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HomeMy WebLinkAboutAGENDA REPORT 2023 1115 CCSA REG ITEM 10JCITY OF MOORPARK, CALIFORNIA City Council Meeting of November 15, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. J. Consider Authorizing Recordation of the Notice of Completion for Trail Repair Project in Landscape Maintenance Zone 22 and Release of Bonds in Accordance with the Contract. Staff Recommendation: 1) Authorize the City Clerk to file the Notice of Completion; and 2) Authorize release of the Performance Bond and Payment Bond (Number 4054976) as outlined in the agenda report. (Staff: Jeremy Laurentowski, Parks and Recreation Director) Item: 10.J. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Kim Sexton, Administrative Specialist DATE: 11/15/2023 Regular Meeting SUBJECT: Consider Authorizing Recordation of the Notice of Completion for Trail Repair Project in Landscape Maintenance Zone 22 and Release of Bonds in Accordance with the Contract BACKGROUND & DISCUSSION The multi-use trails in Landscape Maintenance District Zone 22 (LMD 22), Moorpark Highlands, require annual maintenance. The maintenance activities generally include re - grading and compacting the decomposed granite trail surfaces and the application of a liquid stabilizer at key areas. Decomposed granite stabilizers are applied to the trail surface and are designed to harden the trail at locations subject to overuse and erosion, such as swales and transition areas where the trail meets sidewalks and other hardscape surfaces. On May 3, 2022, staff advertised for informal bid proposals and on June 22, 2022, an agreement was executed with the lowest bidder, J & H Engineering General Contractors, Inc. (J&H) for Trail Repair and Preventative Maintenance in Landscape Maintenance District Zone 22. The total contract value was $49,500 including a contingency in the amount of $4,500. There were no change orders issued for the LMD 22 trail work and the majority of the work was completed August 30 , 2022. Additionally, the Fiscal Year 2022/23 Operating Budget included a line item for trail grading at Monte Vista Park in the amount of $7,500. J & H performed satisfactorily in LMD 22, so staff requested a proposal to re-grade the trails at Monte Vista Park. J & H provided a proposal for the work in the amount of $3,995. Since the proposal came in lower than the budgeted amount and no change orders were issued for the work completed in LMD 22, an amendment to the agreement was executed on August 31, 2022, adding the trail work at Monte Vista Park to the work scope using the remaining contract balance. There were no change orders issued for the Monte Vista trail work and the majority of the work was completed by September 20, 2022. Item: 10.J. 98 Honorable City Council 11/15/2023 Regular Meeting Page 2 Staff is recommending that the City Council authorize the recordation of the Notice of Completion. With the City Council’s authorization to record the Notice of Completion, the project bonds will be released as follows: •Performance Bond No. 4054976 shall be null and void one (1) year after the recordation of the Notice of Completion; and •Payment Bond No. 4054976 shall be null and void upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT There is no fiscal impact with the release of performance and payment bonds. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION 1.Authorize the City Clerk to file the Notice of Completion; and 2.Authorize release of the Performance Bond and Payment Bond (Number 4054976) as outlined in the agenda report. Attachment: Notice of Completion 99 ATTACHMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk NO FEE REQUIRED PURSUANT TO: Government Code Sections 6103 and 27383 Space above this line for Recorder's use NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204 must be filed on or within 15 days after the date of completion of a work of improvement. Civil Code Section 9200 provides that completion of a work of improvement occurs at the earliest of (a)acceptance of the work of improvement by the public entity or (b) cessation of labor on the work of improvement for a continuous period of 60 days. Notice is hereby given that: The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: The full name of the owner is: City of Moorpark The full address of the owner is: 799 Moorpark Avenue, Moorpark, California 93021 The nature of the interest or estate of the owner is: Owner in fee. The owner retained a contractor to perform a work of improvement as follows: Trail Maintenance and Repair Services The name and address of the contractor, if any, for such work of improvement was: J&H Engineering General Contractors, Inc. Attn.: Amy McMullen, President, 4065 Mission Oaks Blvd, Suite B., Camarillo, CA 93012 The date of the contract was: June 22,2022 The name and address of the surety, if any, was: Great American Insurance, Company, Attn.: Keving Vega 750 The City Drive South #470, Orange, CA 92868. The name and address of the construction lender, if any, for such work of improvement was: None The property on which the work of improvement was constructed is in the City of Moorpark, County of Ventura, State of California, and is described as follows: Moorpark Highland Trails Landscape Maintenance District Zone 22 and Monte Vista Park The street address of said property is: Various, Moorpark, CA 93021 Date labor ceased on the work of improvement September 20, 2022 The work of improvement was completed on: November 15, 2023 Dated: Signed: Troy Brown, City Manager, City of Moorpark, 799 Moorpark Ave., Moorpark, California VERIFICATION I, the undersigned, say: I am the City Manager of the City of Moorpark. I am authorized to make this verification for and on behalf of the City of Moorpark and I make this verification for that reason. I have read this Notice of Completion and the matters stated in this Notice of Completion are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , 2023, at Moorpark, California. Signed:__________________________________________________________________________________ Troy Brown, City Manager, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021 100