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Home My WebLink AboutMINUTES - 02262008 - C.13 j BOARD OF SUPERVISORS Contra r,.TO: FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: February 26, 2008 s ` County pq-cou>s SUBJECT: Approve Reduction of Performance Bond Amount, Subdivision 01-08536, Martinez area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ `for Subdivision 01-08536,approve Reduction of Performance Bond Amount, for project being developed by Discovery Builders, Inc., Martinez area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Developer has requested reduction of bond amount for improvements that have been installed but not yet accepted as complete due to pavement deficiencies. CONSEQUENCES OF NEGATIVE ACTION: Bond amount reduction will not be approved. Continued on Attachment: �� SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER r SIGNATURES . ACTION OF B A D ON APPROVED AS RECOMMENDED�OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. SG:vz (i:\I ngSvc\130\2008\02-26\BO 23 SD 01-8536.doc ATTESTED: o?-J" ' Originator: Public Works(ES) JOHN CULLEN, CI rk of th Board of Contact: S.Gospodchikov(313-2316) cc: Director of Community Development Supervisors and County Administrator Public Works Accounting Construction Discovery Builders,Inc. 1061 Port Chicago 1-lighway,Suite H y D uty Concord,CA 94520 Attn:Micah Timmer Travelers Casualty and Surety Company of America One Tower Square Hartl'ord,Cr 06183 Attn:Bradley Wright THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 26, 2008 by the following vote: AYES: Gioia, Uilkelna, Piepho, Bonilla and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ SUBJECT: Approving Reduction of Performance Bond Amount, Subdivision 01-08536, Martinez area. (District II) Under Assembly Bill No. 1460(Section 66499.7 of the Government Code)security furnished by developers to a public entity may be reduced, following a written notice from subdivider,to a new amount for the cost of remaining work. The Public Works Director has notified this Board that the improvements in Subdivision 01- 08536 have been completed as provided in the Subdivision Agreement with Discovery Builders,Inc., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. The Public Works Department having also notified this Board that these improvements are NOT ACCEPTED as complete at this time due to pavement deficiencies. SG:vz I hereby certify that this is a true and correct copy of an G:\I:ngSvc\BO\2008\02-26\BO-23 SD 01-8536.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: S.Gospodchikov(313-2316) Supervisors on the date shown. cc: Director of Community Development Public Works Accounting Construction Discovery Builders,Inc. 1061 Port Chicago Highway,Suite H ATTESTED: Off /a - Concord,CA 94520 JOHN CULLEN, Cler of the B and of Supervisors and Attn:Micah Timmer Travelers Casualty and Surety Company of America County Administrator One Tower Square t Hartford,CT 06183 Attn:Bradley Wright , By , Deputy RESOLUTION NO. 2008/�� SUBJECT: Approving Reduction of Performance Bond Amount, Subdivision 01-08536, Martinez area. (District II) DATE: February 26, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been completed as of February 26,2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY December 16, 2003 Travelers Casualty and Surety Company of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for$793,600.00, Bond No. 104208763 issued by the above surety be RETAINED for the six month lien guarantee period until August 26,2008, 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 $15,900.00 cash bond (auditor's permit #415547 dated November 26,2003),deposited by Discovery Builders,Inc.and the performance and guarantee surety for $285,000.00,,Bond Rider No. 104208763 dated January 3, 2008 issued by Travelers Casualty and Surety Company of America be RETAINED until further action by this Board. RIDER Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 To be attached to and form a part of: Bond No. 104208763 Type of Bond: Performance Bond and Guarantee Executed`:b# Discovery Builders, Inc.. as Principal, and by Travelers Casualty and`S irety Company of America as Surety, in favor of Contra Costa County and dated November 18, 2003 In consideration of the premium charged for the attached bond, it is hereby agreed to change: Reduce the bond amount of the Performance and Guarantee Bond From: One Million-Five Hundred Seventy One Thousand Three Hundred and No/100-------------------------------($1,571,300.00) To: Two Hundred Eighty Five Thousand and No/100-------------------------------------------------------------------------($285,000.00) This rider is effective January 3, 2008. This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. SIGNED, SEALED AND DATED this 3rd day of January, 2008. Disco ry Bu" ders, Inc. By: .. Al6ctf D. Seeno I / Travelers Casualty and Surety Co npany of America By. Bra .7VV t; ttorney-in-Fact *If Obligee signature required, please sign duplicate and return to Surety. 5-1234(01-99) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 3, 2008 before me, Carol B. Henry,Notary Public personally appeared---------------------------Bradley N. Wright-------------=--------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ CAROL 8. HENRY WITNESS my hand and official seal. Commission# 1684406 a 4-. Notary Public California �„o , Sari Francisco County _ My Comm.Expires Jul 28,201 OL Signature .� l Signature of 'otary Public Place Notary Seal Above WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surely Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-in Fact No. 218619 Certificate No. 0016.11853 KNOW ALL MEN BY THESE PRESEN'T'S:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are coiporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that united States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the••Companies•'), and that the Companies do hereby make,constitute and appoint Carol B. Henry,and Bradley N.Wright of the City of San Francisco State of California their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one,is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of.guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitied'in myyac'tions oceedings allowed by law. 4th IN WITNESS WHEREOF,the Compa�i6bl ive caused this instrurnetiti.to be,signed=inid their,corPorate seals to be hereto affixed,this day of May // R Farmington Casualty Company + ;, `"• St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance.Coriipany, .: St.Paul Mercury insurance Company Fidelity and Guaranty Insurance�Underwriters,inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company :�ps'�N,tP,.,_.O�n.R.y-ASLrG W dJ"r•�TY NAM°o, CON ...,....' s sy�j rw'MaO rGFoWfIp`STas N t�g7eYs�s� •N, State of Connecticut By: City of Hartford ss. Georg Thompson, enior icc President 4th May 2007 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian insurance Company.St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he, as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as it duly authorized officer. in Witness Whereof,i hereunto set my hand and official seal. My Commission expires the 30th day of June.201 1. effl� Marie C.Teiretmlt.Nolan,Public 58440-8-06 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER r ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT .............................................................................................................................................................................................. State of California County of Contra Costa c On January 4, 2008 before . me, D. Panteles.Notary Public , .personally appeared Albert D. Seeno IIIA -Ikttewii to proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that.by.his/her/their signature(s) on the instrument•the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. D. RAC-`IEl_ES Cs 00M�A. ,``155573;) r :ya_. . NOTARY PUBLIC ALIFORNIA �E WITNESS my hand and official seal. e3 wk CONTRA COSTA COu7• n. My Comm.Expires March Sionatur (seal) ******* ***********************************OPTIONAL INFORMATION***************,:****x**�****� The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Bond Rider for Vinehill Meadows DOCUMENT 11-1 LE OR DESCRIPTION DOCUMENT DATE: Jan 3,2008 NUMBER OF PAGES. _ COMMENTS: ....................................:.......................:....................:..........................................................................................................r