ITEM 4. 19
CITY MANAGER' SREPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
MG & ) C CONCRETE, INC. FOR CTF SERVICE
DRIVEWAY, CIP WW 22- 38
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by MG & ) C Concrete, Inc. for CTF
Service Driveway, CIP WW 22- 38, and Authorize the
Filing of a Notice of Completion, Release of Contract
Retention, Release of Performance and Payment
Bonds and Filing the One -Year Maintenance
Warranty Bond
SUMMARY:
MG & JC Concrete, Inc. ( MG & JC Concrete) has completed the construction of Consolidated Treatment Facility ( CTF) Service Driveway, CIP WW 22- 38 (Project).
Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
MG & JC Concrete has submitted lien releases confirming all subcontractors and suppliers have been paid in full and provided a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the completed improvements constructed by MG & JC Concrete for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk -Recorder, the release of contract retention to MG & JC Concrete of $ 1, 611 within forty-ive (45) days after filing the Notice of Completion, the release of performance and payment bonds and filing the one- year maintenance warranty bond.
BACKGROUND:
On August 30, 2024, City Council awarded a construction contract to MG & JC Concrete for the construction of the Project in the amount of $ 32, 225, and approved a 10% construction contingency of $ 3, 222 for staff to use as necessary to achieve the goals of the Project.
The Project scope consisted of constructing a concrete service driveway into the CTF from Christopher Way. This driveway is extra wide, allowing for the passage of large industrial and construction equipment not possible through the existing main driveway.
No contract change orders were issued during the construction of the project; therefore, the final contract price of the Project is $ 32, 225.
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG & JC CONCRETE, INC. FOR CTF SERVICE DRIVEWAY, CIP WW 22- 38
Upon acceptance of the improvements, the performance bond ( Bond No. 66878, 32, 225) and payment bond ( Bond No. 66878, $32, 225) will be released and replaced with a one- year warranty bond ( Bond No. 66878, $3, 222). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. MG & JC Concrete has also provided the necessary lien releases for the materials supplied and completed work.
Staff request City Council accept the improvements constructed by MG & JC Concrete for CIP WW 22- 38 CTF Service Driveway. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk -Recorder, the release of contract retention to MG & JC Concrete of $ 1, 611 within forty-ive (45) days after the recording of the Notice of Completion, the release of performance and payment bonds and the filing of the one- year maintenance warranty bond.
REASON FOR RECOMMENDATION:
MG & JC Concrete has completed the Project pursuant to the contract documents dated July 11, 2024. Staff inspected the improvements, and they have been deemed complete and in accordance with the plans and specifications approved by the City Engineer.
MG & JC Concrete has submitted a one- year warranty bond for the improvements to be accepted ( based on 10% of the construction contract) and lien releases confirming all sub -contractors and suppliers have been paid in full. 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.
The performance bond and payment bond will be released and replaced with the oneyear warranty bond upon City Council' s acceptance of the improvements.
FISCAL IMPACT:
The final construction contract amount with MG & JC Concrete for the Project is 32, 225. Adequate funds have been allocated in the FY 2024-5 budget to CIP WW 22- 38 to close out the Project. With the completion of the Project, staff request that unused funds be transferred back to the original funding source.
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG & JC CONCRETE, INC. FOR CTF SERVICE DRIVEWAY, CIP WW 22- 38
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by MG & JC Concrete, Inc. for CTF Service Driveway, CIP WW 22- 38, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, Release of Performance and Payment Bonds and Filing the One Year Maintenance Warranty Bond.
B. Notice of Completion - CTF Service Driveway, CIP WW 22- 38 CITY MANAGER' S REPORT PAGE 4
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG & JC CONCRETE, INC. FOR CIP WW 22- 38 CTF SERVICE DRIVEWAY
APPROVALS:
2A/• 04., /7 . ( e,
Steven Hollenbeak
Assistant Engineer
n( Lo•
Ken Reed Date
Senior Construction Manager
Date
t-5- Zoa--
Bra aylor
City Engineer
Cari Ja
Financ_ Director
I
l/y/ 7417A
Date
Date
Michael King Date
Assistant City Manager
Salvador Navarrete
City Attorney
11. 9. zozy
Date
Stephen J. Salvatore Date
City Manager
11. i4. 29-
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG & 7C CONCRETE, INC. FOR CTF SERVICE DRIVEWAY, CIP WW 22- 38, AND AUTHORIZE THE FILING OF A
NOTICE OF COMPLETION, RELEASE OF CONTRACT RETENTION, RELEASE OF
PERFORMANCE AND PAYMENT BONDS AND FILING THE ONE- YEAR
MAINTENANCE WARRANTY BOND
WHEREAS, on August 30, 2024, the City Manager approved a construction contract with MG & JC Concrete, Inc. (MG & JC Concrete) for CTF Service Driveway, CIP WW 22- 38, (Project) in the amount of $ 32, 225 with a 10% construction contingency of $ 3, 222 for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of constructing a concrete service driveway into the CTF from Christopher Way; and
WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, MG & JC Concrete has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total Project cost) for the improvements being accepted; and WHEREAS, the performance bond ( Bond No. 66878, $32, 225) and payment bond ( Bond No. 66878, $32, 225) will be released and replaced with a one- year warranty bond ( Bond No. 66878, $3, 222) upon City Council' s acceptance of the
improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may 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, adequate funds have been allocated in the FY 2024-5 budget for CIP WW 22- 38 to close out the Project. With the completion of the Project, staff requests that unused funds be transferred back to the source Fund; and WHEREAS, staff requests City Council accept the public improvements constructed by MG & JC Concrete for CTF Service Driveway, CIP WW 22- 38,; and WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk - Recorder, the release of contract retention to MG & JC Concrete in the amount of $ 1, 611 within forty-ive (45) days after the recording of the Notice of Completion, the release of performance and payment bonds and filing the one- year maintenance warranty bond.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by MG JC Concrete for CTF Service Driveway, CIP WW 22- 38, pursuant to the contract documents dated August 30, 2024; 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 - Recorder, the release of the contract retention to MG & JC Concrete in the amount of 1, 611 within forty-ive (45) days after the recording of the Notice of Completion, the release of the performance and payment bonds and filing the one- year maintenance warranty bond; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the transfer of unused funds back to the original funding source.
The foregoing resolution was passed and adopted this 18th day of November, 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 A t I
1.ACHMENT
RECORDING REQUESTED BY
CITY OF LATHROP
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recordingfees ( 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, ifthere 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 18th day of November, 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 & JC Concrete, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
MG & JC Concrete, Inc. 401 Buckeye Street Vacaville, CA 95688
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:
CTF Service Driveway, CIP WW 22- 38
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:
Stephen J. Salvatore, City Manager Date
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 November 18, 2024 by MG & 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 November 18, 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
ONCONDITIONAL WANNER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT THIS DOCUMENT WAIVES AND RELEASES UEN, STOP
PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS
DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.
Identifying' Information
Name of Claimant: }, 1C —I
Name of Customer: l i l- c ? l,cA4- sn
Jo Locatisin. L _gco kt s ., o -V- Wcti r
L a44tmC q R, 210 .
Unconditional Waiver and Release
This document waives and releases lien, stop: payment notice, and payment bond rights the daimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, orequipment or material delivered; pursuant to a written change order that has been fully executedby the parties prior to the date that thin document is signed by the claimant, are waived and released by this document, unless listed as an Exception below: The claimant has ben paid in MI
72. S . C9CM
Exceptions
This document does not affect any of the following:
Disputed claims fir extras in the Amount if_ $
Signature
ciaimants- signatuw Q: 11
Ctai =< tte: jgs
Dates of Sjgnebtr. etO 12y