ITEM 4. 13
CITY MANAGER' SREPORT
FEBRUARY 9, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
B&M BUILDERS, INC. FOR SANGALANG PARK SHADE
SHELTER, CIP PK 25- 13
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by B&M Builders, Inc. for Sangalang
Park Shade Shelter, CIP PK 25- 13 and Authorize the
Filing of a Notice of Completion, Release of Contract
Retention, and Release of Performance and Payment
Bonds
SUMMARY:
B&M Builders, Inc. (B&M) has completed the construction of Sangalang Park Shade Shelter, CIP PK 25- 13, (Project). Staff inspected the improvements, and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
B&M 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 B&M 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 B&M of $ 10, 650 within forty-ive (45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On October 14, 2024, City Council awarded a construction contract to B&M for the construction of the Project in the amount of $ 192,40, approved a 15% construction contingency of $ 28, 820, and authorized staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project. The Project featured the installation of an octagonal shade shelter with a two -tiered roof, which keeps the space under the shelter cooler in hot weather than a traditional single roof. A concrete slab was constructed upon which the shelter was installed. Additional construction included the extension of a concrete walkway to the shade shelter from the existing tennis courts, and a stairway from the park' ssouth perimeter walkway down to the shade shelter. Tables and benches were installed on the slab under the shade shelter, and a drinking fountain, barbecue and hot coal bin were installed next to the shade shelter. The shelter' slocation directly west of the tennis courts will provide a shaded venue from which to view matches.
CITY MANAGER' SREPORT PAGE 2
FEBRUARY 9, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY B&M BUILDERS, INC.
FOR SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
Four ( 4) contract change orders totaling $ 20, 853 were issued during the construction of the project; therefore, the final contract price of the Project is $ 212, 993. Upon acceptance of the improvements, the performance bond and payment bond ( Bond No. 108116241, $ 192,40) will be released and replaced with a one- year warranty bond ( Bond No. 108116241, $ 21, 411). 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. B&M has also provided the necessary lien releases for the materials supplied and completed work.
REASON FOR RECOMMENDATION:
B&M has completed the Project pursuant to the contract documents dated October 14, 2024. Staff inspected the improvements, and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
B&M 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 subcontractors 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 with B&M for the Project is for $ 212, 993.
Adequate funds have been allocated in the FY 2025-6 budget to close out CIP PK 25- 13. With the completion of the Project, staff request that unused funds be transferred back to the original funding source, (1060) Measure C Fund.
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by B&M Builders, Inc. for Sangalang Park Shade Shelter, CIP PK 25- 13 and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Sangalang Park Shade Shelter, CIP PK 25- 13 CITY MANAGER' S REPORT PAGE 3
FEBRUARY 9, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY B&M BUILDERS, INC.
FOR SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
APPROVALS:
27.4 Steven Hollenbeak Date
Assistant Engineer
Brad Taylor
City ngineer
Cari Ja
Financ irector
I/P7Aorkb
Date
62 11,o671,
Date
1/? &/ Zaz tP
Thomas Hedegard Date
Deputy City Manager
28• zo14,
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Step en J. Salvatore Date
City Manager
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY B&M BUILDERS, INC. FOR SANGALANG PARK SHADE SHELTER, CIP PK 25- 13 AND AUTHORIZE THE
FILING OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT RETENTION,
AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on October 14, 2024, City Council awarded a construction contract to B&M Builders, Inc. (B&M) for Sangalang Park Shade Shelter, CIP PK 25- 13 Project) in the amount of $ 192,40, approved a 15% construction contingency of 28, 820 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 constructing multiple areas of concrete paving, and installing a shade shelter, drinking fountain, tables and benches and a barbecue with hot coal bin; 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 ( 4) contract change orders for a total of $20, 853 were issued during construction, for a total contract price of $212, 993; and WHEREAS, B&M 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. 108116241, 192,40) will be released and replaced with a one- year warranty bond ( Bond No. 108116241, $21, 411) 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 25- 13 to close out the Project. With the completion of the Project, staff request that unused funds be transferred back to the original funding source, (1060) Meausure C Fund; and
WHEREAS, staff requests City Council accept the public improvements constructed by B&M for Sangalang Park Shade Shelter, CIP PK 25- 13; 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 B&M in the amount of $ 10, 650 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 B&M for Sangalang Park Shade Shelter, CIP PK 25- 13 pursuant to the contract documents dated October 14, 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 B&M in the amount of $ 10, 650 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 ( 1060) Meausure C Fund.
The foregoing resolution was passed and adopted this 9th day of February 2026 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
RECORDING REOUESTED 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)
Attachment
p 11
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, ifthere 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 9th day ofFebruary 2026 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: B&M Builders, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
B&M Builders 11330 Sunrise Park Dr. Suite C Rancho Cordova CA 95742
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:
Sangalang Park Shade Shelter, CIP PK 25- 13
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:
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 February 9, 2026 by B&M Builders, 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 January 12, 2026, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager