08 Staff Report - Retaining Wall Construction Along Los Gatos Creek Traila,MEETING DATE: 9/15/08
ITEM NO:
ias c~t~y COUNCIL AGENDA REPORT
DATE: SEPTEMBER 3, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 06-08A - RETAINING WALL CONSTRUCTION ALONG
LOS GATOS CREEK TRAIL PROJECT 411-815-0301
ADOPT RESOLUTION ACCEPTING WORK OF CASEY CONSTRUCTION,
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 Casey Construction, Inc. and authorizing the Town Manager
to execute Certificate of Acceptance and Notice of Completion for recording by the Clerk
Administrator.
BACKGROUND:
This project replaced 100 feet of retaining wall that has failed due to this year's January 4th
storms. The location is parallel to the Los Gatos Creek Trail on the south side of the Lark
Avenue Bridge.
DISCUSSION:
On April 21, 2008, The Town Council awarded the contract for this work to Casey Construction,
Inc. The contracted work has been completed by Casey Construction, Inc. and is accepted by the
Parks and Public Works Department.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
NAENGINEERMACOUNCIL REPORTS12008 Reports106-08A - retaining.wall.construction.aloErg.LG.creek trail.cert.doe
Reviewed by: u~]-) Assistant Town Manager Town Attorney
Clerk Administrator 5?,ZFinance ommunity Development
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF CASEY CONSTRUCTION, INC. FOR
PPW JOB NO. 06-08A
RETAINING WALL CONSRUCTION PROJECT ALONG LOS GATOS CREEK TRAIL
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on April 21, 2008, the Town Council awarded a contract for the Retaining
Wall Construction Project along Los Gatos Creek Trail - PPW Job No. 06-08A to Casey
Construction, Inc. as the lowest responsible bidder; and
WHEREAS, Casey Construction, 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 Casey Construction, Inc.
shall remain in place for two years until September 15, 2010 to guarantee the work; and
WHEREAS, the work on PPW Job No. 06-08A Retaining Wall Construction Project
along Los Gatos Creek Trail 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 15th day of September, 2008 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. 06-08A - RETAINING WALL CONSTRUCTION PROJECT ALONG
LOS GATOS CREEK TRAIL
TO WHOM IT MAY CONCERN:
We do hereby certify that Casey Construction, Inc. substantially completed the work on
August 22, 2008, called for in the agreement with the Town of Los Gatos dated May 13, 2008.
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. 06-08A - Retaining Wall Construction Project along Los Gatos
Creek Trail located in the TOWN OF LOS GATOS, County of Santa Clara, State of California
and was completed, approved and accepted September 15, 2008.
The Surety accompanying the contract/agreement is the International Fidelity Insurance
Company.
Bond No.: 046984
Date: April 25, 2008
By:
TOWN OF LOS GATOS
Director of Parks and Public Works
By:
Town Manager
Acknowledgement Required
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 06-08A
Retaining Wall Construction Project along Los Gatos Creek Trail
I, GREG LARSON, 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 , 2008 at Los Gatos, California.
GREG LARSON, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
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 TODD CAPURSO and GREG LARSON, 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. 06-08A - Retaining Wall Construction Project along Los
Gatos Creek Trail
No. of Pages:
Date of Document:
Signer(s) Other than Named Ahove: 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 , 2008
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. 06-08A - Retaining Wall Construction Project
along Los Gatos Creek Trail
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Todd Capurso and Orry Korb