12 Staff Report - Annual Street Repair and Resurfacing Project~p~4 N o
tos c p,~o5
DATE:
TO:
FROM
COUNCIL AGENDA REPORT
DECEMBER 4, 2008
MAYOR AND TOWN COUNCIL
MEETING DATE: 12/15/08
ITEM NO: 191,
GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 07-04 - FISCAL YEAR 2007108 ANNUAL STREET REPAIR
AND RESURFACING PROJECT 411-811-9901
ADOPT RESOLUTION ACCEPTING WORK OF G. BORTOLOTTO &
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 G. Bortolotto & Company and authorizing the Town
Manager to execute Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
In Fiscal Year 2001102 the Town Council acknowledged the importance of improving the
condition of Town streets and approved allocation of resources to achieve this objective. The
adopted Capital Improvement Program designates funding for the Street Repair and Resurfacing
Program and is consistent with the Town's goals to improve public safety and to improve the
quality of Town streets.
DISCUSSION:
This program included the following list of streets to receive treatment within a given budget:
Streets that received chip seal included Almond Blossom Court, Almond Blossom Lane, Capri
Drive, Castlewood Drive, Dardanelli Lane, Harwood Court, Teakwood Avenue, Teakwood
Court, Weldwood Avenue, and Weldwood Court. Streets that received asphalt overlay included
Central Avenue, Central Court, Grove Street, Jackson Street, Lester Lane, Oak Hill Way,
Orchard Street, Vasona Avenue, and West Central Avenue.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
NAENGMEERINGICOUNCIL REPORTS12008 Reports107-04.fy07-08.snnull.street.resurf.cert,doe
Reviewed by: Assistant Town Manager
Clerk Administrator 21-- Finance
Town Attorney
1munity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 07-04 - FISCAL YEAR 2007108 - ANNUAL STREET REPAIR
AND RESURFACING PROJECT 411-811-9901
DECEMBER 4, 2008
On February 19, 2008, The Town Council awarded the contract for this work to G. Bortolotto &
Company. The contracted work has been completed by G. Bortolotto & 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 (2) 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:
While the original amount of the contract approved by council was $826,387, the project was
completed for $696,486. This leaves $958,134 in the General Fund Appropriated Reserve
(Program #411-811-9901) and $693,224 in the Gas Tax account (Program #811-811-9901),
totaling $1,630,908 available in the Annual Street Repair and Resurfacing Project in FY
200812009.
Attachments:
Resolution accepting work of G. Bortolott:o & 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 G. BORTOLOTTO & COMPANY FOR
PPW JOB NO. 07-04 - FISCAL YEAR 2007-08
ANNUAL STREET REPAIR AND RESURFACING PROJECT
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on February 19, 2008, the Town Council awarded a contract for PPW Job
No. 07-04 - Annual Street Repair and Resurfacing Project to G. Bortolotto and Company as the
lowest responsible bidder; and
WHEREAS, G. Bortolotto & 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 G. Bortolotto & Company
shall remain in place for two years until December 15, 2010 to guarantee the work; and
WHEREAS, the work on PPW Job No. 07-04 Annual Street Repair and Resurfacing
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 15t" 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. 07-04 - ANNUAL STREET REPAIR AND RESURFACING PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that G. Bortolotto & Company substantially completed the work on
November 7, 2008, called for in the agreement with the Town of Los Gatos dated March 10,
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. 07-04 - Annual Street Repair and Resurfacing Project located in
the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed,
approved and accepted December 15, 2008.
The Surety accompanying the contract/agreement is the Travelers Casualty and Insurance
Company of America,
Bond No.: 104999490
Date: 2127108
By:
Acknowledgement Required
TOWN OF LOS GATOS
By:
Director of Parks and Public Works
Town Manager
EXHIBIT A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 07-04
Annual Street Repair and Resurfacing 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
PP'W Job No. 07-04 - Annual Street Repair and Resurfacing Project
No. of Pages:
Date of Document:
Signer(s) Other than Named Above: Orry Korb
State of California J U RAT
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. 07-04 - Annual Street Repair and Resurfacing
Project
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Todd Capurso and Orry Korb