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Home My WebLink AboutMINUTES - 09122006 - C.10 (3) lob C, . S TO: BOARD OF SUPERVISORS r__ Contra J T FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR Costa DATE: September 26, 2006 County S>A cbut SUBJECT: Accepting completion of private (Darcie Way) and public (Central Avenue widening) improvements for Subdivision 03-08747, for project being developed by DHI-LCG, LLC, Martinez area. (District II) SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): .ADOPT Resolution No. 2006�-b-gp for Subdivision 03-08747,accepting completion of improvements,for project being developed by DHI-LCG, LLC, Martinez area. (District II) .FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have been installed in a good workmanlike manner as required by the improvement plans and in conformance with the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The six-month lien period will not start and the guarantee performance will not begin until the improvements are accepted as complete. Continued on Attachment:-k—,- SIGNATURE: L--RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,ACFPROVE 1OT2HER SIGNATURE (S): ACTION OF BOA O APPROVED AS RECOMMENDED OTHER VO T OF SUPER SO , /' I hereby certify that this is a true and correct _�✓ UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. I.B:vz G:Tn,,Svc\BO\2006\09-26\SD 03-8747 BO 45.doc �-- Public Works(ES) ATTESTED:�/e 7� he- Originator: Contact: S.Gospodchikov(313-2316) Recording to be completed by Clerk of the Board JOHN CULLEN, Clerk of the Board of I.D.41-2144835 Supervisors and County Administrator cc: Public Works Construction Div. P.Tchaney,M&T Lab I-1.Finch,Maintenance Div. - I.Bergeron,Mapping Div. L.Breen,Engineering Svc. By. Deputy -'F.—September 19,2007 DHI-LCG,I.I.0 333 Civic Drive Pleasant Hill,CA 94523 Fidelity and Deposit Company of Maryland 560 Mission Street,Suite 2400 San Francisco,CA 94105 Attn:John J.Daley CONTRA COSTA Co Recorder Office Recorded Co tra Costa the County request of: STEPHEN L. 006Clerk-Recorder6724-00 Board of Supervisors � � Return to: Wednesday, SEP 27, 2006 13:04:17 Public Works Department FRE $0.00 ybr-0003420241 Engineering Services Division Tt 1 Pd $0.00 Irc/RS/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 26, 2006 by the following vote: AYES: Uilkema, Piepho, DeSaidi ier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None -- RESOLUTION NO. 2006/--5'9/1 SUBJECT: Accepting completion of private(Darcie Way)and public(Central Avenue widening) improvements for Subdivision 03-08747,for project being developed by DHI-LCG, LLC, Martinez area. (District II) These improvements are approximately located near Arthur Road northeast of Interstate 680. The Public Works Director has notified this Board that the improvements in Subdivision 03- 08747 have been completed as provided in the Subdivision Agreement with DHI-LCG, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LB:vz G:\EngSvc\l30\2006\09-26\SD 03-3747 BO 45.doc Originator: Public Works(FS) I hereby certify that this is a true and correct copy of an Contact: S.Gospodchikov(313-2316) action taken and entered on the minutes of the Board of Recording to be completed by Clerk or the Board I.D.41-2144835 Supervisors on the date shown. cc: Public Works Construction Div. P.Tchaney,M&'1'Lab H.Finch,Maintenanco Div. ATTESTED: I.Bergeron,Mapping Div. L.Breen,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and - -T.—September 19,2007 County Administrator DI 11-LCG,LLC 333 Civic Drive Pleasant Hill,CA 94523 Fidelity and Deposit Company or Maryland 560 Mission Street,Suite 2400 By , Deputy San Francisco,CA 94105 Attn:John J.Daley RESOLUTION NO.2006/��/ SUBJECT: Accepting completion of private(Darcie Way)and public(Central Avenue widening) improvements for Subdivision 03-08747,for project being developed by DHI-LCG, LLC, Martinez area. (District II) DATE: September 26, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 26,2006 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 BANK/SURETY March 15, 2005 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for $125,550.00, Bond No. 08719494 issued by the above surety be RETAINED for the six month lien guarantee period until July 26, 2007, 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 widening of Central Avenue is/are ACCEPTED and DECLARED to be a County road;the right-of-way was conveyed by separate instrument,recorded on March 21, 2005 , in Book 476 of Maps on Page 32. BE IT FURTHER RESOLVED that the begimning of the warranty period is hereby established,and the$2,511.00 cash deposit(Auditor's Deposit Permit No.437203 ,dated January 5, 2005) made by DHI-LCG, LLC and the maintenance surety for $10,200.00, Bond No. 08719494 dated September 1, 2006 issued by Fidelity and Deposit Company of Maryland be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. ;RESOL UTION A70. 3006/5�� BOND NUMBER: 08719494 PREMIUM INCLUDED IN PERFORMANCE BOND Fidelity and Deposit Company HOUSorrrce OF MARYLAND RALTI rORA Ara,212W Maintenance Bond KNOW ALL MEN BY THESE PRESENTS,that we ..•,DHI—LCG, LLC ........................................_.................................................................. ........................ bereinefter called Principal, as Principal, and I+IDF ATA AND DEPOSIT COMPANY OF MARYLAND s corporation of the State of Maryland,Baltimore,Maryland,hereinafter called Suroty,as Surety,aro held and firmly bound unto .................. CONTRA COSTA COUNTY hereinafter called Obligee in the sum of.TEN THOUSAND TWO HUNDRED AND NO/100---------- -----_ ---. - r._--------- ------_------ ------($10,200:00).DOLLARS, lawful money of the United States of America, to be paid to the *aid Obligee, or its sueoesaora or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators,succossors and assigns,jointly and severally,firmly by these presents, SIGNED,'sealed and dated this IST day of. SEPTEMBER —m--2006 ..........__.......................... CN-71 0-M'-DECEiLi�........ W41KREAS,the Principal entered into a contract with the said Obligee, dated-21! 2004 for.....,SUBDIVISIONIMPROVEMENTS, SUBDIVISION 38747 ......................................................_.................................-.......................................................................................and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract, NOW, THEREFORE, TETE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee,any defects which may develop during a period of.One,,,M).........Yea.r . ... ........ from the date of completion and acceptance of the work performed under the contract, caused by defec• tive or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and affect. DHI—V..... A�'rt<ar:.......................................................................................... BY: ....}. I -----....-.................._-•••......... . �(.�Ilya,-� Principal FIDELITY ANn DEPOSIT COMPANY OF MARYUND ........................ ...................................................... BY: ..-�` ... a'E-'Y' (s:� �,�Y— ...... ........., .'A —FACT .STATE OF CALIFORNIA S.S. COUNTY OF CONTRA COSTA Cir SEPTEMBER 5, 2006 _ befcwe ire DIANA L. KALISZ, NOTARY PUBLIC PF_RSONALLYAPPEARED DAVID B. SANSON personal1v known to nie( ' to be the percnn(.+ whose name(:)i.crrrr+r subscribed to the within instrument and ac•knowled,,e(l to nne that heAhe. hev executed the S(lnrc in hisfhr#fFhe-r(1ntlrorized cupacitv(4&H.and that by hi.sNrr>'A*ctr signatnr•e(-r)off lite instr'nniew the person6s.), or rite:'enikv upon he•hulf DIANA L. KALiSZ of'which the person(-. ac.•tetl, Lvec:nte(l the instrument. _ Commission# 1682333 -w Notary Pulft-Calitomia WITNESS its•hand and o Fcial seal. Contra Costa Counly ff My Comm.Expires JW 18,201 Sl,,)i(1111i'N Tlni.c urea lilt O%ficial Notarial Scal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER MAINTENANCE BOND, BOND#08719494 MANAGING MEMBER TITLE OF TYPE,OF DOCUMENT T ITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE(1) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: — SEPTEMBER 5.2006 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) DHI-LCG, LLC _ N/A SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On SEPTEMBER 1, 2006 before me, TANYA CHINCHILLA,NOTARY PUBLIC PERSONALLY APPEARED JOHN J. DALEY personally known to me(c+r�+ea1c to ee�x->ke-1 is .sa ietery e-Wdemee� to be the person(s)whose name(i) islare subscribed to the within instrument and acknowledged to me that heli fteh*ey executed the same in hislk,6w tkei-authorized capacit)+ies),and that by hi.slethheir signature(x)on the instrument the person(), or the entity upon behalf '` LA. . t- of which the persort(s)acted, executed the instrument. ANYACHINCHII•- �.�, � Commission It' 1375153 , Notary Public California �. -ct.,;3 WITNESS my hand and official seal. �:sti .. J Contra Costa County r ! My Comm.Expires Sep 16,2006.1, Signature This area fon•Off tial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND NUMBER 08719494 TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE (01) 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN!CONSERVATOR ❑ OTHER: SEPTEMBER 1, 2006 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) FIDELITY AND DEPOSIT COMPANY OF MARYLAND N/A SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by WILLIAM J.MILLS, Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e , dds by nominate, constitute and appoint John J.DALEY,of Lafayette,California, its true and law a e t,to make, execute, seal and deliver,for,and on its behalf as surety,and as its act al p takings, and the execution.of such bonds or undertakings in pursuan o ,s 0 on said Company, as fully and amply,to all intents and purposes,as if th xecpte t ged by the regularly elected officers of the Company at its office in Ba ' te� heir r This power of attorney revokes that issued on behalf of John J. D��d b 1 The said Assistant c o hat the extract set forth on the reverse side hereof is a true copy of Article V1, Section 2,of the By- p C any,and is now in force. IN WITNESS W R OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of January, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp 9EPpS� r 0 0 T By: Eric D. Barnes Assistant Secretary William J. Mills [rice President State of Maryland1 ss: City of Baltimore f On this 4th day of January, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the.individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. :qi,i 'rn nll„+• Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 016-2969C