Staff Report FBD VanguardPREPARED BY: MATT MORLEY
DIRECTOR OF PARKS AND PUBLIC WORKS
Reviewed by: Assistant Town Manager Town Attorney Finance
MEETING DATE: 09/20/16
ITEM NO: 9
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 7, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION ACCEPTING THE WORK OF
FBD VANGUARD CONSTRUCTION AND AUTHORIZE RECORDING BY THE
CLERK ADMINISTRATOR FOR PPW JOB NO. 15-813-9921 CURB RAMPS
PROJECT
RECOMMENDATION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion
(Attachment 1) accepting the work of FBD Vanguard Construction and authorize recording by the Clerk
Administrator for PPW Job No. 15-813-9921 Curb Ramps Project.
BACKGROUND:
The Town’s adopted FY 2015/16-2019/20 Capital Improvement Program (CIP) Budget designates
funding for curb, gutter, and sidewalk replacement and public access infrastructure improvement
projects. This project entailed placing curb ramps around the Town and associated curb, gutter and
sidewalk work. These areas included Town Terrace at Avery and Rushmore Lanes, Shannon Road at
Shady View Lane, Lansberry Court and Amanda Lane, Short Road at Old Blossom Hill Road and Oak
Road.
On May 3, 2016, the Town Council approved a contract award and authorized the Town Manager to
execute a construction agreement with FBD Vanguard Construction Inc. in an amount not to exceed
$93,269, which includes a 10% contingency. Additionally, Council authorized the Director of Parks and
Public Works to execute future change orders in an amount up to the allocated contingency amount of
10%.
DISCUSSION:
FBD Vanguard Construction has satisfactorily completed all of the work for this project and staff
recommends project acceptance.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION ACCEPTING THE WORK OF
FBD VANGUARD CONSTRUCTION AND AUTHORIZE RECORDING BY THE
CLERK ADMINISTRATOR FOR PPW JOB NO. 15-813-9921 CURB RAMPS
SEPTEMBER 7, 2016
DISCUSSION (cont’d):
Five percent of the faithful performance bond will remain in effect for a period of two years as guarantee
for 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.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a Certificate of
Acceptance and Notice of Completion accepting the work of FBD Vanguard Construction and authorize
recording by the Clerk Administrator for PPW Job No. 15-813-9921 Curb Ramps Project.
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 final project cost was $99,555, of which $89,309 was direct construction costs paid to FBD
Vanguard Construction, all within the project budget of $351,264 as demonstrated in the fiscal table
below:
Attachment:
1. Certificate of Acceptance and Notice of Completion
Available
Budget Project Remaining
FY 2015/16 Fiscal Impact Funding Expenditures Balance
Curb, Gutter & Sidewalk Project -
411-813-9921 351,264$ 99,555 251,709$
TOTALS 351,264$ 99,555$ 251,709$
TOTAL EXPENDITURES BY CATEGORY:
Consultation Services 8,950$
Construction 90,605$
TOTALS 99,555$
CURB, GUTTER & SIDEWALK MAINTENANCE
PROJECT 813-9921
ATTACHMENT 1
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
______________________________________________________________________________
(SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103)
TYPE OF RECORDING
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 15-813-9921 CURB RAMPS PROJECT
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 15-813-9921 CURB RAMPS PROJECT
TO WHOM IT MAY CONCERN:
I do hereby certify that FBD Vanguard Construction completed the work called for in the
agreement with the Town of Los Gatos dated May 3, 2016. 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. 15-813-
9921 Curb Ramps Project located in the TOWN OF LOS GATOS, County of Santa Clara, State
of California and was completed, approved and accepted September 20, 2016.
Bond No.: 106487495
Date: May 17, 2016
TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgement Required
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW JOB NO. 15-813-9921 CURB RAMPS PROJECT
I, LAUREL PREVETTI, 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 _____________________, 2016 at Los Gatos, California.
__________________________________________
LAUREL PREVETTI, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Date: ____________________________
Matt Morley
Director of Parks and Public Works
APPROVED AS TO FORM:
Date: ____________________________
Robert Schultz, Town Attorney
Notary Jurat Required