HomeMy WebLinkAboutT-5932 - Cashier Memo - 7/30/2013 CI`Y of
MEMORANDUM
ff � .►`�
PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721
DATE: July 30, 2013
TO: BETH REUSCH
Public Works Department
FROM: JONATHAN BARTEL
Public Works Department
SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5932
THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING:
1. Performance Bond in the amount of$1,063,000.00
2. Payment Bond in the amount of $559,500.00
3. Check in the amount of $56,000.00 (Bank of America, 0024541081)
4. Check in the amount of $195,335.59 (Bank of America, 0024541060)
5. Copy of the Subdivision Agreement identifying itemized applicable charges.
If you have any questions, please contact me at 621-8684.
Thank you,
Jonathan Bartel
ccDIn92%w- MEMORANO
rn=�UMIVAOF I�JU
PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 L
DATE: July 16, 2013
TO: LORI NAJERA
Personnel Services Department
FROM: JONATHAN BARTEL
Public Works Department
SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5932
Attached are original bonds required for the subdivision agreement for the Final Map. Please
review the following bonds for conformity to City acceptance policies:
1. Performance Bond in the amount of: $1,063,000.00
2. Payment Bond in the amount of: $559,500.00
If you have any questions, please contact me at 621-8684.
Thank you,
Jonathan Bartel
RISK MANAGEMENT DIVISION
Approved
Appfo�red w/Chan es ❑
4� � 3
S d Date
Bond No.: 268004242
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
Centex Homes
("principal") will be entering into an agreement whereby principal agrees to install and
complete certain designated public improvements, which said agreement, identified as
Subdivision Agreement for the Final Map of Tract No.5932 , is hereby referred to
and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
Now, therefore, we, the principal
and Liberty Mutual Insurance Company , as surety, are held and firmly
bound unto the City of Fresno ("City"), in the penal sum of
One Million Sixty-three Thousand dollars ($1,063,000.00 )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions
in the said agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein specified, and
in all respects according to their true intent and meaning, and shall indemnify and save
harmless City, its officers, agents and employees, as therein stipulated, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the agreement or to the work to be performed thereunder or
the specifications accompanying the same shall in anywise affect its obligations on this
bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety
above named, on July 11 , 20_1-1 .
Principal: Centex Homes
By:
1—
(Priv ipal) Bruce E. Robinson, VP & Treasurer
Surety: Liberty Mutual Insurance Company
By.
(Surety) Dory Malo , Attorney-in-Fact
Bond No.: 268004242
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
Centex Homes
("principal") have entered or will be entering into an agreement whereby the principal
agrees to install and complete certain designated public improvements, which agreement,
identified as Subdivision Agreement for the Final Map of Tract No. 5932 , is
hereby referred to and made a part hereof; and
Whereas, under the terms of the agreement, the principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City
of Fresno ("City") to secure the claims to which reference is made in Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Nowtherefore, the principal and
Liberty Mutual Insurance Company
as corporate surety, are held
firmly bound unto the City and all contractors, subcontractors, laborers, material men, and
other persons employed in the performance of the agreement and referred to in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of
Five Hundred Fifty-nine Thousand Five Hundred dollars
($ 559,500.00 ), for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to this work or labor, that the
surety will pay the same in an amount not exceeding the amount hereinabove set forth, and
also in case suit is brought upon this bond, will pay, in addition to the face amount thereof,
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
City in successfully enforcing this obligation, to be awarded and fixed by the court, and to
be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies, and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become.
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the agreement or the specifications accompanying the same shall
in any manner affect its obligations on this bond, and it does hereby waive notice of any
such change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety
above named, on July 11 , 2013
Principal: Centex Homes
By: I- t--,
(Principal) Bruce E. Robinson, VP & Treasurer
Surety: Liberty Mutual Insurance Company
By: cam--rte-_
("Surety) Dory Malouf, Attorney-in-Fact
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 11th day of July, 2013, before me, the undersigned authorized employee,
personally appeared Bruce E. Robinson who acknowledges himself to be Vice President
and Treasurer of Centex Homes and as such employee, being authorized to do so, executed
the foregoing instrument for the purposes therein contained by signing the name of the
Corporation by himself as such employee.
My Commission Expires: April 15, 2019
h (�i
tary Public, Judith M. dampernel
Macomb County, acting in Oakland County, Michigan
tvLH 033
ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this I Ith day of July, 2013, before me personally appeared Dory Malouf, known to me
to be the Attorney-in-Fact of Liberty Mutual Insurance Company, the same. In witness
whereof, I have hereunto set my hand and affixed my official seal, at my office in the
aforesaid County, the day and year in this certificate first above written.
My Commission Expires: April 15, 2019
d k _ Ck
Noary Public, Judith M. Ca4ipernel
Macomb County, acting in Oakland County, Michigan
N*1 033
THIS,POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 5995026
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Brien O'Meara;Bruce E.Robinson;Colette R.Zukoff;David, Furstenberg; Dory Malouf;James Ossowski;Jan M.Klym;Nicole M.
Ocholik;RobertPorter;Steven M.Cook;Suzanne Treppa
all of the city of Bloomfield Hills state of MI each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their awn proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 15th day of February 2013
American Fire and Casualty Company
The Ohio Casualty Insurance Company
a
ria Liberty Mutual Insurance Company c
Q) West American Insurance Company
C STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary
+: COUNTY OF KING
cv �
mOn this 151h day of February 20'13 , before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American M�
U m Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,N
C execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C LU
Mm > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. `O p.
CD
m O Q M
N
By: (Ptk, c v
C ` KD Riley.Nol Public
L �
mo OE
.— m a M
0 This Power of Attorney is made and executed pursuant to and by authorityof the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to p
r Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r c
c�` ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject p r
tm
a; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, >a)
O C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :a
E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so .- y
O8+' executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >
N
the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. a)CD
'a >,
ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,
> m and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, C M
O 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C ao
Z 0 respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. O to
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such ~
attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and
other surety obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West
American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,
is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 11 t$ay of July 20 13
. _ By:
91 J i 9
91 �Tw David M.Carey;Assistant Secretary
LMS 12873 092012 297 o1 300
tpulteGroup, CITY OF FRESNO Check Number
0024541081
Vendor Number 551CIT169 Check Date 07/18/13
Invoice Date Cc Lot Lot Address Opt AccCat Acct Cat Description Amount
T5932 FEF DEP 07/16/13 4220 00001 00003 10232 Municipal Fees 56,000.00+
**** TOTAL **** 56,000.00
THE ORIGINAL DOM MENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK.HOLD AT AN ANGLE TO VIEW.DO NOT CASH IF NOT PRESENT.
Check Number 00454 0$� sa-1;27s
*�utt'
Nor6ern CaWprnla
e' Group Granite Say,CA 95746 Check,Date 07/18/13
s
$56,000.00****** j
PAY
0
FIFTY-SIX THOUSAND AND 00/100 DOLLARS
R
Bank of America Void After 180 Days -
Customer Connection
Atlanta,Dekalb COunty,GA
TO THE CITY OF FRESNO
Y ORDER OF P.O. BOX 2069
FRESNO, CA 93718-2069
11100 2454 108 10 1:0611127881: 32990394220
*PutteGroup� CITY OF FRESNO
Check Number 0024541060
Vendor Number 551CIT169 Check Date 07/15/13
Invoice Date Co Lot Lot Address Opt Catt Acct Cat Description Amount
TRACT 5932 07/10/13 4220 00001 00003 10232 Municipal Fees 35,943.28+
TRACT 5932 07/10/13 4220 00001 00001 10708 Real Estate Taxes 33,488.31+
TRACT 5932 07/10/13 4220 00001 00003 10232 Municipal Fees 125,904.00+
**** TOTAL **** 195,335.59
THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK_ HOLD AT AN ANGLE TO VIEW.DO NOT CASH IF NOT PRESENT
Check N,
uQ245zo61?
i► i r f'41 1 NortMarn CalHp'rn"
LE V aid Grande Bay,CA9l Check Date 0715/13
$195,335.59*****
PAY
ONE HUNDRED NINETY-FIVE THOUSAND THREE HUNDRED THIRTY-FIVE AND 59/100 DOLLARS
Bank of America Void After 180 Days -
Customer Connection
Atlanta,Dekalb County,GA
TO THE CITY OF FRESNO
ORDER OF P.O. BOX 2069
FRESNO, CA 93718-2069
I000 24 54 1C16011' i:CI6 l l l 2 7881: 32990394220