ITEM 4. 23
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
EP NO. 2023- 85, LOCATED AT 1262 E MADRUGA
ROAD FROM CLEAN ENERGY FUELS
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2023- 85,
Located at 1262 E Madruga Road from Clean Energy
Fuels
SUMMARY:
Clean Energy Fuels ( Clean Energy), the developer of the improvements at 1262 E Madruga Road, has completed the public improvements associated with Encroachment Permit No 2023- 85 (EP 23- 85). A Vicinity Map of the improvements is included in Attachment " B".
Staff has inspected the improvements and they have been deemed complete and as accordance with the approved plans and city specifications by the City Engineer. The approximate value of the public improvements constructed is $ 129, 385, as shown in the GASB 34 Report included as Attachment " C".
Clean Energy provided a one- year warranty bond based on 10% of the construction costs, as well as lien releases for the improvements to be accepted.
Staff requests City Council accept the public improvements associated with the EP 23- 85.
BACKGROUND:
The City of Lathrop Community Development Department Planning Division approved the Minor Site Plan Review No 21- 5 (MSPR 21- 5) on April 16, 2021 to authorize the modification of the existing site in phases for Clean Energy located at 1262 E Madruga Road. Phase 1 included expansion of the existing facilities to accommodate additional fueling capacity with the following improvements: 4 additional fuel pumps, a 1, 800 square foot canopy, landscaping, additional storage, and paving.
The Conditions of Approval ( COAs) associated with the entitlements of the project required the installation of frontage improvements, including connecting to the main water line for irrigation.
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023- 85, LOCATED AT 1262 E MADRUGA ROAD FROM CLEAN ENERGY FUELS
Construction of the frontage improvements associated with EP 23- 85 are complete and the approximate value of the improvements proposed to be accepted is $ 129, 385 as shown in the GASB34 Report. These improvements have been inspected by staff and deemed complete, and in accordance with the approved plans and City specifications by the City Engineer.
Clean Energy provided a performance bond ( 800116924) with EP 23- 85 in the amount shown in Table 1 below that guaranteed the construction of the offsite improvements. The performance bond will be released and replaced with the oneyear warranty bond, based on 10% of the construction cost, upon acceptance of the improvements. The warranty bond amount is detailed in Table 1 below.
Table 1
Description Performance Bond Warranty Bond
Number & Amount
Encroachment Permit
23- 85
800116924
17, 370
0261164
12, 939
REASON FOR RECOMMENDATION:
Construction of the public improvements associated with EP 23- 85 is complete and has been inspected by City staff to ensure conformance with the approved plans.
Clean Energy has submitted lien releases, a one- year warranty bond ( 0261164), and as -built drawings, for the improvements being accepted.
Staff request Council accept the completed public improvements and City staff will subsequently release the performance bond ( 800116924).
FISCAL IMPACT:
Beginning with this acceptance, the one- year warranty bond covers any defective materials or workmanship in connection with the completed improvements for repairs or replacements that become necessary during the initial year of service.
The future maintenance costs are budgeted for in Fiscal Year 2024-025 budget. The public improvements listed in the GASB 34 Report detail the $ 129, 385 expended.
These improvements will become capital assets of the water system and will be added to the City' s annual comprehensive financial reports.
CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023- 85, LOCATED AT 1262 E MADRUGA ROAD FROM CLEAN ENERGY FUELS
ATTACHMENTS:
A. Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2023- 85, Located at 1262 E Madruga Road from Clean Energy
B. Vicinity Map
C. GASB 34 Report - 1262 E Madruga Road
CITY MANAGER' SREPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023- 85, LOCATED AT 1262 E MADRUGA ROAD FROM CLEAN ENERGY FUELS
APPROVALS:
1/,
Veronica Ibarran Date
Junior Engineer
Ken Reed
Senior Construction Manager
Brad lor
City Engineer
Cari J. • e
Finance I'rector
Date
Date
5A -5/ 7- 02- A- 1
Date
Michael King Date
5*• ZS•o2' 1
Assistant City Manager
Salvador Navarrete Date
City Attorney
S- 3® Z4
Stephef J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2023- 85, LOCATED AT 1262 E MADRUGA ROAD FROM CLEAN ENERGY FUELS WHEREAS, the City of Lathrop Community Development Department, Planning Division, approved the Minor Site Plan Review No 21- 5 (MSPR 21- 5) on April 16, 2021 to authorize the modification of the existing site in phases for Clean Energy Fuels ( Clean Energy) located at 1262 E Madruga Road. Phase 1 included expansion of the existing facilities to accommodate additional fueling capacity with the following improvements: 4 additional fuel pumps, a 1, 800 square foot canopy, landscaping, additional storage, and paving; and
WHEREAS, the Conditions of Approval ( COAs) associated with the entitlement of the project required the installation of frontage improvements, including connecting to the main water line for irrigation; and
WHEREAS, construction of the frontage improvements associated with EP 23- 85 are complete and the approximate value of the improvements proposed to be accepted is $ 129, 385 as shown in the GASB34 Report included as Attachment C of the City Manager' sReport that accompanies this Resolution; and WHEREAS, Clean Energy provided a performance bond ( 800116924) with Encroachment Permit No 2023- 85 (EP 23- 85) in the amount shown in Table 1 below that guaranteed the construction of the offsite improvements. The performance bond will be released and replaced with the one- year warranty bond, based on 10% of the construction cost, upon acceptance of the improvements. The warranty bond amount is detailed in Table 1 below
Table 1
Description Performance Bond Warranty Bond
Number & Amount
Encroachment Permit
23- 85
800116924
17, 370
0261164
12, 939
and
WHEREAS, staff has inspected the public improvements associated with EP 23- 85 listed in the GASB 34 Report and deemed complete and in accordance with the approved plans and specification by the City Engineer; and WHEREAS, Clean Energy has submitted lien releases, a one- year warranty bond, and as -built drawings, for the improvements being accepted; 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 future maintenance costs are budgeted for in fiscal year 2024- 2025 budget. The public improvements listed in the GASB 34 Report detail the 129, 385 expended. These improvements will become capital assets of the water system and will be added to the City' s annual comprehensive financial reports.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements associated with EP No. 2023- 85 from Clean Energy Fuels located at 1262 E Madruga Road.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 10th day of June 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
VICINITY
MAP -
OFF -
SITE
WATER
LINE
0 30
60 120
180
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NATUR
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FUELING
FACILITY
VICINITY
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in
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DATE
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APPROVAL: BUSINESS
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APPROVA L
24/ 2024
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ATTACHMENT
City of Lathrop
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Bradley Beaudette
Project Name: Off -Site Water Main Line Tie In for
Irrigation
Item
GPR
Traffic Control
Saw cut, Demo and Haul off
Traffic Striping
Import backfill materials
Concrete Slurry
1" Water Service ( including all appurtenances)
Compaction Testing
Date: 4/ 23/024
Unit Qtv Unit Price Amount
LS 1 $ 6, 800. 0 $6, 800. 0
LS 1 $ 17, 089.0 $17, 089.0
LS 1 $ 25, 323. 00 $25, 323. 00
LS 1 $ 3, 200. 0 $3, 200. 0
LS 1 $ 7, 500. 0 $7, 500. 0
LS 1 $ 27, 690. 0 $27, 690. 0
EA 1 $ 39, 725. 00 $39, 725. 00
EA 1 $ 2, 058.0 $2, 058.0
Total $ 129, 385. 00
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INTENTIONALLY
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