14 Staff Report - Tree Pruning and Removal Projectow N of MEETING DATE: 6115109
ITEM NO:
{o os COUNCIL AGENDA REPORT
S GAT
DATE: MAY 27, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW PROJECT NO A09-16 -FY 2008-09 -TREE PRUNING AND REMOVAL
PROJECT
ADOPT A RESOLUTION ACCEPTING THE WORK OF TRUGREEN
LANDCARE 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 TruGreen LandCare and authorizing the Town
Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
The original project scope was to trim 143 street trees in four specific locations, and obtain
itemized unit pricing for additional unanticipated or emergency work. Because of the base bid
coming in lower than expected, additional tree trimming was accomplished at five park sites
which reduced potential liability around playgrounds structures and picnic areas. Additional tree
trimming was accomplished at the Civic Center and Neighborhood Center facilities, including
the front lawn area at the Civic Center.
DISCUSSION:
On January 20, 2009, the Town Council awarded the contract for this project to TruG1•een
LandCare. The work has been satisfactorily completed by the contractor and is accepted by the
Parks and Public Works Department.
PREPARED BY:
61~7_~~o
TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Assistant Town Manager own Attorney
Clerk Administrator inance Community Development
N:WPWWAAIAGLMENTICOUNCILICOUNCIL RF.PORTS\2009 reT)OASUune I51TreePruning.Proi. A09 16 2009.doe
PAGE2
MAY 27, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PPW PROJECT NO. A09-16 FY 2008-09 - TREE PRUNING AND REMOVAL
PROJECT
f DISCUSSION cont'd)
Ten percent of the faithful performance bond will remain in effect for a period of two years to
guarantee any defects in 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 TruCneen
LandCare 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 15301c). A Notice
of Exemption will not be tiled.
FISCAL IMPACT:
The agreement was approved by Council in the total amount of $79,440. The combined
expenditures under this agreement were $77,980.
Attachments:
Resolution accepting work of TruGreen LandCare and authorizing the Town Manager to execute
a Certificate of Acceptance and Notice of Completion..
Attachment I
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
FOR TREE PRUNING AND REMOVAL REPLACEMENT PROJECT NO. 09-16
ACCEPTING THE WORK OF TRUGREEN LANDCARE
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on January 20, 2009, the Town Council awarded a contract for Tree
Pruning and Removal, Project No - A09-16 to TruGreen LandCare as the lowest responsible
bidder; and
WHEREAS, TruGreen LandCare substantially completed the project in conformance
with the Town's bid process and pursuant to Council approval; and
WHEREAS, ten percent of the faithful performance bond provided by TruGreen
LandCare shall remain in place for two years until June 15, 2011 to guarantee the work; and
WHEREAS, the work on Project No A09-16 Tree Pruning and Removal 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 151h 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
PROJECT NO A09-16 - TREE PRUNING AND REMOVAL PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that TruGreen LandCare substantially completed the work on June 01,
2009, called for in the agreement with the Town of Los Gatos dated February 11, 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 Project No A09-16 - Tree Pruning and Removal 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 the WESTCHESTER FIRE Insurance
Company.
Bond No.: K08243104
Date: February 02, 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. 09-16
Tree Pruning and Removal 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
APPROVED AS TO FORM:
Orry P. Korb
Town Attorney
Date:
Date:
Notary Jurat Required