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17 Staff Report - Downtown Alley ImprovementsDATE: TO: FROM: COUNCIL AGENDA REPORT JULy 13,2004 MAYORANDTOWNCOUNC~/ CHAIR AND MEMBERS OF THE MEETING DATE:8/2/04 ITEM NO.11 SUBJECT:PROJECT 03-44 -DOWNTOWN ALLEY IMPROVEMENTS RESOLUTION ACCEPTING WORK OF JOSEPH J.ALBANESE,INC.AND AUTHORIZING THE TOWN MANAGERlEXECUTNE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK/SECRETARY TO THE REDEVELOPMENT AGENCY RECOMMENDATION: Adopt resolution accepting work of Joseph J.Albanese,Inc.and authorizing the Town Manager/Executive Director to execute Certificate of Acceptance and Notice of Completion for recording by Town Clerk/Secretary ofthe Redevelopment Agency. BACKGROUND: On March 1,2004,the CounciV Agency approved plans and specifications for the Downtown Alley Improvements and authorized staffto advertise the project for bids. On April 19,2004,the Council/Agency awarded the contract for this work to Joseph J.Albanese, Inc.,as the lowest responsible bidder. On July 2,2004,the project was substantially completed.The execution andrecordation of the Certificate of Acceptance is now required to finalize the Town's acceptance ofthe project. DISCUSSION: The Town Council,at its meeting on January 22,2002,adopted a policy for the Town to assume the maintenance responsibility for 14 alleys in the Redevelopment Agency area.These alleys were primarily in two areas;a group of 9 alleys in the Almond Grove area,and a group of 5 alleys in the J ohnson Avenue/Lorna Alta Avenue area.The condition of these alleys had deteriorated over the years to a point that some o~all~h~into gravel pathways. PREPARED BY:J HNE.CURTIS ,irector of Parks and Public Works Reviewed by:~Assistant Town Manager (Qr;A-t-to...;.,.m...;.,....;.,.ey-=----_-_-_-~C-l-er-k-~~-CF--in-an-c-e--- Community Development Revised:7/14/04 11:15 am Reformatted:5/30/02 N:\B&E\COUNCIL REPORTS\03-44.cert.of.accept.albanese.wpd J 1 I PAGE 2 MAYOR AND TOWN COUNCIL! CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT:PROJECT 03-44 -DOWNTOWN ALLEY IMPROVEMENTS JULY 13,2004 The adopted Capital Improvement Program designates funding for the Downtown Alley Improvements and is consistent with the Town's goals to improve public safety. The contracted work has been completed by Joseph J.Albanese,Inc.and is accepted by the Parks and Public Works Department.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 bydefective materials and workmanship.Staff recommends that the Certificate of Acceptance and Notice of Completion be executed and recorded. ENVIRONMENTAL ASSESSMENT: This proj ect is Categorically Exempt pursuant to Sections 15301 ©)and 153 04(b)of the State CEQ A guidelines. FISCAL IMP ACT: The original contract approved by the Council/Agency was for $198,922.00,with a contingency b]..ldget of $12,000.The project was completed for $210,876.00,which is under the total project approved budget.Project contingency funds were used to cover unforseen issues that arose during the course of construction or changes that were made to the project due to actual field conditions. ITotal Alley Improvements 930-0344 i I I L.-..._._....¥_~~0 03/0 4 --.-.L ._.~------------.-----...----.--L---._.._..__.._...._.....J IFY 2003/04 Carry Forward I 236,212 I 234,864 i ; lTotal Alley Improvements 930-0344 !$236,212 !$234,864 !$1,348 J Attachments: Resolution accepting work of Joseph J.Albanese,Inc.(with Exhibit A)Certificate of Acceptance and Notice of Completion. I j I j I RESOLUTION 2004 -llRD RESOLUTION OF THE TOWN COUNCIIJREDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTlNG WORK OF JOSEPH J.ALBANESE,lNe. FOR PROJECT 03-44 -DOWNTOWN ALLEY IMPROVEMENTS AND AUTHORIZlNG THE TOWN MANAGERJEXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDlNG BY TOWN CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY WHEREAS,on March 1,2004,the Council/Agency approved plans and specifications for the Downtown Alley Improvements and authorized staff to advertise the project for bids,and WHEREAS,on April 19,2004,the Council/Agency awarded the contract for this work to Joseph J.Albanese,Inc.,as the lowest responsible bidder;and WHEREAS,Council/Agency authorized staff to issue change orders to the construction contract up to an amount of $12,000. WHEREAS,Joseph J.Albanese,Inc.substantially completed the project in conformance with the plans and specifications pursuant to Council!Agency approval;and WHEREAS,ten percent of the performance bond provided by Joseph J.Albanese,Inc. shall remain in place for two years until August 2,2006,to guarantee the work;and WHEREAS,the work on Project 03-44 -Downtown Alley Improvements is hereby accepted as complete pursuant to the plans and specifications for the project. NOW THEREFORE BE IT RESOLVED,that the Town ManagerlExecutive Director 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 Town Clerk/Secretary of the Redevelopment Agency 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 CouncillRedevelopment Agency of the Town of Los Gatos,California,held on the 2nd day of August,2004 by the following vote. COUNCILIAGENCY MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Sandy Decker,Diane McNutt,Joe Pirzynski,Mike Wasserman, Mayor Steve Glickman. None None None ATTEST: SIGNED:lsi Steve Glickman MAYOR OF THE TOWN OF LOS GATOSI CHAIR OF THE REDEVELOPMENT AGENCY LOS GATOS,CALIFORNIA lsi Marian V.Cosgrove CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY LOS GATOS,CALIFORNIA J RESOLUTION 2004 -99 RESOLUTION OF THE TOWN COUNCILIREDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF JOSEPH J.ALBANESE,INC. FOR PROJECT 03-44 -DOWNTOWN ALLEY IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGERlEXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY WHEREAS,on March 1,2004,the Council/Agency approved plans and specifications for the Downtown Alley Improvements and authorized staff to advertise the project for bids,and WHEREAS,on April 19,2004,the Council/Agency awarded the contract for this work to Joseph J.Albanese,Inc.,as the lowest responsible bidder;and WHEREAS,Council/Agency authorized staff to issue change orders to the construction contract up to an amount of $12,000. WHEREAS,Joseph J.Albanese,Inc.substantially completed the project in conformance with the plans and specifications pursuant to Council!Agency approval;and WHEREAS,ten percent of the performance bond provided by Joseph J.Albanese,Inc. shall remain in placefor two years until August 2,2006,to guarantee the work;and WHEREAS,the work on Project 03-44 -Downtown Alley Improvements is hereby accepted as complete pursuant to the plans and specifications for the project. NOW THEREFORE BE IT RESOLVED,that the Town Manager/Executive Director 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 Town Clerk/Secretary of the Redevelopment Agency 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 CouncillRedevelopment Agency of the Town of Los Gatos,California,held on the 2nd day of August,2004 by the following vote. COUNCILIAGENCY MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Sandy Decker,Diane McNutt,Joe Pirzynski,Mike Wasserman, Mayor Steve Glickman. None None None ATTEST: SIGNED:lsi Steve Glickman MAYOR OF THE TOWN OF LOS GATOSI CHAIR OF THE REDEVELOPMENT AGENCY LOS GATOS,CALIFORNIA lsi Marian V.Cosgrove CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY LOS GATOS,CALIFORNIA PLEASE RECORD AND RETURN TO: Town Clerk/Secretary ofthe Redevelopment Agency P.O.Box 949 Los Gatos,CA 95031 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PROJECT 03-44 -DOWNTOWN ALLEY IMPROVEMENTS TO WHOM IT MAY CONCERN: We do hereby certify that Joseph J.Albanese,Inc.substantially completed the work on July 2, 2004 called for in the agreement with the Town of Los Gatos dated April 21,2004.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 the Downtown Alley Improvements located in the TOWN OF LOS GATOS,County of Santa Clara,State of California and was completed,approved and accepted August 2,2004. The Surety on the bond accompanying the contract/agreement is the Travelers Casualty and Surety Company of America. Bond No.:104316144 Date:May 10,2004 TOWN OF LOS GATOS By:_ Director of Parks and Public Works By:_ Town Manager/Executive Director Exhibit A I,DEBRA J.FIGONE,the Town Manager/Executive Director ofthe 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 2004 at Los Gatos,California. DEBRAJ.FIGONE,TOWNMANAGERlEXECUTNEDIRECTOR Town of Los Gatos RECOMMENDED BY: Date: Director of Parks and Public Works APPROVED AS TO FORM: Date: Town Attorney/General Counsel TOWN OF LOS GATOS,CALIFORNIA,ACKNOWLEDGMENT State of California County of Santa Clara On before me,MARIAN V.COSGROVE,Town Clerk/Secretary of the Redevelopment Agency,personally appeared DEBRA J.FIGONE,Town Manager/Executive Director,personally lmown to me to be the person whose name is subscribed to the within instrument and aclmowledged to me that he executed the same in his authorized capacity,and that by his signature on the within instrument the entity upon behalf of which the person acted,The Town of Los Gatos,executed the instrument. WITNESS my hand and official seal. Town Clerk/Secretary of the Redevelopment Agency of the Town of Los Gatos Los Gatos,California CAPACITY CLAIMED BY SIGNER: Municipal Officer of the Town of Los Gatos DESCRIPTION OF ATTACHED DOCUMENT: Title of Document:Certificate of Acceptance and Notice of Completion Project 03-44 -Downtown Alley Improvements Number of Pages:2 Date of Document: Signer(s)Other than Named Above:None