ITEM 4. 15
CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED
CONDITIONS FOR EP NO. 2021- 09 LOCATED ON
GOLDEN VALLEY PARKWAY AND RIVER ISLANDS
PARKWAY FROM EVERGREEN AND APPROVE CHANGE
ORDER NO. 32 FOR LANDSCAPE MAINTENANCE
RECOMMENDATION: Adopt Resolution Accepting Public Improvements with Associated Conditions for Encroachment Permit
No. 2021- 09 Located Golden Valley Parkway and
River Islands Parkway, from Evergreen and Approve
Change Order No. 32 for Landscape Maintenance
SUMMARY:
Evergreen - Golden Valley & River Islands, LLC, ( Evergreen), the developer of the improvements at 16460, 16446, 16434 and 16412 Golden Valley Parkway, has substantially completed the public improvements associated with Encroachment Permit No 2021- 09 (EP 2021- 09). Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and city specifications by the City Engineer with the exception noted below. A Vicinity Map of the improvements is included in Attachment " B".
Due to delays associated with Pacific Gas & Electric ( PG& E) for electrical and gas connections, some portions of the construction are not complete. Therefore, staff recommends Council accept the PG& Erelated public improvements contingent on the completion of the electric and gas connections.
The approximate value of the public improvements constructed is $ 216, 798, as shown in the GASB 34 Report included as Attachment " C". Evergreen provided a oneyear warranty bond based on 10% of the construction costs, as well as lien releases for the improvements offered for acceptance.
Staff requests City Council accept the completed public improvements associated with the EP 2021- 09, conditionally accept the PG& E related improvements, and approve a change order with the City' s landscape contractor for future landscape maintenance.
BACKGROUND:
The City of Lathrop Community Development Department, Planning Division, and the Central Lathrop Design Review Board approved the Site Plan Review No 20- 108 (SPR20- 108) to authorize the following: 1) construction of a 5, 934 square feet Chevron Gas Station and a 4, 800 square feet fuel canopy on a 1. 40 -acre parcel ( Lot 1); 2) construction of a new 3, 479 square feet Blue Rain Car Wash on a 1. 01 -acre parcel CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2021- 09 LOCATED ON GOLDEN VALLEY PARKWAY AND RIVER ISLANDS PARKWAY FROM EVERGREEN AND APPROVE CHANGE ORDER NO. 32 FOR
LANDSCAPE MAINTENANCE
Lot 2); 3) Construction of two quick serve restaurants ( Lots 3 and 4). The Conditions of Approval ( COAs) associated with the entitlement of the project required the installation of frontage improvements along Golden Valley Parkway and River Islands Parkway, including but not limited to paving, landscaping, and sidewalk.
Due to delays with PG& Efor the electrical and gas connections, some portions of the construction are not complete. Therefore, staff recommends Council accept the PG& E related public improvements contingent on the completion of the electric and gas connections.
Council acceptance of improvements with a condition of completion will accelerate the construction of the commercial area in the Central Lathrop Specific Plan by allowing Evergreen to sell the land to developers quickly.
To guarantee the completion of the unfinished improvements, Evergreen has provided a performance bond rider ( LICX12030656) to reduce the original performance bond ( LICX12030656), as shown in Table 1 below. The reduced performance bond will remain in place until the electrical and gas connections are inspected by staff and deemed complete by the City Engineer. Upon completion, the performance bond ( LICX12030656) will be released.
Evergreen has also provided a one- year warranty bond based on 10% of the construction cost which will cover the completed and remaining improvements, as well as developer lien releases and contractor lien releases. The warranty bond is detailed in Table 1 below.
Table 1
Description
Original
Performance
Bond
Performance
Bond Rider
Warranty Bond
Number &
Amount
Encroachment
Permit 2021- 09
LICX1203065
301, 620
LICX1203065
163, 200
5326023
21, 680
REASON FOR RECOMMENDATION:
Construction of the public improvements associated with EP 2021- 09 is substantially complete and have been inspected by City staff to ensure conformance with the approved plans, excluding the electrical and gas connection. Evergreen has submitted lien releases, performance bond rider ( LICX1203065) to guarantee the electrical and gas connection, a one- year warranty bond ( 5326023), and as -built drawings, for the improvements being accepted.
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2021- 09 LOCATED ON GOLDEN VALLEY PARKWAY AND RIVER ISLANDS PARKWAY FROM EVERGREEN AND APPROVE CHANGE ORDER NO. 32 FOR
LANDSCAPE MAINTENANCE
To avoid delay in acceptance of public improvements while we wait for PG& E, staff request Council accept the completed public improvements and accept the PG& E related public improvements contingent on the completion of the electric and gas connections. If accepted as proposed, the developer will notify staff when PG& E connections are completed and City staff will confirm when the remaining improvements have been completed and will subsequently release the performance bond ( LICX1203065).
FISCAL IMPACT:
The one- year 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 City' sService Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 216, 798 expended on public improvements, and the City' smaintenance costs will increase because of the additional improvements that have to be maintained.
Staff is also requesting City Council adopt resolution approving Contract Change Order ( CCO) No. 32 with Dave Silva, dba Silva Landscape ( Attachment " D") to add this new landscape to future maintenance service.
ATTACHMENTS:
A. Adopt Resolution Accepting Public Improvements with Associated Conditions for Encroachment Permit No. 2021- 09 Located on Golden Valley Parkway and River Islands Parkway from Evergreen - Golden Valley & River Islands, LLC and Approve Change Order No. 32 for Landscape Maintenance B. Vicinity Map
C. GASB 34 Report - 16460 Golden Valley Parkway
D. Contract Change Order No. 32 with Dave Silva dba Silva Landscape CITY MANAGER' S REPORT PAGE 4
FEBRUARY 12, 2024, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2021- 09 LOCATED ON GOLDEN VALLEY PARKWAY AND RIVER ISLANDS
PARKWAY FROM EVERGREEN -GOLDEN VALLEY & RIVER ISLANDS, LLC AND
APPROVE CHANGE ORDER FOR LANDSCAPE MAINTENANCE
APPROVALS:
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Bellal Nabizadah Date
Assistant Engineer
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Ken Reed Date
Senior Construction Manager
Brad Saylor
City Engineer
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Cari James Date
Finance Director
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Michael King Date
Assistant City Manger
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Salvador Navarrete Date
City Attorney
Step1 en J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR
ENCROACHMENT PERMIT NO. 2021- 09 LOCATED ON GOLDEN VALLEY
PARKWAY AND RIVER ISLANDS PARKWAY FROM EVERGREEN AND APPROVE CHANGE ORDER NO. 32 FOR LANDSCAPE MAINTENANCE
WHEREAS, the City of Lathrop Community Development Department, Planning Division, and the Central Lathrop Design Review Board approved the Site Plan Review No 20- 108 (SPR- 20- 18) to authorize the following: 1) construction of a 5, 934 square feet Chevron Gas Station and a 4, 800 square feet fuel canopy on a
1. 40 -acre parcel ( Lot 1); 2) construction of a new 3, 479 square feet Blue Rain Car Wash on a 1. 01 -acre parcel ( Lot 2); 3) Construction of two quick serve restaurants Lots 3 and 4); and
WHEREAS, the Conditions of Approval ( COAs) associated with the entitlement of the project required the installation of frontage improvements along Golden Valley Parkway and River Islands Parkway, including but not limited to paving, landscaping, and sidewalk; and
WHEREAS, due to delays with Pacific Gas & Electric ( PG& E) for the electrical and gas connections, some portions of the construction are not complete. Therefore, staff recommends Council accept the PG& E related public improvements contingent on the completion of the electric and gas connections; and WHEREAS, Council acceptance of improvements conditioned on completion will accelerate the construction of the commercial area in the Central Lathrop Specific Plan by allowing Evergreen - Golden Valley & River Islands, LLC, (Evergreen) to sell the land to developers quickly; and
WHEREAS, to guarantee the completion of the unfinished improvements, Evergreen has provided a performance bond rider ( LICX12030656) to reduce the original performance bond ( LICX12030656), as shown in Table 1 below. The reduced performance bond will remain in place until the electrical and gas connections are inspected by staff and deemed complete to City specifications by the City Engineer.
Upon completion, the performance bond ( LICX12030656) will be released; and WHEREAS, Evergreen has also provided a one- year warranty bond based on 10% of the construction cost which will cover the completed and remaining improvements. The warranty bond is detailed in Table 1 below; and Table 1
Description
Original
Performance
Bond
Performance
Bond Rider
Warranty Bond
Number &
Amount
Encroachment
Permit 2021- 09
LICX1203065
301, 620
LICX1203065
163, 200
5326023
21, 680
and
WHEREAS, construction of the public improvements associated with EP 2021- 09 is substantially complete excluding the electrical and gas connection and have been inspected by City staff to ensure conformance with the approved plans and City specification; and
WHEREAS, Evergreen has submitted lien releases, performance bond rider LICX1203065) to guarantee the electrical and gas connection, a one- year warranty bond ( 5326023), and as -built drawings, for the improvements being accepted; and WHEREAS, to avoid delay in acceptance of public improvements while waiting for PG& E, staff request Council to accept the completed public improvements and accept the PG& E related public improvements ( electric and gas connections) contingent on the completion of the electric and gas connections; and WHEREAS, with the condition on PG& E related public improvements, developer will be required to notify City staff when PG& E related improvements are completed and City staff will confirm that those PG& E related public improvements have been completed to City specifications and will subsequently release the performance bond ( LICX1203065); and
WHEREAS, the one- year 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; and
WHEREAS, the City' sService Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 216, 798 expended on public improvements, and the City' s
maintenance costs will increase because of the additional improvements that have to be maintained; and
WHEREAS, staff is also requesting City Council approve Contract Change Order ( CCO) No. 32 with Dave Silva, dba Silva Landscape ( Attachment " D") to add this new landscape for future maintenance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements listed in the GASB 34 Report included in Attachment " C" of the City Manager' s Report that accompanies this Resolution from Evergreen; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby accept the PG& E related public improvements from Evergreen contingent on the completion of the electric and gas connections to City specification and confirmation of the same by the City Engineer; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve Contract Change Order No. 32 with David Silva, dba Silva Landscape to add this new landscape to future maintenance services.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 12th day of February 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST:
Teresa Vargas, City Clerk
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
PKWY VALLEY GOLDEN
RIVER
ISLANDS
PKWY
LEGEND:
LIMITS
OF IMPROVEMENTS
0 30
60 120
SCALE:
1"= 60'
LIMITS
OF
CITY
OF
LATHROP
ENGINEERS5142B
FRANKLIN
MACKAY &
SOMPS
IS
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REPRODUCTIO
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AUSERS\ TPASHONSILVAVDESKTOP\ 2023- 1
IMPROVEMENT
LOCATION
EXHIBIT.
DWG
ATTACHMENT
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Date: 01/ 22/024
Prepared By: MacKay & Somps
Evergreen Commercial Development - River Islands and Golden Valley - Lathrop, CA Street Work and Water Systems Improvements costs provided by Pickett & Sons Construction, Inc., Landscape contract quantities and costs provided by Landscape Development, Inc.
ITEM QUANTITY UNIT DESCRIPTION
UNIT
PRICE AMOUNT
A. STREET WORK
1. 2
3 4
5 1 EA
4, 800 SF
4 EA
1 EA
1 EA
6" Commercial Driveway per std. detail R- 13
Sidewalk
Curb Ramps with truncated domes
Sidewalk Ends in 30 ft" Sign
Sidewalk Barricade Per Std. Detail R- 44
6, 768. 00
7. 07
1, 668. 00
312. 00
1, 488. 00
6, 768. 00
33, 936. 00
6,72. 00
312. 00
1, 488. 00
TOTAL STREET WORK:
B. WATER SYSTEMS
175 LF
122 LF
8 EA
C. LANDSCAPING
C. SOFT COSTS
2" Water Services
6" Main Including Valves and Fittings
Meter Boxes
49, 176
27. 54 $ 4, 820. 0
31. 20 $ 3, 810. 0
594. 00 $ 4, 750. 0
TOTAL WATER SYSTEMS WORK
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
Irrigation
Landscape
90 -day Maintenance
Dry Creek Bed
Finish Grading
Irrigation Audit
CO# 1 Skidsteer/ operation- FC- 1887
CO# 1 SK/ operator- FC- 1887
CO# 2 Foreman Excavating- FC- 1955
CO# 2 Laborer Excavating- FC- 1955
53, 206. 00
57,47. 00
2, 586. 00
15, 624. 00
4, 288. 00
835. 00
1, 400. 0
1, 200. 0
640. 00
960. 00
13, 380
53, 206. 00
57,47. 00
2, 586. 00
15, 624. 00
4, 288. 00
835. 00
1, 400. 0
1, 200. 0
640. 00
960. 00
TOTAL WATER SYSTEMS WORK
1 LS
1 LS
1 LS
Inspection Fees ( City of Lathrop)
Landscape Architecture ( Perry Design)
Civil Engineering ( MacKay & Somps)
4,06. 00
11, 550. 0
138, 26
4,06. 00
11, 550. 0
TOTAL SOFT COSTS 15, 956
TOTAL COSTS 216, 798
P.\ 29017\ Admin, estimates\ GASB34\ Lathrop Commercial - GVP RVP - GASB34 REPORT ( 2024. 01. 22). xls ATTA. 91- IMENT
CHANGE ORDER NO. 32
Monthly Fee — Landscape Maintenance for Evergreen
Offsites City of Lathrop
CONTRACT CHANGE ORDER NO. 32
MONTHLY FEE — Landscape Maintenance for Evergreen Offsites Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date
Contract Execution Date:
Notice to Proceed Date:
February 12, 2024
September 1, 2017
August 29, 2017
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.
I. CHANGES IN THE SPECIFICATIONS
A. None
11. ADDITION( S) TO CONTRACT
Monthly Fee — Landscape Maintenance for Evergreen Offsites 1, 200/ mo.
MONTHLY FEE COST FROM CHANGE ORDER NO. 32 ( MONTHLY FEE) 1, 200/ mo.
ORIGINAL CONTRACT AMOUNT ( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( MONTHLY FEE) 13, 900. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5 ( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8 ( MONTHLY FEE) 1, 850. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11 ( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14 ( MONTHLY FEE) 3, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15 ( MONTHLY FEE) 8, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23 ( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25 ( MONTHLY FEE) 250. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 26 ( MONTHLY FEE) 825. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 27 ( MONTHLY FEE) 625. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 28 ( MONTHLY FEE) 675. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 29 ( MONTHLY FEE) 450. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 30 ( MONTHLY FEE) 3, 725. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 31 ( MONTHLY FEE) 9, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 32 ( MONTHLY FEE) 1, 200. 0 TOTAL REVISED MONTHLY CONTRACT AMOUNT 104, 089.0
CHANGE ORDER NO. 32
Monthly Fee — Landscape Maintenance for Evergreen
Offsites City of Lathrop
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2 ( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3 ( ONE TIME FEE) 22, 800. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4 ( ONE TIME FEE) 3, 200. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6 ( ONE TIME FEE) 11, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7 ( ONE TIME FEE) 1, 780. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9 ( ONE TIME FEE) 2,00. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10 ( ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12 ( ONE TIME FEE) 3, 800. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13 ( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16 ( ONE TIME FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17 ( ONE TIME FEE) 2, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18 ( ONE TIME FEE) 1, 650. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19 ( ONE TIME FEE) 2, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20 (ONE TIME FEE) 2,00. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21 ( ONE TIME FEE) 1, 300. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22 ( ONE TIME FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24 ( ONE TIME FEE) 4, 500. 0 TOTAL ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 0
END OF CHANGES)
DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.
TIME OF COMPLETION
The work is to begin as soon as Notice to Proceed is received. To run throughout the duration of the contract.
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 32. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.
END OF SECTION)
CHANGE ORDER NO. 32
Monthly Fee — Landscape Maintenance for Evergreen
Offsites City of Lathrop
Recommended
By:
Approved As
To Form:
Approved By:
Accepted By
Contractor:
Ken Reed
Sr. Construction Manager
City of Lathrop
Salvador Navarrete
City Attorney
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
Date
Date
Date
David Silva DBA Silva Landscape Date
Print Name and Title
SI LVA
LANDSCAPE
Estimate
Silva Landscape
PO Box 607
Patterson, CA 95363 US
1 9254133192
david. silvalandscape@gmail. com
ADDRESS ESTIMATE # 2055
DATE 01/ 25/024
City of Lathrop
390 Towne Centre Drive
Lathrop
CA
95330
EXHIBIT" A
SERVICES AMOUNT
Landscape Maintenance for Evergreen off -sites 1, 200. 0 Monthly Maintenance to follow City of Lathrop' sLandscape Maintenance Spec' s Thank you for your business. TOTAL
Accepted By Accepted Date
1, 200. 0