ITEM 4. 22
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
MG AND JC CONCRETE, INC. FOR RECONSTRUCTION
OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS,
CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER
NO. 1, AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by MG and JC Concrete, Inc. for
Reconstruction of Mossdale Elementary School Curb
Ramps, CIP PS 24- 07, to Ratify City Manager' s
Action
to Execute Contract Change Order No. 1, and to
Approve Budget Amendment
SUMMARY:
To enhance and increase the safety of the pedestrian facilities adjacent to Mossdale Elementary School, the school requested the City to construct sidewalk and curb ramp improvements. Staff completed this work through Capital Improvement Project CIP) PS 24- 07 Traffic Calming, for the curb ramps reconstruction at Mossdale Elementary School ( Project), which consisted of the following:
Remove and replace two ( 2) curb ramps at the semi -circular driveway west of the Mossdale Elementary School on Golden Spike Trail
Remove and replace two ( 2) curb ramps at the southwest and southeast corners of McKee Boulevard and Crescent Moon Drive
Remove existing striping and install a new southerly crosswalk at McKee Boulevard and Crescent Moon Drive
Staff prepared and advertised the bid solicitation package with plans and specifications in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 060. The City received and opened five ( 5) bids that upon review and evaluation, the lowest responsive and responsible bidder was determined to be MG and JC Concrete, Inc. with a bid of 46, 313.
During construction, the northwest and northeast corners of McKee Boulevard and Crescent Moon Drive were inspected and determined noncompliant with current American with Disabilities Act ( ADA) requirements. MG and JC Concrete, Inc. submitted a quote to install these two ( 2) additional ramps, remove and replace curb, gutter, sidewalk, and restripe the entire McKee Boulevard and Crescent Moon Drive intersection.
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER NO. 1, AND
APPROVE BUDGET AMENDMENT
The additional work resulted in Contract Change Order ( CCO) No. 1 for $ 47, 191 for a total construction cost of $ 93, 504. To avoid any delay in completing the Project prior to students returning to school from spring break, CCO No. 1 was issued using City Manager' ssigning authority. Staff is requesting Council action to execute CCO No. 1 with MG and JC Concrete, Inc. for $ ratify
47, 191.
the City Manager' s
Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. MG and JC Concrete, Inc. 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 MG and JC Concrete, Inc. for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to MG and JC Concrete, Inc., in the amount of $ 4, 676 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
Manteca Unified School District ( MUSD) entered into a reimbursement agreement to reimburse the City $ 20, 000 of the Project cost. The City' s contribution for construction of the Project is therefore a net of $ 73, 504. Sufficient funds were not allocated in the approved Fiscal Year 24-5 budget, thus staff is also requesting the approval of a budget amendment transferring $74, 000 from the Gas Tax Fund - HUTA 2030) to the CIP Project Fund ( 3310).
BACKGROUND:
McKee Boulevard and Crescent Moon Drive is a three- way stop intersection that fronts an emergency driveway at the Mossdale Elementary School. This intersection is heavily used by students from Mossdale residential area east of McKee Boulevard. To enhance the safety of pedestrians crossing, the Mossdale Elementary School requested the City to install a new crosswalk at the south crossing leg of this intersection. In addition, the Principal requested the removal and replacement of two ( 2) additional ramps at the semi -circular driveway on Golden Spike Trail.
Staff prepared and advertised the bid solicitation package with plans and specifications in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 060. The City received and opened five ( 5) bids that upon review and evaluation, the lowest responsive and responsible bidder was determined to be MG and JC Concrete, Inc. with a bid of 46, 313.
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER NO. 1, AND
APPROVE BUDGET AMENDMENT
During construction, the northwest and northeast corners of McKee Boulevard and Crescent Moon Drive were inspected and determined noncompliant with current ADA requirements. MG and JC Concrete, Inc. provided a quote to install these two ( 2) additional ramps, remove and replace 615 square feet of curb, gutter, and sidewalk, and restripe the entire McKee Boulevard and Crescent Moon Drive intersection.
The additional work resulted in Contract Change Order ( CCO) No. 1 for $ 47, 191 for a total construction cost of $ 93, 504. To avoid any delay in completing the Project prior
signing
to
authority.
students returning
Staff requests
to school,
Council
CCO
ratify
No.
the
1 was
City
issued
Manager' s
using
action
City
to
Manager' s
execute
CCO No. 1 with the MG and JC Concrete, Inc. for $ 47, 191 to complete CIP PS 24- 07.
Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. Upon acceptance of the improvements, the performance and payment bonds ( Bond No. 66292) will be released and replaced with a warranty bond ( Bond No. 66292, 46, 313). 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.
MG and JC Concrete, Inc. has also provided the necessary lien releases for the materials supplied and completed work.
REASON FOR RECOMMENDATION:
Construction of CIP PS 24- 07 for Curb Ramps Reconstruction at Mossdale Elementary School was needed to install ADA standardized curb ramps and a new crosswalk at the McKee Boulevard and Crescent Moon Drive intersection. Ratification of Contract Change Order No. 1 with MG and JC Concrete, Inc. will allow the City to process final payment and accept the Project improvements.
FISCAL IMPACT:
The initial construction contract with MG and JC Concrete, Inc. was for $ 46, 313. CCO No. 1 in the amount of $47, 191 was issued for a total construction cost of $ 93, 504.
MUSD entered into a reimbursement agreement with the City to contribute $ 20, 000 for construction of the Project.
Sufficient funds were not allocated in the approved Fiscal Year 24-5 budget, thus staff is also requesting the approval of a budget amendment transferring $ 74, 000 from the Gas Tax Fund - HUTA ( 2030) to the CIP Project Fund ( 3310) as follows:
Increase Transfer Out
2030- 9900-90- 9010 $ 74, 000
CITY MANAGER' S REPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER NO. 1, AND
APPROVE BUDGET AMENDMENT
Increase Transfer In
3310- 9900- 393- 0000
Increase Expense
3310- 8000- 420- 10
ATTACHMENTS:
PS 24- 07 $ 74, 000
PS 24- 07 $ 74, 000
A. Resolution to Accept Public Improvements Constructed by MG and JC Concrete, Inc. for Reconstruction of Mossdale Elementary School Curb Ramps, CIP PS 24- 07, to Ratify City Manager' sAction to Execute Contract Change Order No. 1, and to Approve Budget Amendment
B. Notice of Completion - Mossdale Elementary School Curb Ramps, CIP PS 24- 07 C. Contract Change Order No. 1 with MG and JC Concrete, Inc. for Reconstruction of Mossdale Elementary School Curb Ramps, CIP PS 24- 07 CITY MANAGER' S REPORT PAGE 5
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER NO. 1, AND
APPROVE BUDGET AMENDMENT
APPROVALS:
Angel Abarca
Assistant Engineer
I / 2. 32y
Date
Ken Reed Date
to- 3-DD
Senior Construction Manager
Bra 2t aylor
City Engtr€ er
Cari Ja s
Finance/ Director
Date
b/ 1/ 702-, 4
Date
Michael King Date
Assistant City Manager
0/ 3/2avr'
lo• Z•oV0. 3 . - t- q
Salvador Navarrete Date
City Attorney
1o• '7-u.1
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND 3C
CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, TO RATIFY CITY MANAGER' SACTION TO EXECUTE CONTRACT CHANGE ORDER NO. 1, AND TO APPROVE BUDGET
AMENDMENT
WHEREAS, to enhance and increase the safety of the pedestrian facilities adjacent to Mossdale Elementary School, the school requested the City construct sidewalk and curb ramp improvements; and
WHEREAS, staff completed this work through Capital Improvement Project CIP) PS 24- 07 Traffic Calming, for the curb ramps reconstruction at Mossdale Elementary School ( Project); and
WHEREAS, the scope of work included the reconstruction of curb ramps at the southwest and southeast corners of McKee Boulevard and Crescent Moon Drive, removal of existing markings, and installation of a new crosswalk using thermoplastic striping; and
WHEREAS, staff prepared and advertised the bid solicitation package with plans and specifications in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 060; and WHEREAS, the City received and opened five ( 5) bids that upon review and evaluation, the lowest responsive and responsible bidder was determined to be MG and JC Concrete, Inc. with a bid of $46, 313; and
WHEREAS, during construction, the northwest and northeast corners of McKee Boulevard and Crescent Moon Drive were inspected and determined noncompliant with current American with Disabilities Act ( ADA) requirements; and WHEREAS, MG and JC Concrete, Inc. provided a quote to install these two ( 2) additional ramps, remove and replace 615 square feet of curb, gutter, and sidewalk, and restripe the entire McKee Boulevard and Crescent Moon Drive intersection; and WHEREAS, the additional work resulted in Contract Change Order ( CCO) No. 1 for $ 47, 191 for a total construction cost of $ 93, 504; and WHEREAS, to avoid any delay in completing the Project prior to students signing
returning
authority;
to school
and
from spring break, CCO No. 1 was issued using City Manager' s WHEREAS, staff requests Council ratify the City Manager' s action to execute CCO No. 1 with the Contractor for $ 47, 191 for completion of CIP PS 24- 07; and WHEREAS, the initial construction contract with MG and JC Concrete, Inc. was for $ 46, 313. CCO No. 1 in the amount of $ 47, 191 was issued for a total construction cost of $93, 504; and
WHEREAS, Manteca Unified School District ( MUSD) entered into a reimbursement agreement to reimburse the City $ 20, 000 of the Project cost; and WHEREAS, the City' s contribution for construction of the Project is therefore a net of $73, 504. Sufficient funds were not allocated in the approved Fiscal Year 24- 25 budget, thus staff is also requesting the approval of a budget amendment transferring $ 74, 000 from the Gas Tax Fund - HUTA ( 2030) to the CIP Project Fund 3310) as follows:
Increase Transfer Out
2030- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Expense
3310- 8000- 420- 10
74, 000
PS 24- 07 $ 74, 000
PS 24- 07 $ 74, 000
WHEREAS, MG and JC Concrete, Inc. has completed the construction of the project; staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and WHEREAS, MG and JC Concrete, Inc. has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, MG and JC Concrete, Inc. 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 ( Bond No. 66292) will be released and replaced with a one- year warranty bond ( Bond No. 66292, $ 46, 313) upon City Council' sacceptance of the improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by MG and JC Concrete, Inc. for Reconstruction of Mossdale Elementary School Curb Ramps, CIP PS 24- 07; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby ratifies City Manager' sAction to Execute Contract Change Order No. 1 with MG and JC Concrete, Inc. for Reconstruction of Mossdale Elementary School Curb Ramps, CIP PS 24- 07; and
BE IT FURTHER RESOLVED, the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 74, 000 from the Gas Tax Fund - HUTA 2030) to the CIP Project Fund ( 3310) as detailed above.
The foregoing resolution was passed and adopted this 14th day of October 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney ATTACHMEN1
9 ( 6
n
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecordingfees (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 title or the stated owner, or if more than one owner, then of the stated owner and co - owners is:
Project No. CIP PS 24- 07 Reconstruction of Mossdale Elementary School Curb Ramps by MG and JC Concrete, Inc.
4. That on the 14th day of October 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: MG and JC Concrete, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
MG and JC Concrete, Inc. 401 Buckeye Street Vacaville CA 95688
7. That the real property herein referred to is situated in the State of California, and is described as follows:
City of Lathrop County of San Joaquin,
Project No. CIP PS 24- 07 Reconstruction of Mossdale Elementary School Curb Ramps
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge of the contents herein and states under penalty ofperjury that the foregoing is true and correct.
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 October 14, 2024 by MG and JC Concrete, 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 October 14, 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75B30CD33CE0 CHANGE ORDER NO. 1
Reconstruction of Curb Ramps,
CIP PS 24- 07
ATTACHMENT" C "
CONTRACT CHANGE ORDER NO. 1
Reconstruction of Curb Ramps, CIP PS 24- 07
Contractor: MG and JC Concrete, Inc.
Address: 401 Buckeye St.
Vacaville, CA 95688
Change Order Date: October et , 2024
Notice to Proceed Date: September 10, 2024
Contract Execution Date: September 10, 2024
City of Lathrop
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 MG and JC Concrete, Inc. dated September 10, 2024.
I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S)/UBTRACTION( S) TO CONTRACT
PCO DESCRIPTION QTY UNIT UNIT
PRICE
TOTAL
1 Curb, gutter, and vertical curb removed 102 LF 38. 00 3, 876. 00 1 Curb, gutter, and vertical curb reconstructed 169 SF 55. 00 9, 295. 00 1 PCC sidewalk removed 616 SF 10. 00 6, 160. 0
1 PCC sidewalk reconstructed 616 SF 35. 00 21, 560. 0
1 Truncated domes 2 Each 1, 800. 0 3, 600. 0
1 Glued down domes 2 Each 600. 00 1, 200. 0
1 Traffic control 1 Each 1, 500. 0 1, 500. 0
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER 47, 191. 00 Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75B30CD33CE0 CHANGE ORDER NO. 1
Reconstruction of Curb Ramps,
CIP PS 24- 07 City of Lathrop
ORIGINAL CONTRACT AMOUNT 46, 313. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 1 93, 504. 00
END OF CHANGES)
DESCRIPTION OF WORK
See " II. ADDITION( S)/UBTRACTION( S) TO CONTRACT." The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order. Works to be performed are detailed in attached Exhibit A.
TIME OF COMPLETION
CCO # 1 will not increase the time frame of the original 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. 1. 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)
Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75830CD33CE0 CHANGE ORDER NO. 1
Reconstruction of Curb Ramps,
CIP PS 24- 07
Approved As
To Form:
Recommended
By:
Approved By:
Accepted By
Contractor:
City of Lathrop
a-?- 2. 0
2 -At
Salvador Navarrete Date
City Attorney
City of Lathrop
v
Michael King
Assistant City Manager
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
e—DocuSigned by:
1o.. 20201
Date
Date
10/ 7/ 2024
MGana3eoncrete, Inc. Date
Miguel Gonzalez CEO
Print Name and Title
Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75B30CD33CE0 Exhibit A
w
Extra work on mossdale elementary school
S. W. corner of mckee blvd and crescent moon dr
Removed PCC sidewalk
Reconstructed PCC sidewalk 25 SF
N. W. corner mckee blvd and crescent moon dr
Removed Curb and gutter 37 LF
Reconstructed curb and gutter 80 LF
Removed PCC sidewalk 162 SF
Reconstructed PCC sidewalk 162 SF
Detectible warnings/ truncated domes 4' x5' installed 2 N. E. corner of mckee blvd and crescent moon dr
Removed curb and gutter
Reconstructed curb and gutter
Removed PCC sidewalk
reconstructed PCC side walk
32 LF
56 LF
319 LF
319 LF
S. E. ramp at golden spyke trail
Removed Curb and gutter 17 LF
Reconstructed curb and gutter 17 LF
Removed PCC sidewalk 70 SF
Reconstructed PCC side walk 70 SF
N. E. corner at golden spyke trail
Removed curb and gutter 16 LF
Reconstructed curb and gutter 16 LF
Removed PCC sidewalk 40SF
Reconstructed PCC sidewalk 40 SF
Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75B30CD33CE0 Glued down detectible warnings installation 2
Totals
curb and gutter and vertical curb removed 102 LF @ $ 38 = 3, 876 curb and gutter and vertical curb reconstructed 169 SF @ $ 55 = 9, 295 PCC sidewalk removed 616 SF @ $ 10 = 6, 160
PCC sidewalk reconstructed 616 SF @ $ 35 = 21, 560
Truncated domes 2 @ 1800 $ = 3, 600
Glued down domes 2 @ $ 600 = 1, 200
Traffic control 1, 500
TOTAL 47, 191