HomeMy WebLinkAboutMINUTES - 07222008 - C.23 TO: BOARD OF SUPERVISORS Contra
Costa
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR
rn
DATE: July 22, 2008 sP`'�
co County
SUBJECT: Approve Road Improvement Agreement for Gale Ranch Pedestrian Bridge,Road Acceptance 06-
01209, San Ramon (Dougherty Valley) area. (District III)
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SPECIFIC REQUES-r(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION '
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ 13proving the Road Improvement Agreement for Gale Ranch Pedestrian
Bridge, for Road Acceptance 06-01209 (cross-reference Subdivision 99-08306), as recommended by the Public
Works Director, for project being developed by Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware
Corp., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Road Acceptance 06-01209 (cross-reference Subdivision 99-08306) has been reviewed and processed by Public
Works Staff and meets all applicable conditions of approval regarding road improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be-approved.
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNT'ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED A RECOMMENDED OTHER
I hereby certify that this is a true and correct
V OF SUPERVISORS ir/ ' copy of an action taken and entered on the
UNANIMOUS(ABSENT minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
DSJc ATTESTED: 2
G:\EngSvc\BO\2008\07-22\RA 06-01209 BO-15 FORM.doc
Originator:Public.Works(ES) JOHN CUL N,1lertthe Board of
co„tact:T.Ric 2363>
Work
cc: Public Works- Construction Supervisors and County Administrator
Current Planning,Department of Conservation and Development
'r—May 22,2010
Shapell I lomes
100 North Milpitas Blvd.
Milpitas,CA 95035 By eputy
Attn:S'Worden&'S.Savage
The Continental Insurance Company
2355 E.Camelback Rd.,Suite 500
Phoenix,AZ 85016
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 22, 2008 by the following vote:
; AYES; GIOIA, UILKEMA,
i AND GLOVER
NOES: NONE
ABSENT: SUPERVISORS PIEPHO,
AND 130NILLA
ABSTAIN: NONE
RESOLUTION NO. 2008/
SUBJECT: Approving the Road Improvement Agreement for Gale Ranch Pedestrian Bridge,
Road Acceptance 06-01209 (cross-reference Subdivision 99-08306), as
recommended by the Public Works Director,for project being developed by Shapell
Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon
(Dougherty Valley) area. (District III)
These improvements are approximately located near Main Branch Road.
The following document was presented for Board approval for Gale Ranch Pedestrian Bridge,
Road Acceptance 06701209 (cross-reference Subdivision 99-08306) property located in the San
Ramon (Dougherty Valley) area, Supervisorial District III.
A Road Improvement Agreement with Shapell Homes,a Division of Shapell Industries,Inc.,
a Delaware Corp.,principal,whereby said principal agrees to complete all improvements,as required
in said :Road Improvement Agreement, within two year(s) from the date of said agreement.
Improvements generally consist of trail improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an
DSJc action taken and entered on the minutes of the Board of
G:\EngSvc\BO\2008\07-22\RA 06-01209 BO-15 FORM.doc Supervisors on the date shown.
Originator:Public Works(ES)
ContacIA'..Rie(313-2363) �'A
cc: Public Works- Construction ATTESTED:
Current Planning,Dept.of Conservation&Development JOHN CULL FO, CA of the Board of Supervisors and
"r—May 22,2010
Shapell Ilomes County Administrator
100 North Milpitas Blvd.
Milpitas,CA 95035
Attn:S.Worden&S.Savage
The Continental Insurance Company
2355 E.Camelback Rd.,Suite 500 By , Deputy
Phoenix,AL 85016
RESOLUTION NO.2008/ ��
SUBJECT: Approving the Road Improvement Agreement for Gale Ranch Pedestrian Bridge,
Road Acceptance 06-01209 (cross-reference Subdivision 99-08306), as
recommended by the Public Works Director,for project being developed by Shapell
Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon
(Dougherty Valley) area. (District III)
DATE: July 22, 2008
PAGE: 2
I. Cash Bond
Performance Amount: $7,000.00
Auditor's Deposit Permit No. DP 505072 Date: June 13, 2008
Submitted by: Shapell Homes
II. Surety Bond
Bond Company: The Continental Insurance Company
Bond Number and Date: 929 412 149 June 5, 2008
Performance Amount: $690;400.00
Labor&Materials Amount: $345,200.00
Principal: Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp.
NOW, THEREFORE, IT. IS RESOLVED that said road improvement agreement is
APPROVED.
RESOL UTJON NO. 2008/�---------------
fl
I
ROAD IMPROVEMENT AGREEMENT
Developer: Shapell Homes,A Division of Shavell Industries,Inc..A Effective Date:
Delaware Corr.
Completion Period: 2 years
Development: RA 06-01209(cross-reference SD 08306)
Road: Pedestrian Bridge Gale P113 to Windemere PHI
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Julia R.Bueren,Public Works Director
(print name&itle) ✓ � �/`�,���ID .�
LNDED FOR APPROVAL W68 10At ,9&-,J
Al
By: /o/j,/.,j
(signature) tMMI
Engineerin - ces Division (print name& itle)
r vei, col-
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged. 1f Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Conn ,"and the above-mentioned Developer,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on
file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: $7.000.00 cash,plus additional security,in the amount of$690.400.00 which together total one hundred percent
(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 345.200.00,which is fifty percent(50%)of the estimated cost of the work. Such security is presented
in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara ><
On June 9,2008, before me, Janice T. Kruse, Notary Public personally appeared J.C.
Truebridge and Ken Cox who proved to me on the basis of satisfactory evidence to be
the persons whose names are subscribed to the within instrument and acknowledged to
me that they executed the same in their authorized capacities, and that by their signature
on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
JI VICE T. KRUSE
WITNESS my han d offic 1 seal.
Notary Public-California Z
Santa Clara County
iMCommission# 1597428
, , r
Comm.Expires Aug 24,2009
Signature of Notary Publi
Optional Information
l
Title or Type of Document: Road improvement Agreement - Ped. Bridge to Windemere
Capacity Claimed by Signer: Vice President& Assistant Secretary of
Shape]] Industries, Inc.
Effective 1/1/08
Bond No.: 929 412 149
Development: RA 06-01209(cross- referenceSD 08306
Pedestrian Bridge to Windemere-Gale Ranch III
Premium: $3,107.00(Annual)
IMPROVEMENT SECURITY BOND
FOR ROAD INIPROVIENIEN'r AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
I. RECITAL OF ROAD IMPROVEMENT AGREENMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on,or along RA 06-01209 to complete said work within the time specified for completion in
the Road Improvement Agreement, all in accordance with State and local laws and rulings.
2. OBLIGATION: Shapell Homes, A Division of Shapell Industries, inc.,_A Delaware Corp._,as Principal
and The Continental Insurance Company ,a corporation organized under the laws of the Stale of
PA ,and authorized to transact surety business in California,as Surety,hereby jointly and
severally bind Ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra
Costa, California to pay as follows:
A. Performance: Six hundred trinet�thous.and fourliundred Dollars($690,400.00)fen•itsclforany city
assignee under.the above County Road improvement Agreement, plus
B. Payment: Three hundred forty five thousand two hundred Dollars ($345;200.00) to secure the
claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that ii'the above bonded Principal,
or principal's heirs,executors,administrators, successors or assigns,shall in all things stand to and
abide by and well and h•uly keep and perform the covenants,conditions and provisions in the said
agreement and.any alteration thereof made as therein provided on it or its 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 the Cotlttty Of Contra Costa Or City
assignee, 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.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-iN-FACT
Know All filen By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing
corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed
hereby make,constitute and appoint
Pamela L Stocks, Beverly A Hall,Sandra V Ilanner,Gina O'Shea,Individually
of Sherman-Oaks,CA,its trUC and lawful Attorney(s)-in-Fact with full power and authority-hereby conferred to.sign,seal and execute for and on its
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 the corporation and all the acts
ofsaid.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 Board of Directors of the corporation.
In Witness Whereof.The Continental insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 22nd day of November,2006.
.
AW The.• The Continental Insurance Company
4'
town
.
Thomas P.-Stillman Senior Vice President
State ol'Illinois,County of Cook,ss:
On this 22nd flay ol•November,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose anis
say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania
corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument
is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation zinc)that he signed his name thereto
pursuant to like authority,and acknowledges same to be the act and decd of said corporation.
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"OFFICIAL SEAL- a
o° MARIA M.MEDINA ;
e Notary
e Public,StMO 1111noin
My Commission Eapirea 3115109
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My Commission Expires March 15,2009 Maria M. Medina Notary Public
CERTIFICATE
1,Mary A. 1tibikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of
:-Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on
the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said.corporation this
5th day of June 2008
The Continental insurance Company
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A) aa:
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°••''�� Mary A. Rbikaflkis Assistant Secretary
Dorm F6550-11/2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On June 5, 2008 before me, Beverly A. Hall, Notary Public
Date Here Insert Narne and Title of the officer
personally appeared Pamela L. Stocks
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(sr) is/W subscribed to the
within instrument and acknowledged to me that
Nl§/she/ acexecuted the same in NWher/mac authorized
capacity, and that by Mher/ftiiK signature(s) on the
instrument the person(z), or the entity upon behalf of
which the person(%) acted, executed the instrument.
IMRIY A. t LL
O;K"ommtuion/ t1i74R9 I certify under PENALTY OF PERJURY under the laws
°ffy Puna-Cho of the State of California that the foregoing paragraph is
Lo AngW" County
true and correct.
WITNESS my hand and officiia� _— . .
l sea.
Notary Seal Signature _...Jd. _.__.........-_....._
g n..aturu of Notary Public.
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT z
State of California
County of Santa Clara
<? On June 9, 2008,before me,Janice T. Kruse,Notary Public personally appeared J.C. '>
Truebridge and Ken Cox who proved to me on the basis of satisfactory evidence to be S�
the persons whose names are subscribed to the within instrument and acknowledged to S'
me that they executed the same in their authorized capacities, and that by their signature
S on the instrument the person, or the entity upon behalf of which the person acted,
z� executed the instrument. >
I certify under PENALTY OF PERJURY under the laws of the State of California that
?? the foregoing paragraph is true and correct. 'N
�S
JANICE T. KRUSE WITNESS my hand a d offici seal. �>
Commission# 1597428
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Santa Clara County
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�? nny Comm.Expires Aug 24,2009 Signature of Notary Public z
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Optional Information
Title or Type of Document: Improvement Bond - Road Improvement Agreement, Tract
<? 8306, Ped. Bridge to Windemere.
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Capacity Claimed by Signer: Vice President& Assistant Secretary of
Shapell Industries, Inc.
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(�J)♦� Effective 1/1/08 ;
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