05 Staff Report - Civic Center HVAC Upgrades Project1. N 0 MEETING DATE: 11/2/09
A A. ITEM NO:
'5
tas GAos COUNCIL AGENDA REPORT
DATE: OCTOBER 20, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 09-01 - CIVIC CENTER HVAC UPGRADES PROJECT 411-821
2103
ADOPT A RESOLUTION ACCEPTING THE WORK OF THERMA
CORPORATION 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 Therma Corporation and authorizing the Town
Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the
Clerk Administrator.
BACKGROUND:
The adopted Capital Improvement Program FY 2008/09-2012/13 designated funding for the
Civic Center HVAC Upgrades Project. This project was identified as a priority because many of
the major components of the system were more than 40 years old and had surpassed their
expected service life. Many of these original components were in need of replacement or
upgrade due to their age, condition, and limited reliability. Increased maintenance and repair
costs, periodic failure, and energy inefficiency were the primary reasons for undertaking this
replacement and upgrade project.
TIT.q CT T.0s qMN -
On April 6, 2009, the Town Council awarded the contract for this project to Therma Corporation.
The contracted work has been completed by Therma and is being recommended for acceptance by
the Parks and Public Works Department.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by. Assistant Town Manager. Town Attorney
Clerk Administrator Finance Community Development
N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2009 reportANovember 2\AcceptwmceCivic Center HVAC Project.doc
PAGE 2
OCTOBER 20, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 09-01 -CIVIC CENTER HVAC UPGRADES PROJECT 411-821-
2103
(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 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 Town Council adopt a Resolution accepting the work of Therma
Corporation and authorize the Town Manager to execute a Certificate of Acceptance and Notice
of Completion for recording by the Cleric 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 project was completed for $411,414, which is within the authorized budget.
HVAC UPGRADES
PROJECT 411-821-2103
Available
Expended/
Budget
Encumbered
Available
FY 2009/10 Fiscal Impact
Funding
To Date
Balance
Project 411-821-2103
$ 450,000
$ 411,414
$ 38,586
TOTALS
$ 450,000
$ 411,414
$ 38,586
TOTAL EXPENDITURES BY C
ATEGORY:
Construction
$ 366,075
Design & Consulting Services
750
Engineering & Inspection
44,428
Materials
161
TOTALS $ 411,414
Attachments:
Resolution accepting work of Therma Corporation 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 THERMA CORPORATION
FOR PPW JOB NO. 09-01
CIVIC CENTER HVAC UPGRADES PROJECT
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, on April 6, 2009, the Town Council awarded a contract for the Civic Center
HVAC Upgrades Project - PPW Job No. 09-01 to Therma Corporation as the lowest responsible
bidder; and
WHEREAS, Therma Corporation 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 Therma Corporation shall
remain in place for two years until November 2, 2011, to guarantee the work; and
WHEREAS, the work on PPW Job No. 09-01 - Civic Center HVAC Upgrades 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; and
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 2"d day of November, 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. 09-01- CIVIC CENTER I VAC UPGRADES PROJECT 411-821-2103
TO WHOM IT MAY CONCERN:
We do hereby certify that Therma Corporation substantially completed the work on September
8, 2009, called for in the agreement with the Town of Los Gatos dated April 17, 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. 09-01 - CIVIC CENTER HVAC UPGRADES PROJECT 411-
821-2103 located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and
was completed, approved and accepted November 2, 2009.
The Surety accompanying the contract/agreement is the Safeco Insurance of America.
Bond No.: 6576830
Date: April 17, 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. 09-01
Civic Center HVAC Upgrades 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:
Director of Parks and Public Works
APPROVED AS TO FORM:
Town Attorney
Date:
Date:
Notary Jurat Required