03 Staff Report - Retaining Wall Replacement University Avenue and Wooded View Drive~pV{ N 0
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
NOVEMBER 12, 2008
MAYOR AND TOWN COUNCIL
MEETING DATE: 1211108
ITEM NO:
GREG LARSON, TOWN MANAGER -42~~
PPW JOB NO. 07-10 - FISCAL YEAR 2008-09 - RETAINING WALL
REPLACEMENT PROJECT AT UNIVERSITY AVENUE AND WOODED
VIEW DRIVE PROJECT 411-815-9930
ADOPT RESOLUTION ACCEPTING WORK OF CASEY CONSTRUCTION
COMPANY 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 Company and authorizing the Town
Manager to execute Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
The adopted Capital Improvement Program designates funding for retaining wall projects and is
consistent with the Town's goals to improve public safety.
DISCUSSION:
This project repaired and replaced two failed retaining walls on University Avenue and Wooded
View Drive. Two sections of the retaining wall along University Avenue across Vasona Lake
failed last winter. Replacement of these walls was necessary due to the large embankment which
is above the road and failure of this hillside embankment would cause severe damage to
University Avenue.
un~
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
N:IENGINEERINGICOLFNCILREPORTS12008 Reports107-30.retainiug.wall.replace.cert.doc
Reviewed by: Assistant Town Manager Town Attorney
Cleric Administrator l1 -Finance ommunity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 07-10 -FISCAL YEAR 2008-09 - RETAINING WALL
REPLACEMENT PROJECT AT UNIVERSITY AVENUE AND WOODED
VIEW DRIVE PROJECT 411-815-9930
NOVEMBER 12, 2008
On September 15, 2008, The Town Council awarded the contract for this work to Casey
Construction Company. The contracted work has been completed by Casey Construction Company
and is 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 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:
The original contract approved by Council to Casey Construction was $1695679, with a
contingency budget of $16,000, for a total project budget of $185,679. The Casey Construction
contract was completed for $169,679.
Design services for the University Avenue and Wooded View Drive Retaining Wall
Replacement Project, in the amount of $6,096, were expended in FY 2007108.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 07-10 -FISCAL YEAR 2008-09 -RETAINING WALL
REPLACEMENT PROJECT AT UNIVERSITY AVENUE AND WOODED
VIEW DRIVE PROJECT 411-815-9930
NOVEMBER 12, 2008
FY 08/09 Retaining Wall Replacement' Project
University Avenue and Wooded View Drive
PROJECT 411-$154930
Available Expended/
Budget Encumbered Available
FY 2008/09Fiscal Impact Funding To Date Balance
Project 411-815-9930 $ 567,473 $ 175,775 $ 391,698
TOTALS $ 567,473 $ 175,775 $ 391,698
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Materials $106
Engineering/Design (Biggs Cardosa) 5,990
Construction (Casey Construction) 169,679
Contingency
TOTALS $ 175,775
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. 07-10 - FISCAL YEAR 2008-04
RETAINING WALL REPLACEMENT PROJECT
AT UNIVERSITY AVENUE AND WOODED VIEW DRIVE
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on September 15, 2008, the Town Council awarded a contract for PPW Job
No. 07-10 Retaining Wall Replacement Project at University Avenue and Wooded View Drive
Project 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 December 1, 2010 to guarantee the work; and
WHEREAS, the work on PPW Job No. 07-10 - Retaining Wall Replacement Project at
University Avenue and Wooded View Drive 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 1st 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. 07-10 - RETAINING WALL REPLACEMENT PROTECT AT
UNIVERSITY AVENUE AND WOODED VIEW DRIVE
TO WHOM IT MAY CONCERN:
We do hereby certify that Casey Construction Company substantially completed the work on
November 4, 2008, called for in the agreement with the Town of Los Gatos dated September 29,
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. 07-10 Retaining Wall Replacement Project at University
Avenue and Wooded View Drive 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 International Fidelity Insurance
Company.
Bond No.: 0469006
Date: 9/22/08
By:
By:
Acknowledgement Required
TOWN OF LOS GATOS
Director of Parks and Public Works
Town Manager
EXHIBIT A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 07-10
Retaining Wall Replacement Project at University Avenue and Wooded View Drive
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 , 2005 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. 07-10 - Retaining Wall Replacement Project at
University Avenue and Wooded View Drive
No. of Pages:
Date of Document:
Signer(s) Other than Named Above: Orry Korb
J U RAT
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. 07-10 Retaining Wall Replacement Project at
University Avenue and Wooded view Drive.
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Todd Capurso and Orry Korb