ITEM 4. 14
CITY MANAGER' S REPORT
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
MARINA LANDSCAPE, INC. FOR APOLINAR
SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Marina Landscape, Inc. for Apolinar
Sangalang Park Improvements, CIP PK 20- 18,
Authorizing the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Marina Landscape, Inc. ( Marina) has completed the construction of the Apolinar Sangalang Park Improvements, Capital Improvement Project ( CIP) PK 20- 18 _ Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Marina 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 Marina 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 Marina of $ 112, 964. 43 within forty- five ( 45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On June 14, 2021, City Council awarded a construction contract to Marina for the construction of the Project. The Project scope included installation of a modular restroom, two ( 2) tennis courts, water play splash pad, playground equipment with rubberized surfacing, exterior furniture, and signage.
During construction, contract change orders were issued for a final contract amount of $ 2, 259, 229. 75. The Project' s costs referenced below capture all construction expenditures.
CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR APOLINAR SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18 Construction costs are as follows:
A. Construction Contract 2, 147, 443. 00
B. Contract Change Orders 111, 786. 75
Total Construction Contract Costs 2, 259, 229. 75
Upon acceptance of the improvements, the performance bond ( Bond No. 0239070, 2, 147, 443) and payment bond ( Bond No. 0239070, $ 2, 147, 443) will be released and replaced with a one- year warranty bond ( Bond No. 0239070- M, $ 225, 928. 86).
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.
Marina has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Marina for the Apolinar Sangalang Park Improvements, CIP PK 20- 18. 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 Marina for $ 112, 964. 43 within forty- five 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
Marina has completed the project pursuant to the contract documents dated June 12, 2021. Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Marina 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 subcontractors 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 Marina for the Project is for 2, 259, 229. 75.
CITY MANAGER' S REPORT PAGE 3
ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR APOLINAR SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18 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 Measure C Fund ( 1060).
ATTAC H M E NTS:
A. Resolution Accepting Public Improvements Constructed by Marina Landscape, Inc. for the Apolinar Sangalang Park Improvements, Capital Improvement Project PK 20- 18, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Apolinar Sangalang Park Improvements, Capital Improvement Project PK 20- 18
CITY MANAGER' S REPORT PAGE 4
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR APOLINAR SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18 APPROVALS:
c.- Rc. l X' A 1{, Z 3
Steven Hollenbeak Date
Assistant Engineer
1,Q 1r- o - ly- Zc Z 3
Ken Reed Date
Senior Construction Manager
6' 201.3
Brad aylor Date
City Engineer
a
Cari a es Date
Finance Gire tor
co S Zo Z3
Michael King Date
Assistant City Manager
jS Z
Salvador Navarrete Date
City Attorney
7•Z 3
Ste n J. Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR THE APOLINAR SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18,
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION, RELEASE OF
CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on ) une 14, 2021, City Council awarded a construction contract to Marina Landscape, Inc. ( Marina) for the construction of the Apolinar Sangalang Park Improvements, CIP PK 20- 18 ( Project) in the amount of $ 2, 147, 443, and a 10% construction contingency of $ 214, 744 was authorized for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of installing a modular restroom, two tennis courts, water play splash pad, playground equipment with rubberized surfacing and associated landscape improvements; and
WHEREAS, Marina has successfully completed the Project at a total cost of 2, 259, 229. 75; 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, Marina 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. 0239070, $ 2, 147, 443) and payment bond ( Bond No. 0239070, $ 2, 147, 443) will be released and replaced with a one- year warranty bond ( Bond No. 0239070- M, $ 225, 928. 86) 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 Marina for the Apolinar Sangalang Park Improvements, CIP PK 20- 18; 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 Marina, in the amount of $ 112, 964. 43, 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 Marina Landscape, Inc. for the Apolinar Sangalang Park Improvements, CIP PK 20- 18, pursuant to the contract documents dated June 14, 2021; 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 Marina, in the amount of $ 112, 964. 43, 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 Measure C Fund ( 1060).
The foregoing resolution was passed and adopted this lOth day of July, 2023 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
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording 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 real property herein described is owned by:
NAME STREET AND NO. CITY STATE
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 farth 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:
Marina Landscape, Inc.
4. That on the lOth day of July, 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: Marina Landscape, Inc
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Marina Landscape, Inc. 3707 W. Garden Grove Ave. Oran e CA 92868
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:
CIP PK 20- 18 Apolinar San
lanQ Park Improvements: 13470 Slate Street Lathrop, CA 95330
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge ofthe 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 July 10, 2023 by Marina Landscape, 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 July 10, 2023, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager