ITEM 4. 13
CITY MANAGER' S REPORT
FEBRUARY 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
LAWRENCE BACKHOE SERVICE, INC. FOR CITYWIDE
FIBER OPTIC IMPROVEMENTS, CIP GG 22- 03
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Lawrence Backhoe Service, Inc. for
Citywide Fiber Optic Improvements, CIP GG 22- 03
and Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Lawrence Backhoe Service, Inc. (Lawrence Backhoe) has completed the construction of the McKinley Avenue fiber optic extension from Louise Avenue to Lathrop Road, which is a portion of CIP GG 22- 03, Citywide Fiber Optic Improvements ( Project).
Staff inspected the improvements, and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Lawrence Backhoe 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 Lawrence Backhoe for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Lawrence Backhoe of $ 12, 753 within forty-ive (45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On June 10, 2024, City Council awarded a construction contract to Lawrence Backhoe for the construction of the Project in the amount of $ 267, 568, with a 20% construction contingency of $ 53,13 for staff to use as necessary to achieve the goals of the Project. The Project scope included the installation, integration of fiber optic cable and the procurement and installation of new fiber optic pull boxes along McKinley Avenue extending from Louise Avenue to Lathrop Road including trenching west into the McKinley Avenue Wastewater Pump Station and a directional bore east to Park Street. The final construction contract amount with Lawrance Backhoe for the project was $ 255, 060, reflecting a reduction due to the presence of existing conduit that did not require installation. Staff is requesting that the remaining balance of 12, 508 remain in CIP GG 22- 03 to be used for other fiber optic improvements.
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 10, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY LAWRENCE BACKHOE SERVICE, INC. FOR CITYWIDE FIBER OPTIC IMPROVEMENTS, CIP GG 22- 03 Upon acceptance of the improvements, the performance bond ( Bond No. 024275654, 267, 568) and payment bond ( Bond No. 024275654, $267, 568) will be released and replaced with a one- year warranty bond ( Bond No. 024275654, $ 26, 757). 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.
Lawrence Backhoe has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Lawrence Backhoe for CIP GG 22- 03, Citywide Fiber Optic Improvements. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Lawrence Backhoe for $ 12, 753 within fortyfive ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
Lawrence Backhoe has completed the Project pursuant to the contract documents dated June 10, 2024. Staff inspected the improvements, and they have been deemed complete and in accordance with the plans and specifications by the City Engineer.
Lawrence Backhoe 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 Lawrance Backhoe for the project is 255, 060, reflecting a reduction due to the presence of existing conduit that did not require installation.
Adequate funds have been allocated in the FY 2024-5 budget to close out CIP GG 22- 03, McKinley Ave Fiber Optic Extension. With the completion of the Project, staff requests that unused funds remain in CIP GG 22- 03 to be used for other fiber optic improvements.
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 10, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY LAWRENCE BACKHOE SERVICE, INC. FOR CITYWIDE FIBER OPTIC IMPROVEMENTS, CIP GG 22- O3 ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by Lawrence Backhoe Service, Inc. for Citywide Fiber Optic Improvements, CIP GG 22- 03 and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - CIP GG 22- 03, Citywide Fiber Optic Improvements CITY MANAGER' S REPORT PAGE 4
FEBRUARY 10, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY LAWRENCE BACKHOE SERVICE, INC. FOR CIP GG 22- 03, CITYWIDE FIBER OPTIC IMPROVEMENTS APPROVALS:
Carlos Carrillo Date
Management Analyst
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Ken Reed Date
Senior Construction Manager
Bradlfiaylor
City Engineer
Cari Jam
Finance ' 8 ector
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
StepFien J. Salvatore Date
City Manager
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS CONSTRUCTED BY LAWRENCE BACKHOE SERVICE, INC. FOR CITYWIDE FIBER OPTIC IMPROVEMENTS, CIP GG 22- 03 AND
AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, RELEASE OF
CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on June 10, 2024, City Council awarded a construction contract to Lawrence Backhoe Service, Inc. ( Lawrence Backhoe) for the construction of the Project in the amount of $ 267, 568, with a 20% construction contingency of $ 53,13 for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the Project scope included the installation, integration of fiber optic cable and the procurement and installation of new fiber optic pull boxes along McKinley Avenue extending from Louise Avenue to Lathrop Road including trenching west into the McKinley Avenue Wastewater Pump Station and a directional bore east to Park Street; and
WHEREAS, the final construction contract amount with Lawrance Backhoe for the project was $ 255, 060, reflecting a reduction due to the presence of existing conduit that did not require installation; 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, Lawrence Backhoe 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; and
WHEREAS, the performance bond ( Bond No. 024275654, $ 267, 568) and payment bond ( Bond No. 024275654, $267, 568) will be released and replaced with a one- year warranty bond ( Bond No. 024275654, $ 26, 757); 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 any defective materials or workmanship in connection with the completed improvements; and
WHEREAS, adequate funds have been allocated in the FY 2024-5 budget to close out CIP GG 22- 03, McKinley Ave Fiber Optic Extension. With the completion of the Project, staff requests that unused funds remain in CIP GG 22- 03 to be used for other fiber optic improvements; and
WHEREAS, staff requests City Council accept the improvements constructed by Lawrence Backhoe for CIP GG 22- 03, Citywide Fiber Optic Improvements; and WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Lawrence Backhoe for $ 12, 753 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by Lawrence Backhoe for CIP GG 22- 03, Citywide Fiber Optic Improvements, pursuant to the contract documents dated June 10, 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 and the release of the contract retention to Lawrence Backhoe, in the amount of 12, 753 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 the City Council of the City of Lathrop approves the unused funds remain in CIP GG 22- 03 to be used for other fiber optic improvements.
The foregoing resolution was passed and adopted this 10th day of February 2025 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, 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' SUSE
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 GG 22- 03 McKinley Ave. Fiber Optic Extension by Lawrence Backhoe Service Inc.
4. That on the 10th day of February 2025 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: American Pavement Systems, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO.
Lawrence Backhoe Service, Inc.
CITY STATE
2985 A Street Castle Airport Atwater CA 95301
7. That the real property herein referred to is situated in the State of California, and is described as follows:
Project No. CIP GG 22- 03 McKinley Ave. Fiber Optic Extension by Lawrence Backhoe Service Inc.
CITY OF LATHROP
By:
City of Lathrop County of San Joaquin,
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge ofthe 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 February 10, 2025 by Lawrence Backhoe Service, 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 10, 2025, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
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