HomeMy WebLinkAboutMINUTES - 08172004 - C5 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: August 17, 2004
SUBJECT: Accepting Completion of Improvements for Culvert Revetment, DA 02-00017 (cross-reference
Subdivision 7984).
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 436 for DA 02-00017 (cross-reference Subdivision 7984), accepting
completion of improvements for culvert revetment, San Ramon(Dougherty Valley) area, (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Developer, Shapell Industries of Northern California, a Division of Shapell Industries, Inc., has completed
improvements (culvert revetments) as per Resolution No. 2002/587, dated October 1, 2002.
CONSEQUENCES OF NEGATIVE ACTION:
The Developer,Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,will not be able to
reduce their Bond amount and establish the
ZL=-
Continued on Attachment Signature:
RECOMMENDATION OF COUNTY ADMINISTRATOR
7RECOMMENDATION OF BOARD COMMITTEE
..A;PPROVE _OTHER
SIGNATURE(S
ACTION OF BOA N APPROVED AS RECOMMENDEDx= OTHER
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT DISTRICT I )
AYES: NOES:
ABSENT: ABSTAIN:
TR:gpp
G:\GrpData\EngSvc\BO\2004\08-17-04\DA 0017 order.doc I hereby certify that this is a true and correct copy of an
Originator: Public Works(ES)
Teri
Contact: Teri Rie(313-2363)
action taken and entered on the minutes of the Board of
Recording to be completed by COB Supervisors on the date shown.
F.D.95-2578030
cc: Public Works -T.Bell,Construction Div.
Shapell Industries of Northern California ATTESTED: AUGUST 17, 2004
Sam Worden&Steve Savage JOS SWEETEN
P.O.Box 361169,100 N.Milpitas Blvd. , Clerk of the Board of Supervisors and
Milpitas,CA 95035 County Administrator
National Fire Insurance Company of Hartford
Attn:Pamela Stocks
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367 or
City of San Ramon,Attn:Chris Low By , Deputy
3180 Crow Canyon Place,Suite 140
San Ramon,CA 94583
AA
CONTRA CCSTR Co Recorder Office
DOC— 2004-03 15309-00
STEPHEN L, WEIR Clerk-Recorder
Recorded at the request of: w�dn#���
Contra Costa County y, SEP 22 2004 09:24:02
FRE
Board of Supervisors Fy $0.®0
Return to: TtI Pd $0,00r"A�Q�y.�A0234�t �
Public Works Department V
Engineering Services Division I r C/RS/1—8
THE BOARD OF SUPER`YISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 17, 2004,by the following vote:
AYES: &j?Z&'VISGRS UILKENIA, GREENDE'RG, DE.SAUL:;IK� 94D GLOVER
NOES: NONE
ABSENT: SUPEVISOR JOHN GIOIA
ABSTAIN: NONE
RESOLUTION NO. 2004/ 436
SUBJECT: Accepting completion of improvements for culvert revetment,DA 02-00017(cross-
reference Subdivision 7984) San Ramon(Dougherty Valley) area, (District III)
The Public Works Director has notified this Board that the improvements in DA 02-00017
(cross-reference Subdivision 7984)have been completed as provided in the Drainage Improvement
Agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc.,
heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
TR:gpp
G:\GrpData\EngSvc\BO\2004108-17-041DA 0017 BO45.doc
Originator: Public Works(ES) I hereby certify that this is a trite and correct copy of an
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to he completed by COB
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works -T.Bell,Construction Div.
-N.Leary,Design(with as-builts)
Shapell Industries of Northern California ATTESTED: AUGUST 17, 2004
Pam arum 169, 100 N.Milpitas Blvd. 15 stave savage
B
P.O.Box 3611JOHN SWEETEN, Clerk of the Board of Supervisors and
Milpitas,CA 95035 County Administrator
National Fire insurance Company of Hartford
Attn:Pamela stocks
5820 Canoga Ave.,Suite 200 `
Woodland Hills,CA 91367By /S�� t*r�.e
City of San Ramon,Attn:Chriss ..
Low s" Deputy
3180 Crow Canyon Place,Suite 140
San Ramon,CA 94583
RESOLUTION NO.2004/ 436
SUBJECT: Accepting completion of improvements for culvert revetment,DA 02-00017(cross-
reference Subdivision 7984) San Ramon(Dougherty Valley)area, (District III)
DATE: August 17, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of August 17, 2004, thereby establishing the six-month terminal period for the filing of liens in
case of action under said Drainage Improvement Agreement:
DATE OF AGREEMENT NAME OF BAN /SURETY
October 1, 2002 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $36,400.00,
Bond No. 929263041 issued by the above surety be RETAINED for the six month lien guarantee
period until February 17,2005, 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 improvements are ACCEPTED as COMPLETE.
Upon Acceptance by the Board of Supervisors,the San Ramon City Council shall accept the culvert
improvements for maintenance in accordance with the Dougherty Valley Memorandum of
Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No.392675,dated September
10,2002)made by Shapell Industries of Northern California,and the performance surety bond rider
for$10,800.00, Bond No. 929263041 issued by National Fire Insurance Company of Hartford be
RETAINED pursuant to the requirements of section 94-4.406 of the Ordinance Code until release
by this Board.
RESOLUTION NO. 2004/436
Du " ate of ori inal Decrease Rider
ssue on ovem r 11-4
SURETY Executed in Trll2 icate
DA-0817,Gale Ranch 11 West Winch Creek,SUB 7984
INCREASE :DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Dumber 9292,63041-. issued by the
National Fire Insurance Company of Hartford .,as
Surety,on behalf of Shapall industries of Northern California,A Division of Shapell In -u- e%Inc. of
Milphan,CA --___.._.--_.---___ hereinafter referred
to as the Principal,and in favor of County of Contra Costa
of _ Martinez,CA hereinafter
referred to as the Obligee,effective the 30th day of August 2002
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the _-2n±.-___.._ day of December , 2003 ,and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same Is hereby Decreased __. from the sum of
Seventy One Thousand Seven Hundred Nof100*— Dollars($_7.1,70,00°`"°_—.____),to the
sum of Ten Thousand Eight Hundred No/11001 Performance Only Dollars($10,800.00'°•"* },
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Seventy One Thousand Seven Hundred No/1001 Dollars($ 71.700-00-'—
or
1.700.001-'or for any loss occurring subsequent to said date shall not exceed the sum of
Ten Thousand Eight Hundred Noll 00***Performance.Only Dollars($
In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it
being the intent hereof to preclude cumulative liability.
SIGNED, SEALED AND DATED this 17th day of November 2003
Accepted By. Shapeil Industries of Northern California,
A Division of Shapell Industries,Inc.
(Principal)
By ' — By (Seal)
Form F4763
Nation 're Insurance Company of Hartford
__.---------.- —
BY '��'r (Seal)
Pamela L.Stocks, Attorney-in-Fact
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies*),are duly organized and existing corporations having
their principal offices in the City of Chicago.and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby
make,constitute and appoint
Pamela L.Stocks,Beverly A.Nall, Sandra V.Hanner,Individually
Of Sherman Oaks,California
their true and lawful Attorney{s}In-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
—In Unlimited Amounts--•
and to bind them thereby as fully and to the same extent as If such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney Is made and executed pursuant to and by authority of the By-Law and Resolutions,Printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA.Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 3rd day of August,2001.
40
Continental Casualty Company'
National Fire Insurance Company of Hartford
AXY 31. American Casualty Company of Reading,Pennsylvania
1
lever ~�yy�'l/d•i
I
Michael Gengler Group Vice President
State of Illinois,County of Cook,ss:
On this and day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and
say:that he resides In the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire
Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described In and which executed the above
instrument,that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were
so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like
authority,and acknowledges same to be the act and deed of said corporations.
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My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
I,Mary A. R€bikawskis.Assistant Secretary of Continental Casualty Company,National Fire insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still In force,and further
certify that the Sy-Law and Resolution of the Board of Directors of the corporations printed on the r v rs hereof is still in force. In testimony
whereof l have hereunto subscribed my name and affixed the seal of the said corporations this 17 t n day of
November x.003
Continental Casualty Company
a
National Fire Insurance Company of Hartford
AILY 31.+ American Casualty Company of Reading,Pennsylvania
SEAL 10112
vt410D) CSC.
1ss7
(Rev. 1/23/01) Mary A.Rlb kawskis Asslstant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shalt,with respect to any bond or undertaking to which It is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adapted by the Board of
Directors of the Company.
"Article VI---Execution of Obligations and Appolnt:ment of At orrisydn-Fac#
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attomey-in-fad"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1991.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article Vi of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duty adopted on February 17,
1893 by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senor or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attomeys-3n-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds,undertakings and other obligatory Instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their
respective certificates of authority,shall have full paver to bind the Corporation by their signature and execution of any such Instrument
and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the,signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporatism may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation.Any such pourer so executed and sealed and certified by certificate so executed and sealed,shall
with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."
State of Calif-o n'
County of Los Angeles
November 17 2003 aan til t=Publi
On _-- _-- before me, S d Rattner'- No
gate NAME, TITLE OF OFFICER- "JANE DOE. NOTARY PU6LIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
{ x } personally known to me- OR _ (—) proved to me on the basis of satisfactory evidence to be
the personps) whose name(*ishtlwsubscribed to the within instrument and acknowledged to me that
WshelitW executed the same in WWher/lxt authorised capacltypee} and that by Nwher/0"
signature(e) on the instrument the person(&), or the entity upon behalf of which the person(30 acted,
executed the instrument.
=..- my WITNES hand an clal seal.
SANDY HANKER .
Commission#1362157
Notary Public-CaNtamia SlC3N ?iJAE OF NOTARY
emy
Los Angeles COW*Comm.Expires Jul 2,2006
OPTIONAL
Though the data below is not required by taw, it may prove valuable to persons relying on the document
and could prevent traludulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
{i ) INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
{�}
PARTNER(S) (_._.) LIMITED
(,) GENERAL
(X ) ATTORNEY IN-FACT NUMBER OF PANES
{ �.)
TRUSTEE(S)
{� ) GUARDIAN/CONSERVATOR
( __) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
G-107426.8
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5
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4� S�
Mate of California
County of Santa Clara
On September 10,2004,before me,Janice T. Kruse,Notary public personally appeared �r
J.C. Truebridge and Bonnie Rice Mann,known to me to be the person whose name is >
subscribed to the within instrument and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the instrument,the person or they
entity upon behalf of which the person acted, executed the instrument.
S( . RGE t,tttt <
? skrn 1 J t 81697
omvNior"Y
Ccami WITNESS my hand.and official seal.
Gktrn
COW*
s _
Si tore of Notary Public �<
Optional Information
Title or Type of Document: IncreaselDecrease aider-Duplicate-of original issued on
November 17.2003„reiecte County Recorder. Tract ,t
7984,Gale Ranch 11
F
Capacity Claimed by Signer:,Assistant Vice President and Assistant Secretaryof
Shagell Industries.Inc.
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