ITEM 4. 13
CITY MANAGER' SREPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
PISOR FENCE DIVISION, INC. FOR ROAD AND LEVEE
ACCESS GATES, CIP PS 23- 15
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Pisor Fence Division, Inc. for Road
and Levee Access Gates, CIP PS 23- 15, and Authorize
the Filing of a Notice of Completion, Release of
Contract Retention and Release of Performance and
Payment Bonds
SUMMARY:
Pisor Fence Division, Inc. (Pisor Fence) has completed the construction of Road and Levee Access Gates, Capital Improvement Project ( CIP) PS 23- 15 (Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Pisor Fence 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 Pisor Fence 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 of 2, 726 to Pisor Fence within forty-ive (45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On March 13, 2023, City Council awarded a construction contract to Pisor Fence for the construction of the Project in the amount of $ 54,08, approved a 20% construction contingency of $ 10, 902 and authorized staff to spend up to this amount as necessary to achieve the goals of the Project. The Project scope included the construction of two gates at each end of the Reclamation District 17 ( RD 17) concrete levee access tunnel under the westbound lanes of State Route 120 and Manthey Road. Construction of four pipe gates at the following locations was also completed under this contract: two on the west side of the north and south ends of Jefferson Way securing access to the east side of the San Joaquin river levee; one near each end of Howland Road with bollards blocking the adjacent shoulders to prevent vehicles from circumventing the gate. The tunnel gates and pipe gates on Jefferson Way were constructed to prevent unauthorized vehicle access to the San Joaquin River Levees. The pipe gates on Howland Road were constructed to prevent access to a permanently closed portion of Howland Road. Attachment C, Project Location CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PISOR FENCE, INC. FOR ROAD AND LEVEE ACCESS GATES, CIP PK PS 23- 15
Map shows the location of all gates and bollards constructed as a function of this contract.
No contract change orders were issued during the construction of the Project; therefore, the final contract price of the Project is $ 54,08.
Upon acceptance of the improvements, the performance bond ( Bond No. 100031385, 54,08) and payment bond ( Bond No. 100031385, $54,08) will be released and replaced with a one- year warranty bond ( Bond No. 101367778, $ 5, 450). 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.
Pisor Fence has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Pisor Fence for Road and Levee Access Gates, CIP PS 23- 15. 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 Pisor Fence for $ 2, 726 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
Pisor Fence has completed the Project pursuant to the contract documents dated March 13, 2023. Staff inspected the improvements, and City Engineer deemed the improvements complete and in accordance with the approved plans and specifications Pisor Fence 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 Pisor Fence for the Project is $ 54,08.
Adequate funds have been allocated in the FY 2024-5 budget to close out CIP PS 23- 15. With the completion of the Project, staff requests that unused funds be transferred back to the original funding source.
CITY MANAGER' SREPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PISOR FENCE, INC. FOR ROAD AND LEVEE ACCESS GATES, CIP PK PS 23- 15
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by Pisor Fence Division, Inc. for Road and Levee Access Gates, CIP PS 23- 15, Authorizing the Filing of a Notice of Completion, Release of Contract Retention and Release of Performance and Payment Bonds
B. Notice of Completion - Road and Levee Access Gates, CIP PS 23- 15 C. Project Location Map
CITY MANAGER' S REPORT PAGE 4
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PISOR FENCE, INC. FOR ROAD AND LEVEE ACCESS GATES, CIP PK PS 23- 15
APPROVALS:
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Steven Hollenbe k
Assistant Engineer
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Senior Construction Manager
Brad aylor
City ngineer
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Financ& Director
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Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
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Step en 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 PISOR FENCE DIVISION, INC.
FOR ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15 AND AUTHORIZE THE
FILING OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT RETENTION,
AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on March 13, 2023, City Council awarded a construction contract to Pisor Fence Division, Inc. (Pisor Fence) for Road and Levee Access Gates, CIP PS 23- 15, (Project) in the amount of $ 54,08 with a 20% construction contingency of 10, 902 and authorized staff to use up this amount as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of constructing four pipe gates and two tunnel gates at various locations within the City, as shown on Attachment C of the City Manager' sreport; 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, no contract change orders were issued during the construction of the project; therefore, the final contract price of the Project is $ 54,08; and WHEREAS, Pisor Fence 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. 100031385, $ 54,08) and payment bond ( Bond No. 100031385, $ 54,08) will be released and replaced with a one- year warranty bond ( Bond No. 101367778, $ 5, 450) 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 PS 23- 15 to close out the Project. With the completion of the Project, staff req uests that unused funds be transferred back to the source Fund; and WHEREAS, staff requests City Council accept the public improvements constructed by Pisor Fence for Road and Levee Access Gates, CIP PS 23- 15; 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 Pisor Fence in the amount of $ 2, 726 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 Pisor Fence for Road and Levee Access Gates, CIP PS 23- 15, pursuant to the contract documents dated March 13, 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 Pisor Fence, in the amount of $ 2, 726 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 transfer of unused funds back to the original funding source.
The foregoing resolution was passed and adopted this 10th day of March 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 ofrecording fees ( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' SUSE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
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 10th day of March 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: Pisor Fence Division, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Pisor Fence Division, Inc. P. O. Box 7213 Citrus Heights, CA 95621
7. That the real property herein referred to is situated in the State of California, and is described as follows:
CIP PS 23- 15- Road and Levee Access Gates
City of Lathrop County of San Joaquin,
That the undersigned has knowledge ofthe contents herein and states under penalty ofperjury 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 March 10, 2025 by Pisor Fence Division, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalfofthe City Council pursuant to authority conferred by minute action ofthe City Council adopted on March 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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