12 Staff Report - FY 2008/09 CDBG Funded ADA Improvementsta~N of
MEETING DATE: 6/15/09
ITEM NO:
5
~
s`
A
COUNCIL AGENDA REPORT
o
~
c
DATE: MAY 29, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 09-05 FY 2008/09 CDBG FUNDED ADA IMPROVEMENTS
ADOPT A RESOLUTION ACCEPTING THE WORK OF CB
CONSTRUCTION COMPANY AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND
NOTICE OF COMPLETION FOR RECORDING BY THE CLERK
ADMINISTRATOR
RECOMMENDATION:
Adopt a Resolution accepting the work of CB Construction Company and authorizing the Town
Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
This project successfully installed wheelchair accessibility ramps at various street intersections
in compliance with the American with Disability Act (ADA). This is consistent with the Town's
goals to improve public health and safety and meets the eligibility requirements for the federal
CDBG grant program.
DISCUSSION:
On March 16, 2009, the Town Council awarded a contract for this project to CB Construction
Company.
The contracted work has been satisfactorily completed by CB Construction Company and is
accepted by the Parks and Public Works Depa ent.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by 'SLAssistant Town Manager CA--Town Attorney
Clerk Administrator in ce Community Development
NAPPWIMANAGF-MFNTICOUNCILICOUNCIL RE.PORTS12009 repoilsUmic
151Acceplanee.NoticeCompl ete. CBCONSTRUCTION. CDBG.doc
PAGE 2
MAY 29, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 09-05 - FY 2008109 CDBG FUNDED ADA IMPROVEMENTS
PROJECT
(DISCUSSION cont'd)
Ten percent of the faithful performance bond will remain in effect for a period of two years to
guarantee any needed repair 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 the Town Council adopt a Resolution accepting the work of CB Construction
Company and authorize the Town Manager to execute a 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 15301 c). A Notice
of Exemption will not be filed.
FISCAL IMPACT:
The original agreement approved by Council was for an amount of $39,805. There was an
additional authorized contingency amount of $5,000, bringing the total overall authorized budget
to $44,805.
The project was completed for $43,995 which is within the total authorized budget.
AttanhmPntc-
Resolution accepting the work of CB Construction Company and authorizing the Town Manager
to execute a Certificate of Acceptance and Notice of Completion.
Attachment 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING THE WORK OF REPUBLIC ITS
FOR PPW JOB NO. 09-05
FY 2008109 CDBG FUNDED ADA IMPROVEMENT PROJECT
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on March 16, 2009, the Town Council awarded a contract for the FY
2008109 CDBG funded ADA improvement Project - PPW Job No. 09-05 to CB Construction
Company as the lowest responsible bidder; and
WHEREAS, CB 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 CB Construction
Company shall remain in place for two years until June 15, 2011 to guarantee the work; and
WHEREAS, the work on PPW Job No. 09-05 - FY 2008109 CDBG funded ADA
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
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 151' day of June, 2009 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. 09-05 - FY 200$109 CDBG FUNDED ADA IMPROVEMENT PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that CB Construction Company substantially completed the work on May
29, 2009, called for in the agreement with the Town of Los Gatos dated March 16, 2009. 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. 09-05 - FY 2008109 CDBG funded ADA improvement project
located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was
completed, approved and accepted June 15, 2009.
The Surety accompanying the contract/agreement is Nationwide Mutual Insurance Co.
Date: February 25, 2009
TOWN OF LOS GATOS
By:
Todd Capurso, Director
Parks and Public Works
By:
Greg Larson, Town Manager
Acknowledgement Required
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 09-05
FY 2008109 CDBG funded ADA 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 , 2009 at Los Gatos, California.
GREG LARSON, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Todd Capurso
Director of Parks and Public Works
Date:
APPROVED AS TO FORM:
Date:
Orry P. Korb
Town Attorney
Notary Jurist Required