HomeMy WebLinkAboutAGENDA REPORT 2018 0620 CCSA REG ITEM 10L CITY OF MOORPARK,
CALIFORNIA Item: 10.L.
City Council Meeting
of June 20, 2018
ACTION Approved staff
recommendation. Adopted
Reso No. 2018-3726 _
BY M. Benson
L. Consider Acceptance of Public Street and Drainage Improvements and
Surety Bond Exoneration (Bond Nos. 104324725, K0885094A, and
SU1100421) for Shea Homes LP, Tract 5133 and Tract 5425. Staff
Recommendation: 1) Approve Resolution No. 2018-3726 accepting
completion of public street and drainage improvement work for Tract 5133
and Tract 5425; 2) Authorize the City Clerk to exonerate or reduce the
performance and payment surety bonds as shown in the agenda report; 3)
Require the City Engineer to file a copy of the City Engineer written
acceptance of the private street improvements for Tracts 5133 and 5425
with the City Clerk for the applicable Subdivision Improvement Agreement
files; and 4) Authorize the City Clerk to fully exonerate the referenced
surety bonds for Tract 5425 one year after City Council approval of the
resolution accepting completion of the public improvements, upon written
confirmation from the City Engineer that no warranty work is required.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Sean Corrigan, City Engineer/Public Works Director
DATE: 6/20/18 Regular Meeting
SUBJECT: Consider Acceptance of Public Street and Drainage Improvements and
Surety Bond Exoneration (Bond Nos. 104324725, K0885094A, and
SU1100421) for Shea Homes LP, Tract 5133 and Tract 5425
BACKGROUND
Storm street and drainage improvements related to Tracts 5133 and 5425, south of Los Angeles
Avenue, have been completed by Shea Homes LP.
DISCUSSION
Shea Homes LP has requested the exoneration of certain surety bonds for Tracts 5133 and 5425.
The surety bonds were required by the City’s Municipal Code and the subdivision improvement
agreements to guarantee the construction of the required improvements. All public and private
improvements that were guaranteed by the surety bonds listed below are now complete. Tract
5133 improvements were completed in 2013, Tract 5425 in November 2017, and Haul Route
resurfacing for both tracts in February 2018. There are no open Mechanic Lien Claims against
Shea Homes LP for the completed improvements. City Council reduced the Tract 5133 bond
amount to 25% on April 21, 2010 because the improvements were largely complete at that time
but for final cap paving. Staff recommends that these surety bonds be exonerated or reduced to
10% as noted below for the one-year warranty period. Full exoneration will occur one year after
City Council approval of the reduction upon written confirmation from the City Engineer that no
warranty work is required, per Section 16.36.010.C of the Moorpark Municipal Code.
SURETY
TYPE
BOND
NUMBER
ORIGINAL
BOND AMT.
PRIOR
AUTHORIZED
REDUCTION
AUTHORIZED
ACTION OF
6/20/2018
Tract 5133 Performance &
Payment (Labor & Materials)
Grading, Storm Drain & Streets
104324725 $2,508,630.12 Reduce to 25% Exonerate
Tract 5425 Performance &
Payment (Labor & Materials)
Grading, Storm Drain & Streets
K0885094A $1,734,948.93 None Reduce to 10%
Tract 5425 Performance &
Payment (Labor & Materials)
Haul Route Asphalt Overlay
SU1100421 $100,249.19 None Reduce to 10%
Item: 10.L.
915
Honorable City Council
6/20/2018 Regular Meeting
Page 2
Consistent with the Subdivision Improvement Agreements for the two tracts, the City Engineer
was authorized to accept as complete the private improvements that are to be owned by
individual property owners or a private community association and not dedicated or owned by the
City or other public entity. Consistent with the Subdivision Improvement Agreement for Tract
5425 and Section 16.36.010.C of the Moorpark Municipal Code, the 10% remaining surety
amount for the performance and payment sureties will be retained for the warranty period and will
not be fully exonerated until one year after City Council approval of completion of public
improvements. Additionally, as a requirement of the Subdivision Improvement Agreement for
Tract 5425, the subdivider is required to maintain the construction insurance policies during the
warranty period, and the Subdivision Improvement Agreements for both Tracts include
indemnification language.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Approve resolution accepting completion of public street and drainage improvement work
for Tract 5133 and Tract 5425.
2. Authorize the City Clerk to exonerate or reduce the performance and payment surety
bonds as shown in the agenda report;
3. Require the City Engineer to file a copy of the City Engineer written acceptance of the
private street improvements for Tracts 5133 and 5425 with the City Clerk for the applicable
Subdivision Improvement Agreement files; and
4. Authorize the City Clerk to fully exonerate the referenced surety bonds for Tract 5425 one
year after City Council approval of the resolution accepting completion of the public
improvements, upon written confirmation from the City Engineer that no warranty work is
required.
Attachment: Resolution 2018-____
916
Attachment 1
RESOLUTION NO. 2018- ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ACCEPTING PUBLIC STREET
AND DRAINAGE IMPROVEMENTS MADE BY SHEA
HOMES LIMITED PARTNERSHIP (LP) FOR TRACTS 5133
AND 5425 AS COMPLETE
WHEREAS, the City Council approved Tract 5133 and Tract 5425, which allowed
Shea Homes LP to construct housing and related improvements within the City of
Moorpark; and
WHEREAS, the Tract 5133 and Tract 5425 approved entitlements, including but
not limited to conditions of approval for the tentative tract maps and the subdivision
improvement agreements, required construction of certain private and public street and
drainage improvements within the tracts; and
WHEREAS, Section 16.36.010 of the Municipal Code provides that when the City
Engineer determines that the required improvements have been fully completed, the
City Engineer will recommend to City Council that the public improvements be accepted
by the City and that the surety be reduced to ten percent for a one-year warranty period;
and
WHEREAS, the City Engineer/Public Works Director has determined that Shea
Homes LP has completed the required private and public street and drainage
improvements and has recommended that the City Council accept the public
improvements, fully exonerate the performance and payment surety for Tract 5133 and
reduce the performance and payment sureties for Tract 5425 to ten percent for the
warranty period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark hereby accepts the public
improvements, including street and drainage improvements required for Tracts 5133
and 5425 as complete.
SECTION 2. The City’s acceptance of the public improvements as complete
does not limit the City’s remedies under general construction defect law, and the
subdivider shall be responsible for the care, repair, and maintenance of the subdivision
improvements until the expiration of the required one-year guarantee and warranty
period for both Tracts 5133 and 5425.
917
Resolution No. 2018-___
Page 2
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 20th day of June, 2018.
__________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Maureen Benson, City Clerk
918