ITEM 4. 8
CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
A. TEICHERT & SON, INC., DBA TEICHERT
CONSTRUCTION FOR THE RECYCLED WATER RIVER
DISCHARGE, CIP WW 20- 17
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by A. Teichert & Son, Inc., dba Teichert
Construction for the Recycled Water River Discharge,
CIP WW 20- 17, Authorizing the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:
A. Teichert & Son, Inc., dba Teichert Construction ( Teichert) has completed the construction of the Recycled Water River Discharge, Capital Improvement Project CIP) WW 20- 17 ( Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Teichert has submitted lien releases confirming all sub -contractors and suppliers have been paid in full and provided a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the completed improvements constructed by Teichert for the Project. 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 Teichert of $ 201, 538 within forty- five ( 45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On August 9, 2021, City Council awarded a construction contract in the amount of 3, 382, 000 to A. Teichert & Son, Inc., dba Teichert Construction for the construction of the Project. The improvements included construction of two ( 2) segments of pipeline and a river outfall structure. These segments were connected to the existing pipeline, providing a complete connection from the City' s Consolidated Treatment Facility to the San Joaquin River ( River), allowing for the conveyance and discharge of recycled water to the River.
During construction, contract change orders were issued for a final contract amount of $ 4, 030, 756. The Project' s costs referenced below capture all construction expenditures.
CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TEICHERT CONSTRUCTION FOR THE RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17
Construction costs are as follows:
A. Construction Contract $ 3, 382, 000
B. Contract Change Orders $ 648, 756
Total Construction Contract Costs $ 4, 030, 756
Upon acceptance of the improvements, the performance bond ( Bond No. 070214799, 3, 382, 000 and payment bond ( Bond No. 070214799, $ 3, 382, 000) will be released and replaced with a one- year warranty bond ( Bond No. 070214799, $ 3, 382, 000).
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.
Teichert has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Teichert for the Recycled Water River Discharge, CIP WW 20- 17. 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 Teichert for $ 201, 538 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
Teichert has completed the project pursuant to the construction contract documents.
Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Teichert has submitted a one- year warranty bond for the improvements to be accepted ( based on 10% of the construction contract) and lien releases confirming all sub -contractors and suppliers have been paid in full. 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.
The performance bond and payment bond will be released and replaced with the oneyear warranty bond ( based on 10% of the contract price) upon City Council' s acceptance of the improvements.
FISCAL IMPACT:
The final construction contract amount with Teichert for the Project is for $4, 030, 756.
CITY MANAGER' S REPORT PAGE 3
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TEICHERT CONSTRUCTION FOR THE RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17
Adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of the Project, staff requests that unused funds be transferred back into the Water Replacement CIP Fund ( 5600).
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by A. Teichert & Son, Inc., dba Teichert Construction for the Recycled Water River Discharge, CIP WW 20- 17, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Recycled Water River Discharge, Capital Improvement Project WW 20- 17
CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TEICHERT
FOR THE RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17
APPROVALS:
A
Ken Reed
Senior Construction Manager
Brad ylor
City Engineer
Michael King
Assistant City Manager
Salvador Navarrete
City Attorney
St en J. Salvatore
City Manager
5 - 30 -2023
Date
s1? 1 / zO23
Date
Date
Co - S- ZoZ3
Date
Date
0 - I.2-3
Date
PAGE 4
CONSTRUCTION
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY A. TEICHERT & SON, INC., DBA
TEICHERT CONSTRUCTION FOR THE RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17, AUTHORIZING THE FILING OF A NOTICE OF COMPLETION,
RELEASE OF CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND
PAYMENT BONDS
WHEREAS, on August 9, 2021, City Council awarded a construction contract to A. Teichert & Son, Inc., dba Teichert Construction ( Teichert) for the construction of the Recycled Water River Discharge, CIP WW 20- 17 ( Project), in the amount of 3, 382, 000, and a 10% construction contingency of $ 382, 000 was authorized for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work included construction of two ( 2) segments of pipeline and a river outfall structure providing a complete connection from the City' s Consolidated Treatment Facility to the San Joaquin River ( River), allowing for the conveyance and discharge of recycled water to the River; and WHEREAS, Teichert has successfully completed the Project at a total cost of 4, 030, 756; and
WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, Teichert 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. 070214799, $ 3, 382, 000 and payment bond ( Bond No. 070214799, $ 3, 382, 000) will be released and replaced with a one- year warranty bond ( Bond No. 070214799, $ 3, 382, 000) 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, adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of the Project, staff requests that unused funds be transfer; and
WHEREAS, staff requests City Council accept the public improvements constructed by Teichert for the Recycled Water River Discharge, CIP WW 20- 17; 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 Teichert, in the amount of $ 201, 538 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 completed public improvements constructed by Teichert for the Recycled Water River Discharge, CIP WW 20- 17, pursuant to the construction contract documents; 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 Teichert, in the amount of $ 201, 538, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the unused funds be transferred back into the Water Replacement CIP Fund 5600).
The foregoing resolution was passed and adopted this 12th day of June, 2023 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
RECORDING REQUESTED 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:
ATTACHMENT
o g to
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 AND ZIP CODE
City 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 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 the nature of title or the stated owner, or if more than one owner, then of the stated owner and co -owners is:
A. Teichert & Son, Inc., dba Teichert Construction.
4. That on the 12th day of June 2023 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: A. Teichert & Son, Inc., dba Teichert Construction
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE AND ZIP CODE
A. Teichert & Son, Inc., dba Teichert Construction 140 Empire Avenue Modesto CA 95354
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:
CIP WW 20- 17 RECYCLED WATER RIVER DISCHARGE, Lathrop, CA 95330
CITY OF LATHROP
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.
By:
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 June 12, 2023 by A. Teichert & Son, Inc., dba Teichert Construction 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 June 12, 2023, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
PAGE LEFT
INTENTIONALLY
BLANK