ITEM 4. 13
CITY MANAGER' SREPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
MARINA LANDSCAPE, INC. FOR THE GREEN PARK
IMPROVEMENTS, CIP PK 22- 12
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Marina Landscape, Inc. for The Green
Park Improvements, CIP PK 22- 12 and Authorize the
Filing of a Notice of Completion, Release of Contract
Retention, and Release of Performance and Payment
Bonds
SUMMARY:
Marina Landscape, Inc. (Marina Landscape) has completed construction of The Green Park Improvements, Capital Improvement Project ( CIP) PK 22- 12, (Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Marina Landscape 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 request City Council accept the completed improvements constructed by Marina Landscape 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 Marina Landscape of $ 25, 360 within forty-ive (45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On July 8, 2024, City Council awarded a construction contract to Marina Landscape for the construction of the Project in the amount of $ 486, 891 and approved a 15% construction contingency of $73, 034, and authorized staff to spend up to that amount as necessary to achieve the goals of the Project. The Project scope included the installation of a new play structure, concrete walkways, fitness equipment, cornhole boards and new landscape.
Four contract change orders totaling $ 20, 312 were issued during the construction of the project; therefore, the final contract price of the Project is $ 507, 203.
Upon acceptance of the improvements, the performance bond and payment bond Bond No. PB11510401458, $ 486, 891) will be released and replaced with a one- year warranty bond ( Bond No. PB11510401458, $ 50, 720). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year CITY MANAGER' S REPORT PAGE 2
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12
period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. Marina Landscape has also provided the necessary lien releases for the materials supplied and completed work.
REASON FOR RECOMMENDATION:
Marina Landscape has completed the Project pursuant to the contract documents dated July 8, 2024. Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Marina Landscape 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' sacceptance of the improvements.
FISCAL IMPACT:
The final construction contract amount with Marina Landscape for the Project is 507, 203.
Adequate funds have been allocated in the FY 2025-6 budget to close out CIP PK 22- 12. With the completion of the Project, staff request that unused funds be transferred back to the original funding source, Measure C ( 1060) Fund.
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Marina Landscape, Inc. for The Green Park Improvements, CIP PK 22- 12 and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - The Green Park Improvements, CIP PK 22- 12 CITY MANAGER' S REPORT PAGE 3
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12
APPROVALS:
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Steven Hollenbeak Date
Assistant Engineer
Brad Saylor
City Engineer
Cari Ja s
Financ Director
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Date
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Date
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Thomas Hedegard Date
Deputy City Manager
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Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
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Steffen 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 MARINA LANDSCAPE, INC. FOR THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12 AND AUTHORIZE THE
FILING OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT RETENTION,
AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on July 8, 2024, City Council awarded a construction contract to Marina Landscape, Inc. (Marina Landscape) for The Green Park Improvements, CIP PK 22- 12 (Project) in the amount of $ 486, 891, approved a 15% construction contingency of $ 73, 034 and authorized staff to spend up to that amount as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of installing a new play structure, concrete walkways, fitness equipment, cornhole boards and new landscape; 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, four contract change orders for a total of $ 20, 312 were issued during construction, for a total contract price of $ 507, 203; and WHEREAS, Marina Landscape 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 and payment bond ( Bond No.
PB11510401458, $486, 891) will be released and replaced with the one- year warranty bond ( Bond No. PB11510401458, $ 50, 720) 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 2025-6 budget for CIP PK 22- 12 to dose out the Project. With the completion of the Project, staff request that unused funds be transferred back to the original funding source, Measure C ( 1060) fund; and
WHEREAS, staff request City Council accept the public improvements constructed by Marina Landscape for The Green Park Improvements, CIP PK 22- 12; and
WHEREAS, 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 Marina Landscape in the amount of $ 25, 360 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 Marina Landscape for The Green Park Improvements, CIP PK 22- 12 pursuant to the contract documents dated July 8, 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 Marina Landscape in the amount of 25, 360 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 8th day of December 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
Exemptfrom payment ofrecording 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 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 8th day of December 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: Marina Landscape, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO.
Marina Landscape, Inc. 3707 W. Garden Grove Blvd.
7. That the real property herein referred to is situated in the State of California, and is described as follows:
The Green Park Improvements, CIP PK 22- 12
That the undersigned has knowledge of the contents herein and states under penalty ofperjury that the foregoing is true and correct.
CITY
Orange, CA
City of Lathrop
CITY OF LATHROP
By:
By:
STATE
92868
County of San Joaquin,
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 December 8, 2025 by Marina Landscape, 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 December 8, 2025, and the grantee consents to recordation thereofby its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager