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HomeMy WebLinkAboutMINUTES - 03141989 - 1.53 1-053 TO: BOARD OF SUPERVISORS C ra Costa FROM: Phil Batchelor, County Administrator Carty DATE: March 14, 1989 SUBJECT: Approving Irrevocable ,Standby Letter of Credit with Walsh Construction Company in lieu of 10% construction Retention for the West County Justice Center. Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATION APPROVE the irrevocable Standby Letter of Credit with Bank of America NT & SA in favor of the County for account of Walsh Construction Company up to 10% of construction contract for the West County Justice Center, Project B, and AUTHORIZE the County Administrator or his designee to execute the Letter of Credit. FINANCIAL IMPACT The cost of the Letter of Credit is borne by the contractor. There should be no financial impact on the County. REASONS FOR RECOMMENDATION/BACKGROUND At the request and expense of the contractor, the California Government Code Section 4590 permits the substitution of securities for any monies withheld by a 'piyblic agency to ensure performance of a contract. One of the listed eligible securities is the Standby Letter of Credit. Through a series of exchanges, the . construction contractor, their _bank and the County have developed mutually acceptable language and are now ready to establish an irrevocable letter of credit. This agreement defines the responsibilities of the parties and the terms of release of funds. Currently, the County withholds 10% of the Contractor's monthly progress payment request as security for performance. By the end of construction, the 10% retention offset may total as much as $304,000. CONTINUED ON ATTACHMENT: YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s): Action of Board on:MAR 14 1989. Approved as Recommended )e Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: MAR 4 1989 Attested: cc: CAO, Justice System Programs Phil Batchelor, Clerk of Auditor-Controller the Board of Supervisors Treasurer-Tag Collector and County Administrator County Counsel � ' GSD-Accounting By: , DEPUTY Walsh Construction Company via CAO Bank of America via CAO \TXT\CRDTLTR.BO