ITEM 4. 17
CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
DIRT DYNASTY, INC. FOR THE LATHROP AND
HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP
PS 21- 06
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Dirt Dynasty, Inc. for the Lathrop
Road and Harlan Road Intersection Improvements,
CIP PS 21- 06, Authorize the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:
On February 14, 2022, City Council awarded a construction contract to Dirt Dynasty, Inc. ( Dirt Dynasty) for the construction of the athrop Road and Harlan Road Intersection Improvements, Capital Improvement Project ( CIP) PS 21- 06 ( Project).
The Project improved the efficiency of vehicutar movement and pedestrian safety at and approaching the intersection.
These improvements have been inspected by staff and deemed complete in accordance with the approved plans and specifications by the City Engineer. Dirt Dynasty has provided a one- year warranty bond based on 10% of the completed improvement construction cost and lien releases for the improvements being accepted.
Staff is requesting City Council accept the improvements constructed by Dirt Dynasty for the Lathrop Road and Harlan Road Intersection Improvements, CIP PS 21- 06.
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 Dirt Dynasty for 10, 776 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
The increase in vehicular traffic volumes through the intersection of Lathrop Road and Harlan Road has increased the need for improvements to traffic flow. Adjacent developments including Panda Express, Sonic and Dutch Brothers increased the need for a north/ south pedestrian crossing at Lathrop Road and northbound I- 5 intersection. The Project was created to increase the intersection' s capacity by adding one exclusive left turn lane to that existing from northbound Harlan Road onto westbound Lathrop Road, and extending the left turn lane from eastbound Lathrop Road o a nort ioound Harlan Road by 90 reet.
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC.
FOR THE LATHROP AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06
The Project also increased pedestrian safety by providing a new crosswalk across Lathrop Road on the east side of its intersection with the northbound Interstate 5 ramps.
On February 14, 2022, City Council awarded a construction contract to Dirt Dynasty for the construction of these improvements. The awarded contract was for $807, 000, plus a 15% construction contingency of $ 121, 050 for a total of $ 928, 050 was authorized for staff to use as necessary to achieve the goals of the Project.
During construction, additional contract change orders were issued for a final contract amount of $ 862, 067. The construction costs referenced below capture all expenditures.
Construction costs are as follows:
A. Construction Contract 807, 000
B. Additional Change Orders 55, 067
Total Construction Cost 862, 067
The paving work was completed on December 2022; however, several locations near the intersection of Lathrop Road and Harlan Road needed to be replaced due to failure of the material. The low temperatures and consistent rain delayed the paving repairs until current summer 2023. Dirt Dynasty has completed the reconstruction of the center median islands, signal modifications, pedestrian improvements, and Microsurfacing corrective paving work. Staff has inspected these improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Upon acceptance of the improvements, the performance bond ( Bond No. 070215698, 807, 000) and payment bond ( Bond No. 070215698, $ 807, 000) will be released and replaced with a one- year warranty bond ( Bond No. 070215698- W, $ 82, 207). 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.
Dirt Dynasty has also provided the necessary lien releases for the materials supplied and completed work. Staff is requesting that City Council accept the improvements constructed by Dirt Dynasty for the Project.
Staff also requests that City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Dirt Dynasty for $ 10, 776 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC.
FOR THE LATHROP AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06
REASON FOR RECOMMENDATION:
The City Council' s acceptance of these improvements and authorization to file a Notice of Completion will allow the release of retention to Dirt Dynasty as required by the City Municipal Code.
FISCAL IMPACT:
The final construction contract amount for CIP PS 21- 06 is for $ 862, 067. 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 General Fund Street Repair Reserves ( 1010).
ATTACH M ENTS:
A. Resolution Accepting Public Improvements Constructed by Dirt Dynasty, Inc. for the Lathrop Road and Harlan Road Intersection Improvements, CIP PS 21- 06, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Lathrop Road and Harlan Road Intersection Improvements, ( CIP) PS 21- 06
CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC.
FOR THE LATHROP AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06
APPROVALS:
2 y o 3
Angel Abarca Date
Assistant Engineer
4,-
Ken Reed Date
Senior Construction Manager
3 Zo23
Brad ylor Date
City; ngineer
1 1
a • Date
inance irector
1--- f • 2`t • 2o Z3
Michael King Date
Assistant City Manager
7 -Ly- L3
Salvador Navarrete Date
City Attorney
r _ ' Fotz
8 - -T - ZoZ3
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC. FOR LATHROP ROAD AND HARLAN ROAD INTERSECTION
IMPROVEMENTS, CIP PS 21- 06, AUTHORIZE THE FILING OF A NOTICE OF
COMPLETION, RELEASE OF CONTRACT RETENTION, AND RELEASE OF
PERFORMANCE AND PAYMENT BONDS
WHEREAS, on February 14, 2022, City Council awarded a construction contract to Dirt Dynasty, Inc. ( Dirt Dynasty) for the construction of Lathrop Road and Harlan Road Intersection Improvements, Capital Improvement Project ( CIP) PS 21- 06 ( Project); and
WHEREAS, the Project included adding one exciusive left turn lane from northbound Harlan Road onto westbound Lathrop Road and extending the left turn lane from eastbound Lathrop Road onto northbound Harlan Road; and WHEREAS, pedestrian improvements provided a new crosswalk across Lathrop Road on the east side of the northbound Interstate 5 ( I- 5) ramps; and WHEREAS, Dirt Dynasty has successfully completed the reconstruction of the center median islands, signal modifications, and pedestrian improvements; and WHEREAS, staff has inspected these improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and
WHEREAS, Dirt Dynasty has provided the necessary lien releases for the materials suppiied 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. 070Z15698, $ 807, 000) and payment bond ( Bond No. 070215698, $ 807, 000) will be released and replaced with a one- year warranty bond ( Bond No. 070215698- W, $ 82, 207) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or repiacements 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 Dirty Dynasty for the Lathrop Road and Harlan Road Intersection Improvements, CIP PS 21- 06; 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 Dirt Dynasty in the amount of $ 10, 776, 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 Dirt Dynasty for Lathrop Road and Harlan Road Intersection Improvements CIP PS 21- 06; 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 Dirt Dynasty in the amount of $ 10, 776, 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 14th day of August 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
M N
RECORDING REQUESTED BY, AND
HEIV REC( RDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Erer iptfi-ont pa nie tt of recordi ig fees( GC 1! 9221
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate statrd in para raph 3 herein in the real property herein descrihed is owned by:
NAME STREET AIVD NC). CITY STATE A1vD 7_IP CODE
Citv of Lathro 390 Te>w ne Centre Dri e Lathrop CA_ 95330 If more than one owne r oC the interest stated, the name and addres of each must he stated) That the full name and address of the owner of said interest or estate, if there is only one owner, and that the fu( l names and addresse of all the cu- owners who own said interest or estate as tenants i r>mmon, as juint tenants, or otherwise, if there is more than one owner, are se[ f rth in the preceding parn, raph.
3. That the nature of the title of stated o° ner. or if more than one < wn r, then oF[ he statrd ow ner anci a- owners is fee ( e. v. fee, leasehold, joint tenancy, etc.).
That on the i-` day of Au u t ? 0 3 a w ork of improvemcnt on the real property° herein described wa, completed.
i. That thc name of the original c ntractor, if any, for said w urk of improvement was: Dirt Dynastp. Inc.
6. That the namc and address of the transferur is:
vnRq; STREET AND NC). IT' STATE AND lIP CODE
DirC Dynasty. Inc. P. O. Box 67 FarminUtun CA. 9' 30
7. That the real property herein referred to is situatcd in the City of Lathrop County of San Jouyuin.
State oCCalif rnia, and is described a5 foll ws:
Pr ject No CIP PS 21- 06 Lathrop Road and Harlan Road Inters cti n Im rovements That[ hc undersi ned has knowled e of the contents herein and state under penalry of perjurp that the fore uin is true and correct.
CITY OF LATHROP
Bv:
Stephen J. Salvatore, City Mana er Date
By:
Teresa VarQas. City Clerk Date
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated August 14, 2023 by Dirt Dynasty, 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 14, 2023, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager