ITEM 4. 16
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
WESTSIDE LANDSCAPE & CONCRETE FOR THE BANTA
JOINT USE COMMUNITY PARK IMPROVEMENTS, CIP
PK 22- 40
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Westside Landscape & Concrete, Inc.
for the Banta ] oint Use Community Park
Improvements Cricket Pitch, CIP PK 22- 40,
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Westside Landscape & Concrete, Inc. ( Westside Landscape) has completed the construction of the Capital Improvement Project ( CIP) PK 22- 40 Banta School Joint Use Community Park Improvements Cricket Pitch. Staff has inspected the improvements and has deemed these improvements complete and in accordance with the approved plans and specifications.
Westside Landscape has submitted lien releases confirming all sub- contractors and suppliers have been paid in full, and a one- year warranty bond for the improvements to be accepted.
Staff requests City Council accept the improvements constructed by Westside Landscape for the Banta School Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40. 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 Westside Landscape for $ 2, 747. 70 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On March 14, 2022, City Council approved a Joint Use Agreement and related Easement Agreement between with Banta Unified School District. This ] oint Use Agreement provides community access to the 16 acres of Community Park space Banta School Joint Use Community Park) during non- school hours, including weekdays, weekends, and days when school is not in session. On April 11, 2022, City Council approved the creation of Banta School Joint Use Community Park Improvements, CIP PK 22- 40 and awarded a construction contract to Westside Landscape for the installation of the Cricket Pitch.
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT BANTA JOINT USE COMMUNITY PARK IMPROVEMENTS FOR CRICKET PITCH, CIP PK 22- 40 CONSTRUCTED BY WESTSIDE LANDSCAPE & CONCRETE As part of the Banta Joint Use Agreement, the City has provided the following upgrades:
To design and install a 15' x 100' cricket pitch within the joint use area. The pitch will be concrete based and covered with an all- weather synthetic surface.
The pitch will be located in a manner to provide minimal impact to the ability to provide multiple playing fields at the Banta School ) oint Use Community Pa rk.
Construction costs are as follows:
A. Construction Contract 56, 754
B. Credit for Aggregate Base Rock 1, 800
Total Construction Costs 54, 954
Upon acceptance of the improvements, the performance bond ( Bond No.
GRCA55587, $ 56, 754) and payment bond ( Bond No. GRCA55587, $ 56, 754) will be released and replaced with a one- year warranty bond ( GRCA55587, $ 54, 954). 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.
Westside Landscape has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Westside Landscape for the Banta School Joint Use Community Park Improvements Cricket Pitch. 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 Westside for 2, 747. 70 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 and Leisure Fees ( 2260).
REASON FOR RECOMMENDATION:
Westside Landscape has completed the project pursuant to the contract documents dated May 11, 2022. 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. GRCA55587, $ 56, 754) and payment bond ( Bond No. GRCA55587, $ 56, 754) will be released and replaced with a one- year warranty bond ( Bond No. GRCA55587, $ 54, 954) upon City Council' s acceptance of the improvements.
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT BANTA JOINT USE COMMUNITY PARK IMPROVEMENTS FOR CRICKET PITCH, CIP PK 22- 40 CONSTRUCTED BY WESTSIDE LANDSCAPE & CONCRETE 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. Westside Landscape has also provided the necessary lien releases for the materials supplied and completed work.
FISCAL IMPACT:
The final construction contract amount with Westside Landscape for CIP PK 22- 40 is for $ 54, 954. Adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of this project, staff requests that unused funds be transferred back into the Culture and Leisure Fees ( 2260).
ATTACH M ENTS:
A. Resolution Accepting Public Improvements Constructed by Westside Landscape & Concrete, Inc. for the Banta Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Banta Joint Use Community Park Improvements Cricket Pitch ( CIP) PK 22- 40
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT BANTA JOINT USE COMMUNITY PARK IMPROVEMENTS FOR CRICKET PITCH, CIP PK 22- 40 CONSTRUCTED BY WESTSIDE LANDSCAPE & CONCRETE APPROVALS:
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Carlos Carrillo Date
Management Analyst II
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Ken Reed Date
Senior Construction Manager
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Brad aylor Date
City Engineer
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Cari Ja Date
Finance ' rector
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Michael King Date
Assistant City M ager
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Salvador Navarrete Date
City Attorney
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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 WESTSIDE
LANDSCAPE & CONCRETE, INC. FOR THE BANTA JOINT USE COMMUNITY PARK IMPROVEMENTS CRICKET PITCH, CIP PK 22- 40, AUTHORIZE THE
FILING OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT
RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS WHEREAS, on March 14, 2022, City Council approved a Joint Use Agreement and related Easement Agreement between with Banta Unified School District; and WHEREAS, this Joint Use Agreement provides community access to the 16 acres of Community Park space ( Banta School Joint Use Community Park) during non- school hours, including weekdays, weekends, and days when school is not in session; and
WHEREAS, on April 11, 2022, City Council approved the creation of Banta School ) oint Use Community Park Improvements, Capital Improvement Project CIP) PK 22- 40 and awarded a construction contract to Westside Landscape and Concrete Inc. ( Westside Landscape) for the construction of Banta Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40 ( Project) in the amount of $ 56, 754 plus a 10% construction contingency of $ 5, 746 was authorized for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work included the construction of a 15' x 100' cricket pitch within the joint use area. The pitch will be concrete based and covered with an all- weather synthetic surface; and
WHEREAS, Westside Landscape successfully completed the applicable Project work at a cost of $ 54, 954; and
WHEREAS, staff has inspected the improvements and has deemed them complete and in accordance with the approved plans and specifications; and WHEREAS, Westside Landscape 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. GRCA55587, $ 56, 754) and payment bond ( Bond No. GRCA55587, $ 56, 754) are proposed to be released and replaced with a one- year warranty bond ( GRCA55587, $ 54, 954) 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 Westside Landscape for the Banta Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40; and
WHEREAS, adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of this project, staff requests that unused funds be transferred back into the Culture and Leisure Fees ( 2260); 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 $ 2, 747. 70, 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 Westside Landscape and Concrete Inc. for the Banta Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40 pursuant to the contract documents dated March 22, 2022; 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 Westside Landscape and Concrete Inc., in the amount of $ 2747. 70, 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 8t'' day of August 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 REpUESTED 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:
L That the interest or estate stated in paragraph 3 herein in the rea( property herein described is owned by:
NAME STREET AND NO. CITY STATE
Citv of Lathrop 390 Towne Centre Drive Lathrop 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 estale 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 the nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:
Westside Landscape and Concrete Inc.
4. That on the 8[ h day of August 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 wark of improvement was: Westside Landscape and Concrete Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Westside Landscape and Concrete Inc. 27107 State Highway 33 Newman CA 95360
7. That the real property herein referred to is situated in the Citv of Lathrop County of San Joaquin, State of California, and is described as follows:
Pro,Lct No. CIP PK 22- 40 Banta 7oint Use Community Park Improvements Cricket Pitch— 18001 Commercial St., Lathrop, CA 95330
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 property conveyed by the NOTICE OF COMPLETION dated August 8, 2022 by Westside Landscape and Concrete 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 August 8, 2022, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager