HomeMy WebLinkAbout1994/08/23 Item 11
COUNCIL AGENDA STATEMENT
Item / I
Meeting Date 8/23/94
ITEM TITLE: Resolution 17~,). t, Authorizing the City Engineer to exercise the
City's right to take over and utilize a portion of Rancho Del Rey Parkway
and Del Rey Boulevard .
SUBMITTED BY: Director of Public wor~ ('
REVIEWED BY: City Manager~ ~ ~ (4/5 Vote: Yes_No X )
McMillin Company, in the process of developing the Rancho Del Rey subdivision has built portions
of Rancho Del Rey Parkway and Del Rey Boulevard that serve individual subdivision units within
the overall development that are "backbone" streets and essential to serve those individual tracts.
Because the subject streets were constructed and bonded as part of the individual tracts they
ordinarily will not be accepted by the City until the work on the entire subdivision is complete. The
future residents of these subdivisions will be using these 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. Staff recommends that the City Council
authorize the City Engineer to exercise the City's right to take over early use of these two backbone
streets.
RECOMMENDATION: Approve the resolution authorizing the City Engineer to exercise the
City's right to take over and utilize portions of Rancho Del Rey Parkway and Del Rey Boulevard.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In the course of developing Rancho Del Rey (RDR) SPAs I and II, McMillin constructed portions
of Rancho Del Rey Parkway and Del Rey Boulevard which serve as backbone streets necessary to
provide service to the individual tracts. Construction of portions of those streets were included as
part of the requirements for RDR phase 5, units 1 and 2 and phase 6, units 1 and 2, were included
in the subdivison agreements and bonded as part of those subdivisons. Rancho Del Rey Parkway
and Del Rey Boulevard have been completed and the use of these streets is necessary for the publics
access to the indicated subdivisons which are either being built and sold or occupied. The City has
not accepted the streets because all of the conditions of the Subdivision Agreements 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 proposed to be taken over by the City (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 if the City does not take them over.
Attached is McMillin's letter requesting the City to take over the streets.
City staff has reviewed the request and concurs that the subject streets should be taken over by the
/)" )
Page 2, IremJL
Meeting Date 7/26/94
City as being in the public interest. If the streets are not taken over by the City, McMillin has
indicated that they will open only Rancho Del Rey Parkway, not Del Rey Boulevard, and only at the
east end immediately west of Pas eo Ranchero. Since these streets serve several internal subdivisions,
and Rancho Del Rey Parkway is also necessary to serve Discovery School, the streets are necessary
for the future residents to access their individual subdivisions. In addition, the opening of Del Rey
Parkway will cut the travel time down by the residents and may also help reduce a temporary
increase in traffic at the intersections serving the new developments in the business center.
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. All bonds
will remain in place until these streets are formally accepted along with the appropriate subdivisions.
Section 6-10 also provides that McMillin is not relieved from responsibility and liability caused by
their operations or negligence, or any omission by them, their contractors, subcontractors, officers,
employees or agents. Attached for information is a copy of Section 6-10.
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 is
formally accepted in the City's system. Since McMillin will need to correct any deficiencies before
acceptance, there will be no fiscal impact other than routine street sweeping.
Attachments:
Letter from McMillin
Map Showing Streets to be Taken Over
CLS/EY -338
M:\home\engineer\agenda\strects2.l;ls
/1'" ..2
RESOLUTION NO.
I'll, .2.1,
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 RANCHO DEL REY PARKWAY
AND DEL REY BOULEVARD
WHEREAS, McMillin Company, in the process of developing
the Rancho Del Rey subdivision has built portions of Rancho Del Rey
Parkway and Del Rey Boulevard that serve individual subdivision
units within the overall development that are "backbone" streets
and essential to serve those individual tracts; and
WHEREAS, because the subj ect streets were constructed and
bonded as part of the individual tracts they ordinarily will not be
accepted by the city until the work on the entire subdivision is
complete; and
WHEREAS, the future residents of these subdivisions will
be using these streets which have not been accepted into the public
system for maintenance and McMillin has a concern over the
liabi li ty; 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, staff recommends that the city Council authorize
the city Engineer to exercise the city's right to take over early
use of these two backbone streets.
NOW, THEREFORE, BE IT RESOLVED the city council of the
city of Chula vista does hereby accept McMillin's offer to take
over early the designated portion of Rancho Del Rey Parkway and Del
Rey Boulevard on the condition they will agree in writing to
continue to correct defective work and maintain the street sections
for the warranty period running from the date of the final
acceptance of improvements. (
Presented by
orm by
J)
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
City
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August 2, 1994
Mr. Cliff Swanson
Deputy Public Works Director/City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Request for Acceptance of Streets for Public Use Rancho Del Rey
Phase 5, Unit 1 (12501), Phase 5, Unit 2 (12502),
Phase 6, Unit 1 (12503), Phase 6, Unit 2 (12504)
Dear Mr. Swanson:
Much to my surprise, Phase 5, Units 1 and 2 have not cleared the inspection
department for Council acceptance into the public maintenance status. This is a
little embarrassing in lite of the recent acceptance of Cllmino Biscay by Discovery
School which I now realize does not have a publicly maintained connection. So,
we need to act quickly to put everything in order for the ultimate acceptance of
all four subdivisions.
Under the 6-10 provision of the Green Book, please accept the following
completed and inspected streets for public use:
Phase 5 Unit 1:
Rancho Del Rey Parkway - Unit Boundary to Boundary
Phase 5 Unit 2:
Rancho Del Rey Parkway - Unit Boundary to Boundary
Phase 6 Unit 1:
Rancho Del Rey Parkway - Unit Boundary to Boundary
1/-5
ClifT Swanson
City of Chula Vista
August 2, 1994
Page two of two
Phase 6 Unit 2:
Rancho Del Rey Parkway - Unit Boundary to Boundary
Del Rey Boulevard - Rancho Del Rey Parkway to East "R" Street
Signalization - Signal at Del Rey Blvd. and East "R" Street.
Please note that all of the above work is completed. Punch list items on Phase
6, Unit 1 and 2 are being corrected now. The guest builder in Phase 6, Unit 1 is
expecting occupancy by August 13, 1994. If at all possible, this should be
implemented prior to that date.
Your immediate attention to this matter will be deeply appreciated.
Yours truly,
ifl f//~
Ed Elliott
Executive Vice President
Engineering Development
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DJUSTMENT TO ':-'''
GRANT /JEEO Ap NO. 91-00~b5t'l..'''.
LOT 1/ .ffivA' 2-28-91 (AOJUSTMENl'il""
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Exhibit D
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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
pers'ms or property caused by any willful or negligent act or
omission by the Contractor, Subcontractor, their officers, em-
ployees or agents.
//"'1