To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of warranty period for the Subdivision Agreement for subdivision SD16-09301, San Ramon (Dougherty Valley) area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution accepting completion of the warranty period for the Subdivision Agreement, and release of cash deposit for faithful performance, subdivision SD16-09301, for a project developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
FISCAL IMPACT:
100% Developer Fees.
BACKGROUND:
The improvements have met the guaranteed performance standards for the warranty period following completion and acceptance of the improvements.
CONSEQUENCE OF NEGATIVE ACTION:
The developer will not receive a refund of the cash deposit, the Subdivision Agreement and performance/maintenance surety bond will not be exonerated, and the billing account will not be liquidated and closed.
c: Kellen O’Connor-Engineering Services, A. Vazquez-Engineering Services, Devon Patel-Engineering Services, Theresa Shepherd-Design/Construction, Chris Hallford-Mapping, Ciara Herrold-Finance, Ruben Hernandez-DCD, C. Low-City of San Ramon, Shapell Industries, Inc., a Delaware Corporation, North American Specialty Insurance Company.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF: Accepting completion of the warranty period for the Subdivision Agreement, and release of cash deposit for faithful performance, subdivision SD16-09301, for a project developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
WHEREAS, on October 17, 2017, this Board resolved that the improvements in subdivision SD16-09301 were completed as provided in the Subdivision Agreement with Shapell Industries, Inc., a Delaware Corporation and now on the recommendation of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.
NOW, THEREFORE, BE IT RESOLVED that the Public Works Director is AUTHORIZED to REFUND the $45,000.00 cash deposit (Auditor’s Deposit Permit No. DP716382, dated July 28, 2016) to Shapell Industries, Inc., a Delaware Corporation in accordance with Government Code Section 53079, if appropriate, Ordinance Code Section 94-4.406, and the subdivision agreement.
BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the civil improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and surety bond, Bond No. 2202333, dated June 6, 2016, issued by North American Specialty Insurance Company, are EXONERATED.