2005-114 - Accepting Work Of Anderson Pacific Engineering Construction, Inc. For Project 04 -26 - Fy 04 -05 - Retaining Wall Replacement And Authorizing The Town Manager To Execute Certificate Of Acceptance And Notice Of Completion For Recording By The ClRESOLUTION 2005 -114
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC.
FOR PROJECT 04 -26 - FY 04 -05 - RETAINING WALL REPLACEMENT AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, on May 2, 2005 the Town Council approved plans and
specifications for Project 04 -26 - FY 04 -05 - Retaining Wall Replacement.
WHEREAS, on June 20, 2005, the Town Council awarded the contract for this work to
Anderson Pacific Engineering Construction, Inc., as the lowest responsible bidder; and
WHEREAS, Town Council authorized staff to issue change orders to the construction
contract up to an amount of $4,000.
WHEREAS, Anderson Pacific Engineering Construction, Inc. substantially completed
the project in conformance with the plans and specifications pursuant to Council approval; and
WHEREAS, ten percent of the performance bond provided by Anderson Pacific
Engineering Construction, Inc. shall remain in place for two years until November 7, 2007, to
guarantee the work; and
WHEREAS, the work on Project 04 -26 - FY 04 -05 Retaining Wall Replacement 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 7th day of November, 2005 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
PLEASE RECORD AND RETURN TO:
Clerk Administrator
P.O. Box 949
Los Gatos, CA 95031
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PROJECT 04 -26 - FY 2004 -05 RETAINING WALL REPLACEMENT
TO WHOM IT MAY CONCERN:
We do hereby certify that Anderson Pacific Engineering Construction, Inc. substantially
completed the work on September 9, 2005 called for in the agreement with the Town of Los
Gatos dated July 7, 2005. The work is listed in the specifications prepared by the Town of Los
Gatos and generally consisted of furnishing all labor, materials, tools, equipment, and services
required for completion of FY 2004 -05 Retaining Wall Replacement Project located in the
TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed,
approved and accepted November 7, 2005.
The Surety on the bond accompanying the contract /agreement is the Safeco Insurance Company
of America.
Bond No.: 6311337
Date: June 24, 2005
TOWN OF LOS GATOS
Director of Parks and Public Works
Town Manager
I, DEBRA J. FIGONE, 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.
DEBRA J. FIGONE, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
John E. Curtis
Director of Parks and Public Works
Date:
APPROVED AS TO FORM:
Date:
Town Attorney