ITEM 4. 14
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
CERVANTES LANDSCAPE SERVICES, INC. FOR
SPARTAN WAY MEDIAN FENCE, CIP PS 26-0
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Cervantes Landscape Services, Inc.
for Spartan Way Median Fence, CIP PS 26-0, and
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release . of
Performance and Payment Bonds
SUMMARY:
Cervantes Landscape Services, Inc. ( Cervantes Landscape), has completed construction of Spartan Way Median Fence, CIP PS 26-0 (Project).
City staff have inspected the work, and the City Engineer has determined that the improvements have been completed in accordance with the approved plans and specifications. Cervantes Landscape has submitted lien releases confirming that all subcontractors and suppliers have been paid in full. A one- year warranty bond equal to 10% of the construction contract amount been provided for the improvements being accepted.
Staff request that City Council accept the public improvements completed by Cervantes Landscape for the Project. Staff request that Council authorize the filing of the Notice of Completion with the San Joaquin County Clerk, release of contract retention totaling $ 15, 237 to Cervantes Landscape within forty-ive (45) days after the Notice of Completion is recorded and the release of performance and payment bonds associated with the Project.
Following acceptance, staff request that any unused project funds be returned to the Measure C Fund ( 1060).
BACKGROUND:
On December 8, 2025, City Council awarded a construction contract to Cervantes Landscape for $ 294,25, approved a 20% construction contingency of $ 58, 845 for construction of the Project and authorized staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project. The Project consisted of constructing a tubular steel fence and associated landscaping modifications in the median of Spartan Way from Stanford Crossing to Golden Valley Parkway.
CITY MANAGER' SREPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CERVANTES LANDSCAPE SERVICES, INC. FOR SPARTAN WAY MEDIAN FENCE, CIP PS 26-0 REASON FOR RECOMMENDATION:
Cervantes Landscape has completed the Project pursuant to the contract documents dated December 8, 2025. Staff have inspected the improvements, and they have been deemed complete and in accordance with the approved plans and, specifications by the City Engineer.
Cervantes 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 awarded contract was for $ 294,25, with an authorized 20% construction contingency of $ 58, 845, for a total construction budget of $ 353, 070. During construction, one change order for $ 10, 500 was issued, for a final contract cost at 304, 725. Sufficient funds were allocated to CIP PS 26-0 in the adopted Fiscal Year 2026-7 budget to fund all expenses and close out the Project. Following acceptance, staff request that any unused Project funds be returned to the Measure C Fund 1060).
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Cervantes Landscape Services, Inc. for Spartan Way Median Fence, CIP PS 26- 20, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Spartan Way Median Fence, CIP PS 26-0 CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CERVANTES LANDSCAPE SERVICES, INC. FOR SPARTAN WAY MEDIAN FENCE, CIP PS 26-0 APPROVALS:
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Steven Hollenbeak Date
Assistant Engineer
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Pub is Works Director / City Engineer
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Cari James Date
Finance Director
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Thomas Hedegard Date
Deputy City Manager
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Michael King Date
Assistant City Manager
14 Salvador Navarrete Date
City Attorney
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Stephen 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 CERVANTES LANDSCAPE
SERVICES, INC. FOR SPARTAN WAY MEDIAN FENCE, CIP PS 26-0, AND
AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, THE RELEASE OF
CONTRACT RETENTION, AND THE RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on December 8, 2025, City Council awarded a contract to Cervantes Landscape Services, Inc. ( Cervantes Landscape) for construction of Spartan Way Median Fence, CIP PS 26-0 (Project) in the amount of $ 294,25, approved a 20% construction contingency of $ 58, 845 and authorized staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work included constructing a pedestrian fence and landscape improvements in the median of Spartan Way between Stanford Crossing and Golden Valley Parkway; and
WHEREAS, City staff have inspected the work, and the City Engineer has determined that the improvements have been completed in accordance with the approved plans and specifications; and
WHEREAS, Cervantes Landscape has submitted lien releases confirming that all subcontractors and suppliers have been paid in full, and a one- year warranty bond equal to 10% of the construction contract amount for the improvements being accepted; and
WHEREAS, staff request that City Council accept the public improvements constructed by Cervantes Landscape for the Project; and WHEREAS, staff also request that City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Cervantes Landscape in the amount of $ 15, 237 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds; and
WHEREAS, upon City Council' s acceptance of the improvements, the performance and payment bonds ( Bond No. GRCA 72738) will be released and replaced with a one- year warranty bond in the amount of $ 29, 423 (Bond No. GRCA 72738); and
WHEREAS, the warranty bond ensures coverage for any necessary repairs or replacements due to defective materials or workmanship discovered within one year from the date of acceptance; and
WHEREAS, during construction, one ( 1) change order for $ 10, 500 was issued, resulting in a final contract cost' of $ 304, 725; and
WHEREAS, following acceptance, staff request that any unused project funds be transferred back to the Measure C Fund ( 1060).
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Cervantes Landscape for Spartan Way Median Fence, CIP PS 26-0; and BE IT FURTHER RESOLVED, that City Council authorizes the filing of the Notice of Completion with the San Joaquin County Clerk, release of contract retention to Cervantes Landscape in the amount of $ 15, 237 within forty-ive (45) days after the recording of the Notice of Completion, and release of performance and payment bonds; and
BE IT FURTHER RESOLVED, that City Council authorizes the return of unused project funds into the Measure C Fund ( 1060).
The foregoing resolution was passed and adopted this 14th day of September 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 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)
Attachment
1 SPACE ABOVE THIS LINE FOR RECORDER' S USE
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 14th day of September 2026 a work of improvement on the real property herein described was completed.
5. That the name ofthe original contractor, if any, for said work of improvement was: Cervantes Landscape Services, Inc..
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Cervantes Landscape Services, Inc. 16649 Sycamore Ave. Patterson, CA 95363
7. That the real property herein referred to is situated in the State of California, and is described as follows:
Spartan Way Median Fence, CIP PS 26-0
City of Lathrop County of San Joaquin,
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:
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 September 14, 2026 by Cervantes Landscape Services, 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 resolution ofthe City Council adopted on September 14, 2026, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager