ITEM 4. 17
CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
DIEDE CONSTRUCTION, INC. DBA DIEDE
CONSTRUCTION FOR LATHROP CITY HALL ADA
IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22- 04
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Diede Construction, Inc. dba Diede
Construction for the Lathrop City Hall ADA
Improvements Council Chamber, CIP GG 22- 04,
authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Diede Construction Inc. dba Diede Construction ( Diede Construction) has completed the improvements of the Council Chamber dais ( Project). The improvements consisted of removing a non -compliant ADA ramp, construction of two wood steps, fabrication and installation of a metal door and posts, and the relocation of network cables. Staff inspected the improvements and have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Diede Construction has 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 completed improvements constructed by Diede Construction and authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Diede Construction in the amount of 3, 216 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On May 8, 2023, City Council awarded a construction contract to Diede Construction associated with CIP GG 22- 04 for the construction improvements of the City Council Chamber.
During the construction, Change Order No. 1 was issued for the design and construction of a compartment under the dais to store an ADA ramp which resulted in a deduction of $ 17, 220 from the original contract amount of $ 81,36. Due to lack of space under the dais the contractor was not able to build the compartment per the contract. The final contract amount was $ 64, 316 after the change order was issued.
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIEDE CONSTRUCTION
FOR THE LATHROP CITY HALL ADA IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22- 04
Staff has inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Diede Construction has 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. 9423696) will be released and replaced with a warranty bond ( No. 9423696, $6, 431).
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. Diede Construction has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Diede Construction for Lathrop City Hall ADA Improvements associated with CIP GG 22- 04.
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 Diede Construction in the amount of $ 3, 216 within forty-ive (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 Diede Construction pursuant to the contract documents. Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
FISCAL IMPACT:
The approved contract with Diede Construction was for $81,36 during construction, Change Order No. 1for $ 17, 220 was deducted for a final contract amount of $64, 316.
Staff is requesting for remaining funds to be transferred back to the original funding source.
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIEDE CONSTRUCTION
FOR THE LATHROP CITY HALL ADA IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22- 04
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Diede Construction Inc. dba Diede Construction for the Lathrop City Hall ADA Improvements Council Chamber, CIP GG 22- 04, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Lathrop City Hall ADA Improvements Council Chamber, CIP GG 22- 04
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIEDE CONSTRUCTION
FOR THE LATHROP CITY HALL ADA IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22- 04
APPROVALS:
4-(
Carlos Carrillo Date
Management Analyst II
Ken
etoerq) 0
Reed Date
1 1S-. 2b2` l
Senior Construction Manager
Brad Y ylor
City Engineer
Cari Ja
Finance ui - ctor
Date
11/ 202, 9
Date
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore
City Manager
02140: z/
I • l° • 2029
Date
L 3 - iQL`
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY DIEDE CONSTRUCTION, INC.
DBA DIEDE CONSTRUCTION FOR LATHROP CITY HALL ADA IMPROVEMENTS, CIP GG 22- 04, AUTHORIZE THE FILING OF A NOTICE OF COMPLETION,
RELEASE OF CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND
PAYMENT BONDS
WHEREAS, On May 8, 2023, City Council awarded a construction contract to Diede Construction, Inc. (Diede Construction) associated with Capital Improvement Project ( CIP) GG 22- 04 for the removal of an existing ADA ramp on the East side of the Council Chamber dais, which was not in compliance with ADA standards; and WHEREAS, during the construction, Change Order No. 1 was issued for the design and construction of a compartment under the dais to store an ADA ramp which resulted in a deduction of $17, 220 from the original contract amount of $81,36; and WHEREAS, due to lack of space under the dais the contractor was not able to build the compartment per the contract. The final contract amount was $ 64, 316 after the change order was issued.
WHEREAS, Diede Construction has completed these improvements. 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, Diede Construction has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, Diede Construction 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. 9423696) will be released and replaced with a one- year warranty bond ( No. 9423696, $6, 431) upon City Council' s acceptance of the improvements; and
WHEREAS, staff is requesting City Council accept the public improvements constructed by Diede Construction for the Lathrop City Hall ADA Improvements , CIP GG 22- 04; 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 Diede Construction, in the amount of 3, 216, within forty-ive (45) days after the recording of the Notice of Completion and the release of the performance and payment bonds; and WHEREAS, staff is requesting for remaining funds be transferred back to the original funding source account.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Diede Construction for the Lathrop City Hall ADA Improvements Council Chamber, CIP GG 22- 04, for a total contract amount of $64, 316; and
BE IT FURTHER RESOLVED, that any remaining funds be transferred back to the original funding source account.
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 Diede Construction, in the amount of 3, 216 within forty-ive (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 12th day of February 2024, 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 of recording fees ( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
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
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 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 12th day of February, 2024 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: Diede Construction Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Diede Construction Inc. 12393 CA -99 Lodi, CA 95240
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 GG 22- 04 Lathrop City Hall ADA Improvements
That the undersigned has knowledge of the contents herein and states under penalty ofperjury that the foregoing is true and correct.
CITY OF LATHROP
By:
By:
Stephen J. Salvatore, City Manager Date
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 February 12, 2024 by Diede Construction 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 February 12, 2024, and the grantee consents to recordation thereofby its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
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