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Home My WebLink AboutMINUTES - 06242008 - C.11 C Sti TO: BOARD OF SUPERVISORS Contra ... ......... FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR =—= '• Costa DATE: June 24, 2008 03 .��`�` County SUBJECT: Accept completion of improvements for Drainage Acceptance 05-00052, Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/4 ?accepting completion of drainage improvements (bio retention), for Drainage Acceptance 05-00052 (cross-reference Subdivision 99-08331), project developed by Danville Tassajara Partners, LLC, Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have been completed in accordance with Title 9 ordinance code and in accordance with the Drainage Improvement Agreement. CONSEQUENCES OF NEGATIVE ACTION: The agreement will not be exonerated and the developer, Danville Tassajara Partners, LLC will not receive a refund of the cash bond. Continued on Attachment: SIGNATURE: _RECO)MMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED A6 RECOMMENDED C OTHER OTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT I copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR Jc G:\EngSvc\BO\2008\06-24\DA 05-00052 BO-45 FORM.docx Originator: Public Works(ES) - Contact: T.Ric(313-2363) ATTESTED: O Recording to be completed by Clerk of the Board ee: Public Works -Construction Div. JOHN CULLEN, Clerk of the Board of -P.Tchancy,M&T Lab Engco,Inc D.Spinale,Engineering Svc. Supervisors and County Administrator Wendt GHAD Manager 2110 Crow Canyon Place,Suite 250 San Ramon,CA 94583 Attn:Uri Eliahu Danville Tassajara Parmets,LLC By , Deputy 6121 1 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203-1237 Attn:Jeri Apodaca IIII III III I III II II IIII I III III I VIII I IIII I II I VIII , CONTRA COSTA Co Recorder- Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOL— 2008-0148360-00 Board of Supervisors Wednesday, JUL 02, 2008 09:55:32 Return to: FRE $0.00 Public Works Department Engineering Services Division Tt 1 Pd $0.00 Nbr-0004135564 Irc/R9/1-3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 24, 2008 by the following vote: AYES: Gioia,Uilkema,Piepho,Bonilla&Glover NOES: none ABSENT: none ABSTAIN: none RESOLUTION N0. 2008/'f-E- SUBJECT: Accepting completion of improvements and release of cash deposit for faithful performance, for Drainage Acceptance 05-00052 (cross-reference Subdivision 99- 08331), Danville area. (District III) The Public Works Director has notified this Board that the improvements for Drainage Acceptance 05-00052 have been completed as provided in the Drainage Improvement Agreement with Danville Tassajara Partners, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. \E G: nceras s a rue ancorrect co G:\EgSvc\B0�2008\06-..4\DA 05-00052 BO-45 FORM.docx I hereby certify that this itd t Icy Originator: Public Works(ES) of an action taken and entered on the minutes of Contact: T.Ric(313-2363) the Board of Supervisors on the date shown. Recording to be completed by Clerk of the Board p cc: Public Works Construction Div. P.'rehaney,M&T Lab ATTESTED: D.Spinale,Engineering Svc. Engeo,Inc. JOHN CULLEN, Clerk of the Board of Wendt CHAD Manager Supervisors and Count Administrator 2110 Crow Canyon Place,Suite 250 p y San Ramon,CA 94583 Attn:Uri Eliahu Danville Tassajara Partnets,LLC 6121 Bollinger Canyon Road,Suite 500y , Deputy San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203-1237 Attn:Jeri Apodaca RESOLUTION NO.200W. 3 l SUBJECT: Accepting completion of improvements and release of cash deposit for faithful performance, for Drainage Acceptance 05-00052 (cross-reference Subdivision 99- 0833 1), 9=08331), Danville area. (District III) DATE: June 24, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 24, 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 BANYUSURETY December 19, 2006 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for $73,100.00, Bond No. 08862524 issued by the above surety be RETAINED for the six month lien guarantee period until December 24, 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 drainage improvements have been ACCEPTED as COMPLETE. The developer, Danville Tassajara Partners, LLC, shall retain the improvements for maintenance and ownership in accordance with the geologic hazard abatement district (GHAD) Plan of Control. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $1,500.00 cash security for performance (Auditor's Deposit Permit No. 472318, dated October 19, 2006) plus interest in accordance with Government Code Section 53079, if appropriate, to Danville Tassajara Partners, LLC pursuant to the requirements of the Ordinance Code; and the Drainage Improvement Agreement and surety bond, Bond No. 08862524, dated October 5, 2006, are exonerated.