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Home My WebLink About1994/07/26 Item 14 COUNCIL AGENDA STATEMENT Iterod Meeting Date 7/26/94 SUBMITTED BY: Resolution J'l>8';J Authorizing the City Engineer to exercise the City's right to take over and utilize a portion of Camino Biscay for Rancho Del Rey Parkway to east of DiS.C~V/ School Director of Public wo~(yrv City Manage~ tJ~ (4/5 Vote: Yes_No X ) ITEM TITLE: REVIEWED BY: McMillin Company, in the process of developing the subdivision around the new Discovery Elementary School, has built roadways near the school that are essential to the arrival and departure of school buses, private cars, deliveries, and emergency vehicles. The vehicles are using streets which have not been accepted into the public system for maintenance and McMillin has a concern over the liability. The "Standard Specifications for Public Works Construction" (Green Book) provides a method for the City to take over the use of these streets before their final acceptance. The City Attorney recommends that the City Council review this procedure and authorize the City Engineer to exercise the City's right to take over early use of new streets. RECOMMENDATION: Approve the resolution authorizing the City Engineer to exercise the City's right to take over and utilize Camino Biscay from Rancho Del Rey Parkway to east of Discovery School. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In the course of developing the "Biscay" Subdivision in Rancho Del Rey, SPA I area, McMillin constructed a portion of the streets necessary to provide service to the construction traffic for the developing subdivision. Because the subdivision has 106 lots and McMillin's guest builder could not build homes on all those lots initially, they constructed only a portion of the streets. Those first streets have been completed, but the remaining streets have not been constructed. Therefore, the City could not accept the streets because the conditions of the Subdivision Agreement have not been met and we can not release the bonds, nor do a partial acceptance without amending the agreement. Attached is a map showing the streets that have been completed (Exhibit A). The City will accept all of the streets and release the bonds after all the streets in the subdivision have been completed. Until that time McMillin, or their guest builder, is responsible for maintenance of the streets and liability for any accidents that may occur on them. Discovery Elementary School is located adjacent to the subdivision on lot 78 as shown on Exhibit A, but takes access off of Camino Biscay, one of the main entrance streets to the subdivision. While McMillin had the legal right to barricade the street and prevent any outside traffic from using the street, they indicate this would create severe conflicts with the School District, since they need access to the school. In addition, McMillin's guest builder opened Via Goya for construction traffic, but the school buses and parents bringing their children to school began using that street to access the 1'1-/ Page 2, Item /4 Meeting Date 7/26/94 school as well. With this considerable amount of public traffic on the streets, McMillin is concerned about the liability should an accident occur and have requested the City to take over part of the streets to allow them to be continued to be used for school traffic. Attached as Exhibits B and C is McMillin's letter requesting the City to take over the streets and a map showing the specific portions of streets requested to be taken over. City staff has reviewed the request and concurs that the portion of Camino Biscay from Rancho Del Rey Parkway to the east end of the school should be taken over by the City as being in the public interest. The remaining streets that McMillan is requesting that we take over, however, has considerable construction traffic on it and the potential conflict with public traffic is a liability that staff does not believe the City should incur. UDC, McMillan's guest builder, is currently building houses on Via Goya and adjacent to Avenida Solaria with all construction traffic moving freely over that area. McMillan currently has fences located on Via Goya at Rancho Del Rey Parkway and on Camino Biscay at the east end of Discovery School. Staff has discussed the situation with McMillan and recommended to them that either one of the fences could remain closed to prevent through traffic. Slides of the area are available for Council's viewing. Section 6-10 of the Standard Specifications for Public Works Construction (Green Book) provides for the use of improvements during construction. This section states that the agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. It further provides that such action by the agency will relieve the contractor of responsibility for injury or damage to the completed portions of the facility resulting from the use by public traffic, but does not relieve the contractor from full responsibility for correcting defective work or materials. When the Green Book is primarily aimed at the right of a City to take over facilities being constructed under direct contract to the City, McMillin's contract work is being done under the Green Book specifications. After consultation between McMillin, the City Engineer and the City Attorney, the City Attorney has concurred that this process could be used to take over the streets to permit continued access to the school. McMillin will also be responsible for maintenance of the streets until the City accepts them after completion of all the work in the subdivision. All bonds will also remain in placed until they are formally accepted. FISCAL IMPACT: There will be no major fiscal impact unless an accident takes place and the City is sued. Such costs are no more than would ordinarily be incurred by the City after the street if formally accepted in the City's system. Since McMillin will continue to maintain the streets and will need to correct any deficiencies before acceptance, therill be no other tiscal impact. Attachments: Exhibit A - Map Showing "Biscay" Sybdivision Exhibit B - Letter from McMillin .; J Exhibit C - Map Showing Streets to be Taken 9>ver Exhibit D ~ Section 6-10 of the Green Book .j Exhibit E - Sample Letter from City of San DiegoNOT SCANNED CLS/EY -338 M:\home\engineer\agenda\streets.cls J '1..,)- RESOLUTION NO. /75'i':1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO EXERCISE THE CITY'S RIGHT TO TAKE OVER AND UTILIZE A PORTION OF CAMINO BISCAY FROM RANCHO DEL REY PARKWAY TO EAST OF DISCOVERY SCHOOL WHEREAS, McMillin Company, in the process of developing the subdivision around the new Discovery Elementary School, has built roadways near the school that are essential to the arrival and departure of school buses, private cars, deliveries, and emergency vehicles; and WHEREAS, the vehicles are using streets which have not been accepted into the public system for maintenance and they have a concern over the liability; and WHEREAS, the "Standard Specifications for Public Works Construction" (Green Book) provides a method for the city to take over the use of these streets before their final acceptance; and WHEREAS, the City Attorney recommends that the city Council review this procedure and authorize the city Engineer to exercise the city's right to take over early use of new streets. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula vista does hereby authorize the City Engineer to exercise the City'S right to take over and utilize a portion of Camino Biscay from Rancho Del Rey Parkway east of Discovery School. Presented by Approved as to form by John P. Lippitt, Director of Public Works Bruce M. Boogaard, City Attorney C:\rs\biscay.cls 11'3 J.~~j i /jff~'J~ .-' ~ r.7" ?9l:::i::f---.-...'IJ--.-{ t;;J'<.f:2-jg'0. /7">:~~qy~. i/) ~fX""'0.~~~3JPi "" '" ~I J,;J;5~,f:,\~C~~~!/JJi 4/42 ::f!I r.r: /~?:?~r;~.%%(S J:1-.-~~r~~R~:8/~?t~~^0>:~g;~f0W~ ijic ~. r;;; .--/.~ o'\<?>/' V:> ,'-:!Z-.,'/ 4'} ~ ~ 70 751; <n'''~h 8 " "<07/ ~~--<..?^ .r 3;''<1~:;..~ -29 fli........~'<1t~ 1/1t...------'?J 0<:,~1'1 " ,~t:::,~-'-V/ _____~"'J 4'.T %7~ 7; 7- ~'- ~\~/7 / ,,~_____ <s ~ 37 ~ ~--y., <<-.:<. ~ J51 -'.c &. ~ ~ L'T" 45 i'.. 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If,r' 't--,~ ~~ p " ) Exhibit B :Jtl '., 1 ~, July 7, 1994 rtl _7 ';;;'ji,. ~"}. 34 A'\.\IcMilhn Mr. Cliff Swanson City Engineer City of Chula Vista 274 Fourth Avenue Chula Vista, CA 91910 RE: PUBLIC USE OF COMPLETED IMPROVEMENTS Dear Mr. Swanson: Attached for your reference are two maps of the subject area, and two sample letters from the City of San Diego which illustrates their use of SectIon 6-10 of the Standard Specification for Public Works Construction to exercise its right to utilize completed improvements prior to full completion of all improvements under a specific agreement. Also included is a copy of SectIon 6-10 and my letter to the City Attorney dated 6/21/94. Please proceed to prepare the necessary agenda item for July 19, 1994 Council meeting to make the following streets available for public use: Camino Biscay - From RDR Parkway to Avenida Solaria Avenida Solaria - From Camino Biscay to Via Goya Via Goya - From Avenida Solaria to RDR Parkway These streets were completed prior to the opening of the elementary school in 1993 to facilitate the public necessity of the school operation. Now, homes are occupied on Lots 46, 47, 48, 50, 51 and 52, on Camino Biscay and the construction activity associated with additional housing is continuing. The school buses, delivery trucks, parents and teachers in private cars, visitors to model homes and the residents all combines to create a level of public necessity beyond the responsibility of the developer. We do not want to close the streets so we are requesting that the designated streets be made available for public use under section 6- 10 of the "Green Book" for public works construction. Your help in expediting this action is appreciated. Yours truly, {cff~:1r Ed Elliott Executive Vice President Development Engineering EE/dm attaclunents (7) cc: Denny Cuccarese 1'/'5 r 17rr.:- I IV V r.lO'<)'<- /\ ",,' \ \ Exhibit C ",," /" ( ~\\..\.. s( ~~,. V\.. $' 6.1 .,7 64 4. ~ ~ 66 46 !:? 6. I 44 ~ I Discovery Schoo' RANCHO Streets requested to be taken over ~~"'''''''~~ Streets staff recommends be taken over ~ LOT NUMBERS /'1-t, l3-I S C/fi.( DR AWN BY L. M. G. TIT L E DATE 6 -/2-9/ RANCHO PHASE 5, DEL REY, SPA I UNIT NO. I, LOT 77 Exhibit D . 6-10 USE OF IMPROVEMENT DURING CONSTRUC- TION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Con- . tractor will be notified in writing in advance of such action. Such action by the' Agency will relieve the Contractor of re- sponsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except in- jury or damage resulting from the Contractor's operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency shall assume the responsibility and liability for injury to persons or property arising out of or resulting from the utilization of the facility or appurte- nance so placed into service, except for any such injury to perslns or property caused by any willful or negligent act or 0:>)/ ssion by the Contractor, Subcontractor, their officers, em- ployees or agents. IL/- ? F i ( e.:it I z... c... Exhibit E THE CITY OF SAN DIEGO FEB I 8 9485 AERO DRIVE, SAN DIEGO, CAliFORNIA 92123 Telephone: (619) 627-3200 Fax No.: (619) 627-3297 ENGINEERING AND DEVELOPMENT DEPARTMENT February 8, 1994 Mr. David Lother McMillin Development, Inc. 2727 Hoover Avenue National City, CA 91950 Dear Mr. Lather, The northbound and southbound traffic lanes for Spring Canyon Road, from its intersection with Scripps-Poway Parkway to approximately 800 ft. north of the pomerado Road intersection, (Sta. 5+81 to 103+00) will be opened to traffic on February 9, 1994. Pursuant to Section 6-10 of the Standard Specifications for Public Works Construction, 1991 Edition, the City of San Diego hereby exercises its right to utilize the above-mentioned road. A copy of section 6-10 is attached for your information. 8y this action, the City of San Diego will relieve, indemnify, defend and hold harmless Miramar Ranch North, it constituent partners, McMillin Scripps, Inc. and Brookfield Scripps Inc., and their respective affiliates, shareholders, directors, officers, agents and employees, from any cost, expense, claim or liability related to any injury or damage to any persons or property arising out of or resulting from the use of the Improvement from and after the date it is placed into service, except to the extent arising from the operations or negligence of Miramar Ranch North. Miramar Ranch North will not be relieved of its responsibility for correcting defective work or materials, if any, related to the Improvement, nor for completing any remaining punchlist items on the attached sheet, dated 1-20-94. The exercise of these rights of the City of San Diego under Section 6-10 constitutes a determination that the Improvement has been substantially completed and accepted and approved by the City of San Diego. Any repair work or use of the Improvement by Miramar "Ranch North's operations that will disrupt the traffic flow will require a traffic control plan. This plan must be submitted to and approved by the city's Development Services Division. If you have any questions, you can call me at 627-3201. Sincerely, , 1"i1~f2 ~~ G. Daniel Ojeda Deputy Director Field Engineering Division Attachments: Section 6-10, Punch list of January 20, 1994 /'-1- ~ wp'{ 10 '. ~d2 ~l\{.rt../ K...... SCM..L-t~ V 'i~ r~>.:".."X . '~. ,IC . ' lfj - DIVERSITY xc: Hossein Ruhi, Dev. Ralph Armstrong WO# 910069 Serv., M.S. 502 BRINGS US AL~ ~(::"~;,::~ ."I'..".,.,or,