ITEM 4. 17
CITY MANAGER' S REPORT
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
TIM PAXIN' S PACIFIC EXCAVATION, INC. DBA
PACIFIC EXCAVATION FOR STREETLIGHTS
ASSOCIATED WITH LOUISE AVENUE LANDSCAPE,
CIP GG 21- 15
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Tim Paxin' s Pacific Excavation, Inc.
dba Pacific Excavation for Streetlights Associated
with Louise Avenue Landscape, CIP GG 21- 15,
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Capital Improvement Project ( CIP) GG 21- 15 Louise Avenue Landscape Improvements consisted of installing irrigation, landscaping and lighting to recently constructed medians on Louise Avenue from Interstate 5 ( I- 5) to Fifth Street. After the irrigation and landscape were completed, the project moved into installation of lighting.
On September 12, 2022, City Council awarded a construction contract to Tim Paxin' s Pacific Excavation, Inc. dba Pacific Excavation ( Pacific Excavation) for the installation of streetlights in those medians. Pacific Excavation has completed these lighting improvements. Staff has inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. Pacific Excavation submitted lien releases, confirming all sub- contractors and suppliers have been paid in full, and a one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the improvements constructed by Pacific Excavation and authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Pacific Excavation in the amount of 39, 407 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
CIP GG 21- 15, included the installation of lighting on the medians of Louise Avenue between I- 5 and Fifth Street. The scope for this work consisted of constructing concrete pole foundations and installing conduit, wiring, meter connection, and twelve ( 12) single and twenty-four ( 24) double luminaire decorative streetlights.
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PACIFIC EXCAVATION
FOR STREETLIGHTS ASSOCIATED WITH LOUISE AVENUE LANDSCAPE, CIP GG 21- 15
On September 12, 2022, City Council awarded a contract to Pacific Excavation in the amount of $ 593, 167, and approved Change Order No. 1 for $ 190, 662 on March 13, 2023 for installation of streetlights and landscape lighting to CIP GG 21- 15. During construction, contract change orders were issued for a final contract amount of 788, 128. The Project' s costs referenced below capture all construction expenditures.
Construction costs are as follows:
A. Construction Contract 593, 167
B. Contract Change Orders 194, 961
Total Construction Contract Costs 788, 128
Staff has inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. Pacific Excavation submitted lien releases, confirming all sub- contractors and suppliers have been paid in full, and a one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted.
Upon acceptance of the improvements, the performance and payment bonds ( No.
CA4502318) will be released and replaced with a warranty bond ( Bond No.
CA4502318, $ 78, 723). 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. Pacific Excavation has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Pacific Excavation for lighting associated with CIP GG 21- 15. Staff is also requesting City Council to authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Pacific Excavation in the amount of $ 39, 407 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
The Project was completed by Pacific Excavation pursuant to the contract documents dated August 10, 2022. Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
The performance and payment bonds ( No. CA4502318) will be released and replaced with a one- year warranty bond ( Bond No. CA4502318, $ 78, 723) upon City Council' s acceptance of the improvements.
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PACIFIC EXCAVATION
FOR STREETLIGHTS ASSOCIATED WITH LOUISE AVENUE LANDSCAPE, CIP GG 21- 15
FISCAL IMPACT:
The approved contract with Pacific Excavation is for $ 593, 167, with a 15% construction contingency in the amount of $ 88, 975, for a total Project budget of 682, 143. During construction, contract change orders were issued for a final contract amount of $ 788, 128. Sufficient funds have been allocated during the midyear budget adjustment; therefore, no budget amendment is needed at this time.
ATTACH M ENTS:
A. Resolution to Accept Public Improvements Constructed by Tim Paxin' s Pacific Excavation, Inc. dba Pacific Excavation for Streetlights Associated with Louise Avenue Landscape, CIP GG 21- 15, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Streetlights Associated with Louise Avenue Landscape, CIP GG 21- 15
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PACIFIC EXCAVATION
FOR STREETLIGHTS ASSOCIATED WITH LOUISE AVENUE LANDSCAPE, CIP GG 21- 15
APPROVALS:
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Assistant Engineer
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Ken Ree Date
Senior Construction Manager
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Brad aylor Date
Cit Engineer
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Cari Jam s Date
Finance D' ctor
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
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Step en J. Salvatore Date
City Manager
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXIN' S PACIFIC EXCAVATION, INC. DBA PACIFIC EXCAVATION FOR STREETLIGHTS ASSOCIATED WITH LOUISE AVENUE LANDSCAPE, CIP GG 21- 15, AUTHORIZE
THE FILING OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT
RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS WHEREAS, Capital Improvement Project ( CIP) GG 21- 15 Louise Avenue Landscape Improvements consisted of installing irrigation, landscaping and lighting to recently constructed medians on Louise Avenue between Interstate 5 and Fifth Street; and
WHEREAS, on September 12, 2022, City Council awarded a construction contract to Tim Paxin' s Pacific Excavation, Inc. dba Pacific Excavation ( Pacific Excavation) for installation of streetlights and landscape lighting in those medians; and
WHEREAS, the scope for this work consisted of constructing concrete pole foundations and installing conduit, wiring, meter connection, and twelve ( 12) single and twenty- four ( 24) double luminaire decorative streetlights; and WHEREAS, the construction contract was for $ 593, 167 and a 15% construction contingency of $ 88, 976 was authorized for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, during construction, contract change orders totaling $194, 961 were issued for a final contract amount of $ 788, 128; and WHEREAS, Pacific Excavation has completed the construction of the project; staff has inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and WHEREAS, Pacific Excavation has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, Pacific Excavation has submitted a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance and payment bonds ( No. CA4502318) will be released and replaced with a one- year warranty bond ( Bond No. CA4502318, 78, 723) upon City Council' s acceptance of the improvements; and WHEREAS, staff is requesting City Council accept the public improvements constructed by Pacific Excavation for the streetlights associated with Louise Avenue Landscape, CIP GG 21- 15; and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk upon acceptance of the improvements and the release of the contract retention to Pacific Excavation, in the amount of 39, 407, within forty- five ( 45) days after the recording of the Notice of Completion and the release of the 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 Pacific Excavation for the streetlights associated with Louise Avenue Landscape, CIP GG 21- 15, for a total contract amount of $ 788, 128; 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 ) oaquin County Clerk and the release of the contract retention to Pacific Excavation, in the amount of 39, 407 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 11th day of September 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 ATTACHMENi
i3 ..
RECORDING REOUESTED 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 GNEN:
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
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 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 the title of stated owner, or if more than one owner, then of the stated owner and co- owners is fee title( e. g. fee title, leasehold, joint tenancy, etc.).
4. That on the l lth day of September, 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: Tim Paxin' s Pacific Excavation, Inc. dba Pacific Excavation
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Tim Paxin' s Pacific Excavation, 9796 Kent Street Elk Grove CA 95624 Inc. dba Pacific Excavation
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:
Streetli hts associated with CIP GG 21- 15, Louise Avenue Landscape: 390 Towne Centre Drive Lathrop, CA 95330 That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
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 September 11, 2023 by Tim Paxin' s Pacific Excavation, Inc. dba Pacific Excavation to the City of Lathrop, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf ofthe City Council pursuant to authority conferred by minute action ofthe City Council adopted on September 11, 2023, and the gantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager