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FILE: 328-8701(S)/C.9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 31, 1989, by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, McPeak & Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Authorizing County Counsel to Secure Funds for
Completion of Discovery Bay Park, Phase II, for
County Service Area M-8, Willow Lake Road and Discovery
Bay Boulevard, Discovery Bay (WH834F)
The County of Contra Costa on July 21, 1987, having contracted
with DLT Landscape, Inc. , for Discovery . Bay Park, Phase II, for
County Service Area M-8, Willow Lake Road and Discovery Bay
Boulevard, Discovery Bay, Budget Line Item No. 7478-4834,
Authorization No. 0928-WH834F, with Amwest Surety Insurance
Company, as surety, for work to be performed on the grounds of the
County; and
The Contractor having failed to complete said work and the
County having filed a Notice of Cessation of Labor which was
recorded on March 17, 1988; and
i
The Director of General Services having reported that the cost
to complete the remaining work, to renew turf and other planting
which the Contractor failed to maintain, and to repair concrete
walks damaged by the Contractor, has exceeded the amount of funds
withheld from the Contractor and available to the County; and
The Director of General Services having reported that, despite
proper demand, the surety and the Contractor's insurance company
have failed to reimburse the County for the costs incurred, and
having recommended that County Counsel be authorized to secure the
required funds;
IT IS BY THE BOARD ORDERED that County Counsel is AUTHORIZED
to prosecute legal proceedings against the Contractor
(DLT Landscape, Inc. ) , the surety (Amwest Surety Insurance
Company) , and/or the Contractor's insurance company (Farmers
Insurance Group) to recover the costs incurred by the County in
completing said work and any other relief to which the County may
be entitled.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: JA N 311989-
PHIL BATCHELOR,clerk of the Board
of Supervisors and County Administrator
BY f/, /hAr.,D�t aYLL�[ ,Deputy
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Originator: General Services Department
Architectural Division
CC: Contractor (Via A.D. )
County Administrator
County Counsel
D. Schmidt
Auditor-Controller
Community Development Department
S. Epperly
General Services Department
Architectural
Accounting
County Service Area M-8 (Via A.D. )
Amwest Surety Insurance Company (Via A.D. )
Bond No. 1123230
c/o Adams, Philipps & Alexander
100 Pine Street, Suite 2050
San Francisco, CA 94111
Farmers Insurance Group (Via A.D. )
Policy No. 55989108
29952 Mission Boulevard
Hayward, CA 94543,
32801B01.18B
GB:pg
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