ITEM 4. 8
CITY MANAGER' S REPORT
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPTANCE OF PUBLIC IMPROVEMENTS
CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC.
DBA TBS CONTRACTORS FOR GENERATIONS CENTER
PARKING LOT LANDSCAPE, CIP PK 20- 23
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Taylor Backhoe Service, Inc. dba TBS
Contractors for the Construction of the Generations
Center Parking Lot Landscape, CIP PK 20- 23,
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Taylor Backhoe Service, Inc. dba TBS Contractors ( TBS) has completed the construction of the Generations Center Parking Lot Landscape, Capital Improvement Project ( CIP) PK 20- 23 ( Project). Staff has inspected the improvements and has deemed these improvements complete and in accordance with the approved plans and specifications.
TBS has submitted lien releases confirming all sub- contractors and suppliers have been paid in full, and a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the improvements constructed by TBS for the Generations Center Parking Lot Landscape, CIP PK 20- 23. Staff also requests City Council authoriz the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to TBS in the amount of $ 25, 772. 69 within forty-five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKG ROU N D:
On October 12, 2020, City Council awarded a construction contract to TBS for improvements pursuant to the Project. The project included concrete walkways, lighting, landscaping, upgrades to existing park equipment, a shade structure, picnic area with tables, benches, a BBQ, and two pickle ball courts. The benches and tables were subsequently removed from the contract to allow the City to select different options as they became available.
CITY MANAGER' S REPORT PAGE 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS FOR GENERATIONS CENTER PARKING LOT LANDSCAPE, CIP PK 20- 23
The awarded contract was for $ 531, 022, and a 10% construction contingency of 53, 102 was authorized for staff to use as necessary to achieve the goals of the Project. The total construction budget for the project was $ 584, 124. 20. During construction, contract change orders totaling $- 15, 568. 45 were issued for a final contract amount of $ 515, 453. 55. The construction costs referenced below capture all expenditures.
Construction costs are as follows:
A. Construction Contract 531, 022. 00
B. Approved Change Orders 15, 568. 45)
Total Construction Costs 515, 453. 55
Upon acceptance of the improvements, the performance and payment bonds ( Bond No. 38K008412) will be released and replaced with the warranty bond ( Bond No. 38K008412). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. TBS has also provided the necessary lien releases for the materials supplied and comp eted work.
Staff requests City Council accept the public improvements constructed by Taylor Backhoe Service dba TBS Contractors for the construction of the Generations Center Parking Lot Landscape, Capital Improvement Project ( CIP) PK 20- 23. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to TBS in the amount of 25, 772. 69 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. Staff requests that unused funds be transferred back into the Culture & Leisure CFF Fund ( 2260).
REASON FOR RECOMMENDATION:
TBS completed the project pursuant to the contract documents dated May 11, 2020.
Staff has inspected the improvements and deemed them complete and in accordance with City standards and approved plans and specifications. The performance bond Bond No. 38K008412, $ 531, 022) and payment bond ( Bond No. 38K008412, 531, 022) will be released and replaced with a one- year warranty bond ( Bond No. 38K008412, $ 57, 371. 81) upon City Council' s acceptance of the improvements. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. TBS has also provided the necessary lien releases for the materials supplied and completed work.
CITY MANAGER' S REPORT PAGE 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS FOR GENERATIONS CENTER PARKING LOT LANDSCAPE, CIP PK 20- 23
FISCAL IMPACT:
The final construction contract amount with TBS for CIP PK 20- 23 is for $515, 453. 52.
Adequate funds have been allocated in the FY 2021/ 22 budget to close out the project. With the completion of this project, staff requests that unused funds be transferred back into the Culture & Leisure CFF Fund ( 2260).
ATTACH M ENTS:
A. Resolution Accepting Public Improvements Constructed by Taylor Backhoe Service, Inc. dba TBS Contractors for the Construction of the Generations Center Parking Lot Landscape CIP PK 20- 23, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Generations Center Parking Lot Landscape, Capital Improvement Project ( CIP) PK 20- 23
C. Project Limits Map - Generations Center Parking Lot Landscape, Capital Improvement Project ( CIP) PK 20- 23
CITY MANAGER' S REPORT PAGE 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS FOR GENERATIONS CENTER PARKING LOT LANDSCAPE, CIP PK 20- 23
APPROVALS:
3- 3 - 2 ZZ
Ken Reed Date
Senior Construction Manager
3 • 31 • Zo22
Michaei King Date
Pub lic Works Director
Cari J s Date
Finance irecto
3 i- 2 v z.-
Salvador Navarrete Date
City Attorney
L
lt
Stephen J. Saivatore Date
City Manager
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTOftS FOR THE CONSTRUCTION OF THE GENERATIONS CENTER PARKING LOT LANDSCAPE CIP PK 20- 23,
AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, RELEASE OF
CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on October 12, 2020, City Council awarded a construction_ contract to Taylor Backhoe Service, Inc. dba TBS Contractors ( TBS) for the construction of Generations Center Parking Lot Landscape, CIP PK 20- 23 ( Project) in the amount of $ 531, 022, and a 10% construction contingency of $ 53, 102 was authorized for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work included concrete walkways, lighting, landscaping, upgrades to existing park equipment, a shade structure, picnic area with tables, benches, a BBQ, and two pickle ball courts; and WHEREAS, the benches and tables were subsequently removed from the contract to allow the City to select different options as they became available; and WHEREAS, TBS successfully completed applicable Project work at a cost of 515, 453. 52; and
WHEREAS, staff has inspected the improvements and has deemed them complete and in accordance with the approved plans and specifications; and WHEREAS, TBS has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and
WHEREAS, the performance bond ( Bond No. 38K008412, $ 531, 022) and payment bond ( Bond No. 38K008412, $ 531, 022) are proposed to be released and replaced with a one- year warranty bond ( Bond No. 38K008412, $ 57, 371. 81) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, staff requests City Council accept the public improvements constructed by TBS for Generations Center Parking Lot Landscape, CIP PK 20- 23; and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to TBS, in the amount of $ 25, 772. 69, within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Taylor Backhoe Service, Inc. dba TBS Contractors for improvements to Generations Center Parking Lot Landscape, CIP PK 20- 23 pursuant to the contract documents dated October 12, 2020; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to TBS, in the amount of $ 25, 772. 69, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds.
The foregoing resolution was passed and adopted this llth day of April 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT B
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRNE
LATHROP, CA 95330
Exempt from payment of recording fees( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathro 390 Towne Centre Drive Lathrou CA 95330
If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co- owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That Che nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:
Taylor Backhoe Service, Inc. dba TBS Contractors.
4. That on the 11 th day of April 2022 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: Taylor Backhoe Service, Inc. dba TBS Contractors.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Ta or Backhoe Service Inc dba TBS Contractors 1605 E. Gerard Ave. Merced, CA 95341
7. That the real property herein referred to is situated in the City of Lathrop County of San Joaquin, State of Calit'ornia, and is described as follows:
Project No CIP PK 20- 2 Generations Center Parking Lot Landscape- 450 Spartan Way, Lathrop, CA 95330
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
Th t the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
B y:
Teresa Vargas, City Clerk Date
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated April 11, 2022 by Taylor Backhoe Service Inc., dba TBS Contractors to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action ofthe City Council adopted on April ll,2022, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
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