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Home My WebLink AboutMINUTES - 08052008 - C.12 _SE-` Contra TO: BOARD OF SUPERVISORS ��• �� FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR on Costa :;:iioilA Z DATE: August 5, 2008 6' TA-COUIz County SUBJECT: Accept completion of improvements for Road Acceptance 05-01188, Oakley Area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/10/ accepting completion of improvements for Sandmound Boulevard, Road Acceptance 05-01188(cross-reference Subdivision 90-07562),for project being developed by Shea Homes Limited Partnership,a California Limited Partnership,as recommended by the Public Works Director,Oakley area.(District V) 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 will not be accepted as complete. / Continued on Attachment: SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR -" ECOMMENDATION OF BOARD COMMITTEE _APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON O APPROVED AS REC11MMENDED OTHER I hereby certify that this is a true and correct vo OF SUPERVISORS ' copy of an action taken and entered on the UNANIMOUS(ABSENT /0»Ge ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: DS jc G:\EngSvc\BO\2008\08-05\RA 05-01188 B042 FORM.doc Originator:Public Works(ES) Contact: J.LaRocque(313-2315) ATTESTED: •�-0� Recording to be completed by Clerk of the Board cc: Public Works Finance JOHN CULLEN, Clerk of the Board of Construction Supervisors and County Administrator Maintenance -T—June 5,2009 Shea Homes Limited Partnership 2580 Shea Center Drive Livermore,CA 94550 ,Deputy Attn:Blake Reinherdt By Safeco Insurance Company of America 330 N.Brand Blvd.,Suite 1000 Glendale,CA 91203 Attn:V.M.Campbell • � IIII III IIIIIII IIII IIIIIIIIIIIIIII CONTRA cosrA Co IIIIIIIIIIIIIIII Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC,`_ +7/a IR Public Works Department L0 0175176 0() Engineering Services Division Wednesday, AUG 06, 200$ 13:17 10 Return to: FRE $0.00: : :10 Public Works Department tt 1 Pd $0,00 Nbr 0004168039 Engineering Services Division Irc/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 5, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/SSS SUBJECT: Accepting completion of improvements for Sandmound Boulevard,Road Acceptance 05-01188 (cross-reference Subdivision 90-07562), Oakley area. (District V) These improvements consist of Sandmound Boulevard widening at Cypress Road Extension. The Public Works Director having notified this Board that the improvements for Sandmound Boulevard Road Acceptance 05-01188(cross-reference 90-07562 have been completed as provided in the Road Improvement Agreement with Shea Homes Limited Partnership, a California Limited Partnership heretofore approved by this Board; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 5,2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY May 2, 2006 Safeco Insurance Company of America BB:;c I hereby certify that this is a true and correct copy of an G:\EngSvc\80\2008\08-05\RA 05-01188 B042 FORM.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: J.LaRocque(313-2315) Recording to be completed by Clerk of the Board Supervisors on the date shown. cc: Public Works -Finance -Construction -Maintenance esz -T—June 5,2009 ATTESTED: Shea Homes Limited Partnership 2580 Shea Center Drive JOHN CULLE , Cl Pthe Board of Supervisors Livermore,CA 94550 Attn:Blake Reinherdt and County Administrator Safeco Insurance Company of America 330 N.Brand Blvd.,Suite 1000 Glendale,CA 91203B}, ,Deputy Attn:V,M.Campbell RESOLUTION NO.2008/ 4.P57 SUBJECT: Accepting completion of improvements for Sandmound Boulevard, Road Acceptance 05-01188(cross-reference Subdivision 90-07562),Oakley area.(District V) DATE: August 5, 2008 PAGE: 2 BE IT FURTHER RESOLVED that the payment (labor and materials) surety for $374,050.00,Bond No. 6399475 issued by Safeco Insurance Company of America be RETAINED for the six month lien guarantee period until February 5,2009, 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 Sandmound Boulevard is ACCEPTED as COMPLETE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $7,481.00 cash deposit (Auditor's Deposit Permit No.461684, dated April 4, 2006) made by Shea Homes Limited Partnership, a California Limited Partnership and the performance/maintenance surety bond rider for$111,093.00,Bond No.6399475,dated June 4,2008, issued by Safeco Insurance Company of America be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOL UTION NO. 2008/S ,*%- RIDER To be attached to and form part of: Bond Number 6399475 dated 03/16/06 issued by the SAFECO INSURANCE COMPANY OF AMERICA in the amount of $740,619.00 on behalf of Shea Homes Limited Partnership (Principal) and in favor of County of Contra Costa (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The bond amount shall be amended: FROM: Seven Hundred Forty Thousand Six Hundred Nineteen and 00/100 ($740,619.00) TO: One Hundred Eleven Thousand Ninety Three and 00/100 ($111,093.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 4`h day of June, 2008. Signed, Sealed &Dated this 4th day of June, 2008. Shea Homes Limited P hip, a California li ite nership By: )�� Mknalofer Its: A thorized Agent By: �__ V, matthe J. Henry Its: �U_ orized Agent SAFECO INSURANCE COMPANY OF AMERICA (Surety) n r By: No i uiroz,Attomey-m-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JUN 0 4 2008 before me, B. Wong, Notary Public, personally appeared Noemi Quiroz who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. (seal) Signature 4B. onga"41 B. WONG Commission# 1683638 1 Notary Public-California Los Angeles County emy Comm.Expires Jul 24,201 O Safeco Insurance Company of America POWER General Insurance Company of America Safeco Plaza F OF ATTORNEY Seattle,WA 98185 No. 6843 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ALBRECHT,JR.;TRACY ASTON;TOM BRANIGAN;K.D.CON RAD;ASH RAF ELMASRY;SIMONE GERHARD; JOYCE HERRIN;MICHAEL R.MAYBERRY;C.K.NAKAMURA;MARIA PENA;WILLIAM A.SADLER;EDWARD C.SPECTOR;MARINA TAPIA;LISA THORNTON;BRENDA WONG;NOEMI QUIROZ;Los Angeles, its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 24th March 2008 this day of STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of said corporation this 4th day of June 2008 — CSM r SEAL �4 L ,A � � X 4 -In \� STEPHANIE DALEY-WATSON,SECRETARY Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF S-0974/DS 4/05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Alameda ) On June 17, 2008 before me, J. Van Wegen _ , Notary Public, personally appeared _Donald A. Hofer and Matthew J. Henry who proved to me on the basis of satisfactory evidence to be the persona whose nameu is/are subscribed to the within instrument and acknowledged to me that he/she/ hey executed the same in hi-~heir authorized capacityies , and that by his/„eir/their signatures on the instrument the persons, or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. i J. VAN WECENN COMM. * 1664056 NOTARY PUBLIC-C I WORNIA Signature; _ COUNTY OF BUM Comm. Expires May 4,2010 U RAMAM lWWWWWWWWS This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL ® CORPORATE OFFICER(S) TITLE(S): ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Shea Homes Limited Partnership Shea Homes Limited Partnership Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: Rider NUMBER OF PAGES 1 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by<<!!Table Field EONAME Not Found!!»11/2007