HomeMy WebLinkAboutAGENDA REPORT 2012 0201 CC REG ITEM 10CITEM 10.C.
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MOORPARK CITY COUNCIL
AGENDA REPORT -- - -- --- - --
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TO: Honorable City Council
FROM: Dave Klotzle, City Engineer /Public Works Directo4l
Prepared by: Teri Davis, Senior Management Analyst—
DATE: January 17, 2012 (CC Meeting of 02/01/12)
SUBJECT: Consider Bond Exoneration (Bond No. 4371655) for Defective Materials
and Workmanship in Relation to the Reconstruction Work of the Victory
Column at the Veterans Memorial
BACKGROUND AND DISCUSSION
The Veterans Memorial (Memorial) is located at 608 Spring Road. In May 2009, City
Council authorized the City Clerk to file the Notice of Completion for the Memorial project.
At the same time City Council authorized the City Clerk to release the performance bond
one (1) year after the Recordation of the Notice of Completion in accordance with the
contract, and completion of contractual obligations on the part of the Contractor. The
Notice of Completion was recorded on June 3, 2009. The City Clerk was notified, prior to
releasing the bond, that Malibu Pacific Tennis Courts, Inc. (Malibu) had ongoing
contractual obligations; therefore, the bond was not released.
The surety bond was used as a mechanism to guarantee for one year after the
Recordation of the Notice of Completion the construction of the Memorial project. The
project was completed and was found to be acceptable to the City however, the granite
sidings of the Victory Column at the Memorial failed and collapsed in April 2010 which was
within the project warranty period. The collapse was attributed to faulty workmanship and
Malibu, the project contractor, accepted responsibility and remedied the collapse.
Reconstruction of the Victory Column was estimated to cost less than $10,000.
At the October 20, 2010 City Council meeting, the City Clerk was authorized to fully release
the original $398,424 bond for the entire Memorial project upon receipt of a replacement
bond for $10,000 for defective materials and workmanship. The City received the $10,000
replacement bond, with a one year term, on November 2, 2010. The reconstruction work
was not completed until November 20, 2010 and some of the work was found to be
unacceptable by staff. Repair of the reconstruction work was performed on December 24,
2010 and the reconstruction work was accepted by the City on January 31, 2011. The
Letter of Acceptance for the reconstruction work notified Malibu that the bond would be
held until January 31, 2012.
S \Public Works \Everyone \Reports \Staff Reports \2012 \February\02 -01 -2012 (Veterans Bond Exoneration 201 ?) doc 70
Honorable City Council
February 1, 2012 Regular Meeting
Page 2
Staff visited the Victory Column in January 2012 and the work appears satisfactory and
intact, therefore, it is considered acceptable.
The applicable bond is:
SURETY
BOND
ORIGINAL
BOND
TYPE
NUMBER
AMOUNT
_
Defective
Materials and
4371655
$10,000
Workmanship
FISCAL IMPACT
None.
STAFF RECOMMENDATION
PRIOR AUTHORIZED
ACTION
None
AUTHORIZED
ACTION OF
2j 112
Exoneration
Authorize the City Clerk to fully exonerate the Defective Materials and Workmanship Bond
No. 4371655 for $10,000.
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