2005-124 - Accepting Work Of Western States Surfacing, Inc. For The Project 04-16-Fy-04-05- Street Repair And Resurfacing And Authorizing The Town Manager To Execute Certificate Of Acceptance And Notice Of Completion For Recording By The Clerk AdministatRESOLUTION 2005 -124
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF WESTERN STATES SURFACING, INC.
FOR PROJECT 04 -16 - FY 04 -05 - STREET REPAIR AND RESURFACING AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, on May 6, 2005 the Town Council approved plans and
specifications for Project 04 -16 - FY 04 -05 - Street Repair and Resurfacing.
WHEREAS, on July 1, 2005, during the Council legislative recess, the Town
Manager awarded the contract for this work to Western States Surfacing, Inc., as the lowest
responsible bidder; and
WHEREAS, the Town Manager authorized staff to issue change orders to the
construction contract up to an amount of $90,000.
WHEREAS, Western States Surfacing, 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 Western States
Surfacing, Inc. shall remain in place for two years until December 5, 2007, to guarantee the
work; and
'WHEREAS, the work on Project 04 -16 - FY 04 -05 Street Repair and Resurfacing
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 5th day of December, 2005 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasseran,
Mayor Diane McNutt.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: t Ial t &'10
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
QJ
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
E • 0, 0+3
PLEASE RECORD AND RETURN TO:
Cleric Administrator
P.O. Box 949
Los Gatos, CA 95031
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PROJECT 04 -16 - FY 2004 -05 - STREET REPAIR AND RESURFACING
TO WHOM IT MAY CONCERN:
We do hereby certify, that Western States Surfacing, Inc. substantially completed the work on
October 28, 2005 called for in the agreement with the Town of Los Gatos dated July 20, 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
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 5, 2005.
The Surety on the bond accompanying the contract /agreement is the Western Surety Company.
Bond No.: 929374639
Date: July 28, 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
APPROVED AS TO FORM:
Date:
Date:
Town Attorney