Title
Department of Transportation recommending the Board consider the following:
1) Accept the subdivision improvements for Summerbrook - Unit 1 (Phase 1 & Phase 2) and Summerbrook - Unit 2 (Phase 3 & Phase 4), TM07-1440-R-2, as complete;
2) Reduce Performance Bond EACX4020395 from $319,998.75 to $306,059.00, which is ten percent of the total cost of the subdivision improvements. This amount guarantees against any defective work, labor done, or defective materials furnished, which is to be released after one year if no claims are made;
3) Hold Laborers & Materialmens Bond EACX4020395 in the amount of $1,530,295.00 for six months to guarantee payments to persons furnishing labor, materials, or equipment; and
4) Authorize the Clerk of the Board to release the respective Bonds after the required time periods upon written request by Transportation.
(District 4)
FUNDING: Developer Funded.
Body
DISCUSSION / BACKGROUND
On October 11, 2022 (Legistar file 22-1717), the Board of Supervisors approved the Final Map and Agreement to Make Subdivision Improvements for Class 1 Subdivision Summerbrook - Unit 1 (Phase 1 & Phase 2) and Summerbrook - Unit 2 (Phase 3 & Phase 4), TM07-1440-R-2 (SIA) between the County and Summerbrook, El Dorado, Inc. (Owner).
On August 29, 2024, the Director of Transportation executed the First Amendment to the SIA under authority delegated by Resolution 96-95, extending the performance period from October 11, 2024, to October 11, 2025. The Board approved the Second Amendment to the SIA on May 12, 2026 (Legistar file 26-0721), extending the performance period from October 11, 2025, to October 11, 2026.
On April 4, 2023 (Legistar file 23-0527), the Board approved the reduction of Performance Bond EACX4020395 from $3,060,590.00 to $319,998.75 due to partial completion of the improvements included on the project’s approved plans. The Performance Bond is held at 10% of the total cost of improvements for the warranty period; thus, the reduction on this item to $306,059.00.
The subdivision improvements for the Summerbrook - Unit 1 (Phase 1 & Phase 2) and Summerbrook - Unit 2 (Phase 3 & Phase 4) project have been completed according to the plans and specifications for this development and per the conditions of the SIA. The Department of Transportation (Transportation) construction inspection staff has inspected the work and confirms the subdivision improvements are complete.
ALTERNATIVES
None; when the Owner/Developer completes all improvements, and the County inspects and approves those improvements, the County is then obligated to approve the reduction of the Bonds, if necessary, and initiate the warranty period.
PRIOR BOARD ACTION
Outlined in the Discussion / Background section above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
N/A
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
The requested Board action has no associated fiscal impact or change to Net County Cost.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will reduce Performance Bond EACX4020395 from $319,998.75 to $306,059.00 and advise Transportation (attn.: Lindsay Tallman) and the Owner, Summerbrook El Dorado, Inc., 707 Aldridge Road, Suite B, Vacaville, CA 95688, it has been reduced.
2) The Clerk of the Board will hold Laborers & Materialmens Bond EACX4020395 in the amount of $1,530,295.00 for six (6) months. If no claims have been filed, Transportation will request in writing that the Clerk of the Board release said Bond.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation