\07-07.elm street recon.cert.doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator __!I~Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY
SUBJECT: PPW JOB NO. 07-07 - ELM STREET RECONSTRUCTION PROJECT 930-0811
SEPTEMBER 28, 2007
During the excavation of this roadway, a very old storm drain pipe that had collapsed was
discovered under the intersection of Elm Street and University Avenue. This necessitated
additional repair work outside the scope of the project, with additional expenditures of $11,366.
This extra work was successfully completed within the project's one-week construction
schedule. Additional project expenditures include engineering staffing ($2,312) and blue prints
($310), for a total project cost of $95,876, under the project's total budget of $100,000.
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/Agency approve the Certificate of Acceptance and Notice of
Completion for recording by the Clerk Administrator/Secretary.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301 c). A Notice
of Exemption will not be filed.
FISCAL IMPACT:
The FY2007/08 Capital Improvement Program approved $100,000 in Redevelopment Agency
(RDA) funds for this project. The final project costs were $95,876. The remaining balance of
$4,124 will become available in the RDA fund (930) for future RDA projects. The following
chart details the project's budget:
ELM STREET RECONSTRUCTION PROJECT
PPW Job # 07-07
Expended/
Budget Encumbered
FY 2007/08 Fiscal Impact Funding to Date
Elm Street Reconstruction Project #930-0811 100,000 95,876
TOTALS 100,000 95,876
TOTAL EXPENDITURES BY CATEGORY:
Remaining
Balance
4,124
4,124
Staff Labor
2,312
Materials
310
Construction
81,888
Change Orders
11,366
TOTALS
95,876
Attachments:
Resolution accepting work of Joseph J. Albanese, Inc. (with Exhibit A) Certificate of Acceptance and
Notice of Completion.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF JOSEPH J. ALBANESE, INC.
FOR PPW JOB NO. 07-07
ELM STREET RECONSTRUCTION PROJECT
AND AUTHORIZING THE
INTERIM TOWN MANAGER/EXECUTIVE DIRECTOR
TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOWSECRETARY
WHEREAS, during legislative recess of the Town Council/Redevelopment Agency in
July, 2007, the Town Manager/Executive Director awarded a contract for the Elm Street
Reconstruction Project - PPW Job No. 07-07 to Joseph J. Albanese, Inc. as the lowest
responsible bidder; and
WHEREAS, Joseph J. Albanese, Inc. substantially completed the project in conformance
with the Town's bid process and pursuant to Council/Agency approval; and
WHEREAS, ten percent of the performance bond provided by Joseph J. Albanese, Inc.
shall remain in place for two years until October 15, 2009 to guarantee the work; and
WHEREAS, the work on PPW Job No. 07-07 - Elm Street Reconstruction 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/Executive
Director 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/Secretary 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/Redevelopment
Agency of the Town of Los Gatos, California, held on the 15th day of October, 2007 by the
following vote.
COUNCIL/AGENCY MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR/CHAIR OF THE REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR/SECRETARY OF THE REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RECORDING REQUESTED BY:
TOWN OF LOS GATOS
PLEASE RECORD AND RETURN TO:
Clerk Administrator/Secretary
P.O. Box 949
Los Gatos, CA 95031
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 07-07 - ELM STREET RECONSTRUCTION PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that Joseph J. Albanese, Inc. substantially completed the work on
September 4, 2007, called for in the agreement with the Town of Los Gatos dated July 31,
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. 07-07 - Elm Street Reconstruction Project located in the TOWN
OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and
accepted October 15, 2007.
The Surety accompanying the contract/agreement is the Travelers Casualty and Insurance
Company of America.
Bond No.: 104920817
Date: July 25, 2007
TOWN OF LOS GATOS
By:
Interim Director of Parks and Public Works
By:
Interim Town Manager/Executive Director
Acknowledgement Required
Exhibit A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 07-07 - Elm Street Reconstruction Project
I, PAMELA JACOBS, the Interim Town Manager/Executive Director of the
Redevelopment Agency 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/EXECUTIVE DIRECTOR
of the Redevelopment Agency of the Town of Los Gatos
RECOMMENDED BY:
Interim Director of Parks and Public Works
APPROVED AS TO FORM:
Town Attorney/General Counsel
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. 07-07 - Elm Street Reconstruction 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. 07-07 - Elm Street Reconstruction Project
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Kevin Rohani and Orry Korb