ITEM 4. 17
CITY MANAGER' S REPORT
OCTOBER 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
MOZINGO CONSTRUCTION, INC. FOR MCKINLEY
AVENUE FORCE MAIN INTERTIE PROJECT, CIP WW
25-3
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Mozingo Construction, Inc. for
McKinley Avenue Force Main Intertie Project, CIP
WW 25-3, and Authorize the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:
Mozingo Construction, Inc. ( Mozingo), has completed construction of McKinley Avenue Force Main Intertie, Capital Improvement Project ( CIP) WW 25-3 (Project).
City staff has inspected the work, and the City Engineer has determined that the improvements were completed in accordance with the approved plans and specifications. Mozingo 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 has been provided for the improvements being accepted.
Staff request that City Council accept the public improvements completed by Mozingo for the Project. Staff also request that Council authorize the filing of the Notice of Completion with the San Joaquin County Clerk, the release of contract retention totaling $ 197, 460 to Mozingo within forty-ive (45) days after the Notice of Completion is recorded, and the release of performance and payment bonds.
Following acceptance, staff request that any unused project funds be returned to the Wastewater Connection Fee Fund ( Fund 6030) and General Fund Reserve ( Fund 1010).
BACKGROUND:
On September 8, 2025, City Council adopted Resolution No. 25- 5882, approving a construction contract with Mozingo for $ 3, 758,11, a 15% construction contingency of $ 563, 807, and authorizing staff to expend contingency funds as necessary to achieve project goals. City Council also approved a budget amendment of $4, 322, 518 to fund construction of the Project.
The Project consisted of installing approximately 3, 700 linear feet of 16 -inch PVC force main, 1, 270 linear feet of 6 -inch PVC force main, and 1, 000 linear feet of 3 - inch PVC force main; a 330 -foot jack -and - bore crossing beneath existing railroad CITY MANAGER' S REPORT PAGE 2
OCTOBER 12, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MOZINGO
CONSTRUCTION, INC. FOR MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT, CIP WW 25-3
infrastructure, modifications to existing pump stations; and the installation of air release valves, flushing stations, electrical conduit with pull boxes, and cathodic protection systems.
During construction, Change Order No. 1 was issued in the amount of $ 190, 481 to address railroad permit requirements for the jack -and - bore crossing, relocation of conflicting communication boxes and an existing flow meter, install a line stop, plug valve, and air release valve, and accommodate hot mix asphalt price increases. This work was funded through the approved project contingency.
REASON FOR RECOMMENDATION:
Mozingo has completed the Project pursuant to the contract documents dated September 8, 2025. Staff has inspected the improvements, and the City Engineer has determined they are complete and compliant with the approved plans and specifications.
Mozingo has submitted all required lien releases and provided a one- year warranty bond ( equal to 10% of the construction contract). The warranty bond covers any necessary repairs or replacements due to defective materials or workmanship for one year following acceptance. Upon City Council acceptance, the performance and payment bonds will be released and replaced by the one- year warranty bond.
FISCAL IMPACT:
The awarded contract was $ 3, 758,11, with an authorized 15% contingency of 563, 807, for a total budget of $ 4, 322, 518. During construction, one ( 1) change order totaling $ 190, 481 was issued, resulting in a final contract cost of $ 3, 949, 192.
Sufficient funds were allocated to CIP WW 25-3 in the adopted Fiscal Year 2026-7 budget to cover all expenses and close out the Project. Following acceptance, staff requests that all remaining unused project funds be returned to the Wastewater Connection Fee Fund ( Fund 6030) and General Fund Reserve ( Fund 1010).
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Mozingo Construction, Inc. for McKinley Avenue Force Main Intertie Project, CIP WW 25- 23, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - McKinley Avenue Force Main Intertie, Capital Improvement Project ( CIP) WW 25-3
CITY MANAGER' S REPORT PAGE 3
OCTOBER 12, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MOZINGO
CONSTRUCTION, INC. FOR MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT, CIP WW 25-3
APPROVALS:
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Bellal Nabizadah Date
Assistant Engineer
Bra Taylor
Public Wor
Cari Jame
Finance D r-ctor
ctor / City Engineer
Thomas Hedegard
Deputy City Manager
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Date
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Date
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Michael King Date
Assistant City Manager
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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 MOZINGO CONSTRUCTION, INC.
FOR MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT, CIP WW 25-3,
AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, RELEASE OF
CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on September 8, 2025, City Council adopted Resolution No. 25- 5882, approving a construction contract with Mozingo Construction, Inc. (Mozingo) for construction of the McKinley Avenue Force Main Intertie, Capital Improvement Project ( CIP) WW 25-3 (Project) in the amount of $ 3, 758,11, a 15% construction contingency of $ 563, 807, and authorizing staff to expend contingency funds as necessary to achieve Project goals; and
WHEREAS, the scope of work included the installation of approximately 3, 700 linear feet of 16 -inch PVC force main, 1, 270 linear feet of 6 -inch PVC force main, and 1, 000 linear feet of 3 -inch PVC force main; a 330 -foot jack -and - bore crossing beneath existing railroad infrastructure, modifications to existing pump stations; and the installation of air release valves, flushing stations, electrical conduit with pull boxes, and cathodic protection systems; and
WHEREAS, City staff has inspected the work, and the City Engineer has determined that the improvements were completed in accordance with the approved plans and specifications; and
WHEREAS, Mozingo 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 Mozingo 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 Mozingo in the amount of $ 197, 459. 5 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 will be released and replaced by a one- year warranty bond in the amount of $ 394, 919. 1; and
WHEREAS, the warranty bond covers any necessary repairs or replacements due to defective materials or workmanship for one year following acceptance; and WHEREAS, during construction, Change Order No. 1 was issued in the amount of $ 190, 480. 86to address railroad permit requirements for the jack -and - bore crossing, relocation of conflicting communication boxes and an existing flow meter, install a line stop, plug valve, and air release valve, and accommodate hot mix asphalt price increases, funded through the approved project contingency and bringing the final contract cost to $ 3, 949, 191. 86; and
WHEREAS, following acceptance, staff requests that all remaining unused project funds be transferred back to the Wastewater Connection Fee Fund ( Fund 6030) and General Fund Reserve ( Fund 1010).
NOW THEREFORE, BE IT RESOLVED, that .the City Council of the City of Lathrop does hereby accept the public improvements constructed by Mozingo Construction, Inc. (Mozingo) for McKinley Avenue Force Main Intertie Project, CIP WW 25-3; 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 Mozingo in the amount of $ 197, 459. 5 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 all remaining unused project funds into the Wastewater Connection Fee Fund ( Fund 6030) and General Fund Reserve ( Fund 1010).
The foregoing resolution was passed and adopted this 12th day of October 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
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 12th day of October 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: Mozingo Construction, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Mozingo Construction, Inc. 751 Wakefield Court Oakdale, CA 95361
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:
McKinley Avenue Force Main Intertie, CIP WW 25-3
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 October 12, 2026 by Mozingo Construction, 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 of the City Council adopted on October 12, 2026, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager