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02 Staff Report - Shannon Road Culvert Improvementof MEETING DATE: 1211/08 ITEM NO: how °s GAMS COUNCIL AGENDA REPORT DATE: NOVEMBER 12, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: PPW JOB NO. 07-I9 - SHANNON ROAD CULVERT IMPROVEMENT PROJECT 461-816-0403 A. ADOPT RESOLUTION ACCEPTING WORK OF JOSEPH J. ALBANESE, INC. AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR. B. AUTHORIZE A BUDGET ADJUSTMENT IN THE AMOUNT OF $15325 TO THE SHANNON ROAD CULVERT IMPROVEMENT PROJECT. RECOMMENDATION: 1. Adopt resolution accepting work of Joseph J. Albanese, Inc. and authorizing the Town Manager to execute Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. 2. Authorize a budget adjustment in the amount of $1,325 to the Shannon Road Culvert project. BACKGROUND: During the winter storms of early January 2008, there was damage done to Town infrastructure and facilities, including damaged trails, retaining walls, storm drain pipes, street embankments, and other park facilities. DISCUSSION: This project replaced a damaged storm drain pipe under Shannon Road. This storm drain pipe was an old corrugated metal pipe that was severely eroded and washed out due to the heavy rains. This installation consists of a high density polyethylene pipe which will not rust and has superior hydraulic performance. - PREPARED BY: TODD CAPURSO Director of Parks and Public Works N:IENGINEERINGICOUNCTL REPORTS12008 Reports\07-19.SHANNON.ROAD.CULVERT. IMPROVE cut. doe Reviewed by: r Assistant Town Manager _&V-Town Attorney Clerk Administrator Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 07-19 - SHANNON ROAD CULVERT IMPROVEMENT PROJECT 461-816-0403 NOVEMBER 12, 2008 On August 4, 2008, The Town Council awarded the contract for this work to Joseph J. Albanese, Inc. The contracted work has been completed by Joseph J. Albanese, Inc. and was accepted by the Parks and Public Works Department. 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 the Council approve the budget adjustment, as well as 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: The original contract approved by Council was for $49,925. The project was completed for $51,248. The approved budget was exceeded due to the cost of filing paperwork for the State and County compliance for this project. Sufficient funds are available in the Storm Drain Fund 461 to cover these costs. Shannon°Road Culvert Tmproyemeut Project PROJECTA t 816-0403 Available Expended/ Budget Encumbered Available FY 2008109 Fiscal Impact Funding To Date Balance Project 461-816-0403 $ 49,925 $ 51,248 $ (1,323) TOTALS $ 49,925 $ 51,248 $ (1,323) TOTAL EXPENDITURES BY CATEGORY: Staff Labor State & County Compliance $ 1,323 Engineering/Design Construction 49,925 Contingency _ TOTALS $ 51,248 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 OF THE TOWN OF LOS GATOS ACCEPTING WORK OF JOSEPH J. ALBANESE, INC. FOR PPW JOB NO. 07-19 SHANNON ROAD CULVERT IMPROVEMENT PROJECT AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY CLERK ADMINISTRATOR WHEREAS, on August 4, 2008, the Town Council awarded a contract for PPW Job No. 07-19 - Shannon Road Culvert Improvement Project 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 approval; and WHEREAS, ten percent of the performance bond provided by Joseph J. Albanese, Inc. shall remain in place for two years until December 1, 2010 to guarantee the work; and WHEREAS, the work on PPW Job No. 07-19 Shannon Road Culvert Improvement Project 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 Ist day of December, 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. 07-19 - SHANNON ROAD CULVERT IMPROVEMENT PROJECT TO WHOM IT MAY CONCERN: We do hereby certify that Joseph J. Albanese, Inc. substantially completed the work on October 24, 2008 called for in the agreement with the Town of Los Gatos dated August 8, 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. 07-19 - Shannon Road Culvert Improvement Project located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted December 1, 2008. The Surety accompanying the contract/agreement is the Travelers Casualty and Surety Company of America. Bond No.: 105136669 Date: August 8, 2008 TOWN OF LOS GATOS By: Director of Parks and Public Works By: Town Manager Acknowledgement Required EXHIBIT A AFFIDAVIT To Accompany Certificate of Acceptance and Notice of Completion PPW Job No. 07-14 Shannon Road Culvert Improvement Project 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, 47-19 - Shannon Road Culvert Improvement Project No. of Pages: 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 , 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. 07-19 - Shannon Road Culvert Improvement Project. Number of Pages: I Date of Document: Signers Other than Named Above: Todd Capurso and Orry Korb