the City Manager under his authority, with the recognition that additional CDBG funds were available to cover this cost.
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1 I ITEM CITY MANAGER' S REPORT 7UNE 19, 2017 CITY COUNCIL REGULAR MEETING ITEM: ACCEPT IMPROVEMENTS FOR THE GENERATIONS CENTER SHADE SAILS CIP PK AND AUTHORIZE A RELATED BUDGET AMENDMENT RECOMMENDATION: Adopt a Resolution to Accept Improvements Completed by USA Shade & Fabric Structures and Authorize a Related Budget Amendment and Authorize. Filing of a Notice of Completion and Release of Contract Retention SUMMARY: Staff requests City Council adopt a resolution accepting the Generations Center Shade Sails CIP PK and approve a related budget amendment i n the amount of $17, 130. Staff also requests that City Council authorize a Notice of Completion to be filed with the San Joaquin County Clerk and release of contract retention to USA Shade & Fabric Structures in the amount of $ 3, 402 within 45 days after recording the Notice of Completion. BACKGROUND: On May 2, 2016, City for $ 50, 914 using Community Council approved a contract with USA Shade & Fabric Structures Development Block Grant ( CDBG) funds to provide shade sails at the Generations Center. The scope of work included a standard footing to anchor the shade structure poles. During the construction process and due to the abnormally wet season the standard footing would not be viable. At staff's request USA Shade & Fabric Structures submitted a change order to include additional time, concrete removal and spread footings to anchor the poles for the shade sail structure for an amount not to exceed $ 17, 130. This urgent change order was approved by the City Manager under his authority, with the recognition that additional CDBG funds were available to cover this cost. The improvements have been inspected by City Staff and meets the satisfaction of the Director of Public Works. USA Shade & Fabric Structures furnished the City with a one ( 1) year guarantee against defective workmanship and materials. Staff is requesting that City Council adopt a resolution accepting the improvements by USA Shade & Fabric Structures and a related budget amendment in the amount of $17, 130 to formalize the use of CDBG funds. StafF is also requesting authorization to file a Joaquin County Notice of Completion with the San Recorder and release the contract retention to USA Shade & Fabric Structures for $ 3, 402 within 45 days after filing the Notice of Completion.
2 CI'i"Y I AfVAGER' S REPORT PArGE 2 UIVE 19, 2017 CITY COUIVC%L REGULAR MEETIMG d\ CCEPT GENEI2ATIONS CENTER SH, DE SAILS FROf USA SIiADE & FABRIC STItIJCTIJ RE San Joaquin County has identified additional funds available for the CDBG fund. The proposed budget amendment for $ 17, 130 will be fully funded using the additional funds available from the CDBG fund. F EASON FOOt RECONIM NDATI0101: USA Shade & Fabric Structures has completed installation of the Shade Sails at the Generations Center. City Council' s acceptance of these improvements and authorization to file a Notice of Completion will allow release of retention to USA Shade & Fabric Structures as required by the City Municipal Code. COUNCIL GOALS ADVANCED BY THIS AGENDi4 ITEM: This item furthers Council' s Goals of: Public Safetv by maintaining a safe operating Skate Park within City for the public. o Promoting Community Values by maintaining a community resource. FISCAL IMPACT: The final cost of the USA Shade & Fabric Structures contract is $ 68, 043, with one contract change order for $ 17, 130. The Generations Center Shade Sails are funded by the CDBG fund and additional funds are available to fund the contract change order. Staff is requesting Council to approve a funding amendment from the following accounts: CIP PK Increase Revenue , 130 Increase Transfer out , 130 Increase Transfer In, PK , 130 Increase Appropriation, PK , 130
3 CITY MANAGER' S REPORT PAGE 3 JUNE 19, 2017 CITY COUNCIL REGULAR MEETING ACCEPT GENERATIONS CENTER SHADE SAILS FROM USA SHADE & FABRIC STRUCTURES ATTACH M ENTS: A. Resolution Accepting Improvements Completed by USA Shade & Fabric Structure and Authorizing the Filing of a Notice of Completion and Release of Contract Retention B. Notice of Completion
4 CIl'1( N7AN lge1z' S REPORT P/ GE 4 7UNE 19, 2017 CITY COl11VCIL REGULAR N9EETING ACCEPT GEfdERATIOB0IS CEIeITER SHi4DE SAILS FROM US 4 SHADE & FABltIC TRUCTULtES APPROV,A L: Ken Reed Date t - w Projects Manager Tim McC Director Public Wor Date o.//: 2/ Cari Ja mes Date Directo ina ce y- Salvador Navarrete City Attorney Date i 7 Stephen J. Salvatore City Manager Date
5 RESOLUTION IVO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT IMPROVEMENTS COMPLETED BY USA SHADE & FABRIC STRUCTURES AND AUTHORIZE A RELATED BUDGET AMENDMENT AND AUTHORIZE FILING OF A NOTICE OF COMPLETION AND RELEASE OF CONTRACT RETENTION WHEREAS, on May 2, 2017 City Council awarded the contract for the Generations Center Shade Sails to USA Shade & Fabric Structures, in the amount of $50, 914 using Community Development Block Grant ( CDBG) funds; and WHEREAS, during the construction process and due to the abnormally wet season the standard footing would not be viable; and WHEREAS, at staff's request USA Shade & Fabric Structures submitted a change order to include additional time, concrete removal and spread footings to anchor the poles for the shade sail structure for an amount not to exceed $ 17, 130; and WHEREAS, the improvements have been inspected by City Staff and meets the satisfaction of the Director of Public Works and USA Shade & Fabric Structures furnished the with a one ( 1) year guarantee; and WHEREAS, staff is requesting a budget amendment for $ 17, 130 that will be paid from CDBG funds and has provided the City with a one ( 1) year warranty on labor and materials; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby accepts the work performed by USA Shade & Fabric Structures for the Generations Center Shade Sails as complete, Council authorizes the following budget amendment for $ 17, 130 to be paid from CDBG funds and authorizes the City Manager or his designee to file a Notice of Completion with the San Joaquin County Recorder for the work being accepted: CIP PK Increase Revenue , 130 Increase Transfer out , 130 Increase Transfer In, PK , 130 Increase Appropriation, PK , 130
6 BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby authorizes staff to release the retention for $ 3, within 45 days after recording of the Notice of Completion.
7 The foregoing resolution was passed and adopted this 19th day of June 2017, by the following vote of the City Council, to wit: AYES: NOES: ABSTAIN: ABSENT: Sonny Dhaliwal, Mayor ATTEST: APPROVED AS TO FORM: Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
8 A c RECORDING REQUESTED BY CITY OF LATHROP AND WHEN RECORDED MAIL TO NAME City of Lathrop City Clerk STREET 390 Towne Centre Drive ADDRESS Lathrop, CA CITY& STATE ZIP 1 TOTICE O' COMPLETI01 1 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 Califarnia 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 title or the stated owner, or if more than one owner, then of the stated owner and co- owners is: Generations Center Shade Sails 4. That on the 20th day of June, 2017 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: USA Shade& Fabric Structures 6. That the name and address of the transferor is: NAME STREET AND NO. CITY STATE USA Shade& Fabric Structures 1085 N. Main Street Suite C Orange CA That the real property herein referred to is situated in the Citv of Lathrop County of San Joaquin, State of California, and is described as follows: Generations Center Shade Sails B y: City Manager That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct. B y: City Clerk
9 CERTIFICATE OF ACCEPTANCE This is to certify that the work described in the NOTICE OF COMPLETION dated June 20, 2017 from USA Shade & Fabric Structures 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 June 20, 2017, and the grantee consents to recordation thereof by its duly authorized officer. Dated By City Manager
10
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