ITEM 4.7
CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: ACCEPTANCE OF PUBLIC IMPROVEMENTS
CONSTRUCTED BY BENTON FENCE & DRILLING, INC.
FOR GENERATIONS CENTER SKATE PARK FENCE, CIP
PK 22- 13
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Benton Fence & Drilling, Inc. for
Generations Center Skate Park Fence, CIP PK 22- 13,
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Benton Fence and Drilling, Inc. ( Benton) has completed the construction of the Generations Center Skate Park Fence, Capital Improvement Project ( CIP) PK 22- 13 Project). Staff has inspected the improvements and has deemed these improvements complete and in accordance with the approved plans and specifications.
Benton 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 Benton for the Generations Center Skate Park Fence, CIP PK 22- 13. 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 Benton in the amount of $ 3, 112. 26 within forty-five 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
The skate park at the Generations Center has recently experienced vandalism and after- hours use, with the latter generating a huge concern from nearby residents. In order for the City to restrict access to the skate park outside of park usage hours, a perimeter security fence with security lighting and a surveillance camera system was proposed to and approved by City Council on June 3, 2021. The auto locking gates will allow the City to keep the skate park locked outside of park usage hours, and will also allow manual control of the locks for special events.
CITY MANAGER' S REPORT PAGE 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS CONSTRUCTED BY BENTON FENCE AND DRILLING, INC. FOR GENERATIONS CENTER SKATEPARK FENCE, CIP PK 22- 13
On September 13, 2021, City Council awarded a construction contract to Benton for the construction of the fence and related improvements. Improvements included 625 lineal feet of steel security fence with four auto- locking gates, and concrete light foundations and concrete mow strip under fence segments spanning turf ( see Attachment C - As Built Drawing). The awarded contract was for $ 110, 280, and a 10% construction contingency of $ 11, 028 was authorized for staff to use as necessary to achieve the goals of the Project. The total construction budget for the project was $ 121, 308. During construction, contract change orders totaling $ 8, 925 were issued for a final contract amount of $ 119, 205. The construction costs referenced below capture all expenditures.
Construction costs are as follows:
A. Construction Contract 110, 280. 00
B. Approved Change Orders 8, 925. 00
Total Construction Costs 119, 205. 00
Upon acceptance of the improvements, the performance bond ( Bond No.
GRCA53471, $ 110, 280) and payment bond ( Bond No. GRCA53471, $ 110, 280) will be released and replaced with the warranty bond ( Bond No. GRCA53471, $ 11, 028).
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.
Benton has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the public improvements constructed by Benton Fence and Drilling, Inc. for the construction of the Generations Center Skate Park Fence, CIP PK 22- 13. 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 Benton in the amount of $ 3, 112. 26 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 Measure C Fund ( 1060).
REASON FOR RECOMMENDATION:
Benton has completed the project pursuant to the contract documents dated September 13, 2021. Staff has inspected the improvements and deemed them complete and in accordance with City standards and approved plans and specifications.
CITY MANAGER' S REPORT PAGE 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS CONSTRUCTED BY BENTON FENCE AND DRILLING, INC. FOR GENERATIONS CENTER SKATEPARK FENCE, CIP PK 22- 13
The performance bond ( Bond No. GRCA53471, $ 110, 280) and payment bond ( Bond No. GRCA53471, $ 110, 280) will be released and replaced with the warranty bond Bond No. GRCA53471, $ 11, 028) upon City Council' s acceptance of the improvements. Benton has also provided the necessary lien releases for the materials supplied and completed work.
FISCAL IMPACT:
The final construction contract amount with Benton for CIP PK 22- 13 is $ 119, 205.
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 Measure C Fund ( 1060).
ATTACH M ENTS:
A. Resolution Accepting Public Improvements Constructed by Benton Fence & Drilling, Inc. for Generations Center Skate Park Fence, CIP PK 22- 13, 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 Skate Park Fence, Capital Improvement Project ( CIP) PK 22- 13
C. Project Limits Map - Generations Center Skate Park Fence, Capital Improvement Project ( CIP) PK 22- 13
CITY MANAGER' S REPORT PAGE 4
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS CONSTRUCTED BY BENTON FENCE AND DRILLING, INC. FOR GENERATIONS CENTER SKATEPARK FENCE, CIP PK 22- 13
APPROVALS:
5 - 2 - ZoZz
Ken Reed Date
Senior Construction Manager
y- 2 • ZoZ2
Michael King Date
Public Works Director
j-aCari Ja es Date
Finance Di ector
S. Z.— 2,p Z.Z
Salvador Navarrete Date
City Attorney
S •ZZ
St en J. Salvatore Date
City Manager
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY BENTON FENCE & DRILLING, INC. FOR GENERATIONS CENTER SKATE PARK FENCE, CIP PK 22- 13, AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, RELEASE OF
CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on September 13, 2021, City Council awarded a construction contract to Benton Fence and Drilling, Inc. ( Benton) for the construction of Generations Center Skate Park Fence, CIP PK 22- 13 ( Project) in the amount of 110, 280, and a 10% construction contingency of $ 11, 028 was authorized for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work included a steel security fence with concrete mow strip and 3 gates; and
WHEREAS, Benton successfully completed the applicable Project work at a cost of $ 119, 205; and
WHEREAS, staff has inspected the improvements and has deemed them complete and in accordance with the approved plans and specifications; and WHEREAS, Benton 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. GRCA53471, $ 110, 280) and payment bond ( Bond No. GRCA53471, $ 110, 280) are proposed to be released and replaced with a one- year warranty bond ( Bond No. GRCA53471, $ 11, 028) 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 Benton for Generations Center Skate Park Fence, CIP PK 22- 13; 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 Benton, in the amount of $ 3, 112. 26, within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
The foregoing resolution was passed and adopted this 16th day of May 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 REOUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
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:
1. 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 Lathrop 390 Towne Centre Drive Lathrop CA 95 30 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, ifthere is more than one owner, are set forth in the preceding paragraph.
3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:
Benton Fence and DrillinQ, Inc.
4. That on the 16th day of May 2022 a work of improvement on the real property herein described was completed.
5. That the name ofthe original contractor, if'any, for said work ofimprovement was: Benton Fence and Drillin, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
BenCon Fence and DrillinQ, Inc. P. O. Box 190 Acampo CA 95341
7. That the real property herein referred to is situated in the City of Lathrop County of San Joaquin, State of California, and is described as follows:
Proiect No. CIP PK 22- 13 Generations Center Skate Park Fence- 450 Spartan Way Lathrop CA 953 0
CITY OF LATHROP
B y:
Stephen J. Salvatore, City Manager Date
That 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 properry conveyed by the NOTICE OF COMPLETION dated May 16, 2022 by Benton Fence and Drilling, Inc. 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 of the City Council adopted on May 16, 2022, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
ATTACHMENT C — AS BUILT DRAWING
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