ITEM 4. 18
CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
LUMA ENGINEERING CONTRACTORS, INC. DBA LUMA
ENGINEERING FOR ' FACILITIES ADA
IMPROVEMENTS, CIP GG 23- 14
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Luma Engineering Contractors, Inc.
dba Luma Engineering for the Facilities ADA
Improvements, CIP GG 23- 14, authorize the Filing of
a Notice of Completion, Release of Contract
Retention, and Release of Performance and Payment
Bonds
SUMMARY:
Luma Engineering has completed the installation of automatic doors at the Lathrop Senior Center, Community Center, and Generations Center, GG CIP 23- 14 (Project).
Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Luma Engineering 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 improvements constructed by Luma Engineering and authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Luma Engineering in the amount of 6, 900 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On September 11, 2023, City Council ratified the City Manager Approval for a construction Contract with Luma Engineering in the amount of $ 138, 000 with a 10% contingency ($ 13, 800) for a total project cost of $ 151, 800for the installation of the doors. The Project improved the Lathrop Senior Center, Community Center, and Generation Center by enhancing accessibility for individuals with disabilities by installing automatic doors and improving security. It also includes energy efficiency and conformance with Americans with Disabilities Act ( ADA) regulations.
Upon acceptance of the improvements, the performance and payment bonds ( No.
SU1198097- 000) will be released and replaced with a warranty bond ( Bond No. SU1198097- 000, $13, 800).
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY LUMA ENGINEERING FOR CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 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. Luma Engineering has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Luma Engineering for Lathrop Facilities ADA Improvements associated with CIP GG 23- 14.
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 Luma Engineering in the amount of $ 6, 900 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 door improvements were completed by Luma Engineering 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 contract with Luma Engineering has been approved for $ 138, 000, with a 10% contingency, for a total project of $ 151, 800. Adequate funds have been allocated in the FY 2023-4 budget for the Lathrop Facilities ADA Improvements, CIP GG 23- 17.
Staff is requesting that unused funds be returned to its original funding source.
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Luma Engineering Contractors, Inc. dba Luma Engineering for City of Lathrop Facilities ADA Improvements , CIP GG 23- 14, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Lathrop Facilities ADA Improvements, CIP GG 23- 14 CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY LUMA ENGINEERING FOR CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 APPROVALS:
Carlos Carrillo Date
Management Analyst II
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Ken Reed Date
Senior Construction Manager
Brad J for
City ngineer
Cari Ja
Finance Li irector
Date
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Date
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Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Ste en J. Salvatore Date
City Manager
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7.1. 51- z
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY LUMA
ENGINEERING, INC. DBA LUMA ENGINEERING FOR CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14, 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 23- 14 City of Lathrop Facilities ADA Improvements consisted of the installation of automatic doors at the Lathrop Senior Center, Community Center, and Generations Center; and WHEREAS, the Project improved the Lathrop Senior Center, Community Center, and Generation Center by enhancing accessibility for individuals with disabilities by installing automatic doors and improving security. It also includes energy efficiency and conformance with Americans with Disabilities Act ( ADA) regulations; and
WHEREAS, on September 11, 2023, City Council ratified the City Manager approval for a construction contract with Luma Engineering Contractors, Inc. (Luma Engineering) for the installation of the doors; and
WHEREAS, the approved contract with Luma Engineering was for $ 138, 000 with a 10% contingency ($ 13, 800) for a project cost of $ 151, 800; and WHEREAS, staff is requesting for remaining funds be transferred back to the original funding source account; and
WHEREAS, Luma Engineering has completed these improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and
WHEREAS, Luma Engineering has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, Luma Engineering 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. SU1198097- 000) will be released and replaced with a one- year warranty bond ( No. SU1198097- 000, 13, 800) upon City Council' s
acceptance of the improvements; and
WHEREAS, staff is requesting City Council accept the public improvements constructed by Luma Engineering for the City of Lathrop Facilities ADA Improvements CIP GG 23- 14; 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 Luma Engineering, in the amount of 6, 900, within forty-ive (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 Luma Engineering for the City of Lathrop Facilities ADA Improvements, CIP GG 23- 14, pursuant to the contract documents dated September 6, 2023; 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 Luma Engineering, in the amount of 6, 900 within forty-ive (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 any remaining funds be transferred back to the original funding source account.
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
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)
ATTACHMENT Y< „
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 ofthe original contractor, if any, for said work of improvement was: Luma Engineering Contractors Inc
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Luma Engineering Contractors Inc. 370 Myrtle Lane Oakley, CA 94561
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 23- 14 Facilities ADA Improvements
That the undersigned has knowledge ofthe contents herein and states under penalty of perjury 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 Luma Engineering Contractors 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 thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager