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Home My WebLink AboutMINUTES - 07222008 - C.22 (2) TO: BOARD OF SUPERVISORS ` = � Contra FROM:O JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: July 22, 2008 County SUBJECT: Accept completion of improvements, for Road Acceptance 04-01169, Disco ry e (District III) 02 SPECIFIC REQUES"1'(S)OR RECOMMENDATION(S)&BACKGROUND AND.,IUS"rIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ accepting Completion of Improvements for Road Acceptance 04-01169 (cross-reference Subdivision.03-08710),as recommended by the Public Works Director,for project being developed by Western Pacific Housing, Discovery Bay area. (District III) FISCAL IMPACT: , None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have been installed in a good workmanlike manner as required by the improvement plans and in conformance with the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The six month lien period and the guarantee performance warranty period will not begin. Continued on Attachment. SIGNATURE. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED ASR OMMENDED OTHER I hereby certify that this is a true and correct V;,E OF SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: DSJp Orn \07- 04-01169 BO-42 FORM.doc iginator:Public Works(ES) ATTESTED. Z.f .0'.0-V contact: J.La Rocque(313-2315) JOHN CUL&&,46erk of the Board of Recording to be completed by Clerk of the Boadrd cc: Public s't'orks Finance Supervisors and County Administrator Construction Maintenance(w/Plat) -T—May 22,2009 CHP,c/o Al Sheriff-Patrol Div.Commander By , Deputy Western Pacific Housing,Inc. 2300 Clayton Road,Suite 800 Concord,CA 94520 Attn:Allison Dobbins Fidelity and Deposit Co.of Maryland 4010 Bovscout Blvd.,#600 Tampa,FL 33607 IIIIIIIIIIIIIIIIIIIIIII CONTRA CO IIIIIIIIIIIIIIIIIIIIIIIIII STA Co Retarder Office Recorded at the request or: STEPHEN L, WEIR Clerk Recorder Contra Costa County D C— 2�IR - Public Works Department S Engineering Services Division ; Wednesday, JUL 23� �� `�� Return to: FRE $0.00; ; , 2008 13:55:27 Public Works Department fA� Engineering Services Division %1 Pd Nbr-0004154448 Irc/R9/1_g THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008 by the following vote: AYES: GIOIA, UILK EMA, AND GLOVER NOES: NONE : ABSENT: SUPERVISORS PIEPHO, AND BONILLA ABSTAIN-.- NONE RESOLUTION NO. 2008/ SUBJECT: Accepting Completion of Improvements for Road Acceptance 04-01169 (cross- reference Subdivision 03-08710), project developed by Western Pacific Housing, Inc., as recommended by the Public Works Director, Discovery Bay area. (District III) These improvements consist of Point of Timber Road widening at Byron Highway. The Public Works Director having notified this Board that the improvements for Road Acceptance 04-01169(cross-reference Subdivision 03-08710)have been completed as provided in the Road Improvement Agreement with Western Pacific Housing,Inc. heretofore approved by this Board; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 22, 2008 thereby establishing the six-month tenninal period for the .filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY May 19, 2006 Fidelity and Deposit Company of Maryland DSJc I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2008\07.22\RA 04-01169 BO-42 FORM.duc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact. J.La Rocque(313-2315) Recording to be completed by Clerk of the Board .Supervisors on the date shown. cc: Public Works -Finance -Construction -Maintenance(w'Plat) -T—May 22,2009 ATTESTED: It XJ -Z"r CHP,c/o Al Sheriff-Patrol Div.Commander JOHN CULLE , Cl - of the Board of Supervisors and Western Pacific Housing,Inc. 2300 Clayton Road.Suite 800 County Administrator Concord,CA 94520 Atm Allison Dobbins Fidelity and Deposit Co.of Maryland 4010 Boyscout Blvd.,#600 By ,Deputy Tampa,FL 33607 RESOLUTION NO.2008/ 1�• SUBJECT: Accepting Completion of Improvements for Road Acceptance 04-01169 (cross- reference Subdivision 03-08710), project developed by Western Pacific Housing, Inc., as recommended by the Public Works Director, Discovery Bay area. (.District III) DATE: July 22, 2008 PAGE: 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for $45,050.00, Bond No.08837891 issued by Fidelity and Deposit company of Maryland be RETAINED for the six month- lien guarantee period until January 22, 2009, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening ofPoint of Timber Road is ACCEPTED. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$1,000.00 cash deposit(Auditor's Deposit Permit No.460684,dated March 17, 2006) made by Western Pacific Housing, Inc. and the performance/maintenance surety rider for $13,365.00, Bond No. 08837891 issued by Fidelity and Deposit Company of Maryland be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOL UTION NO. 2008/ 3 Decrease PENALTY RIDER BOND AMOUNT$89,100.00 BOND NO. 08837891 PREMIUM$416.00 To be attached and form a part of Bond No. 08837891 dated the 17th clay of March,2006,executed by Fidelity and Deposit Company of Maryland as surety,on behalf of Western Pacific Housing, Inc., a Delaware Corporation as current principal of record,and in favor of County of Contra Costa, California,as obligee,and in the amount of Eighty Nine Thousand, One Hundred Dollars and 00/100 ($89,100.00). In consideration of the agreed premium charged for this bond,it is understood and agreed that Fidelitv and Deposit Companv of Maryland hereby consents that effective from the 91h day of June, 2008,said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: Eighty Nine Thousand,One Hundred Dollars and 00/100($89,100.00) TO: Thirteen Thousand,Three Hundred Sixtv Five Dollars and 00/100 ($13,365.00) The Decrease of said bond penalty shall be effective as of the 9`h day of June,2008, and does hereby agree that the continuity of protection under said bond subject to' changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed,sealed and dated this 10`h day of June,2008. Western Pacific Housing,Inc.,a Delaware Corporation- PRINCIPAL BY�• � ��,AAti, . Fidelitv and Deposit Companv of Maryland SURETY BY: Mar . ret A. Ginem,ATTORNEY-IN-FACT C/O WILLIS OF FLORIDA 3000 BAYPORT DRIVE,#300 TAMPA,FL 33607 ENQUIRIES:(813)281-2095 THE ABOVE BOND IS HEREBY AGREED TO AND ACCEPTED BY: Countv of Contra Costa . OBLIGEE BY: TITLE Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE.PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by FRANK E.MARTIN JR.,Vice President,and ERIC D.BARNES,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said ils ny,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the da 1Q ereby nominate, constitute and appoint James W.DUNN,David H.CARR,Carol H.H E,Margaret A. GINEM,Linda HORN and Denise TAYLOR,all of Tam , its nt and Attorney-in- Fact,to make,execute, seal and deliver,for,and on - ,a any and all bonds and undertakings,and the execution of such in s ' }vtfr r se presents,shall be as binding upon said Company,as fully and ampI�0', �Vhi u t een duly executed and acknowledged by the regularly elected of iI ore,Md., in their own proper persons. This power of attorney revokes that issued avid H.CARR,Carol H. HERMES,Anett CARDINALE,M.L.GRAY, Margaret A. GWEMTAYLOR,dated August 10,2007. The said AssistantU'To�y does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said,Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of March, A.D.2008. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND OtPo'r/ �F c W a' -moi. L By: Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland 1ss.. City of Baltimore f On this 3rd day of March, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,.and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Do Qaal?& Maria D.Adamski Notary Public My Commission Expires: July 8,2011 POA-F 031-3190 kr ACKNOWLEDGEMENT BY SURETY. STATE OF FLORIDA COUNTY OF HILLSBOROUGH SS. On this 10t.. day June, 2008 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Fidelity and Deposit Company of Maryland, and acknowledged to me that he/she executed .the within instrument on behalf of said surety company and was duly.authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature . �"�j1r'I Mar'anella Barnola ir'OTARY PUBLIC-STATE OF FLORIDA iVlarianeIla Barnola COMMIS51011#DD755498 Expires: MAY 05,2012 BONDED THRU ATLANTIC BONNG CO.,INC. This area fbf Official NOtaf•lal Seal NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF Contra Costa ) On June 11, 2008 , before me, Allison L. Dobbins , a Notary Public in and for said State, personally appeared Dean K. Mills , who proved to me on the basis of satisfactory evidence to be the person(o whose names)ishafe subscribed to the within instrument and acknowledged to me that he/she executed the same in his/"�eif authorized capacity0es3, and that by his/her/theif signature(-s3-on the instrument the person(&)or the entity upon behalf of which the person(&)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of California that the foregoing paragraph is true and correct. - - - - - - - - - - - - - -- ----- WITNESS my hand and official seal. ALLISON L. DOBBINS Commission#► 1791410 Notary Public -California Contra Costa County Signature (") 'U* �� rca"rRe �'�1 -1z My Commission Expires: February 18, 2012 Notary Name: Allison L. Dobbins Notary Phone: (925) 808-2337 Notary Registration Number 1457365 County of Principal Place of Business: Contra Costa NOTARY.BLK(Rev 6/94)