ITEM 4.21
CITY MANAGER'S REPORT
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
BEAR ELECTRICAL SOLUTIONS, LLC FOR STREET
LIGHTS ON MCKINLEY AVENUE, CIP PS 25-15
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Bear Electrical Solutions, LLC for
Street Lights on McKinley Avenue, CIP PS 25-15, and
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
SUMMARY:
Bear Electrical Solutions, LLC (Bear Electrical) completed construction of the Capital Improvement Project (CIP) PS 25-15 for Street Lights on McKinley Avenue (Project) that installed (9) City furnished street light poles and fixtures along the new sidewalk on McKinley Avenue. Staff inspected and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications. Bear Electrical has submitted lien releases, confirming all sub-contractors and suppliers have been paid in full, and a one-year warranty bond (based on 10% of the construction contract) for the improvements to be accepted.
Staff is requesting City Council accept the improvements constructed by Bear Electrical for the Project. Staff also request City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Bear Electrical, in the amount of $12,119 within forty-five (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On November 18, 2024, City Council created CIP PS 25-15 and awarded a construction contract to Bear Electrical for construction of the Project to install street lighting along the new sidewalk on Mckinley Avenue. The Project scope of work included installing 2" street light conduit at the back of walk, installing streetlight foundations, placing a new communication box, trenching and patching asphalt at existing driveway, and all wiring and connections to install nine (9) City furnished street light poles and fixtures.
The awarded contract was in the amount of $242,365 and a 10% construction contingency of $24,237 was authorized for staff to use as necessary to achieve the goals of the project. The total construction budget for the project was $266,602.
During construction, no contract change orders were issued and the final contract amount remained as $242,365.
CITY MANAGER'S REPORT PAGE 2
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY BEAR ELECTRICAL SOLUTIONS, LLC FOR STREET LIGHTS ON MCKINLEY AVENUE, CIP PS 25-15 Staff is requesting City Council accept the public improvements constructed by Bear Electrical for the Project. Staff also request City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Bear Electrical in the amount of $12,119 within forty-five (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
Bear Electrical completed construction of the Project. Staff inspected and the City Engineer deemed the improvements complete and in accordance with the plans and specifications approved.
Upon acceptance of the improvements, the performance and payment bonds (Bond No. 0865536) will be released and replaced with a warranty bond (Bond No. 0865536, $24,237). 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.
Bear Electrical has also provided the necessary lien releases for the materials supplied and completed work.
FISCAL IMPACT:
Adequate funds were allocated within Fiscal Year 24/25 budget to close out CIP PS 25-15. With the completion of this project, staff request that unused funds be transferred back into General Fund Street Repair Reserves (1010).
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Bear Electrical Solutions, LLC for Street Lights on McKinley Avenue, CIP PS 25-15, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Street Lights on McKinley Avenue, CIP PS 25-15 CITY MANAGER'S REPORT PAGE 3
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY BEAR ELECTRICAL SOLUTIONS, LLC FOR STREET LIGHTS ON MCKINLEY AVENUE, CIP PS 25-15 APPROVALS:
04-30-2025
Angel Abarca Date
Assistant Engineer
5/1/2025
Brad Taylor Date
City Engineer
Cardano 5/1/2025
cari James Date
Finance Director
4. 30. 2025
Michael King Date
Assistant City Manager
4.30-2025
Salvador Navarrete Date
City Attorney
5.5.25 Stephen 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 BEAR ELECTRICAL SOLUTIONS, LLC FOR STREET LIGHTS ON MCKINLEY AVENUE, CIP PS 25-15, AND
AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, THE RELEASE OF
CONTRACT RETENTION, AND THE RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on November 18, 2024, City Council created Capital Improvement Project (CIP) PS 25-15 for Street Lights on Mckinley Avenue (Project) and awarded a construction contract to Bear Electrical Solutions, LLC (Bear Electrical) for construction of the Project; and
WHEREAS, the Project scope of work included installing 2" street light conduit at the back of walk, installing streetlight foundations, placing a new communication box, trenching and patching asphalt at existing driveway, and all wiring and connections to install nine (9) City furnished street light poles and fixtures; and WHEREAS, Bear Electrical completed construction of the Project. Staff inspected and the City Engineer deemed the improvements complete and in accordance with the plans and specifications approved; and WHEREAS, Bear Electrical has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, Bear Electrical has submitted a one-year warranty bond (based on 10% of total project cost) for the improvements being accepted; and WHEREAS, upon acceptance of the improvements, the performance and payment bonds (Bond No. 0865536) will be released and replaced with a warranty bond (Bond No. 0865536, $24,237); and
WHEREAS, the awarded contract was in the amount of $242,365 and a 10% construction contingency of $24,237 was authorized for staff to use as necessary to achieve the goals of the project. The total construction budget for the project was $266,602. During construction, no contract change orders were issued and the final contract amount remained as $242,365; and
WHEREAS, adequate funds were allocated within Fiscal Year 24/25 budget to close out CIP PS 25-15. With the completion of this project, staff request that unused funds be transferred back into General Fund Street Repair Reserves (1010); and WHEREAS, staff request City Council accept the public improvements constructed by Bear Electrical for Street Lights on McKinley Avenue, CIP PS 25-15; and
WHEREAS, staff also request City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk upon acceptance of the improvements and the release of the contract retention to Bear Electrical in the amount of $12,119 within forty-five (45) days after the recording of the Notice of Completion, and the release of the performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Bear Electrical for Street Lights on Mckinley Avenue, CIP PS 25-15; 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 Bear Electrical, in the amount of $12,119 within forty-five (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 City Council also authorizes the transfer of the unused project funds into the General Fund Street Repair Reserves (1010) as detailed above.
The foregoing resolution was passed and adopted this 12th day of May 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
3A
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
RECORDING REQUESTED BY, AND " B "
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'S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1 NaMe interest or estate sat in a AND Sorein in the real property herein described is owned STATE STREET AND NO.
City of Lathrop 390 Towne Centre Drive Lathrop 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.
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 day of May 2025 a work of improvement on the real property herein described was completed.
That the name of the original contractor, if any, for said work of improvement was: Bear Electrical Solutions, LLC
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Bear Electrical Solutions, LLC P.O. Box 924 Alviso CA 95002 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:
CIP PS 25-15 Street Lights on McKinley Avenue
That the undersigned has knowledge of the contents herein and states under penalty of perjury 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 22223
Dated By
Stephen J. Salvatore, City Manager